Terms of Service

1. Definitions

In these Terms:

• "WayScend," "we," "us," or "our" refers to WayScend and its operators.
• "Platform" means the WayScend web application, APIs, WhatsApp messaging service, team inbox, campaign management tools, and all related software.
• "Customer," "you," or "your" means the business entity or individual who registers for and uses the Platform.
• "Contact" means any phone number or individual that you upload, import, or otherwise submit to the Platform for WhatsApp messaging or inbox management.
• "Campaign" means a bulk WhatsApp message broadcast configured and launched through the Platform.
• "WABA" means WhatsApp Business Account — the Meta-verified business account connected to your WayScend workspace.
• "Subscription" means the paid plan you select that governs your access to the Platform.

2. Eligibility and Account Registration

To use WayScend you must:

• Be a legally registered business entity or a sole proprietor with a valid GST registration.
• Be at least 18 years of age and have the legal authority to enter into binding agreements on behalf of your organisation.
• Provide accurate, complete, and up-to-date registration information including your business name, GST number, and contact details.
• Not have been previously suspended or terminated from the Platform for a breach of these Terms.

WayScend reserves the right to approve or reject any enrollment application at its sole discretion.

3. Platform Services

3.1 WhatsApp Business Messaging

WayScend enables you to send and receive WhatsApp messages via Meta's WhatsApp Business API through your connected WABA. You acknowledge that:

• All outbound (business-initiated) messages must use Meta-approved message templates. You are responsible for obtaining template approval and for the content of those templates.
• You are solely responsible for ensuring that recipients have provided the required consent to receive WhatsApp communications from your business, as required by Meta's Business Messaging Policy and applicable law.
• WhatsApp message deliverability, read receipts, and response rates are subject to Meta's platform policies and the recipient's device and settings, which WayScend cannot guarantee or override.
• Media files, documents, and other content shared via WhatsApp are provided by you. WayScend does not review or endorse the accuracy of such materials.
• You must not use the Platform to send spam, unsolicited promotional content, or messages that violate Meta's policies or applicable law.

3.2 Shared Team Inbox

The Platform provides a shared inbox for your team to manage inbound and outbound WhatsApp conversations. You are responsible for the actions and communications of all agents you invite to your workspace.

3.3 Campaign Management and Analytics

The Platform provides tools to configure bulk message campaigns, manage contact lists and segments, set up automation rules, and review performance analytics. These tools are provided on an "as is" basis and are subject to maintenance windows and availability limitations set out in Section 10.

4. Your Responsibilities and Acceptable Use

You agree that you will:

• Only upload contact lists for which you hold valid consent to receive WhatsApp communications from your business, as required by Meta's policies and applicable law.
• Honour opt-out requests from contacts and not re-add opted-out contacts to campaigns or messaging lists.
• Not use the Platform to send messages that are abusive, harassing, fraudulent, defamatory, or otherwise unlawful.
• Not attempt to reverse-engineer, decompile, or otherwise extract the source code or underlying models of the Platform.
• Not share your account credentials with third parties or allow others to access the Platform on your behalf without our written consent.
• Promptly notify us at support@wayscend.com if you become aware of any unauthorised use of your account.
• Comply with all applicable laws, regulations, and industry codes in your use of the Platform.

5. Subscriptions, Billing, and Payment

5.1 Plans and Contact Limits

WayScend offers monthly subscription plans based on the number of active contacts in your workspace. Your chosen plan is set out in your enrollment confirmation. If you exceed your plan's contact limit, overage charges apply at the per-contact rate specified in your plan.

5.2 Meta Conversation Fees

In addition to WayScend subscription fees, Meta charges per-conversation fees for business-initiated WhatsApp messages. These fees are billed by Meta directly to your WhatsApp Business Account and are separate from WayScend's charges. WayScend is not responsible for Meta's fee structure or changes to it.

5.3 Payment Terms

• Subscriptions are billed monthly in advance on your billing date.
• All prices are in Indian Rupees (INR) and are exclusive of applicable taxes (GST).
• Payment is due within 7 days of invoice issuance. Late payments may result in suspension of your account.
• All charges are non-refundable unless otherwise stated in writing by WayScend.

5.4 Plan Changes

You may upgrade your plan at any time; the new plan takes effect immediately and you will be charged a prorated amount for the remainder of the billing cycle. Downgrades take effect at the start of the next billing cycle.

6. Cancellation and Termination

6.1 Cancellation by You

You may cancel your subscription at any time by contacting us at support@wayscend.com. Cancellation takes effect at the end of your current billing period, after which your access to the Platform will be deactivated. No partial refunds are issued for unused time in the current billing month.

6.2 Termination by WayScend

We may suspend or terminate your account immediately if:

• You breach any provision of these Terms.
• We are required to do so by applicable law or regulatory order.
• We reasonably suspect fraudulent, abusive, or unlawful use of the Platform.

In the event of termination for cause, no refund will be issued. We will provide reasonable notice where legally required.

6.3 Data Retention on Termination

Upon termination or cancellation, your data (including contact lists, message history, and templates) will be retained for 30 days, after which it will be permanently deleted. You may request an export of your data within this 30-day window. Billing records are retained for 7 years as required by applicable law.

7. Data, Privacy, and Security

WayScend collects and processes personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to such collection and processing.

You acknowledge that:

• You are the data controller for all personal data within your contact lists, and WayScend acts as a data processor on your behalf.
• You are responsible for obtaining all necessary consents from your contacts before uploading their data to the Platform.
• WayScend implements industry-standard technical and organisational security measures, but cannot guarantee absolute security against all threats.
• WhatsApp message history may be stored for quality assurance, product improvement, and dispute resolution purposes.

8. Intellectual Property

WayScend and its licensors retain all intellectual property rights in the Platform, including its underlying AI models, software, design, and branding. Nothing in these Terms grants you any ownership rights in the Platform.

You retain all intellectual property rights in the content you provide, including scripts, contact data, and marketing materials. By uploading content to the Platform, you grant WayScend a non-exclusive, worldwide, royalty-free licence to use that content solely to deliver the services described in these Terms.

9. Confidentiality

Each party agrees to keep the other's confidential information strictly confidential and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives the termination of these Terms for a period of 3 years.

10. Service Availability and SLA

WayScend targets 99.9% platform uptime per calendar month, excluding scheduled maintenance windows. Scheduled maintenance will be notified at least 48 hours in advance via email. We do not guarantee WhatsApp message delivery rates, read rates, or conversion outcomes, as these depend on Meta's infrastructure and recipient behaviour beyond our control.

11. Disclaimers and Limitation of Liability

The Platform is provided "as is" and "as available." To the fullest extent permitted by applicable law, WayScend disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

In no event shall WayScend's aggregate liability to you for any claims arising under or in connection with these Terms exceed the total amounts paid by you to WayScend in the 3 months immediately preceding the claim. WayScend shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.

12. Indemnification

You agree to indemnify, defend, and hold harmless WayScend, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of the Platform in breach of these Terms.
• Your violation of any applicable law, including TRAI regulations and data protection laws.
• Any content or materials you upload or transmit through the Platform.
• Claims by your contacts or third parties arising from WhatsApp messages sent from your account through the Platform.

13. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.

Before initiating formal proceedings, each party agrees to attempt in good faith to resolve disputes amicably within 30 days of written notice of the dispute.

14. Amendments

WayScend reserves the right to amend these Terms at any time. Material changes will be communicated via email to your registered address at least 14 days before they take effect. Your continued use of the Platform after the effective date of any amendment constitutes your acceptance of the updated Terms.

15. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and WayScend regarding the Platform and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
• Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. WayScend may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact Us

For questions about these Terms, please contact us:

• Email: support@wayscend.com
• Product: wayscend.com