Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions (hereinafter "Terms," "Agreement") constitute a legally binding agreement between you (whether an individual or an entity, hereinafter "Customer," "you," "your") and Beth Soft Technologies India Private Limited (CIN: U74910KL2020PTC064426), a company incorporated under the laws of India with its registered office at Infopark, Kochi, Kerala 682042, India (hereinafter "Beth Technologies," "Company," "we," "us," "our").

By creating an account, subscribing to a plan, accessing, or using any of our products, services, websites, APIs, or platforms (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Refund & Cancellation Policy, which are incorporated herein by reference.

If you are entering into this Agreement on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Definitions

• "Services" — All SaaS products, platforms, websites, APIs, mobile applications, and related services offered by Beth Technologies, including but not limited to WizMessage, AI Helpdesk, CRM Solutions, and Custom API Development.
• "Platform" — The web-based application dashboard, APIs, and related infrastructure through which the Services are delivered.
• "Customer Data" — All data, content, files, contact lists, message templates, chatbot configurations, Tally/CRM data, and other information uploaded, submitted, or generated by you through the Services.
• "End User" — Any individual who receives messages or interacts with chatbots through the Services on your behalf (e.g., your customers receiving WhatsApp messages).
• "Subscription Plan" — The specific tier of service you have subscribed to (e.g., Starter, Professional, Enterprise), including its associated features, limits, and pricing.
• "Meta API Costs" — Charges levied by Meta Platforms Inc. for WhatsApp Business API message delivery, billed separately from Beth Technologies' platform subscription fees.
• "Billing Cycle" — The recurring period (monthly or annual) for which subscription fees are charged.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity and authority to enter into a binding agreement
• Provide accurate, complete, and current registration information
• Have a valid WhatsApp Business account and comply with Meta's WhatsApp Business Terms of Service (for WizMessage users)
• Not be a resident of or located in a country subject to economic sanctions or embargoes by the Government of India
• Not have been previously suspended or terminated from our Services for violation of these Terms

4. Account Registration & Security

4.1 Registration

To access the Services, you must create an account by providing your name, email address, phone number, business name, and other required information. You represent that all registration information is accurate, complete, and current, and you agree to promptly update your information should it change.

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials (username, password, API keys)
• All activities that occur under your account, whether authorized by you or not
• Notifying us immediately at support@bethtechnologies.com of any unauthorized access or security breach of your account

We reserve the right to suspend your account if we suspect unauthorized access or security compromise.

4.3 Account Sharing

Unless your Subscription Plan expressly permits multi-user access, your account is for your sole use. You may not share, transfer, or assign your account credentials to any third party without our prior written consent.

5. Description of Services

Beth Technologies provides cloud-based SaaS products for business communication and automation, including:

5.1 WizMessage

• WhatsApp Business API Integration: Official Meta-approved API access with co-existence support (you retain access to your existing WhatsApp Business app)
• Broadcast Messaging: Bulk WhatsApp message campaigns to imported contact lists using approved templates
• AI Chatbots: GPT-powered chatbot creation with custom knowledge base training, available on WhatsApp and web
• Visual Flow Builder: Drag-and-drop tool for creating automated conversation flows and decision trees
• Tally ERP Integration: Automated syncing of invoices, outstanding balances, and payment reminders from Tally accounting software to WhatsApp
• Payment Reminders: Automated WhatsApp notifications for overdue invoices and upcoming payments
• Template Management: Creation, submission, and management of WhatsApp message templates with Meta approval workflow
• Analytics Dashboard: Campaign delivery, open rate, response rate, and engagement analytics

5.2 AI Helpdesk

GPT-powered customer support automation with self-learning ticket resolution, knowledge base generation, and smart resource recommendations.

5.3 Custom Solutions

Bespoke CRM integration, API development, WhatsApp commerce, and multi-platform social media management services, available under separate Statements of Work (SOW).

6. Subscription, Billing & Payment

6.1 Subscription Plans

Our Services are offered on a subscription basis. Current plans, pricing, and included features are displayed on our pricing page. We reserve the right to modify pricing with 30 days' prior written notice. Price changes will take effect at the start of your next Billing Cycle.

6.2 Billing

• Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected
• All prices are listed in Indian Rupees (INR) unless otherwise specified
• All prices are exclusive of applicable taxes (GST at 18% or as prescribed). Taxes will be added to your invoice as required by law
• Invoices are generated automatically and sent to your registered email address

6.3 Payment Methods

We accept payments via credit/debit cards, UPI, net banking, and other methods as displayed at checkout. All payments are processed through PCI-DSS compliant payment gateway partners.

6.4 Meta API Costs

6.5 Auto-Renewal

Your subscription will automatically renew at the end of each Billing Cycle unless you cancel before the renewal date. You may cancel auto-renewal at any time through your account dashboard or by contacting our support team.

6.6 Late Payments & Suspension

If a payment fails or is overdue:

• We will send up to 3 payment reminders over a 7-day period
• If payment remains outstanding after 7 days, we may suspend your access to the Services
• If payment remains outstanding after 30 days, we may terminate your account and delete your Customer Data after providing 15 days' notice
• A late payment surcharge of 1.5% per month (or the maximum permitted by law, whichever is lower) may be applied to overdue amounts

7. Free Trial

We may offer a free trial period for certain Services. During the free trial:

• No payment information is required to begin the trial
• The trial period, features, and any message limits will be specified at sign-up
• At the end of the trial, you must subscribe to a paid plan to continue using the Services
• If you do not subscribe, your access to the Services will be restricted. Your data will be retained for 30 days after trial expiration, after which it may be permanently deleted
• We reserve the right to modify, limit, or discontinue free trials at any time without prior notice
• Free trials are limited to one per individual or business entity

8. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in compliance with these Terms, applicable laws, and Meta's WhatsApp policies. You shall NOT:

8.1 Prohibited Content

• Send spam, unsolicited bulk messages, or messages to individuals who have not opted in to receive communications from you
• Send messages containing illegal, defamatory, obscene, threatening, harassing, or discriminatory content
• Distribute malware, phishing links, or fraudulent content through our Platform
• Send messages promoting illegal goods or services, including but not limited to drugs, weapons, gambling (where illegal), or counterfeit products
• Send messages that violate intellectual property rights of any third party

8.2 Prohibited Activities

• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of our Platform
• Circumvent, disable, or interfere with security features, rate limits, or usage restrictions
• Use automated tools (bots, scrapers, crawlers) to access our Platform beyond what our APIs expressly permit
• Resell, sublicense, or redistribute our Services to third parties without written authorization
• Use our Services to compete directly with Beth Technologies or to develop a competing product
• Upload contact lists obtained without proper consent from the individuals listed
• Engage in any activity that could damage, overload, or impair our infrastructure
• Misrepresent your identity, affiliation, or the origin of any message sent through our Services

8.3 Enforcement

Violation of this Acceptable Use Policy may result in:

• Warning and request for corrective action
• Temporary suspension of your account
• Permanent termination of your account without refund
• Reporting to law enforcement authorities where required
• Legal action to recover damages

9. WhatsApp Business Policy Compliance

As a user of WizMessage (or any service utilizing the WhatsApp Business API), you additionally agree to:

• Comply with Meta's WhatsApp Business Policy, Commerce Policy, and Business Terms of Service
• Only message End Users who have explicitly opted in to receive WhatsApp communications from your business
• Provide a clear and easy mechanism for End Users to opt out of receiving future messages
• Honor all opt-out requests within 24 hours
• Not use WhatsApp Business API to send messages related to healthcare protocols, financial services, or political campaigning unless you comply with all applicable industry-specific regulations
• Accept that Meta may restrict, suspend, or revoke your WhatsApp Business API access at its sole discretion for policy violations. Beth Technologies is not liable for any losses arising from Meta's enforcement actions.

10. Customer Data

10.1 Ownership

You retain all ownership rights to your Customer Data. Beth Technologies does not claim ownership of any data you upload, create, or transmit through the Services.

10.2 License to Process

By using our Services, you grant Beth Technologies a limited, non-exclusive, worldwide license to host, store, process, and transmit your Customer Data solely for the purpose of providing and improving the Services. This license terminates upon termination of your account and deletion of your data.

10.3 Your Responsibilities

You are solely responsible for:

• The legality, accuracy, and quality of your Customer Data
• Obtaining all necessary consents from End Users before uploading their contact information or personal data to our Platform
• Ensuring your use of the Services complies with the DPDP Act, 2023, and any other applicable data protection laws
• Maintaining your own backups of Customer Data

10.4 Data Deletion

Upon termination or expiration of your subscription, your Customer Data will be retained for 30 days to allow you to export your data. After this period, Customer Data will be permanently deleted from our active systems. Certain data may be retained in encrypted backups for up to 90 days, after which it will be purged. Data required for legal compliance (e.g., transaction records) will be retained as specified in our Privacy Policy.

11. Intellectual Property

11.1 Beth Technologies' IP

All intellectual property rights in and to the Services, including the Platform, software, source code, algorithms, AI models, designs, documentation, trademarks (including "Beth Technologies," "WizMessage," "BethTech," and associated logos), trade secrets, and all modifications and improvements thereto, are and shall remain the exclusive property of Beth Technologies or its licensors.

These Terms do not grant you any right, title, or interest in our intellectual property except for the limited right to use the Services during your active subscription.

11.2 Feedback

If you provide suggestions, feature requests, bug reports, or other feedback regarding the Services ("Feedback"), you grant Beth Technologies an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into the Services without obligation to you.

12. API Usage & Rate Limits

Access to our APIs is subject to the following:

• Rate Limits: API calls are subject to rate limits as specified in your Subscription Plan and our API documentation. Exceeding rate limits may result in temporary throttling or blocking of requests.
• API Keys: You must keep your API keys confidential and must not embed them in client-side code or publicly accessible repositories. Compromised API keys must be regenerated immediately.
• Fair Use: Excessive API usage that degrades service quality for other customers may result in temporary restrictions pending resolution.
• API Changes: We may modify, deprecate, or discontinue API endpoints with 30 days' notice where possible. Breaking changes will be communicated via email and documentation.

13. Service Level Agreement (SLA)

13.1 Uptime Commitment

We commit to a Platform uptime of 99.9% measured on a monthly basis, excluding scheduled maintenance windows. Uptime is calculated as: (Total minutes in month - Downtime minutes) / Total minutes in month × 100.

13.2 Scheduled Maintenance

Scheduled maintenance will be performed during off-peak hours (typically 00:00–06:00 IST) with a minimum of 48 hours' advance notice via email and dashboard notification. Scheduled maintenance downtime is excluded from SLA calculations.

13.3 SLA Credits (Enterprise Plans)

For Enterprise plan customers, if monthly uptime falls below 99.9%, service credits may be issued as follows:

SLA credits must be requested within 30 days of the downtime event and are issued as account credit, not cash refunds. SLA credits are the sole and exclusive remedy for downtime.

13.4 Exclusions

The SLA does not apply to downtime caused by: (a) factors beyond our reasonable control (force majeure); (b) your equipment, software, or network; (c) Meta/WhatsApp platform outages; (d) your violation of these Terms; (e) scheduled maintenance.

14. Third-Party Services & Integrations

The Services may integrate with or rely upon third-party services including Meta Platforms (WhatsApp), Tally Solutions, cloud providers, payment gateways, CRM platforms, and others. You acknowledge that:

• Third-party services are governed by their own terms and conditions, and Beth Technologies is not a party to those agreements
• We do not guarantee the availability, performance, or accuracy of third-party services
• We are not responsible for any loss, damage, or liability arising from your use of third-party services
• Disruptions in third-party services (e.g., Meta API outages) may affect the functionality of our Services, and such disruptions are not considered a breach of these Terms

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied
• We disclaim all warranties including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade
• We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or harmful components
• We do not warrant that WhatsApp message delivery rates will meet any specific threshold, as delivery depends on Meta's systems, network conditions, and recipient device status
• AI chatbot responses are generated algorithmically and may contain errors or inaccuracies. You are responsible for reviewing and validating AI-generated content before relying on it for business decisions

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Beth Technologies' total aggregate liability arising out of or in connection with these Terms or the Services shall not exceed the total fees paid by you to Beth Technologies in the 12 months preceding the event giving rise to the claim
• In no event shall Beth Technologies be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill, or business interruption, regardless of the cause of action or theory of liability
• We shall not be liable for any losses arising from: (a) your failure to comply with these Terms; (b) unauthorized access to your account due to your failure to maintain credential security; (c) actions taken by Meta or any third-party platform; (d) inaccuracies in AI-generated responses; (e) your failure to maintain adequate data backups

17. Indemnification

You agree to indemnify, defend, and hold harmless Beth Technologies, its directors, officers, employees, agents, and affiliates from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services in violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Your Customer Data or messages sent through the Services
• Any claim by an End User arising from messages you sent through the Services
• Your failure to obtain proper consent from End Users
• Any action taken by Meta against our Platform as a result of your non-compliance with WhatsApp policies

18. Termination

18.1 Termination by You

You may terminate your subscription at any time by:

• Navigating to your account dashboard → Settings → Subscription → Cancel
• Emailing support@bethtechnologies.com with the subject "Account Cancellation"

Termination will be effective at the end of your current Billing Cycle. You will retain access to the Services until the end of the paid period. Refunds for unused portions are governed by our Refund & Cancellation Policy.

18.2 Termination by Beth Technologies

We may suspend or terminate your access to the Services, in whole or in part, with or without notice:

• With notice: If you breach these Terms and fail to cure the breach within 15 days of written notice
• Without notice: If you engage in activities that pose a security risk, violate applicable law, or violate Meta's WhatsApp policies in a manner that threatens our platform's standing
• For convenience: With 90 days' prior written notice, in the event we decide to discontinue a Service entirely (in which case, a pro-rata refund will be issued)

18.3 Effect of Termination

Upon termination:

• All rights and licenses granted to you under these Terms immediately cease
• You must cease all use of the Services and our intellectual property
• You have 30 days to export your Customer Data before it is permanently deleted
• Any outstanding fees become immediately due and payable
• Sections that by their nature should survive termination (including IP, Limitation of Liability, Indemnification, Dispute Resolution, and Confidentiality) shall survive

19. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the business relationship, including but not limited to pricing terms, technical specifications, business strategies, customer lists, and API credentials. This obligation of confidentiality shall survive termination of these Terms for a period of 3 years.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed without reference to confidential information; or (d) is required to be disclosed by law.

20. Dispute Resolution

20.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

20.2 Informal Resolution

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for a period of at least 30 days.

20.3 Arbitration

If a dispute cannot be resolved informally, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Kochi, Kerala, India. The language of arbitration shall be English. The arbitrator's award shall be final and binding.

20.4 Jurisdiction

Subject to the arbitration clause above, the courts of Ernakulam, Kerala, India shall have exclusive jurisdiction over any matters not subject to arbitration.

21. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Beth Technologies regarding the Services and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
• Waiver: Failure by Beth Technologies to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your account without our prior written consent. Beth Technologies may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, pandemics, government actions, war, terrorism, internet failures, power outages, or third-party platform outages (including Meta/WhatsApp outages).
• Notices: All legal notices shall be sent to the contact details provided in Section 22. Notices to you will be sent to your registered email address. Notices are deemed received when sent via email.
• Amendments: We may amend these Terms at any time by posting the revised version on our website. Material changes will be notified via email at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.
• Language: These Terms are drafted in English. In the event of any translation, the English version shall prevail.

22. Contact Information