Terms of Service

1. Acceptance of these Terms

These Terms form an agreement between you and [Legal entity name] (“Whats Agent”, “we”, “us”). By creating an account, starting a trial or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organisation, you confirm that you are authorised to accept these Terms for it, and “you” refers to that organisation.

2. The Service

Whats Agent is a software tool that helps you create and manage WhatsApp groups and communities, schedule and send messages to them, re-engage older groups and view delivery and read analytics. Features vary by plan and may change over time as we improve the Service.

3. Eligibility

You must be at least 18 years old and able to enter into a binding contract under Indian law. The Service is intended for business and professional use, not for personal or household use.

4. Your account

• Provide accurate information and keep it up to date.
• Keep your login credentials confidential and tell us promptly about any unauthorised access.
• You are responsible for all activity under your account, including by team members you invite.

5. Free trial

New customers can try the Service free for 14 days — no card is needed to start. At the end of the trial you can choose a paid plan to continue. If you don’t, your access may be paused or limited, and trial data may be deleted after [period — to be confirmed]. We may change or end the trial offer for new sign-ups at any time.

6. Plans, pricing and billing

• Prices are in Indian Rupees (INR) and are exclusive of GST; 18% GST (or the rate applicable at the time) is added to every invoice.
• Paid plans are billed in advance, monthly or yearly, as you choose.
• If a payment method is saved, subscriptions renew automatically at the end of each billing period until cancelled.
• We may change prices with at least [30 days’] notice; changes apply from your next renewal.
• If a payment fails, we may suspend paid features until the dues are cleared.
• One-time setup services (where offered) are quoted and billed separately.

7. Cancellation and refunds

You can cancel at any time from your account or by emailing us. Cancellation takes effect at the end of the current billing period, and you keep access until then.

[Fees are non-refundable, except where required by applicable law or where we have expressly agreed otherwise in writing. Setup fees are non-refundable once work has started.] — placeholder refund policy, to be confirmed.

8. Acceptable use

You agree that you will not use the Service to:

• send spam, unsolicited bulk messages or chain messages;
• add people to groups or message them without their consent or another lawful basis;
• break WhatsApp’s or Meta’s terms and policies;
• break election laws or the Election Commission of India’s Model Code of Conduct, including silence periods;
• share unlawful, defamatory, obscene, hateful or misleading content, or content that infringes others’ rights;
• harass, threaten, impersonate or defraud anyone;
• distribute malware or interfere with the Service or other users;
• reverse engineer, decompile, copy or resell the Service, or access it through unauthorised automated means;
• break any other applicable law, including the Information Technology Act, 2000 and the DPDP Act, 2023.

9. WhatsApp dependency and risk

10. Your content and responsibilities

You own the content you create and the contacts and groups you manage (“Customer Data”). You grant us a limited licence to host, process and transmit Customer Data only to provide and support the Service, as described in our Privacy Policy.

You are responsible for Customer Data, including having the consent of the people you add or message and not sharing sensitive personal data (such as medical, financial or identity details) in groups. A data processing addendum is available on request [to be confirmed].

11. Our intellectual property

The Service — including its software, design, templates we provide, trademarks and documentation — belongs to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use it during your subscription, in line with these Terms. Feedback you share may be used to improve the Service without obligation to you.

12. Third-party services

The Service works with third-party products such as WhatsApp, payment processors and hosting providers. Their terms and privacy policies apply to your use of them, and we are not responsible for their availability or actions.

13. Suspension and termination

We may suspend or terminate your access, with notice where reasonably possible, if you breach these Terms, create risk or legal exposure for us or others, fail to pay, or if required by law. You may stop using the Service at any time. After termination, Customer Data is handled as described in our Privacy Policy.

14. Disclaimers

To the extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose, uninterrupted availability or error-free operation. Results such as attendance, engagement or sales are not guaranteed.

15. Limitation of liability

To the extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or WhatsApp account access;
• our total liability for all claims relating to the Service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

16. Indemnity

You agree to indemnify and hold harmless Whats Agent and its directors, employees and partners from claims, losses and expenses (including reasonable legal fees) arising from your Customer Data, your use of the Service, or your breach of these Terms or of any law or third-party rights.

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here with a new “Last updated” date and notify you of material changes by email or in the app. Continuing to use the Service after changes take effect means you accept them.

18. Governing law and disputes

These Terms are governed by the laws of India. Subject to any applicable dispute-resolution process agreed between us, the courts at [City], India will have exclusive jurisdiction.

19. General

These Terms, together with the Privacy Policy and any order form, are the entire agreement between us about the Service. If any part is found unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger or sale of business; you may not assign them without our consent. Neither party is liable for delays caused by events beyond its reasonable control.

20. Contact