Terms of Service

These Terms govern your use of Messagely, provided by Pravion Technologies, Sarvad, Maliya-Miyana, Gujarat 363660, India (“we”, “us”). By creating an account or using Messagely you agree to these Terms. If you accept on behalf of a business, you confirm you have authority to bind it.

1. The service

Messagely is software that lets businesses use the WhatsApp Business Platform to send template messages, manage conversations and view reports. WhatsApp is a trademark of Meta Platforms, Inc. Messagely is independent and is not affiliated with or endorsed by WhatsApp or Meta.

2. Your account

• You must provide accurate information and keep your login details secure. You are responsible for activity under your account.
• You must be at least 18 and able to enter a binding contract under Indian law.
• You connect your own WhatsApp Business Account. You remain responsible for it and for complying with Meta’s terms.

3. Meta’s terms and policies

Your use of WhatsApp through Messagely is also subject to the WhatsApp Business Terms of Service, WhatsApp Business Messaging Policy, WhatsApp Commerce Policy and any other Meta terms that apply. Meta may approve, reject, limit or suspend templates, phone numbers and accounts. We are not responsible for Meta’s decisions, changes to its platform, or outages on its side.

4. Your responsibilities: consent and content

• Send marketing and promotional messages only to people who have given clear opt-in consent to receive them on WhatsApp, and keep a record of that consent.
• Honour opt-out requests promptly and do not message people who have opted out.
• Do not send spam, unlawful, deceptive, harassing, adult or otherwise prohibited content, or content that infringes others’ rights.
• Comply with applicable law, including the DPDP Act 2023, the Information Technology Act 2000 and telecom and consumer protection rules.
• For the personal data of your contacts that you load into Messagely, you are the Data Fiduciary and we are your Data Processor, as described in our Privacy Policy.

5. Acceptable use

You must not misuse Messagely, including by attempting to break its security, reverse engineer it, resell it without our written permission, overload it, or use it to send unsolicited bulk messages. We may suspend or terminate accounts that breach these Terms or Meta’s policies, with notice where practical.

6. Fees and payment

• Fees for Messagely are set out in your order or quote. Taxes, including GST, are added where applicable.
• Meta’s conversation and message charges are billed separately according to Meta’s pricing. We do not add a markup to them unless your order says so.
• Subscriptions renew each period until cancelled. We may change prices with at least 30 days’ notice before your next renewal.
• Refunds are governed by our Refund Policy.

7. Your data

You own your data. You give us permission to process it only to provide Messagely and as set out in our Privacy Policy. You can export or delete your data, or request deletion under our Data Deletion process.

8. Intellectual property

We own Messagely, including its software, design and branding. We give you a limited, non-exclusive, non-transferable right to use it during your subscription. Third-party marks, including WhatsApp, belong to their owners.

9. Availability and support

We work to keep Messagely available but do not promise uninterrupted service. Messages depend on Meta’s platform and mobile networks. Support is available by email and phone during Indian business hours.

10. Disclaimers and liability

Messagely is provided “as is” to the extent the law allows. We are not liable for indirect or consequential losses, lost profits, or losses caused by Meta’s actions, your content, or your breach of these Terms. Our total liability for any claim is limited to the fees you paid us in the 3 months before the claim arose. Nothing here limits liability that cannot be limited by law.

11. Indemnity

You will compensate us for losses arising from third-party claims caused by your content, your messaging without valid consent, or your breach of these Terms or applicable law.

12. Termination

You may cancel at any time from your account or by writing to us. We may suspend or end your access for breach, non-payment or legal reasons. On termination we handle your data as set out in the Privacy Policy.

13. Governing law and disputes

These Terms are governed by the laws of India. Courts at Morbi, Gujarat have exclusive jurisdiction, subject to any rights you have under consumer protection law. We encourage you to contact us first to resolve any dispute.

14. Changes

We may update these Terms. We will give notice of material changes. Continued use after the effective date means you accept them.

15. Contact

Pravion Technologies, Sarvad, Maliya-Miyana, Gujarat 363660, India. Email: [email protected]. Phone: +91 76238 68808. UDYAM-GJ-32-0065811.