Terms of Service

Please read these Terms carefully before using DC Softek's platform and services.

Last Updated: June 15, 2024 · Effective: June 15, 2024

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and DC Softek ("Company," "we," "us," or "our") governing your access to and use of our SaaS platform, website, APIs, and all related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Service Usage

1.1 Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your organization. By using our Services, you represent and warrant that you meet these requirements.

1.2 License to Use

Subject to these Terms, DC Softek grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes during your subscription period.

1.3 WhatsApp Business API Usage

Use of WhatsApp Business API through our platform is subject to Meta's WhatsApp Business Terms of Service and Usage Policies. You must comply with all applicable Meta policies including message template guidelines, opt-in requirements, and prohibited content rules. DC Softek reserves the right to suspend services if Meta policies are violated.

1.4 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance with prior notice. Downtime beyond our control (including Meta API outages) shall not constitute a breach of these Terms.

2. Account Responsibilities

2.1 Account Registration

You must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

2.2 Account Security

You must immediately notify us at support@dcsoftek.com of any unauthorized access or security breach. We are not liable for any loss arising from unauthorized use of your account due to your failure to secure your credentials.

2.3 Accurate Information

You are responsible for ensuring that all business information, WhatsApp Business Account details, and contact data you provide is accurate and that you have the legal right to use it on our platform.

2.4 Subscription and Payments

Fees are billed in advance. Failure to pay may result in service suspension. Refunds are available within 7 days of initial purchase for new subscriptions only, subject to our refund policy.

3. Acceptable Use Policy

You agree NOT to use our Services to:

  • Send unsolicited, spam, or bulk messages to contacts who have not opted in to receive communications
  • Distribute illegal, harmful, misleading, fraudulent, or defamatory content
  • Violate any applicable laws, regulations, or third-party rights
  • Collect or process personal data without proper legal basis or consent
  • Harass, threaten, or intimidate any person
  • Impersonate any person, organization, or entity
  • Transmit malware, viruses, or malicious code
  • Attempt to reverse engineer, decompile, or extract source code from our platform
  • Circumvent security measures or access restrictions
  • Use the Services to compete with DC Softek or develop competing products
  • Resell or sublicense access to our Services without written authorization
  • Violate Meta's WhatsApp Business Policy or any API usage terms

Violation of this policy may result in immediate account suspension without refund and may be reported to relevant authorities.

4. Intellectual Property

4.1 Our Intellectual Property

DC Softek and its licensors own all right, title, and interest in the Services, including all software, algorithms, designs, trademarks, trade secrets, and documentation. Nothing in these Terms transfers any IP rights to you.

4.2 Your Content

You retain ownership of all content, data, message templates, contacts, and configurations you upload to our platform ("Your Content"). By using our Services, you grant DC Softek a limited license to process, store, and transmit Your Content solely to provide the Services.

4.3 Feedback

Any feedback, suggestions, or ideas you submit to us may be used by DC Softek without obligation or compensation to you.

4.4 Copyright Compliance

You are responsible for ensuring all content you create or upload does not infringe third-party intellectual property rights.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DC SOFTEK DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DC SOFTEK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICES.

5.3 Cap on Liability

Our total aggregate liability to you for any claims arising from these Terms or use of our Services shall not exceed the total fees paid by you in the 3 months preceding the claim.

5.4 Third-Party Services

DC Softek is not liable for any actions, limitations, or outages of Meta's WhatsApp Business API or any other third-party services integrated with our platform.

6. Data Protection and Privacy

Your use of our Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. You warrant that you will comply with all applicable data protection laws when using our Services and processing end-user data.

7. Indemnification

You agree to indemnify, defend, and hold harmless DC Softek, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from: (a) your use of the Services; (b) violation of these Terms; (c) your content or data; (d) violation of any third-party rights; or (e) violation of applicable laws.

8. Termination Policy

8.1 Termination by You

You may terminate your account at any time by contacting us at support@dcsoftek.com. Termination will take effect at the end of your current billing period. No refunds will be issued for unused subscription time.

8.2 Termination by DC Softek

We may suspend or terminate your account with immediate effect if you:

  • Violate these Terms or our Acceptable Use Policy
  • Fail to pay fees when due
  • Use the Services in a way that could cause legal liability for us
  • Are found to be in violation of Meta's WhatsApp Business policies
  • Engage in fraudulent or illegal activities

8.3 Effect of Termination

Upon termination, your access to the Services will cease immediately. Your data will be retained for 30 days after termination, after which it will be permanently deleted. You may request an earlier deletion by contacting support.

9. Governing Law and Disputes

These Terms shall be governed by the laws of India. Any disputes shall be resolved through binding arbitration in India, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive the right to participate in class action proceedings.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email. Continued use of our Services after the effective date of changes constitutes acceptance of the updated Terms.

11. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and DC Softek regarding the Services and supersede all prior agreements.

12. Contact Us

If you have any questions about these Terms, please contact us: