Terms & Conditions

These Terms & Conditions ("Terms") form a legally binding agreement between you ("Customer", "you", or "your") and EvolvePro Tech Solutions Private Limited ("Splashify Pro", "we", "us", or "our") governing your access to and use of splashifypro.com, our applications, APIs, and software services (collectively, the "Services").

By signing up for an account, accessing the Website, or using any part of the Services, you confirm that you have read, understood, and agreed to be bound by these Terms, the Privacy Policy, the Refund Policy, and all referenced policies. If you do not agree, do not use the Services.

If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

To use our Services, you must:

• Be at least 18 years of age and capable of entering a legally binding contract under Indian law.
• Operate a legitimate business activity registered or domiciled in a jurisdiction permitted by Meta's Commerce Policy.
• Not be barred from using the Services under any applicable law (including sanctions or trade-restriction lists).
• Comply with Meta's WhatsApp Business Policies, Commerce Policy, Messaging Policy, and Display Requirements at all times.

Splashify Pro is a Meta-verified Business Solution Provider offering a software platform for WhatsApp Business API, Instagram messaging, RCS messaging, and related communication automation. The Services include but are not limited to:

• WhatsApp Business API connectivity, broadcasts, templates, and shared inbox.
• Visual chatbot flow builder and AI agents.
• Instagram comment-to-DM automation and unified inbox.
• RCS messaging via JioCX.
• WhatsApp Business Calling with recording.
• Click-to-WhatsApp Ads with Meta Conversion API.
• Reseller and white-label sub-account management.
• Public REST API and webhooks.

We may modify, add to, or discontinue features at any time. Material changes affecting paid plans will be communicated by email at least 30 days in advance.

To access most Services you must register an account with accurate, current, and complete information. You agree to:

• Maintain the security of your password and session tokens.
• Promptly notify us at [email protected] of any unauthorised access.
• Be responsible for all activity under your account, including actions taken by team members you invite.
• Not share login credentials with anyone outside your authorised personnel.
• Maintain a maximum of 5 concurrent active sessions per user account (we may revoke older sessions automatically).

5.1 Plan tiers

We offer three subscription tiers. Starter (₹999/mo), Growth (₹2,999/mo), and Business (₹7,999/mo). With monthly, quarterly, and yearly billing cycles. Pricing, features, and limits per plan are listed at splashifypro.com/pricing and may be updated from time to time.

5.2 Free trial

New accounts are entitled to a 14-day free trial with full feature access. No payment method is required to start the trial. Conversion charges (per Meta's WhatsApp rates) still apply on actual messages sent during the trial. At trial end, you must subscribe to continue using the Services.

5.3 Add-ons

Optional add-ons (additional users, dedicated account manager, additional WABA channels) are billed separately. Add-on billing cycles align with your base plan renewal date.

5.4 Per-message conversation charges

In addition to the subscription fee, your wallet is debited per WhatsApp / RCS / Instagram conversation initiated, at the rates published on our pricing page. These rates are passed through from Meta and partner networks and may change with prior notice.

5.5 Auto-renewal

Subscriptions auto-renew at the end of each billing cycle unless you cancel before renewal. You may cancel at any time from the dashboard. Cancellation takes effect at the end of the current paid cycle.

Payments are processed by our third-party payment partners (Razorpay, Zoho Payments, PhonePe, PayU). By providing payment information you authorise these processors and us to charge you for subscriptions, add-ons, message charges, and other applicable fees.

• Currency: all fees are quoted in Indian Rupees (₹) unless otherwise stated. International transactions are subject to your card issuer's currency-conversion fees.
• Taxes: prices are exclusive of applicable GST or other taxes, which will be added at checkout. We issue GST-compliant invoices via Zoho Books for Indian customers who provide a valid GSTIN.
• Failed payments: if a payment fails, we will retry the charge and send reminders. Continued failure may result in service suspension after a 7-day grace period.
• Wallet model: per-message charges are debited from a prepaid wallet which you must keep funded. We will notify you when your balance falls below configured thresholds.
• Refunds: governed by our Refund Policy.

You must not use the Services to:

• Send spam, unsolicited messages, phishing attempts, or content that violates Meta's WhatsApp Business or Messaging Policies.
• Send messages without obtaining proper opt-in consent from recipients.
• Promote illegal goods or services, including weapons, drugs, counterfeit items, sexually explicit content, or services that violate local laws.
• Impersonate any person or entity or misrepresent your affiliation.
• Distribute malware, viruses, ransomware, or perform any cyberattack.
• Harvest, scrape, or otherwise collect data about other users or third parties.
• Reverse-engineer, decompile, or attempt to extract source code from the Services.
• Resell or sublicense the Services without entering our official Reseller Agreement.
• Interfere with the Services' security, performance, or availability.
• Violate any applicable Indian or foreign law, including the Information Technology Act 2000, Indian Penal Code, and TRAI regulations.

We reserve the right to suspend or terminate accounts found to violate this Acceptable Use Policy, with or without notice, in our sole discretion.

You retain ownership of all data and content you upload to the Services ("Customer Data"), including contact lists, messages, templates, and AI knowledge bases. By uploading Customer Data, you grant us a non-exclusive, worldwide, royalty-free licence to host, process, transmit, and display the Customer Data solely to provide the Services.

You represent and warrant that:

• You have all necessary rights and consents from your end-customers to send messages and process their data through our Services.
• Your Customer Data does not violate any third-party rights or applicable law.
• You will provide a valid privacy policy to your end-customers and honour data-subject rights they may exercise.
• You comply with the Indian Telecom Commercial Communications Customer Preference Regulations (TCCCPR) and equivalent laws on commercial messaging.

This clause governs personal data processed through the Services. It sits alongside our Privacy Notice, which describes what we do with personal data for which we are ourselves the Data Fiduciary. Your account and billing details, and our website analytics.

13.1 Which of us is responsible for what

Under the Digital Personal Data Protection Act, 2023 ("DPDP Act"), and where applicable the GDPR, the roles are split:

• You are the Data Fiduciary (controller) for the personal data of your own contacts and end-customers. Every phone number, email address, name, note and custom field you upload, import or capture through the Services, and the content of the conversations you have with them. You decide why and how that data is processed.
• We are the Data Processor for that same data. We process it only on your documented instructions. Which, for the avoidance of doubt, include the actions you take in the product. And for no purpose of our own.
• We are the Data Fiduciary for your account, billing, support and website-usage data, because we decide the purposes of that processing.

13.2 Our obligations as your processor

• We process Customer Data only to provide the Services, and not for our own marketing, profiling, or model training.
• We apply reasonable security safeguards under Section 8(5) of the DPDP Act, including encryption in transit, encryption at rest for credentials and identity documents, tenant isolation, and access control over administrative access.
• We engage sub-processors. Cloud hosting, messaging gateways, AI providers, payment gateways. To deliver the Services. The current list is in Section 7 of the Privacy Notice. We remain responsible to you for their acts and omissions in relation to your Customer Data.
• Some sub-processors are outside India. Section 15 of the Privacy Notice lists the categories of data involved and where they go. Pending legal reviewWhether the transfers described there require any further step under Section 16 of the DPDP Act depends on the countries the Central Government restricts by notification. Counsel should confirm the position and whether standard contractual clauses are required for the non-India sub-processors.
• We notify you without undue delay, and in any event within 72 hours of becoming aware, of a personal data breach affecting your Customer Data, and we give you the information you need to make your own notifications.
• We assist you, at your reasonable request, in responding to requests from Data Principals to access, correct, or erase data that we hold on your behalf.
• On termination we delete or return Customer Data in accordance with Section 12, except where law requires us to keep it. Billing and tax records in particular.

13.3 Your obligations as the fiduciary

• You must have a lawful basis for every contact you upload and every message you send. For marketing messages that means a consent that meets Section 6 of the DPDP Act. Freely given, specific, informed, unambiguous, and given by a clear affirmative action. And you must be able to produce evidence of it.
• You must give your end-customers a privacy notice of your own that identifies you as the fiduciary, and you must honour the rights they exercise against you.
• You must honour opt-outs. Where a recipient replies with your configured opt-out keyword, unsubscribes from an email, or opts out of RCS, the platform records it and blocks further marketing sends. You must not work around that.
• You must not upload special-category or sensitive data. Health records, financial account credentials, biometric identifiers, government identity numbers. Into contact fields, notes or knowledge bases, except where the Services expressly provide for it (for example, the KYC upload flow).
• You must tell us without undue delay if you learn of a breach affecting Customer Data on your side, where our platform is implicated.

13.4 Rights of individuals

Any individual may exercise their DPDP rights against us directly using our data rights request form, whether or not they are our customer. Where the request concerns data we hold as your processor, we will identify you as the fiduciary and act with you rather than unilaterally. Except where the law requires us to act alone.

13.5 Grievances

Our Grievance Officer can be reached at [email protected]. We acknowledge within 24 hours and respond within 30 days. Complaints may be escalated to the Data Protection Board of India.

Pending legal reviewThis clause was drafted from the actual data flows in the platform rather than from a template, and it has not been reviewed by counsel. The processor/fiduciary characterisation in 13.1, the 72-hour commitment in 13.2, and the allocation of liability between it and the limitation-of-liability clause all need review before this is relied on commercially.

The Services rely on Meta's WhatsApp Business API, Instagram Graph API, and partner networks (JioCX, payment gateways, AI providers). Your use of those services is governed by their own terms:

• Meta WhatsApp Business Platform Terms
• Instagram Platform Policy
• Razorpay Merchant Agreement, Zoho Subscription Terms, PhonePe & PayU terms (as applicable)
• Sarvam AI Terms of Use, Anthropic Acceptable Use Policy (where AI features are used)

We are not responsible for outages, errors, or restrictions imposed by third-party providers. Material changes by Meta or partners may require corresponding changes to our Services.

The Services, including all software, designs, logos, trademarks, content, and documentation, are owned by EvolvePro Tech Solutions Private Limited or our licensors and are protected by Indian and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your internal business purposes during your active subscription. No other rights are granted.

"Splashify Pro", our logo, and other product names are our trademarks. You may not use them without prior written permission.

10.1 By you

You may cancel your subscription at any time from the dashboard. Cancellation takes effect at the end of the current paid billing cycle.

10.2 By us

We may suspend or terminate your access immediately, with or without notice, if:

• You breach these Terms or the Acceptable Use Policy.
• You fail to pay fees when due (after the 7-day grace period).
• Your activity poses a security or legal risk to us or other users.
• Required by law, court order, or Meta enforcement action.

10.3 Effect of termination

On termination: (a) your access to the Services ceases; (b) you remain liable for unpaid fees; (c) Customer Data is retained for 90 days for export, then deleted (subject to legal retention); (d) sections that by their nature should survive (Intellectual Property, Liability, Indemnification, Governing Law) shall survive.

The Services are provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, secure against all unauthorised access, or compatible with all third-party software. Beta features are provided without any warranty and may change or be discontinued.

We make no guarantee about message-delivery rates, which depend on Meta and partner networks. We do not guarantee specific business outcomes from using the Services.

To the maximum extent permitted by Indian law, in no event shall EvolvePro Tech Solutions Private Limited, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to the Services.

Our aggregate liability for any claim arising from these Terms or the Services shall not exceed the amount you paid to us in the 3 months preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be excluded under applicable law, including liability for fraud, gross negligence, or wilful misconduct.

You agree to indemnify, defend, and hold harmless EvolvePro Tech Solutions Private Limited and its directors, employees, and agents from any claim, damage, liability, cost, or expense (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms or the Acceptable Use Policy.
• Your use of the Services to send messages or process data.
• Customer Data you upload, including any third-party rights claims.
• Your violation of applicable law, including data-protection or consumer-messaging laws.

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator appointed by mutual agreement (or by a court if no agreement is reached). The seat of arbitration shall be in India, and proceedings shall be in English.

Subject to the arbitration clause above, the courts in India shall have exclusive jurisdiction over any matter not subject to arbitration.

If you use the Splashify Pro Email API at partner.splashifypro.com to send email on behalf of your own end-customers, separate API-specific terms apply in addition to these Terms. Where the documents conflict on email-API matters, the partner-side documents prevail; where they conflict on general account, billing, IP, or dispute matters, these Terms prevail.

• API Terms of Service the contract for Email API usage.
• Acceptable Use Policy banned content and recipient practices for email senders.
• Anti-Spam Policy consent and list-acquisition rules.
• Auto-Action System automated enforcement thresholds.
• Data Processing Agreement DPDP / GDPR Article 28 obligations.
• Service Level Agreement uptime targets and service credits.

By creating a partner account or sending a single API request, you agree to all of the linked policies above. The Email API is a service of EvolvePro Tech Solutions Private Limited and the same legal entity is responsible for all obligations.

We may update these Terms from time to time. The "Effective" date at the top indicates the latest revision. Material changes will be notified by email and on the Website at least 14 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

• Entire agreement: these Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Services.
• Severability: if any provision is held invalid or unenforceable, the remaining provisions remain in full effect.
• Waiver: our failure to enforce a right is not a waiver of that right.
• Assignment: you may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for delays or failures caused by events beyond reasonable control (natural disasters, strikes, internet outages, government actions, Meta enforcement).
• Notices: we will deliver notices to your registered email. You must send notices to [email protected].
• Language: these Terms are in English. Any translation is provided for convenience only; the English version prevails.