Terms of Service

The Service is a software platform, available through our website at https://www.rayabharitech.com and related applications, that lets a business connect its own WhatsApp Business Account and phone number and send and receive WhatsApp messages through the WhatsApp Business Platform operated by Meta Platforms, Inc. and its affiliates (“Meta”). The Service includes message template management, conversation history, notifications, user management and related tools that we make available from time to time. A description of the Service is available on our WhatsApp Business Messaging page.

We may also provide other software products, consulting and development services under separate written agreements. Where a separate agreement conflicts with these Terms, the separate agreement governs for that engagement.

• The Service is offered to businesses and organisations only. You must be at least 18 years old and legally able to enter into contracts to open an account.
• You must give accurate and complete registration and billing information and keep it up to date.
• You are responsible for keeping your login credentials confidential and for all activity that takes place under your account, including activity by the staff, agents and contractors you invite as users.
• You must tell us promptly at info@rayabharitech.com if you become aware of unauthorised access to your account.
• You are responsible for the content of every message, template, media file and contact list that you or your users upload to or send through the Service.

Your WhatsApp Business Account, the phone numbers registered to it, your Meta Business Portfolio and your relationship with Meta belong to you. We do not own them and we do not become a party to your agreement with Meta.

We act as a technology provider on your behalf. When you connect your account to the Service, you authorise us to access the WhatsApp Business Platform using the permissions you grant, to send and receive messages for you, to register and manage message templates for you, and to retrieve message status information, in each case only as needed to provide the Service to you. You can revoke this authorisation at any time by disconnecting your account or removing our access in your Meta Business settings.

You agree that you will, at all times while using the Service:

• Comply with the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy and the Meta Commerce Policy, as updated by Meta from time to time.
• Have a lawful basis, and obtain any opt-in or consent required by law and by WhatsApp policy, before sending a message to a person. Keep a record of that consent and provide it to us or to Meta on request.
• Honour every request from a person to stop receiving messages promptly, and provide a clear way for people to opt out.
• Not send spam, bulk unsolicited messages, or messages to people who have not agreed to receive them.
• Not send content that is illegal, deceptive, fraudulent, defamatory, obscene, harassing, discriminatory, infringing, or that is prohibited by WhatsApp or Meta policies, including restricted goods and services.
• Comply with all laws that apply to you, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, consumer protection law and telecom regulations on commercial communication.
• Not attempt to access the Service or its infrastructure without authorisation, interfere with its operation, reverse engineer it, or use it to build a competing product.
• Not use the Service to collect or process personal data of children, or health, financial or other sensitive data unless you have the legal right to do so and have told us in advance.

We may review templates and usage for compliance with these Terms and with WhatsApp policy, but we are not obliged to do so and our review does not transfer responsibility for your content to us.

• Our fees for the Service are set out in your order form, quotation or subscription plan. Unless stated otherwise, fees are quoted in Indian Rupees, exclusive of GST and other applicable taxes, and are payable in advance for each billing period.
• Our fees cover the software only. Charges for WhatsApp conversations and messages are set by Meta and billed by Meta directly to your WhatsApp Business Account, under the payment method you have on file with Meta. We do not collect or pass on Meta’s message charges and we are not responsible for changes Meta makes to its pricing, free tiers, conversation categories or billing rules.
• If a payment is late, we may suspend access to the Service after giving you notice, and we may charge interest at the rate permitted by law.
• Fees already paid are not refundable, except where these Terms or applicable law say otherwise.
• We may change our fees on at least 30 days’ written notice. The change takes effect at the start of your next billing period.

The Service depends on the WhatsApp Business Platform and on other third-party services, including cloud hosting and network providers, that we do not control. You acknowledge that:

• Meta may change, restrict, rate-limit or withdraw the WhatsApp Business Platform, its APIs, features or policies at any time, and may restrict, flag or disable your phone number or WhatsApp Business Account based on its own policies and quality ratings.
• We are not responsible for outages, delays, message failures, delivery or read status inaccuracies, or policy decisions that originate with Meta or with other third parties, and we are not liable for any loss resulting from them.
• We will use reasonable efforts to keep the Service available and to give notice of planned maintenance, but we do not guarantee uninterrupted or error-free operation.
• Your use of WhatsApp remains subject to your own agreement with Meta, and any dispute about that agreement is between you and Meta.

You may stop using the Service and close your account at any time by emailing info@rayabharitech.com. If you are on a fixed-term plan, fees for the remainder of the term stay payable unless your order form says otherwise.

We may suspend or terminate your access to the Service, with notice where practical, if:

• you breach these Terms, the WhatsApp Business Terms of Service or the WhatsApp Business Messaging Policy;
• Meta requires us to do so, or restricts or disables the account or number you use with the Service;
• your fees are overdue and remain unpaid after notice;
• your use poses a security, legal or reputational risk to us, to other customers or to the people you message; or
• we discontinue the Service, in which case we will give you at least 30 days’ notice and refund any prepaid fees for the unused period.

On termination your right to use the Service ends. Your message history and other data remain available for export for 90 days after termination, after which we delete or anonymise them as described in our Privacy Policy, except for records we must keep by law. Sections 5, 8, 9, 10, 11 and 12 survive termination.

The Service, our website, our software, documentation, designs, trademarks and logos are owned by us or our licensors and are protected by copyright, trademark and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during your subscription, subject to these Terms. No other rights are granted.

You keep ownership of the content, contact data and messages you upload to or send through the Service (“Customer Content”). You grant us a licence to host, store, transmit and process Customer Content only as needed to provide the Service to you and to comply with law. If you give us feedback or suggestions about the Service, we may use them without any obligation to you.

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will meet your requirements, be uninterrupted or error-free, or that messages will be delivered, read or acted on. You are responsible for deciding whether the Service is suitable for your use and for complying with the laws that apply to your business.

To the fullest extent permitted by applicable law:

• We are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, arising out of or in connection with the Service or these Terms, however caused.
• Our total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms in any 12-month period is limited to the fees you paid us for the Service in that period.
• Nothing in these Terms limits liability for fraud, wilful misconduct or any liability that cannot be limited under applicable law.

You will defend, indemnify and hold harmless Rayabhari Technologies Private Limited, its directors, employees and contractors from and against all claims, losses, damages, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to: your Customer Content; your use of the Service in breach of these Terms, of law or of Meta or WhatsApp policies; messages you send without a lawful basis or required consent; or any claim brought by a person you have messaged or by Meta in connection with your use of the Service.

These Terms are governed by the laws of India. Subject to any mandatory law to the contrary, the courts at Bengaluru, Karnataka have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service. Before starting proceedings, each party agrees to try in good faith to resolve the dispute by discussion between senior representatives for at least 30 days.

We may update these Terms from time to time, for example to reflect changes in the Service, in the law or in Meta’s requirements. We will post the updated Terms on this page and change the “Last updated” date. For material changes we will also notify you by email or through the Service at least 15 days before they take effect. If you do not agree to the updated Terms you may close your account before they take effect. Continued use after that date means you accept them.

If any provision of these Terms is found to be unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent. These Terms, together with your order form and our Privacy Policy, are the entire agreement between you and us about the Service.

Questions about these Terms, notices and legal correspondence should be sent to the details below.