These Terms of Service ("Terms") form a legally binding agreement between you ("Customer", "you") and Serves ("Weflux", "we", "us") for use of the Weflux platform, including the marketing website wachat.serves.in and the application wachats.serves.in (collectively, the "Service"). By creating an account, you accept these Terms.
1. The Service
Weflux is a customer engagement platform built on top of the WhatsApp Business Platform operated by Meta Platforms, Inc. It allows your business to send and receive WhatsApp messages, run campaigns, manage templates, organize conversations, and collaborate with team members.
2. Eligibility & Account Registration
- You must be at least 18 years old and authorised to act on behalf of your organisation.
- You agree to provide accurate, current, and complete information during registration and to keep it up to date.
- You are responsible for keeping your credentials confidential and for all activity that occurs under your account.
- Notify us immediately at security@serves.in of any unauthorized access.
3. WhatsApp Business Platform Obligations
By using Weflux to message customers via WhatsApp, you agree to comply with:
In particular, you represent and warrant that you will:
- Obtain valid opt‑in consent from every contact you message via Weflux, and document that consent.
- Honour opt‑out (STOP) requests within 24 hours.
- Not send spam, unsolicited bulk messages, or content prohibited by WhatsApp.
- Only message users who have actively requested communication from your business.
- Use approved message templates for any business‑initiated messages outside the 24‑hour customer service window.
4. Acceptable Use
You agree not to use the Service to:
- Send messages that are illegal, fraudulent, deceptive, defamatory, obscene, or that infringe intellectual property rights.
- Distribute malware, phishing links, or content that exploits or harms minors.
- Target users on the basis of sensitive personal attributes (race, religion, health, sexual orientation, etc.) without explicit consent.
- Attempt to gain unauthorised access to the Service, its infrastructure, or other users' accounts.
- Resell, sublicense, or white‑label the Service without a separate written agreement.
- Reverse engineer, decompile, or copy any part of the Service except as allowed by law.
We may suspend or terminate accounts that violate this section.
5. Customer Data & End Users
- You retain all rights to the customer data you upload to or generate through Weflux ("Customer Data").
- You grant Weflux a worldwide, non‑exclusive licence to host, process, and transmit Customer Data solely to provide the Service.
- You are the data controller for Customer Data; Weflux acts as the data processor.
- You are responsible for ensuring you have all rights and consents necessary to share Customer Data with Weflux and Meta.
6. Fees & Billing
- Paid plans are billed in advance on a monthly or annual basis. Fees are non‑refundable except where required by law.
- You are responsible for all taxes, except those based on our net income.
- WhatsApp conversation charges levied by Meta are passed through to you and billed separately.
- We may change pricing with 30 days' notice; changes do not apply to the current billing cycle.
7. Intellectual Property
All rights, title, and interest in the Service, including software, designs, logos, and documentation, are owned by Serves or its licensors. Nothing in these Terms transfers ownership to you. You may not remove proprietary notices.
8. Confidentiality
Each party shall protect the other's confidential information using the same degree of care it uses to protect its own (and no less than a reasonable degree of care) and shall use it only to perform under these Terms.
9. Disclaimers
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non‑infringement. Weflux does not warrant that the Service will be uninterrupted, error‑free, or completely secure.
10. Limitation of Liability
To the maximum extent permitted by law, Weflux and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, data, or goodwill. Our aggregate liability arising out of or relating to these Terms will not exceed the amount you paid to Weflux in the twelve months preceding the event giving rise to the claim, or USD 100, whichever is greater.
11. Indemnification
You agree to defend, indemnify, and hold harmless Weflux, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third‑party rights, including the WhatsApp Business Messaging Policy.
12. Suspension & Termination
- You may cancel your account at any time from the in‑app settings or by emailing support@serves.in.
- We may suspend or terminate your account immediately for material breach of these Terms, fraudulent activity, or as required by law or Meta's policies.
- Upon termination, your Customer Data will be deleted within 30 days, except where retention is required by law.
13. Changes to the Service or Terms
We may modify the Service or these Terms from time to time. Material changes to these Terms will be communicated at least 30 days in advance via email or in‑app notice. Continued use of the Service after the effective date constitutes acceptance.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of India, without regard to its conflict of laws principles. The courts of Bengaluru, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
15. Contact
Serves
Email (legal): legal@serves.in
Email (support): support@serves.in