Terms of Service

1Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Kpyxal Solutions LLP, a Limited Liability Partnership registered under the LLP Act, 2008, with its principal place of business in Gandhinagar, Gujarat, India ("Company", "we", "us", or "our"), governing your access to and use of the PyxWA platform (accessible at wa.store.kpyxal.com) and all related APIs, dashboards, and services (collectively, the "Service").

By registering for an account, accessing the dashboard, or making an API call, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2Definitions

3Description of Services

PyxWA provides a B2B Software-as-a-Service (SaaS) platform that enables businesses to:

• Send and receive WhatsApp messages programmatically via the Meta WhatsApp Business Platform API
• Create, manage, and submit message templates for Meta approval
• Manage contacts and contact lists with opt-in tracking
• Run bulk messaging campaigns with scheduling and flow automation
• Receive inbound messages and webhook event notifications
• Monitor message delivery status, analytics, and billing
• Integrate with third-party systems via our REST API

We reserve the right to modify, add, or discontinue features of the Service at any time, with reasonable notice where possible.

4Eligibility & Registration

4.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts under applicable law. The Service is intended for businesses; use by individuals for personal (non-commercial) purposes is not the intended use case.

4.2 Account Registration

To use the Service you must provide accurate, complete, and current information during registration and keep it updated. You are responsible for:

• Maintaining the confidentiality of your API keys, passwords, and access credentials
• All activity that occurs under your account
• Immediately notifying us at hello@kpyxal.com of any unauthorized access or security breach

4.3 Account Approval

Account activation is subject to our approval. We may decline, suspend, or terminate any account at our discretion, particularly if we believe it may be used for prohibited purposes or poses a risk to our platform or Meta's policies.

4.4 One Account Per Entity

Each legal entity may maintain only one Client account unless expressly authorized otherwise. Sub-accounts may be created within a single Client account for internal organizational purposes.

5WhatsApp Business Policy Compliance

5.1 Your Obligations

• Obtain valid opt-in consent from End Users before sending them any marketing or promotional messages
• Honor opt-out requests promptly and maintain suppression lists
• Only send Template messages in categories permitted by Meta (MARKETING, UTILITY, AUTHENTICATION)
• Ensure all template content is accurate, non-deceptive, and compliant with Meta's guidelines
• Comply with all applicable local laws including India's Digital Personal Data Protection Act 2023 (DPDPA) and the Information Technology Act 2000
• Not use the Service to contact End Users in jurisdictions where WhatsApp messaging is restricted or prohibited

5.2 Template Responsibility

You are solely responsible for the content of all templates you create and submit through PyxWA. Meta's approval of a template does not constitute our endorsement of its content. We may remove or block templates that we reasonably believe violate policies or laws.

5.3 Meta Account Standing

We may terminate or suspend your access if Meta suspends, bans, or flags your WhatsApp Business Account. Our platform integrates directly with the Meta WhatsApp Business Cloud API and our operations are bound by Meta's platform policies.

6Acceptable Use Policy

6.1 Prohibited Uses

You must not use the Service to:

• Send spam, unsolicited bulk messages, or messages to contacts who have not opted in
• Transmit illegal, defamatory, obscene, hateful, or fraudulent content
• Impersonate any person, business, or organisation
• Conduct phishing, social engineering, or any other deceptive practices
• Distribute malware, viruses, or any harmful code
• Violate any intellectual property rights of third parties
• Engage in any activity that could damage, disable, or impair our infrastructure
• Attempt to gain unauthorized access to any account, system, or network
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or make the Service available to any third party without written authorization
• Scrape or harvest data from the platform by automated means
• Use the Service in connection with gambling, adult content, illegal drugs, weapons, or any other Meta-prohibited verticals

6.2 Rate Limits & Fair Use

Your account is subject to rate limits (messages per minute / messages per hour) set by your plan or agreed upon at onboarding. Exceeding these limits may result in request throttling. Persistent abuse may result in account suspension.

6.3 Enforcement

We reserve the right to investigate suspected violations and may take any action we deem appropriate, including suspending access, removing content, or reporting to law enforcement authorities, without prior notice in serious cases.

7Data & Content Ownership

7.1 Your Content

You retain all ownership rights to your Content, including your contact data, message templates, and media files. By uploading or transmitting Content through the Service, you grant us a limited, non-exclusive, royalty-free licence to host, process, and transmit that Content solely for the purpose of providing the Service.

7.2 Contact Data Responsibility

You are the data fiduciary (as defined under DPDPA 2023) for all personal data of your End Users / Contacts stored in PyxWA. You are solely responsible for:

• Collecting and maintaining valid consent for all contacts
• Responding to data subject access, correction, and erasure requests
• Ensuring lawful basis for all processing activities
• Notifying affected individuals of any data breach within applicable timelines

7.3 Our Data

All platform software, systems, aggregated analytics (not linked to identifiable individuals), branding, documentation, and underlying technology remain the sole property of Kpyxal Solutions LLP. Nothing in these Terms transfers any ownership of our intellectual property to you.

7.4 Data on Termination

Upon termination of your account, we will retain your data for up to 30 days after which it will be deleted, except where we are required by law to retain it longer. You may request an export of your data before termination.

8Billing & Payments

8.1 Prepaid Wallet Model

The Service operates on a prepaid credit (Wallet) model. You must maintain a sufficient Wallet balance to send messages and run campaigns. The Service will not allow message sending when your balance is insufficient relative to the estimated cost of the operation.

8.2 Top-Up

You may top up your Wallet at any time via payment methods we support (as listed in the client portal). All top-up amounts are in Indian Rupees (INR) unless otherwise agreed. Payments are processed by third-party payment gateways, and we do not store your payment card details.

8.3 Pricing

Per-message pricing is set by your account's pricing rules (configured by our team at onboarding or on request). Prices may vary based on:

• Message type (text, template, media)
• Template category (MARKETING, UTILITY, AUTHENTICATION)
• Message direction (outbound / inbound)
• Volume tiers (if applicable)

Pricing rules in effect at the time a message is sent determine the amount debited. We will provide advance notice of any general pricing changes.

8.4 No Refunds on Credits Used

Credits debited for messages that have been dispatched to Meta's API are non-refundable, regardless of final delivery outcome (e.g., messages undelivered because the recipient's number is invalid). Credits for messages that fail before dispatch (e.g., due to validation errors) may be refunded at our discretion.

8.5 Unused Balance Refunds

Unused Wallet balance may be refunded upon written request, subject to a processing fee and verification. Refund requests must be submitted within 90 days of account closure. We reserve the right to reject refund requests where there is evidence of policy violation or fraud.

8.6 Taxes

All amounts are exclusive of applicable taxes (including GST). Where applicable, GST will be added to your invoice at the prevailing rate. You are responsible for any taxes applicable in your jurisdiction.

9Intellectual Property

The PyxWA platform, including its source code, design, user interface, logos, documentation, and all related technology, is the exclusive intellectual property of Kpyxal Solutions LLP and is protected by applicable copyright, trademark, and trade secret laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes in accordance with these Terms. This licence does not include the right to:

• Reproduce, modify, distribute, or create derivative works of the Service
• Use our trademarks, logos, or branding without written permission
• Build a competing product or service using material derived from the Service

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us freely without any obligation to compensate you.

10Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information").

Confidential Information includes, but is not limited to: API keys, pricing agreements, technical documentation marked confidential, and non-public product roadmaps. Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was already known to the receiving party before disclosure
• Is independently developed by the receiving party without reference to the disclosing party's information
• Must be disclosed by law or court order (in which case prompt notice will be given where legally permissible)

This confidentiality obligation survives termination of these Terms for a period of 3 years.

11Warranties & Disclaimers

We specifically disclaim all warranties including:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, or free of viruses or harmful components
• Any warranty regarding the accuracy, reliability, or completeness of any information on the platform
• Any warranty that Meta will approve your templates or maintain your WhatsApp Business Account in good standing

We do not warrant that all messages sent through the Service will be delivered successfully. Delivery is contingent on the recipient's device, connectivity, and Meta's infrastructure.

12Limitation of Liability

12.1 Excluded Damages

Under no circumstances shall Kpyxal Solutions LLP be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Costs of procuring substitute services
• Any damages arising from your reliance on information obtained through the Service
• Any loss arising from Meta suspending or banning your WhatsApp Business Account
• Any interruption or failure of the Service due to causes beyond our reasonable control (see Force Majeure below)

12.2 Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including: acts of God, natural disasters, epidemic or pandemic, war, terrorism, government action, power failures, internet outages, or failure of third-party providers (including Meta). The affected party shall notify the other promptly and use commercially reasonable efforts to resume performance.

13Indemnification

You agree to indemnify, defend, and hold harmless Kpyxal Solutions LLP, its partners, employees, agents, and successors from and against any claims, damages, penalties, fines, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service in violation of these Terms or any applicable law
• Your Content, including any claim that your Content infringes third-party rights
• Your violation of Meta's WhatsApp Business Policy or Commerce Policy
• Any claim by an End User relating to messages you sent them through the Service
• Any breach of your representations or warranties under these Terms

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to your indemnification, in which case you shall cooperate with us in asserting available defenses.

14Suspension & Termination

14.1 Termination by You

You may terminate your account at any time by contacting us at hello@kpyxal.com. Termination will take effect after we process your request. Any unused Wallet balance will be subject to the refund policy in Section 8.5.

14.2 Suspension or Termination by Us

We may suspend or terminate your account (in whole or in part) immediately and without prior notice if:

• You breach any provision of these Terms
• You engage in fraudulent, abusive, or illegal activity
• Your use of the Service poses a risk to other clients, our infrastructure, or third parties
• Meta suspends or bans your WhatsApp Business Account
• You fail to pay any amounts due
• We are required to do so by applicable law or court order

We may also terminate accounts with 30 days' written notice for any business reason, including discontinuation of the Service.

14.3 Effect of Termination

On termination: (a) all licences granted to you under these Terms cease; (b) you must stop using the Service and delete all API keys; (c) any accrued payment obligations survive termination; (d) we will delete your data per Section 7.4.

14.4 Survival

Sections 7 (Data & Content Ownership), 9 (Intellectual Property), 10 (Confidentiality), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law), and any accrued payment obligations shall survive termination of these Terms.

15Governing Law & Dispute Resolution

15.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.

15.2 Informal Resolution

Before initiating any formal dispute process, you agree to first attempt to resolve the dispute informally by contacting us at hello@kpyxal.com. We will attempt to resolve the dispute within 30 days of receiving your notice.

15.3 Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be Gandhinagar, Gujarat, India. The language of arbitration shall be English. The award of the arbitral tribunal shall be final and binding on both parties.

15.4 Jurisdiction

Subject to the arbitration clause above, you consent to the exclusive jurisdiction of the courts located in Gandhinagar, Gujarat, India for any matters not subject to arbitration.

15.5 No Class Actions

Any dispute resolution proceeding shall be conducted only on an individual basis. You waive any right to bring or participate in any class, collective, or representative action against Kpyxal Solutions LLP.

16Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will:

• Update the "Effective Date" at the top of this page
• Send a notice to the email address registered with your account at least 14 days before the changes take effect
• Display a prominent notice in the client portal

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you disagree with the revised Terms, you must stop using the Service and close your account before the changes take effect.