Terms of Service

1.Agreement to these Terms

These Terms of Service ("Terms") form a binding agreement between you (the "Customer", "you") and Veda Tech World ("WhatFlare", "we", "us"), the operator of the WhatFlare platform.

By creating an account, accessing the Services, or clicking to accept, you agree to these Terms. If you are accepting on behalf of an organisation, you confirm you have authority to bind that organisation, and "you" means that organisation.

If you do not agree, do not use the Services.

2.Definitions

• Services — the WhatFlare platform, websites, APIs, mobile applications and related support.
• Customer Data — data you or your end users submit to the Services, including contacts, message content and media.
• End User — a person your business communicates with through the Services.
• WABA — a WhatsApp Business Account issued by Meta.
• Wallet — your prepaid balance used to settle message and usage charges.

3.Accounts and eligibility

• You must be at least 18 and able to form a binding contract.
• The Services are for business use. They are not offered for personal or household purposes.
• You must provide accurate registration information and keep it current.
• You are responsible for all activity under your account and for safeguarding credentials. Notify us immediately at [email protected] if you suspect unauthorised access.
• You are responsible for the acts and omissions of your team members and any agent you give access to.

4.The Services

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Services during your subscription term.

We may add, modify or discontinue features. Where we discontinue a material feature you rely on, we will give reasonable prior notice.

5.Meta and WhatsApp — flow-down obligations

The Services deliver messages through the WhatsApp Business Platform operated by Meta Platforms, Inc. This section is important and takes precedence over any conflicting expectation you may have.

• Your use of WhatsApp through the Services is additionally governed by Meta's terms, including the WhatsApp Business Messaging Policy, the WhatsApp Business Terms of Service and Meta's Commerce Policy. You must comply with them.
• You must obtain valid, documented opt-in from every recipient before messaging them, as required by Meta and by applicable law.
• Meta may suspend, restrict, rate-limit or ban a phone number or WABA at its sole discretion. We do not control these decisions and are not liable for them. We will pass on the information Meta gives us and assist where we reasonably can.
• Meta sets and may change message pricing, quality ratings and messaging limits. Changes by Meta flow through to you.
• Template approval is decided by Meta, not by us. We cannot guarantee approval or a particular approval time.
• Where we act as a technology provider for your WABA, you authorise us to perform account management actions on your behalf — registering numbers, submitting templates, subscribing webhooks and reading account status.

6.Your responsibilities

You are solely responsible for Customer Data and for how you use the Services. You must:

• Comply with our Acceptable Use Policy, which is incorporated into these Terms.
• Hold all rights and consents needed for the Customer Data you upload.
• Comply with applicable law — including data protection law, consumer protection law, anti-spam law and any sector rules that apply to your business.
• Maintain your own privacy notice to your End Users.
• Not resell, sublicense or white-label the Services without our written agreement.
• Not reverse engineer, scrape, or circumvent rate limits or security controls.

7.Fees, billing and taxes

• Fees are as shown on our pricing page or in your order form at the time of purchase.
• Subscription fees are billed in advance and, unless stated otherwise, are non-refundable except as set out in our Refund Policy or as required by law.
• Subscriptions renew automatically for successive terms unless cancelled before the renewal date. You may cancel renewal at any time from your account settings.
• Message charges are billed based on Meta's rates for the relevant conversation category and destination, plus any platform fee disclosed at purchase.
• Prices are exclusive of taxes. You are responsible for GST, VAT and other applicable taxes, except taxes on our income.
• We may change pricing with at least 30 days notice, effective from your next renewal.
• Overdue amounts may accrue interest at 1.5% per month, and we may suspend the Services for non-payment after notice.

8.Wallet and credits

• Wallet top-ups are prepaid and drawn down as you use the Services.
• Wallet balances are not a deposit and carry no interest.
• Unless required by law, wallet balances are non-refundable and non-transferable between accounts. See the Refund Policy for the limited exceptions.
• Unused balance may expire 12 months after the last top-up, or on account closure. We will notify you before any expiry.
• Promotional or bonus credits carry no cash value and expire as stated when issued.

9.Third-party services

The Services integrate with third parties — Meta, payment gateways, CRMs, e-commerce platforms and AI providers. Those services are governed by their own terms. We are not responsible for their availability, accuracy or acts. Connecting an integration authorises the data exchange that integration describes.

10.Data protection

Our handling of personal data is described in our Privacy Policy. For Customer Data, you are the controller and we are the processor. Customers subject to the GDPR or the India DPDP Act may request our Data Processing Addendum from [email protected].

11.Intellectual property

• We and our licensors own all rights in the Services, including software, designs and trademarks. These Terms grant you a right to use, not any ownership.
• You own your Customer Data. You grant us a limited licence to host, process and transmit it solely to provide the Services and as your instructions require.
• If you send us feedback or suggestions, we may use them without obligation or compensation.
• You may not use our name, logo or brand without written permission, except to state factually that you use the Services.

12.Confidentiality

Each party may receive non-public information from the other. Each will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisers bound by similar obligations, or as legally required.

13.Service availability

We aim for high availability but do not guarantee uninterrupted service on standard plans. Planned maintenance will be notified in advance where practicable. A specific uptime commitment applies only if stated in a written Service Level Agreement for your plan.

We are not responsible for downtime caused by factors outside our control, including failures of Meta's platform, your network, or your own integrations.

14.Suspension

We may suspend your access, in whole or part, where:

• You materially breach these Terms or the Acceptable Use Policy
• Your use threatens the security, integrity or availability of the Services
• We are required to by law, or directed to by Meta
• Payment is overdue after notice

Except where an immediate suspension is necessary, we will give notice and a reasonable opportunity to cure.

15.Term and termination

• These Terms apply from account creation until terminated.
• You may terminate at any time from your account settings or by contacting support.
• We may terminate for material breach that is not cured within 14 days of notice, or immediately for serious violations of the Acceptable Use Policy.
• On termination your right to use the Services ends. You may export your data for 30 days after termination, after which we delete it per our retention schedule.
• Sections on fees owed, IP, confidentiality, warranties, liability, indemnity and governing law survive termination.

16.Disclaimer of warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Services will be uninterrupted or error-free, that message delivery will always succeed, that Meta will approve any template, or that any particular business result will follow from using the Services.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

17.Limitation of liability

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if advised of the possibility.
• Our total aggregate liability arising out of or relating to these Terms is limited to the amounts you paid us for the Services in the 12 months immediately before the event giving rise to the claim.
• We are not liable for loss arising from Meta's suspension, restriction or banning of any account or phone number, or from Meta's pricing, policy or platform changes.

These limits apply in aggregate across all claims and regardless of the theory of liability.

18.Indemnity

You will defend, indemnify and hold us harmless from claims, damages and reasonable costs arising from: your Customer Data; your use of the Services in breach of these Terms or the Acceptable Use Policy; your violation of law or of Meta's policies; or a claim by an End User relating to messages you sent.

19.Changes to these Terms

We may update these Terms. For material changes we will give account holders at least 30 days notice by email or in-product notice. Continuing to use the Services after the effective date means you accept the revised Terms. If you do not accept them, you may terminate before they take effect.

20.Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-laws rules. The courts at Botad, Gujarat, India have exclusive jurisdiction, and both parties submit to that jurisdiction.

Before filing a claim, the parties will attempt to resolve the dispute in good faith for 30 days after written notice.

21.General

• Entire agreement — these Terms, the Privacy Policy, the Acceptable Use Policy, the Refund Policy and any order form are the whole agreement between us.
• Order of precedence — a signed order form or DPA prevails over these Terms to the extent of conflict.
• Severability — if a provision is unenforceable, the rest remains in effect.
• No waiver — failure to enforce a provision is not a waiver of it.
• Assignment — you may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger or sale.
• Force majeure — neither party is liable for delay caused by events beyond reasonable control.
• Notices — we send notices to your account email. You send notices to [email protected].
• Independent contractors — nothing here creates a partnership, agency or employment relationship.

22.Contact