Terms & Conditions

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding contract between you ("User", "Customer", "you") and WhatBotz / OEM Key Software Solutions ("waInteract", "Company", "we", "us", "our"), governing your access to and use of the waInteract platform, including the website at app.wainteract.com, all associated subdomains, mobile applications, APIs, and related services (collectively, the "Service").

By performing any of the following actions, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy:

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  Clicking "Sign Up", "Get Started", "Create Account", or any similar button on our platform
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  Accessing, browsing, or using any part of the Service
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  Subscribing to any paid or free plan on the platform
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  Accepting these Terms on behalf of your employer or another organisation
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  Using the platform's API, webhooks, or integrations

If you do not agree to these Terms, you must immediately cease using the Service and close your account. We reserve the right to refuse service to anyone for any reason at any time.

3.1 Eligibility Requirements

To use the Service, you must meet all of the following criteria:

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  Be at least 18 years of age (or the legal age of majority in your jurisdiction, whichever is higher)
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  Have the legal capacity to enter into binding contracts under applicable law
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  Be using the Service for legitimate business purposes and not for personal, household, or family use
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  Not be located in, or a national of, a country subject to comprehensive international sanctions (e.g., OFAC, UN, EU sanctions lists)
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  Not have been previously suspended or terminated from the Service for a violation of these Terms

3.2 Account Registration

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  You must provide accurate, current, and complete registration information including a valid business email address and business name
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  You are responsible for maintaining the confidentiality and security of your account credentials, including your password and API keys
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  You must immediately notify us at support@wainteract.com if you suspect any unauthorised access to your account
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  You may not share your account with third parties, create accounts on behalf of others without authorisation, or use automated scripts to create accounts
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  You are solely responsible for all activity that occurs under your account, whether or not authorised by you

3.3 One Account Per Business

Each registered business entity may maintain one primary Account. Creating multiple Accounts to circumvent plan limits, feature restrictions, or a previous termination is strictly prohibited and will result in permanent suspension of all associated Accounts.

waInteract is a cloud-based WhatsApp Customer Relationship Management (CRM) SaaS platform. Subject to these Terms and the payment of applicable fees, we provide you with access to the following services:

4.1 Service Availability

We target a 99% uptime for the Service on a monthly basis (excluding scheduled maintenance). We do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance via email and/or in-platform notices where practicable. Unplanned outages will be communicated via our status page.

4.2 Free Trial

We may offer a free trial period (currently 7 days) with limited features and contact quotas. At the end of the trial period, your account will transition to a restricted free state unless you subscribe to a paid plan. No payment details are required during the trial. Trial accounts are subject to all other provisions of these Terms.

4.3 Service Modifications

We reserve the right to modify, enhance, suspend, or discontinue any feature or aspect of the Service at any time. For material changes that reduce functionality for existing paid subscribers, we will provide at least 30 days' advance notice via email. Your continued use of the Service after any modification constitutes your acceptance of the updated Service.

Our Service integrates with the WhatsApp Business Cloud API provided by Meta Platforms, Inc. Your use of WhatsApp messaging features through our platform is subject to Meta's terms and policies in addition to these Terms.

5.1 Meta's Policies Apply to You

By using the WhatsApp features in our Service, you agree to comply with:

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  WhatsApp Business Policy: whatsapp.com/legal/business-policy
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  WhatsApp Commerce Policy: whatsapp.com/legal/commerce-policy
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  Meta Platform Terms: developers.facebook.com/terms
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  WhatsApp Messaging Guidelines on acceptable message types, frequency, and opt-in/opt-out requirements

5.2 Your WhatsApp API Responsibilities

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  Opt-In Consent: You are solely responsible for obtaining valid, documented opt-in consent from every individual before sending them WhatsApp Business messages. This includes clearly informing them of your business identity and the nature of messages they will receive
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  Opt-Out Requests: You must immediately honour all opt-out requests and remove contacts who have requested not to receive messages from your number
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  Template Compliance: All message templates submitted through our platform for Meta's approval must comply with Meta's guidelines. You are responsible for the accuracy and legality of template content
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  Message Quality: You must not send messages that result in high block or spam report rates, as this can jeopardise your WhatsApp Business Account quality rating and restrict messaging capabilities
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  Account Security: You are responsible for securing your WhatsApp Business Account credentials. Any unauthorised use of your WhatsApp number through our platform is your responsibility

5.3 QR Code WhatsApp Scanning

Certain subscription plans include the ability to connect WhatsApp accounts via QR code scanning (similar to WhatsApp Web). You acknowledge that this connection method is subject to WhatsApp's multi-device policy, and disconnections may occur. QR-connected accounts are not the same as official WhatsApp Business API accounts and may have different reliability characteristics. waInteract is not responsible for disruptions caused by WhatsApp's web-based session policies.

6.1 Permitted Uses

You may use the Service solely for lawful business purposes, including managing customer communications, automating business workflows, conducting legitimate marketing campaigns (to opted-in recipients), and managing your business contacts.

6.2 Strictly Prohibited Activities

You must not use the Service, directly or indirectly, for any of the following purposes:

6.3 Enforcement

We reserve the right to investigate any suspected violation of this Acceptable Use Policy. Violations may result in immediate suspension or termination of your account without refund, reporting to law enforcement authorities, and/or legal action to recover damages.

7.1 Available Plans

waInteract offers the following subscription plans. Pricing is in USD unless otherwise specified. Annual plans provide access for 365 days from the date of activation.

7.2 Plan Features & Limits

Each plan includes a defined set of features including contact limits, number of QR accounts, API access, and messaging capabilities. Feature details are published on our Pricing page at app.wainteract.com/#pricing. We reserve the right to adjust plan features with reasonable advance notice to existing subscribers.

7.3 Pricing Changes

We reserve the right to change subscription pricing at any time. Price changes will not affect active subscriptions until their renewal or expiry date. We will notify you of price changes at least 30 days in advance via email. Your continued subscription after a price change becomes effective constitutes acceptance of the new pricing.

7.4 Promotional Pricing

Promotional, discounted, or coupon-based pricing applies only to the initial subscription period for which it was offered and does not carry forward to renewals unless explicitly stated. Promotional offers may be modified or withdrawn at any time.

7.5 Plan Upgrades

You may upgrade your plan at any time by contacting our team or through the account settings. Upgrades take effect immediately upon payment confirmation. Downgrade requests will take effect at the end of your current billing period.

8.1 Payment Terms

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  All subscription fees are due and payable in advance at the time of purchase or subscription renewal
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  We accept payments via credit/debit cards, bank transfers, UPI, and other methods displayed at checkout. Payments are processed by our PCI-DSS compliant payment processors
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  Subscription access is activated upon successful payment confirmation. Access to paid features will not be provided until payment is received and confirmed
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  Annual subscriptions do not auto-renew unless explicitly enabled by you. You will receive a renewal reminder email at least 15 days before expiry
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  Failed payments will result in downgrade to the free/restricted tier. We are not responsible for any data loss or service disruption caused by failed payments

8.2 Refund Policy

The following situations do not qualify for a refund under any circumstances:

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  You no longer wish to use the platform, changed your mind, or found an alternative solution after purchase
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  You did not use the Service or logged in only partially during the subscription period
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  Your WhatsApp Business Account was restricted, banned, or suspended by Meta/WhatsApp for any reason
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  Your WhatsApp number was blocked, flagged for spam, or quality-downgraded due to your messaging practices
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  You failed to obtain proper opt-in consent from your contacts, resulting in message failures or account restrictions
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  You are dissatisfied with a particular feature, UI element, or the platform's functionality if it operates as described
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  Your account was suspended or terminated for a violation of these Terms or our Acceptable Use Policy
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  Third-party service disruptions (Meta API downtime, payment processor issues, internet connectivity, force majeure events)
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  You purchased the wrong plan and did not contact us before activating it
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  Partial use of a subscription period — subscriptions are sold as a full annual or stated-period package
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  Duplicate purchases made in error unless reported to us within 24 hours of purchase and before accessing paid features

8.3 Eligible Refund Circumstances (Platform Failure Only)

8.4 How to Submit a Refund Request

1. Email support@wainteract.com with the subject line "Refund Request – [Your Account Email]"
2. Include your full name, registered email address, order/transaction ID, subscription plan, and date of purchase
3. Provide a detailed written description of the platform failure, including screenshots, error messages, dates and times of the failure, and support ticket reference numbers
4. Our billing team will acknowledge your request within 5 business days and conduct an internal investigation
5. We will communicate our decision in writing. If the request is declined, we will provide reasons. Declined decisions are final

8.5 Chargebacks

If you initiate a chargeback or payment dispute with your bank or payment provider without first following our refund request process above, we reserve the right to: (a) immediately suspend or terminate your Account; (b) dispute the chargeback and provide our payment processor with evidence of your agreement to these Terms; and (c) pursue recovery of the disputed amount plus any chargeback fees incurred by waInteract. Initiating fraudulent or unwarranted chargebacks may constitute a breach of these Terms.

9.1 waInteract's Intellectual Property

The Service, including but not limited to its software code, design, graphics, user interface, logos, trademarks, trade names, documentation, algorithms, and all underlying technology, is the exclusive property of WhatBotz / OEM Key Software Solutions and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws worldwide.

These Terms do not transfer any intellectual property rights to you. You receive only a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes, subject to these Terms.

9.2 Restrictions on Use of Our IP

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  Copy, reproduce, distribute, or publicly display any part of the Service without our written consent
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  Create derivative works based on the Service or any of our proprietary technology
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  Remove, alter, or obscure any proprietary notices, copyright marks, or trademarks on the Service
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  Use our brand name, logo, or trademarks in any manner that could cause confusion or imply endorsement without our explicit written permission

9.3 Your Content — Licence to waInteract

You retain all ownership rights to the Content you upload, create, or transmit through the Service (your contacts, message templates, media files, etc.). By using the Service, you grant waInteract a limited, non-exclusive, royalty-free, worldwide licence to host, store, transmit, and process your Content solely for the purpose of providing the Service to you. We do not claim any other rights over your Content.

9.4 Feedback

If you provide suggestions, ideas, enhancement requests, or feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use, incorporate, and commercialise that Feedback in any manner without compensation or attribution to you.

You are solely responsible for all Content uploaded, transmitted, or generated through your Account. This includes contact lists, WhatsApp messages, media files, chatbot flows, and campaign data.

10.1 Your Data Warranties

By using the Service to process Contact data and send WhatsApp messages, you represent and warrant that:

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  You have obtained all necessary legal permissions, consents, and authorisations required to collect and use the personal data of your contacts under all applicable data protection laws
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  You have a valid legal basis to process personal data and to send WhatsApp marketing or transactional messages to each contact
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  Your contact lists, message content, and marketing practices comply with all applicable anti-spam, telemarketing, and communications laws in every jurisdiction where your recipients are located
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  You will not use the Service to process personal data of children under 18 without verified parental or guardian consent

10.2 Data Export

You may export your data (contacts, message history, analytics) from the platform at any time during your active subscription. We strongly recommend maintaining regular exports of your data. waInteract does not guarantee data availability beyond the retention periods described in our Privacy Policy.

10.3 Data Deletion Upon Termination

Upon account closure or termination, your data will be retained for a 30-day grace period to allow for account recovery or data export. After 30 days, all data will be permanently and irreversibly deleted from our active systems. We are not liable for any loss resulting from your failure to export data prior to termination.

"Confidential Information" means any non-public information disclosed by either party that is designated as confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure.

11.1 Our Confidentiality Obligations

waInteract will: (a) keep your Confidential Information strictly confidential; (b) not disclose your Confidential Information to any third party except as permitted by these Terms or required by law; and (c) use your Confidential Information only to provide the Service to you.

11.2 Your Confidentiality Obligations

You will: (a) keep confidential all non-public information about the Service, including unpublished features, pricing models, internal roadmaps, and security measures disclosed to you; and (b) not disclose such information to competitors or use it to develop competing products.

11.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known prior to disclosure; (c) is independently developed without reference to Confidential Information; or (d) must be disclosed by law, regulation, or court order, provided that the disclosing party gives prompt prior written notice where legally permissible.

Our collection and use of personal data in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the processing of your personal data as described therein.

As a business customer, you acknowledge that:

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  You are the Data Controller for the personal data of your customers, contacts, and end-users that you process through the Service
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  waInteract acts as a Data Processor processing such data on your behalf, in accordance with your instructions
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  You are responsible for ensuring your use of the Service complies with all data protection laws applicable to your operations and the jurisdictions of your contacts
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  You will provide your own customers with appropriate privacy notices explaining how their data is used, including its processing via third-party tools like waInteract

The Service integrates with and may link to third-party services, applications, and websites that are not owned or controlled by waInteract, including Meta's WhatsApp Business Cloud API, payment processors, email delivery services, and analytics tools.

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  waInteract has no control over, and assumes no responsibility for, the content, privacy policies, security, or practices of any third-party services
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  Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to review those policies
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  Third-party service outages (including Meta/WhatsApp API downtime) do not constitute a "Platform Failure" under Section 8.3 and are not grounds for refund or compensation
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  We make no representation or warranty regarding the availability, accuracy, or reliability of any third-party service
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  Any integration you enable between our Service and a third-party application is done at your own risk and discretion

14.1 Our Limited Warranty

waInteract warrants that the Service will perform materially in accordance with its documentation under normal use and circumstances. If the Service fails to conform to this warranty, we will use commercially reasonable efforts to correct the non-conformance. This is your sole and exclusive remedy for any breach of this warranty.

14.2 Disclaimers

Additionally, we make no warranty regarding:

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  The delivery, open rate, read rate, or response rate of any WhatsApp messages sent through the Service
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  The approval of any message templates by Meta, or the continued approval of previously approved templates
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  The ongoing availability of the WhatsApp Business API from Meta, or any changes Meta makes to its APIs, policies, or pricing
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  The commercial outcomes, revenue, leads, or business results you achieve through use of the Service

15.1 Aggregate Liability Cap

To the maximum extent permitted by law, waInteract's total aggregate liability to you for all claims arising out of or related to these Terms or the Service, regardless of the form of action (whether in contract, tort, negligence, or otherwise), shall not exceed the greater of (a) the total fees paid by you to waInteract in the twelve (12) calendar months immediately preceding the event giving rise to the claim, or (b) USD $100.

15.2 Essential Basis of Bargain

You acknowledge that the limitations of liability in this Section 15 reflect a reasonable and fair allocation of risk between you and waInteract, and that waInteract would not enter into these Terms without such limitations. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

15.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law. Nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, death, or personal injury caused by our negligence where such exclusion or limitation is not permitted by law.

You agree to defend, indemnify, and hold harmless waInteract, its affiliates, directors, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

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  Your breach of these Terms or any representation or warranty made herein
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  Your violation of any applicable law, regulation, or third-party rights (including data protection, anti-spam, intellectual property rights)
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  Any Content you upload, transmit, or process through the Service
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  Your violation of Meta's WhatsApp Business Policy or other Meta platform policies
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  Any claim by your customers, contacts, or end-users arising from your use of the Service to communicate with them
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  Your failure to obtain proper consent from contacts before messaging them via the platform
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  Your use of the Service in any manner that violates applicable anti-spam, privacy, or marketing laws

We reserve the right to assume exclusive control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defence of such claims. You must not settle any such claim without our prior written consent.

17.1 Termination by You

You may close your account at any time by visiting your account settings or contacting our support team. Closing your account does not entitle you to any refund of unused subscription time (see Section 8). You remain responsible for any outstanding fees at the time of closure.

17.2 Suspension or Termination by waInteract

We may suspend or terminate your access to the Service, with or without notice, in the following circumstances:

17.3 Effect of Termination

Upon termination of your Account: (a) your licence to use the Service immediately ceases; (b) you must cease all use of the Service and delete any downloaded components; (c) all provisions of these Terms that by their nature should survive termination will survive, including Sections 9, 11, 14, 15, 16, 19, and 21; and (d) waInteract may delete your Content after the 30-day grace period described in Section 10.3.

Authorised Resellers who purchase the Service to re-sell to their own customers are subject to these Terms in addition to any executed Reseller or Partner Agreement. The following additional provisions apply to Resellers:

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  Reseller Responsibility: Resellers are responsible for ensuring their end customers comply with all applicable provisions of these Terms, including the Acceptable Use Policy and WhatsApp compliance requirements
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  Customer Terms: Resellers must present their end customers with Terms and Conditions at least as protective of waInteract's rights as those contained herein. Resellers may not grant customers rights broader than those waInteract grants to the Reseller
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  Billing: Resellers are billed by waInteract for their subscription tier. Resellers are responsible for collecting payments from their own customers. waInteract has no direct billing relationship with reseller end customers
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  Support: Resellers are responsible for providing first-line technical support to their end customers. waInteract provides second-line and escalation support to Resellers only
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  Refunds to End Customers: Resellers are responsible for their own refund policies with their end customers. waInteract's refund policy (Section 8) applies only to the relationship between waInteract and the Reseller, not between the Reseller and their customers
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  Branding: Resellers may white-label or co-brand the Service only as expressly permitted by their signed Reseller Agreement. Unauthorised white-labelling is prohibited
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  Liability: Resellers assume full liability for acts or omissions of their end customers in using the Service and shall indemnify waInteract against any claims arising from their customers' use

19.1 Governing Law

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, specifically including the Information Technology Act, 2000, the Information Technology (Amendment) Act, 2008, the Indian Contract Act, 1872, and other applicable legislation, without regard to its conflict of law provisions.

19.2 Mandatory Negotiation

Before initiating any formal dispute resolution, both parties agree to attempt to resolve any dispute through good-faith informal negotiations for a period of 30 days from the date one party notifies the other in writing of the dispute. Notification must be sent to support@wainteract.com.

19.3 Arbitration

If informal negotiations fail to resolve the dispute within 30 days, either party may submit the dispute to binding arbitration under the Arbitration and Conciliation Act, 1996 (India). Arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties, or if no agreement can be reached within 15 days, appointed by a court of competent jurisdiction. Arbitration shall be conducted in the English language, and the seat and venue of arbitration shall be Hyderabad, Telangana, India.

19.4 Jurisdiction

For any matters not subject to arbitration, or for interim relief, the parties consent to the exclusive jurisdiction of the courts located in Hyderabad, Telangana, India.

19.5 Class Action Waiver

To the fullest extent permitted by applicable law, you waive the right to participate in any class action lawsuit or class-wide arbitration against waInteract. All disputes must be brought on an individual basis only.

19.6 Exception for Injunctive Relief

Notwithstanding the above, either party may seek immediate injunctive or other equitable relief from any court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration, particularly in cases involving intellectual property infringement, confidentiality breaches, or security threats.

We reserve the right to modify these Terms at any time to reflect changes in our Services, business practices, legal requirements, or for other operational reasons.

20.1 Notification of Changes

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  Material Changes: For modifications that materially affect your rights or obligations, we will send notice to your registered email address at least 30 days before the changes become effective
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  In-App Notice: A prominent notification will appear in your dashboard for material changes
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  Minor Changes: Non-material changes (clarifications, corrections, formatting) may be made without specific notice. The "Last Updated" date at the top of this page will always reflect the most recent revision

20.2 Acceptance of Changes

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those changes. If you disagree with material changes, your sole remedy is to terminate your Account before the changes take effect. Termination in response to a material change does not entitle you to a refund of unused subscription time.

20.3 Version History

Prior versions of these Terms are archived and available upon request by emailing support@wainteract.com.

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, Reseller Agreement, or Order Form, constitute the entire agreement between you and waInteract regarding the Service and supersede all prior agreements, understandings, representations, and warranties (written or oral) relating to the same subject matter.

21.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity and enforceability of the remaining provisions.

21.3 Waiver

No failure or delay by waInteract in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. A waiver of any breach of these Terms shall not be deemed a waiver of any subsequent breach of the same or any other provision.

21.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this provision is void. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, or sale of assets, with notice to you.

21.5 No Agency or Partnership

Nothing in these Terms creates, or is intended to create, an agency, partnership, joint venture, employment, or franchise relationship between you and waInteract. You have no authority to bind waInteract contractually or otherwise.

21.6 Force Majeure

waInteract will not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, labour disputes, power failures, internet infrastructure failures, cyber-attacks by third parties, or changes in Meta's APIs or WhatsApp platform. We will notify you as soon as practicable of any force majeure event and use reasonable efforts to resume performance.

21.7 Notices

Notices to waInteract must be in writing and sent to support@wainteract.com. Notices to you will be sent to the email address registered on your Account. Notices are deemed received: (a) when delivered, if sent by email (provided no automated delivery failure notice is received); or (b) three business days after posting if sent by post.

21.8 Language

These Terms are written in English. If translated into other languages, the English version shall prevail in the event of any conflict or inconsistency between versions.

21.9 Electronic Signatures

You agree that your electronic acceptance of these Terms (by clicking "Agree", "Sign Up", or similar) constitutes a legally valid and binding signature and has the same legal effect as a handwritten signature under the Information Technology Act, 2000 (India) and applicable electronic signature laws worldwide.

21.10 Headings

Section headings in these Terms are for convenience only and have no legal effect on the interpretation of the provisions they introduce.

If you have any questions, concerns, or disputes regarding these Terms and Conditions, please contact us: