Terms & Conditions

Age and Legal Capacity

• You must be at least 18 years of age to use our Service
• You must have the legal capacity to enter into a binding contract
• If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms
• By using our Service, you represent and warrant that you meet these eligibility requirements

Account Registration Requirements

To access the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your password and account credentials
• Accept all risks of unauthorized access to your account and Customer Data
• Immediately notify us if you discover or suspect any security breaches
• Not share your account credentials or allow others to access your account
• Be solely responsible for all activities that occur under your account

Business Verification

TEXTO reserves the right to verify your business information, request documentation, and conduct due diligence to comply with WhatsApp Business verification requirements and prevent fraud. Failure to provide requested verification may result in account suspension or termination.

Mandatory Compliance with WhatsApp Policies

Your use of WhatsApp Business API through TEXTO is subject to Meta's (WhatsApp's) policies, which you MUST comply with at all times:

• WhatsApp Business Policy - Governs business use of WhatsApp
• WhatsApp Business Terms of Service - Legal terms for business accounts
• WhatsApp Commerce Policy - If you conduct commerce on WhatsApp
• WhatsApp Business Data Processing Terms - Governs data processing

These WhatsApp policies are incorporated into these Terms by reference. You acknowledge that violations of WhatsApp policies may result in suspension or termination of your WhatsApp Business Account, which is outside TEXTO's control.

Quality Rating Requirements

WhatsApp monitors the quality of messages sent from your account based on user feedback (blocks, reports). Your quality rating affects your messaging limits and account status:

TEXTO may restrict or suspend your access to our Service if your quality rating drops to protect our BSP status and other users. We are not responsible for quality rating issues caused by your messaging practices.

24-Hour Messaging Window

WhatsApp enforces a 24-hour messaging window policy:

• Customer-Initiated Window: You have 24 hours to respond to customer messages with any content
• Business-Initiated Messages: After 24 hours, you can only send pre-approved message templates
• Template Approval: All business-initiated message templates must be approved by WhatsApp before use

TEXTO cannot override these WhatsApp policies. Messages sent outside the 24-hour window without approved templates will fail.

Meta's Rights and Limitations

You acknowledge and agree that:

• Meta/WhatsApp can suspend, restrict, or terminate your WhatsApp Business Account at any time for policy violations
• TEXTO has no control over Meta's decisions regarding your account
• TEXTO is not liable for any suspension, restriction, or termination imposed by Meta/WhatsApp
• End-to-end encryption applies to message content, but metadata (phone numbers, timestamps) is accessible to Meta
• Meta processes data under their own Privacy Policy and Data Processing Terms

Mandatory Consent Requirements

Before sending WhatsApp messages to any customer using TEXTO, you MUST obtain explicit opt-in consent that is:

Valid Opt-In Methods

Acceptable methods for obtaining consent include:

• Click-to-WhatsApp ads on Facebook/Instagram where user initiates conversation
• Website forms with unchecked checkbox specifically mentioning WhatsApp communication
• QR codes that users scan to opt-in via WhatsApp
• WhatsApp wa.me links where users click to start conversation
• SMS/Email opt-in with clear disclosure about WhatsApp messaging
• In-person/verbal consent with documented timestamp and method

Prohibited: Pre-checked boxes, automatic enrollment, purchased contact lists, scraped phone numbers, or any form of implied consent.

Opt-Out and Consent Withdrawal

You MUST provide easy opt-out mechanisms:

• Include clear opt-out instructions in messages (e.g., "Reply STOP to unsubscribe")
• Honor opt-out requests immediately (within 24 hours maximum)
• Maintain a suppression list of opted-out users
• Send confirmation when user successfully opts out
• Ensure opt-out is as easy as opt-in (DPDP requirement)
• Never send marketing messages to opted-out users

Documentation and Record-Keeping

You must maintain records of opt-ins for at least 3 years, including:

• Date and time of consent
• Method of opt-in (e.g., website form, QR code, click-to-WhatsApp ad)
• Exact consent language shown to the user
• IP address or device information (where applicable)
• User's affirmative action (checkbox click, button press, etc.)
• Proof of consent available for audit upon request

TEXTO provides tools to help you manage opt-ins, but you remain solely responsible for obtaining, documenting, and maintaining valid consent.

Privacy Notice Requirements

You must provide your customers with a clear privacy notice that:

• Identifies you as the Data Fiduciary
• Explains what personal data you collect and why
• Discloses that you use TEXTO as a Data Processor for WhatsApp messaging
• Explains how customers can exercise their data rights
• Provides your contact information and grievance redressal mechanism
• Is available in the customer's preferred language (if required by law)

Honoring Customer Rights

As Data Fiduciary, you must honor your customers' data rights under DPDP Act:

• Right to Access: Provide copies of their data upon request
• Right to Correction: Fix inaccurate data within 90 days
• Right to Erasure: Delete data when purpose is fulfilled or consent withdrawn
• Right to Data Portability: Provide data in machine-readable format
• Right to Grievance Redressal: Maintain a grievance officer contact

TEXTO will assist you in responding to such requests as your Data Processor, but you are ultimately responsible for fulfilling these obligations.

Children's Data Protection

Under DPDP Act 2023, special protections apply to children (under 18 years):

• You must NOT collect or process data from children under 18 without verifiable parental consent
• You must NOT engage in behavioral monitoring, tracking, or targeted advertising to children
• Verifiable parental consent requires government ID, DigiLocker, or other approved methods
• Violations can result in penalties and immediate termination of your account

Subscription Plans and Fees

• FREE Plan: We offer a FREE forever plan with basic features to all registered users. This plan remains active for the lifetime of your account with no charges for core features (subject to fair use limits).
• Paid Plans: Subscription fees for premium plans are billed in advance on a monthly or annual basis and are non-refundable except as required by law.
• Usage-Based Fees: WhatsApp conversation charges (based on Meta's pricing) are billed based on actual usage. You must maintain a valid payment method or sufficient prepaid credit balance.
• Add-On Services: Additional features, API calls, or storage may incur separate charges as outlined in our pricing page.

Billing and Payment

• All fees are in Indian Rupees (INR) or US Dollars (USD) as specified at checkout
• Subscription fees are charged at the beginning of each billing cycle (monthly or annually)
• Usage fees for WhatsApp conversations are billed monthly based on Meta's conversation pricing
• You authorize us to charge your designated payment method for all applicable fees
• You must provide and maintain valid payment information
• Failed payments may result in service suspension after 7 days of non-payment

Payment Methods

We accept the following payment methods:

Payment processing is handled by our PCI-DSS compliant payment partners (Stripe/Razorpay). We do not store full credit card details.

Taxes and Duties

• All fees are exclusive of taxes unless stated otherwise
• You are responsible for all applicable taxes, including GST, VAT, sales tax, or other levies
• For Indian businesses: GST will be added to invoices as per prevailing rates (currently 18%)
• You must provide valid GST number (GSTIN) and PAN for Indian businesses to claim input tax credit
• International customers may be subject to withholding taxes or import duties in their jurisdiction

Price Changes

We reserve the right to change our pricing at any time. For existing subscriptions:

• We will provide at least 30 days' notice before any price increase
• Price changes take effect at the start of your next billing cycle
• You may cancel your subscription before the price change takes effect
• Continued use after price change notification constitutes acceptance

Refunds and Cancellation

• Subscription Fees: Generally non-refundable. You may cancel at any time, and your subscription will remain active until the end of the current billing period.
• Usage Fees: Non-refundable. WhatsApp conversation charges are based on messages actually delivered.
• Prepaid Credits: Non-refundable, but unused credits remain available in your account
• Exceptions: Refunds may be issued at our sole discretion for service outages, billing errors, or as required by applicable consumer protection laws

To request a refund for a valid billing error, contact billing@texto.in within 30 days of the charge.

Late Payment and Suspension

• If payment fails or your account becomes past due, we will attempt to notify you via email
• We reserve the right to suspend your account if payment is more than 7 days overdue
• During suspension, you cannot send messages or access certain features, but your data remains secure
• Accounts suspended for non-payment for more than 30 days may be terminated
• We may charge late fees or interest on overdue amounts as permitted by law

Privacy Policy Incorporation

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and protect your Account Data and Customer Data.

Data Processing Roles (DPDP Act 2023)

Data Processing Agreement (DPA)

For enterprise customers or those subject to GDPR:

• A separate Data Processing Agreement (DPA) is available upon request
• The DPA includes Standard Contractual Clauses (SCCs) for international data transfers
• Contact privacy@texto.in to request a DPA

Data Localization and Storage

• Primary data storage is in India (Mumbai, Bangalore data centers)
• Backups are maintained in multiple India-based locations for redundancy
• For EU customers, we offer EU-based server hosting upon request
• Meta/WhatsApp operates globally and may process message metadata on servers in US, EU, and Asia

Data Security

We implement industry-standard security measures including:

• TLS 1.3 encryption for data in transit
• AES-256 encryption for data at rest
• Multi-factor authentication (MFA) for account access
• Role-based access controls and audit logs
• Regular security assessments and penetration testing
• 24/7 security monitoring and incident response

However, no method of transmission or storage is 100% secure. You transmit data at your own risk and must implement your own security measures.

Data Breach Notification

In the event of a personal data breach affecting your Account Data or Customer Data:

• We will notify you without undue delay (within 72 hours for GDPR breaches)
• Notification will include nature of breach, data affected, and mitigation steps
• We will notify the Data Protection Board of India as required by DPDP Act
• For Customer Data breaches, you (as Data Fiduciary) remain responsible for notifying your customers

Data Retention and Deletion

• Account Data is retained for the duration of your account plus 7 years for legal/tax compliance
• Customer Data (messages, contacts) is retained according to your configured settings (default: 90 days)
• Message metadata is retained for up to 2 years for analytics and quality monitoring
• You can request early deletion by contacting privacy@texto.in
• Upon account termination, we will delete or anonymize your data within 90 days (except where retention is legally required)

TEXTO's Intellectual Property

The Service and its original content (excluding Customer Data), features, functionality, software, source code, algorithms, user interface, design, logos, trademarks, and service marks are and will remain the exclusive property of TEXTO and its licensors.

• The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of India, United States, and international treaties
• Our trademarks, service marks, and logos may not be used without prior written consent
• You may not copy, modify, reproduce, distribute, create derivative works, reverse engineer, or decompile the Service
• You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes

Your Content and Customer Data

You retain all ownership rights in your Customer Data. By using the Service, you grant TEXTO:

• A non-exclusive, worldwide, royalty-free license to host, store, process, and transmit Customer Data solely to provide the Service
• Permission to create anonymized, aggregated analytics data that does not identify you or your customers
• Right to display your company name/logo as a customer reference (you may opt-out by contacting us)

We will NOT:

• Sell, rent, or share your Customer Data with third parties for marketing
• Use Customer Data to train AI models or for purposes unrelated to providing you the Service
• Access or view message content except when necessary for troubleshooting or support (with your permission)

Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Service, you grant TEXTO a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize such feedback without compensation or attribution to you.

Third-Party Intellectual Property

The Service may include or integrate with third-party services, content, or software:

• WhatsApp and WhatsApp Business API are trademarks and services of Meta Platforms, Inc.
• Third-party integrations, libraries, and tools are subject to their own licenses and terms
• You must comply with all third-party terms when using integrated services

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, error-free, or free of viruses or other harmful components
• Warranties regarding accuracy, reliability, or completeness of content or results
• Warranties that defects will be corrected or that WhatsApp access will be maintained

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TEXTO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

Maximum Liability Cap

IN NO EVENT SHALL TEXTO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF:

• The amount you paid to TEXTO in the 12 months immediately preceding the event giving rise to liability, OR
• USD $100 (or equivalent in INR)

Liability Not Limited

The limitations in this section do NOT apply to:

• Death or personal injury caused by our gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law
• Liability for violation of Indian consumer protection laws (to the extent not excludable)

Force Majeure

TEXTO shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, Internet/telecommunications failures, Meta/WhatsApp platform issues, or third-party service provider outages.

Termination by You

• You may cancel your subscription and close your account at any time through your account settings or by contacting support@texto.in
• Cancellation takes effect at the end of your current billing period
• You remain responsible for all fees incurred up to the date of termination
• Subscription fees already paid are non-refundable (except as required by law)
• You may download your Customer Data before termination (available for 30 days post-cancellation)

Termination/Suspension by TEXTO

We may immediately suspend or terminate your account and access to the Service, with or without prior notice, for any of the following reasons:

Effect of Termination

Upon termination or expiration of your account:

• Your right to access and use the Service immediately ceases
• All licenses granted to you under these Terms terminate
• You must immediately cease all use of the Service and destroy any downloaded materials
• TEXTO will delete or anonymize your Customer Data within 90 days (except where retention is legally required)
• Account Data may be retained for 7 years for legal, tax, and accounting compliance
• You remain liable for all fees incurred before termination
• Outstanding amounts become immediately due and payable

Data Retrieval Period

After account termination, you have 30 days to download your Customer Data. After this period, we may permanently delete the data. To request data export, contact support@texto.in immediately upon termination.

Survival

The following sections survive termination: Definitions, Intellectual Property Rights, User Content Ownership, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Specifically:

• Disputes shall be governed by Indian laws including the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023, and Indian Contract Act, 1872
• For international customers, local consumer protection laws may also apply to the extent they provide greater protection
• The United Nations Convention on Contracts for the International Sale of Goods shall not apply

Jurisdiction and Venue

You agree that any legal action or proceeding arising under these Terms or your use of the Service shall be brought exclusively in the courts of Navi Mumbai, Maharashtra, India. You irrevocably consent to the personal jurisdiction and venue of such courts.

Dispute Resolution Process

Before filing any formal legal action, you agree to the following dispute resolution process:

Exceptions to Arbitration

The following disputes are NOT subject to arbitration and may be brought in court:

• Claims for injunctive or equitable relief
• Intellectual property disputes (trademark, copyright, patent infringement)
• Claims under consumer protection laws where arbitration is prohibited
• Small claims court actions (below jurisdictional limit)

Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR COLLECTIVE ARBITRATION. This waiver does not apply where prohibited by law.

Time Limit for Claims

You must bring any claim arising from these Terms or the Service within one (1) year from the date the cause of action arose, or such claim is permanently barred. This limitation period does not apply where prohibited by law.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

• You may not assign, transfer, or delegate these Terms or your account without our prior written consent
• Any attempted assignment in violation of this provision is void
• TEXTO may assign these Terms or any rights/obligations hereunder without restriction, including in connection with a merger, acquisition, or sale of assets
• These Terms bind and inure to the benefit of the parties and their permitted successors and assigns

Entire Agreement

These Terms, together with the following documents, constitute the entire agreement between you and TEXTO regarding the Service:

• Privacy Policy
• Acceptable Use Policy
• Data Processing Agreement (where applicable)
• Any order forms, statements of work, or service-specific addendums you have executed

These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and TEXTO regarding the Service.

Independent Contractors

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and TEXTO. You have no authority to bind TEXTO or make commitments on our behalf.

Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than you and TEXTO and our respective successors and permitted assigns. Meta/WhatsApp is an intended third-party beneficiary of Section 5 (WhatsApp Business Terms).

Notices

All notices under these Terms shall be in writing and shall be deemed given when:

• To You: Sent to the email address associated with your account or posted on the TEXTO platform
• To TEXTO: Sent via email to legal@texto.in or via postal mail to the address in Section 16

Language

These Terms are written in English. While we may provide translations for convenience, the English version shall prevail in case of any conflict or ambiguity. You acknowledge that you have read and understood these Terms in English.

Export Controls

The Service may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations and Indian export laws. You represent that you are not located in a country subject to comprehensive sanctions and are not on any prohibited party list.

Government Use

If you are a government entity or using the Service on behalf of a government entity, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in applicable regulations, and you receive only the rights granted to all other users under these Terms.