These Terms of Service (“Terms”) are a legal agreement between TechAge Systems (“TechAge”, “we”, “us”, “our”) and the business or person that uses our Service (“you”, the “merchant”). Please read them together with our Privacy Policy.
1. Agreement to these terms
By creating an account, connecting a WhatsApp Business number, or otherwise using the Service, you agree to these Terms. If you are accepting on behalf of a business, you confirm you are authorised to bind that business. If you do not agree, do not use the Service.
2. The Service
TechAge provides ERP and billing software for retail, wholesale and distribution businesses in India, together with an integration that enables merchants to send transactional messages (such as invoices, order confirmations and shipment updates) to their own customers via the merchant's own connected WhatsApp Business number, using the WhatsApp Business Platform (Cloud API) provided by Meta.
3. Accounts & eligibility
- You must be a business (or an authorised representative) and at least 18 years old.
- You are responsible for keeping your login credentials confidential and for all activity under your account.
- You must provide accurate registration information and keep it up to date.
- Notify us promptly of any unauthorised use of your account.
4. Acceptable use
You agree not to use the Service to:
- Send spam, unsolicited marketing, or messages to recipients who have not opted in or who have opted out.
- Send unlawful, fraudulent, deceptive, harassing, hateful, or otherwise objectionable content.
- Violate any applicable law or regulation, or the rights (including privacy and intellectual-property rights) of others.
- Transmit malware, attempt to gain unauthorised access to systems, or interfere with or disrupt the Service.
- Resell, sublicense, or misrepresent the Service, or use it to build a competing product.
- Circumvent messaging limits, quality controls, or the policies of Meta / WhatsApp.
5. Merchant responsibilities & customer consent
You, the merchant, are the data controller for your customers' data and are solely responsible for:
- Obtaining valid opt-in consent from each customer before messaging them on WhatsApp, in the manner required by the WhatsApp Business Messaging Policy and applicable law.
- Maintaining records of that consent and honouring opt-out / STOP requests promptly.
- Ensuring the phone numbers and content you submit are accurate and lawful, and that you have the right to use them.
- Providing your customers with any privacy notices required of you as the controller.
- Using approved message templates only for permitted transactional purposes.
TechAge acts only as your technology provider and processor for these messages and relies on your confirmation that consent has been obtained.
6. WhatsApp Business Messaging Policy & Meta terms
Your use of the WhatsApp Business Platform through our Service is additionally governed by Meta's and WhatsApp's terms and policies, which you must comply with, including the:
- WhatsApp Business Messaging Policy / Business Policy
- WhatsApp Business Terms of Service
- Meta Platform Terms and Developer Policies
Meta may change these policies, message categories, quality ratings or pricing at any time, and such changes are outside our control. Repeated policy violations may cause Meta to restrict or ban your WhatsApp Business number.
7. Pricing & WhatsApp charges
Fees for the TechTrade ERP and integration are as set out in your order or on our pricing page. In addition:
- WhatsApp conversation / message charges are set by Meta and are passed through to you. These pass-through charges are billed in addition to our software fees and can change whenever Meta changes its rates.
- Unless stated otherwise, fees are exclusive of applicable taxes (such as GST), for which you are responsible.
- Fees are non-refundable except where required by law or expressly agreed in writing.
8. Service availability
We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or factors outside our control — including outages or changes on the WhatsApp Business Platform or other third-party infrastructure. We may modify or discontinue features, giving reasonable notice where practicable.
9. Intellectual property
The Service, including its software, design and content, is owned by TechAge Systems and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You retain ownership of the data you submit; you grant us the rights needed to process it in order to provide the Service.
10. Suspension & termination
We may suspend or terminate your access if you breach these Terms, fail to pay fees, or where required to comply with law or Meta / WhatsApp policies, or to protect the Service or other users. You may stop using the Service at any time. On termination, your right to use the Service ends; provisions that by their nature should survive (such as liability, indemnity and governing law) will continue to apply.
11. Disclaimer of warranties
The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by law. We do not warrant that any message will be delivered, as delivery depends on Meta / WhatsApp and the recipient.
12. Limitation of liability
To the maximum extent permitted by law, TechAge and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service. Our total aggregate liability for any claim relating to the Service will not exceed the amount you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless TechAge and its affiliates from any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of your use of the Service, your content, your messaging to customers, your failure to obtain required consent, or your breach of these Terms or applicable law.
14. Governing law
These Terms are governed by the laws of India. Subject to any mandatory protections that apply to you, the courts at Kochi (Ernakulam), Kerala, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
15. Changes to these terms
We may update these Terms from time to time. When we make material changes, we will revise the “Last updated” date above and, where appropriate, notify you. Continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.
16. Contact
Questions about these Terms? Contact us using the details below.