Terms of Service

1. Introduction and Acceptance of Terms

Welcome to WeComm, a WhatsApp Business Platform integration service provided by Elixire Tech LLP ("we," "us," "our," or "Company"). By accessing or using our services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

WeComm enables businesses to integrate WhatsApp messaging capabilities into their e-commerce and customer communication workflows. If you do not agree with any part of these Terms, you must not use our services.

2. Service Description

WeComm provides the following core services:

• WhatsApp Business API Integration: Connect your business to the WhatsApp Business Platform Cloud API for automated messaging
• Embedded Signup: Enable your clients to connect their WhatsApp Business Accounts through our partner platform
• Order Management: Process and manage customer orders received via WhatsApp
• Template Management: Create, manage, and send WhatsApp message templates
• Webhook Management: Receive and process real-time notifications from WhatsApp
• Business Management API: Programmatically manage client business verifications, phone numbers, and assets

3. User Eligibility and Account Requirements

3.1 Business Requirements

To use WeComm, you must:

• Be a registered business entity with valid legal documentation
• Have a WhatsApp Business Account (WABA) or be willing to create one
• Have a verified Facebook Business Manager account
• Comply with all WhatsApp Business Platform policies and Meta's Terms of Service
• Be at least 18 years of age or the age of majority in your jurisdiction

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your contact information remains current and accurate

4. WhatsApp Business Platform Compliance

4.1 Prohibited Uses

You may NOT use WeComm to:

• Send unsolicited messages (spam) or conduct mass messaging campaigns
• Engage in fraudulent, misleading, or deceptive practices
• Violate any applicable laws, including data protection and privacy regulations
• Distribute malware, viruses, or harmful content
• Impersonate any person or entity
• Harass, abuse, or harm others
• Sell prohibited goods or services as defined by WhatsApp's Commerce Policy

4.2 Message Template Compliance

All message templates must be approved by Meta before use. You are responsible for ensuring your templates comply with WhatsApp's template guidelines and do not contain prohibited content.

5. Data Usage and Privacy

5.1 Data Collection

We collect and process the following types of data:

• Business information (company name, address, contact details)
• WhatsApp Business Account (WABA) information
• Message content and metadata
• Customer phone numbers and interaction data
• Usage analytics and performance metrics

5.2 Data Ownership

You retain ownership of all customer data processed through WeComm. We act as a data processor on your behalf. You are the data controller and are responsible for obtaining necessary consents from your customers.

5.3 Data Security

We implement industry-standard security measures to protect your data, including encryption in transit and at rest. However, no system is 100% secure, and you acknowledge the inherent risks of electronic data transmission.

5.4 Data Retention

We retain your data for as long as your account is active or as needed to provide services. Upon account termination, data will be retained for a period as required by law, then securely deleted.

6. Embedded Signup and Partner Authorization

By using our Embedded Signup feature, you authorize Elixire Tech LLP to act as a Tech Provider and manage your WhatsApp Business Account on your behalf. This includes:

• Creating and managing message templates
• Sending messages to your customers
• Managing phone numbers associated with your WABA
• Accessing business verification status
• Configuring webhooks and API settings

You can revoke this authorization at any time through your Facebook Business Manager settings.

7. Pricing and Payment Terms

7.1 Subscription Fees

WeComm operates on a subscription basis with tiered pricing plans. Current pricing is available on our website and may be updated with 30 days' notice.

7.2 WhatsApp Messaging Costs

In addition to our subscription fees, you are responsible for WhatsApp conversation charges billed directly by Meta. These charges are separate from our service fees.

7.3 Payment Processing

• Subscription fees are billed monthly or annually in advance
• All fees are non-refundable unless otherwise stated
• Failed payments may result in service suspension
• You are responsible for all taxes associated with your use of the service

8. Service Level and Availability

8.1 Uptime Commitment

We strive to maintain 99.5% uptime for our services, excluding scheduled maintenance. However, we do not guarantee uninterrupted access.

8.2 Scheduled Maintenance

We will provide advance notice of scheduled maintenance when reasonably possible. Emergency maintenance may be performed without notice.

8.3 Third-Party Dependencies

Our service depends on Meta's WhatsApp Business Platform infrastructure. We are not liable for outages or issues caused by Meta's systems.

9. Intellectual Property

9.1 Our Rights

WeComm, including all software, designs, trademarks, and documentation, is the exclusive property of Elixire Tech LLP. You may not copy, modify, distribute, or reverse engineer our services.

9.2 Your Content

You retain ownership of content you create and messages you send. By using our service, you grant us a license to process and transmit this content as necessary to provide the service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIXIRE TECH LLP SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your violation of WhatsApp's policies
• Unauthorized access to or alteration of your data
• Statements or conduct of third parties using the service

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Elixire Tech LLP from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your use of the service
• Content you submit or transmit through our platform

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Subscription fees are non-refundable.

12.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or WhatsApp's policies
• Your account is inactive for more than 12 months
• You fail to pay subscription fees
• We are legally required to do so
• Continuing service would create substantial risk

12.3 Effect of Termination

Upon termination, access to your account will be revoked. We will retain data as required by law, then delete it according to our data retention policy.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the platform. Continued use of the service after changes constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

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

14.2 Jurisdiction

Any disputes arising from these Terms or your use of the service shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.

14.3 Arbitration

Parties agree to first attempt to resolve disputes through good-faith negotiation. If negotiation fails, disputes may be resolved through binding arbitration in accordance with Indian Arbitration and Conciliation Act, 1996.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any supplemental agreements, constitute the entire agreement between you and Elixire Tech LLP.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or technical failures.