Terms and Conditions

1. Agreement to Terms

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity ('Organization'), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. If you do not agree to these Terms, you may not use the Services.

2. Description of Services

SendZen provides a software platform that enables developers and businesses to integrate WhatsApp messaging capabilities into their own applications and services. This includes access to our API, a white-label partner portal, and other related tools.

3. Shipping Policy (Not Applicable)

Our Services are delivered exclusively through digital means. No physical products are shipped, and therefore, no shipping policy is applicable to our Services.

4. User Accounts and Responsibilities

To use our Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date. You are responsible for safeguarding your account password and for all activities that occur under your account. You must also ensure that your use of the Services, and your customers' use, complies with all applicable laws and the official policies of WhatsApp and Meta.

5. Fees, Payment, and Subscriptions

Our Services are billed on a subscription basis ('Subscription'). You will be billed in advance on a recurring, periodic basis (either monthly or annually). Subscriptions will automatically renew under the same conditions unless you cancel it or we cancel it.

You acknowledge that our fees are solely for the license to use the SendZen platform. All conversation and messaging fees charged by Meta (WhatsApp) are separate and must be paid by you or your end-customers directly to Meta. We are not responsible for these fees.

6. Cancellation and Termination

Cancellation by You: You may cancel your Subscription at any time through your account dashboard. The cancellation will take effect at the end of your current billing cycle. You will not be charged for the next cycle, and you will retain access to the Services until the end of your current paid period.

Termination by Us: We reserve the right to suspend or terminate your account and access to the Services, with or without notice, if you are in breach of these Terms, including for non-payment of fees or violation of the Fair Use Policy.

7. Refund Policy

All payments are final and non-refundable. We do not provide refunds or credits for any partial subscription periods, unused services, or subscription downgrades. When you purchase a Subscription, you are paying for access to our platform for the duration of the billing term, regardless of your level of usage.

8. Fair Use Policy (FUP)

Our flat-rate partner plans are designed to provide predictable costs and are subject to a Fair Use Policy to prevent abuse and ensure service stability for all users. Each plan is associated with a recommended aggregate credit volume per month across all your clients:

• Accelerator Plan: Up to 200,000 credits per month.
• Growth Plan: Up to 800,000 credits per month.

If your usage consistently exceeds the guidelines for your subscribed plan, we reserve the right to contact you to discuss a mandatory upgrade to a more suitable plan. Furthermore, the Services may not be used for illegal activities, spamming, or any activities that violate WhatsApp's Commerce and Business Policies.

9. Intellectual Property

We and our licensors retain all right, title, and interest in and to the Services, including all related intellectual property rights. You retain all right, title, and interest in and to the data and content you or your customers transmit through the Services.

10. Disclaimer of Warranties and Limitation of Liability

The Services are provided on an 'AS IS' and 'AS AVAILABLE' basis. We make no warranties, express or implied, regarding the Services. To the fullest extent permitted by law, in no event shall Sprouto InfoSolutions Pvt. Ltd., nor its directors or employees, be liable for any indirect, incidental, special, or consequential damages arising out of your use of the Services. Our total liability to you for any and all claims shall not exceed the amount of fees paid by you to us in the twelve (12) months preceding the claim.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Gujarat, India, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Vadodara, Gujarat, India.

12. Location & Currency Handling

To provide you with the correct currency on our pricing page, we use a lightweight location lookup service:

• What data is used: When you visit our site, your browser sends your IP address directly to ipinfo.io.
• How it is processed: ipinfo.io returns only your country information. We do not receive or store your full IP address from this request.
• Purpose: We use the returned country information solely to determine the most relevant currency for displaying our pricing.
• Cookie storage: Once the correct currency is determined, we store that preference in a small cookie on your device so that the pricing remains consistent as you browse our site. This cookie is considered strictly necessary for providing you with the service and therefore does not require consent under GDPR/ePrivacy rules.
• No tracking: This process is not used for analytics, profiling, or marketing. It is limited to improving your browsing experience.
• Further details: For further details on how ipinfo.io processes IP addresses, please refer to their Privacy Policy.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Information

If you have any questions about these Terms, please contact us at milan@sendzen.io.