Terms and Conditions

Last Updated: January 17, 2026

1. Definitions

• "Service" refers to BharatReach CPaaS platform including WhatsApp Business API and RCS messaging
• "You" or "Customer" refers to the business entity or individual using our services
• "We" or "BharatReach" refers to the service provider
• "Platform" refers to our web application, APIs, and related infrastructure
• "Content" refers to messages, media, templates, and data you transmit through our service

2. Service Description

BharatReach provides:

• WhatsApp Business API: Send and receive messages via WhatsApp Business Platform
• RCS Messaging: Rich Communication Services through Indian telecom operators
• Contact Management: Store, organize, and segment customer contacts
• Template Management: Create, submit, and manage message templates
• Analytics: Message delivery reports and performance metrics
• API Access: RESTful APIs for integration with your systems

3. Account Registration and Eligibility

3.1 Eligibility Requirements

• You must be a registered business entity in India
• You must be at least 18 years of age
• You must have valid business documentation (GST, Business Registration)
• You must comply with TRAI regulations for commercial communications

3.2 Account Verification

• We reserve the right to verify your business credentials
• You must provide accurate and complete information
• You must maintain updated business documentation
• False information may result in account suspension or termination

3.3 Account Security

• You are responsible for maintaining account credentials confidentially
• You must notify us immediately of any unauthorized access
• You are liable for all activities under your account

4. Acceptable Use Policy

4.1 Permitted Uses

• Customer service and support communications
• Transaction notifications and updates
• Appointment reminders and confirmations
• Order status and delivery updates
• Account alerts and security notifications
• Marketing messages with proper consent

4.2 Prohibited Activities

You must NOT use our service to send:

• Illegal Content: Content violating Indian laws or regulations
• Spam: Unsolicited bulk messages or promotional content without consent
• Malicious Content: Viruses, malware, or harmful code
• Prohibited Content: Adult content, gambling, tobacco, weapons, drugs
• Harassment: Threatening, abusive, or harassing messages
• Fraud: Phishing, scams, or fraudulent schemes
• Hate Speech: Content promoting hate, violence, or discrimination
• Misinformation: False or misleading information
• DND Violations: Messages to numbers on Do Not Disturb registry (without exemption)

5. TRAI Compliance Requirements

5.1 Mandatory Requirements

• Register as Principal Entity (PE) with telecom operators (for RCS)
• Obtain content templates approved by TRAI
• Maintain message headers and sender IDs as per TRAI format
• Respect DND (Do Not Disturb) preferences
• Provide opt-out mechanism in all promotional messages
• Maintain audit trail for 2 years

5.2 Your Responsibilities

• Ensure compliance with TRAI Commercial Communications regulations
• Obtain explicit consent before sending promotional messages
• Maintain consent records for regulatory audits
• Honor opt-out requests within 7 days

6. WhatsApp Business Policy Compliance

You must comply with WhatsApp Business Policy and Commerce Policy:

• Opt-in Required: Users must opt-in to receive messages
• 24-Hour Window: User-initiated conversations allow free responses within 24 hours
• Template Messages: Use approved templates for messages outside 24-hour window
• Quality Ratings: Maintain high-quality rating to avoid restrictions
• Response Times: Respond to customer messages promptly
• Content Restrictions: Follow WhatsApp's content guidelines

7. Pricing and Payment Terms

7.1 Pricing Structure

• Pricing based on message volumes and categories (user-initiated, business-initiated)
• Separate pricing for WhatsApp and RCS messages
• Platform fees may apply for API usage
• Current pricing available on our website

7.2 Payment Terms

• Prepaid Model: Load wallet balance before sending messages
• Minimum Recharge: As specified on pricing page
• Payment Methods: UPI, Credit/Debit Cards, Net Banking via PhonePe
• GST: 18% GST applicable on all services
• Non-Refundable: Wallet recharges are non-refundable except in case of service failure

7.3 Invoicing

• Invoices generated automatically for all transactions
• Download from dashboard or receive via email
• GST-compliant invoices with GSTIN details

8. Service Level Agreement (SLA)

8.1 Uptime Guarantee

• Platform Uptime: 99.5% monthly uptime (excluding scheduled maintenance)
• API Availability: 99.9% availability for API endpoints
• Scheduled Maintenance: Notified 72 hours in advance

8.2 Message Delivery

• We provide best-effort delivery through Meta and telecom operators
• Delivery depends on recipient availability and network conditions
• Delivery reports available through dashboard and webhooks
• Failed messages may be refunded based on failure reason

8.3 Support

• Email Support: [email protected] (24-48 hour response)
• Documentation: Available 24/7 on our website
• Technical Issues: Escalated within 4 business hours

9. Data Ownership and License

9.1 Your Data

• You retain ownership of all content you upload or transmit
• You are responsible for obtaining necessary rights and consents
• You grant us license to process and transmit your content to provide services

9.2 Our Rights

• We own all intellectual property rights in the Platform
• You receive a limited, non-exclusive license to use our service
• You may not reverse engineer, copy, or resell our platform

10. Liability and Indemnification

10.1 Limitation of Liability

• We are not liable for indirect, incidental, or consequential damages
• Maximum liability limited to fees paid in preceding 3 months
• We are not responsible for third-party platform failures (Meta, telecom operators)

10.2 Your Indemnification

You agree to indemnify BharatReach against claims arising from:

• Your violation of these Terms
• Your violation of TRAI regulations or WhatsApp policies
• Content you transmit through our platform
• Third-party claims related to your use of services

11. Account Suspension and Termination

11.1 Our Rights to Suspend/Terminate

We may suspend or terminate your account immediately if:

• You violate these Terms or Acceptable Use Policy
• You engage in fraudulent or illegal activities
• Your WhatsApp Business account is banned by Meta
• You fail to comply with TRAI regulations
• You have outstanding payment obligations
• Required by law enforcement or regulatory authorities

11.2 Your Rights to Terminate

• You may close your account anytime from dashboard
• Remaining wallet balance may be refunded (minus processing fees)
• Data will be deleted as per our Privacy Policy

12. Confidentiality

• Both parties agree to keep confidential information private
• Confidential information includes business strategies, customer data, technical details
• Obligation continues for 2 years after termination

13. Force Majeure

We are not liable for delays or failures due to circumstances beyond our control, including:

• Natural disasters, pandemics, acts of God
• Government actions, regulatory changes
• Telecom operator failures or network issues
• Meta/WhatsApp platform outages or policy changes
• Cyber attacks, infrastructure failures

14. Modifications to Terms

• We may modify these Terms with 30 days notice
• Continued use after modifications constitutes acceptance
• Material changes notified via email and dashboard notification

15. Dispute Resolution

15.1 Negotiation

Disputes should first be resolved through good faith negotiation

15.2 Arbitration

• Unresolved disputes subject to arbitration under Indian Arbitration Act
• Arbitration venue: Jaipur, India
• Single arbitrator appointed mutually
• Language: English

15.3 Jurisdiction

Subject to exclusive jurisdiction of courts in Jaipur, India

16. Governing Law

These Terms are governed by the laws of India, including:

• Information Technology Act, 2000
• Indian Contract Act, 1872
• Consumer Protection Act, 2019
• TRAI Regulations

17. Miscellaneous

17.1 Entire Agreement

These Terms constitute the entire agreement between parties

17.2 Severability

If any provision is invalid, remaining provisions remain in effect

17.3 Waiver

Failure to enforce any right does not constitute a waiver

17.4 Assignment

You may not assign these Terms without our written consent

18. Contact Information