Terms of Service

1. Acceptance of Terms

Welcome to IntellixApi ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our customer messaging platform, WhatsApp Business API tools, automation solutions, integrations, analytics dashboard, and any related software, websites, or applications (collectively, the "Services").

1.1 Agreement to Terms

By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by:

• These Terms of Service
• Our Privacy Policy
• WhatsApp Business API Terms (as a Meta Business Solution Provider)
• Any additional terms or policies referenced herein

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• Email to your registered email address
• Prominent notice on our website or platform
• In-app notification

Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

1.3 Eligibility

You must meet the following criteria to use our Services:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Represent a legitimate business entity (for business accounts)
• Not be prohibited from using the Services under applicable laws

2. Services Description

IntellixApi provides a scalable customer engagement platform designed to help businesses manage sales, support, marketing, notifications, and automation through the WhatsApp Business API and connected workflows. Core services include:

2.1 Core Services

• WhatsApp Business API Access: Reliable messaging infrastructure for customer support, sales, notifications, and engagement at scale
• Broadcast Messaging: Launch promotional, transactional, and campaign-based messaging with better reach and control
• AI Chatbot & Automation: Automate replies, lead qualification, FAQs, and customer journeys 24/7
• CRM Integration: Connect with third-party platforms (Shopify, Zoho, HubSpot, etc.)
• Analytics Dashboard: Monitor delivery, engagement, team performance, and campaign results in real time
• Team Collaboration: Multi-user access and team inbox
• Message Templates: Pre-approved templates for quick deployment
• Automation Workflows: Trigger event-based messaging, follow-ups, reminders, and support flows

2.2 Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted access. Services may be temporarily unavailable due to:

• Scheduled maintenance
• Emergency repairs
• Third-party service disruptions (WhatsApp, hosting providers)
• Force majeure events

2.3 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Services
• Change features, functionality, or pricing with 30 days' notice
• Impose limits on certain features or usage

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must:

• Provide accurate, current, and complete information
• Register a valid business email address
• Verify your WhatsApp Business number
• Complete KYC (Know Your Customer) verification if required

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
• Using strong passwords and enabling two-factor authentication

3.3 Account Information

You agree to:

• Keep your account information accurate and up-to-date
• Not share your account with others
• Not create multiple accounts without authorization
• Not impersonate any person or entity

4. User Obligations and Responsibilities

4.1 Compliance with Laws

You must comply with all applicable laws and regulations, including:

• Data Protection Laws: GDPR, India's IT Act, DPDPA 2023
• Anti-Spam Laws: CAN-SPAM Act, TRAI regulations
• Consumer Protection Laws: Truth in advertising, consumer rights
• Industry-Specific Regulations: Healthcare (HIPAA), Finance (PCI-DSS)

4.2 WhatsApp Business Policies

You must adhere to:

• WhatsApp Business Policy and Commerce Policy
• WhatsApp Business Messaging Policy
• Meta Platform Terms and Developer Policies
• Our Acceptable Use Policy

4.3 Message Content

You are solely responsible for:

• All content sent through our platform
• Obtaining consent from recipients before messaging
• Providing opt-out mechanisms in marketing messages
• Ensuring messages are not misleading, false, or deceptive

4.4 Data Protection

You must:

• Collect and process customer data lawfully
• Obtain necessary consents for data collection and messaging
• Maintain your own Privacy Policy
• Implement appropriate security measures for customer data
• Not share sensitive personal data without proper safeguards

5. Prohibited Activities

You may not use our Services to:

5.1 Illegal or Harmful Activities

• Violate any laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or misleading practices
• Promote illegal products, services, or activities
• Harass, threaten, or abuse others
• Distribute malware, viruses, or harmful code

5.2 Spam and Unsolicited Messages

• Send unsolicited commercial messages (spam)
• Message users without prior consent
• Continue messaging after opt-out requests
• Use purchased or scraped contact lists
• Engage in phishing or social engineering

5.3 Platform Abuse

• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or hack our platform
• Use automated tools to scrape or extract data
• Overload or disrupt our infrastructure
• Create accounts using false information
• Resell or sublicense our services without authorization

5.4 Prohibited Content

Messages must not contain:

• Adult content or sexually explicit material
• Violence, hate speech, or discrimination
• Illegal drugs or controlled substances
• Weapons, explosives, or dangerous items
• Gambling or betting (in prohibited jurisdictions)
• Pyramid schemes or multi-level marketing
• Misleading health claims or fake medicines

6. Fees, Payments, and Billing

6.1 Subscription Fees

Our Services are offered on a subscription basis with the following terms:

• Monthly or annual billing cycles
• Fees are based on your selected plan and usage
• Prices are displayed in Indian Rupees (INR)
• All fees are exclusive of applicable taxes (GST)

6.2 Usage-Based Charges

Additional charges may apply for:

• Conversations exceeding plan limits
• Additional WhatsApp Business numbers
• Premium features or add-ons
• WhatsApp conversation fees (charged by Meta)

6.3 Payment Terms

• Payment Methods: Credit/Debit Cards, UPI, Net Banking, Digital Wallets
• Automatic Billing: Subscriptions renew automatically unless cancelled
• Payment Failure: Services may be suspended for non-payment
• Invoices: Available in your account dashboard

6.4 Refund Policy

• 7-Day Money-Back Guarantee: For first-time subscribers (Starter & Growth plans)
• Prorated Refunds: Not available for mid-cycle cancellations
• Annual Plans: Non-refundable after 30 days
• Usage Fees: Non-refundable

6.5 Price Changes

We may change our prices with 30 days' advance notice. Existing subscriptions will be honored until renewal.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All rights, title, and interest in the Services, including but not limited to:

• Software, code, and algorithms
• User interface and design
• Trademarks, logos, and branding
• Content, documentation, and materials
• Patents, trade secrets, and know-how

...are owned by or licensed to IntellixApi. You may not copy, modify, distribute, or create derivative works without our written permission.

7.2 Your Content

You retain all rights to content you create, upload, or transmit through our Services. By using our Services, you grant us a limited, non-exclusive, worldwide license to:

• Store, process, and transmit your content
• Use your content to provide and improve Services
• Create backups and ensure data integrity

7.3 Feedback

Any suggestions, ideas, or feedback you provide may be used by us without any obligation to you.

7.4 Third-Party Trademarks

WhatsApp and Meta are trademarks of Meta Platforms, Inc. We are an authorized Meta Business Solution Provider but are not affiliated with, endorsed, or sponsored by Meta.

8. Termination

8.1 Termination by You

You may cancel your subscription at any time by:

• Accessing account settings and clicking "Cancel Subscription"
• Contacting our support team
• Sending written notice to [email protected]

Cancellation takes effect at the end of your current billing cycle. No prorated refunds for mid-cycle cancellations.

8.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our policies
• Your account poses a security risk
• You engage in prohibited activities
• You fail to pay fees when due
• Required by law or regulatory authority
• Your WhatsApp Business number is banned by Meta

8.3 Effect of Termination

Upon termination:

• Your access to Services will be immediately revoked
• You must pay all outstanding fees
• We may delete your data after 90 days (unless legally required to retain)
• You must cease using our intellectual property
• Provisions that should survive (payment obligations, indemnification) remain in effect

8.4 Data Export

Before termination, you may export your data using our export tools. After 90 days, we may permanently delete all data.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that:

• Services will perform substantially as described
• We will use commercially reasonable efforts to maintain 99.9% uptime
• We have the right to provide the Services

9.2 Disclaimers

We do not warrant that:

• Your use of Services will be uninterrupted or error-free
• All bugs or defects will be corrected
• Services will meet your specific requirements
• Messages will always be delivered (subject to WhatsApp's policies)

10. Limitation of Liability

10.1 Cap on Liability

Our total liability for any claims arising from these Terms or Services shall not exceed:

• The amount you paid us in the 12 months preceding the claim, OR
• ₹10,000 (Ten Thousand Rupees), whichever is less

10.2 Exceptions

These limitations do not apply to:

• Our gross negligence or willful misconduct
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Liability that cannot be excluded by law

11. Indemnification

You agree to indemnify, defend, and hold harmless IntellixApi, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you transmit through our Services
• Your breach of data protection laws
• Claims by your customers or recipients
• Your integration with third-party services

12. Dispute Resolution and Governing Law

12.1 Governing Law

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

12.2 Jurisdiction

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

12.3 Dispute Resolution Process

1. Informal Resolution: Contact us at [email protected] to resolve disputes informally
2. Negotiation: Good faith negotiations for 30 days
3. Mediation: If unresolved, refer to mediation before litigation
4. Arbitration (Optional): Binding arbitration under Indian Arbitration Act
5. Court Proceedings: As a last resort

12.4 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions or representative proceedings.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and IntellixApi.

13.2 Severability

If any provision is found to be unenforceable, the remaining provisions shall remain in full effect.

13.3 Waiver

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

13.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

13.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, government actions, etc.).

13.6 Export Compliance

You must comply with all applicable export and import laws when using our Services.

13.7 No Agency

These Terms do not create any partnership, joint venture, employment, or agency relationship.

13.8 Third-Party Rights

These Terms are for the benefit of the parties only. No third party has rights to enforce any provision.

13.9 Language

These Terms are provided in English. Any translations are for convenience only. In case of conflicts, the English version prevails.

14. Contact Information

If you have questions about these Terms, billing, compliance responsibilities, or your use of the IntellixApi platform, please contact our team.

• Support Email: [email protected]
• Sales Team: Contact Us
• Platform Access: Dashboard Login