CREATO AI WhatsApp Marketing Special Terms

Document version: 2.0 — Date of preparation: September 30, 2026. This schedule is an addendum to the Terms of Service and SaaS Agreement for Customers activating WhatsApp capabilities.

1 Service and account authority

CREATO AI provides messaging, template management, automated broadcasts, conversational workflows, and campaign analytics connected to the Customer's account via the WhatsApp Business Platform. Customer warrants that it is the legal owner or authorized representative of the business identity, phone number, and WhatsApp Business Account utilized. Misleading business profiles, unauthorized use of third-party trademarks, or unverified phone numbers are strictly prohibited.

Meta/WhatsApp exercises independent discretion over account verification, channel access, template approvals, and quality rating enforcement. CREATO AI does not warrant, as an agent of Meta, that all verification requests will be granted or account restrictions lifted. Liability arising from Provider's own integration or configuration defects remains reserved.

2 Recipient consent and legal basis

Prior to campaign launch, Customer must establish, verify, and retain auditable records of recipient opt-ins, commercial electronic message approvals, WhatsApp messaging permissions, and statutory data processing grounds. Purchased, scraped, or unverified contact databases may not be used under any circumstances. Holding an individual's phone number, receiving an order, having a form submitted, or handling a single customer inquiry does not constitute blanket consent for future marketing broadcasts.

Personal data protection notices (e.g., KVKK/GDPR), explicit consents, commercial electronic messaging approvals (e.g., IYS under Turkish Law No. 6563), and WhatsApp channel opt-ins represent distinct legal requirements. Satisfying one does not automatically fulfill the others. Where applicable, Customer must ensure registration with message management registries, timely synchronization of opt-ins and opt-outs, and lawful retention of consent records. CREATO AI providing messaging tools does not constitute authorized registry integration or an assurance of automatic statutory compliance.

If relying on statutory consent exceptions (e.g., existing commercial relationships or B2B communications), Customer must verify that the content meets strict criteria. Embedding promotional pitches into transactional updates transforms the message into a marketing communication. Exceptions applicable to merchants do not eliminate recipient opt-out rights or WhatsApp's proprietary messaging policies.

3 Campaign content and dispatch instructions

Customer is responsible for verifying audience segments, message copy, variable dynamic fields, links, pricing, product availability, schedule parameters, and retry rules. Triggering a campaign or activating a workflow constitutes a documented dispatch instruction. CREATO AI will not append unauthorized audiences or utilize message content for unrelated purposes.

Meta's approval of a message template is solely a technical channel determination. It does not certify legal compliance, verify recipient permissions, or substantiate marketing claims. Customer remains liable for commercial offers, inventory, fulfillment, and sales to End Users. CREATO AI is responsible for executing dispatches in accordance with documented instructions.

4 Templates and channel compliance

All messaging must comply with the current WhatsApp Business Messaging Policy and technical guidelines. Business-initiated messages and responses outside the customer service window must utilize approved templates under the correct Meta category. Service windows, broadcast tiers, and billing models are separate concepts; access to a channel tier does not imply free or unlimited usage.

Meta may re-categorize, delay, reject, or deprecate templates, and enforce quality ratings, country limits, or recipient throttling. Prevailing rates and technical parameters govern. Fixed delivery ratios, permanent quotas, verification checkmarks, or unlimited bandwidth are not guaranteed.

Automated conversational agents must provide a clear, accessible path for End Users to connect with human support. Customer configures human handoff rules; CREATO AI delivers the routing features as specified. The use of automated or AI assistants must be disclosed transparently to End Users in compliance with the AI and Integration Special Terms.

5 Opt-out mechanisms and blocking re-sends

Every marketing communication must provide a simple, free-of-charge, and accessible opt-out mechanism directly within the messaging channel. Clear opt-out requests received via WhatsApp or other channels must be honored promptly. Subject to statutory limits, new marketing messages must cease without delay; under Turkish commercial electronic messaging rules, dispatches must terminate within three business days of receiving the refusal.

Opt-out records must not be bypassed by uploading new lists, re-segmenting audiences, switching templates, clearing queues, or resuming automated journeys. CREATO AI enforces automatic suppression for contacts recorded as opted-out in its systems; Customer must immediately sync opt-outs received through external channels. A request to opt out of all channels cannot be narrowed to a single channel without consent.

Following an opt-out, only strictly necessary transactional messages permitted by law and platform rules may be delivered; promotional content cannot be embedded into transactional alerts. CREATO AI remains independently responsible for consent and opt-out processing regarding its own direct brand communications.

6 Queuing quotas and analytics

Subject to plan limits and channel restrictions, campaigns may be queued, throttled, or executed in stages. Consent status is re-evaluated during queue processing. Pausing a campaign halts unsent messages; messages already accepted by the carrier network cannot be recalled.

Send, accept, delivery, read, and click statuses represent distinct lifecycle events. Analytics reflect statuses reported by upstream providers and may be affected by delivery delays, device settings, or recipient privacy choices. Delivery logs cannot substitute for legal proof of opt-in.

7 Third-party carrier fees

Platform subscription fees and Meta/WhatsApp conversation fees are distinct; bundled inclusions are explicitly detailed in the Order Summary. Regional rates, template categories, message volumes, and currency fluctuations affect carrier pricing. No paid messaging campaigns are executed without prior acceptance of pricing terms, calculation methods, and estimated costs.

Unsuccessful message deliveries are not uniformly billed or waived; upstream carrier billing rules and verified gateway records govern. Third-party fees not levied by upstream providers will not be collected from Customer. Provider remains obligated to correct erroneous or duplicated charges resulting from software bugs. Free trial accounts are subject to the same carrier cost terms agreed prior to dispatch.

8 Prohibited activities and protective measures

Spam, impersonation, fraudulent campaigns, phishing, harassment, illegal products, counterfeit goods, IP infringement, and circumventing platform rate limits are strictly prohibited. Regulated goods or services may only be marketed where explicitly authorized by governing laws and Meta policies. Requesting full payment card numbers, sensitive authentication credentials, or unnecessary special category personal data via messaging is prohibited.

CREATO AI may pause campaigns presenting imminent legal or operational risks, demand proof of recipient consent, and suspend offending features. Interventions are strictly proportionate to the risk; justifications are communicated where legally permissible. Bypassing account restrictions via alias identities or secondary phone numbers is prohibited.

9 Allocation of liability

Customer is responsible for recipient consents, uploaded lists, commercial offers, claims accuracy, and campaign dispatch instructions. CREATO AI is responsible for technical dispatch execution, local opt-out suppression enforcement, data security, and compliant service provision within its domain. Channel restrictions imposed by Meta due to Customer violations are the Customer's responsibility; disruptions caused by Provider fault are not excluded through blanket third-party disclaimers.

Third-party claims, indemnity obligations, and statutory liability limitations are governed by the main agreement. No provision shifts statutory provider, intermediary, or data security obligations onto the Customer.

10 Reference policies and contact

Messaging operations are subject to the WhatsApp Business Messaging Policy and WhatsApp Business Platform Terms. Impact on service arising from updates to carrier terms will be communicated to Customer. Carrier terms do not authorize Provider to arbitrarily alter its own core contractual commitments.

Contact and notices: EMRE ALAY — CREATO AI, hello@creato.digital.