Terms of service

1. Agreement and eligibility

These terms are between Sendlz Technologies Pvt Ltd (“sendlz”) and the business or organisation that registers for or uses the platform (“you”). By creating an account, accepting an order form or using the service you accept these terms. If you accept for a company, you confirm you have authority to bind it.

The service is for business use only. You must be at least 18, not be barred from using the service under applicable sanctions or export laws, and not operate a business we prohibit in section 6.

Additional documents form part of the agreement: our Privacy policy, our Data Processing Addendum, any order form, the Acceptable Use rules in section 6, and the third-party terms in section 5. If they conflict, the order form prevails, then the DPA (for personal data), then these terms.

2. Your account

Give us accurate registration, business and tax information and keep it current. Keep credentials and API keys confidential and use the platform’s roles and permissions to limit access. You are responsible for all activity under your account and for your team’s and clients’ use, and you must tell us promptly of any suspected unauthorised access.

3. The service

sendlz provides a console and APIs for sending and receiving WhatsApp Business messages through Meta’s WhatsApp Business Platform, SMS in markets we support, and email through Amazon SES, together with related tools such as templates, campaigns, a shared inbox, automation and reporting.

We will provide the service with reasonable skill and care and may improve or change features over time. If we make a change that materially reduces core functionality, we will give you [30 days’] notice.

Parts of the service depend on third parties — Meta, telecom operators, mailbox providers and cloud infrastructure. We do not control them and are not responsible for their acts, outages or rule changes, though we will pass on notices and help you respond.

4. Fees, wallet and taxes

• Platform fee. You pay the recurring platform fee in your plan or order form, in advance for each billing period. Fees renew automatically until you cancel; you can cancel at any time effective at the end of the current period.
• Message costs. Charges for WhatsApp messages are Meta’s published per-message rates for the message category and recipient country, and email charges are Amazon SES rates, both passed through by sendlz without markup. [SMS charges are per SMS segment at the rate shown in your console rate card.] We show the rate applied to every message on your ledger.
• Wallet. Message charges are drawn from a prepaid wallet you top up. Wallet balances do not earn interest and, except where required by law or stated in section 11, are not refundable. Sends may fail or pause when the balance is exhausted, and we will send low-balance alerts.
• Rate changes. Meta, AWS and telecom operators change their rates. We pass changes through from their effective date and will tell you [where practicable, in advance]. We may change the platform fee on [30 days’] notice, effective at your next renewal.
• Taxes. Fees are exclusive of taxes. Indian customers are invoiced in INR with GST. You are responsible for withholding and other taxes other than taxes on our income, and must gross up if withholding applies.
• Payment and disputes. Invoices are due on receipt unless the order form says otherwise. Tell us of any billing dispute within [14 days] of the invoice date. We may charge interest of [1.5% per month] on overdue undisputed amounts and suspend the service after notice under section 11.
• No refunds. Except where these terms or the law say otherwise, fees paid and wallet top-ups are non-refundable. If we terminate without cause, or you terminate for our uncured material breach, we refund the unused portion of prepaid platform fees.

5. Meta, carriers and other third-party terms

Your use of WhatsApp through sendlz is also governed by Meta’s terms and policies as they apply from time to time, including the WhatsApp Business Terms of Service, the WhatsApp Business Solution Terms, the WhatsApp Business Messaging Policy and the WhatsApp Commerce Policy. You agree to comply with them. Meta decides message categories and pricing, approves or rejects templates, sets messaging limits and quality ratings, and can restrict or disable a WhatsApp Business Account or number. sendlz cannot override those decisions.

Your use of email is subject to Amazon Web Services’ acceptable use rules and mailbox providers’ sender requirements. Your use of SMS is subject to the rules of telecom operators and the Telecom Regulatory Authority of India (see section 7).

Where a WhatsApp Business Account is created for you through sendlz, you keep ownership of the account, your phone number and your Meta Business Manager. You can migrate to another provider, and we will cooperate reasonably with a lawful migration, though a migration may require actions only Meta can take.

6. Acceptable use and messaging compliance

You are the sender of every message sent from your account and are solely responsible for its content, its recipients and the consent behind it. You must:

• obtain and keep verifiable opt-in consent, in the form each channel and applicable law requires, before sending any marketing, promotional or non-essential message, and honour opt-outs immediately;
• comply with all applicable law, including the Digital Personal Data Protection Act 2023, the Information Technology Act 2000, the TRAI Telecom Commercial Communications Customer Preference Regulations 2018, the UK GDPR and PECR, the EU GDPR and ePrivacy rules, and consumer and advertising law in each market you message;
• give recipients a clear notice of who you are and how their data will be used, and maintain a lawful privacy policy;
• send only messages and templates that match the category you submit and that you have the right to send.

You must not use the service to send spam or unsolicited messages; to send unlawful, deceptive, harassing, hateful, sexually explicit or infringing content; to phish or distribute malware; to send messages to purchased or scraped lists; to evade a suspension, rate limit or filter; to probe or disrupt the platform; or to resell or sublicense the service without our written consent.

Businesses that Meta, telecom operators or we prohibit may not use the service, including [illegal or regulated goods and services such as gambling, weapons, tobacco, counterfeit goods, adult services, unlicensed financial or investment schemes, and multi-level marketing]. We may update this list as Meta’s and operators’ policies change.

You are responsible for your customers, clients and end-users’ use of the service under your account.

7. SMS and DLT

Commercial SMS in India requires registration with the telecom operators’ DLT platform under TRAI rules. You are responsible for registering your entity, sender IDs (headers) and content templates in your own name, for sending only content that matches an approved template under the right category, for checking and honouring recipient preferences and Do Not Disturb status, and for sending promotional messages only in permitted hours.

We will guide you through registration and may check content against your registered templates before sending, and we may block or hold traffic that we reasonably believe is non-compliant. Operators and telecom providers are independent networks, not our sub-processors, and delivery depends on them. Regulations and operator requirements change, and we may need to change how SMS works to comply.

8. Your data and how we process it

You own your data — your contacts, message content, templates, files and reports (“Customer Data”). You give us a licence to host and process it to provide the service, prevent abuse and comply with law. For personal data in Customer Data, you are the controller (Data Fiduciary) and we are your processor (Data Processor), and our Data Processing Addendum applies.

You are responsible for the lawfulness of the data you collect and load, for giving recipients any required notices and consents, and for responding to requests from your own contacts. We will help you with those requests as the DPA describes.

We may use de-identified, aggregated usage data to run, secure and improve the service. We do not sell Customer Data.

9. Support and service levels

Support is provided in IST business hours through the channels in your plan, with the response targets published on our status and support pages. Our uptime target is [99.9%] measured monthly, excluding scheduled maintenance, third-party outages (including Meta, operators and cloud providers) and issues caused by you. [Service credits, if any, are set out in a separate service-level schedule.] Current availability and incident history are published on our status page.

10. Suspension

We may suspend all or part of the service — without prior notice where the risk is serious — if your use poses a security risk, may harm recipients or other customers, breaches section 6 or 7, risks our own standing with Meta, AWS or operators, or is required by law or a regulator. For non-payment or other curable breaches, we will give [7 days’] written notice and a chance to cure first. We will lift a suspension promptly once the cause is resolved, and will tell you what triggered it.

11. Term and termination

The agreement starts when you accept it and continues until terminated. You may terminate for convenience by cancelling your plan; we may terminate for convenience on [30 days’] written notice. Either party may terminate on written notice if the other materially breaches and does not cure within [15 days] of notice, or immediately if the other becomes insolvent. We may terminate immediately for a serious breach of section 6 or 7 or where required by law.

On termination your access ends and unused prepaid platform fees are refunded only as section 4 states. You can export your Customer Data for [30 days] after termination; after that we delete it as set out in the DPA, subject to legal retention duties. Any remaining wallet balance that is not owed to us will be refunded to the original payment method on request after deducting amounts owed, [unless the balance is below the minimum payout or was granted as a promotional credit].

12. Intellectual property

We own the platform, software, documentation and our trademarks; you get a limited, non-exclusive, non-transferable right to use them during the agreement. You own your Customer Data, your brand and your content. Nothing transfers ownership. If you give us feedback, we may use it without obligation. You may not copy, reverse engineer or build a competing service from the platform except as the law allows.

13. Confidentiality

Each party will protect the other’s non-public business, technical and pricing information with reasonable care, use it only to perform the agreement, and disclose it only to personnel and advisers who need it and are bound to confidentiality, or as required by law. This does not cover information that is public, independently developed, or rightfully received from a third party.

14. Warranties and disclaimers

Each party warrants that it has authority to enter the agreement. You warrant that you hold all rights and consents needed for your data and messages.

Except as expressly stated, the service is provided “as is” and “as available”, and to the extent the law allows we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee uninterrupted or error-free operation, that any message will be delivered or read, or that Meta, operators or mailbox providers will approve a template, number or sender ID.

15. Limitation of liability

To the extent the law allows: (a) neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or data; and (b) each party’s total liability arising from the agreement in any 12-month period is limited to the fees you paid or owed to sendlz in the [12 months] before the event giving rise to the claim.

These limits do not apply to liability that cannot be limited by law, to your obligation to pay fees, to your indemnity in section 16 for content and consent, or to a party’s fraud or wilful misconduct. Message costs passed through from Meta, AWS and operators are not damages and are payable in full.

16. Indemnities

You will defend and indemnify sendlz against third-party claims, fines and losses arising from your messages and content, your lack of required consent or registrations, your breach of section 6 or 7 or of applicable law, or your Customer Data. We will defend and indemnify you against third-party claims that the platform, as we provide it, infringes their intellectual property rights, provided you notify us promptly, let us control the defence and cooperate. We may replace or modify the platform or, failing that, terminate the affected part and refund prepaid fees for it.

17. Governing law and disputes

These terms are governed by the laws of India. The parties will first try to resolve a dispute in good faith for [30 days]. A dispute not resolved will be referred to arbitration under the Arbitration and Conciliation Act 1996 before [a sole arbitrator] with its seat in [Bengaluru], in English. Subject to arbitration, the courts at [Bengaluru] have exclusive jurisdiction; either party may seek urgent injunctive relief from any competent court.

[Regional addenda for customers contracting with our UAE or UK entities to be added after counsel review — for example, governing law and courts of England and Wales for UK customers.]

18. Changes and general terms

We may update these terms. For material changes we will give you at least [30 days’] notice by email or in the console; if you object, you may terminate before the change takes effect and we will refund prepaid platform fees for the remaining period. Continued use after the effective date is acceptance.

Neither party is liable for delay caused by events beyond its reasonable control, other than payment obligations. You may not assign the agreement without our consent, except to a successor of your whole business; we may assign it to an affiliate or successor. If a provision is unenforceable, the rest continues. Notices go to the email in your account (for you) and to [legal@sendlz.com] (for us). These terms, with the documents listed in section 1, are the entire agreement on the subject and replace earlier discussions.

19. Contact

Sendlz Technologies Pvt Ltd, [registered office address]. Email hello@sendlz.com for general questions and [legal@sendlz.com] for legal notices.