Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Chatyfy (the “Service”), operated by Tesla Online Solution (“we”, “us”, “our”). By creating an account, accessing the Service or sending messages through it, you agree to these Terms.

If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and “you” refers to it. If you do not agree to these Terms, do not use the Service.

Our Privacy Policy and Data Deletion pages are incorporated into these Terms by reference.

Chatyfy is a software platform that lets businesses — principally spas, salons and wellness providers — communicate with their customers over the WhatsApp Business Platform. It provides contact management, message templates, broadcast campaigns, a shared team inbox, automated replies and delivery reporting.

Chatyfy is an independent product. It is not endorsed by, affiliated with or operated by Meta Platforms, Inc. WhatsApp is a trademark of Meta Platforms, Inc. Message delivery depends on Meta’s infrastructure and policies, which are outside our control.

You are responsible for obtaining and maintaining your own WhatsApp Business Account and for any fees Meta charges for conversations or message delivery. Those charges are separate from any subscription fee payable to us.

• You must provide accurate registration information and keep it current.
• You are responsible for all activity that occurs under your account, including actions taken by staff accounts you create.
• You must keep credentials confidential and must not share logins between people. Create a separate staff account for each person.
• You must notify us promptly at the contact address below if you suspect unauthorised access.
• You are responsible for the WhatsApp access tokens and account identifiers you supply, and for revoking them in Meta's systems if they are compromised.
• You must be at least 18 years old and using the Service for a legitimate business purpose.

Using Chatyfy means you are also using Meta’s platform, and you must comply with Meta’s rules independently of these Terms. In particular you agree to comply with:

• The WhatsApp Business Messaging Policy.
• The WhatsApp Commerce Policy.
• The Meta Platform Terms and WhatsApp Business Terms of Service.
• Any messaging limits, quality ratings and template approval requirements Meta applies to your account.

You acknowledge that Meta may restrict, downgrade or disable your WhatsApp Business Account for policy violations, and that such action is outside our control. We are not liable for any loss arising from Meta’s enforcement decisions, nor for messages Meta refuses to deliver.

Breaching Meta’s policies is also a breach of these Terms, and we may suspend your account as a result.

You may only message people who have given you valid, documented consent to be contacted on WhatsApp. Consent must be freely given, specific and recorded, and you must be able to evidence it on request.

• You must not upload purchased, scraped or rented contact lists.
• You must honour opt-out requests immediately. Replying STOP must remove the customer from marketing messages.
• You must respect the 24-hour customer service window and use approved templates outside it, as Meta requires.
• You must clearly identify your business in your messages.

Chatyfy provides tools to record opt-in status and exclude opted-out contacts from broadcasts, but responsibility for lawful consent rests entirely with you.

You agree to use the Service lawfully, in good faith, and in a way that does not harm the Service, other users, your customers or our relationship with Meta. You agree to comply with all applicable laws, including data protection, consumer protection and anti-spam legislation in the jurisdictions where your customers are located.

You must not use the Service to:

• Send unsolicited bulk messages, spam, or messages to people who have not opted in.
• Send content that is unlawful, fraudulent, deceptive, defamatory, obscene, harassing, hateful or that incites violence.
• Promote goods or services prohibited by the WhatsApp Commerce Policy, including illegal drugs, weapons, tobacco, alcohol where restricted, adult content, gambling where restricted, counterfeit goods, or unapproved medical or health products.
• Impersonate any person or organisation, or misrepresent your affiliation with one.
• Distribute malware, phishing links or any code intended to disrupt or gain unauthorised access to a system.
• Harvest, scrape or resell contact data obtained through the Service.
• Circumvent, disable or interfere with security features, rate limits, or the isolation between business accounts.
• Reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law.
• Resell, sublicense or provide the Service to third parties without our written agreement.
• Use the Service to send messages relating to another person's medical condition or treatment without their explicit consent.

We may investigate suspected violations and may suspend access immediately where we reasonably believe there is a risk to the platform, to your customers or to our standing with Meta.

You retain ownership of the contact data and message content you put into the Service. You grant us a limited licence to host, process and transmit that content solely to provide the Service to you.

As between you and us, you are the data controller for your customers’ personal data and we act as your processor. You are responsible for having a lawful basis to collect and share that data, for providing any required privacy notices to your customers, and for responding to their rights requests. We will assist you with such requests where we reasonably can.

You can export your contacts to CSV at any time from within the application.

• The Service is offered on subscription plans with differing message, contact and staff-seat allowances.
• Fees are stated exclusive of taxes unless indicated otherwise. You are responsible for any applicable GST or other taxes.
• Subscriptions renew automatically for successive periods unless cancelled before the renewal date.
• You may cancel at any time; cancellation takes effect at the end of the current billing period, and the Service remains available until then.
• Fees already paid are non-refundable except where required by law or where we have materially failed to provide the Service.
• We may change pricing on at least 30 days' written notice. Changes apply from your next renewal.
• If a payment fails or an account falls into arrears, we may suspend access after giving you notice and a reasonable opportunity to pay.
• Charges levied by Meta for WhatsApp conversations are billed to you separately by Meta and are not included in any fee payable to us.

We work to keep the Service available and reliable, but we do not guarantee uninterrupted operation. The Service depends on third-party infrastructure — including Google Cloud and Meta’s WhatsApp platform — and may be affected by their outages, maintenance or policy changes.

We may carry out planned maintenance and will give reasonable notice where we can. Support is provided by email at teslaonlinesolution@gmail.com during Indian business hours.

The Service, including its software, design, text and branding, is owned by Tesla Online Solution and protected by intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own business purposes for the duration of your subscription.

You may not copy, modify, distribute, sell or lease any part of the Service, nor use our name or logo without prior written permission. All rights not expressly granted are reserved.

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the Service will be uninterrupted or error-free, that any particular message will be delivered, that Meta will approve any template, or that use of the Service will produce any specific commercial result. Nothing in these Terms excludes liability that cannot lawfully be excluded.

To the maximum extent permitted by law, Tesla Online Solution shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profits, revenue, goodwill, data or business opportunity, arising out of or relating to your use of the Service, however caused and on any theory of liability.

Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the total fees you paid to us in the twelve months immediately preceding the event giving rise to the claim, or (b) INR 10,000.

These limitations apply even if a limited remedy is found to have failed its essential purpose, and do not affect liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited.

You agree to indemnify and hold harmless Tesla Online Solution, its officers, employees and agents against any claim, demand, loss, liability or expense (including reasonable legal fees) arising from:

• Your use of the Service in breach of these Terms or applicable law.
• The content of messages you send through the Service.
• Your failure to obtain valid consent from the people you message.
• Any breach by you of the WhatsApp Business Messaging Policy or Commerce Policy.
• Any claim brought by one of your customers relating to your handling of their personal data.

You may stop using the Service and close your account at any time by contacting us.

We may suspend or terminate your access if:

• You materially breach these Terms and, where the breach can be remedied, fail to remedy it within 14 days of notice.
• You breach the WhatsApp Business Messaging Policy or Commerce Policy.
• Your use presents a security, legal or reputational risk to the platform, to your customers or to our relationship with Meta.
• Payment remains outstanding after notice.
• We are required to do so by law or by Meta.

Where circumstances allow, we will give notice before suspending. On termination your right to use the Service ends immediately. You may request an export of your data within 30 days of termination, after which we delete or anonymise it as described in our Privacy Policy.

Sections covering intellectual property, disclaimers, limitation of liability, indemnity and governing law survive termination.

We may modify, add or remove features. Where a change materially reduces functionality you rely on, we will give reasonable notice.

We may revise these Terms from time to time. The effective date at the top of this page reflects the current version. For material changes we will notify account holders by email or in the application before they take effect. Continuing to use the Service after that point constitutes acceptance.

These Terms and any dispute arising out of or in connection with them are governed by the laws of India, without regard to conflict of law principles.

The courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute, and both parties submit to that jurisdiction. Before commencing proceedings, both parties agree to attempt in good faith to resolve the dispute by discussion, beginning with written notice to the other party.

If any provision of these Terms is held unenforceable, the remainder continues in full force. Our failure to enforce a provision is not a waiver of it.