Operating corporate entity and non-EEA geographic scope
WhatsApp LLC provides the services to users located outside the European Economic Area / European Region.
Supporting quotations
WhatsApp LLC ("WhatsApp," "our," "we," or "us") provides the services described below to you ("Services") unless you live in a country or territory in the European Economic Area (which includes the European Union) and any other included country or territory (collectively referred to as the "[European Region](https://faq.whatsapp.com/general/security-and-privacy/who-is-providing-your-whatsapp-services)").
Qualifications & exceptions
Applies outside the European Region (which is served by WhatsApp Ireland)
data: location_data · purpose: service_operation
Legal Rights & Agreement Rules · Restriction or exception
WhatsApp cannot reach emergency services
WhatsApp does not connect you to police, fire, hospitals or emergency call centers. Ensure you can use a mobile phone, landline or another service to reach them.
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NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
Legal Rights & Agreement Rules · Restriction or exception
AS IS service disclaimer of express and implied warranties
Services are provided 'as is' without warranties of merchantability, fitness for purpose, title, error-free operation, or virus protection.
Supporting quotations
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
Qualifications & exceptions
Subject to consumer rights that cannot be waived by law
purpose: warranty_disclaimer
Legal Rights & Agreement Rules · Restriction or exception
Third-party claim release includes unknown claims where law allows
You release WhatsApp parties from claims connected with claims you have against third parties, including known and unknown claims. Local laws that prohibit this disclaimer preserve your rights. US residents also waive California Civil Code 1542 or similar protections for unknown claims.
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IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Legal Rights & Agreement Rules · Restriction or exception
Damage exclusions apply only as far as law permits
WhatsApp excludes lost profits and consequential, punitive and similar damages to the maximum extent law permits. Some jurisdictions may disallow part or all of those exclusions.
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THE WHATSAPP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE WHATSAPP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Legal Rights & Agreement Rules · Restriction or exception
Aggregate cap is the greater of $100 or prior-year payments
The stated liability cap is the greater of $100 or what you paid WhatsApp in the preceding 12 months. It applies only to the extent applicable law allows.
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OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
Legal Rights & Agreement Rules · Restriction or exception
Third-party claim indemnity is subject to local legal rights
To the extent law permits, users must indemnify WhatsApp parties for third-party claims tied to use or content, violations or misrepresentations, including reasonable legal costs, and cooperate in defense or settlement. Nonwaivable local rights remain.
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If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on WhatsApp, or any other use of our Services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the WhatsApp Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to WhatsApp are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it.
Legal Rights & Agreement Rules · Procedure
California venue includes a WhatsApp home-country option
Non-arbitrable disputes generally go to the Northern District of California or state courts in San Mateo County. WhatsApp may instead bring its non-arbitrable dispute in a competent court in your country of residence.
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you and WhatsApp agree that any such claim or cause of action (each, a “Dispute,” and together, “Disputes”) will be resolved exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or cause of action, and the laws of the State of California will govern any such claim or cause of action without regard to conflict of law provisions.
Legal Rights & Agreement Rules · Context
California state governing law
The laws of the State of California govern the Terms and any dispute in arbitration or court, without regard to conflict-of-laws principles.
Supporting quotations
Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between WhatsApp and you, without regard to conflict of law provisions.
Qualifications & exceptions
Governed by California law
purpose: dispute_resolution
Legal Rights & Agreement Rules · Restriction or exception
One-year claim limit excludes specified disputes
Both sides generally must begin a claim within one year after it first arises, to the fullest extent law permits. Defined Excluded Disputes, including IP and unauthorized-service-interference disputes, are excepted.
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except for the Excluded Disputes defined below
enforcement or infringement of your or our intellectual property rights
Legal Rights & Agreement Rules · Context
Entire-agreement rule permits a signed alternative
These terms supersede prior agreements unless a mutually executed agreement states otherwise.
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Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding WhatsApp and our Services, and supersede any prior agreements.
Legal Rights & Agreement Rules · Restriction or exception
Export control compliance and prohibition against location proxying
Users must comply with US and international export laws and sanctions; disguising location through IP proxying or accessing from restricted areas is prohibited.
Supporting quotations
You will comply with all applicable United States and non-United States export control and trade sanctions laws ("Export Laws"). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, territory, or country prohibited by Export Laws; (b) to anyone on United States or non-United States government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country or territory, if you are currently listed on any United States or non-United States restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
Qualifications & exceptions
Prohibits IP proxying and access from sanctioned destinations
Material term changes receive notice as appropriate
WhatsApp may update the terms and provides notice of material changes as appropriate. Continued use accepts the changes; a user who disagrees must stop using the service by deleting the account.
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We may amend or update these Terms. We will provide you notice of material amendments to our Terms, as appropriate, and update the "Effective Date" at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.
Legal Rights & Agreement Rules · Procedure
US and Canadian arbitration has exclusions and opt-out rights
Covered US and Canadian disputes use individual arbitration with a court-trial waiver. Excluded disputes and eligible individual small claims are excepted, and users may timely opt out.
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EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES
You may opt out of this agreement to arbitrate.
your local “small claims” court
Legal Rights & Agreement Rules · Context
IP and unauthorized-interference disputes are excluded
IP enforcement/infringement and interference or unauthorized service use are Excluded Disputes. Privacy and publicity disputes are not excluded on that basis; other applicable exceptions and opt-out rights remain.
Supporting quotations
"Excluded Dispute" means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) or efforts to interfere with our Services or engage with our Services in unauthorized ways (for example, automated ways). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
Legal Rights & Agreement Rules · Procedure
Written notice precedes arbitration by 60 days
Before filing, send detailed written notice with name, residence, username, account email or phone, dispute and requested relief to Meta Platforms, Inc., ATTN: WhatsApp Arbitration Filing, 1 Meta Way, Menlo Park, CA 94025. Either side may arbitrate if unresolved 60 days after receipt.
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Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your (a) name; (b) residence address; (c) username; (d) email address or phone number you use for your WhatsApp account; (e) a detailed description of the dispute; and (f) the relief you seek. Any Notice of Dispute you send to us should be mailed to Meta Platforms, Inc., ATTN: WhatsApp Arbitration Filing, 1 Meta Way, Menlo Park, CA 94025. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provide, or other appropriate means. If we are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received, you or we may commence arbitration.
Legal Rights & Agreement Rules · Procedure
AAA rules govern arbitration process and fees
AAA administers through a single arbitrator under the stated rules. Those rules determine location and costs. A court decides the arbitration clause’s scope and enforceability.
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The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at [www.adr.org.](https://www.adr.org/) Issues relating to the scope and enforceability of the arbitration provision are for a court to decide. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
Legal Rights & Agreement Rules · User right or choice
Arbitration opt-out runs from the later applicable date
Mail written notice postmarked within 30 days of the later of first accepting the terms or becoming subject to arbitration. Address it to WhatsApp LLC, Arbitration Opt-Out, 1 Meta Way, Menlo Park, CA 94025, USA. Include your name, residence address, account mobile number and clear opt-out statement.
Supporting quotations
within 30 days of the later of: (a) the date that you first accepted our Terms; and (b) the date you became subject to this arbitration provision.
WhatsApp LLC
Arbitration Opt-Out
1 Meta Way,
Menlo Park, CA 94025
the mobile phone number associated with your account
Legal Rights & Agreement Rules · User right or choice
Small claims court individual litigation carveout
Users may bring individual claims in their local small claims court within jurisdictional limits as an alternative to arbitration.
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Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.
Qualifications & exceptions
Individual small claims court carveout
purpose: dispute_resolution
Legal Rights & Agreement Rules · Restriction or exception
US and Canadian class proceedings are waived
The parties waive class, consolidated and representative proceedings. If a final court ruling makes a particular dispute or requested remedy non-arbitrable under these limits, only that part proceeds in court; the rest remains subject to the provision.
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No Class Actions, Class Arbitrations, Or Representative Actions For Users Located In The United States Or Canada. We and you each agree that if you are a WhatsApp user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. If there is a final judicial determination that any particular Dispute (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that Dispute (or only that request for relief) may be brought in court. All other Disputes (or requests for relief) remain subject to this provision.
Legal Rights & Agreement Rules · Context
Separate terms and geographic service limits may apply
WhatsApp may designate separate terms for certain services, with separate consent where applicable. It may limit service in countries where operation would violate law or subject it to local regulation.
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governed by separate terms
limit our Services in any country or territory
Legal Rights & Agreement Rules · Context
English controls translations and nonwaivable rights remain
English controls conflicting translations and user-proposed changes or waivers need express consent. Failure to enforce is not waiver; invalid terms are narrowed or severed, subject to arbitration rules. Consumer rights that cannot be waived remain protected.