Terms of Service

1. The Service

We provide APIs, dashboards, and integrations to send and receive WhatsApp messages, manage templates, and analyze delivery and quality. Features may be modified from time to time.

2. Your account & responsibilities

• Provide accurate company details and maintain the security of your credentials and API keys.
• Have and maintain a valid WhatsApp Business Account (WABA) and comply with all WhatsApp Business and Meta policies.
• Obtain opt-in from your end-users, honor opt-outs, and ensure content/use cases are lawful in each country where you message.

3. Acceptable use

You will not send spam; illegal, harmful, or deceptive content; or messages involving sensitive categories (e.g., illegal drugs, weapons, adult content, child exploitation, hate, or personal health/financial records) except as allowed by law and WhatsApp policies. You will not probe, scan, or test the vulnerability of the Service or interfere with its operation.

4. Templates & the 24-hour window

Business-initiated messages outside the 24-hour customer service window require approved message templates and are billed by category (Marketing, Utility, Authentication, Service). You are responsible for correct template use and the accuracy of localized content.

5. Fees & billing

Fees include WhatsApp pass-through costs and platform fees. Unless stated otherwise, fees are exclusive of taxes. Prices may change with notice. Late payments may incur interest and/or suspension.

6. Rate limits & fair use

We may enforce per-recipient and per-number rate limits to protect platform and channel quality. Exceeding limits may result in throttling or temporary suspension.

7. Data protection; processing on your behalf

Regarding end-user personal data you provide or that is generated through your use of the Service, we act as processor and you act as controller. Our Data Processing Addendum (DPA) governs such processing.

• Meta / WhatsApp and telecommunications partners: to deliver messages through the WhatsApp Business Platform (Cloud API).
• Sub-processors / service providers: for infrastructure, hosting, monitoring, email delivery, and related services. Our primary hosting platform is AWS (Mumbai Region) and database services are located in MongoDB (Mumbai Region).
• Professional advisors and authorities: where disclosure is legally required (e.g., compliance, investigations).
• Successor entities: in connection with a merger, acquisition, or corporate reorganization, subject to appropriate safeguards.

8. Intellectual property

Company and its licensors own the Service and related IP. You retain all rights to your data and content. You grant Company a limited license to process your data solely to provide the Service and fulfill legal obligations.

9. Confidentiality

Each party will protect the other's confidential information and use it only for performing under these Terms.

10. Warranties & disclaimers

The Service is provided "as is". We disclaim all implied warranties and do not guarantee uninterrupted or error-free operation or message delivery by third-party networks.

11. Limitation of liability

Liability is limited to amounts paid in a 12-month period. No indirect, incidental, consequential, or punitive damages, or lost profits/revenues.

12. Indemnity

You will indemnify and hold Company harmless from third-party claims arising from your content, unlawful messaging, or breach of these Terms or WhatsApp/Meta policies.

13. Suspension & termination

We may suspend for non-payment, security risks, or violations of policies/law. Either party may terminate for material breach (after notice and cure period) or convenience with 30 days' notice. Upon termination, we will delete or return your data per our DPA and retention policy.

14. Governing law & venue

These Terms are governed by the laws of India, excluding conflict-of-law rules. Courts in India, Hyderabad have exclusive jurisdiction.

15. Changes

We may update these Terms from time to time. Continued use after notice constitutes acceptance of the updated Terms.

16. Contact

HextGen AI MedTech Private Limited
HextGen AI, VVInspire Co-Working Space, 3rd Floor, Sreeji Towers, Sardar Patel Rd, above Woodlands Showroom, Begumpet, Hyderabad.
Email: hextgen.info@gmail.com