Terms of Service

Effective Date: June 10, 2026

Please read these Terms of Service ("Terms") carefully before using the NextGenSwitch platform, including its Facebook Messenger and WhatsApp Business messaging features. These Terms constitute a legally binding agreement between NextGenSwitch ("Company", "we", "us", or "our") and the business or individual ("Tenant", "you", or "your") accessing or using the Service.

By creating an account, connecting a Facebook Page or WhatsApp Business number, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Description of Service

NextGenSwitch provides a cloud-based contact center and unified communications platform ("Service") that enables Organizations to manage inbound and outbound voice calls, SMS, Facebook Messenger conversations, and WhatsApp Business messages through a single web interface. Key capabilities include:

  • PBX call routing (extensions, IVRs, call queues, ring groups).
  • Outbound dialing campaigns.
  • Facebook Messenger integration via the Meta Messenger Platform API.
  • WhatsApp Business Cloud API integration via Meta's official API.
  • AI-powered assistants for voice and messaging channels.
  • Multi-tenant management, agent dashboards, and reporting.

2. Eligibility & Account Registration

  • You must be at least 18 years of age and have the legal authority to enter into a binding agreement to use the Service.
  • If you are registering on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
  • You must provide accurate, complete, and current registration information and keep it updated.
  • You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
  • You must notify us immediately of any unauthorized use of your account at contact@nextgenswitch.com.

3. Meta Platform Integrations

3.1 Facebook Messenger

Use of the Messenger integration is subject to the Meta Platform Terms and the Messenger Platform Policy. By connecting a Facebook Page to NextGenSwitch, you confirm that:

  • You are an authorized administrator of the Facebook Page you connect.
  • You will use Messenger only to respond to customer-initiated conversations and within Meta's messaging windows.
  • You will not send unsolicited messages, spam, or promotional bulk messages outside of approved Meta message templates.
  • You will comply with all applicable laws governing electronic communications and consumer messaging.

3.2 WhatsApp Business Cloud API

Use of the WhatsApp integration is subject to the WhatsApp Business Terms of Service and the Meta Platform Terms. By connecting a WhatsApp Business number to NextGenSwitch, you confirm that:

  • You hold or are authorized to use the WhatsApp Business Account and phone number you connect.
  • You will send messages only to users who have opted in to receive communications from you.
  • You will use approved message templates for outbound marketing messages where required by Meta policy.
  • You will not send spam, illegal content, or messages that violate Meta's commerce or messaging policies.
  • You are solely responsible for obtaining any required consents from your end users.
NextGenSwitch acts as a technology platform that routes messages between your agents and your customers. We are not responsible for the content of messages you send or for your compliance with Meta Platform Policies, telecommunications regulations, or anti-spam laws applicable to your jurisdiction.

4. Acceptable Use

You agree not to use the Service to:

  • Send spam, unsolicited commercial messages, or bulk messages without proper user consent.
  • Harass, threaten, defame, or engage in abusive behavior toward any person.
  • Transmit, distribute, or store content that is unlawful, obscene, fraudulent, or violates any third party's intellectual property or privacy rights.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Circumvent, disable, or interfere with security features of the Service or Meta's platform.
  • Use the Service in a way that violates Meta Platform Terms, WhatsApp Business Terms, or any applicable law.
  • Resell, sublicense, or distribute access to the Service without our prior written consent.
  • Use the Service for any purpose that constitutes or facilitates illegal activity.
  • Reverse-engineer, decompile, or disassemble any portion of the Service.
  • Attempt to gain unauthorized access to our systems, other Tenants' data, or any third-party systems.
Important: Violations of the Acceptable Use Policy may result in immediate account suspension or termination, and may be reported to Meta, relevant authorities, or other affected parties.

5. Tenant Responsibilities

As a Tenant, you are solely responsible for:

  • All content transmitted through the Service, including messages sent to your customers.
  • Obtaining all necessary consents and permissions from your customers to contact them via Messenger or WhatsApp.
  • Complying with all applicable data protection laws (including GDPR, CCPA, and local equivalents).
  • Maintaining accurate and current contact and billing information in your account.
  • Ensuring your use of the Facebook Messenger and WhatsApp integrations complies with Meta's platform policies at all times.
  • The actions and omissions of all users (agents, administrators) on your NextGenSwitch account.

6. Subscription, Payment & Billing

  • Access to NextGenSwitch is provided on a subscription basis. Fees are charged in advance for each billing period.
  • Refund requests must be submitted within 7 calendar days from the purchase date. Approved refunds are typically reflected in your bank statement within 6 to 10 business days. After the 7-day window, refunds are not available.
  • We reserve the right to change pricing with at least 30 days' written notice to Tenant administrators.
  • Failure to pay fees when due may result in suspension of your account. Accounts suspended for non-payment for more than 60 days may be terminated and data deleted.
  • You are responsible for all applicable taxes in addition to the subscription fees.

7. Intellectual Property

All rights, title, and interest in and to the Service, including all software, interfaces, algorithms, documentation, and related materials, are and will remain the exclusive property of NextGenSwitch and its licensors. Nothing in these Terms transfers any ownership rights to you.

You retain full ownership of all content you or your users transmit or store through the Service ("Tenant Content"). By using the Service, you grant NextGenSwitch a limited, non-exclusive license to host and process Tenant Content solely as necessary to provide the Service.

8. Confidentiality

Each party agrees to keep confidential and not to disclose the other party's confidential information to any third party without prior written consent, except as required by law or as necessary to perform obligations under these Terms. Message content processed through the Service is treated as confidential Tenant Content.

9. Data Processing & Privacy

Our collection and use of personal data in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. For Tenants subject to GDPR or other data protection regulations, a Data Processing Agreement (DPA) is available upon request at contact@nextgenswitch.com.

10. Service Availability & Maintenance

We strive to provide high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled or emergency maintenance at any time. We will endeavor to provide advance notice of scheduled downtime where practicable.

NextGenSwitch makes no warranty that the Service will be error-free or that all defects will be corrected, nor does NextGenSwitch guarantee the availability, performance, or policy compliance of any third-party services, including Meta's Messenger Platform and WhatsApp Business Cloud API.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. NEXTGENSWITCH DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTGENSWITCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of revenue, profits, or business opportunities.
  • Loss of data or unauthorized access to data.
  • Failure of the Messenger or WhatsApp integration to deliver or receive messages.
  • Actions taken by Meta against your Facebook Page, WhatsApp number, or Business Account.
  • Regulatory fines or penalties arising from your use of messaging channels.

IN ALL CASES, NEXTGENSWITCH'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO NEXTGENSWITCH IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless NextGenSwitch and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

  • Your violation of these Terms or applicable law.
  • Any message content sent through the Service.
  • Your violation of Meta Platform Terms, WhatsApp Business Terms, or any third-party rights.
  • Any claim by a recipient of your messages regarding consent, harassment, or data privacy.

14. Account Termination & Suspension

14.1 Termination by Tenant

You may cancel your subscription and close your account at any time by contacting contact@nextgenswitch.com. Cancellation takes effect at the end of the current billing period. No prorated refunds are issued for unused time outside the 7-day refund window described in Section 6.

14.2 Termination or Suspension by NextGenSwitch

We may suspend or terminate your account immediately and without prior notice if:

  • You materially breach these Terms and fail to cure such breach within 7 days of written notice.
  • You violate Meta Platform Terms in a way that places our app or other Tenants at risk.
  • You engage in behavior that constitutes spam, abuse, fraud, or illegal activity.
  • Payment of subscription fees is overdue by more than 30 days.
  • We are required to do so by law or by Meta's policies.

14.3 Effect of Termination

Upon termination: (a) your access to the Service ceases immediately; (b) your data will be retained for up to 90 days to allow export, then permanently deleted; (c) provisions of these Terms that by their nature should survive termination (including Sections 7, 11, 12, 13, and 17) shall survive.

15. Third-Party Services & Meta Platform

The Service integrates with Meta's Facebook Messenger Platform and WhatsApp Business Cloud API, as well as other third-party services. We do not control, and are not responsible for, the availability, accuracy, or compliance of any third-party service. Your use of any third-party service is governed by that service's own terms and policies.

NextGenSwitch may modify, suspend, or discontinue a third-party integration if Meta changes its API, revokes app access, or discontinues the underlying service. We will endeavor to provide advance notice but are not liable for any resulting disruption.

16. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page and notify Tenant administrators by email at least 14 days before the changes take effect. Continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not accept the revised Terms, you must stop using the Service and cancel your account.

17. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising from or related to these Terms or the Service shall first be submitted to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration or the courts of competent jurisdiction in the Tenant's jurisdiction, as required by applicable law.

18. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and NextGenSwitch regarding the Service.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may freely assign our rights.
  • Notices: Legal notices to NextGenSwitch should be sent to contact@nextgenswitch.com.

19. Contact Us

For questions or concerns regarding these Terms, please contact us:

NextGenSwitch Support Team

Email: contact@nextgenswitch.com

Phone: +880 1734-936561