These Terms govern your use of the SambhavTech AI WhatsApp Business platform (the "Platform") operated by SambhavTech Solutions Pvt Ltd ("SambhavTech"). By creating an account or using the Platform you agree to these Terms.
1. Definitions
- Customer / you: the legal entity that creates a SambhavTech AI account.
- End user: a person you send WhatsApp messages to via the Platform.
- WABA: WhatsApp Business Account issued by Meta.
- Platform: the SambhavTech AI dashboard, APIs, and supporting services.
2. Account & eligibility
You must be 18 or older and authorised to bind your business. You are responsible for the security of your account credentials and for all activity under your account. Notify us immediately if you suspect compromise.
3. The Platform & Meta's policies
The Platform is built on Meta's WhatsApp Business Platform. Your use is also governed by:
- The WhatsApp Business Messaging Policy
- The WhatsApp Business Solution Terms
- The WhatsApp Commerce Policy
Violations can result in your WABA being disabled by Meta. We are not responsible for actions Meta takes against your WABA, but we will support you in restoring access where possible.
4. Acceptable use
You will not use the Platform to:
- Send messages to recipients who have not opted in.
- Send spam, phishing, deceptive, fraudulent, or harassing content.
- Send content that is illegal under Indian law or the laws of the recipient's country.
- Send content that infringes intellectual property rights.
- Sell or promote prohibited goods (firearms, drugs, regulated substances, adult content, gambling outside permitted jurisdictions, etc.).
- Attempt to bypass rate limits, quotas, or security mechanisms.
- Resell the Platform without a written reseller agreement.
5. Plans, fees & billing
- Subscription fees are stated on the Pricing page and confirmed in your invoice. Setup fees, where applicable, are billed once.
- Plans are billed monthly in advance. Annual plans are billed in advance and non-refundable.
- Meta charges conversation fees directly to your WABA payment method. We do not control or mark up these fees.
- Late payments accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower.
- GST is added at the prevailing rate.
6. Plan activation
New workspaces are provisioned in a suspended state and are activated by our team after invoice payment. Plans renew monthly unless cancelled. We do not currently offer a free trial.
7. Cancellation
You may cancel any time from your account settings. Cancellation takes effect at the end of the current billing cycle. We do not refund partial months. On cancellation we will export your data on request and delete it after the retention period in our Privacy Policy.
8. Service availability
We target 99.5% monthly uptime for the dashboard and API. Planned maintenance is announced ≥24 hours in advance. Outages caused by Meta, your hosting provider for ancillary integrations, or force majeure are excluded from this target.
9. Intellectual property
SambhavTech retains all rights in the Platform, source code, and brand. You retain all rights in your business data, message content, contact lists, and templates. You grant us a limited licence to process this data to operate the Platform.
10. Data protection
Our data handling is described in the Privacy Policy, which is part of these Terms. For business customers governed by India's DPDP Act 2023 we act as a Data Processor on your instructions.
11. Confidentiality
Each party will treat the other's non-public information as confidential and use it only to perform under these Terms. This obligation survives termination for 3 years.
12. Warranty disclaimer
The Platform is provided as-is without warranties of any kind, express or implied. We do not guarantee that the Platform will be uninterrupted, error-free, or that messages will reach every recipient (delivery depends on Meta and the recipient's network).
13. Limitation of liability
To the maximum extent permitted by law, our aggregate liability for any claim arising from or related to the Platform is limited to the fees you paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost revenue, or lost data.
14. Indemnity
You will indemnify and hold us harmless from claims arising out of your message content, your violation of these Terms, or your violation of any law.
15. Suspension & termination
We may suspend or terminate your account immediately for material breach of these Terms, fraud, security threats, or non-payment after a 7-day notice. We will refund any unused prepaid fees only if termination is for our convenience.
16. Changes
We may update these Terms from time to time. Material changes will be notified by email to the registered account contact at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.
17. Governing law & disputes
These Terms are governed by Indian law. Any dispute will be subject to the exclusive jurisdiction of the courts in Delhi NCR. The parties will first attempt good-faith resolution within 30 days before filing.
18. Contact
SambhavTech Solutions Pvt Ltd — hello@sambhavtech.in.