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Effective Date: 4 November 2025
These Terms of Service (the “Terms”) govern your access to and use of Chatwise, a messaging automation tool for Instagram and WhatsApp, provided by CARTCREST E‑MARKET SOLUTIONS PRIVATE LIMITED (“Company,” “we,” “us,” or “our”). By accessing or using Chatwise, you agree to be bound by these Terms. If you do not agree, do not use Chatwise.
If you are accepting these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization.
1. Definitions
“Platform” means the Chatwise web application, APIs, SDKs, documentation, and any related websites, dashboards, widgets, or services.
“User” means any person or entity accessing or using the Platform.
“Customer” means an end user who interacts with you via Instagram or WhatsApp or other supported channels through the Platform.
“Content” means text, images, video, audio, links, templates, prompts, data, and any other material transmitted through or stored on the Platform.
“Integrations” means third‑party products and services connected to the Platform (including Meta/Instagram, WhatsApp Business Platform/Cloud API or BSPs, payment gateways, analytics tools, and delivery partners).
“Policies” means the policies, guidelines, and rules of third‑party platforms (e.g., Meta Platform Terms, Instagram Terms of Use, WhatsApp Business Terms, and applicable Commerce and Messaging policies).
2. Scope of Services
Chatwise provides tools to:
configure automated replies to Instagram comments and DMs;
receive, view, and respond to messages from Instagram and WhatsApp;
set routing rules, assignments, templates, and workflows;
integrate with CRMs, catalogs/stores (including Haulistic), analytics, and delivery/payment services; and
use optional AI‑assistance features for drafting and replying to messages.
We do not operate Instagram or WhatsApp. Our Platform depends on third‑party Integrations, which may change or be suspended by those providers at any time. Features may vary by plan, geography, or integration partner.
3. Eligibility & Account Registration
You must be at least 18 years old and have capacity to contract.
To access certain features, you must create an account and provide accurate, current information (including your legal business name and applicable platform IDs).
You are responsible for safeguarding your credentials and for all activities under your account. Notify us immediately of any unauthorized use.
4. Third‑Party Accounts, Permissions & Compliance
4.1 Connection & Permissions. To use Instagram or WhatsApp via Chatwise, you must maintain valid third‑party accounts and grant the permissions requested by the Platform. You authorize us to receive and process data from those accounts as needed to provide the Services.
4.2 Platform Policies. You must comply with all Policies applicable to each Integration, including (without limitation): Meta/Instagram Terms and Community Guidelines; WhatsApp Business Messaging, Commerce, and Template policies; and any applicable rate limits and quality ratings.
4.3 Consent & Opt‑outs. You are solely responsible for obtaining and recording all legally required consents (opt‑ins) from Customers before sending automated or templated messages and for honoring opt‑out and do‑not‑disturb preferences promptly.
4.4 Prohibited Uses. Do not use Chatwise to send spam, deceptive or illegal content, unauthorized promotions, or messages that violate law or platform rules (see Section 10).
4.5 Numbers & BSPs. If you use a WhatsApp Business number via a Business Solution Provider (BSP) or Cloud API, you are responsible for registration, fees, template approvals, and compliance.
5. Your Content & License
5.1 Ownership. Between you and us, you own your Content.
5.2 License to Us. You grant us a non‑exclusive, worldwide, royalty‑free license to host, store, process, transmit, display, and otherwise use your Content solely to provide, maintain, improve, and secure the Services, to comply with law, and to prevent fraud/abuse.
5.3 AI Features. If you enable AI features, you authorize us to process Content (including message history, product information, and FAQs) to generate suggestions or automated replies. You remain responsible for reviewing outputs. AI outputs may be inaccurate and should be validated before sending where material.
6. Data Protection & Privacy
6.1 Privacy Policy. Our handling of personal data is described in our Privacy Policy (incorporated by reference).
6.2 Controller/Processor Roles. For messaging Content and Customer data you provide, you are typically the data controller (or equivalent), and we act as your processor/service provider.
6.3 Indian DPDP Act (2023) & Global Laws. You represent that you have a lawful basis for processing and sharing personal data with us and that you will honor rights requests. Where applicable, we will support your compliance efforts under India’s Digital Personal Data Protection Act, 2023, and other laws (e.g., GDPR/CCPA) in accordance with our data processing addendum (if executed).
6.4 Security. We implement reasonable technical and organizational measures to protect personal data. However, no system is perfectly secure, and we cannot guarantee absolute security.
6.5 Retention & Deletion. We may retain logs and data as required for legitimate business purposes and legal obligations. Upon termination or upon your request, we will delete or return your data as described in our policies, subject to lawful retention requirements.
7. Plans, Fees & Taxes
Some features may require a paid plan, separate channel fees (e.g., WhatsApp conversation charges), or third‑party costs.
Prices and features may change; any change to your current paid plan will apply from the next billing cycle unless stated otherwise.
Fees are non‑refundable except as required by law. You are responsible for all applicable taxes.
8. Service Availability; Changes & Beta Features
We aim for high availability but do not guarantee uninterrupted or error‑free operation. Integrations may be rate‑limited, degraded, or paused by third parties.
We may modify, suspend, or discontinue features at any time.
Features marked Beta or Preview are provided as‑is without warranties and may be subject to additional terms.
9. Support; Feedback
We provide documentation and reasonable support during business hours (India Standard Time), subject to your plan.
If you submit ideas or feedback, you grant us a perpetual, irrevocable, royalty‑free license to use them without restriction.
10. Acceptable Use Policy
You agree not to use the Platform to:
violate any law, regulation, court order, or third‑party right;
send unsolicited or bulk messages without valid consent, or engage in spam, scams, phishing, or pyramid schemes;
transmit illegal, harmful, hateful, defamatory, obscene, sexually explicit, or violent content, or content that exploits minors;
infringe intellectual property or privacy rights;
harass, threaten, or dox individuals;
misrepresent identity, impersonate others, or engage in deceptive practices;
interfere with or disrupt the Platform, attempt to bypass security, or reverse engineer components;
collect or process sensitive personal data without lawful basis and safeguards;
violate Platform Policies (Meta/Instagram/WhatsApp), messaging windows, template requirements, or rate limits; or
use outputs of AI features in ways prohibited by law or by platform policies.
We may investigate suspected violations and suspend or terminate access where appropriate.
11. Intellectual Property
The Platform (including software, UX, documentation, and trademarks) is owned by the Company or its licensors and is protected by law. Except for the limited rights expressly granted, no licenses are implied. You may not remove or alter proprietary notices.
12. Confidentiality
Each party may receive confidential information of the other. The receiving party will use such information only for the purpose of performing under these Terms and will protect it using reasonable measures. These obligations survive for five (5) years (and indefinitely for trade secrets) after disclosure or termination.
13. Warranties & Disclaimers
YOUR WARRANTIES. You represent that (a) you have obtained all necessary consents and rights to use and share Content; (b) your use will comply with law and Policies; and (c) you will maintain accurate business information and required registrations/approvals for messaging.
OUR DISCLAIMER. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT GUARANTEE MESSAGE DELIVERY, OPEN RATES, CONVERSIONS, OR ANY PARTICULAR BUSINESS OUTCOME.
14. Indemnity
You will defend, indemnify, and hold harmless the Company and its affiliates, directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your Content; (b) your use of the Platform; (c) your breach of these Terms or applicable Policies; or (d) your violation of law or third‑party rights.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR (B) LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR INR 50,000, WHICHEVER IS LOWER).
Some jurisdictions do not allow certain exclusions or limitations of liability; in such cases, our liability will be limited to the maximum extent permitted by law.
16. Term, Suspension & Termination
These Terms remain in effect until terminated.
We may suspend or terminate access immediately if you breach these Terms, the Policies, or applicable law; if required by a platform provider or regulator; or to protect the Platform or users.
You may terminate at any time by closing your account; you remain responsible for accrued fees and lawful obligations (including honoring opt‑outs).
Upon termination, your right to access the Platform ceases. We may retain certain data as required by law or for legitimate business purposes (see Section 6.5).
17. Changes to the Services or Terms
We may modify the Platform and these Terms from time to time. Material changes will be notified via the dashboard or email. Your continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Republic of India. The courts of Bangalore, Karnataka shall have exclusive jurisdiction. The parties will first attempt to resolve disputes amicably; if unresolved within thirty (30) days, either party may seek relief in courts having jurisdiction.
19. Export & Sanctions Compliance
You represent that you (and your beneficial owners) are not subject to sanctions and will not use the Platform in embargoed countries or for prohibited end uses under applicable export/sanctions laws.
20. Miscellaneous
Entire Agreement. These Terms (and any order forms, data processing addenda, or policies referenced herein) constitute the entire agreement and supersede prior agreements regarding the subject matter.
Assignment. You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is held invalid, the remainder will remain in effect.
No Waiver. Our failure to enforce a provision is not a waiver.
Notices. Legal notices to us must be sent to the address below with a copy to admin@haulistic.io or as updated in the Platform). Notices to you may be provided via the dashboard or email associated with your account.
Force Majeure. Neither party is liable for delays or failures caused by events beyond reasonable control (including outages of third‑party platforms).
21. Contact
CARTCREST E‑MARKET SOLUTIONS PRIVATE LIMITED
Support: admin@haulistic,io
Annex A – Channel‑Specific Terms (Instagram & WhatsApp)
Instagram. You must comply with Meta/Instagram policies, rate limits, comment/DM automation rules, and any commerce policies if you sell goods. Auto‑reply features should respect user privacy and community guidelines.
WhatsApp. You must (a) maintain an approved WhatsApp Business account; (b) obtain opt‑in before sending marketing or promotional messages; (c) use approved templates outside session windows; (d) honor user opt‑outs immediately; (e) pay applicable conversation fees; and (f) monitor quality ratings to avoid number bans.
We may suspend messaging for numbers or accounts with low quality scores, repeated policy violations, high spam reports, or abuse signals.
Annex B – Data Processing Summary (High‑Level)
Roles. You = Controller; We = Processor.
Subject Matter. Processing messaging and related Customer data to provide the Services.
Categories. Customer profile data, message content/metadata, order information, catalog data, support logs.
Duration. For the term of your use plus necessary retention to meet legal obligations.
Security. Encryption in transit, access controls, audit logging, least‑privilege, regular backups.
Sub‑processors. Infrastructure, analytics, and support providers as listed in our Sub‑processor list (as updated).
Transfers. Cross‑border transfers may occur and will be protected by appropriate safeguards where required.
Users are responsible for maintaining the security of their account and password. The company reserves the right to terminate accounts or refuse service at its discretion. All content, trademarks, and data on Chatwise are owned by the company, unless otherwise indicated. Unauthorized use of any content is strictly prohibited.