← Back to home
These Terms of Service ("Terms") form a binding agreement between FutureFist Tech Solutions LLP, a limited liability partnership registered in India ("FutureFist", "we", "us"), and you, the entity or individual accessing or using WACRM (the "Service"). By signing up for or using the Service, you agree to these Terms.
If you don't agree, please don't use the Service. If you are using the Service on behalf of a business, you confirm you have authority to bind that business to these Terms.
1. Definitions
- Service: the WACRM platform, including its web application, APIs, integrations, and documentation.
- You / Customer: the person or entity that signs up for an account.
- End Contact: an individual whose data you process through the Service (typically your own customer).
- Meta: Meta Platforms, Inc. and its subsidiaries, including WhatsApp LLC.
- WABA: WhatsApp Business Account, governed by Meta.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract. The Service is intended for use by businesses, not consumers. You confirm that:
- The information you provide is accurate and complete.
- You comply with Indian law and the laws of any jurisdiction in which you operate.
- You will obtain valid consent from End Contacts before sending them messages, in compliance with Meta's policies and applicable law.
3. Accounts
- You are responsible for keeping your credentials confidential and for all activity under your account.
- Notify us at security@futurefist.com if you suspect unauthorised access.
- We may suspend accounts for non-payment, breach of these Terms, breach of Meta's policies, or suspected fraud or abuse.
4. Your responsibilities when using WhatsApp
Because the Service operates on top of Meta's WhatsApp Business Platform, you also agree to be bound by Meta's terms, including:
You must not use the Service to:
- Send unsolicited marketing messages, spam, or content to recipients who have not opted in.
- Send messages containing illegal content, hate speech, harassment, sexually explicit material, or content prohibited by Meta.
- Impersonate any person or entity, or misrepresent your affiliation.
- Engage in any activity that could damage, disable, or impair the Service or interfere with other users.
- Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure.
- Use the Service to facilitate or promote any business that violates Meta's Commerce Policy (e.g., illegal drugs, weapons, regulated goods without licence).
- Reverse engineer, decompile, or extract the source code of the Service.
- Resell, sublicense, or white-label the Service without our prior written permission.
5. Subscriptions, billing, and refunds
5.1 Plans and fees
Subscription fees, message fees, and add-on fees are as set out on the pricing page or in your written order. We reserve the right to change pricing for new billing cycles with at least 30 days' notice.
5.2 Wallet model and message fees
The Service operates a prepaid wallet model. You top up your wallet, and per-message fees (as published) are deducted as messages are sent and Meta reconciles charges. Meta charges accrue per Meta's published rate card and are passed through with our applicable markup. You acknowledge that Meta may change its rates at any time, and our published rates may change correspondingly.
5.3 Taxes
All fees are exclusive of GST and other applicable taxes, which are charged in addition at prevailing rates. GST-compliant invoices will be issued under our GSTIN.
5.4 Refunds
- Subscription fees are non-refundable except where required by law.
- Unused wallet balance is refundable on account closure, less any reconciled Meta charges and a 10% processing fee, up to 12 months from last top-up.
- Promotional credits and bonus credits are non-refundable.
5.5 Non-payment
If a payment fails or your wallet is depleted, the Service may suspend outbound messaging until the balance is restored. Repeated non-payment may result in account termination.
6. Data and privacy
Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms. In respect of End Contact data:
- You are the Data Fiduciary; we are the Data Processor.
- You instruct us to process End Contact data solely to provide the Service.
- You represent that you have obtained all necessary consents from End Contacts.
- You will respond to data principal requests directed to End Contacts.
7. Intellectual property
FutureFist retains all rights, title, and interest in the Service, including its software, design, brand, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your subscription, solely for your internal business purposes.
You retain ownership of the content you upload to the Service ("Customer Content"). You grant us a limited licence to host, process, and transmit Customer Content as necessary to deliver the Service.
8. Service availability
We aim for 99.5% monthly uptime on the Pro and Enterprise plans. Scheduled maintenance windows will be announced in advance. We do not warrant that the Service will be uninterrupted, error-free, or that all data will be preserved without loss. You are responsible for maintaining your own backups of critical data.
9. Third-party services
The Service integrates with third-party services, including Meta, payment processors, and other integrations you choose to enable. We are not responsible for the availability, accuracy, or content of such third-party services, and your use of them is governed by their own terms.
10. Suspension and termination
- You may cancel your subscription at any time from your account settings.
- We may suspend or terminate your account for material breach of these Terms, breach of Meta's policies, non-payment, or fraudulent or abusive activity.
- Upon termination, your access ends and your data is retained for 30 days for recovery, after which it is permanently deleted (except for billing and legal records).
11. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
12. Limitation of liability
To the maximum extent permitted by law:
- Neither party is liable for indirect, incidental, special, consequential, or punitive damages.
- Our total cumulative liability under these Terms shall not exceed the fees you paid us in the 12 months preceding the event giving rise to the liability.
- Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be limited under applicable law.
13. Indemnification
You agree to defend, indemnify, and hold harmless FutureFist, its partners, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of Meta's policies, your violation of applicable law, or your handling of End Contact data.
14. Governing law and disputes
These Terms are governed by the laws of India. Any dispute shall be resolved exclusively by the courts of Thane, Maharashtra, without prejudice to the parties' right to seek interim relief in any other competent jurisdiction.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified at least 30 days in advance by email and through the Service. Continued use after the effective date constitutes acceptance.
16. Miscellaneous
- Entire agreement: these Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between the parties.
- No waiver: failure to enforce any provision does not waive our right to enforce it later.
- Severability: if any provision is found invalid, the remaining provisions remain in force.
- Assignment: you may not assign these Terms without our written consent. We may assign these Terms in connection with a business transfer.
- Force majeure: neither party is liable for failure to perform due to events beyond reasonable control.
17. Contact
Legal: legal@futurefist.com
Support: support@futurefist.com
FutureFist Tech Solutions LLP, Thane, Maharashtra, India.