Terms & Conditions

1.Acceptance of these terms

These Terms & Conditions (“Terms”) are a binding agreement between you and TalkSensy (“TalkSensy”, “we”, “us” or “our”) governing your access to and use of our website, WhatsApp engagement platform and related services (the “Service”).

By creating an account, clicking “I agree”, or otherwise using the Service, you accept these Terms and our Privacy Policy. If you are using the Service on behalf of a business, you represent that you are authorised to bind that business to these Terms. If you do not agree, do not use the Service.

2.Eligibility and accounts

• You must be at least 18 years old and capable of forming a binding contract.
• You must provide accurate, current and complete information when registering and keep it up to date.
• You are responsible for all activity under your account and for keeping your credentials secure.
• You are responsible for your team members’ use of the Service and for managing their access and permissions.
• Notify us promptly at the contact below if you suspect any unauthorised use of your account.

3.The Service and plans

TalkSensy provides tools to run WhatsApp campaigns, manage a shared inbox, automate replies and flows, capture and track leads, and view reporting, connected to the WhatsApp Business Platform provided by Meta. Features vary by plan (Base, Launch and Pro) as described on our pricing page, which we may update from time to time.

We may add, change, suspend or discontinue features to improve the Service. We aim to give reasonable notice of material adverse changes to a plan you are on.

4.Fees, billing and taxes

• Subscription fees — plan fees are billed in advance on a recurring basis (e.g. monthly) as shown at checkout.
• Usage fees — per-chat platform fees, where applicable to your plan, are calculated on your usage and billed for the relevant period.
• Meta WhatsApp charges — charged by Meta at actuals for conversations and are separate from and in addition to TalkSensy’s fees. You are responsible for these charges.
• Taxes — fees are exclusive of taxes (such as GST) unless stated; you are responsible for applicable taxes.
• Payment — you authorise us and our payment providers to charge your chosen payment method for all fees due.
• Late or failed payment — we may suspend or limit the Service if fees are overdue.

Renewals, cancellation and refunds

Paid plans renew automatically for successive periods unless cancelled before the renewal date. You may cancel at any time; cancellation takes effect at the end of the current billing period, and you retain access until then. Except where required by law or expressly stated, fees already paid are non-refundable, and cancelling does not entitle you to a refund for the current period.

5.Acceptable use

You agree not to use the Service to, or to allow anyone to:

• Send messages to recipients who have not opted in, or send spam, bulk unsolicited or deceptive messages;
• Violate the WhatsApp Business Messaging Policy, Meta’s terms, or any applicable law or regulation;
• Send unlawful, fraudulent, defamatory, obscene, hateful, harassing or infringing content;
• Promote prohibited goods or services or engage in prohibited industries under WhatsApp/Meta policies;
• Infringe intellectual-property or privacy rights, or misuse personal data;
• Transmit malware, or attempt to gain unauthorised access to, disrupt or reverse-engineer the Service;
• Resell, sublicense or provide the Service to third parties except as expressly permitted;
• Use the Service to build a competing product, or scrape or harvest data without authorisation.

We may investigate suspected violations and remove content, throttle, suspend or terminate access to protect the Service, other users, recipients or third parties.

6.WhatsApp and Meta compliance

The Service relies on the WhatsApp Business Platform. Your use of WhatsApp through TalkSensy is additionally governed by Meta’s and WhatsApp’s terms and policies, including the WhatsApp Business Messaging Policy and Commerce Policy. You are responsible for:

• Obtaining valid opt-in/consent from recipients before messaging them;
• Honouring opt-out and stop requests promptly;
• Maintaining the quality rating and messaging limits of your WhatsApp Business Account;
• Ensuring your templates, display name and content comply with Meta’s requirements.

Meta may independently rate-limit, restrict or ban WhatsApp Business Accounts. We are not responsible for Meta’s decisions, outages or charges, and such events are outside our control.

7.Your data and responsibilities

You retain ownership of the contacts, content and customer data you provide (“Customer Data”). You grant us a limited licence to host, process and transmit Customer Data as needed to provide the Service. You represent and warrant that you have all necessary rights, consents and lawful bases to collect and process Customer Data and to send messages through the Service, and that your use complies with applicable data-protection and anti-spam laws.

We handle Customer Data as described in our Privacy Policy, acting as your processor for that data.

8.Intellectual property

The Service, including its software, design, TalkSensy name, logos and content (excluding Customer Data), is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, subject to these Terms. You may not copy, modify, distribute, sell or create derivative works from the Service except as expressly permitted. Feedback you provide may be used by us without obligation to you.

9.Third-party services and integrations

The Service may integrate with third-party products (such as payment providers, stores, sheets and automation tools). Your use of those products is governed by their own terms and privacy policies, and we are not responsible for them. Enabling an integration authorises the exchange of relevant data between the Service and that third party.

10.Availability and support

We strive to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, or factors outside our control, including issues with Meta/WhatsApp, hosting providers or the internet. Support is provided through the channels and at the levels described for your plan.

11.Suspension and termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access, with or without notice, if:

• You breach these Terms or applicable WhatsApp/Meta policies;
• Your payment is overdue;
• Your use poses a security, legal or reputational risk, or harms other users or recipients;
• We are required to do so by law or by Meta.

On termination, your right to use the Service ends and we may delete your data as described in our Privacy Policy. Sections that by their nature should survive termination (including fees owed, intellectual property, disclaimers, limitation of liability and indemnification) will survive.

12.Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will meet your requirements, achieve any particular result, or be uninterrupted, secure or error-free. You are solely responsible for your campaigns, message content and compliance with applicable law.

13.Limitation of liability

To the maximum extent permitted by law, TalkSensy and its officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business, arising out of or relating to the Service, even if advised of the possibility. Our total aggregate liability for all claims relating to the Service will not exceed the amount you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim. Meta WhatsApp charges are excluded from this cap as they are payable to Meta, not to us.

14.Indemnification

You agree to indemnify and hold harmless TalkSensy and its affiliates from any claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of your use of the Service, your Customer Data, your messages and campaigns, or your breach of these Terms or of applicable law or WhatsApp/Meta policies.

15.Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-laws principles. The courts located in Mumbai will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to any mandatory arbitration or consumer-protection rights available to you under applicable law.

16.Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you through the Service or by email. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

17.Contact us

Questions about these Terms? Get in touch:

• TalkSensy — operated by TalkSensy
• Email — support@talksensy.com
• Phone — +918850898685
• Address — Thane,Maharashtra,India