These Terms & Conditions (“Terms”) govern your access to and use of the services provided by Kommify (“Kommify,” “we,” “us,” or “our”), including our WhatsApp Business API-based CRM platform, features, apps, websites, and related services (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

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1) Definitions

Customer / You

The entity or person registering for or using the Services.

Account

The Customer’s registered account used to access the Services.

Customer Data

Data you or your end users submit to or through the Services (e.g., contacts, messages, templates, metadata).

Documentation

Our guides, help content, and technical docs.

WhatsApp Business Platform

WhatsApp Business services and APIs provided by Meta and partners and governed by WhatsApp policies.

2) Services & Scope

Kommify provides tools for customer engagement on WhatsApp (broadcasts, flows, automation, inbox, chatbot, APIs, analytics), contact management, template handling, and integrations. Some features depend on third-party platforms (e.g., WhatsApp Business Platform, cloud hosting, payment processors). Service behavior may change due to such platforms, policy updates, or technical constraints beyond Kommify’s control; we may modify or discontinue features to maintain compliance or performance. Comparable industry terms make similar clarifications.

3) Account Registration & Responsibility

You must provide accurate information and keep credentials secure. You’re responsible for activities occurring under your Account. Notify us immediately of unauthorized use.

4) Acceptable Use

You agree not to:

• (a) use the Services for unlawful purposes;
• (b) send spam or unsolicited messages;
• (c) attempt to probe or disrupt our systems;
• (d) circumvent rate limits;
• (e) infringe IP or privacy rights; or
• (f) misrepresent identity.

You must obtain valid opt-in consent from end users before sending WhatsApp messages and comply with WhatsApp and Meta rules (including template approvals, quality ratings, and policy enforcement). Non-compliance can lead to suspension by WhatsApp or by us.

5) WhatsApp Compliance

Use of the Services requires strict adherence to:

You are responsible for your content, consents, and message throughput choices.

6) Plans, Fees, Taxes & Changes

• Subscription Plans: Services are offered on subscription plans (monthly/annual) with usage-based components (e.g., conversation/message fees from WhatsApp, add-ons).
• Pricing: Fees are shown at checkout or order form. Taxes (e.g., GST) are additional.
• Changes: We may update plan features or pricing effective on your next billing cycle; we will notify you in advance where required.
• No Refunds: Except where required by law or expressly stated, fees paid are non-refundable.

7) Payments via Payment Gateways

• Processor: We use Razorpay & Stripe to process payments. By paying, you also agree to Razorpay’s applicable terms and policies.
• Methods: Cards, UPI, netbanking, wallets, or other methods supported by Razorpay.
• Subscriptions & Recurring Payments: If you enroll in auto-renewal, you authorize recurring charges per your plan (e.g., Razorpay Subscriptions/UPI Autopay/e-mandates). You may cancel auto-renew before renewal to stop future charges; cancellation does not refund past charges.
• Chargebacks & Disputes: If a chargeback/dispute is raised, Razorpay/the acquiring bank may reverse funds and levy fees; these amounts may be debited from settlements, and you remain responsible for amounts due to Kommify.
• Failed/Overdue Payments: If payment fails or is overdue {beyond 7 days}, we may suspend or limit the Services until amounts are paid.

8) Term, Renewal & Termination

• Term: Starts on the Effective Date (signup/purchase) and continues for the subscription term.
• Renewal: Subscriptions auto-renew for successive terms unless cancelled {at least 3 days} before the end of the current term.
• Termination for Convenience: You may terminate at any time; termination takes effect at the end of the current term.
• Termination for Cause: Either party may terminate if the other materially breaches and fails to cure within {10} days after written notice, or if required to comply with law or WhatsApp policies.
• Effect: Upon termination/suspension, your access ends; we will retain Customer Data for {30} days solely to enable export (Section 11) and then delete/anonymize unless longer retention is required by law.

9) Service Levels & Support

• Availability: We target 99.5% monthly uptime excluding scheduled maintenance, force majeure, and outages caused by upstream platforms (e.g., WhatsApp, hosting, ISPs) or your systems.
• Maintenance: We aim to perform scheduled maintenance during low-traffic windows with reasonable notice.
• Support: {Email/ticket support business days 10:00–18:00 IST; initial response within 1–2 business hours for P1, same day for others}.

If we miss the uptime target due to our platform (not upstream dependencies), you may request a service credit of 5% of monthly fees for each full 1% below the target (capped at 25%). Credits are your sole remedy for SLA issues. Industry peers commonly adopt similar upstream dependency carve-outs.

10) Data Protection & Privacy (India DPDP Act)

At Kommify, we value and respect your privacy. We are committed to safeguarding personal data in line with the Digital Personal Data Protection Act, 2023 and other applicable laws in India.

• Roles: You are generally the data fiduciary for your end-user personal data. Kommify acts as a data processor, processing such data on your instructions where applicable.
• Lawful Basis & Notice: You are responsible for ensuring a lawful basis (such as consent) and providing the required notices to your end users.
• Use of Data: By using our services, you agree that we may collect, store, process, and use your personal information for purposes including account management, communication, billing, fraud prevention, and service improvements.
• Security: We implement reasonable technical and organizational measures appropriate to the risk (including access controls, encryption in transit, and regular backups) to protect your data against unauthorized access, disclosure, alteration, or destruction.
• International Transfers: Where personal data is transferred or hosted outside India, we comply with applicable transfer restrictions and safeguards.
• Individual Rights: You and your end users have the right to access, correct, or request deletion of personal data, to the extent legally required and technically feasible. Kommify will assist you in responding to verified individual requests.
• Incident Management: In the event of a data breach impacting your customer data, Kommify will notify you without undue delay and cooperate with your lawful obligations.

For detailed information on how we collect, use, store, and protect your data, please refer to our Privacy Policy.

11) Data Ownership, Retention & Export

You own Customer Data. We obtain no rights other than to provide, secure, and improve the Services (aggregated/anonymized analytics excluded from this restriction). During the term and {for 30 days after termination}, you can export Customer Data via available tools or by written request. After the retention window, we will delete/anonymize Customer Data unless required by law to retain it.

12) Third-Party Services & Integrations

Use of third-party services (e.g., WhatsApp Business Platform, payment gateways, CRMs) is subject to their terms; we are not responsible for their availability, security, or performance. If a third party or WhatsApp restricts your use, we may need to suspend related features to stay compliant.

13) Intellectual Property

Kommify and its licensors own all rights, title, and interest in and to the Services and Documentation. Except for the limited right to access and use the Services during your subscription, no licenses are granted. You will not reverse engineer, copy, or create derivative works of the Services.

14) Confidentiality

Each party must protect the other’s non-public information with reasonable care and use it only for purposes of the agreement, except where disclosure is required by law (with notice where lawful).

15) Warranties, Disclaimers

16) Limitation of Liability

17) Indemnity

You will defend and indemnify Kommify against third-party claims arising from: (a) your content or Customer Data; (b) your violation of law (including anti-spam, DPDP, WhatsApp policies); or (c) your misuse of the Services.

18) Suspension

We may suspend the Services immediately if: (a) required by law or WhatsApp; (b) you materially breach these Terms; (c) there are security or fraud risks; or (d) payments are overdue.

19) Changes to Terms

We may update these Terms from time to time. If changes are material, we will provide notice (e.g., email, in-app). Changes take effect on the stated date, and continued use after that date constitutes acceptance.

20) Governing Law & Dispute Resolution

These Terms are governed by the laws of India, without regard to conflicts of law. Courts in Bengaluru, Karnataka have exclusive jurisdiction. Before litigation, the parties will attempt to resolve disputes through good-faith discussions for {15} days.

21) Contact

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