Terms & Conditions

Acceptance of These Terms

These Terms and Conditions (“Terms”) form an agreement between you and Whatsmark (“Whatsmark”, “we”, “our” or “us”).

By accessing our website, submitting an enquiry, requesting a quotation, opening an account or using our services, you agree to these Terms and our Privacy Policy.

If you are using our services on behalf of a company or another organization, you confirm that you have authority to accept these Terms on its behalf.

If you do not agree with these Terms, you should not use our website or services.

Our Services

Whatsmark provides business messaging and communication solutions that may include:

• OTP and verification messaging.
• Transactional notifications and alerts.
• Promotional messaging campaigns.
• WhatsApp Business API communication.
• RCS Business Messaging campaigns.
• Messaging templates and campaign support.
• Message delivery and interaction reporting.

The exact scope, availability, fees and features of a service will be described in the relevant quotation, order, service agreement or communication.

Submitting an enquiry does not automatically activate a service or guarantee platform, telecom-operator or messaging-agent approval.

Eligibility and Business Information

You must have the legal capacity and authority required to use our services.

You agree to provide accurate, complete and up-to-date information, including:

• Legal or publicly recognized business name.
• Correct website and contact details.
• Accurate service and messaging use cases.
• Required registrations and supporting documents.
• Approved brand, logo and messaging assets.
• Valid recipient-consent and opt-in information.

You must promptly inform us if any information supplied to us becomes inaccurate or changes.

Client Responsibilities

When using Whatsmark services, you are responsible for:

• Ensuring that your business, products and messaging activities are lawful.
• Providing accurate information during platform or messaging-agent registration.
• Obtaining all required permissions from recipients.
• Maintaining evidence of recipient consent.
• Using approved sender IDs, templates, agents and business profiles.
• Honouring unsubscribe, opt-out and consent-withdrawal requests promptly.
• Keeping account credentials and API keys confidential.
• Complying with message-frequency and quiet-hour requirements.
• Reviewing campaign content before submission.
• Cooperating with reasonable compliance checks.

You are responsible for the actions of employees, contractors, agencies and other users who access the services through your account.

Recipient Consent and Opt-Outs

You must obtain clear and appropriate consent before sending promotional or other consent-based messages.

Consent should clearly explain:

• The identity of the business sending messages.
• The type and purpose of the communications.
• The communication channels that may be used.
• How frequently messages may be sent, where relevant.
• How a recipient can withdraw consent or opt out.

Where required, you must maintain consent records showing when, where and how permission was obtained.

Recipients must be given a clear and practical method to stop promotional communication.

Prohibited Use

You must not use our website or services to:

• Send spam or unsolicited bulk communication.
• Send fraudulent, deceptive or misleading content.
• Conduct phishing, impersonation or account hijacking.
• Distribute malware, viruses or harmful software.
• Promote unlawful goods, services or activities.
• Harass, threaten, discriminate against or exploit others.
• Hide the sender’s identity or purpose of a message.
• Collect passwords, security answers or complete financial credentials through unsecured messages.
• Circumvent platform, telecom, regulatory or technical restrictions.
• Interfere with the operation, security or availability of any service.
• Use information about a recipient’s online or offline status in an unexpected or intrusive manner.
• Infringe intellectual-property, privacy or other legal rights.

Message Content and Campaign Approval

All message content must be accurate, clear, professional and consistent with the approved business and use case.

You are responsible for ensuring that:

• Business names, logos, websites and contact details are accurate.
• Messages do not contain false or unsupported claims.
• Templates match the registered message category and purpose.
• Promotional messages are not submitted as transactional or service messages.
• Links direct recipients to legitimate and relevant destinations.
• Images, videos and other assets are clear and legally authorized.

Whatsmark, telecom operators or platform providers may reject, delay, restrict or require changes to content that does not meet applicable requirements.

Message Delivery and Availability

Message delivery depends on third-party systems, networks, devices, recipient settings and other factors outside Whatsmark’s direct control.

Delivery may be affected by:

• Network or telecom-operator availability.
• Incorrect or inactive recipient information.
• Recipient device settings or compatibility.
• Platform filtering, spam controls or restrictions.
• Template, sender ID or agent approval status.
• Maintenance, outages or technical disruptions.
• Recipient consent and preference settings.

We do not guarantee uninterrupted service, a particular delivery time, universal device support or delivery of every message.

Delivery reports and interaction data are based on information supplied by the relevant networks and platforms.

Third-Party Platforms and Providers

Our services may depend on third parties, including:

• Telecommunications and mobile-network operators.
• Authorized SMS and messaging aggregators.
• Meta and WhatsApp Business services.
• Google or Jibe RCS services.
• Hosting, infrastructure and security providers.

Your use of these services may also be governed by the third party’s terms, privacy policies, acceptable-use policies and technical requirements.

Third parties may modify, suspend, restrict or discontinue their services. Whatsmark is not responsible for changes made solely by those providers.

Accounts, API Credentials and Security

Where account access or API credentials are supplied, you must:

• Keep passwords, tokens and API keys confidential.
• Restrict access to authorized personnel.
• Use reasonable security controls.
• Notify us promptly about suspected unauthorized access or credential exposure.
• Revoke access for employees or contractors who no longer require it.

You must not share, resell, publish or expose credentials unless expressly authorized.

Fees and Payments

Service fees, message charges, taxes, payment schedules and validity periods will be stated in the applicable quotation, invoice, order or service agreement.

Message rates may vary based on destination, channel, message category, operator, platform pricing and applicable taxes.

Unless otherwise agreed in writing, fees already incurred for processed messages, setup work or activated services are non-refundable.

We may suspend paid services where an undisputed payment remains overdue after reasonable notice.

Intellectual Property

The Whatsmark website, branding, design, software, documentation and original materials are owned by or licensed to Whatsmark.

You may not copy, reproduce, modify, distribute, sell or exploit our materials without prior written permission, except where permitted by law.

You retain ownership of content and branding materials you provide. You grant Whatsmark and relevant service providers permission to process those materials only as necessary to provide the requested services.

Third-party product names, trademarks and platform names belong to their respective owners.

Suspension and Termination

We may restrict, suspend or terminate access to a service where reasonably necessary, including when:

• These Terms are violated.
• Messaging consent cannot be demonstrated.
• Spam, fraud, abuse or unlawful activity is suspected.
• A platform or telecom operator requires suspension.
• Business or registration information is inaccurate.
• Service security or integrity may be at risk.
• Applicable fees remain unpaid.
• Suspension is required by law or regulation.

Where practical and legally permitted, we may provide notice and an opportunity to correct the issue before termination.

Disclaimers

Our website and services are provided on an “as available” basis, subject to applicable law and any specific written service commitments.

Website content is provided for general information and does not constitute legal, regulatory or professional advice.

Whatsmark does not guarantee:

• Approval by any platform or telecom operator.
• Uninterrupted or error-free service.
• Delivery of every message.
• A particular campaign result or response rate.
• Compatibility with every device or network.

Limitation of Liability

To the maximum extent permitted by applicable law, Whatsmark will not be liable for indirect, incidental, special or consequential losses arising from:

• Service interruption or message-delivery failure.
• Third-party platform or network actions.
• Unauthorized use caused by exposed credentials.
• Client-provided content or recipient information.
• Failure to obtain appropriate recipient consent.
• Loss of profits, business opportunities or data.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

Governing Law and Disputes

These Terms are governed by the applicable laws of India.

The parties should first attempt to resolve any dispute through good-faith communication.

Subject to applicable law and any separate written agreement, courts located in Ahmedabad, Gujarat, India will have jurisdiction over disputes relating to these Terms.

Changes to These Terms

We may update these Terms to reflect changes to our services, platform requirements or applicable laws.

Updated Terms will be published on this page with a revised effective date. Continued use after an update means you accept the revised Terms.