Chatwise Terms of Service

We do not operate Instagram, WhatsApp, or other third-party Integrations. The Platform depends on such Integrations, which may change, be restricted, or be suspended by those providers at any time. Features may vary by plan, geography, device, or integration partner.

To use Instagram, WhatsApp where available, or other supported services via Chatwise, you must maintain valid third-party accounts and grant the permissions requested by the Platform. You authorize us to receive, transmit, process, and display data from those accounts as needed to provide the Services.

You must comply with all Policies applicable to each Integration, including Meta / Instagram rules, WhatsApp Business Messaging, Commerce, and Template policies where applicable, and any applicable quality ratings, messaging windows, approval rules, or rate limits.

You are solely responsible for obtaining, recording, and maintaining all legally required consents, notices, and opt-ins from Customers before sending automated, templated, promotional, or AI-assisted messages, and for honoring opt-outs, unsubscribe requests, and do-not-disturb preferences promptly.

If you use a WhatsApp Business number through a BSP or Cloud API provider where WhatsApp support is available, you are responsible for registration, template approvals, quality rating management, channel fees, conversation fees, and related compliance.

If you upload, send, or record media, files, or audio through Chatwise where such features are available, you represent that you have all rights, permissions, and lawful basis needed to do so, including any consent required from individuals whose voice, likeness, or personal data may be included.

Between you and us, you retain ownership of your Content.

You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, analyze, and otherwise use your Content solely as necessary to provide, maintain, support, improve, secure, and legally comply in connection with the Services, including fraud prevention, abuse detection, diagnostics, and enforcement of these Terms.

If you enable AI-assisted features, you authorize us to process Content, including message history, product information, FAQs, templates, attachments, and related context, to generate suggestions, summaries, categorizations, or automated replies. You remain solely responsible for reviewing and approving outputs before use where appropriate. AI outputs may be inaccurate, incomplete, delayed, or unsuitable for your intended use.

If you record or upload a voice reply or other audio content using Chatwise where available, you authorize us and our service providers to process, transmit, store, convert, render, and display such audio solely as necessary to provide the feature and operate the Platform.

Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

For messaging Content, Customer data, and other business data you provide or control through the Platform, you are typically the data controller or equivalent decision-maker, and we act as your processor or service provider, unless applicable law or a separate agreement provides otherwise.

You represent that you have a lawful basis for processing and sharing personal data with us and that you will honor applicable rights requests and legal obligations. Where applicable, we will support your compliance efforts under India's Digital Personal Data Protection Act, 2023, and other applicable data protection laws, subject to our policies and any executed data processing addendum.

We implement reasonable technical and organizational measures to protect personal data and service data. However, no system is perfectly secure, and we cannot guarantee absolute security.

We may retain logs, Content, technical records, audio, message history, device/app registration data, and related information as reasonably necessary for service operation, legitimate business purposes, security, legal compliance, dispute resolution, and enforcement. Upon termination or valid request, we will delete or return data as described in our policies, subject to lawful retention requirements.

We may investigate suspected violations and suspend, restrict, remove Content, or terminate access where appropriate.

You represent and warrant that you have obtained all necessary consents, notices, permissions, and rights to use and share Content with us; your use of the Platform will comply with law and applicable Policies; you will maintain accurate account and business information; you will obtain and maintain any registrations, approvals, or authorizations required for your messaging or business activity; and you will not rely on AI outputs without appropriate review where material.

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, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE DO NOT GUARANTEE MESSAGE DELIVERY, REACH, OPEN RATES, RESPONSE RATES, CONVERSIONS, APPROVALS, PLATFORM ACCESS, QUALITY SCORES, NOTIFICATION DELIVERY, OR ANY PARTICULAR BUSINESS OUTCOME.

These Terms, together with any order forms, policies, addenda, or other documents expressly incorporated by reference, constitute the entire agreement between you and us regarding the subject matter and supersede prior agreements relating to it.

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

A failure to enforce any provision is not a waiver of that provision or any other provision.

Legal notices to us must be sent to the contact details below or as otherwise updated on the Platform. Notices to you may be provided through the dashboard, your account email, or other reasonable means.

Neither party is liable for delay or failure caused by events beyond reasonable control, including internet failures, telecom outages, labor disputes, acts of God, government action, or outages or restrictions involving third-party platforms or infrastructure.

You must comply with applicable Meta / Instagram policies, rate limits, comment and DM automation rules, community guidelines, and any applicable commerce rules. Auto-reply features must respect user privacy and platform rules.

Where WhatsApp support is available, you must maintain an approved WhatsApp Business account where required; obtain valid opt-in before sending marketing or promotional messages; use approved templates where required outside applicable session windows; honor user opt-outs promptly; pay applicable conversation or provider fees; and monitor quality ratings and related compliance signals.

We may suspend or restrict messaging for numbers or accounts with low quality ratings, repeated policy violations, high spam reports, or abuse indicators.

You = Controller / Business User

We = Processor / Service Provider

Processing messaging, media, audio, technical, and related Customer data to provide the Services.

Customer profile data, message content and metadata, attachments, voice replies / audio messages where available, order information, catalog data, support logs, device / app registration data, and notification tokens where applicable.

For the period of your use of the Services plus any additional retention reasonably necessary to meet legal, security, operational, backup, or dispute-resolution requirements.

Encryption in transit, access controls, audit logging, least-privilege permissions, backups, and related technical and organizational safeguards.

Infrastructure, cloud storage, analytics, notification, authentication, support, and related providers as described in our policies or sub-processor disclosures, as updated from time to time.

Cross-border transfers may occur and will be protected by appropriate safeguards where required by applicable law.