Terms & Conditions

1. Acceptance of Terms

By creating an account, accessing, or using the Services in any manner, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein. If you do not agree, you must not use the Services.

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to that organization.

2. Eligibility

You may use the Services only if you are at least 18 years of age (or the age of majority in your jurisdiction) and legally capable of entering into a binding contract. The Services are intended for business and commercial use and are not directed at individual consumers for personal use.

You must not be barred from using the Services under the laws of India or any other applicable jurisdiction, and you must comply with all export control, sanctions, and trade laws.

3. Account Registration

To access most features, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• You must promptly notify us of any unauthorized use of your account or any other breach of security.
• You must not share your credentials or allow any unauthorized person to access the Services through your account.
• We are not liable for any loss or damage arising from your failure to safeguard your credentials.

4. User Responsibilities

You are solely responsible for the messages, content, contact data, and campaigns you transmit through the Services, and for obtaining all consents required to contact your recipients. In particular, you agree that:

• You have obtained valid, documented opt-in consent from every recipient before sending them messages, as required by WhatsApp and applicable law.
• Your use complies with the WhatsApp Business Messaging Policy, the WhatsApp Business Terms, and Meta's platform policies.
• You will maintain accurate records of consent and honor opt-out and unsubscribe requests promptly.
• You will not use the Services in any way that could damage, disable, overburden, or impair our systems or the WhatsApp platform.

5. Subscription Plans

OTSWP offers various subscription plans, each with different features, messaging volumes, and pricing as described on our Pricing page. Plan features, limits, and prices may change from time to time; any changes will apply to your next billing cycle unless stated otherwise.

Certain features may be metered or usage-based, including per-message conversation charges levied by Meta, which are passed through to you in addition to your subscription fee.

6. Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan). Usage-based charges, including WhatsApp conversation charges and any wallet top-ups, are billed as incurred or deducted from your prepaid wallet balance.

• Payments are processed through third-party payment providers such as Razorpay / Stripe. By providing payment details, you authorize us and our providers to charge the applicable fees.
• All fees are stated in INR unless otherwise specified.
• If a payment fails, we may retry the charge and/or suspend your account until payment is received.

7. Taxes

All fees are exclusive of applicable taxes, including Goods and Services Tax (GST) and any other levies, duties, or charges imposed by law. You are responsible for paying all such taxes associated with your purchase, except for taxes based on our net income. Where required, applicable taxes will be added to your invoice.

8. Auto-Renewal

Unless you cancel before the end of the current billing period, your subscription will automatically renew for a further period of the same length, and we will charge the then-applicable fees to your payment method on file. You may disable auto-renewal at any time from your dashboard settings; disabling it stops future renewals but does not entitle you to a refund for the current period, except as set out in our Refund & Cancellation Policy.

9. Cancellation

You may cancel your subscription at any time through your dashboard or by contacting our support team. Upon cancellation, your access to paid features will continue until the end of the paid period, after which your account may be downgraded or deactivated. Cancellation and refund eligibility are governed by our Refund & Cancellation Policy.

10. Refund Policy

Refunds, where available, are governed by our separate Refund & Cancellation Policy. In general, subscription fees are non-refundable except where required by law, and certain charges — including setup fees, WhatsApp conversation/API charges, and consumed wallet balance — are non-refundable.

11. Service Availability

We strive to keep the Services available and reliable. However, the Services are provided on an "as available" basis, and we do not guarantee uninterrupted access. The Services may be unavailable during planned or emergency maintenance, or due to factors beyond our reasonable control, including the availability of the WhatsApp platform.

12. Third-Party Services

The Services rely on and integrate with third-party services, including the Meta / WhatsApp Business Platform, payment gateways, hosting providers, and analytics tools. Your use of those third-party services may be subject to their own terms and policies. We are not responsible for the availability, accuracy, or conduct of any third-party service.

13. Meta WhatsApp Business API Disclaimer

OTSWP uses the Official WhatsApp Business API. WhatsApp and Meta are trademarks of Meta Platforms, Inc., and all WhatsApp and Meta trademarks, logos, and brand features belong to their respective owners. OTSWP is an independent platform and is not endorsed by, affiliated with, or sponsored by WhatsApp or Meta.

• We do not guarantee approval of your WhatsApp Business Account, phone number, message templates, or display name.
• Meta may change its APIs, pricing, rate limits, quality ratings, or policies at any time.
• Meta may restrict, suspend, or ban your WhatsApp Business Account for policy violations; we are not liable for such actions.

14. User-Generated Content

You retain ownership of the content, message templates, media, and data you submit through the Services ("Your Content"). You grant us a limited, non-exclusive, worldwide license to host, process, and transmit Your Content solely to provide and improve the Services. You represent that you have all necessary rights to it.

15. Intellectual Property

The Services, including all software, source code, designs, text, graphics, logos, and documentation, are the exclusive property of Online Textile Software Private Limited. Nothing in these Terms transfers any ownership rights to you. The "OTSWP" name and logo are trademarks of the Company.

16. License

Subject to compliance with these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your subscription term.

17. Prohibited Activities

You must not misuse the Services. Prohibited activities include sending spam, fraud, phishing, malware, operating fake accounts, infringing copyright, sending bulk messages without consent, violating WhatsApp policies, automated abuse, and reverse engineering the Services.

18. Spam Policy

You may only send messages to recipients who have given you prior, valid opt-in consent to receive them. Sending unsolicited, bulk, or unwanted messages ("spam") is strictly prohibited and may result in immediate suspension. High rates of user blocks, spam reports, or low quality ratings from Meta may lead to restrictions.

19. Fair Usage Policy

To protect the integrity and performance of the Services for all customers, we apply fair usage limits, including on API request rates, message throughput, and resource consumption. We may throttle or require you to upgrade if you exceed limits.

20. API Usage

If you access the Services through our APIs, you must comply with our API documentation, authentication requirements, and rate limits. You must keep API keys and tokens confidential and must not use the APIs to build a product that competes with OTSWP.

21. Suspension

We may suspend your access to all or part of the Services if we reasonably believe that you have breached these Terms, your use poses a security risk, payment is overdue, or suspension is required by Meta or applicable law.

22. Termination

Either party may terminate the subscription. We may terminate your account immediately for material breach, illegal activity, or repeated policy violations. Upon termination, your right to use the Services ceases immediately.

23. Limitation of Liability

To the maximum extent permitted by law, Online Textile Software Private Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or business opportunities. In no event shall our aggregate liability exceed the total fees paid by you in the 12 months preceding the claim.

24. Disclaimer of Warranties

The Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory. We do not warrant that the Services will be uninterrupted, error-free, secure, or that Meta approvals will meet expectations.

25. Indemnification

You agree to indemnify, defend, and hold harmless Online Textile Software Private Limited and its officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses arising out of Your Content, messaging campaigns, or violation of Meta policies.

26. Governing Law

These Terms are governed by and construed in accordance with the laws of India. Subject to the dispute resolution provisions below, the courts at Surat, Gujarat, India shall have exclusive jurisdiction.

27. Dispute Resolution

In the event of any dispute, the parties shall first attempt to resolve it amicably. If the dispute is not resolved within 30 days, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Surat, India.

28. Force Majeure

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, epidemics, war, internet/telecom failures, or the unavailability of the Meta platform.

29. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the Services or by other reasonable means and update the "Last Updated" date. Your continued use constitutes acceptance.

30. Contact Information

If you have any questions about these Terms, please contact us: