Terms of Service

By accessing or using the ChatSarthi platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms. Please read them carefully before using the platform.

1. Relationship with Meta and WhatsApp

ChatSarthi provides access to the WhatsApp Business API as an officially recognised Meta Technical Provider. Your use of the Service is also subject to the following Meta/WhatsApp policies, which form part of your obligations:

• WhatsApp Business Solution Terms
• WhatsApp Business Messaging Policy
• Meta Commercial Terms
• Meta Business SDK Terms

Failure to comply with Meta's policies may result in the immediate suspension or permanent ban of your WhatsApp Business Account (WABA) by Meta, independent of any action by ChatSarthi. ChatSarthi is not liable for any such action taken by Meta.

2. Eligibility and Account Responsibility

• Eligibility: The Service is available to registered business entities and sole proprietors operating lawfully in India. By signing up, you represent that you are at least 18 years old and have the legal authority to enter into this agreement.
• Account Security: You are responsible for all activity occurring under your account. You must maintain the confidentiality of your registered WhatsApp number used for login, which is authenticated via one-time password (OTP).
• Accurate Information: You agree to provide accurate, current, and complete information during registration and to update it promptly if it changes. Providing false information may result in immediate account termination.

3. Prohibited Uses

You agree not to use the Service, directly or indirectly, to:

• Send unsolicited bulk messages (spam) or messages to users who have not opted in.
• Transmit content that is fraudulent, deceptive, misleading, or impersonates another person or entity.
• Promote, sell, or distribute illegal goods or services, including but not limited to: narcotics, weapons, counterfeit products, or human trafficking.
• Send adult content, sexually explicit material, or content targeting minors inappropriately.
• Engage in financial scams, pyramid schemes, or multi-level marketing of a fraudulent nature.
• Distribute malware, phishing links, or any content designed to compromise the security of recipients.
• Harass, abuse, threaten, or discriminate against individuals on the basis of religion, caste, gender, race, or any other protected characteristic.
• Violate any applicable Indian law, including the Information Technology Act 2000, the DPDP Act 2023, or any state legislation.
• Attempt to circumvent, reverse-engineer, or interfere with ChatSarthi's platform or Meta's API infrastructure.
• Use the Service on behalf of a client or third party without their written authorisation.

Violation of any of the above may result in immediate account suspension without prior notice and reporting to relevant authorities.

4. WhatsApp Embedded Signup

By using our Embedded Signup flow, you expressly authorise ChatSarthi to:

• Create and manage your WhatsApp Business Account (WABA) on your behalf within Meta Business Manager.
• Access your Meta Business Portfolio for the limited purpose of API integration and chatbot deployment.
• Submit, manage, and update WhatsApp message templates on your behalf for Meta's approval.
• Register and verify phone numbers for WhatsApp Business API use.

You may revoke this authorisation at any time by contacting support@chatsarthi.com, subject to any outstanding obligations.

5. Fees, Payments and Refunds

• One-Time Setup Fee: A non-refundable setup fee is charged upon account activation to cover onboarding, API configuration, and chatbot template setup.
• Monthly Subscription: Subscription fees are billed monthly or annually in advance based on your selected plan. Fees are listed on our Pricing page and may be updated with 30 days' notice.
• Meta Conversation Charges: You are responsible for all conversation-based charges levied by Meta on your WhatsApp Business Account. These charges are separate from ChatSarthi's subscription fee and are billed by Meta directly or passed through by ChatSarthi depending on your plan.
• Payment Processing: All payments are processed via Razorpay and are subject to Razorpay's terms and applicable GST.
• Refund Policy: Subscription fees are non-refundable except where required by Indian consumer protection law. If you cancel your subscription, you retain access until the end of the current billing period. Setup fees are non-refundable under any circumstances.
• Failed Payments: If a payment fails, we will notify you and attempt to retry. Accounts with outstanding payments may be suspended after 7 days.

6. Service Level Agreement (SLA)

ChatSarthi targets a platform uptime of 99.9% per calendar month, excluding scheduled maintenance and events outside our reasonable control. Scheduled maintenance will be communicated at least 24 hours in advance via email. In the event of downtime exceeding the SLA, Business Clients on Professional and Enterprise plans may request a pro-rated credit for the affected period by writing to support@chatsarthi.com within 7 days. SLA credits are the sole remedy for downtime and do not apply to downtime caused by Meta/WhatsApp infrastructure, the Business Client's actions, or force majeure events.

7. Data Ownership and Intellectual Property

• Your Data: You retain full ownership of all data you provide to the Service, including lead data, conversation histories, and business information.
• Chatbot Flows: Chatbot conversation flows and templates that you customise within the ChatSarthi platform belong to you. You may export or migrate them upon account closure.
• ChatSarthi Platform: All intellectual property in the ChatSarthi platform — including software, UI design, underlying technology, algorithms, and pre-built templates — belongs exclusively to ChatSarthi. You receive a limited, non-exclusive, non-transferable licence to use the platform during your active subscription.
• Licence to Process: You grant ChatSarthi a limited, revocable licence to process your data solely to provide the Service and to improve platform performance in an aggregated, anonymised manner.

8. Account Suspension and Termination

Either party may terminate this agreement at any time. The following applies:

• Termination by You: You may cancel your subscription at any time from your dashboard. Access continues until the end of your current billing period. No partial refunds are issued.
• Suspension for Policy Violation: We reserve the right to suspend your account immediately and without prior notice if you violate these Terms, Meta's policies, or applicable Indian law. We will notify you of the reason for suspension within 24 hours where legally permissible.
• Suspension for Non-Payment: We will provide 7 days' written notice before suspending an account for non-payment.
• Termination by Meta: If Meta suspends or terminates your WABA, ChatSarthi is not obligated to continue providing the Service and no refund will be issued.
• Data on Termination: Upon termination, your data will be retained for 90 days and then permanently deleted. You may request an export of your lead data within this 90-day window.

9. Indemnification

You agree to indemnify, defend, and hold harmless ChatSarthi, its founders, employees, and partners from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your violation of Meta's WhatsApp Business policies; (c) any claim by an end-customer arising from messages you send via the platform; (d) your breach of applicable law, including the DPDP Act 2023; or (e) your infringement of any third-party rights.

10. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ChatSarthi does not warrant that: (a) the Service will be uninterrupted or error-free; (b) message delivery via WhatsApp will be guaranteed; (c) the Service will meet your specific business requirements; or (d) any defects will be corrected within a specific timeframe. Use of the Service is at your sole risk.

11. Limitation of Liability

To the maximum extent permitted by applicable Indian law, ChatSarthi shall not be liable for: (a) any indirect, incidental, consequential, special, or punitive damages; (b) loss of profits, revenue, data, or business opportunities; (c) service interruptions or API downtime caused by Meta, WhatsApp, or third-party infrastructure; (d) account suspensions or bans imposed by Meta; or (e) changes in Meta's pricing, policies, or API structure. ChatSarthi's total aggregate liability to you for any claim arising under these Terms shall not exceed the total subscription fees paid by you to ChatSarthi in the three months immediately preceding the event giving rise to the claim.

12. Force Majeure

ChatSarthi shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: Meta or WhatsApp API outages or policy changes; internet infrastructure failures; government orders, regulations, or restrictions; natural disasters; strikes; pandemics; or actions of third-party service providers. We will notify you promptly of any such event and resume performance as soon as reasonably practicable.

13. Dispute Resolution

We encourage you to contact us first at support@chatsarthi.com to resolve any dispute informally. If a dispute cannot be resolved within 30 days of written notice, the parties agree to submit the dispute to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), conducted by a sole arbitrator mutually agreed upon by the parties. The seat of arbitration shall be Ahmedabad, Gujarat. The language of arbitration shall be English. The arbitrator's decision shall be final and binding. Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, any disputes not resolved by arbitration shall be subject to the jurisdiction of the courts located Ahmedabad, Gujarat.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will: (a) update the "Last Updated" date at the top of this page; (b) send an email notification to your registered email address at least 30 days before the changes take effect for material changes; and (c) display a notice on the platform. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those Terms. If you do not agree to the updated Terms, you may cancel your subscription before the effective date.

16. Contact Information