Terms of Service

1. Agreement

These terms form a binding agreement between Creware Technologies Private Limited ("Creware", "we", "us") and the business that subscribes to our services ("Client", "you"). By signing an order form, or by accessing or using Creware CallDesk, you accept these terms on behalf of your business and confirm you are authorised to do so.

Where a signed agreement between us covers the same subject matter, that agreement takes precedence over these terms to the extent of any conflict.

2. Definitions

• "Platform" means Creware CallDesk, the web application and APIs we make available to you.
• "Services" means the Platform together with the setup, configuration, template management and operational support we provide.
• "End Customer" means a person who communicates with you by WhatsApp, voice call or SMS through the Platform.
• "WABA" means a WhatsApp Business Account on the WhatsApp Business Platform operated by Meta.
• "Client Data" means all data you or your Authorised Users submit to the Platform, and all End Customer data processed through it.
• "Authorised User" means an individual you permit to access the Platform under your account.

3. What we provide

• Access to the Platform for your Authorised Users, including a shared WhatsApp inbox, template management, campaigns, automation, calling and lead records.
• Assistance with creating or connecting your Meta Business Portfolio and WABA, and configuring your phone numbers and webhooks.
• Drafting and submission of WhatsApp message templates for Meta approval on your behalf, and monitoring of their status.
• Ongoing operational support, including monitoring of delivery quality, messaging limits and template health.

4. Ownership of your accounts and data

• You own your WABA, your business phone numbers and your Client Data. Nothing in these terms transfers ownership to us.
• You grant us a limited, revocable right to access and process your WABA and Client Data solely to provide the Services. You may withdraw that access at any time through your Meta Business Settings, which will end our ability to provide the WhatsApp Services.
• We own the Platform, its software, and any improvements to it. Feedback you give us may be used to improve the Services without obligation to you.

5. Your responsibilities

These obligations reflect requirements imposed by Meta on the WhatsApp Business Platform. Breaching them puts your WABA and our provider status at risk, so we enforce them strictly.

• Opt-in. You must obtain each End Customer's prior permission to be contacted on WhatsApp before any message is sent, keep a record of when and how that permission was given, and be able to produce it on request.
• Opt-out. You must honour stop, unsubscribe and opt-out requests promptly, and must not message a person who has opted out.
• Policy compliance. You must comply with the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, Meta's Business Terms, and all applicable law including telecommunications, consumer protection, anti-spam and data protection law.
• Accurate information. Business information you give to us or to Meta, including your display name, business description and website, must be accurate and not misleading.
• Lawful content. You must not send unlawful, deceptive, harassing, hateful or infringing content, and must not use the Services for prohibited goods or services under the WhatsApp Commerce Policy.
• Account security. You are responsible for your Authorised Users' actions, for keeping credentials confidential, and for removing access when a user leaves.
• Data you supply. You must have the legal right to upload the contact lists and Client Data you submit, and to have us process them.

5.2 Consent and lawful basis

Before any Contact is called or messaged, you will obtain and keep records of all consents, lawful bases and opt-ins required by applicable law. The Platform will not place that call or send that message until the record is saved on the contact.

• United States. Where US law requires it, you will obtain prior express written consent before a call that uses an artificial or AI-generated voice. The US Federal Communications Commission has confirmed that AI-generated voices are "artificial" voices under the Telephone Consumer Protection Act.
• United Kingdom. You will obtain prior consent under the Privacy and Electronic Communications Regulations 2003 (PECR) before an automated marketing call. Before a live marketing call you will screen the number against the Telephone Preference Service (TPS) and the Corporate TPS, and you will not call a number that is registered.
• WhatsApp. You will obtain an opt-in that meets Meta's WhatsApp Business policies before a business-initiated WhatsApp message.
• Other law. You will obtain and record any other consent required by Schedule 3 of your agreement, or by any other applicable law, before the contact is called or messaged.

6. Prohibited use

• Sending unsolicited bulk messages, or messaging numbers obtained from purchased, scraped or rented lists.
• Impersonating another person or business, or misrepresenting your identity or affiliation.
• Attempting to gain unauthorised access to the Platform, other clients' data, or our infrastructure.
• Reverse engineering, copying or reselling the Platform except as expressly permitted.
• Interfering with the operation of the Platform, including through automated load that we have not agreed to.
• Using the Services to send malware, phishing content or fraudulent solicitations.

7. Meta's terms and dependencies

The WhatsApp Services depend on the WhatsApp Business Platform, which Meta operates and controls. By using them you also agree to Meta's applicable terms and policies.

• Meta may change, restrict, suspend or terminate access to the WhatsApp Business Platform, alter its pricing, or change its policies, at its discretion and without notice to us.
• Meta may suspend or limit your WABA, reduce your messaging limits, or reject templates based on its own quality and policy assessments.
• We are not responsible for Meta's decisions, outages or pricing changes, and we cannot guarantee template approval, message delivery or a particular messaging limit.
• Voice and SMS services similarly depend on our telecommunications providers and are subject to their availability.

8. Fees and payment

• Fees for the Services are set out in your order form or written quotation. Unless stated otherwise, fees are exclusive of taxes, which you are responsible for paying.
• WhatsApp conversation and template message charges, and voice and SMS charges, are set by Meta and by our telecommunications providers. We pass these through to you, and they change when the provider changes them.
• Invoices are payable within the period stated on the invoice. We may suspend the Services if an undisputed invoice remains unpaid after we have given you notice.
• Usage figures recorded by the Platform and by our providers are the basis for billing. Raise any billing query with us within 30 days of the invoice date.

9. Service availability and support

We aim to keep the Platform available continuously, but we do not warrant uninterrupted or error-free operation. We may carry out planned maintenance, and will give reasonable notice where it is likely to be disruptive. Support is provided during Indian business hours unless your order form says otherwise.

10. Suspension and termination

• You may terminate for convenience by giving us written notice as set out in your order form.
• We may suspend or terminate the Services immediately where you materially breach these terms, where we are required to do so by Meta or by law, where your use threatens the security or integrity of the Platform, or where we have reasonable grounds to believe messaging is being sent without valid opt-in.
• Where practical we will warn you before suspending, and will restore the Services once the issue is resolved.
• On termination your access ends, and we will delete Client Data in line with our Privacy Policy and data deletion process. You may request an export of your data before termination takes effect.
• Accrued fees, and the sections on confidentiality, liability, indemnity and governing law, survive termination.

11. Confidentiality

Each of us may receive non-public information from the other. The receiving party will use it only to perform under these terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisers who need it and are bound by equivalent obligations. This does not apply to information that is public, independently developed, or required to be disclosed by law.

12. Data protection

Our handling of personal data is described in our Privacy Policy at https://creware.tech/privacy, which forms part of these terms. In respect of End Customer data you are the controller and we are the processor: we process it on your documented instructions, and we will assist you in responding to requests from individuals and to regulators.

13. Warranties and disclaimer

We warrant that we will provide the Services with reasonable skill and care. Except as expressly stated, the Services are provided on an "as is" and "as available" basis and we disclaim all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.

We do not warrant any particular commercial result, message delivery rate, template approval outcome or messaging limit.

14. Limitation of liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded.

Subject to that, neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill or anticipated savings, and our total aggregate liability arising out of or in connection with these terms is limited to the fees you paid us in the twelve months immediately before the event giving rise to the claim.

15. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your breach of section 5 or section 6, from messages sent without valid End Customer opt-in, from the content of messages you send, and from your infringement of a third party's rights through your use of the Services.

16. Changes to these terms

We may update these terms as the Services or the law change. The revision date is shown at the top of this page. We will give notice of material changes to the email address on your account, and continued use after the change takes effect constitutes acceptance.

17. General

• Neither party may assign these terms without the other's consent, except to an affiliate or in connection with a merger or sale of substantially all assets.
• We are independent contractors. Nothing here creates a partnership, agency or employment relationship.
• If a provision is found unenforceable, the rest remains in force.
• Failure to enforce a provision is not a waiver of it.
• Neither party is liable for failure to perform caused by events beyond its reasonable control.

18. Governing law and contact

These terms are governed by the laws of India, and the courts at Bengaluru, Karnataka have exclusive jurisdiction over any dispute arising from them.

Questions about these terms can be sent to archit@creware.tech or +91 78294-13575, or by post to Creware Technologies Private Limited, Flat No. O-508, Ittina Mahaveer Neeladri Vihar, Electronic City, Bengaluru, Karnataka 560100, India.