Acceptance of Terms
These Terms and Conditions ("Terms") govern access to and use of the Tekmorise website and our AI Solutions, Workflow Automation, Website Development, CRM, Cloud Telephony, WhatsApp Business API, and Business Messaging Services (collectively, the "Services"), provided by Tekmorise ("Tekmorise," "we," "us," or "our").
By creating an account, accessing our website, or using the Services, you ("Customer," "you") agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity. If you do not agree to these Terms, you may not access or use the Services.
Services
Subject to these Terms and your applicable order form or subscription plan, Tekmorise grants you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription term, up to the usage limits — such as message volume, seats, or API calls — described in your plan.
We continually improve the Services and may add, modify, or discontinue features. Where a change would materially reduce core functionality you rely on, we will provide reasonable advance notice where practicable.
User Responsibilities
You are responsible for:
- Providing accurate account and billing information and keeping it up to date.
- Safeguarding your account credentials and API keys, and for all activity that occurs under your account.
- Ensuring that your employees, contractors, and agents who use the Services on your behalf comply with these Terms.
- Obtaining all consents required by applicable law before sending messages or placing calls to end users through WhatsApp, SMS, voice, or any other channel enabled by the Services.
- Complying with applicable telecommunications, data protection, and anti-spam laws relevant to your use of the Services, including regulations issued by telecom authorities in the jurisdictions where you operate.
Acceptable Use
You agree not to use the Services to:
- Send unsolicited messages, or messages to recipients who have not provided the consent required by law or by the relevant channel's policies.
- Transmit malware, phishing content, or fraudulent or deceptive communications.
- Violate the WhatsApp Business Platform policies or the terms of any other third-party platform integrated with the Services.
- Reverse engineer, scrape, or attempt to circumvent rate limits, security controls, or usage restrictions.
- Resell, sublicense, or provide the Services to third parties without our prior written authorization.
- Use the Services in a manner that violates any applicable law or infringes the rights of any third party.
We may suspend or restrict access to the Services, with notice where reasonably practicable, if we determine in good faith that your use violates this section.
Payments & Billing
- Fees are based on your selected plan or order form and are billed in advance for subscription fees, or in arrears based on usage for message and call volume, as applicable.
- Payments are processed through our approved third-party payment processors. Applicable taxes are additional unless stated otherwise.
- If payment is not received by the due date, we may suspend access to the Services after providing notice and a reasonable opportunity to cure.
- Fees are non-refundable except where required by law or expressly stated in your order form.
- We may update our pricing from time to time. Changes will not apply retroactively and will take effect at your next renewal, with prior notice.
Intellectual Property
Tekmorise retains all right, title, and interest in and to the Services, including our software, platform, documentation, and trademarks. Nothing in these Terms transfers ownership of the Services to you.
You retain all rights to the data and content you upload to or generate through the Services, such as CRM records, message content, workflow configurations, and website content ("Customer Data"). You grant Tekmorise a limited license to access, host, and process Customer Data solely to provide and support the Services.
If you provide feedback or suggestions about the Services, we may use that feedback to improve our products without any obligation or compensation to you.
Third-Party Services
The Services integrate with third-party platforms, including the WhatsApp Business Platform (Meta), payment processors, cloud infrastructure providers, and telecommunications carriers. Your use of these integrations is also subject to the applicable third party's own terms and policies. Tekmorise is not responsible for outages, changes, or failures of third-party services that are outside our reasonable control, and you remain responsible for complying with the relevant third party's policies, such as the WhatsApp Business Policy.
Service Availability
We work to keep the Services highly available but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance, and will provide advance notice where practicable. Specific uptime commitments, where applicable, are set out in an enterprise agreement or order form rather than these general Terms.
We are not responsible for interruptions caused by third-party providers, internet service disruptions, or events beyond our reasonable control, including events of force majeure.
Limitation of Liability
To the maximum extent permitted by applicable law, Tekmorise will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or related to your use of the Services, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or related to these Terms or the Services will not exceed the fees paid by you to Tekmorise in the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply where prohibited by law, or to liability arising from gross negligence, willful misconduct, or breach of confidentiality obligations.
Indemnification
You agree to defend, indemnify, and hold Tekmorise harmless from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to: your use of the Services in violation of these Terms or applicable law; content or data you transmit through the Services; your violation of the rights of any third party; or your failure to obtain consents required from your end users before communicating with them through the Services.
Termination
Either party may terminate these Terms for convenience in accordance with the notice period specified in the applicable order form, or immediately if the other party materially breaches these Terms and fails to cure that breach within a reasonable period after written notice.
We may also suspend or terminate your access to the Services for violations of the Acceptable Use section, non-payment, or where required to comply with applicable law. Upon termination, your right to access the Services ends, any outstanding fees remain due, and you may request an export of your Customer Data within thirty (30) days of termination, after which it may be deleted from our systems.
Governing Law
These Terms are governed by the laws of India, without regard to its conflict of law principles. The courts located in Gautam Buddh Nagar, Uttar Pradesh (Noida) will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where applicable mandatory consumer protection law in your jurisdiction requires otherwise.
Contact Information
If you have questions about these Terms, you can reach our team through the Contact Us page, by phone, or by mail at our office address below.
Updates to Terms
We may update these Terms from time to time to reflect changes in our Services or applicable law. Updates take effect as soon as the revised Terms are posted, and the "Last Updated" date at the top of this page will reflect the most recent revision. For material changes, we will provide additional notice — such as an email to registered account holders or a prominent notice on our website — before the change takes effect. Continued use of the Services after a change takes effect constitutes acceptance of the revised Terms.