Terms of Use

ARTICLE 1 – Purpose of these Terms of Use

These General Terms of Use (“GTU”) govern access to and use of the formlyy.com website (and its subdomains) as well as the Formlyy software-as-a-service (hereinafter the “Service”), published and operated by the company WHATALEAD. By using our services, you unreservedly accept these GTU. If you do not agree with these terms, please stop using our services immediately.

ARTICLE 2 – Acceptance of the Terms

By accessing the website and using the Service, you acknowledge that you fully accept these GTU as well as our Privacy Policy. The use of certain features may require you to accept additional terms which, where applicable, shall supplement these GTU.

ARTICLE 3 – Description of the Formlyy Service

Formlyy is a SaaS solution that allows you to integrate a WhatsApp button on the Client’s website in order to collect prospects’ (“leads”) phone numbers. When a prospect starts a conversation on WhatsApp, a sales AI interacts with them, qualifies the lead according to predefined criteria and can schedule a sales appointment for the Client.

Main features:

• Collecting contact details via a WhatsApp button on the Client’s website,
• Automated qualification by AI according to defined criteria,
• Automatic scheduling of appointments,
• Third-party integrations (Google, Meta, OpenAI, Google Calendar for appointment syncing, marketing platforms and CRM).

Definition of a “lead”: a lead corresponds to a 24-hour WhatsApp conversation window starting from the prospect’s first message. Once this 24-hour period has elapsed, any new interaction is considered an additional lead.

The website and/or the Service may be temporarily interrupted by the Publisher (maintenance, updates, technical incident) without prior notice.

ARTICLE 4 – Creation and Management of User Account

Access to certain features requires the creation of an account. You are responsible for keeping your login credentials (username and password) confidential and for all actions carried out via your Formlyy account, your Facebook account and your linked WhatsApp Business account. In the event of suspected fraudulent or unauthorized use, you must inform us immediately.

ARTICLE 5 – Personal Data and Confidentiality

Your use of Formlyy is governed by our Privacy Policy as well as our Data Processing Agreement (DPA). By using our services, you consent to the collection, processing and use of your personal data in accordance with these documents. With respect to prospects’ data, WHATALEAD acts as a processor and the Client as a controller within the meaning of the GDPR.

ARTICLE 6 – Consent for the Transmission of Lead Data

The Client acknowledges that it is solely responsible for the lawfulness of the initial collection of prospect data on its forms, landing pages, lead generation ads, qualification funnels and any other collection points connected to Formlyy.

• Obtain the lead’s prior consent (including explicit consent to being contacted again by email, phone and WhatsApp where those channels are used) before transmitting their phone number and/or other contact details via Formlyy.
• Ensure that any database or contact list provided complies with applicable legislation (GDPR, French law, etc.). In the event of non-compliance, the Client assumes full responsibility for any consequences (legal, financial, etc.).
• Display clear information on its forms or in its privacy policy stating that the data may be used to contact the prospect again, qualify their needs and propose an appointment.
• Inform the prospect that certain information may be processed automatically, including through a virtual assistant, in order to qualify the request and facilitate appointment booking.
• Provide an easy way for the prospect to stop being contacted, ideally by redirecting them to https://agent.formlyy.com/prospect-access, and comply with consent withdrawal, objection or deletion requests whenever required by applicable law.

Recommended wording: “I agree to be contacted again by [Company name] by email, phone and WhatsApp to process my request, qualify my needs and, where relevant, offer me an appointment. The information submitted may be processed automatically (e.g. via a virtual assistant) in order to qualify your request and facilitate appointment booking. I may withdraw my consent at any time.”

ARTICLE 7 – Lead Qualification by AI (limitations)

Lead qualification is based on algorithms and predefined data. If there is a mismatch between automated qualification and the Client’s own criteria, WHATALEAD cannot be held liable. The AI may have technical limitations and does not guarantee commercial results.

ARTICLE 8 – Intellectual Property

All content, graphic elements, software, interfaces and other materials available on Formlyy are the exclusive property of WHATALEAD or its licensors. Any unauthorized reproduction, distribution or use is strictly prohibited.

ARTICLE 9 – Limitation of Liability

• WHATALEAD shall not be held liable for any indirect, incidental, special, consequential or punitive damages arising from the use of, or inability to use, the Service.
• WHATALEAD shall not be liable for any error or inaccuracy in the qualification of leads performed by the AI.
• Interruptions, viruses, delays or failures affecting the availability or operation of the Service.
• Access to and use of Google Calendar: by authorizing access to your calendar for appointment scheduling, you acknowledge and agree that WHATALEAD cannot be held liable for any errors, omissions or malfunctions of the AI in managing your calendar. It is your responsibility to verify and validate the accuracy of scheduled appointments.

ARTICLE 10 – Governing Law and Jurisdiction

These GTU are governed by the laws of the European Union and French law. Any dispute relating to the interpretation or performance of these terms shall be subject to the exclusive jurisdiction of the courts of the registered office of WHATALEAD, unless mandatory legal provisions provide otherwise.

ARTICLE 11 – Changes to the Terms of Use

WHATALEAD reserves the right to modify these GTU at any time in order to reflect changes in its services or legal requirements. In the event of a material change, users may be informed by email or via a notice published on the platform. The most recent version will always be available on our website.

ARTICLE 12 – Contact

For any questions or complaints relating to these GTU, you can contact us at: