Terms of Service

1. This agreement

These Terms of Service ("Terms") are a binding agreement between Drasken Labs Private Limited ("we", "us") and the organisation that registers for WA Console ("you", "Customer"). By creating an account, connecting a WhatsApp Business Account, or using our API, you accept these Terms. If you accept them on behalf of a company, you confirm you have authority to bind that company.

These Terms incorporate, and you also agree to, our Acceptable Use Policy (/acceptable-use), our Privacy Policy (/privacy) and our Cookie Policy (/cookies). Where a signed order form or master agreement exists between us, that document prevails over these Terms to the extent of any conflict.

2. Definitions

Platform

The WA Console console, APIs, webhooks, documentation and supporting services we make available to you.

WABA

Your WhatsApp Business Account, held with Meta, that you connect to the Platform.

Customer Data

All data you or your users submit to, or generate through, the Platform — including contacts, message content, templates and configuration.

End User

A person you message on WhatsApp using the Platform.

Meta Terms

Meta's and WhatsApp's terms and policies that govern the WhatsApp Business Platform, including the WhatsApp Business Terms (https://www.whatsapp.com/legal/business-terms), the Business Messaging Policy (https://www.whatsapp.com/legal/messaging-policy), the Commerce Policy (https://www.whatsapp.com/legal/commerce-policy) and the Meta Platform Terms (https://developers.facebook.com/terms).

Conversation charges

The per-conversation or per-message fees Meta charges for WhatsApp Business Platform usage.

3. What we provide

We provide a hosted console and API for sending and receiving WhatsApp Business Platform messages: a console for managing WhatsApp Business Accounts, phone numbers, message templates and contacts; APIs and webhooks for sending and receiving messages programmatically; and reporting on delivery, read and failure status.

We operate as a Tech Provider on the Meta WhatsApp Business Platform (Cloud API). We act on your instructions in relation to your WABA — we do not own it, and we do not control whether Meta approves your business, your templates, your phone numbers or your messaging limits.

4. Accounts, eligibility and access

• You must be 18 or older, legally able to enter contracts, and not barred from using the service under any applicable law or sanctions regime.
• You must provide accurate registration and business information and keep it current — Meta requires accurate business identity for verification.
• You are responsible for everything done under your account, including by your users and by anyone using your API keys.
• You must keep credentials confidential, issue individual accounts rather than sharing logins, rotate API keys when a person with access leaves, and revoke keys you no longer use.
• You must tell us promptly at [email protected] if you suspect unauthorised access to your account or keys.
• We may suspend access to protect the Platform, other customers, or to comply with a Meta or legal directive.

5. Meta and WhatsApp requirements

Your use of the WhatsApp Business Platform through us is subject to the Meta Terms as well as these Terms. You are responsible for reading and complying with them. Where the Meta Terms are stricter than ours, the Meta Terms apply.

• You authorise us, as your Tech Provider, to access and manage your WABA, phone numbers, templates and webhooks on your instruction, using the permissions you grant during Embedded Signup.
• You confirm that you own or are authorised to use every phone number and business identity you connect, and every brand name you send messages under.
• You will obtain and retain valid opt-in from every recipient before messaging them, and honour opt-outs.
• You will comply with WhatsApp's template rules, category rules, 24-hour customer service window and quality-rating requirements.
• You will not use the Platform in a way that would put our Meta Tech Provider status or app review approval at risk.
• Meta may independently suspend or terminate your WABA, restrict your messaging limits, reject or pause templates, or ban a phone number. We cannot overrule those decisions and are not liable for them.

6. Your responsibilities for content and recipients

• You are the controller of Customer Data. You determine what is sent, to whom, and why, and you must have a lawful basis for it.
• You are responsible for the accuracy, legality and appropriateness of every message, template and media file you send.
• You must give recipients a clear way to opt out, and process opt-outs promptly across all future messaging.
• You must not send content prohibited by our Acceptable Use Policy or the WhatsApp Commerce and Messaging Policies.
• You must not upload contact lists you did not lawfully collect, or numbers that never opted in.
• You are responsible for any regulatory consent, disclosure or record-keeping obligation specific to your industry or country.

7. Fees, conversation charges and taxes

• Platform fees are those set out in your plan or order form. Unless stated otherwise, fees are exclusive of taxes, which you pay in addition.
• Meta's conversation charges are separate. Depending on your setup they are billed by Meta to your own payment method, or passed through by us at cost plus any stated margin.
• Usage is metered by our records, which are the reference for billing absent manifest error.
• Invoices are payable within the period stated on them. We may suspend the service for overdue amounts after giving notice.
• We may change fees on notice; changes apply from your next billing period, and you may terminate before they take effect.
• Except where the law requires otherwise, fees already paid are non-refundable.

8. Availability, support and changes

We aim to keep the Platform available at all times but do not guarantee uninterrupted service. Support channels, response targets and escalation are described at /support; a first reply target of 1 business day applies to standard requests unless your order form states otherwise.

• We may carry out planned maintenance, and will give advance notice where the impact is material.
• We may make emergency changes without notice to protect security or integrity.
• We may add, change or withdraw features. Where we withdraw a feature you materially rely on, we will give reasonable notice.
• Message delivery depends on Meta, on mobile networks and on the recipient's device. We do not guarantee delivery, delivery time, or that a template will be approved.

9. Data protection

Our handling of personal data is described in our Privacy Policy (/privacy). For End User data you are the controller and we are your processor: we process it only on your documented instructions, which these Terms and your use of the Platform constitute.

• You warrant that you have a lawful basis for the personal data you put into the Platform and for the messages you send.
• We will keep Customer Data confidential, apply the security measures described in our Privacy Policy, and bind our staff and sub-processors to confidentiality.
• We will assist you, so far as reasonably possible, with data-subject requests, security-incident notification and impact assessments.
• Customers who require one may request a Data Processing Addendum from [email protected]; where executed, it forms part of these Terms.
• On termination we delete or return Customer Data as described at /data-deletion.

10. Intellectual property

• We own the Platform, its software, design, documentation and trademarks. Nothing in these Terms transfers that ownership to you; you receive a non-exclusive, non-transferable right to use the Platform during your subscription.
• You own Customer Data. You grant us a limited licence to host, process, transmit and display it strictly to provide and support the Platform, and to comply with law.
• You must not copy, decompile, reverse engineer, resell, sublicense or create derivative works from the Platform except where the law expressly allows it.
• If you send us feedback or suggestions, we may use them without obligation or compensation.
• Third-party trademarks — including WhatsApp and Meta — remain the property of their owners and are used only to describe interoperability.

11. Confidentiality

Each party will protect the other's non-public information with at least reasonable care, use it only for the purpose of this agreement, and disclose it only to people who need it and are bound by confidentiality. This does not apply to information that is public through no breach, independently developed, or lawfully received from a third party, and does not prevent disclosure required by law — where we will, if permitted, tell you first.

12. Suspension and termination

Either party may end this agreement; the grounds and effects differ.

• On termination your access ends, API keys stop working, and scheduled or queued messages are cancelled.
• You may export your data before closure, and for a short window afterwards, as described in the data deletion instructions.
• After that window we delete Customer Data on the timelines at /data-deletion.
• Your WABA, phone numbers and approved templates stay with Meta and remain yours — disconnecting from us does not delete them.
• Sections that by their nature should survive — fees accrued, confidentiality, IP, disclaimers, liability, indemnity and governing law — survive termination.

13. Warranties and disclaimers

We warrant that we will provide the Platform with reasonable skill and care. Otherwise, and to the maximum extent the law allows, the Platform is provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

• We do not warrant that the Platform will be uninterrupted, error-free, or that every message will be delivered.
• We do not warrant that Meta will approve your business, templates, phone numbers or messaging limits, or maintain any quality rating.
• We are not responsible for the availability, acts or omissions of Meta, mobile networks or other third parties.
• Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

14. Limitation of liability

• Neither party is liable for indirect, incidental, special, punitive or consequential loss, or for lost profits, revenue, goodwill, business or anticipated savings, however caused.
• Our total aggregate liability arising out of or relating to this agreement is limited to the fees you paid us in the 12 months immediately before the event giving rise to the claim.
• These limits apply to all claims in aggregate, whether in contract, tort (including negligence), statute or otherwise, and survive termination.
• The limits do not apply to your obligation to pay fees, to either party's breach of confidentiality, or to liability that cannot lawfully be limited.

15. Indemnity

You will defend and indemnify us against third-party claims, fines and regulatory actions — including claims by message recipients, by data protection authorities and by Meta — arising from your Customer Data, your messages, your failure to obtain opt-in, your breach of the Meta Terms or the Acceptable Use Policy, or your unlawful use of the Platform. We will notify you of any such claim, give you control of the defence for claims solely about your conduct, and cooperate reasonably at your cost.

16. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days notice by email or in-console notice. If you do not accept a change, you may terminate before it takes effect; continuing to use the Platform afterwards means you accept it. Changes required by law or by the Meta Terms may take effect sooner where we have no choice.

17. General

• Assignment: you may not assign this agreement without our written consent; we may assign it to an affiliate or in connection with a merger or sale of the business.
• Subcontracting: we may use sub-processors and subcontractors, and remain responsible for their performance.
• Force majeure: neither party is liable for failure caused by events beyond reasonable control, including outages at Meta or at network operators.
• Severability: if a provision is unenforceable, the rest stands and the provision is read down to the minimum extent necessary.
• No waiver: not enforcing a right is not a waiver of it.
• Notices: we give notice by email to your account contact or by in-console notice; you give notice to the legal contact below.
• Entire agreement: these Terms and the documents they incorporate are the whole agreement and replace any prior understanding.
• No third-party rights: no one other than the parties may enforce these Terms.

18. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law rules, and the parties submit to the exclusive jurisdiction of the competent courts of India. Before starting proceedings, each party will raise the dispute in writing to the other and attempt to resolve it in good faith for 30 days. Nothing prevents either party from seeking urgent injunctive relief.

19. Contact

• Legal and contracts[email protected]
• Support[email protected]
• Report abuse of the platform[email protected]
• Acceptable Use PolicyRead the rules that apply to your messaging