Terms of Service

We build and operate software for businesses. Depending on what you have engaged us for, this may include social media and advertising management, campaign analytics, business messaging, and custom software development and hosting. The specific scope, fees and term of your engagement are set out in a separate order form, proposal or written agreement, which prevails over these Terms in the event of conflict.

• —You must be at least 18 years old and capable of entering into a binding contract.
• —You are responsible for the accuracy of the information you provide and for keeping it current.
• —You are responsible for safeguarding credentials for your accounts and for all activity under them. Tell us immediately if you suspect unauthorised access.
• —You are responsible for the acts and omissions of your personnel and anyone you give access to.

Much of what we do runs on platforms we do not control — principally those operated by Meta Platforms, Inc. Where we act on your behalf on such a platform:

• —You grant us access through the platform's own authorisation flow, and you may review or revoke that access at any time in your platform settings.
• —You remain the owner of your accounts, assets and data on that platform. We do not acquire ownership of them.
• —You must comply with that platform's terms and policies. Where a platform imposes obligations on you as an advertiser, page owner or message sender, those obligations remain yours.
• —We are not responsible for a platform's decisions — including account restrictions, ad disapprovals, policy enforcement, changes to APIs or pricing, or service outages — or for the consequences of those decisions on your business.

Where we send messages or run advertising on your behalf, you are responsible for:

• —Obtaining and maintaining valid, documented opt-in from every recipient before any business message is sent, and honouring opt-outs.
• —The accuracy, legality and substantiation of every claim in the content and creative you supply or approve.
• —Holding the rights to all content, trademarks, images and data you provide to us.
• —Ensuring any customer data you supply was lawfully collected and may lawfully be used for the purpose you have instructed.
• —Complying with applicable advertising, consumer protection, telecom and data protection law in the territories you target.

You must not, and must not permit anyone else to:

• —Use the services to send unsolicited, deceptive or misleading messages, or to harass or defraud anyone.
• —Promote or facilitate anything unlawful, or anything prohibited by an underlying platform's policies.
• —Infringe anyone's intellectual property, privacy or other rights.
• —Upload malware, attempt to breach or probe our systems, or circumvent access controls or usage limits.
• —Reverse engineer, decompile or copy our software, except where that restriction is unenforceable by law.
• —Resell, sublicense or provide the services to a third party without our written agreement.

• —Fees for our services are as set out in your order form or proposal. Unless stated otherwise, invoices are payable within 15 days.
• —Charges levied by a third-party platform — including advertising spend and per-message fees on the WhatsApp Business Platform — are billed by that platform directly to you, against your own payment method. They are not our charges and are not included in our fees.
• —You are responsible for maintaining a valid payment method with any such platform. We are not liable for service interruption caused by a platform payment failure on your side.
• —All fees are exclusive of GST and other applicable taxes, which you must pay in addition.
• —We may suspend the services if undisputed invoices remain unpaid 30 days after the due date, after giving you notice.

• —We retain all rights in our software, systems, methods, documentation and brand. Nothing in these Terms transfers them to you.
• —You retain all rights in your content, data, trademarks and materials. You grant us a non-exclusive licence to use them only as far as necessary to deliver the services.
• —Where an engagement specifies that custom deliverables are assigned to you, that assignment takes effect on full payment for the work.
• —We may use pre-existing tools, libraries and components we own in building deliverables, and we keep ownership of those.

Each party may receive non-public information from the other. Each will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisers who need it and are bound by comparable obligations. These duties survive termination by three years, and indefinitely for trade secrets.

Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf, we do so only on your documented instructions, and you are responsible for having a lawful basis for that processing. Deletion is described on our Data Deletion page.

We work to keep the services available and performing, but we do not guarantee uninterrupted or error-free operation unless a separate service level agreement says so. We may carry out maintenance, and will give reasonable notice of planned downtime where practical.

Except as expressly stated in these Terms or a signed agreement, the services are provided "as is" and "as available", and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.

We do not warrant any particular commercial result. Advertising performance, message deliverability, reach and engagement depend on factors outside our control, including platform algorithms, auction dynamics, your pricing and your market.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill, business opportunity or data, however caused.

Our total aggregate liability arising out of or relating to the services is limited to the fees you paid us in the twelve months immediately before the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be limited under applicable law.

You will indemnify and hold us harmless against third-party claims, and resulting losses and reasonable legal costs, arising from your content, your data, your use of the services in breach of these Terms, or your breach of law or of a platform's policies — including any claim that a message was sent without valid consent.

• —These Terms apply for as long as you use the services.
• —Either party may terminate an engagement as set out in the applicable order form, or on 30 days' written notice where no term is specified.
• —Either party may terminate immediately if the other commits a material breach and fails to cure it within 15 days of written notice, or becomes insolvent.
• —We may suspend access immediately where necessary to prevent harm, to comply with law, or in response to a platform enforcement action.
• —On termination, your right to use the services ends, accrued fees become payable, and we handle your data as described in our Privacy Policy.

These Terms are governed by the laws of India. The parties will first attempt to resolve any dispute in good faith. Failing that, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated in Tamil Nadu, conducted in English. Subject to that, the courts at The Nilgiris, Tamil Nadu have exclusive jurisdiction.

• —If any provision is held unenforceable, the rest remains in force.
• —Our failure to enforce a provision is not a waiver of it.
• —You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger or sale of assets.
• —Neither party is liable for failure to perform due to events beyond its reasonable control.
• —Nothing in these Terms creates a partnership, joint venture, agency or employment relationship, except that we act as your authorised agent on third-party platforms strictly to the extent you have authorised.

We may update these Terms. We will revise the effective date above and, where a change is material, give notice before it takes effect. Continuing to use the services after that means you accept the updated Terms.

Questions about these Terms: info@techcoracorp.com.