Terms of Service

These Terms of Service (“Terms”) are a contract between you and WAdesk (“we”, “us”, “our”), which operates WAdesk at w-adesk-three.vercel.app (the “Service”). By creating an account, accepting these Terms or using the Service, you agree to them.

If you use the Service for a business or other organisation, you confirm that you are authorised to accept these Terms on its behalf, and “you” means that organisation. The Service is meant for business use; you must be at least 18 years old and able to enter into a binding contract.

Our Privacy Policy explains how we handle personal data and forms part of these Terms. If you have signed an order form or other written agreement with us, it takes precedence over these Terms where they conflict.

WAdesk is software for sending and receiving WhatsApp messages through the WhatsApp Business Platform (Cloud API) operated by Meta Platforms, Inc. and WhatsApp LLC (“Meta”). It includes broadcast campaigns, message templates, a shared team inbox, contact management, a sales pipeline, automations and analytics.

We keep improving the Service and may add, change or remove features. If we remove a material feature of a plan you have paid for, we will tell you in advance where reasonably possible. Features labelled beta or preview are provided as they are and may change or end.

The Service depends on Meta's platform. Meta, not us, decides whether your business and phone number are approved, your display name, whether templates are approved, your messaging limits and quality rating, whether you receive a verified badge, and the price of WhatsApp messages. Meta can change or restrict its platform at any time, and that can affect what the Service can do.

• Give us accurate, complete information when you sign up and keep it up to date.
• Keep your password and devices secure. You are responsible for everything done through your account and by the team members you invite, and you must tell us promptly if you suspect unauthorised access.
• The owner of a workspace controls it — including who is invited, their roles (owner, admin or agent) and the subscription — and is responsible for team members following these Terms.
• Don't create accounts by automated means, share log-ins between people, or create multiple workspaces to get around plan limits or to take more than one free trial.

To send messages you must connect a WhatsApp Business Account and phone number that you own or are authorised to use. When you connect them — for example through Meta's sign-up window — you authorise us to access and act on that account through Meta's APIs to provide the Service: sending and receiving messages, managing templates and receiving status updates. You can disconnect at any time from your Meta business settings or by contacting us.

You must accept and comply with the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy and any other Meta terms that apply to you. Your relationship with Meta — including paying Meta's charges — is between you and Meta.

Opt-in comes first. Before you message anyone, you must have their permission to contact them on WhatsApp — an opt-in that makes clear they are agreeing to receive messages from your business on WhatsApp — and you must keep a record of it. You must honour opt-out requests promptly and stop messaging people who block or report you. The Service gives you tools for this (consent fields, opt-in sources, automatic STOP / START handling), but using those tools does not by itself make your messaging compliant.

You agree not to use the Service, or let anyone else use it, to:

• message people who have not opted in, who have opted out, or whose numbers were bought, rented, scraped or otherwise obtained without their consent;
• send spam, or bulk or automated messages that recipients would not reasonably expect;
• offer or promote anything prohibited by the WhatsApp Commerce Policy or unlawful where you or your recipients are;
• send content that is unlawful, misleading, fraudulent, defamatory, harassing, hateful, obscene or threatening, that infringes anyone's rights, or that impersonates another person or business;
• ask people to share sensitive information over WhatsApp — such as full payment-card numbers, bank or account passwords or government ID numbers — where Meta's policies or the law don't allow it;
• upload malware, probe, scan or overload the Service, or get around its security, rate limits or plan limits;
• copy, resell, sublicense or offer the Service to others as your own service, or reverse-engineer it, except where the law allows this despite this restriction, or as agreed with us in writing;
• break any law that applies to you or your messages — including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, consumer-protection and advertising rules, and electronic-marketing laws in your recipients' countries.

We may monitor use of the Service for compliance and to protect it, but we are not obliged to. If we reasonably believe there is a breach of these Terms or Meta's policies, or Meta asks us to, we may remove content, pause campaigns or limit your account (see section 12).

“Customer Data” means everything you or your team add to or receive through the Service — contacts, messages, media, templates, notes and similar content. You own your Customer Data.

You give us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process and display Customer Data only as needed to provide, secure and support the Service, and as required by law. This licence ends when the Customer Data is deleted from the Service.

You are responsible for your Customer Data: that it is accurate and lawful, that you have the rights and consents needed to collect it, store it and message people with it, and that you give the people you message any privacy notice the law requires.

Media you upload for use in messages is stored at a hard-to-guess public web address so WhatsApp can fetch it, as our Privacy Policy explains — so don't upload anything confidential. The Service is not a backup service; you can export your contacts at any time.

For personal data contained in Customer Data, you are the data fiduciary (or “controller”) and we process it on your behalf as your data processor. We will:

1. process it only to provide the Service, as described in these Terms and as you direct through your use of the Service and other written instructions — unless the law requires otherwise, in which case we'll tell you if we are allowed to;
2. make sure everyone we authorise to process it is bound by confidentiality;
3. maintain appropriate technical and organisational security measures, including encryption in transit, encryption of WhatsApp credentials at rest, isolation of each workspace's data and role-based access;
4. use only the sub-processors listed in our Privacy Policy, under data-protection terms at least as protective as these, and update that list before adding new ones — if you object on reasonable grounds, you may end your subscription;
5. taking into account the nature of the processing, help you respond to people exercising their rights and meet your obligations on security, breach notification and impact assessments;
6. notify you without undue delay after becoming aware of a personal-data breach affecting your Customer Data, with the information you reasonably need;
7. keep Customer Data available to you, read-only, after your plan ends, and delete it within a reasonable period once you delete your workspace or account, or once we delete an inactive workspace after notice (section 12) — unless the law requires us to keep it (backups are overwritten on their normal cycle);
8. make available the information reasonably needed to show that we meet these obligations.

Our providers may process data outside India; where the law requires it, we use appropriate safeguards for those transfers. If you need a separate data processing agreement (for example under the GDPR), contact us. You can also read how to request deletion of your data.

• Subscription fees are as shown on our pricing page or your order, in Indian rupees. Prices exclude GST; GST (currently 18%) is added at checkout, along with any other taxes the law requires.
• WhatsApp message charges are separate. Meta sets them and bills them to you directly through the payment method on your WhatsApp Business Account, at its published rates. They are not part of our fees, we don't control them and we are not responsible for them. Spend figures shown in the Service are estimates only.
• Payments are processed by our payment partner (Razorpay). By subscribing you authorise recurring charges to the payment method you choose. We don't receive or store your full card details.
• We will give you at least 30 days' notice of a price change. New prices apply from your next renewal, and you can cancel before then.
• If a payment fails we will retry and let you know. If it remains unpaid 7 days after we notify you, we may limit paid features until it is paid.

New workspaces can try the Service free for 14 days, with the Growth plan's features and trial limits (currently up to 1,000 contacts, 3 team members and 1,000 broadcast recipients). One free trial per business.

When the trial ends, sending pauses unless you choose a plan. Your workspace and its data stay available read-only — incoming messages keep arriving, but you can't send — until you subscribe, delete the workspace, or we delete it as an inactive workspace after giving you notice by email (section 12). We may change or end trial offers at any time, without affecting trials that have already started.

• Plans are billed in advance, monthly or yearly. A yearly plan costs 10 months of the monthly price for 12 months of service.
• Automatic renewal: your subscription renews automatically for the same period at the then-current price unless you cancel before the renewal date.
• Cancelling: you can cancel at any time from your billing settings or by writing to us. Your plan stays active until the end of the period you have paid for; after that, sending pauses and your workspace stays available read-only (see section 12).
• Changing plans: switching to a different plan or billing period — up or down — starts straight away as a new subscription, charged in full for the new plan. Your previous subscription is cancelled at that moment, with no pro-rating or credit for its unused part. If you move to a smaller plan, you need to bring your usage within its limits.
• If you reach a plan limit (contacts, broadcast recipients, team members or automations), the Service may stop you going further until you upgrade or the next billing period starts.

• Except where the law requires otherwise or these Terms say so, fees are non-refundable, and we don't give refunds or credits for partial periods, unused limits or plan changes (including the unused part of a subscription you switch away from).
• If we end the Service for convenience, or you end your subscription because of our material breach that we fail to fix within 30 days of your notice, we will refund the prepaid fees for the unused part of the period.
• If you were charged twice or in error, tell us within 30 days and we will refund the incorrect amount once verified.
• Meta's WhatsApp charges are between you and Meta; we cannot refund them.

We may suspend or limit your access to all or part of the Service immediately if:

• you breach these Terms or Meta's policies;
• your use creates a security, legal or reputational risk for us, Meta, other customers or the people you message;
• Meta, a court or a regulator requires it; or
• a payment is overdue as described in section 8.

Where practicable we will tell you why and restore access once the issue is resolved.

You can end these Terms at any time by cancelling your subscription and closing your workspace. We can end them if you materially breach them and don't fix the breach within 15 days of our notice, immediately for serious or repeated breaches such as spam, or for any reason with 30 days' notice (with a refund under section 11).

When a plan or trial ends without being renewed, sending pauses but your workspace and its data stay available read-only — incoming messages keep arriving — so you can subscribe again or export what you need. It stays that way until you delete it or we delete inactive workspaces, which we will only do after giving you notice by email. You can delete your workspace or account at any time in Settings; we then delete its data as described in section 7.

If we end these Terms because of your breach, your access stops; where the law and the circumstances allow, we will give you a reasonable opportunity to export your Customer Data first. Sections that by their nature should continue — such as fees owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity and governing law — survive.

We and our licensors own the Service, including its software, design, documentation and our trademarks. Apart from the right to use the Service under these Terms, we don't give you any rights in it. If you send us feedback or suggestions, we may use them freely without any obligation to you.

WhatsApp, Meta and their logos are trademarks of their respective owners. WAdesk is an independent product and is not affiliated with, sponsored by or endorsed by Meta or WhatsApp.

The Service works with third-party services, including Meta's WhatsApp Business Platform and our hosting, email and payment providers. Your use of them is governed by their own terms. We are not responsible for third-party services, including their availability, changes or decisions.

We work hard to keep the Service available, secure and fast, but we don't promise that it will be uninterrupted or error-free. We try to announce planned maintenance in advance. Service levels are only guaranteed where we have agreed them with you in writing (for example on an Enterprise plan).

Support is available by email at the contact details shown in your account. Some plans include priority support.

Each of us will keep the other's non-public information confidential and use it only for the purposes of these Terms. This doesn't apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law — in which case the receiving party will give notice where it is lawful to do so.

The Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee message delivery or read rates, template approvals, Meta's decisions, a verified badge, or any particular business result.

To the fullest extent the law allows:

• neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data, even if told such losses were possible;
• our total liability arising out of or relating to these Terms or the Service is limited to the fees you paid us for the Service in the 12 months before the event that gave rise to the claim.

These limits don't apply to your obligation to pay fees, to your indemnity under section 19, or to liability that cannot be limited by law, such as liability for fraud.

You will defend and indemnify WAdesk and its directors, employees and agents against third-party claims, penalties and losses (including reasonable legal fees) arising from your Customer Data or messages, your breach of these Terms, Meta's policies or the law — including messaging people without their consent — or your infringement of anyone else's rights.

We may update these Terms from time to time. For material changes we will notify you by email or in the Service at least 15 days before they take effect, unless a change is required sooner by law or by Meta. If you keep using the Service after the changes take effect, you accept them; if you don't agree, you can cancel before then.

These Terms are governed by the laws of India. If a dispute arises, please contact us first — most problems can be solved quickly — and we will both try in good faith to resolve it within 30 days. Failing that, the courts at the place of WAdesk's registered office in India have exclusive jurisdiction, without affecting any mandatory rights you have under consumer-protection law.

• These Terms, together with the Privacy Policy and any order form, are the entire agreement between us about the Service.
• You may not transfer these Terms without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition or sale of assets, and will tell you if we do.
• Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as outages of Meta's platform, internet or power failures, natural disasters or government action.
• If any part of these Terms is found unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.
• We send notices to the email address on your account; you can send notices to us at the contact details shown in your account.
• We are independent contractors; these Terms don't create a partnership, agency or employment relationship. If these Terms are translated, the English version prevails.

WAdesk is operated by WAdesk, India.

Questions about these Terms, complaints or grievances: the contact details shown in your account.