Terms of Service

The agreement

These terms are between you - the business using the service - and WAPGROWAI, trading as WAPGROWAI. By creating an account or using the service, you accept them. If you are accepting on behalf of a company, you confirm you are authorised to bind it.

What we provide

• Access to the WhatsApp Business Platform as an official Meta Business Solution Provider.
• The WAPGROWAI application - shared inbox, automation builder, campaigns, analytics, and integrations.
• Onboarding support, including business verification and, where applicable, assistance with display name and Official Business Account applications.
• Support at the level set out in your plan.

Your account

1. 1You must give accurate registration information and keep it current.
2. 2You are responsible for everything that happens under your account, including the actions of your team members.
3. 3Keep credentials secure. Tell us promptly if you believe an account has been compromised.
4. 4You must be legally able to enter into this agreement, and not barred from receiving the service under any applicable law or sanctions regime.

Messaging rules you must follow

This is the section that matters most, because breaking it can get your number restricted by Meta - something we cannot reverse.

• Opt-in. You may only message people who have given you clear, informed consent to be contacted on WhatsApp. You must be able to evidence when and how they gave it.
• Opt-out. You must honour opt-out requests promptly, however they are phrased, and stop messaging that contact.
• Meta's policies. You must comply with the WhatsApp Business Messaging Policy and Commerce Policy. They form part of these terms by reference and they change from time to time.
• No purchased lists. Uploading contacts who did not consent is a material breach and will result in suspension.
• Accurate identity. Do not misrepresent who you are or impersonate another business.
• Lawful content. No content that is unlawful, deceptive, harassing, or that infringes someone else's rights.

Fees and payment

1. 1Subscription fees are charged in advance, per the plan you select.
2. 2Conversation charges set by Meta are passed through and billed in arrears, based on conversations initiated in the billing period.
3. 3All fees exclude taxes unless stated. You are responsible for any applicable sales tax, VAT, or GST.
4. 4Late payment may result in suspension after we have given you notice and a reasonable period to pay.
5. 5Fees are non-refundable except where required by law or expressly stated in your plan.

We will give you at least 7 Days notice before increasing subscription fees. Meta's conversation rates are outside our control and may change on their schedule, not ours.

Data

You own your data - your contacts, your conversations, your content. You grant us the limited licence needed to host, process, and transmit it in order to provide the service.

We process personal data on your behalf under the Data Processing Addendum, which forms part of these terms. Our own handling of your account data is described in the Privacy Policy.

You are responsible for the lawfulness of the data you upload, including having a lawful basis for messaging the contacts in it.

Availability and support

We aim for [UPTIME TARGET] availability, measured monthly and excluding planned maintenance, which we will announce in advance where practicable.

The service depends on the WhatsApp Business Platform. If Meta's systems are degraded or unavailable, the service will be too, and that is outside our control.

Suspension

We may suspend access, with notice where we reasonably can and immediately where we cannot, if:

• You materially breach these terms, in particular the messaging rules.
• Your use threatens the security or stability of the platform, or the deliverability of other customers.
• Meta requires it, or restricts your account at the platform level.
• Payment is overdue after notice.
• We are required to by law.

Term and termination

1. 1Either party may terminate for convenience at the end of the then-current subscription period, with 7 Days notice.
2. 2Either party may terminate immediately for material breach that is not remedied within 7 Days of written notice.
3. 3On termination, your access ends and we will make your data available for export for India, after which we delete it.

Intellectual property

We own the service, the software, and everything in it except your data. You own your data and your content. Neither party gains rights in the other's intellectual property beyond the licences expressly granted here.

If you give us feedback, we may use it to improve the product without obligation to you. We will never publish your name as a customer without your permission.

Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care. Beyond that, and to the extent the law permits, the service is provided as-is: we do not warrant that it will be uninterrupted, error-free, or that it will produce any particular commercial result.

In particular, we do not warrant any specific deliverability, open rate, conversion rate, message volume, or approval outcome from Meta.

Liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill, or anticipated savings. Each party's total liability in any twelve-month period is limited to the fees you paid in that period.

Changes to these terms

We may update these terms. Material changes will be notified at least 7 Days before they take effect. If you do not accept them, you may terminate before they apply.

Governing law

These terms are governed by the laws of Indian Government laws, and the courts of District Court have exclusive jurisdiction, without prejudice to any mandatory consumer protections in your country of residence.