Legal
Terms of Service
These terms govern the use of the Prachi Softwares WhatsApp ordering platform by businesses. Please read them before registering an account.
1. Agreement
By registering for or using our platform, the business registering the account ("you", "the client") agrees to these terms. If you are accepting on behalf of a business, you confirm that you are authorised to do so. If you do not agree, please do not use the platform.
2. What the platform does
Our platform lets your business receive and respond to customer orders over WhatsApp. It connects to your own WhatsApp Business Account and passes messages between your customers and your account. We provide the software and the connection; the conversations, the orders and the customer relationships are yours.
3. Your account
You must provide accurate registration details and keep them up to date. You are responsible for your login credentials and for everything done through your account. Tell us promptly if you believe your account has been accessed without permission.
You must connect a WhatsApp Business Account and phone number that your business is entitled to use.
4. Your responsibilities to your customers
Your customers' information is yours, and you remain responsible for it. In particular you agree that you will:
- obtain your customers' consent before contacting them on WhatsApp, as WhatsApp's policies require;
- use the platform only for lawful business communication, and not for spam, bulk unsolicited messaging, or any unlawful, misleading or offensive content;
- comply with WhatsApp's and Meta's policies, including the WhatsApp Business Messaging Policy and Commerce Policy, which apply to your account directly;
- comply with applicable Indian law, including the Digital Personal Data Protection Act, 2023; and
- handle your own customers' requests about their information, such as requests to be removed from your messaging.
5. Acceptable use
You agree not to use the platform to:
- send unsolicited bulk messages, spam, or messages to people who have not consented to hear from you;
- send unlawful, fraudulent, misleading, obscene, defamatory, hateful or threatening content;
- sell or promote goods or services prohibited by WhatsApp's Commerce Policy, including alcohol, tobacco, weapons, drugs, or prescription medicines where not permitted;
- impersonate another business or person, or misrepresent who you are;
- infringe anyone's intellectual property or privacy rights;
- attempt to gain unauthorised access to the platform, other accounts, or our systems;
- introduce viruses or malicious code, or attempt to disrupt, overload or reverse-engineer the platform;
- scrape, resell or redistribute the platform or its data without our written permission; or
- use the platform in a way that breaches any applicable law or any Meta or WhatsApp policy.
Because your account connects to your own WhatsApp Business Account, breaches of WhatsApp's policies may result in Meta restricting or banning that account, which is outside our control.
6. How we handle data on your behalf
You remain responsible for your customers' information; we act only on your instructions in relation to it. We pass messages between your customers and your WhatsApp Business Account, and we do not retain your customers' order history or chat conversations, nor use their information for our own purposes or share it with anyone except as described in our Privacy Policy. If you close your account, we delete or anonymise your account data as set out in that policy.
You must ensure you have a lawful basis and any necessary consent for the information you send through the platform, and you must tell your own customers how their information is used.
7. Fees and payment
Any subscription or service fees for the platform will be agreed with you in writing before your account is activated, and are payable as invoiced. Fees exclude applicable taxes unless stated otherwise. We may revise our fees on 30 days' written notice, which will take effect from your next billing period.
Charges that Meta levies for WhatsApp conversations are separate from our fees and are governed by Meta's own pricing, which may change from time to time.
Payments from your own customers are collected by you directly. We do not process, hold or handle money on your behalf, and we are not a party to any transaction between you and your customers.
8. Cancellation and refunds
You may cancel your subscription at any time by writing to us. Cancellation takes effect at the end of your current billing period, and you will continue to have access until then.
Fees already paid for a billing period are not refundable, and we do not provide part-period refunds for unused time. Where we have charged you in error, or where we withdraw the service, we will refund the affected amount. Any refund due will be paid to the original payment method within 14 working days.
9. WhatsApp and Meta
The platform depends on the WhatsApp Business Platform operated by Meta. Your use of WhatsApp is governed by Meta's own terms, and Meta may change, restrict or suspend its service or your account under those terms. We are not responsible for Meta's decisions, outages or policy changes, though we will support you in resolving issues where we can.
10. Availability and support
We aim to keep the platform available and reliable, and we provide setup, training and support as agreed with you. We may need to interrupt the service for maintenance, upgrades or emergency fixes, and we will give notice where reasonably possible. We do not guarantee uninterrupted or error-free operation.
11. Suspension and termination
You may stop using the platform and close your account at any time. We may suspend or terminate an account that breaches these terms, that is used unlawfully, that puts our platform or other clients at risk, or where fees remain unpaid after notice. Where practical, we will warn you first and give you a chance to put things right.
On termination, your right to use the platform ends, and we handle your data as described in our Privacy Policy. You may request an export of your account data before closing your account.
12. Intellectual property
The platform, its software and its content remain our property. You may use it for your business for as long as your account is active. You may not copy, resell, reverse-engineer or attempt to extract the source code of the platform.
Swil product names are trademarks of Softworld (India) Pvt. Ltd. WhatsApp and Meta are trademarks of their respective owners.
13. Your indemnity to us
You agree to indemnify us against any claim, loss, penalty or reasonable cost we incur arising from your use of the platform in breach of these terms, your breach of any law or of Meta's or WhatsApp's policies, the content of the messages you send, or a complaint brought by one of your own customers about how you handled their information.
14. Liability
We provide the platform with reasonable skill and care, but to the extent permitted by law we are not liable for indirect or consequential losses, lost profits, lost business, lost goodwill or lost data arising from your use of the platform, or for interruptions caused by Meta, WhatsApp, your internet connection or other matters outside our control.
Our total liability to you for all claims arising in any 12-month period is limited to the total fees you paid us for the platform in the 12 months before the claim arose. Nothing in these terms limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.
15. Events outside our control
We are not liable for any failure or delay in providing the platform caused by events beyond our reasonable control, including internet or telecommunications failures, power outages, actions of Meta or other suppliers, cyber-attacks, strikes, fire, flood, epidemic, government action or acts of God. If such an event continues for more than 30 days, either of us may terminate the agreement without penalty.
16. Changes to these terms
We may update these terms as the platform develops or as the law changes. The effective date above shows when they were last revised, and we will notify clients of significant changes. Continuing to use the platform after a change means you accept the updated terms.
17. Governing law and disputes
These terms are governed by the laws of India. If a dispute arises, we both agree to try to resolve it informally first by writing to the other with details of the problem. If it cannot be resolved within 30 days, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at Kolkata and conducted in English. Subject to that, the courts at Kolkata, West Bengal have exclusive jurisdiction.
18. General
- Entire agreement. These terms, together with our Privacy Policy and any written order or quotation, form the whole agreement between us.
- Severability. If any part of these terms is found to be invalid, the rest continues to apply.
- No waiver. If we do not enforce a right immediately, we do not lose it.
- Assignment. You may not transfer your account to another business without our written consent. We may transfer our rights and obligations if our business is sold or reorganised, provided your rights are not reduced.
- Notices. Notices to you will be sent to the email address on your account; notices to us should go to the address below.
19. Contact us
Questions about these terms can be sent to:
Prachi Softwares
B2 Gitanjali Twins, 2nd Floor,
Premises No 33, 39 Roy Bahadur Road,
Kolkata – 700034, West Bengal, India
vijaytoshniwal@prachisoftwares.in
+91 96747 43738