XploreByte Solutions

1) Definitions

Customer Data: data you submit or generate in the Service (contacts, templates, media, logs).

WhatsApp Data: data processed via the WhatsApp Cloud API (WABA ID, phone_number_id, template metadata, delivery/read events).

WABA: WhatsApp Business Account. Order: any online checkout or SOW referencing these Terms.

Documentation: help docs, onboarding guides, and API references we publish.

2) The Service; WhatsApp/Meta Dependencies

XploreByte provides tools to connect a WABA, manage templates, send messages through the WhatsApp Cloud API, receive/process webhooks, and analyze performance.

Onboarding: Embedded Signup (ESU) or Manual connection of existing WABA/number.
External control: Meta/WhatsApp controls template approvals, quality ratings, throughput, conversation categories/prices, and the green tick. We cannot guarantee approvals or specific performance.
Changes: We may modify or discontinue features for stability, security, or compliance (e.g., to address API/policy changes by Meta). Material changes will be communicated where required.

3) Accounts & Eligibility

You must be 18+, provide accurate information, keep credentials confidential, and ensure only authorized personnel access the account. You are responsible for activities under your account.

4) Your Responsibilities; Acceptable Use

Obtain/document valid opt-in for WhatsApp messaging and honor opt-out.
Ensure your content, templates, media, and contact lists comply with law and WhatsApp/Meta policies.
No impersonation, spam, illegal, harmful, or infringing content.
No attempts to bypass quotas, API rate limits, or platform restrictions; no probing/scanning or reverse engineering except as allowed by law.
No emergency or life-critical usage.

We may throttle or suspend usage to protect platform stability or enforce limits.

5) License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription for your internal business purposes.

6) Plans, Fees, Taxes, Credits, Refunds

Fees and plan limits are shown on the Site or in your Order. You authorize recurring charges to your payment method.

Taxes & pass-throughs: You are responsible for taxes, carrier charges, and Meta conversation charges unless stated otherwise.
Changes: We may update plan features and pricing prospectively; notice provided where required.
Late payment: Overdue balances may incur interest, collection costs, and/or suspension.
Credits: Promotional credits/trial allowances expire as stated and have no cash value.
Refunds: Except where required by law, fees are non-refundable.

7) Trials, Betas, Pre-release

Trials/betas are provided AS IS, may be limited or discontinued, and may not be suitable for production.

8) Data Protection & Privacy

Our Privacy Policy governs our handling of personal data: https://xplorebyte.com/privacy.

Roles: For your end-user data, you are the controller and we process on your instructions; for our own operations (billing, security, analytics), we act as an independent controller.

DPA: Our Data Processing Addendum (sub-processors, SCCs, security, rights assistance, deletion/return) is available on request at support@xplorebyte.com. Sub-processors list: /subprocessors. Cookies: /cookies.

9) Intellectual Property; Feedback

We own the Service and related IP. You own your Customer Data and marks. You grant us a limited license to host, process, transmit, display, and create necessary technical copies of your content to provide and improve the Service.

Feedback: If you provide feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.

10) Confidentiality

Each party will protect the other’s Confidential Information and use it only to perform under these Terms. Exceptions apply to information that is public through no fault, independently developed, or lawfully received from a third party.

11) APIs, Rate Limits & Webhooks

We may publish API rate limits and concurrency caps; do not exceed them. You are responsible for reliable webhooks (acknowledge quickly, implement retries, secure endpoints). Limits may change for security or provider reasons.

12) Support & Availability

We aim for high availability but do not guarantee uninterrupted service. Maintenance, provider incidents (e.g., Meta outages), or policy changes may impact throughput or features. Support level depends on your plan; premium SLAs may require a separate Order.

13) Security; Incidents

We implement industry-standard safeguards (encryption in transit, least-privilege access, secret management, auditing). If we discover a security incident affecting your data, we will investigate, mitigate, and notify you and/or authorities as required by law and our agreements.

14) Suspension & Termination

We may suspend or terminate access for: (a) material breach of these Terms or law/policies; (b) security risk; (c) non-payment; or (d) discontinuation of the Service. You may terminate per your plan at any time.

Upon termination: access ceases; we will delete/return Customer Data per the Privacy Policy/DPA and your instructions (subject to legal retention); accrued fees remain due.

15) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT CONTROL OR GUARANTEE META/WHATSAPP APPROVALS, QUALITY RATINGS, PRICING, OR THROUGHPUT.

16) Limitation of Liability

We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits/revenue, data loss, or business interruption.
Our aggregate liability for all claims in any 12-month period will not exceed the fees you paid for the Service in that period (or USD 100 if no fees were paid), to the maximum extent permitted by law.

17) Indemnification

You will defend, indemnify, and hold harmless XploreByte and its affiliates, officers, directors, and employees from claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from (a) your content or Customer Data; (b) your unlawful use of the Service; or (c) your breach of these Terms or applicable law/policy.

18) Compliance & Publicity

Export control & sanctions: You are not on any restricted list and will not use the Service in violation of export/sanctions laws. We may restrict access where required by law or platform policy.

Anti-bribery/anti-corruption: You will comply with applicable anti-bribery laws.

Publicity: Unless you opt out via support@xplorebyte.com, you grant us the right to use your name and logo to identify you as a customer.

19) General Terms

Force majeure: Neither party is liable for delays/failures due to events beyond reasonable control (e.g., telecom failure, DoS attacks, acts of God, war, government action, changes to third-party platforms like Meta/WhatsApp). Payment obligations are excluded.

Order of precedence: If there’s a conflict, the following governs: (1) Order (commercial/pricing specifics), (2) DPA (data processing), then (3) these Terms.

Assignment: You may not assign without our consent (not unreasonably withheld). We may assign to an affiliate or in connection with merger, acquisition, or asset sale.

Notices: Legal notices to XploreByte must be emailed to support@xplorebyte.com and sent to the postal address below. We may notify you via email to your admin address or through the Service.

Relationship; No waiver; Severability: Parties are independent contractors; no waiver is continuing; invalid terms are modified to the minimum extent necessary; the rest remains effective.

Entire agreement: These Terms (plus referenced documents) are the entire agreement and supersede prior statements on the subject.

20) Governing Law & Venue

These Terms are governed by the laws of India, excluding conflict-of-law rules. Courts located in Bhiwani, Haryana, India (or the nearest competent courts in Haryana) have exclusive jurisdiction, unless mandatory law provides otherwise.

21) Contact