Effective date: 14 June 2026
These Terms & Conditions (“Terms”) govern your access to and use of the WA_MARK platform, websites, and related services (collectively, the “Service”) provided by WA_MARK (“WA_MARK”, “we”, “us”, or “our”). By creating an account, subscribing to a plan, or otherwise using the Service, you (“you”, the “Customer”) agree to be bound by these Terms. If you do not agree, please do not use the Service.
WA_MARK is an AI-powered WhatsApp marketing and CRM platform that lets businesses run campaigns, automate conversations, and manage customer interactions on the official WhatsApp Business Platform (API). The Service is offered on a subscription basis.
The Service connects to the WhatsApp Business Platform operated by Meta. Your use of WhatsApp features is additionally subject to Meta’s applicable policies, including the WhatsApp Business Messaging Policy, the WhatsApp Business Terms, and the Meta Commerce Policy. You agree that:
You agree not to use the Service to: (a) violate any law or third-party right; (b) send spam or bulk unsolicited messages; (c) transmit malware or harmful code; (d) infringe intellectual property; (e) collect data unlawfully; (f) attempt to gain unauthorised access to the Service or its systems; or (g) resell or provide the Service to third parties except as expressly permitted. We may investigate and act on violations, including by suspending or terminating access.
You retain ownership of the contact lists, messages, and other data you submit (“Customer Data”). You grant WA_MARK a limited licence to process Customer Data solely to provide and improve the Service. You represent that you have all necessary rights and consents to provide the Customer Data and to message your recipients. With respect to the personal data of your contacts, you act as the data controller and WA_MARK acts as a processor on your instructions. Our handling of personal data is described in our Privacy Policy.
You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable, and amounts paid to third parties (such as Meta/WhatsApp conversation charges) are not refundable by WA_MARK. Any prepaid or wallet balances are subject to the terms shown at the time of purchase.
The Service integrates with third-party services including, without limitation, Meta/WhatsApp, Google (e.g., Google Sheets), and payment gateways. Your use of those services is governed by their own terms and policies, and WA_MARK is not responsible for third-party services, their availability, or their actions.
The Service, including its software, design, trademarks, and content (excluding Customer Data), is owned by WA_MARK or its licensors and is protected by applicable laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. You may not copy, modify, reverse-engineer, or create derivative works except as permitted by law.
We aim to provide a reliable Service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, third-party outages (including Meta or Google), or factors beyond our control. Support is provided through the channels we make available from time to time.
We may suspend or terminate your access if you breach these Terms, fail to pay fees, create risk or legal exposure for us, or misuse the Service. You may stop using the Service at any time. Upon termination, your right to use the Service ceases, and we may delete Customer Data after a reasonable period in line with our retention practices and the Privacy Policy.
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your requirements or that messages will be delivered, as delivery depends on Meta/WhatsApp and recipient settings.
To the maximum extent permitted by law, WA_MARK and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amount you paid to WA_MARK for the Service in the three (3) months preceding the event giving rise to the claim.
You agree to indemnify and hold harmless WA_MARK and its affiliates, officers, and employees from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Customer Data, your messages, your use of the Service, or your breach of these Terms or applicable law (including Meta’s policies and recipient-consent requirements).
We may modify the Service or these Terms from time to time. Material changes will be notified by reasonable means (such as on this website or by email). Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to applicable law, the courts having competent jurisdiction in India will have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Service.
Questions about these Terms? Contact us at support@wamark.in.
