Welcome to Whisimo (“we,” “us,” or “our”). By using our Software as a Service (SAAS) platform, you agree to these Terms of Service (“Terms”). Please read them carefully as they form a legal agreement between you and Whisimo.

1. Acceptance of Terms

By accessing or using Whisimo, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.

2. Description of Services

Whisimo provides SAAS solutions to enhance communication through WhatsApp by managing business profiles, delivering messages, and tracking performance metrics like delivery and read reports. Our services may evolve over time, and we reserve the right to modify, suspend, or discontinue any part of the service without notice.

3. Account Registration and Responsibilities

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials (such as your email address and password) and are fully responsible for all activities that occur under your account.
• If you believe your account has been compromised, you must notify us immediately at support@whisimo.com.
• You may not share, sell, or transfer your account to another person without our written consent.

4. Acceptable Use

When using Whisimo, you agree to:

• Use the service only for lawful purposes and in accordance with these Terms.
• Refrain from any actions that could harm the platform or other users, such as hacking, introducing viruses, or attempting to bypass security measures.
• Not use the service to send spam, phishing messages, or unauthorized marketing messages through WhatsApp.
• Not impersonate any person or entity or falsely state your affiliation with any person or entity.

We reserve the right to suspend or terminate accounts that violate our Acceptable Use policy or engage in activities that harm the integrity of the service.

5. Payment and Billing

• If you subscribe to any of our paid services, you agree to pay the fees associated with your selected plan.
• All payments are due in advance and are non-refundable unless otherwise stated.
• We may change our fees at any time, and new fees will apply upon renewal of your subscription.
• If your payment method fails or your account is past due, we may suspend or terminate your access to the service.

6. Data and Privacy

By using our service, you agree to the collection and use of your data as described in our Privacy Policy. You are responsible for ensuring that the collection, storage, and processing of WhatsApp mobile numbers and other data comply with applicable laws, including data protection regulations.

8. Termination

• You may terminate your account at any time by contacting us at support@whisimo.com.
• We may terminate or suspend your account if you violate these Terms or engage in any unlawful activity.
• Upon termination, you will lose access to your account, and we may delete any data associated with your account, except as required by law or as outlined in our Privacy Policy.

8. Intellectual Property

All content, trademarks, logos, and software on Whisimo, except for user-generated content, are the intellectual property of Whisimo or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the service for your business purposes. You may not copy, distribute, modify, or create derivative works from our content without express permission.

9. Disclaimer of Warranties

Whisimo is provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the service will be uninterrupted, error-free, or secure, and we are not responsible for any issues resulting from third-party services, such as WhatsApp or internet connectivity.

10. Limitation of Liability

To the maximum extent permitted by law, Whisimo and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or in connection with your use of the service. Our total liability to you for any claims arising from your use of the service shall not exceed the amount you paid us, if any, for using the service during the twelve (12) months preceding the incident.

11. Indemnification

You agree to indemnify, defend, and hold harmless Whisimo and its affiliates from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the service, any breach of these Terms, and your violation of any applicable laws or third-party rights, including data protection laws.

12. Changes to the Terms

We may update these Terms from time to time. When we do, we will post the updated version on our website and update the “Last Updated” date at the top of these Terms. Continued use of the service after such changes constitutes your acceptance of the new Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of India. Any disputes arising from or related to these Terms or your use of the service shall be resolved in the courts located in [Your City, India], and you consent to the jurisdiction of such courts.

14. Cancellation and Refund Policy

At Whisimo, we aim to provide you with a great experience. However, if you are not satisfied with our service, you may be eligible for a refund or cancellation under the terms outlined below.

Eligibility for Cancellation

You may cancel your subscription within the first 7 days of service activation. Cancellations made after this period may not be eligible for a refund.

Refund Process

• Refund requests must be submitted through our support channel at support@whisimo.com.
• Refunds will be processed within 7-10 business days from the date of approval.
• Refunds will be issued to the original payment method.

Non-refundable Services

Services such as one-time consultancy or custom integrations are non-refundable once rendered.

15. Contact Information

If you have any questions about these Terms, please contact us at support@whisimo.com.