Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "User", or "you") and WapiTech Technologies Private Limited ("WapiTech", "Company", "we", "our", or "us"), a company incorporated under the laws of India.

By registering for, accessing, or using WapiTech's WhatsApp Business API platform and related services (the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at wapitech.in/privacy-policy).

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority or do not agree to these Terms, you must not access or use the Services.

These Terms are effective as of January 1, 2025.

WapiTech provides a Software-as-a-Service (SaaS) platform that enables businesses to: - Send bulk WhatsApp messages via the WhatsApp Business API. - Create and manage automated chatbots and conversation flows. - Manage customer contacts, segments, and opt-in lists. - Create and submit WhatsApp message templates for Meta's approval. - Access a multi-agent team inbox for managing customer conversations. - View analytics and reporting on message delivery, read rates, and campaign performance. - Access our platform via API for custom integrations.

WapiTech is an authorized WhatsApp Business Solution Provider (BSP) and Meta Tech Provider. Our Services are provided "as a platform" — we provide the infrastructure and tools; the content and messaging strategy remain entirely under your control and responsibility.

The Services require a valid WhatsApp Business Account registered with Meta Platforms Inc. and compliance with Meta's WhatsApp Business Policy and applicable laws.

3.1 Registration Requirements To use the Services, you must create an account and provide accurate, complete, and current information about yourself and your business, including a valid email address, phone number, and business details. You agree to update your information promptly if it changes.

3.2 Account Security You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: - Use a strong, unique password for your WapiTech account. - Not share your account credentials with any third party. - Immediately notify us at support@wapitech.in of any unauthorized access to or use of your account. - Log out of your account at the end of each session on shared devices.

3.3 Account Eligibility You must be at least 18 years of age and a duly registered business entity or an individual authorized to conduct business to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3.4 Business Verification To access certain features (including sending marketing messages), your WhatsApp Business Account must be verified by Meta. WapiTech will guide you through this process, but approval is at Meta's sole discretion. We cannot guarantee that Meta will approve your business for the WhatsApp Business API.

4.1 General Obligations You agree to: - Use the Services only for lawful business purposes in compliance with all applicable laws and regulations. - Maintain accurate records of user consent for WhatsApp messaging. - Promptly process and honor opt-out requests from your customers. - Maintain a clean, opt-in-only contact list and remove unsubscribed contacts immediately. - Not exceed the message limits specified in your subscription plan. - Comply with all applicable Indian laws including the Information Technology Act, 2000, Consumer Protection Act, and TRAI regulations.

4.2 Prohibited Uses You must NOT use the Services to: - Send unsolicited messages (spam) to individuals who have not expressly opted in to receive WhatsApp messages from your business. - Send messages that are deceptive, fraudulent, abusive, harassing, or threatening. - Transmit illegal, obscene, defamatory, or objectionable content. - Violate any individual's privacy rights or transmit others' personal data without authorization. - Impersonate any person or entity or misrepresent your affiliation with any person or entity. - Distribute malware, phishing links, or any harmful code. - Use the platform for pyramid schemes, multi-level marketing, or other predatory practices. - Attempt to gain unauthorized access to any part of the Services or other users' accounts. - Circumvent or attempt to circumvent any rate limits, messaging restrictions, or technical measures. - Resell or sublicense access to the Services without our express written consent.

4.3 WhatsApp Policy Compliance You explicitly agree to comply with WhatsApp's Business Policy (available at whatsapp.com/legal/business-policy), Meta's Platform Terms, and all WhatsApp usage guidelines. Violation of WhatsApp's policies may result in immediate suspension of your WhatsApp Business Account by Meta, for which WapiTech bears no liability.

5.1 Opt-In Requirement You MUST obtain explicit, informed consent from every individual before sending them WhatsApp messages through our platform. Consent must be obtained through a clear opt-in mechanism (e.g., a website form, SMS opt-in, or in-store sign-up). Pre-ticked boxes and implied consent are not acceptable.

5.2 Message Types WhatsApp Business API supports different message types with specific requirements: - Marketing Messages: Require prior opt-in and must use approved message templates. These include promotional offers, product launches, and re-engagement messages. - Utility Messages: Transaction-related messages like order confirmations, appointment reminders, and payment receipts. Still require appropriate consent. - Authentication Messages: One-time passwords (OTPs) and verification codes. - Service (Session) Messages: Conversational messages within a 24-hour customer service window initiated by the customer.

5.3 Template Approval All marketing and utility messages must use pre-approved templates. WapiTech will submit your templates to Meta for approval on your behalf. Meta may reject templates that violate their policies. Approved templates must be used exactly as approved — unauthorized modifications are prohibited.

5.4 Messaging Frequency You agree not to send excessive or repetitive messages that may be perceived as spam. As a general guideline, we recommend limiting marketing messages to no more than 2–4 per month per customer unless customers have explicitly requested more frequent communication.

5.5 Opt-Out Compliance You must provide a clear and easy way for customers to opt out of receiving messages (e.g., "Reply STOP to unsubscribe"). You must honor all opt-out requests within 24 hours and permanently remove opted-out numbers from your active contact lists.

6.1 Subscription Fees WapiTech offers subscription plans as described on our pricing page (wapitech.in/pricing). By selecting a plan, you agree to pay the applicable subscription fees. All prices are in Indian Rupees (INR) and are exclusive of applicable taxes (GST).

6.2 Billing Cycle - Monthly plans are billed on the same day each month. - Annual plans are billed in advance for the full year. - Billing begins on the date you start your paid subscription.

6.3 Meta Conversation Charges In addition to WapiTech platform fees, Meta charges per-conversation fees for WhatsApp Business API usage. These Meta charges are: - Separate from WapiTech's subscription fees. - Based on conversation type (marketing, utility, authentication) and the recipient's country. - Added to your monthly invoice with full transparency. - Subject to change by Meta with reasonable notice.

6.4 Payment Methods We accept payments via credit/debit cards, UPI, net banking, and bank transfers through our payment processor (Razorpay). All payment information is processed securely and is not stored on WapiTech's servers.

6.5 Late Payment Failure to pay fees when due may result in suspension of your account. We will notify you of overdue payments and provide a 7-day grace period before suspension.

6.6 Taxes You are responsible for all taxes, duties, and levies imposed by governmental authorities on the Services, including GST. WapiTech will issue GST-compliant invoices for all transactions.

7.1 Free Trial WapiTech offers a 7-day free trial for Starter and Growth plans. No payment is required during the trial period.

7.2 Subscription Refunds - Monthly subscriptions are non-refundable once the billing period has commenced. - Annual subscriptions may be refunded on a pro-rata basis within the first 30 days of the subscription term. After 30 days, annual subscriptions are non-refundable. - If WapiTech terminates your account for reasons other than your breach of these Terms or WhatsApp's policies, you will receive a pro-rata refund for the unused portion of your subscription.

7.3 Meta Conversation Charges Meta conversation charges are non-refundable as these are charged by Meta and passed through to you.

7.4 Refund Process To request a refund, contact support@wapitech.in within the eligible refund period. Approved refunds will be processed within 7–10 business days to the original payment method.

7.5 Exceptions We will not provide refunds for: - Violations of these Terms or WhatsApp's Business Policy that result in account suspension. - User error or misconfiguration leading to unintended message sends. - Downtime or service interruptions caused by Meta or third-party providers.

8.1 WapiTech IP All rights, title, and interest in and to the Services, including all software, technology, algorithms, interfaces, designs, documentation, and other content, are owned by WapiTech or its licensors. These Terms do not grant you any right to use WapiTech's trademarks, logos, or branding without prior written consent.

8.2 Your Content You retain all rights to content you create, upload, or transmit through the Services (message templates, contact data, campaign content). By using the Services, you grant WapiTech a limited, non-exclusive license to use your content solely to provide the Services to you.

8.3 Feedback If you provide WapiTech with feedback, suggestions, or ideas about the Services, you grant WapiTech an irrevocable, royalty-free right to use such feedback for any purpose without compensation to you.

9.1 Disclaimer of Warranties THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAPITECH DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WAPITECH DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) MESSAGES SENT THROUGH OUR PLATFORM WILL BE DELIVERED; OR (D) THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAPITECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.

IN NO EVENT SHALL WAPITECH'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO WAPITECH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ₹10,000 INR.

9.3 Force Majeure WapiTech shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, wars, government actions, internet outages, or actions or policies of Meta Platforms Inc. that affect the WhatsApp Business API.

9.4 Meta Dependency You acknowledge that our Services are dependent on Meta's WhatsApp Business API. Meta may at any time change, restrict, or discontinue the WhatsApp Business API, which may affect our Services. WapiTech is not liable for any losses arising from Meta's actions, policy changes, or API modifications.

You agree to indemnify, defend, and hold harmless WapiTech, its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: - Your breach of these Terms. - Your violation of any law, regulation, or third-party rights. - Your use of the Services, including the content of messages you send. - Your violation of WhatsApp's Business Policy or Meta's Platform Terms. - Any claim that your use of the Services caused damage to a third party.

11.1 Termination by You You may terminate your account at any time by contacting support@wapitech.in or through your account settings. Termination does not entitle you to a refund of fees already paid.

11.2 Termination by WapiTech We may suspend or terminate your access to the Services immediately, without prior notice, if: - You violate these Terms or WhatsApp's Business Policy. - Your WhatsApp Business Account is suspended or banned by Meta. - We reasonably believe your use of the Services may harm WapiTech, our users, or third parties. - You fail to pay fees when due after the grace period. - Required by law or by Meta.

11.3 Effect of Termination Upon termination: (a) all licenses granted to you under these Terms will immediately terminate; (b) you must immediately cease using the Services; (c) WapiTech will delete or return your data in accordance with our Privacy Policy; (d) provisions that by their nature should survive termination will continue to apply.

12.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

12.2 Jurisdiction Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

12.3 Dispute Resolution Process Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days. Either party may escalate to formal arbitration or litigation if no resolution is reached.

12.4 Arbitration For disputes involving amounts less than ₹5,00,000 (Indian Rupees Five Lakhs), the parties agree to submit the dispute to binding arbitration under the Arbitration and Conciliation Act, 1996, with a single arbitrator appointed by mutual agreement. The arbitration shall be conducted in English in Mumbai.

WapiTech reserves the right to modify these Terms at any time. We will notify you of material changes by: - Posting the updated Terms on our website with a new effective date. - Sending an email notification to your registered email address. - Displaying a prominent notice in the platform dashboard.

Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

14.1 Entire Agreement These Terms, together with our Privacy Policy, constitute the entire agreement between you and WapiTech regarding the Services and supersede all prior agreements, understandings, negotiations, and discussions.

14.2 Severability If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver The failure of WapiTech to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment You may not assign or transfer your rights or obligations under these Terms without WapiTech's prior written consent. WapiTech may assign its rights and obligations without restriction.

14.5 Contact For questions about these Terms, please contact us:

WapiTech Technologies Private Limited Mumbai, Maharashtra, India — 400001 Email: legal@wapitech.in Phone: +91 XXXXXXXXXX