Terms & Conditions

Terms & Conditions – This agreement governs your access to and use of Kommify’s WhatsApp Business API‑based lead management CRM platform. By creating an account or using the Services, you accept these Terms.
1. Defs 2. Services 3. Account 4. Acceptable 5. WhatsApp 6. Fees 7. Payment 8. Term 9. SLA 10. Data 13. IP 16. Liability
1. Definitions
Term Definition
Account Your registered account to access the Services.
Customer Data Data you or your end users submit (contacts, messages, templates, metadata).
Documentation Guides, help content, and technical docs provided by Kommify.
WhatsApp Business Platform Meta’s WhatsApp Business services and APIs.
End Users Individuals or entities you communicate with via the Services.
2. Services & Scope

Kommify provides lead management CRM tools on WhatsApp: broadcasts, automation, chatbot, inbox, analytics, contact management, and API integrations. Features may depend on third‑party platforms (WhatsApp, hosting, payment processors). We may modify or discontinue features to maintain compliance or performance.

3. Account Registration & Responsibility

You must provide accurate information and keep credentials secure. You are responsible for all activity under your Account. Notify us immediately of unauthorized use.

4. Acceptable Use
  • Use for unlawful purposes
  • Send spam or unsolicited messages
  • Probe or disrupt systems
  • Circumvent rate limits
  • Infringe IP or privacy rights
  • Misrepresent identity

You must obtain valid opt‑in consent before sending WhatsApp messages and comply with WhatsApp & Meta policies. Non‑compliance may lead to suspension.

5. WhatsApp Compliance

WhatsApp Business Terms

Adhere to message categories, template usage, opt‑in, and anti‑spam rules. Repeated violations (high block rates, miscategorised templates) may cause restrictions.

Policy Enforcement

WhatsApp may restrict or terminate accounts for violations. Kommify must act accordingly. You are responsible for content, consents, and throughput.

6. Plans, Fees & Taxes

Subscription

Monthly/annual plans with usage‑based components (conversation fees, add‑ons).

Pricing

Fees shown at checkout. Taxes (GST) are additional. We may update pricing effective next billing cycle with notice.

No Refunds

Except where required by law, fees paid are non‑refundable.

7. Payments via Gateways

Processors

We use Razorpay & Stripe. By paying you agree to their terms. Cards, UPI, netbanking, wallets supported.

Recurring & Disputes

Auto‑renewal authorises recurring charges. Cancel before renewal to stop. Chargebacks may reverse funds and levy fees; you remain liable for amounts due.

Failed/Overdue payments: If payment fails or is overdue beyond 7 days, we may suspend or limit Services until paid.
8. Term, Renewal & Termination
  • Term: Starts on signup/purchase, continues for the subscription term.
  • Renewal: Auto‑renews unless cancelled at least 3 days before the end of the term.
  • Termination for cause: Material breach not cured within 10 days, or required by law/WhatsApp.
  • Effect: Access ends; Customer Data retained for 30 days for export, then deleted/anonymised.
9. Service Levels & Support

Availability

Target 99.5% monthly uptime, excluding maintenance, force majeure, upstream platforms (WhatsApp, hosting, ISPs).

Support

Email/ticket support business days 10:00–18:00 IST. P1 response within 1‑2 business hours; others same day.

Service credits: If we miss uptime target due to our platform (not upstream), you may request 5% of monthly fees for each full 1% below target (capped at 25%). Credits are your sole remedy.
10. Data Protection & Privacy (India DPDP Act)
  • Roles: You are Data Fiduciary; Kommify acts as Data Processor.
  • Lawful basis: You ensure consent and notice to end users.
  • Security: Reasonable measures (access controls, encryption in transit, regular backups).
  • International transfers: Compliant with transfer restrictions.
  • Individual rights: Access, correction, deletion rights (where required).
  • Incident management: Breach notification without undue delay.

See our Privacy Policy for detailed information.

11. Data Ownership, Retention & Export

You own Customer Data. We obtain rights only to provide, secure, and improve the Services (aggregated analytics excluded). During the term + 30 days after termination you can export Customer Data via tools or written request.

12. Third‑Party Services

Use of third‑party services (WhatsApp, payment gateways, CRMs) is subject to their terms; we are not liable for their availability, security, or performance.

13. Intellectual Property

Kommify and licensors own all rights in the Services and Documentation. No licenses are granted except the limited right to access and use during subscription. You may not reverse engineer, copy, or create derivative works.

14. Confidentiality

Each party must protect the other’s non‑public information with reasonable care and use it only for the purposes of the agreement (except where required by law).

15. Warranties, Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE. EXCEPT FOR PAYMENT OBLIGATIONS OR MISUSE OF IP/CONFIDENTIAL INFORMATION, TOTAL LIABILITY IS CAPPED AT AMOUNTS PAID OR PAYABLE IN THE 6 MONTHS PRECEDING THE CLAIM.
17. Indemnity

You will defend and indemnify Kommify against third‑party claims arising from: (a) your content or Customer Data; (b) violation of law (anti‑spam, DPDP, WhatsApp policies); or (c) misuse of the Services.

18. Suspension

We may suspend the Services immediately if required by law or WhatsApp, material breach, security/fraud risks, or overdue payments.

19. Changes to Terms

We may update these Terms. Material changes will be notified (email, in‑app). Continued use after the effective date constitutes acceptance.

20. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Courts in Bengaluru, Karnataka have exclusive jurisdiction. Before litigation, parties will attempt good‑faith discussions for 15 days.