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Terms of Service
Last updated: January 12, 2026
These Terms of Service (“Terms”) govern access to and use of the Galantis platform and related services (the “Services”). Galantis is owned and operated by DigiFist BV (BE 0769.399.149), with its registered office at Zonnekinddreef 7, 2920 Kalmthout, Belgium (“DigiFist”, “we”, “us”, “our”).
“Galantis” includes the Galantis platform and any sub-brands, modules, applications, and related offerings, including (without limitation) “Galantis Connect”, “Galantis WhatsApp”, “Galantis Marketing”, and any future naming variants.
By creating an account, signing an order form/quotation, clicking acceptance, or otherwise using the Services, you agree to these Terms. If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “Customer” refers to that entity.
If you do not agree, do not use the Services.
1. DEFINITIONS
1.1 “Customer” means the legal entity or individual entering into these Terms with DigiFist.
1.2 “Authorized Users” means Customer’s employees, contractors, and agents permitted to use the Services under Customer’s account.
1.3 “End Recipients” means individuals whose personal data is processed via the Services, including individuals you message (e.g., your customers, leads, contacts).
1.4 “Customer Data” means data submitted to the Services by or on behalf of Customer, including contact lists, phone numbers, audience attributes, message content, templates, metadata, and campaign performance data.
1.5 “Documentation” means any user guides, technical documentation, onboarding materials, and policies we make available for the Services.
1.6 “Third-Party Services” means services not controlled by DigiFist that interoperate with the Services, including without limitation Meta / WhatsApp Business Platform and any integrations (CRM, e-commerce, analytics, etc.).
2. SCOPE; RELATIONSHIP TO OTHER TERMS
2.1 These Terms apply to Customer’s access to and use of the Services, and any quotations, order forms, statements of work, or subscriptions referencing Galantis (each an “Order”).
2.2 Customer purchase terms do not apply unless expressly accepted in writing by DigiFist.
2.3 If there is a conflict between an Order and these Terms, the Order will control for that conflict only.
3. FORMATION OF THE AGREEMENT
3.1 An agreement is concluded when Customer accepts a prepared quotation/order by signing it (digitally or physically), by written confirmation, by paying the first invoice/fee, or by requesting DigiFist to start work or provision access.
3.2 Unless stated otherwise, quotations are valid for 30 days.
4. DESCRIPTION OF THE SERVICES
4.1 Galantis is a platform that helps businesses manage and send communications (including marketing, utility, and service messages) through WhatsApp and related channels, manage templates, audiences, automations, and reporting, and connect to third-party tools.
4.2 The Services may include onboarding, configuration, support, and professional services as specified in an Order.
4.3 We may modify the Services over time, including adding or removing features, provided we do not materially reduce core functionality during an active paid term without a reasonable business justification.
5. WHATSAPP / META BUSINESS PLATFORM TERMS (CRITICAL)
5.1 Third-party platform. WhatsApp messaging functionality is provided through Meta’s WhatsApp Business Platform (or successor services). Meta and WhatsApp are Third-Party Services. DigiFist is not Meta/WhatsApp and does not control their platforms, policies, uptime, pricing, or decisions.
5.2 Customer compliance obligation. Customer must comply with:
(a) all applicable laws and regulations relating to messaging, privacy, and marketing (including consent/opt-in rules),
(b) all Meta/WhatsApp terms, policies, and requirements applicable to Customer’s use (including WhatsApp Business Platform policies, commerce/messaging policies, template requirements, and any restrictions on use cases),
(c) any Documentation we provide regarding compliant use.
5.3 Opt-in / lawful basis. Customer represents and warrants that it has a lawful basis to process End Recipients’ personal data and to send messages to End Recipients, including valid opt-in/consent where required, and that it will keep verifiable records of such opt-in where legally required.
5.4 Opt-out and “STOP”. Customer must honor opt-out requests promptly and in accordance with applicable law and platform policies. Customer must not attempt to circumvent opt-outs, blocks, or policy enforcement.
5.5 Prohibited messaging. Customer must not use the Services for:
(a) spam, scams, phishing, deceptive content, or unlawful marketing,
(b) harassment, hate, exploitation, or illegal content,
(c) collecting data unlawfully or without proper notices/permissions,
(d) any use case prohibited by Meta/WhatsApp policies.
5.6 Enforcement and suspension. If Meta/WhatsApp (or a regulator) requires suspension or restriction, or if we reasonably believe Customer is violating laws/policies, we may suspend or restrict Customer’s access immediately (in whole or part) to protect the Services, DigiFist, Meta/WhatsApp standing, or End Recipients. We will use reasonable efforts to notify Customer unless prohibited or impractical.
6. CUSTOMER RESPONSIBILITIES
6.1 Customer is responsible for:
(a) the activities of Authorized Users,
(b) the accuracy, quality, and legality of Customer Data,
(c) maintaining the confidentiality of account credentials,
(d) configuring the Services in compliance with law/policy (audiences, templates, flows, opt-in, opt-out),
(e) ensuring Customer’s systems and integrations do not introduce vulnerabilities.
6.2 Customer must provide timely cooperation, information, and input reasonably required to deliver the Services.
7. EFFORT COMMITMENT; NO GUARANTEED RESULTS
7.1 DigiFist obligations are effort obligations. Deadlines are indicative unless expressly agreed in writing as binding.
7.2 We do not guarantee business outcomes (e.g., conversions, revenue, deliverability, campaign performance), as these depend on factors outside DigiFist’s control (audience, content, policy decisions, WhatsApp delivery, market conditions, etc.).
8. ACCOUNT; ACCESS; SECURITY
8.1 Customer must provide accurate and complete information when creating an account and keep it up to date.
8.2 Customer must implement reasonable security measures (strong passwords, role-based access, prompt removal of former staff access).
8.3 DigiFist may implement technical limits (rate limits, API limits, fair-use constraints) to protect the Services.
9. THIRD-PARTY SERVICES AND INTEGRATIONS
9.1 If Customer enables Third-Party Services, Customer authorizes DigiFist to exchange Customer Data with such Third-Party Services as necessary to provide the integration.
9.2 DigiFist is not responsible for Third-Party Services, including their availability, errors, policy changes, or security practices. Customer’s use of Third-Party Services is governed by the third party’s terms.
10. FEES; BILLING; PAYMENTS
10.1 Fees are specified in the applicable Order, price list, or subscription plan.
10.2 Unless otherwise stated, invoices are payable within 10 days of invoice date.
10.3 Invoices may be delivered electronically. Invoices may be contested only within 14 calendar days after invoice date by email to billing@digifist.com (or a successor billing contact we provide).
10.4 Late payment may result in interest and a fixed compensation as permitted by applicable law and/or as specified in the Order.
10.5 Third-party costs. If DigiFist engages third parties (including Meta/WhatsApp and other providers) for execution of the Services, costs charged by these third parties are payable by Customer as set out in the Order and/or applicable price terms. DigiFist may require advance payment for such costs.
10.6 Suspension for non-payment. DigiFist may suspend Services if payment is overdue, and may terminate if a payment delay exceeds 60 days, unless prohibited by law or otherwise agreed in writing.
11. TERM AND TERMINATION
11.1 Term. Unless otherwise agreed in an Order, each agreement has an initial term of one (1) year and is tacitly renewed annually.
11.2 Notice. Unless otherwise agreed, termination requires notice at least three (3) months before the end of the then-current term.
11.3 Bankruptcy. The agreement terminates by operation of law in the event of bankruptcy of one of the parties, without prejudice to payment obligations for Services already performed.
11.4 Termination for cause. Either party may terminate for material breach if not cured within a reasonable period after written notice (unless the breach is not curable).
11.5 Effect of termination. Upon termination/expiration:
(a) Customer’s right to use the Services ends,
(b) outstanding fees become immediately due,
(c) each party will return or delete Confidential Information as required, subject to lawful retention,
(d) Customer may request export/return of Customer Data where technically feasible and subject to applicable fees and legal constraints.
12. INTELLECTUAL PROPERTY
12.1 Customer IP. All rights to works and materials developed by Customer remain Customer’s property.
12.2 DigiFist IP. All rights to the Services, platform, software, Documentation, and any works developed by DigiFist remain DigiFist’s property.
12.3 License to Customer. DigiFist grants Customer a non-exclusive, non-transferable right to use the Services during the term, solely for Customer’s internal business purposes and in accordance with these Terms.
12.4 Feedback. If Customer provides suggestions or feedback, DigiFist may use it without restriction or obligation.
13. CONFIDENTIALITY
13.1 Each party may receive Confidential Information from the other. The receiving party will keep it confidential and use it only to perform under these Terms.
13.2 Confidential Information does not include information that is publicly known without breach, independently developed, or rightfully obtained from a third party.
13.3 This section survives termination.
14. DATA PROTECTION
14.1 Roles. For Customer account/admin data, DigiFist is typically the controller. For Customer Data relating to End Recipients (e.g., Customer contact lists and message content), Customer is typically the controller and DigiFist acts as processor, processing such data only on Customer’s documented instructions as required to provide the Services.
14.2 Customer obligations. Customer is responsible for:
(a) providing required notices to End Recipients,
(b) collecting and maintaining valid consent/opt-in where required,
(c) responding to End Recipient rights requests as controller,
(d) ensuring the content and targeting of messages are lawful.
14.3 DigiFist obligations. DigiFist will implement appropriate technical and organizational measures to protect personal data and will assist Customer as reasonably required for processor obligations under applicable data protection law.
14.4 Data Processing Addendum. If DigiFist makes a Data Processing Addendum (“DPA”) available for the Services, it is incorporated by reference and applies to the processing of personal data as a processor.
15. LIABILITY
15.1 Partner services. For certain services DigiFist may cooperate with specialized partners (e.g., hosting, messaging providers). DigiFist is not responsible for errors or unavailability caused by such third parties.
15.2 External systems. If DigiFist links to systems managed by Customer or third parties, DigiFist is not responsible for unavailability or errors directly or indirectly caused by such external systems.
15.3 Indemnity by Customer. Customer must respect applicable legal provisions and contractual obligations and will indemnify and hold DigiFist harmless from direct and indirect damage, costs, and third-party claims arising from Customer’s use of the Services, Customer Data, message content, unlawful messaging practices, or violations of law/policy (including Meta/WhatsApp policies). This indemnity survives termination.
15.4 Acceptance (professional services/software work). Where DigiFist delivers development or configuration work for Customer, it may be deemed provisionally delivered when offered for testing and becomes final without written counter-notification within six (6) weeks, after which additional changes may be billable.
15.5 Limitation. DigiFist can only be held liable for proven direct damages as a direct result of DigiFist’s willful error (or to the extent liability cannot be excluded under applicable law).
15.6 Exclusion of indirect damage. DigiFist is not liable for indirect damages such as loss of turnover/profit, loss of customers, reputational harm, data loss, etc.
15.7 Cap. In any case, DigiFist’s total liability is limited (at DigiFist’s discretion) to either re-performance of the Services or an amount equal to the invoice amounts of the last three (3) months, and will never exceed applicable insurance coverage limits, where applicable.
15.8 Time bar. Legal claims against DigiFist lapse three (3) months after the claim has arisen, to the extent permitted by law.
16. FORCE MAJEURE
16.1 DigiFist is not liable if prevented from executing the agreement due to force majeure or circumstances beyond its control, including social conflicts, electricity/telecom outages, hosting/provider outages, and unavailability of social media or messaging platforms.
16.2 Customer acknowledges that flawless operation of software and complex configurations cannot be guaranteed and that incidents (including malicious intent such as hacking/DoS) may lead to loss of programs and/or data. Customer must take appropriate precautions (backups, security measures, insurance if desired).
17. NON-SOLICITATION; NON-EXCLUSION
17.1 DigiFist is free to provide services to Customer’s competitors.
17.2 Customer must refrain from recruiting DigiFist employees during the agreement and for a reasonable period thereafter as specified in an Order or, if not specified, in line with applicable law. Breach may lead to fixed compensation as permitted.
18. PROMOTION / COMMUNICATION
18.1 DigiFist may reference the cooperation with Customer (e.g., as a client logo/case) unless Customer objects in writing for legitimate reasons (confidentiality, legal restrictions, etc.). Any case study content will be subject to Customer approval where it contains non-public information.
19. GOVERNING LAW AND JURISDICTION
19.1 Unless otherwise agreed in writing, these Terms and any disputes are governed by Belgian law.
19.2 The courts competent for Antwerp, Belgium shall have exclusive jurisdiction, unless mandatory law provides otherwise.
20. CHANGES TO THESE TERMS
20.1 We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., via the Services or email). Continued use after the effective date means acceptance.
21. CONTACT
Questions about these Terms can be submitted via the contact form on our website or other support channels we provide within the Services.
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