Terms of Service

WhatsMarketing is a service operated by Uttam Solution, a business registered in India under GSTIN 24FMOPS3881N1Z1 (“WhatsMarketing”, “we”, “us”, “our”). These Terms govern your access to and use of https://whatsmarketing.in, our platform, and our services. By accessing or using the website, platform, or services, you confirm that you have read, understood and agreed to these Terms and to our Privacy Policy and Refund Policy. If you do not agree, do not use the services.

1. Eligibility & agreement

By using the website or services, you affirm that you have full authority to act on behalf of yourself and any company or legal entity you represent. Access is prohibited to individuals covered by the Children’s Online Privacy Protection Act (COPPA) of 1998, and the services are not directed to or intended for use by minors. We may deny access to any person for any lawful reason. We may update these Terms periodically; you are responsible for reviewing this page, and continued use after changes constitutes acceptance.

2. Our services

WhatsMarketing provides an omnichannel customer-engagement platform comprising (a) messaging across WhatsApp, Instagram, Facebook/Messenger and a website chatbot through a shared inbox with a no-code automation builder, and (b) AI voice-calling agents. The specific features available to you depend on the plan you purchase.

3. Dependence on third-party platforms and providers — IMPORTANT

Our services are built on, and depend on, services provided by third parties that we do not own or control, including but not limited to Meta Platforms, Inc. (the WhatsApp Business Platform, Instagram, and Facebook/Messenger), AI voice and telephony infrastructure providers, payment gateways, analytics providers, and hosting providers (collectively, “Third-Party Providers”). You acknowledge and agree that:

• the availability, functionality, features, policies, pricing and continued operation of Third-Party Providers are determined solely by those providers and may change, be suspended, be deprecated or be discontinued at any time, with or without notice;
• we are not responsible or liable for any outage, downtime, error, data loss, delay, interruption, suspension, account restriction, policy change or price change caused by any Third-Party Provider; and
• your use of those third-party services may also be subject to their own terms and policies, which you are responsible for complying with.

4. WhatsApp Business Platform, Meta approval and account standing — IMPORTANT

We facilitate your onboarding to the WhatsApp Business Platform and related Meta services, but we do not control and do not guarantee:

• approval of your account, business verification, display-name approval, the green/verified tick, message-template approval, or messaging limits and quality ratings — all of which are determined solely by Meta under Meta’s policies;
• message deliverability, or that messages will not be delayed, filtered or blocked by Meta or by recipient carriers; or
• continued access to your WhatsApp Business account.

Any rejection, suspension, ban, rate limiting, quality-rating change, template disapproval or policy enforcement by Meta is outside our control and is not our responsibility or liability. You are solely responsible for complying with Meta’s WhatsApp Business Messaging Policy, Commerce Policy and Business Terms, and with all applicable laws on consent and unsolicited messaging — including, where applicable, the Digital Personal Data Protection Act, 2023, TRAI regulations, and do-not-disturb (DND) requirements. You are responsible for obtaining and maintaining recipient consent before messaging.

5. Messaging charges

Per-message and per-conversation charges for the WhatsApp Business Platform are set and billed by Meta at Meta’s then-current rates. We do not add any markup to those charges. Changes to Meta’s rates are outside our control.

6. AI voice services

AI voice-calling features operate on third-party voice and telephony infrastructure and are provided on an “as is” and “as available” basis. Call connectivity, quality, latency and language performance depend on networks, carriers and providers we do not control. You are responsible for using voice features lawfully, including obtaining any required consent and observing permitted calling hours and do-not-disturb requirements where applicable.

7. Partner, reseller and white-label programs

If you participate in our affiliate, reseller or white-label programs, additional program terms apply. You are solely responsible for your own end-customers, including their onboarding, billing, support and legal compliance. Our contractual relationship is with you, not with your end-customers. White-label voice services run on third-party infrastructure provided “as is”, and the disclaimers and limitations in these Terms apply to them in full. Commissions, fees and payouts are governed by the applicable program terms in effect at the relevant time.

8. Acceptable use

You agree not to use the services to send spam or unsolicited messages, to message recipients without lawful consent, to transmit unlawful, infringing, deceptive or harmful content, or to violate any applicable law or any Third-Party Provider’s policy. We may suspend or terminate access for any actual or suspected violation.

9. User accounts

You may be required to register. You agree to keep your credentials confidential and are responsible for all activity under your account. You represent that your registration information is true, accurate, current and complete, and that you will keep it updated. You agree not to access the services through automated or non-human means or for any unlawful purpose. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse current or future use of the services. We may remove or reclaim a username we determine to be inappropriate.

10. Intellectual property

Unless otherwise indicated, the website, platform and their contents — including source code, databases, functionality, software, designs, text, graphics, audio and video (the “Content”), and the trademarks, service marks and logos (the “Marks”) — are our proprietary property or are licensed to us, and are protected by intellectual-property laws. No part may be copied, reproduced, republished, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express written permission. Subject to your eligibility to use the services, you are granted a limited, non-exclusive licence to access and use them for your own internal business purposes. Unless expressly authorised, you may not hyperlink to, frame, or co-brand the website or its contents.

11. Trademarks and third-party references

WhatsApp, Instagram, Facebook, Meta, WordPress, Google and other names and logos are trademarks of their respective owners and are used for reference purposes only. This website and WhatsMarketing are not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc.

12. Disclaimers

The website, platform and services are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the services will be uninterrupted, error-free or secure, or that any particular business result — including any lead, conversion, deliverability, ranking or revenue — will be achieved. We disclaim responsibility for the accuracy of content on or linked from the website; you rely on it at your own risk. We are not responsible for damage to your systems or data resulting from your use of the services.

13. Limitation of liability

To the maximum extent permitted by law, WhatsMarketing and Uttam Solution will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or related to the services, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or related to the services will not exceed the amount you actually paid to us for the services in the three (3) months immediately preceding the event giving rise to the claim. You also agree that we are not liable for any matter beyond our reasonable control, including acts of God, war, terrorism, civil unrest, criminal activity, natural disasters, epidemics, labour or material shortages, communication or network failures, or the acts, omissions or failures of any Third-Party Provider. For jurisdictions that do not allow certain exclusions, our liability is limited to the smallest amount permitted by law.

14. Indemnification

If your use of the services causes damage to us or to a third party, you agree to indemnify, defend and hold us harmless against any related claims, damages, losses and expenses.

15. Suspension and termination

These Terms remain in effect while you use the services. We may deny access to, restrict or disable the services for any person for any reason, without notice or liability, and may terminate your account or remove your content at any time. If your account is terminated, you may not register a new account under your name or any third party’s name. We reserve the right to pursue civil, criminal or injunctive remedies. Access may also be affected by actions of Third-Party Providers that are outside our control.

16. Changes to these Terms

We may update these Terms from time to time by posting the updated version on this page. Continued use after changes constitutes acceptance.

17. Governing law and jurisdiction

These Terms are governed by the laws of India. Subject to applicable law, the courts at Ahmedabad, Gujarat, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the services.

18. Contact

Uttam Solution (operating as WhatsMarketing) — GSTIN 24FMOPS3881N1Z1. Registered office: Shail Complex, 409, Chimanlal Girdharlal Rd, behind Girish Cold Drinks, Mithakhali, Navrangpura, Ahmedabad, Gujarat 380006. Email: support@whatsmarketing.in. Support: https://support.whatsmarketing.in.