Terms of Service

1 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "Subscriber") and Zivaan Solutions (operating as SocialAPI), a company registered in India ("Company," "we," "us," or "our").

By creating an account, accessing, or using the SocialAPI platform — including our website, dashboard, REST APIs, webhooks, and any related services (collectively, the "Service") — you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

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

2 Description of Service

SocialAPI is a Software-as-a-Service (SaaS) platform that provides businesses with programmatic access to the WhatsApp Business Cloud API (provided by Meta Platforms, Inc.), enabling:

• Sending and receiving WhatsApp messages at scale
• Managing multiple WhatsApp Business Account (WABA) phone numbers from a single dashboard
• Broadcasting bulk messages to opted-in contact lists
• Managing official WhatsApp Message Templates
• A shared team inbox for collaborative customer communication
• Contact CRM with segmentation, tagging, and import/export
• Real-time webhooks and a RESTful API for third-party integrations
• Analytics, reporting, and agent performance metrics

The Service acts as an intermediary layer between your business and Meta's WhatsApp Cloud API infrastructure. You acknowledge that the delivery of messages is dependent on Meta's systems, and SocialAPI does not guarantee delivery outcomes outside of our platform's control.

SocialAPI reserves the right to modify, suspend, or discontinue any feature of the Service at any time, with reasonable notice provided where commercially practicable.

3 Eligibility & Account Registration

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Be a duly registered business entity or acting on behalf of one (for commercial use plans)
• Maintain a valid WhatsApp Business Account approved by Meta
• Not be located in a country subject to applicable sanctions or trade restrictions

When registering, you agree to provide accurate, current, and complete information. You must promptly update your account information if it changes. You are responsible for all activities that occur under your account, including those of your team members, agents, or sub-users.

You must not share your account credentials or API keys. If you suspect unauthorized access, you must notify us immediately at security@socialapi.com.

4 Subscription, Billing & Payments

SocialAPI offers subscription-based pricing plans ("Plans"). By selecting a Plan, you agree to pay the applicable fees as displayed on our pricing page at the time of subscription.

Billing Terms:

• Fees are billed in advance on a monthly or annual basis, depending on your selected plan
• All fees are exclusive of applicable taxes (GST, VAT, etc.), which will be added where required by law
• Payments are processed via our designated payment gateway providers
• Subscriptions automatically renew unless cancelled at least 48 hours before the renewal date
• Usage-based charges (e.g., message credits beyond plan limits) will be billed at the end of the billing cycle

Refunds:

• Annual plan fees are non-refundable, except where required by applicable law
• Monthly plan cancellations take effect at the end of the current billing period
• Prepaid message credits are non-refundable but may be transferred to a new billing cycle at our discretion

5 Acceptable Use Policy

You agree to use the Service only in a lawful manner and strictly in accordance with these Terms and all applicable laws and regulations. The following activities are expressly prohibited:

• Sending unsolicited, spam, or bulk messages to contacts who have not opted in to receive communications
• Distributing malware, viruses, phishing content, scams, or fraudulent messages
• Sending messages involving prohibited content categories as defined by Meta's WhatsApp Business Messaging Policy (including but not limited to: illegal substances, firearms, adult content, gambling, and cryptocurrency scams)
• Impersonating any entity or misrepresenting your affiliation with a person or organization
• Attempting to reverse-engineer, decompile, or otherwise extract the source code of the Service
• Using the Service for any form of harassment, stalking, or abuse
• Reselling or sub-licensing access to the Service without prior written consent
• Using the Service to circumvent regional bans, sanctions, or Meta's platform policies
• Overloading or attempting to overload our API infrastructure with excessive requests beyond plan limits

SocialAPI reserves the right to immediately suspend or terminate any account found to be in violation of this Acceptable Use Policy, without prior notice, and to report such violations to the appropriate authorities, including Meta.

6 API Usage & Rate Limits

Access to the SocialAPI REST API is granted exclusively to registered subscribers. API keys are non-transferable and must be kept confidential. You are responsible for all API calls made using your credentials.

• Each subscription Plan includes defined API rate limits (requests per minute/day). Exceeding these limits may result in temporary throttling or additional charges
• We monitor API usage patterns. Automated abuse detection systems may trigger account suspension if anomalous activity is detected
• You must not use the API in a way that causes disproportionate load on our infrastructure relative to the value provided to other users
• Breaking API changes will be communicated with at least 30 days notice via email and our changelog

We reserve the right to revoke API access for any account found to be in violation of this section or for non-payment of applicable overuse charges.

7 Intellectual Property

SocialAPI Intellectual Property: The Service, including all software, algorithms, user interfaces, documentation, trademarks, logos, and content ("SocialAPI IP"), is and remains the exclusive property of Zivaan Solutions. Nothing in these Terms grants you any right, title, or interest in the SocialAPI IP, other than a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Your Content: You retain full ownership over all data, messages, contact records, and other content ("Customer Content") that you upload, store, or transmit through the Service. By using the Service, you grant SocialAPI a limited, worldwide, royalty-free license to host, copy, transmit, and process Customer Content solely to provide and improve the Service.

Feedback: If you provide suggestions, ideas, or feedback about the Service, you grant SocialAPI an irrevocable, perpetual, royalty-free license to use and incorporate such feedback into the Service without any obligation of compensation.

8 Data Processing (GDPR Compliance)

SocialAPI operates as a Data Processor on your behalf when processing the personal data of your contacts and end-users through the Service. You, as the Customer, are the Data Controller responsible for ensuring a lawful basis exists for the collection and processing of such data.

Our GDPR commitments as your Data Processor:

• We will process personal data only on your documented instructions and not for any other purpose
• We implement appropriate technical and organizational security measures (encryption at rest & in transit, access controls, audit logs)
• We will notify you of any personal data breach affecting your data within 72 hours of becoming aware of it
• We will assist you in fulfilling Data Subject Rights requests (access, erasure, portability) within the timeframes required by GDPR
• We maintain a record of all processing activities carried out on your behalf
• We will delete or return all personal data upon termination of the Service agreement
• We engage only with vetted Sub-processors (e.g., Meta/WhatsApp, cloud infrastructure providers) and maintain an updated Sub-processor list available on request

Your obligations as Data Controller include: ensuring you have lawful consent or another valid legal basis for messaging your contacts; honouring opt-out requests promptly; and maintaining transparency with your end-users regarding data use.

9 Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Service ("Confidential Information"), including business strategies, technical architecture, pricing, and customer data.

Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was known prior to disclosure; (c) is received from a third party without restriction; or (d) is independently developed without use of the Confidential Information.

Each party agrees to use Confidential Information only to perform obligations under these Terms and to disclose it only to employees, contractors, or advisors who need to know it and are bound by appropriate confidentiality obligations.

10 Disclaimers & Limitation of Liability

Disclaimer of Warranties: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOCIALAPI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FULLY SECURE.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOCIALAPI (INCLUDING ITS DIRECTORS, EMPLOYEES, AND AFFILIATES) SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenues, data, goodwill, or business opportunities
• Damages arising from your reliance on WhatsApp message delivery outcomes
• Any actions, restrictions, or policy violations imposed directly by Meta on your WhatsApp Business Account

IN NO EVENT SHALL SOCIALAPI'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SOCIALAPI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) INR 5,000.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

11 Indemnification

You agree to defend, indemnify, and hold harmless SocialAPI, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms
• Your Customer Content or the messages you send through the Service
• Your violation of any applicable law, regulation, or third-party right (including Meta's WhatsApp Business Policies)
• Any dispute between you and your end-users or contacts

SocialAPI reserves the right, at our expense, to assume exclusive defense and control over any matter subject to indemnification by you, in which event you will cooperate with SocialAPI's defense of such claim.

12 Termination

By You: You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellation takes effect at the end of the current billing period, after which you will lose access to the Service.

By SocialAPI: We may suspend or terminate your account with immediate effect and without prior notice if:

• You breach any provision of these Terms or the Acceptable Use Policy
• Your account is involved in fraudulent, abusive, or illegal activity
• We are required to do so by law or by a lawful order from a competent authority
• Your WhatsApp Business Account is suspended or banned by Meta
• Non-payment of fees exceeding 30 days

Effect of Termination: Upon termination, your right to access the Service ceases immediately. We will retain your data for a period of 30 days post-termination to allow export, after which it will be permanently deleted. Clauses relating to IP, indemnification, confidentiality, disclaimers, and governing law survive termination.

13 Governing Law & Dispute Resolution

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

Disputes: The parties agree to first attempt to resolve any dispute informally by contacting legal@socialapi.com. If the dispute is not resolved within 30 days, either party may initiate binding arbitration under the Indian Arbitration and Conciliation Act, 1996.

The seat of arbitration shall be Mumbai, Maharashtra, India. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

14 Changes to Terms

SocialAPI reserves the right to modify these Terms at any time at our sole discretion. We will notify you of material changes by:

• Sending an email to the address registered with your account at least 14 days before the changes take effect
• Displaying a prominent notice on the Service dashboard
• Updating the "Last updated" date at the top of this page

Your continued use of the Service after the effective date of any revision constitutes your binding acceptance of the updated Terms. If you do not agree to the revised Terms, your sole remedy is to stop using the Service and cancel your subscription before the effective date.

15 Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: