Terms of Service

These Terms govern your use of Sandeshly's WhatsApp marketing platform (the "Platform"). By creating an account you agree to these Terms and the Privacy Policy.

1. Eligibility

You must be at least 18, legally able to enter contracts, and operating a registered business in India. You must accurately represent yourself and your business when creating an account.

2. Your account

You are responsible for keeping your login credentials safe and for all activity under your account. Notify us immediately if you suspect unauthorised access.

3. Your obligations as Data Fiduciary

• Consent. You must obtain explicit opt-in from every recipient before sending marketing messages. Both WhatsApp Business policy and the DPDP Act 2023 require this.
• Content compliance. You are solely responsible for the legality of your message content under Indian law (including the Consumer Protection Act, the IT Act 2000, and applicable state laws).
• Data principal rights. You must honour your customers' rights of access, correction, erasure, and grievance redressal. We will help you action those requests in our system within 7 business days of your written request.
• WhatsApp policies. You must comply with the WhatsApp Business Messaging Policy and the WhatsApp Business Solution Terms at all times. Repeated violations may cause Meta to suspend your phone number; we are not liable for such suspensions.

4. Prohibited use

You may not use the Platform to:

• send messages to people who have not opted in;
• send spam, scams, phishing, fraud, or unsolicited commercial messages;
• promote illegal goods, services, or activities;
• send sexually explicit content, hate speech, or content that violates Meta's policies;
• reverse-engineer, scrape, or attempt to bypass rate limits;
• resell access to your account or operate as an agency on behalf of other businesses without our prior written authorisation;
• collect, store, or transmit personal data in violation of applicable law;
• interfere with the Platform's operation or other Tenants' use.

We may suspend or terminate accounts that violate this section without prior notice.

5. Our role

The Platform is a software-as-a-service tool. We do not author, review, or endorse the content you send. You are the sender; we are the technical means.

We use the official Meta WhatsApp Business Cloud API. We do not bypass WhatsApp policies, automate WhatsApp Web, or otherwise circumvent Meta's controls.

6. Pricing

Pricing tiers and billing terms are published in-app. We may change pricing with at least 30 days' written notice. Outstanding balances are payable in INR.

Meta's per-conversation charges apply separately and are billed by Meta directly to your WhatsApp Business Account.

7. Termination

You may close your account at any time from Settings. We may terminate or suspend your account for material violation of these Terms, prolonged inactivity (12 months), unpaid fees, or as required by law. On termination we will retain audit data per the Privacy Policy retention schedule and delete your operational data on written request, subject to legal retention obligations.

8. Disclaimers

The Platform is provided "as is". We make no warranty of merchantability, fitness for a particular purpose, or uninterrupted availability. Meta's API availability, deliverability rates, and template approvals are outside our control.

9. Limitation of liability

To the maximum extent permitted by law, our aggregate liability to you for any claim arising out of these Terms or the Platform is limited to the lesser of (a) the amount you paid us in the 12 months preceding the claim, or (b) ₹10,000.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.

10. Indemnity

You agree to indemnify us against claims arising from your use of the Platform, your content, your violation of these Terms, or your violation of any third party's rights (including data principal rights of your customers).

11. Governing law and jurisdiction

These Terms are governed by the laws of India. Disputes are subject to the exclusive jurisdiction of the courts at Patna, Bihar, India.

12. Changes

We may update these Terms. Material changes will be notified at least 14 days in advance via in-app banner or email. Continued use after the effective date constitutes acceptance.

13. Entire agreement

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Platform.

14. Contact