WeAlert Terms of Service
Last updated: 10th September 2025
Legal entity: WeAlert Technology Solutions Limited ("WeAlert", "we", "us", or "our"). Registered in England and Wales. Company number: 14790169. Registered office: Stanmore Business & Innovation Centre, Howard Road, Stanmore, England, HA7 1BT. Trading as "WeAlert" at https://wealert.co.uk.
Important: These Terms apply to business customers only. If you are a consumer, you must not use the Services.
1. Definitions
Account: your subscription account with WeAlert.
Applicable Law: all laws and regulatory requirements applicable to your use of the Services, including UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 ("PECR").
Customer, you: the business that registers for and uses the Services.
Customer Data: data you (or your end users) submit to the Services, including contact lists, message content, logs, and analytics.
Documentation: any user guides or technical documentation we provide.
Services: WeAlert’s software‑as‑a‑service platform for SMS messaging, phone‑list management, and related features, including APIs, dashboards, and support.
Subscription Plan: the pricing plan you select (including any message/credit allowance).
Third‑Party Services: services not provided by WeAlert (for example, payment processors, carriers, SMS aggregators).
2. Contract Formation
By creating an Account, clicking “I agree”, or using the Services, you enter into a binding contract with WeAlert on these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.
3. Services; Changes
3.1 We provide the Services in accordance with these Terms and the Documentation.
3.2 We may make changes to features, interfaces, or APIs for security, performance, legal, or business reasons. Where changes materially reduce functionality, we will give reasonable notice by email or in‑product notice.
3.3 Beta, preview, or trial features may be offered at our discretion and are provided “as is”.
4. Eligibility; Account Security
4.1 You must be a business established in a supported country and at least 18 years old.
4.2 You are responsible for Account credentials, configuration, users, and activity under your Account.
4.3 You must notify us promptly of any unauthorised use or security incident.
5. Your Obligations (Messaging & Compliance)
5.1 Consent: You must obtain, record, and maintain valid, provable consent from each recipient before sending marketing SMS, unless an exemption applies (e.g., PECR soft opt‑in). You must comply with Applicable Law in every destination country.
5.2 Identification & Content: Every message must clearly identify your business and include a simple, no‑charge opt‑out instruction (e.g., “Reply STOP to opt out”). You are solely responsible for message content, links, and any consequences.
5.3 Opt‑Outs: You must honour opt‑out requests immediately and no later than 24 hours after receipt, keep a suppression list, and not message any opted‑out number.
5.4 Quiet Hours: Where required by law or carrier policy, you must respect time‑of‑day restrictions for marketing messages.
5.5 Data Accuracy: You must ensure Customer Data (including numbers) is accurate, up‑to‑date, and lawfully obtained.
5.6 Prohibited Uses: You must not use the Services for illegal, harmful, deceptive, or abusive activity, including but not limited to spam; harassment; threats; hate or discriminatory content; sexual content aimed at minors; malware; scams; phishing; or advertising regulated goods/services without required approvals (e.g., tobacco/nicotine, alcohol, gambling, firearms, financial promotions, medical/health claims).
5.7 Regional Rules: If you message recipients in other countries (e.g., US, EU), you must comply with local telecom and marketing rules (e.g., US A2P/10DLC registration, opt‑in records, HELP/STOP keywords).
5.8 Delivery Limits: You must configure sender IDs and templates to comply with carrier requirements. Delivery speed and sender availability may vary by country and carrier.
6. Pricing, Credits, and Payment
6.1 Fees: You agree to pay the fees for your Subscription Plan and any usage beyond plan allowances (e.g., per‑message or per‑segment charges, lookups, short codes, dedicated senders). Fees are exclusive of taxes.
6.2 Billing: Unless otherwise stated, subscriptions are billed in advance on a recurring basis (monthly or annually). Usage fees are billed in arrears.
6.3 Taxes: You are responsible for VAT and other applicable taxes; we may charge these where required.
6.4 Non‑Refundable: Except as required by law or expressly stated in these Terms, fees are non‑refundable. Unused credits expire at the end of the billing period unless your plan says otherwise.
6.5 Late Payment: We may suspend or limit the Services for overdue amounts. Interest may accrue at the lesser of 4% per annum above Barclays Bank base rate or the maximum permitted by law.
6.6 Changes: We may change pricing with at least 30 days’ notice. Continued use after the effective date constitutes acceptance.
7. Service Levels & Support
7.1 Availability: We target high availability, excluding scheduled maintenance and factors outside our control (including carrier networks, internet, and Third‑Party Services). Delivery receipts and timing are not guaranteed.
7.2 Support: Standard support is provided via email and in‑app during UK business hours unless your plan specifies otherwise.
8. Suspension
We may suspend or restrict the Services (with notice where reasonable) if: (a) needed to protect the Services or others; (b) you breach these Terms or Applicable Law; (c) fees are overdue; or (d) we reasonably suspect fraud, abuse, or excessive complaints.
9. Intellectual Property
9.1 WeAlert and its licensors retain all rights, title, and interest in the Services and Documentation. No rights are granted except as expressly stated.
9.2 You grant us a non‑exclusive licence to use Customer Data only to provide, secure, maintain, and improve the Services and to comply with law.
9.3 Feedback: If you provide feedback, you grant us a perpetual, irrevocable, royalty‑free licence to use it without restriction.
10. Data Protection
10.1 Roles: For Customer Data that is personal data, you are the controller and WeAlert is the processor.
10.2 DPA: The Data Processing Addendum in Schedule 1 forms part of these Terms and governs our processing of personal data on your behalf.
10.3 Security: We will implement appropriate technical and organisational measures as described in Schedule 1 (Annex II).
10.4 Sub‑processors: We may engage vetted sub‑processors (e.g., cloud hosting, SMS aggregators, support tools) as listed in Schedule 1 (Annex III), subject to equivalent obligations.
11. Confidentiality
Each party must protect the other’s non‑public information using reasonable care and use it only for the purposes of the contract. These obligations do not apply to information that is public, independently developed, or lawfully obtained from a third party.
12. Warranties and Disclaimers
12.1 You warrant that your use of the Services, message content, and Customer Data comply with Applicable Law, and that you have obtained all necessary consents and permissions.
12.2 The Services are provided “as is” without warranties of any kind. We disclaim all implied warranties (including merchantability, fitness for a particular purpose, and non‑infringement). We do not warrant uninterrupted or error‑free operation or guaranteed delivery.
13. Indemnities
13.1 By You: You will defend and indemnify WeAlert against claims, losses, and costs arising from (a) your use of the Services in breach of these Terms or law; (b) your message content; (c) your failure to honour opt‑outs; or (d) alleged infringement by Customer Data.
13.2 By Us: We will defend and indemnify you against third‑party claims alleging that the Services (as provided by us) infringe UK intellectual property rights, provided you notify us promptly and allow us sole control of the defence.
14. Limitation of Liability
14.1 Neither party excludes liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded by law.
14.2 Indirect Losses: Neither party is liable for indirect, special, incidental, punitive, or consequential damages; loss of profits, revenue, or data; or business interruption.
14.3 Cap: Each party’s total aggregate liability in any 12‑month period is limited to the fees paid or payable by you to WeAlert for the Services in that period.
15. Term; Termination
15.1 These Terms start when you first use the Services and continue until terminated.
15.2 Either party may terminate for convenience at the end of a billing period by giving notice per your plan.
15.3 Either party may terminate for material breach if not cured within 30 days of notice.
15.4 We may terminate immediately if required by law or for repeated prohibited use or unlawful messaging.
Effect of Termination. Upon termination, your access will cease. We will delete or return Customer Data within 30 days unless we are legally required to retain it. You are responsible for exporting your data before closure.
16. Publicity
We may identify you as a customer (using your name and logo) in marketing materials and on our site, unless you opt out by emailing support@wealert.co.uk.
17. Third‑Party Services
If you enable or use Third‑Party Services, their terms apply to your use of them. WeAlert is not responsible for Third‑Party Services and may share data with them as instructed by you or as necessary to provide integrations.
18. Changes to Terms
We may update these Terms from time to time. We will provide notice of material changes. Your continued use after the effective date constitutes acceptance.
19. Governing Law; Jurisdiction
These Terms and any dispute or claim (including non‑contractual disputes or claims) are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
20. Miscellaneous
20.1 Assignment: You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
20.2 Force Majeure: Neither party is liable for failure caused by events beyond reasonable control.
20.3 Notices: Notices to WeAlert: legal@wealert.co.uk. Notices to you: to the email associated with your Account.
20.4 Severability; No Waiver: If any provision is unenforceable, the remainder remains in effect. No failure to enforce is a waiver.
20.5 Entire Agreement: These Terms (including Schedule 1 and any order form) are the entire agreement and supersede prior agreements about the Services.
20.6 No Partnership: The parties are independent contractors.
Schedule 1 – Data Processing Addendum (UK GDPR)
This DPA is incorporated into the Terms between WeAlert (processor) and Customer (controller).
A. Subject Matter and Duration
Processing of Customer personal data to provide the Services. Duration is the term of the Agreement and until deletion/return of personal data.
B. Nature and Purpose of Processing
Hosting, storage, transmission (including via telecom carriers), analytics, list management, suppression, billing, security, support, and service improvement.
C. Types of Personal Data; Data Subjects
Data Subjects: Customer’s contacts/end recipients; Customer’s users/administrators.
Personal Data: Names, phone numbers, contact attributes (e.g., tags, preferences), message content and metadata (timestamps, delivery status, IPs), opt‑in/opt‑out records, login identifiers, audit logs.
D. Controller Instructions
WeAlert will process personal data only on documented instructions from Customer, including transfers to sub‑processors and third countries as necessary to provide the Services.
E. Security Measures (Annex II – Summary)
WeAlert will implement appropriate technical and organisational measures, including: (i) access controls and role‑based permissions; (ii) encryption in transit and at rest for core data stores; (iii) network segmentation and firewalls; (iv) vulnerability management and patching; (v) secure software development practices; (vi) logging and monitoring; (vii) incident response; (viii) employee confidentiality and security training; (ix) regular backups and tested restoration procedures; and (x) data minimisation and retention policies.
F. Sub‑Processors (Annex III)
Customer authorises WeAlert to engage sub‑processors for infrastructure, messaging delivery, and support (e.g., cloud hosting providers, SMS aggregators, email service tools, payment processors). We will maintain a list available on request and will provide notice of changes. Customer may object on reasonable grounds within 10 days; if unresolved, Customer may terminate the affected Services.
G. International Transfers
Where personal data is transferred outside the UK/EEA, WeAlert will ensure appropriate safeguards (e.g., UK IDTA / EU SCCs with Addendum) and conduct transfer risk assessments as applicable.
H. Confidentiality
WeAlert ensures personnel accessing personal data are subject to appropriate confidentiality obligations.
I. Assistance and Cooperation
WeAlert will assist Customer to: (i) respond to data subject requests; (ii) conduct DPIAs and consult with supervisory authorities; and (iii) demonstrate compliance, each to the extent reasonably necessary and proportionate to the Services.
J. Security Incidents
WeAlert will notify Customer without undue delay after becoming aware of a personal data breach affecting Customer Data and will provide information reasonably required for Customer to meet its obligations.
K. Audit Rights
Upon reasonable prior notice, WeAlert will make available information necessary to demonstrate compliance and allow audits once per 12 months (or following a material incident) by Customer or an independent auditor bound by confidentiality, during normal business hours, without disrupting operations.
L. Deletion and Return
Following termination, WeAlert will delete Customer personal data within 30 days, unless retention is required by law. On request, WeAlert will return a copy of Customer Data in a commonly used format before deletion.
Schedule 2 – Acceptable Use Policy (AUP)
You must not use the Services to:
Send unsolicited marketing without valid consent or soft opt‑in under PECR.
Fail to include clear identity and opt‑out instructions in each message (e.g., “Reply STOP”).
Send messages relating to illegal activities; promote violence, hate, or harassment; or exploit minors.
Send deceptive, misleading, or fraudulent content, phishing, malware, or links to unsafe sites.
Promote regulated goods/services without required approvals and age‑gating (e.g., alcohol, gambling, financial promotions, tobacco/nicotine, medical claims, weapons).
Harvest, scrape, or purchase lists without explicit, provable consent.
Infringe intellectual property, privacy, or other rights.
Interfere with the Services or attempt to bypass security/usage controls.
Use shared senders in a way that degrades deliverability for others.
Carrier/Regional Rules: You must comply with telecom carrier rules, including US A2P/10DLC where applicable (registration, brand/campaign approval, HELP/STOP responses). We may block traffic that violates carrier policies.
Schedule 3 – Service Description & Fair Use
Message delivery is dependent on external carrier networks and is not guaranteed. Delivery receipts may be delayed or unavailable.
Fair use limits may apply to prevent abuse or traffic patterns that harm deliverability or platform stability.
We may rate‑limit or filter suspected spam or abusive content.
Contact
Legal enquiries: legal@wealert.co.uk
Support: support@wealert.co.uk