,

TERMS AND CONDITIONS

Last updated: January 26, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Softlancer Tech Private Limited, the creators of Wapikit ("Company", "we", "us", "our"). Wapikit is a self-hosted WhatsApp business communication platform designed to enhance marketing, sales, and customer engagement with AI capabilities. We are a company registered in India at Innov8 - Saket Salcon Rasvilas Lower Ground Floor, Saket District Centre, Sector 6, Pushp Vihar, Saket, Delhi, 110017.

We operate the website https://Wapikit.com (the "Site") and https://app.Wapikit.com (the "Application or Platform") as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at +91 8368670749, email at [email protected], or by mail to Innov8 - Saket Salcon Rasvilas Lower Ground Floor, Saket District Centre, Sector 6, Pushp Vihar, Saket, Delhi, 110017, India.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Softlancer Tech Private Limited, concerning your access to and use of Wapikit Services. By accessing Wapikit, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

TABLE OF CONTENTS

1. OUR SERVICES

Wapikit is a SaaS platform designed to streamline WhatsApp business communication for startups, SMBs, and enterprises. Our Services include tools for campaign management, live team inboxes, AI-powered insights, and automated customer engagement solutions, enabling businesses to efficiently manage their WhatsApp interactions.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions are subject to such regulations, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or similar laws.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties globally.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purposes only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the Prohibited Activities section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purposes.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected] . If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

Your Submissions

Please review this section and the Prohibited Activities section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services, you:

  • Confirm that you have read and agree with our Prohibited Activities and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
  • To the extent permissible by applicable law, waive any and all moral rights to any such Submission.
  • Warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions.
  • Warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. Purchases and Payments

a. Billing and Automatic Renewal

Wapikit subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. Until you cancel, your subscription will renew monthly, biannually or annually on the same day of the month or year, respectively, as the date you made your initial purchase and the payment information on file will be billed for the then-current subscription fee. This purchase date will be included on your subscription confirmation receipt that will be emailed to you at the email you provide. You may cancel your Subscription account at any time from within the Settings section of your Account Settings. This will stop future subscription charges from accruing to your account.

b. Cancellation

You can cancel your subscription at any time by logging into your Wapikit account on the Wapikit website and following the instructions on the Account Settings page. To avoid being charged for the next billing cycle, you must cancel your subscription before your next recurring billing date.

If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period. However, no refunds will be provided for the remaining time in your billing cycle. Please note that canceling your subscription does not permanently delete your account from our Service.

If you choose to delete your account after canceling your subscription, all associated data will be permanently removed and cannot be recovered in the future.

c. Refund Policy

No Refunds You may cancel your Subscription Purchase at any time, however, there are no partial or pro-rata refunds for cancellation. If you cancel your subscription, your subscription will remain active, until the next billing cycle. Wapikit may offer partial, pro rata refunds for Wapikit's early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific Wapikit program expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your account or Wapikit suspends or terminates your account under this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any Wapikit Indicators, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

d. Fair Usage Policy for Refunds

To claim a refund for your purchase of Wapikit services, you must meet the fair usage policy restrictions described below. If you fail to meet any of these restrictions, you will not be eligible for a refund.

i.) Fair usage restrictions for Campaign Sending

To claim a refund on your subscription, you must not have exceeded the limit of sending more than 10 campaigns (for user with subscription plans allowing unlimited campaigns) or more 50% of your allowed active campaign limit within the first 7 days of your subscription. This limit ensures a fair and reasonable use of the platform during the refund period.

ii.) Fair usage restrictions for AI Token Usage

Users are not permitted to use more than 50% of their AI tokens allocated for their subscription within the first 7 days. This restriction ensures balanced usage of the AI-powered features. You can monitor your token usage in your Account Settings.

Please note that these limits are designed to ensure fair usage of Wapikit's services and maintain platform integrity for all users. Refunds will not be issued if the fair usage restrictions are violated.

e. Payment Information

Taxes All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchases, transactions or other monetary transaction interactions.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Attempt to impersonate another user or person or use the username of another user.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.

8. User Generated Contributions

The Services does not offer users the ability to submit or post content.

9. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

10. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.

11. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Legal Terms.
  • Take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting such user to law enforcement authorities.
  • Remove or disable files and content that are excessive in size or burdensome to our systems.
  • Otherwise manage the Services to protect our rights and property and facilitate proper functioning.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: here. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from another region with different laws governing personal data collection, you consent to transferring your data to India.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under 13 has provided personal information to us, we will delete that information promptly.

Security

Wapikit values the integrity and security of your personal information. We take measures to protect your data and maintain security across our platform. However, it is important to understand that we cannot guarantee that unauthorized third parties will never be able to bypass our security measures or misuse your personal information.

By using our Services, you acknowledge that you provide your personal information at your own risk.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to the Services to anyone for any reason without notice, including violations of these Legal Terms.

If we terminate or suspend your account for any reason, you are prohibited from registering a new account under your name or a fake name. We reserve the right to take legal action, including pursuing civil, criminal, or injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove content from the Services at any time without notice. We are not liable for any modifications, interruptions, or discontinuation of the Services.

While we aim to ensure the availability of the Services, we cannot guarantee uninterrupted operation. You agree that we have no liability for any loss or inconvenience caused by downtime.

16. GOVERNING LAW

These Legal Terms are governed by the laws of India. Both parties consent to the exclusive jurisdiction of courts in India.

17. DISPUTE RESOLUTION

Informal Negotiations

Parties agree to attempt informal resolution of disputes for 30 days before pursuing arbitration or other legal action.

Binding Arbitration

Disputes will be resolved through binding arbitration under the rules of the International Commercial Arbitration Court, seated inDelhi, India, with proceedings conducted inEnglish.

Restrictions

Arbitration is limited to disputes between the parties individually. Class actions or representative claims are not permitted.

Exceptions to Informal Negotiations and Arbitration

Disputes related to intellectual property rights, theft, or other unauthorized use are exempt from arbitration and will be resolved in court.

18. CORRECTIONS

There may be typographical errors or inaccuracies on the Services. We reserve the right to correct these without notice.

19. NO WARRANTY

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Wapikit, its subsidiaries, affiliates, and licensors do not warrant that the content is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you will be solely responsible for any damage to your computer system, mobile device, or loss of data that results from such download or your use of the Service.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

Wapikit does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Wapikit Service or any hyperlinked website or service, and Wapikit will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

20. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Wapikit, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Wapikit be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein.

Wapikit assumes no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content;
  • Personal injury or property damage resulting from your access to or use of our Service;
  • Unauthorized access to or use of our secure servers and/or any personal information stored therein;
  • Any interruption or cessation of transmission to or from the Service;
  • Bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party;
  • Errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;
  • User content or the defamatory, offensive, or illegal conduct of any third party.

In no event shall Wapikit, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, liabilities, obligations, damages, losses, or costs exceeding the amount you paid to Wapikit under this Agreement or ₹1000.00, whichever is greater.

This limitation of liability applies regardless of the legal theory under which the liability is asserted, including contract, tort, negligence, strict liability, or any other basis, even if Wapikit has been advised of the possibility of such damages. The foregoing limitation of liability applies to the fullest extent permitted by law in the applicable jurisdiction.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

21. INDEMNIFICATION

You agree to indemnify and hold us harmless from claims or damages arising from your use of the Services, breach of these Legal Terms, or violation of any rights of a third party.

22. USER DATA

We maintain certain data transmitted to the Services but are not liable for data loss or corruption. You are responsible for backing up your data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

26. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Softlancer Tech Private Limited
Innov8 - Saket Salcon Rasvilas Lower Ground Floor
Saket District Centre, Sector 6, Pushp Vihar, Saket
Delhi, Delhi, 110017
India
Phone: +91 8368670749
Email: [email protected]