Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or entity, "you" or "your") and TechQuay BI Pvt Ltd ("Company," "we," "us," or "our") concerning your access to and use of the WaBox platform, including any associated websites, applications, and services (collectively, the "Service").

By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Service.

IMPORTANT: These Terms contain provisions that limit our liability to you and require you to resolve disputes with us through binding arbitration on an individual basis, not as part of any class or representative action.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Not be barred from using the Service under applicable laws
• Have a valid WhatsApp Business API account approved by Meta
• Provide accurate, complete, and current registration information

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or abuse of the Service.

4. Service Description

WaBox provides a platform for managing WhatsApp Business API communications, including:

• Unified Inbox: Centralized message management and real-time conversation handling
• WhatsApp Flows: Creation and management of interactive message flows
• Bulk Messaging: Google Sheets integration for sending template messages at scale
• API Access: RESTful API endpoints for system integration
• Webhook Integration: Automated message forwarding based on keywords
• Template Management: Creation and approval management for message templates
• Analytics and Reporting: Message delivery tracking and usage analytics

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

5. Subscription Plans and Billing

5.1 Free Trial

We offer a 30-day free trial with limited features and message quota. No credit card is required for the trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service.

5.2 Paid Subscriptions

Paid subscriptions are billed monthly in advance. By subscribing to a paid plan, you authorize us to charge your payment method:

• Monthly subscription fees are charged on the same day each month
• All fees are in Indian Rupees (INR) and exclude applicable taxes
• You are responsible for all taxes, duties, and assessments
• Failed payments may result in service suspension or termination

5.3 Refunds and Cancellations

We offer a 30-day money-back guarantee for first-time subscribers. To request a refund, contact us at we@techquay.in within 30 days of your initial purchase. Refunds are not available for renewals or usage-based charges.

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period, and you will retain access until that date. No refunds are provided for partial months.

5.4 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Continued use of the Service after the price change takes effect constitutes acceptance of the new pricing.

6. Usage Limits and Restrictions

6.1 Service Limits

Your use of the Service is subject to limitations based on your subscription plan, including:

• Monthly message quotas
• Number of WhatsApp Flows
• Webhook configurations
• API rate limits
• Storage limits for media files

6.2 Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or violate WhatsApp's Commerce Policy and Business Policy
• Transmit harmful code, viruses, or malware
• Engage in fraudulent, deceptive, or misleading practices
• Impersonate any person or entity or falsely represent your affiliation
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated means (bots, scrapers) to access the Service without permission
• Resell, sublicense, or distribute the Service to third parties without authorization
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, alter, or obscure any proprietary notices
• Use the Service for illegal activities, including money laundering or terrorism financing

7. WhatsApp Business Platform Compliance

As a user of WaBox, you are responsible for complying with Meta's WhatsApp Business Platform policies, including:

• WhatsApp Business Policy
• WhatsApp Commerce Policy
• Meta Business Terms
• WhatsApp Brand Guidelines

Violations of WhatsApp's policies may result in:

• Suspension or termination of your WhatsApp Business API access by Meta
• Suspension or termination of your WaBox account
• Legal action by Meta or affected parties

We are not responsible for any consequences resulting from your violation of WhatsApp's policies.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by TechQuay BI Pvt Ltd, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

8.3 Your Content

You retain all rights to the content you submit, upload, or transmit through the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and transmit Your Content solely for the purpose of providing the Service to you.

You represent and warrant that you own or have the necessary rights to use Your Content and that Your Content does not violate any third-party rights.

8.4 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

9. Data Privacy and Security

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our collection and use of information as set forth in the Privacy Policy.

You acknowledge that:

• You are responsible for maintaining the confidentiality of your API credentials
• You must implement appropriate security measures for systems integrating with our API
• You are responsible for compliance with data protection laws applicable to your use of the Service
• We act as a data processor for WhatsApp message data you process through our platform

10. Third-Party Services and Integrations

The Service integrates with third-party platforms, including:

• Meta's WhatsApp Business Platform
• Google Services (Firebase, Google Sheets)
• Razorpay for payment processing

Your use of third-party services is subject to their respective terms and policies. We are not responsible for:

• The availability, accuracy, or functionality of third-party services
• Third-party service changes, interruptions, or terminations
• Any loss or damage resulting from your use of third-party services
• Third-party data practices or privacy policies

11. Disclaimers and Limitations of Liability

11.1 Service "AS IS"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations
• Any errors in the Service will be corrected

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TECHQUAY BI PVT LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR ₹10,000, WHICHEVER IS GREATER.

11.3 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

12. Indemnification

You agree to indemnify, defend, and hold harmless TechQuay BI Pvt Ltd, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any applicable laws or regulations
• Your Content or use of the Service
• Any claim that Your Content caused damage to a third party

13. Dispute Resolution and Governing Law

13.1 Governing Law

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

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved as follows:

• Informal Resolution: You agree to first contact us at we@techquay.in to attempt to resolve any dispute informally within 30 days
• Arbitration: If informal resolution fails, disputes shall be finally resolved by binding arbitration in Bhopal, India, under the Arbitration and Conciliation Act, 1996
• Individual Basis: Disputes must be brought on an individual basis and not as part of any class or representative action

13.3 Jurisdiction

Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in Bhopal, Madhya Pradesh, India.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending you an email notification
• Displaying a prominent notice in the Service

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

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us regarding the Service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Survival

Provisions that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution provisions.

16. Contact Information

If you have any questions about these Terms, please contact us: