Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "Tenant", or "you") and Etechinfo Consultant Pvt. Ltd., a company incorporated under the laws of India, operating the Zapwa platform ("Zapwa", "we", "us", or "our").

By creating an account on the Zapwa platform at app.zapwa.in, subscribing to any plan, using any feature of the Service, or clicking "I Agree" or any similar button, you confirm that:

• You are at least 18 years of age and have the legal capacity to enter into a binding contract under Indian law (Indian Contract Act, 1872);
• If you are accepting on behalf of a company, organisation, or other legal entity, you have the authority to bind that entity to these Terms, and references to "you" shall include that entity;
• You have read, understood, and agree to be bound by these Terms;
• You agree to comply with all applicable laws and regulations, including Indian law and Meta's WhatsApp Business policies.

If you do not agree to these Terms, you must not access or use the Service. These Terms are published in compliance with Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

• Service / Platform / Zapwa — The multi-tenant WhatsApp Business SaaS platform operated by Etechinfo Consultant Pvt. Ltd., accessible at app.zapwa.in and related subdomains, including all features, APIs, and services provided therein.
• Customer / Tenant — A business or organisation that has registered for and uses the Service under a paid subscription or free trial, and is responsible for compliance with these Terms.
• User — An individual who accesses the Service on behalf of and with the authorisation of a Tenant (e.g., a team member or employee with a Zapwa account).
• End-User — A natural person who receives WhatsApp messages sent by a Tenant through the Zapwa platform. End-Users are not parties to these Terms.
• Subscription — The recurring licence to access and use the Service on a monthly or annual billing cycle, subject to payment of the applicable Fees.
• Trial — A limited-time, no-cost period (typically 14 days) during which a Customer may use the Service without charge, subject to these Terms.
• Fees — The subscription charges, platform fees, and any applicable WhatsApp conversation charges payable by the Customer for access to and use of the Service.
• Customer Data — All data, content, and information uploaded, entered, or generated by a Customer or its Users through the Service, including contact lists, message templates, campaign content, and WhatsApp Business Account credentials.
• Content — Any text, images, media, or other material included in messages sent by a Customer through the Service.
• Confidential Information — Any non-public information disclosed by one party to the other in connection with the Service, including but not limited to pricing terms, technical architecture, business plans, and Customer Data.
• WABA — WhatsApp Business Account, the account registered with Meta that enables businesses to send and receive messages through the WhatsApp Business API.
• Meta / WhatsApp — Meta Platforms, Inc., and its subsidiaries including WhatsApp LLC, which operate the WhatsApp messaging platform and the WhatsApp Business API.

Zapwa is a multi-tenant Software-as-a-Service (SaaS) platform that enables businesses to:

• Connect their WhatsApp Business Account (WABA) to the Zapwa platform using Meta's official Embedded Signup flow;
• Create, submit, and manage Meta-approved WhatsApp message templates;
• Send bulk marketing and transactional messages to opted-in contacts through Meta's Cloud API and Marketing Messages Lite API;
• Manage incoming customer conversations through a shared team inbox with role-based access for multiple agents;
• Track campaign performance analytics, delivery rates, and message status in real time;
• Manage contact lists, opt-in consent records, and customer data within isolated, multi-tenant workspaces.

Zapwa is a WhatsApp Business Solution Provider partner of Meta. All messaging functionality is delivered through Meta's official WhatsApp Business Cloud API. The availability, features, and pricing of the underlying API are determined by Meta and may change.

The Service is provided on a subscription basis. Zapwa reserves the right to modify, update, or discontinue features of the Service with reasonable prior notice to active subscribers.

To register for and use the Service, you must:

• Age and capacity: Be at least 18 years old and have the legal capacity to enter into a binding contract. The Service is intended for business use. Indian businesses are our primary audience; international businesses are also accepted subject to KYC verification.
• Accurate information: Provide accurate, complete, and current registration information, including a valid business email address, company name, and business address. You must update your information promptly if it changes.
• Valid WABA: Connect a WhatsApp Business Account that you own or are duly authorised to manage. Connecting a WABA that does not belong to your business is a material breach of these Terms.
• One account per business: Each legal business entity should maintain one Zapwa account. Creating multiple accounts to circumvent usage limits, suspensions, or pricing is prohibited.
• Account security: Maintain the confidentiality of your login credentials. You are solely responsible for all activities that occur under your account. If you suspect unauthorised access, you must notify us immediately at support@zapwa.in.
• No account transfer: Your account is personal to your business and may not be sold, transferred, or sublicensed to any third party without our prior written consent.

As a Customer of Zapwa, you are responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and third-party terms. Specifically, you agree to:

• Comply with Meta's policies: Fully comply with the WhatsApp Business Policy, Meta Platform Terms, and WhatsApp Commerce Policy, as amended from time to time by Meta.
• Obtain and maintain opt-in consent: Send messages exclusively to End-Users who have explicitly opted in to receive WhatsApp Business messages from your company. You must maintain verifiable records of opt-in consent, including the date, channel, and method of consent, for each contact.
• No spam or unsolicited messaging: Not send unsolicited messages, bulk messages to unverified lists, or any form of messaging that constitutes spam under Indian law (IT Act 2000) or Meta's policies.
• No prohibited content: Not use the Service to send, promote, or distribute content that is:
  • Illegal under applicable law (gambling, adult content, illegal weapons, narcotics, counterfeit goods);
  • Political campaign messaging (as defined and prohibited by Meta's policies);
  • Defamatory, obscene, discriminatory, or hateful;
  • Deceptive, fraudulent, or misleading;
  • In violation of any third-party intellectual property rights or privacy rights.
• Respect opt-out requests: Immediately honour any request from an End-User to stop receiving messages from your business. Update your contact lists and suppress opted-out numbers before subsequent campaigns.
• Comply with Indian law: Comply with all applicable Indian laws including the IT Act 2000, the Consumer Protection Act 2019, the DPDP Act 2023, and any applicable sectoral regulations governing your industry.
• No reverse engineering: Not attempt to reverse engineer, decompile, disassemble, or derive source code from any part of the Service.
• No scraping or automated access: Not scrape, harvest, or systematically extract data from the platform without our prior written consent.
• No unauthorised resale: Not resell, sublicense, or provide access to the Service to third parties without our prior written agreement.

Zapwa reserves the right to immediately suspend or terminate any account that violates this Section, with or without notice, and to report violations to Meta and relevant Indian authorities.

Your use of Zapwa to send WhatsApp messages is subject to additional terms specific to the WhatsApp Business platform:

• Opt-in compliance is your responsibility: Zapwa provides the technology to send messages, but the obligation to obtain valid opt-in consent from each recipient lies entirely with you, the Customer. We do not independently verify the consent status of contacts you upload.
• 24-hour customer service window: Under Meta's policies, businesses may send free-form messages (session messages) only within 24 hours of a customer initiating a conversation. Outside this window, only Meta-approved template messages may be sent. You are responsible for respecting this restriction.
• Template message approval: All template messages must be submitted to and approved by Meta before they can be sent at scale. Zapwa facilitates the submission process, but template approval decisions are made solely by Meta. Zapwa does not guarantee or influence Meta's approval decisions.
• Quality rating: Meta assigns a quality rating to your WhatsApp Business phone number based on the feedback (blocks, reports) from your message recipients. A low quality rating may result in messaging limits or account restrictions imposed by Meta. Your quality rating is determined by the content you send and the recipients' responses — not by Zapwa.
• WABA suspension by Meta: Meta may restrict, suspend, or ban your WABA at any time if you violate its policies, independently of any action taken by Zapwa. Zapwa is not liable for any such restriction, suspension, or ban, and subscription fees are non-refundable in such circumstances.
• Pass-through of Meta's terms: By using Zapwa, you acknowledge and agree that you are bound by Meta's WhatsApp Business Policy and Platform Terms as a downstream user. These terms are incorporated into these Terms of Service by reference.

• Subscription plans: Zapwa offers subscription plans on a monthly or annual basis, as displayed on our pricing page. Detailed pricing is available at zapwa.in/landing/pricing.
• Free trial: New accounts may be eligible for a 14-day free trial. The trial provides access to core platform features within specified limits. At the end of the trial, you must subscribe to a paid plan to continue using the Service. We reserve the right to modify or discontinue trial offers at any time.
• WhatsApp conversation charges: In addition to Zapwa's platform subscription fee, Meta charges per-conversation rates for WhatsApp messages sent through the API. These charges are determined by Meta and vary by message category (marketing, utility, authentication, service) and the recipient's country. Zapwa passes these charges through to you at cost.
• Auto-renewal: Subscriptions auto-renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You authorise us to charge your payment method on file for the applicable renewal amount.
• Payment methods: We accept UPI, credit and debit cards, and net banking via Razorpay (for Indian customers) and major international credit cards via Stripe (for international customers). All payments for Indian customers are processed in Indian Rupees (INR).
• GST: All prices are exclusive of Goods and Services Tax (GST). GST at the applicable rate will be charged additionally on all invoices issued to Indian customers. GST invoices will be issued with Etechinfo Consultant Pvt. Ltd.'s GSTIN.
• Price changes: We reserve the right to change our subscription fees. For existing subscribers, price changes will take effect at the start of the next billing period, with at least 30 days' advance notice via email.
• Failed payments: If a payment fails, we will notify you and retry the charge. If payment remains unsuccessful after 7 days, we may suspend your account. Your account and data will be preserved for 30 days after suspension to allow you to resolve the payment issue.
• Suspension for non-payment: Access to the Service may be suspended for non-payment after 7 calendar days of written notice. Suspension does not excuse you from paying the outstanding amounts.

Subscription Fees: All subscription fees paid to Zapwa are non-refundable, except where expressly required by applicable Indian consumer protection law. When you cancel your subscription, cancellation takes effect at the end of the current billing period — you retain access to the Service for the remainder of the period you have already paid for, but no refund will be issued for that remaining period.

WhatsApp Conversation Charges: Conversation charges incurred through the Meta Cloud API are non-refundable. These charges are determined and billed by Meta and merely passed through by Zapwa. Once a message has been submitted to Meta's API, the associated charge cannot be reversed.

Free Trial: No charges are applied during the free trial period. If you choose not to subscribe at the end of your trial, your account and data will be retained for 30 days and then deleted, with no charge.

Exceptional Circumstances: In rare circumstances — such as a documented billing error or extended platform unavailability caused solely by Zapwa — we may, at our sole discretion, issue a credit or partial refund. Such decisions are made case by case and do not establish a general policy of refundability.

WABA Suspension by Meta: No refunds are issued in circumstances where your WABA is suspended or banned by Meta due to your violation of Meta's policies.

You own your data. All Customer Data — including your contact lists, message templates, campaign content, opt-in records, and WhatsApp Business Account credentials — remains your property. Zapwa does not claim ownership of Customer Data.

Zapwa as Data Processor: With respect to the personal data of your End-Users (the phone numbers and information of people you message), Zapwa acts as a Data Processor under the DPDP Act 2023. You, the Customer, are the Data Fiduciary. You are solely responsible for ensuring that your collection, processing, and use of End-User personal data complies with all applicable data protection laws, including the DPDP Act 2023 and the IT Rules 2011.

Licence to Zapwa: By using the Service, you grant Zapwa a limited, non-exclusive, royalty-free licence to process, store, and transmit Customer Data solely to the extent necessary to provide the Service to you. This licence terminates when you delete your account or these Terms expire.

Data export: You may export your Customer Data at any time while your account is active. Upon termination, you have 30 days to export your data before it is deleted in accordance with our retention policy.

The Zapwa platform, including all software, code, algorithms, user interfaces, trademarks, service marks, logos, branding, documentation, and marketing materials, is the exclusive intellectual property of Etechinfo Consultant Pvt. Ltd. and is protected by applicable intellectual property laws in India and internationally.

Subject to your compliance with these Terms and timely payment of Fees, Zapwa grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during your active subscription period solely for your internal business operations.

You agree not to: (a) copy, modify, or create derivative works of the Service; (b) distribute, publicly display, or publicly perform the Service; (c) reverse engineer, decompile, or disassemble any part of the Service; (d) use our trademarks, logos, or brand elements without our prior written permission; or (e) remove or alter any proprietary notices in the Service.

The "Zapwa" name, logo, and all related product names, designs, and slogans are trademarks of Etechinfo Consultant Pvt. Ltd. All other trademarks mentioned in the Service are the property of their respective owners.

Each party ("Receiving Party") may have access to Confidential Information of the other party ("Disclosing Party") in connection with the Service. Each party agrees to:

• Hold the Disclosing Party's Confidential Information in strict confidence and not disclose it to any third party without the Disclosing Party's prior written consent;
• Use Confidential Information only for the purpose of performing obligations or exercising rights under these Terms;
• Protect Confidential Information using at least the same degree of care used to protect its own confidential information, and in any event not less than reasonable care.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was already known to the Receiving Party at the time of disclosure without restriction; (c) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; or (d) is required to be disclosed by applicable law, court order, or government authority, provided the Receiving Party gives the Disclosing Party prompt prior written notice where legally permitted.

Termination by You: You may cancel your subscription at any time from your account settings or by contacting us at support@zapwa.in. Cancellation takes effect at the end of your current billing period. No refund will be issued for the remaining subscription period.

Suspension or Termination by Zapwa: We may suspend or terminate your access to the Service with written notice (email to your registered address) in the following circumstances:

• Material breach of these Terms or Meta's WhatsApp Business Policy;
• Non-payment of Fees after 7 days' written notice;
• Conduct that poses a risk to the security, integrity, or reputation of the platform or other users;
• Direction from Meta to suspend or terminate API access associated with your WABA;
• Requirement under applicable law, court order, or government direction.

For serious violations (spam, illegal content, fraudulent activity), we may suspend your account immediately without prior notice. We will notify you of the suspension via email and provide an opportunity to respond within a reasonable timeframe.

Effect of Termination: Upon termination or expiry:

• Your right to access and use the Service ceases immediately (or at the end of the billing period, for cancellations);
• You have 30 days to export your Customer Data from the platform;
• After 30 days, your Customer Data will be permanently deleted in accordance with our Privacy Policy and Data Retention schedule;
• Any outstanding Fees remain due and payable.

Survival: Sections 8 (Refund Policy), 9 (Customer Data Ownership), 10 (Intellectual Property), 11 (Confidentiality), 14 (Limitation of Liability), 15 (Indemnification), 17 (Governing Law), and 20 (Severability, Waiver, Entire Agreement) survive termination of these Terms.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW. ZAPWA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• No warranty of uninterrupted access: We do not warrant that the Service will be available at all times, without interruption, or free from errors or bugs. Scheduled maintenance, emergency patches, or external outages may result in temporary unavailability.
• No warranty for third-party services: The Service depends on the WhatsApp Business Cloud API operated by Meta. Zapwa does not warrant the availability, reliability, or performance of Meta's infrastructure. Outages, rate limiting, or policy changes by Meta are beyond Zapwa's control.
• No warranty of template approval: Zapwa does not warrant that any message template you submit will be approved by Meta. Template approval is entirely at Meta's discretion.
• No warranty of WABA quality rating: Your WhatsApp Business Account quality rating is determined by your messaging practices and your recipients' reactions. Zapwa does not warrant any specific quality rating outcome.
• No warranty of fitness for purpose: The Service is provided for general WhatsApp Business communication purposes. We make no warranty that the Service is suitable for any specific industry, regulatory environment, or particular business use case.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, IN NO EVENT WILL ZAPWA, ETECHINFO CONSULTANT PVT. LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, goodwill, data, or business opportunities;
• Damages arising from WABA suspension or restriction imposed by Meta due to your policy violations;
• Damages arising from your failure to maintain valid opt-in consent or your violation of messaging policies;
• Damages resulting from the unavailability of Meta's WhatsApp Cloud API or any third-party service dependency.

Liability Cap: Our total aggregate liability for any and all claims arising under or in connection with these Terms shall not exceed the total Fees paid by you to Zapwa in the twelve (12) months immediately preceding the event or first claim giving rise to liability.

Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by Zapwa's gross negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable Indian law.

You agree to indemnify, defend, and hold harmless Etechinfo Consultant Pvt. Ltd. and its directors, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or in connection with:

• Your use of the Service in violation of these Terms;
• Your violation of Meta's WhatsApp Business Policy, Platform Terms, or Commerce Policy;
• Your failure to obtain, maintain, or document valid opt-in consent from your End-Users;
• Any spam, illegal content, or prohibited messaging sent by you through the Service;
• Any claims by End-Users or third parties arising from messages sent by you through the Service;
• Infringement of any third-party intellectual property rights, privacy rights, or other rights by Content you transmit through the Service;
• Your violation of any applicable Indian law, including the IT Act 2000, the DPDP Act 2023, and any applicable consumer protection or spam regulations.

Zapwa reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by events beyond that party's reasonable control, including but not limited to: acts of God, natural disasters, floods, earthquakes, pandemics, epidemics, wars, riots, civil unrest, governmental actions, internet outages, power failures, actions or omissions of third-party service providers (including Meta), or cyberattacks that could not reasonably have been prevented by standard security measures.

The party claiming force majeure must notify the other party promptly of the occurrence and expected duration of the force majeure event. If the force majeure event persists for more than 30 days, either party may terminate the affected portion of the Service by written notice to the other party.

These Terms shall be governed by and construed exclusively in accordance with the laws of the Republic of India, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Dispute Resolution: The parties shall first attempt to resolve any dispute arising out of or relating to these Terms through good-faith mediation. Either party may initiate mediation by written notice to the other. If the dispute is not resolved within 30 days of such notice (or such longer period as the parties may agree), either party may refer the dispute to arbitration.

Arbitration: Any unresolved dispute shall be finally settled by binding arbitration in Noida, Uttar Pradesh, India, before a sole arbitrator mutually appointed by the parties or, failing agreement, appointed under the Arbitration and Conciliation Act, 1996 (as amended). The language of arbitration shall be English. The arbitrator's decision shall be final and binding on both parties.

Courts: Subject to the arbitration clause above, both parties irrevocably submit to the exclusive jurisdiction of the courts in Gautam Buddha Nagar (Noida), Uttar Pradesh, India, and the courts of Delhi, for any matter that is not subject to arbitration or that requires interim relief.

Zapwa reserves the right to update, modify, or replace these Terms at any time. For material changes — those that significantly affect your rights or obligations — we will provide at least 30 days' prior written notice via email to your registered address and/or via a prominent notice within the platform.

Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription before the effective date.

Non-material changes (such as corrections, clarifications, or updates required by law) may take effect upon posting, with a note of the revision date.

All notices, requests, and communications under these Terms shall be in writing and delivered by email to the following addresses:

• Notices to Zapwa / Etechinfo Consultant Pvt. Ltd.: legal@zapwa.in or by registered post to: H-187, Sector 63, Noida, Uttar Pradesh 201301, India.
• Notices to you: To the email address associated with your registered Zapwa account.

Notices delivered by email are deemed received upon confirmation of delivery (or 24 hours after sending if no delivery failure notice is received). Notices by registered post are deemed received 5 business days after posting.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Waiver: No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. A waiver of any breach is not a waiver of any subsequent breach.

Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, and Data Deletion Instructions, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of substantially all of our assets, without your consent, provided we notify you.

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we have designated a Grievance Officer to address complaints from users relating to the Service, our Terms, or our Privacy Policy.

For questions about these Terms, please contact us through the appropriate channel: