Terms of Service

1Definitions

• "Platform" means the QuickReach AI web application, APIs, dashboard, and related services.
• "Customer" or "You" means the business entity or individual who registers for and uses our services.
• "End Users" means the customers of the Customer who interact with the AI chatbot via WhatsApp.
• "Subscription" means the plan purchased by the Customer for a specified period and usage limits.
• "WhatsApp Business API" means the API provided by Meta/WhatsApp for businesses to send and receive messages at scale.

2Account Registration and Eligibility

• You must be at least 18 years of age and have the legal authority to bind your organization to these Terms.
• You must provide accurate, complete, and current information during registration and keep it updated.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.
• Each business entity may maintain only one active account unless expressly permitted in writing.

3Subscription Plans and Billing

• Plans: We offer Starter, Professional, Enterprise, and custom plans. Each plan has specified monthly conversation limits, features, and pricing as displayed on our pricing page.
• Billing Cycle: Subscriptions are billed monthly or annually in advance. All prices are exclusive of GST (18%) unless stated otherwise.
• Auto-Renewal: Subscriptions auto-renew at the end of each billing period unless cancelled before the renewal date.
• Usage Overages: If you exceed your plan's conversation limits, overage charges will apply at the rates specified in your plan. You will be notified when approaching 80% of your limit.
• Price Changes: We may modify pricing with 30 days' advance notice. Existing subscribers will be grandfathered at their current rate until the next renewal period.
• Taxes: All fees are subject to applicable taxes including GST. GST invoices will be provided for all transactions as per the Central Goods and Services Tax Act, 2017.

4Acceptable Use Policy

You agree not to use the platform for any of the following purposes:

• Sending spam, unsolicited promotional messages, or messages to End Users who have not opted in, in violation of the WhatsApp Commerce Policy and TRAI DND regulations.
• Transmitting content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable under Indian law.
• Collecting or storing End User data without proper consent or in violation of the DPDP Act, 2023.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Attempting to gain unauthorized access to our systems, other accounts, or networks.
• Reverse engineering, decompiling, or disassembling any part of our platform.
• Using automated tools to scrape, crawl, or extract data from our platform without permission.
• Using the platform to send messages that violate WhatsApp's Terms of Service, Business Policy, or Commerce Policy.

5WhatsApp Business API Compliance

• Your use of the WhatsApp Business API is subject to Meta's Terms of Service and the WhatsApp Business API Terms.
• You are solely responsible for obtaining and maintaining your WhatsApp Business API account and complying with all applicable Meta policies.
• We are not responsible for any suspension or termination of your WhatsApp Business account by Meta.
• You must comply with WhatsApp's messaging rules, including the 24-hour messaging window for free-form messages and the use of pre-approved message templates.
• You must obtain proper opt-in consent from End Users before sending them messages through WhatsApp.
• WhatsApp conversation charges levied by Meta are in addition to our subscription fees and will be billed as pass-through costs.

6Intellectual Property

• The QuickReach AI platform, including all software, design, text, graphics, logos, and documentation, is the exclusive property of Brand Spirit Labs Pvt. Ltd. and is protected by Indian copyright and intellectual property laws.
• You retain ownership of all content you upload, including chatbot configurations, templates, and training data.
• By using our platform, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the services.
• You may not use our trademarks, logos, or branding without prior written consent.

7Service Level Agreement

• Uptime: We guarantee 99.9% uptime for the platform (excluding scheduled maintenance windows).
• Maintenance: Scheduled maintenance will be communicated at least 48 hours in advance and performed during off-peak hours (12 AM - 5 AM IST).
• Support Response: Enterprise customers receive a 4-hour response SLA; Professional customers receive 8-hour SLA; Starter customers receive 24-hour SLA during business hours (9 AM - 7 PM IST, Monday - Saturday).
• SLA Credits: If uptime falls below 99.9% in a calendar month, affected customers are entitled to a service credit of 10% of their monthly subscription fee.

8Limitation of Liability

• To the maximum extent permitted by Indian law, our total liability for any claims arising from or related to these Terms or the services shall not exceed the total fees paid by you in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• We are not liable for any failures or delays caused by factors beyond our reasonable control, including but not limited to internet outages, Meta/WhatsApp service disruptions, natural disasters, or government actions (Force Majeure).
• We do not guarantee the accuracy, completeness, or effectiveness of AI-generated responses. The Customer is responsible for reviewing and configuring chatbot responses appropriate to their business.

9Termination

• By Customer: You may cancel your subscription at any time from the dashboard. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period.
• By Company: We may suspend or terminate your account with 30 days' notice for violation of these Terms. For serious violations (fraud, illegal activity, WhatsApp policy breaches), we may terminate immediately.
• Data Upon Termination: Upon termination, you may export your data within 30 days. After 30 days, we will delete your data in accordance with our retention policy.
• Survival: Provisions regarding intellectual property, limitation of liability, confidentiality, and dispute resolution shall survive termination.

10Governing Law and Dispute Resolution

• These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
• Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation within 30 days.
• If negotiation fails, disputes shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Bangalore, India.
• The arbitration shall be conducted by a sole arbitrator appointed mutually, or in the absence of agreement, by the Bangalore Arbitration Centre.
• Proceedings shall be in English, and the arbitrator's decision shall be final and binding.

11Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or platform notification at least 30 days before they take effect. Your continued use of the platform after the effective date constitutes acceptance of the revised Terms. If you disagree with any changes, you must discontinue use of the platform and cancel your subscription.

12Contact Information