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Terms of Service

Effective Date: January 1, 2025 Last Updated: January 1, 2025

These Terms of Service ("Terms") govern your use of the Zaptra platform and related services ("Service") provided by Zaptra ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms. These Terms are governed by Indian law and comply with applicable Indian regulations.

1. Acceptance of Terms

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

2. Description of Service

Zaptra is a WhatsApp Business automation platform that enables businesses to:

  • Automate WhatsApp messaging and customer communication
  • Manage customer contacts and conversations
  • Create and deploy chatbots and automated workflows
  • Integrate with WhatsApp Business API
  • Access analytics and reporting features
  • Manage marketing campaigns and customer journeys

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts under Indian law. If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

3.2 Account Registration

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • You may not transfer your account to another party without our written consent

3.3 Business Verification

For WhatsApp Business API integration, you may need to complete business verification processes as required by Meta (WhatsApp) and applicable regulations.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Service only for lawful business purposes in compliance with:

  • These Terms of Service
  • WhatsApp Business Policy and Terms
  • Indian laws and regulations
  • Applicable data protection and privacy laws

4.2 Prohibited Uses

You agree not to use our Service to:

  • Send spam, unsolicited messages, or engage in bulk messaging without proper consent
  • Violate any applicable laws, regulations, or third-party rights
  • Transmit harmful, offensive, or illegal content
  • Impersonate any person or entity
  • Interfere with or disrupt our Service or servers
  • Attempt to gain unauthorized access to our systems
  • Use our Service for fraudulent or deceptive practices
  • Violate WhatsApp's terms of service or business policies
  • Send messages that violate the Telecom Regulatory Authority of India (TRAI) guidelines

5. WhatsApp Integration and Compliance

5.1 WhatsApp Business API

Our Service integrates with WhatsApp Business API. Your use of WhatsApp features is subject to:

  • WhatsApp Business Terms of Service
  • WhatsApp Business Policy
  • Meta's terms and policies

5.2 Message Compliance

You are responsible for ensuring that all messages sent through our platform comply with:

  • TRAI regulations on commercial communications
  • WhatsApp's messaging policies
  • Applicable consent requirements
  • Anti-spam regulations

5.3 Opt-in Requirements

You must obtain proper consent from recipients before sending them messages through our platform, in accordance with Indian telecom regulations and WhatsApp policies.

6. Subscription Plans and Billing

6.1 Subscription Plans

We offer various subscription plans with different features and usage limits. Plan details, pricing, and features are available on our website.

6.2 Payment Terms

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as expressly stated in these Terms
  • Prices are subject to change with 30 days' notice
  • You authorize us to charge your payment method for all applicable fees

6.3 Auto-Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.

6.4 Taxes

All fees are exclusive of applicable taxes, which you are responsible for paying.

7. Data and Privacy

7.1 Data Ownership

You retain ownership of all data you upload or create using our Service. We do not claim ownership of your content or customer data.

7.2 Data Processing

We process your data in accordance with our Privacy Policy and applicable Indian data protection laws.

7.3 Data Security

We implement reasonable security measures to protect your data, but cannot guarantee absolute security.

7.4 Data Backup

You are responsible for maintaining backups of your important data. We may provide backup features but do not guarantee data recovery.

8. Intellectual Property Rights

8.1 Our Rights

The Service, including all software, content, trademarks, and intellectual property, is owned by us or our licensors and is protected by Indian and international intellectual property laws.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use our Service in accordance with these Terms.

8.3 User Content

You grant us a license to use, store, and process your content solely for the purpose of providing our Service.

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. We may experience downtime for maintenance, updates, or technical issues.

9.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Service with reasonable notice.

9.3 Third-Party Dependencies

Our Service depends on third-party services (including WhatsApp). We are not responsible for third-party service interruptions or changes.

10. Limitation of Liability

10.1 Disclaimer of Warranties

Our Service is provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

10.2 Limitation of Damages

To the maximum extent permitted by Indian law, our total liability for any claims arising from these Terms or your use of our Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10.3 Exclusion of Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

  • Your use of our Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of applicable laws or regulations

12. Termination

12.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings.

12.2 Termination by Us

We may terminate or suspend your account immediately if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Fail to pay applicable fees
  • Violate WhatsApp's terms or policies

12.3 Effect of Termination

Upon termination:

  • Your access to the Service will cease
  • You remain liable for all charges incurred before termination
  • We may delete your data after a reasonable period
  • Provisions that should survive termination will remain in effect

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in [City], India.

13.3 Arbitration

Before pursuing court action, parties agree to attempt resolution through binding arbitration under the Arbitration and Conciliation Act, 2015.

13.4 Grievance Redressal

For complaints or grievances, contact our Grievance Officer:

Email: Support@zaptra.in Phone: 9948000364

14. Compliance with Indian Laws

14.1 Information Technology Act

Our Service complies with the Information Technology Act, 2000, and related rules and regulations.

14.2 TRAI Regulations

We comply with TRAI regulations regarding commercial communications and unsolicited messages.

14.3 Data Localization

We maintain data processing and storage practices in compliance with Indian data localization requirements.

15. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of our Service.

18. Modifications to Terms

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be notified through email or prominent notice on our platform. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

19. Contact Information

For questions about these Terms, please contact us:

Email: Support@zaptra.in Phone: 9948000364

These Terms of Service are governed by Indian law and designed to comply with applicable Indian regulations. For the most current version, please visit our website.