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Legal Agreement

Terms and Conditions

Please read these terms and conditions carefully before using the AIWATS WhatsApp Business Solution Platform.

Last updated: March 12, 2024

These Terms and Conditions ("Terms") govern your access to and use of the AIWATS WhatsApp Business Solution Platform, including any content, functionality, and services offered on or through our website ("the Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Important Notice: These Terms constitute a legally binding agreement between you and AIWATS. By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

Summary of Key Points

This summary provides key points from our Terms and Conditions, but you should read the full document for complete details. Click the links following each key point or use the table of contents to find specific sections.

Service Usage

Our Service is intended for business use only. You must comply with WhatsApp's Business Policy and all applicable laws when using our platform.

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Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account.

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Intellectual Property

Our Service and its original content, features, and functionality are owned by AIWATS and are protected by international copyright, trademark, and other intellectual property laws.

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Billing and Payments

Subscription fees are charged in advance on a monthly or annual basis. You are responsible for all taxes associated with your use of the Service.

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1. Service Usage

AIWATS provides a WhatsApp Business Solution Platform that allows businesses to communicate with their customers through WhatsApp. By using our Service, you agree to the following:

1.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate AIWATS, an AIWATS employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm AIWATS or users of the Service, or expose them to liability.

1.2 WhatsApp Business Policy Compliance

You must comply with WhatsApp's Business Policy when using our Service. This includes, but is not limited to:

  • Obtaining proper consent from your customers before sending them messages.
  • Respecting opt-out requests and providing clear opt-out instructions.
  • Not sending messages that contain illegal, harmful, or offensive content.
  • Not using the Service for spamming or bulk messaging without proper consent.
  • Complying with all applicable data protection and privacy laws.

1.3 Service Modifications

AIWATS reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

2. Account Security

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.1 Account Credentials

You are responsible for safeguarding the password and API keys that you use to access the Service and for any activities or actions under your account. You agree not to disclose your password or API keys to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.2 Account Termination

We reserve the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Security best practices: We recommend enabling two-factor authentication, regularly updating your password, and never sharing your account credentials with unauthorized individuals. Monitor your account regularly for any suspicious activity.

3. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of AIWATS and its licensors. The Service is protected by copyright, trademark, and other laws of both India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AIWATS.

3.1 User Content

You retain all your ownership rights in your content. However, by uploading content to the Service, you grant AIWATS a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media formats.

3.2 Content Restrictions

You warrant that:

  • You either are the sole and exclusive owner of all content that you upload to the Service, or you have all rights, licenses, consents, and releases that are necessary to grant AIWATS the rights in your content as contemplated under these Terms.
  • Your content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

3.3 DMCA Compliance

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work that you claim has been infringed.
  • Identification of the material that is claimed to be infringing and where it is located on the Service.
  • Information reasonably sufficient to permit AIWATS to contact you, such as your address, telephone number, and email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

4. Billing and Payments

Some features of the Service are provided on a subscription basis. You agree to pay all fees or charges to your account based on the fee, charges, and billing terms in effect at the time a fee or charge is due and payable.

4.1 Subscription Terms

Subscription fees are charged in advance on a monthly or annual basis, depending on the subscription plan you select. Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date.

4.2 Payment Methods

We accept payment through various methods, including credit cards, debit cards, and other payment methods as specified on our website. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service.

4.3 Price Changes

AIWATS, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.

4.4 Refunds

Certain refund requests for subscriptions may be considered on a case-by-case basis and granted at the sole discretion of AIWATS. Generally, no refunds will be issued for partial subscription periods or for periods where the account was temporarily unavailable.

Important billing information: You are responsible for all taxes associated with your use of the Service. If you have any questions about billing or payments, please contact our support team at billing@aiwats.com.

5. Limitation of Liability

In no event shall AIWATS, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service.
  • Any conduct or content of any third party on the Service.
  • Any content obtained from the Service.
  • Unauthorized access, use, or alteration of your transmissions or content.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

6. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

AIWATS, its subsidiaries, affiliates, and its licensors do not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location.
  • Any errors or defects will be corrected.
  • The Service is free of viruses or other harmful components.
  • The results of using the Service will meet your requirements.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

8. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

9. Contact Information

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

AIWATS
Attn: Legal Department
123 Tech Park, Suite 456
Bangalore, Karnataka 560001
India

Email: legal@aiwats.com