Terms and Conditions

Please read these terms carefully. They are a binding agreement between You and Us, and they govern Your use of Wbotz.

Who this agreement is with

Wbotz is a WhatsApp Business API platform owned and operated by ByteWeb IT Solutions Private Limited, a company incorporated in India with its registered office in Vadodara, Gujarat, India. In these Terms, Wbotz, We, Us and Our all mean that company, and the agreement You are entering into is with it. The platform is available through wbotz.com and app.wbotz.com (the Platform) and through Our Android and iOS applications.

These Terms and Conditions (the Terms) apply between Us and any person or organisation that accesses the Platform or uses the services provided through it (You, Your or the Customer), together with everything We supply through it (the Services).

This is an electronic record under the Information Technology Act, 2000 and the rules made under it. It is generated by a computer system and needs no physical or digital signature.

Accepting these Terms

You accept these Terms when You create an account, click to accept them, or use the Services, whichever happens first. If You do not accept them, do not use the Platform.

Wbotz is sold to businesses. The Services are for organisations, companies and other legal persons acting in the course of a business or profession. They are not offered to consumers acting outside a trade, business, craft or profession.

You must be at least 18 years old. If You are accepting these Terms as an employee, officer, agent or contractor of an organisation, You confirm that You are authorised to bind that organisation, and these Terms bind it.

Your use of the Services is also governed by Our privacy policy, Our cookie policy and Our refund and cancellation policy, each of which forms part of these Terms. Where they conflict with these Terms on the subject they cover, they take precedence. Where a signed order form or master services agreement conflicts with any of them, the signed document takes precedence.

You agree that notices, disclosures and other communications We send You electronically satisfy any requirement that they be in writing.

Changes to these Terms

We may update these Terms. We will post the updated version here, change the date at the top, and, where the change materially reduces Your rights or increases Your obligations, tell You by email or in the product at least 30 days before it takes effect. Continuing to use the Services after that date means You accept the change. If You do not accept it, You may cancel under the refund and cancellation policy before it takes effect, and We will refund the unused part of any period You have already paid for.

What Wbotz does

Wbotz is cloud software that brings a business's customer conversations into one place using the WhatsApp Business Platform. Subject to these Terms and to Your subscription plan, the Services include:

• Shared team inbox, so more than one agent can answer from the same WhatsApp number, with assignment and internal notes that Your customers never see.
• Chatbots and automation, to answer common questions and route conversations without a person.
• Broadcasts and campaigns, sent to contacts who have opted in.
• Message templates, which You create and Meta reviews and approves before use.
• Contact management and a CRM, holding the contacts You upload or collect.
• Integrations and APIs, to connect Wbotz to the other systems You run.

The Services are for business use by the organisation named on the account. They are not for personal or household use. You are responsible for the internet connection and equipment You need to use them.

Dependence on Meta and the WhatsApp Business Platform

Wbotz is delivered through the WhatsApp Business Platform operated by Meta. This has consequences You should understand before You buy.

• Your use of WhatsApp through Wbotz is also governed by Meta's WhatsApp Business Messaging Policy, Commerce Policy and the WhatsApp Business Terms. You must comply with them, and they may change without notice to You or to Us.
• Meta decides whether to approve a phone number, a business verification or a message template, and may reject or revoke any of them at its discretion. We can assist with the process. We cannot guarantee its outcome.
• Meta sets messaging limits and quality ratings, and may restrict, suspend or terminate a WhatsApp Business Account that attracts negative feedback or breaches its policies. If Meta does that, We cannot reverse it, and the Services may be interrupted or stop working for You through no act of Ours.
• Meta gives no way to know when a WhatsApp user has blocked You, and no list of users who have.
• A change Meta makes to the WhatsApp Business Platform may affect, degrade or prevent delivery of the Services. We have no control over its technical configuration or availability.
• Once a number is registered on the WhatsApp Business Platform through Us, it cannot be used at the same time on the WhatsApp Business app, the consumer WhatsApp app, or another provider's platform.

You are responsible for any consequence of breaching Meta's policies, including suspension of Your account and any charge that results. We accept no liability for it.

Signing up

1. Start a 14 day free trial or request a demo at app.wbotz.com, giving Your work email and an active mobile number.
2. Give Us the details We need to apply for a WhatsApp Business Account on Your behalf. These include Your legal name, registered address, business category, website, the phone number You want to use, and documents Meta requires for business verification.
3. We submit the application to Meta. Meta reviews it and approves or rejects the number and the business.
4. On approval, You complete registration and receive Your login credentials.

Everything You tell Us at sign up (Registration Data) must be true, complete, current and not misleading, and You must keep it up to date. If it is not, We may suspend or terminate the account.

Your account

You agree to:

• keep Your login credentials confidential and not share them with anyone outside Your organisation who is not an authorised user;
• not use another person's name or email without their authority;
• not use an offensive or misleading profile name or email;
• tell Us immediately at [email protected] if You suspect a breach of security or unauthorised access;
• remain responsible for everything done through Your account, whether or not You authorised it, until You have told Us of a breach.

If We reasonably believe an account is being used in a way these Terms do not permit, We may suspend access on notice to You until it is resolved.

Your data and Your contacts

Everything You and Your customers put into Wbotz, including contact records, messages, media, templates and campaign lists (Customer Data), belongs to You. We claim no ownership of it.

For Customer Data We act on Your instruction. You are the Data Fiduciary under the Digital Personal Data Protection Act, 2023 and the controller under the GDPR where it applies. We are Your Data Processor. We use Customer Data to deliver the Services, to support You, and for nothing else. We do not sell it, and We do not use it to train generalised artificial intelligence models.

You confirm and warrant that:

• You have a lawful basis, and where the law requires it the consent of each contact, to hold their details and to message them;
• every contact You message on WhatsApp has opted in to receive messages from You, in the manner Meta's policies require, and You can produce evidence of that opt in;
• You honour opt out requests promptly and stop messaging a contact who asks You to;
• You will not upload purchased, scraped or rented contact lists;
• Your own privacy notice tells Your contacts that a service provider processes their data on Your behalf.

Breaching this clause is the fastest way to lose a WhatsApp Business Account, and it is the clause We will point to if a complaint reaches Us. You indemnify Us for claims arising from Customer Data or from messages You send.

Export Your data before You cancel. What happens to it after cancellation is set out in the refund and cancellation policy and the privacy policy.

Acceptable use

You must not use the Platform or the Services to send, store or share anything that:

• belongs to someone else and that You have no right to;
• is defamatory, obscene, pornographic, paedophilic, invasive of another person's privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, or racially or ethnically objectionable;
• relates to or encourages money laundering or gambling, or is otherwise contrary to any law in force;
• is harmful to a child;
• infringes a patent, trademark, copyright or other proprietary right;
• misleads the recipient about the origin of a message, or knowingly communicates information that is false or misleading but could be taken as fact;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, its friendly relations with foreign States, or public order, or incites a cognisable offence or obstructs the investigation of one;
• contains a virus or any code designed to interrupt, destroy or limit the functioning of any computer resource;
• is published to mislead or harass a person, entity or agency for financial gain or to cause injury.

You must not:

• send unsolicited marketing, or message anyone who has not opted in;
• interfere with or disrupt the Platform, its servers or the networks connected to it, or attempt to gain unauthorised access to any of them;
• copy, modify, adapt, translate, reverse engineer, decompile or create derivative works from the Services, or try to derive their source code;
• resell, sublicense, rent or lease the Services, or make them available to anyone outside Your organisation, unless You are an authorised Wbotz partner under a separate agreement;
• use robots, scrapers or data mining tools on the Platform, or systematically extract its content;
• benchmark or publish performance data about the Services without Our written consent;
• use the Services in a way that breaches any applicable law, including exchange control, securities and telecom regulation;
• use another user's account, or create a false identity.

You are solely responsible for what You send through the Platform. Message content is transmitted through Meta's infrastructure and is encrypted in transit.

Fees, taxes and payment

Subscription plans and their fees are published on the pricing page. You pay the fee for the plan You choose (the Subscription Fee) annually in advance, within 7 days of the invoice date. Prices are quoted per month for comparison, and the whole year is billed as one invoice. We do not offer a monthly billing option.

Meta's message charges are passed through at cost. Meta charges for conversations and template messages under its own published pricing. We invoice those charges to You monthly, at what Meta charges Us, with no markup added. Meta sets those rates and may change them, and a change takes effect for You when it takes effect for Us.

Fees are exclusive of GST and of any other tax, levy, duty or governmental assessment. You pay those in addition, and We itemise them on the invoice where We are required to collect them. If You are required to withhold tax, You gross up the payment so that We receive the full invoiced amount.

Subscriptions renew automatically for a further year unless cancelled before the renewal date. We remind You before each renewal. To cancel, follow the refund and cancellation policy, which also sets out when a refund is due.

If an undisputed invoice is more than 30 days overdue, We may suspend Your access after written notice, until it is paid. Suspension does not stop the Subscription Fee accruing. We may charge interest on overdue amounts at 1.5 per cent per month or the maximum the law allows, whichever is lower.

You may upgrade at any time. The upgrade takes effect immediately and is charged pro rata for the remainder of the year already paid for. A downgrade takes effect at the next annual renewal, not during a year in progress, and may cost You features, capacity or stored data. We are not liable for what a downgrade removes.

Payments are taken through Razorpay and Stripe. We accept domestic and international Visa, Mastercard and American Express cards, debit cards, net banking and UPI. We do not store Your card details.

Free trial

The 14 day trial is provided so You can evaluate the Services. It is given without warranty of any kind, may be changed or withdrawn at any time, and may be limited in features or volume. Meta's message charges apply during the trial if You send messages. If You do not subscribe by the end of the trial, the account is closed and the data in it is deleted after the period set out in the privacy policy.

Suspension and termination

We may suspend or close Your account if:

• You breach these Terms, Our policies, or Meta's WhatsApp policies;
• an undisputed invoice remains unpaid after notice;
• activity on the account risks harm to Us, to the Platform, to other users or to a third party;
• We are required to by law, by a court, or by Meta;
• the account is used for conduct We reasonably consider unlawful or abusive.

Where the circumstances allow, We will warn You first and give You a chance to put it right. Where they do not, because the risk is immediate, We will tell You as soon as We reasonably can afterwards.

You may cancel at any time under the refund and cancellation policy.

If We close Your account for breach, You must not open another under a different name without Our written consent. Clauses that by their nature should survive termination, including those on fees owed, intellectual property, confidentiality, disclaimers, liability, indemnity and governing law, survive it.

Intellectual property

The Platform, the Services, and everything in them other than Customer Data, including software, text, graphics, logos, icons, images, audio, data compilations and documentation, belong to Us or Our licensors and are protected by Indian and international law. We reserve every right not expressly granted here.

We grant You a limited, non exclusive, revocable, non transferable and non sublicensable right to access and use the Platform and the Services for Your internal business purposes during Your subscription. It carries no right of resale or redistribution.

"Wbotz", Our logos and Our product names are Our trademarks. You may not use them, alone or with other words or design elements, in any press release, advertisement or marketing material without Our written consent. Third party trademarks appearing on the Platform are used for identification only and do not imply any endorsement.

If You send Us feedback, suggestions or ideas about the Services, We may use them without restriction and without owing You anything. You keep no rights in them, and We are not obliged to act on them or keep them confidential.

We may name You and use Your logo in a customer list on Our website and in sales material. Tell Us at [email protected] if You would rather We did not, and We will stop.

Confidentiality

Each of Us may be given information by the other that is marked confidential or that a reasonable person would understand to be confidential (Confidential Information). The receiving party will use it only to perform this agreement, will not disclose it to anyone except staff, contractors and advisers who need it and are bound by equivalent obligations, and will return or destroy it when the agreement ends, subject to record keeping requirements and to backups that expire on their normal cycle.

These obligations do not apply to information that:

• is or becomes public through no fault of the receiving party;
• the receiving party already held without a duty of confidence;
• a third party gave it without a duty of confidence; or
• must be disclosed under law, a court order or a regulator's demand, provided the receiving party tells the other party first where it is permitted to, so that the disclosure can be contested or narrowed.

Communications from Us

We send service messages about billing, security, downtime and changes to these Terms. These come with the account and cannot be switched off while it is open. Marketing messages are sent only where You have asked for them or where the law permits, and every one carries a way to opt out.

Nothing here overrides Your registration on the National Customer Preference Register maintained under the Telecom Regulatory Authority of India's regulations. Tell Us if a number You give Us is registered on it and We will treat it accordingly.

Third party services and links

The Platform links to and integrates with services We do not run, including Meta, payment gateways, scheduling tools and the systems You choose to connect. We do not control them, do not endorse them by linking to them, and are not responsible for their availability, accuracy, content or conduct. Read their terms before You use them. Anything that happens between You and a third party is between You and that party.

Availability and support

We aim to keep the Services available and to fix faults promptly, and We provide support by email at [email protected] and through the channels described in Your plan. We do not promise uninterrupted or error free operation. We may carry out maintenance, and We will give notice of planned maintenance where We reasonably can. We may change, suspend or withdraw part of the Platform for business or operational reasons, and where a change materially reduces the Services We will tell You in advance.

Features marked beta, preview or early access are provided for evaluation, may be changed or withdrawn without notice, and carry no warranty or service commitment.

Disclaimer of warranties

To the fullest extent the law permits, the Platform and the Services are provided on an "as is" and "as available" basis, without warranty of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non infringement.

We do not warrant that the Services will meet Your requirements, that access will be uninterrupted, timely or error free, that defects will be corrected, that results obtained will be accurate or reliable, that the Platform is free of viruses or other harmful components, or that any message will be delivered, since delivery depends on Meta and on the recipient's device and network. We do not warrant, endorse or assume responsibility for any product or service advertised or offered by a third party through the Platform.

Nothing in this clause excludes a warranty or condition that cannot be excluded under the law in force in India.

Limitation of liability

Neither party is liable to the other for any indirect, incidental, special, consequential, punitive or exemplary loss, or for loss of profit, revenue, business, goodwill, anticipated savings, opportunity or data, however caused, even if that loss was foreseeable or the party was told it was possible.

Our total liability to You for all claims arising out of or connected with these Terms or the Services, whether in contract, tort including negligence, or otherwise, is limited in aggregate to the Subscription Fees You paid Us in the 12 months immediately before the event giving rise to the claim.

We are not liable for:

• anything Meta does or fails to do, including suspension of a WhatsApp Business Account, rejection of a template, a change in messaging limits or pricing, or non delivery of a message;
• loss or corruption of Customer Data that You did not export before cancellation, or that resulted from Your instruction;
• Your failure to keep credentials secure, or to give Us accurate account information;
• anything arising from a third party service You chose to connect;
• mobile, data or messaging charges Your own operator applies.

Nothing in these Terms limits either party's liability for fraud, for fraudulent misrepresentation, for death or personal injury caused by negligence, or for anything else that cannot be limited under Indian law. Your statutory rights are not affected.

Indemnity

You will indemnify Us, Our affiliates, officers, employees and licensors against any loss, damage, liability, cost and reasonable legal fee arising from:

• Your use of the Platform or the Services;
• Your breach of these Terms, of Our policies, or of Meta's policies;
• Customer Data, or any message You send, including a claim that it was unsolicited or that You lacked consent to send it;
• a claim that Customer Data or Your use of the Services infringes a third party's rights;
• Your breach of any applicable law.

We will tell You promptly of a claim, let You control the defence of it, and give You reasonable assistance at Your cost. You will not settle a claim in a way that imposes an obligation on Us without Our written consent.

Force majeure

Neither party is liable for a failure or delay in performing an obligation, other than an obligation to pay money, caused by something beyond its reasonable control. This includes an act of God, war, civil disturbance, riot, strike, epidemic or pandemic, government or court order, natural disaster, failure of electrical power or telecommunications, failure of an internet service provider or hosting provider, cyber attack, and the act or omission of a third party such as Meta.

Grievance redressal

If You have a complaint about the Services, about content on the Platform, or about a breach of these Terms or of any law, contact Our Grievance Officer, appointed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:

Grievance Officer, ByteWeb IT Solutions Private Limited
Vadodara, Gujarat, India
Email: [email protected]

We acknowledge every complaint within 24 hours and resolve it within 15 days of receipt. Complaints about personal data are handled under the privacy policy, and billing complaints under the refund and cancellation policy.

Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, including a non contractual one, are governed by the law of India.

If a dispute arises, the party raising it will first give the other written notice setting out what it is, and both will try in good faith to settle it within 30 days. If they cannot, the courts at Vadodara, Gujarat have exclusive jurisdiction.

General

• Notices. Notices to Us go to [email protected]. Notices to You go to the email address on Your account, and it is Your responsibility to keep it current.
• Assignment. You may not assign or transfer these Terms without Our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to You.
• No partnership. Nothing here creates an employment, agency, partnership or joint venture relationship between us.
• Waiver. A waiver is effective only if given in writing by an authorised representative, and applies only to the circumstances it was given for. Not enforcing a right is not a waiver of it.
• Severability. If a provision is held invalid or unenforceable, it is modified to the least extent needed to make it valid, or if that is not possible it is severed, and the rest remains in force.
• Entire agreement. These Terms, together with the policies they incorporate and any signed order form, are the whole agreement between us on their subject matter and replace anything said or written before.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation".

Questions about these Terms go to [email protected].