Terms of Service

TELEWISE (hereinafter referred to as "Platform"/ "Mobile Application") is a website and mobile based client communication integration platform owned and operated by TELEWISE SOFTWARE SERVICES PRIVATE LIMITED having office at 837, 269/2 T.H Road, Old washermenpet, CHENNAI, TAMIL NADU 600021 (hereinafter referred to as "Telewise"/ "We"/ "Us"/ "Our").

This document is a legally binding document between registered or unregistered user of the Platform (hereinafter referred to as "You"/ "Your"/ "User") and Us in relation to the use of the Platform and set forth the terms and conditions by which You may access and use the Platform and Our related websites, services, applications, products and content (collectively, the "Services").

The terms of this document will be effective upon Your acceptance of the same (directly or indirectly in electronic form, by clicking on the "I Agree" tab or by use of the Platform and/or by creating a registered account on the Platform (hereinafter referred to as "Account") and will govern the relationship between You and Us for Your use of the Platform and the Services rendered therein.

This document is an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is not published in accordance with the provisions of General Data Protection Regulation 2016/679 ("GDPR"). Thereby, if You are a resident of European Union ("EU"), You acknowledge that We do not extend Our services to EU territories. Further, We do not represent and warrant to You that We are a GDPR compliant.

Please read this document carefully. By using the Platform and Our Services, You indicate that You understand, agree and consent to this document. If You do not agree with the terms of this document, please do not use this Platform. You hereby provide Your unconditional consent or agreements to Us as provided under Section 43A and Section 72A of the Information Technology Act, 2000 to access and use Your personal information that You have voluntarily provided to Us in connection with the use of the Platform and the Services.

By providing Us Your information or by making use of the Platform and the Services provided therein, You hereby consent to the collection, storage, processing, and transfer of any or all Personal Information (Defined in Our Privacy Policies) and Non-Personal Information by Us as specified under this document and further agree that such collection, use, storage, and transfer of information shall not cause any loss or wrongful gain to You or any other person.

This Terms of Use as well as the Services provided by Us are intended for organisations, entities, companies and, in general, for legal persons only. Any individuals qualifiable as consumers i.e., any natural person acting outside the scope of an economic activity and for purposes different from trade, business, craft, or profession is excluded.

You must be at least eighteen (18) years or older to access and use this Platform. A minor (i.e., below the age of 18 years) shall not be entitled to avail the Services of this Platform. Your entity or organization on behalf of which You are accessing the Platform and availing the Services should have been incorporated as per the applicable laws.

If You are using the Services as an employee, agent, or contractor of a corporation, partnership or similar entity, then You represent and warrant that You have the authority to sign for and bind such entity in order to accept this Terms of Use.

Your access to the Platform and use of Our Services is also subject to Our Privacy Policy (before signing up) and Privacy Policy (after/during signing up), the terms of those privacy policies can be found directly on the Platform and are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other communications We provide to You electronically satisfy any legal requirement that such communications be in writing.

Before You use or subscribe to, and/or begin participating in or using the Platform, it is represented and warranted that You as the User of the Platform has or have fully read, understood, and accept the Terms of Use as updated from time to time without any notice to You. You are advised to review this Terms of Use periodically for any updates. We shall take reasonable efforts to notify You regarding the amendments to the Terms of Use through a notice on the Platform. Your continued access to the Platform and/or use of the Services from the date of updated Terms of Use shall be deemed to Your acceptance of the updated Terms of Use. If the You do not agree to or wish to be bound by the updated Terms of Use, You may not access to or otherwise access the Platform or use the Services.

We may, from to time, release new versions of the Platform, or release/introduce new and additional scope of Services which will be subject to these Terms of Use, and any additional terms of Service as may apply to such additional new version or Services.

The Platform enables the Users who have subscribed to Our subscription plan to access and use of a secure and accessible virtual, cloud-based software which enables the integration of all client communications in one platform with the aid of WhatsApp Business API ["Telewise Services"]. You agree and acknowledge that the Platform requires the services of WhatsApp Business API for the delivery of Telewise Services to the Users. Therefore, any modifications to the WhatsApp Business API may affect and even prevent Us from rendering Telewise Services. The Platform has no influence over either the delivery of services by WhatsApp Business API or their technical configuration.

Telewise Services are exclusively designated for only business use or for internal business purpose in the entity or organisation that the Users represent and not for any personal or household purposes. The Telewise Services must be used only in accordance with their intended purposes and aim. Further the Users are responsible for obtaining access to the internet and the equipment necessary to use the Telewise Services.

Telewise Services include but not limited to:

• Chatbot: By installing the Telewise WhatsApp Chatbot, You can create Your or Your entity/organisation's digital assistant. Thus, You can provide automatic replies to Your customer queries.
• Multiple Agents: If Your subscription plan provides the facility of WhatsApp workspace, You are entitled to add multiple agents as per your subscription plan (i.e., Your employees, contractors, and others) to the WhatsApp workspace who will be able to access.
• Private Notes: The authorised employees can add private notes in a conversation and against the contacts. The private notes shall restrict or open information to Your employees within the entity or organization.
• Sharing Contents: You can create text messages, images, videos, location, contact, audio and others ("Your Content") and share it with Your clients, and others.
• WhatsApp Message Templates: You can create Your own customized WhatsApp Message Templates (as defined in WhatsApp documentation), subject to approval from WhatsApp. Further, You acknowledge the applicable pricing for such WhatsApp Message Templates and are responsible for required marked-up payments to be done to Telewise in relation to usage of WhatsApp Message Templates. For the purpose of clarity, WhatsApp Template Messages mean specific message formats reviewed and approved by WhatsApp that businesses use to send messages to its customers. Effective from 1st February 2022, WhatsApp has shifted to the conversation based pricing, which can be found here https://docs.telewise.co.in/pricing-and-billing-modules/conversation-pricing

In case You are desirous availing the Telewise Services, You are required to sign up with Telewise Services by following the below given steps:

1. You shall reach Us through the Platform's website (https://telewise.co.in) ("Website") and provide Us Your work email and active mobile number for free trial. After providing Your work email and active mobile number, the Website shall redirect You to our Sandbox account asking You to link your WhatsApp number with our shared Sandbox number to use the features of Telewise Services for Your business. Further, certain information in relation to You and Your business, including but not limited to name of Your entity or organization/Yourself; registered address of Your entity/Yourself; purpose of the entity; website of Your entity, business category, your contact number and etc. shall be sought by Us.
2. You shall apply for WhatsApp Business API powered by a specific Business Service Provider directly from Telewise portal. You shall opt for assisted onboarding from Telewise onboarding team. Our team will provide necessary assistance/demos for onboarding your business in Telewise.
3. After such demo(s) of Telewise Services and if You wish to sign up for Telewise Services, a Telewise Onboarding Guide in the form of a Google Form ("Guide") shall be sent to your work email seeking information regarding your organisation/business including but not limited to business incorporation document, utility bills, social media credentials, WhatsApp number to be integrated in order to use the Platform, etc ("Registration Data")
4. You shall share the duly filled in Guide with Us and shall also agree to this Terms of Use and the relevant terms and conditions of WhatsApp Business. We shall share the Guide to WhatsApp for its review and approval. Once the Guide is scrutinized and verified by WhatsApp, the phone number given by You shall be approved by WhatsApp to use the WhatsApp Business API services. Upon such approval, a one-time password ("OTP") and a sign up link shall be sent by Us to Your WhatsApp number given in the Guide.
5. Further, by using the sign-up link, You shall create an Account as specified in clause 4 below to avail Telewise Services.

The sign-up link as mentioned above shall redirect You to the Website and further to use the Telewise Services on the Platform, You will need to create an Account on the Platform and become a registered Account holder of the Platform by registering in the manner prompted on the Platform with such other information that may be sought from You whereby You will receive a password and username (Login Credentials) upon completing the registration process.

You will be asked to provide certain information regarding your organisation. As the creator of the Account, You represent and warrant that You are a duly authorized representative and signatory of the entity named in the Account and that the information provided is correct, complete, and not misleading. The entity named in the Account accepts this Terms of Use hereby. This Terms of Use shall be effective on the date at which time the account is created and verified. You shall inform us promptly of any changes to the information provided by You, by updating the details, for effective communication. You acknowledge that if any Registration Data provided by You is untrue, inaccurate, not current, or incomplete, We reserve the right to indefinitely suspend or terminate or block access of Your Account on the Platform.

While creating the Account, You agree:

• to restrict access by any other person or entity other than the authorised representatives from Your organisation to Your password or other login information,
• to not knowingly use the name or email of any other person without authorization,
• to not use an email or profile name that is profane, offensive, or otherwise inappropriate,
• to not allow any third party to use Your login information, Registration Data or Account,
• to notify Us of any activities in your Account even if such activities are not committed by You.

The User to avail the Telewise Services shall choose an appropriate plan from the subscription plans as set forth on the Platform's pricing page (https://telewise.co.in/pricing) and shall agree to pay the applicable fee as mentioned in the chosen subscription plan ("Subscription Fee"). The Subscription Fee shall be paid by You on monthly/quarterly/half-yearly/annual basis, within seven (7) days from the invoice date. Your subscription to the Telewise Services will renew automatically unless the account is terminated, or You give a written notice of non-renewal at least thirty (30) days prior to the expiration of the relevant subscription term.

You shall also acknowledge that the subscription plan which You choose may be updated from time to time and, it shall be Our responsibility to notify You such changes in subscription plan. Payment obligations are non-cancelable, regardless of utilization by You and except as expressly permitted in this Terms of Use, Subscription Fee paid are non-refundable.

We allow authorisation of payment on Our Platform through the following payment services:

• RazorPay
• Stripe

We accept following payment methods through the above-mentioned payment services:

• Credit Cards: Domestic and International Visa, MasterCard, and American Express credit cards.
• Debit Cards
• Net banking
• UPI

The User agrees and acknowledges that Telewise has partnered with WhatsApp Business Service Providers to provide the Services through the Platform. The User understands and agrees that the Platform is integrated with WhatsApp API and that We may share certain Registration Data with WhatsApp. We disclaim any liability caused by the use of WhatsApp API by You through the Platform. Further, You shall agree to adhere to the following terms and conditions set by WhatsApp for the usage of WhatsApp Business:

• https://www.whatsapp.com/legal/business-policy
• https://www.whatsapp.com/business/api/
• https://www.whatsapp.com/legal/commerce-policy/
• https://developers.facebook.com/docs/whatsapp/api/rate-limits

You understand and agree that WhatsApp may update its policies including but limited to WhatsApp Business Policy without notice; by continuing to use the WhatsApp Business Products through our Platform after such change, You consent to such changes.

You shall not use the Platform or the Services therein to host, display, upload, modify, publish, transmit, store, update or share any information that:

• belongs to another person and to which You do not have any right.
• is defamatory, obscene, pornographic, pedophilic, invasive of any third-party's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libelous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
• is harmful to child.
• infringes any patent, trademark, copyright, or other proprietary rights.
• violates any law for the time being in force.
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
• impersonates another person.
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
• contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource.
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

Our obligation for the use of Personal Data will be restricted within the scope of the purpose of collecting such Personal Data.

Personal Data. Subject to this Terms of Use, to the extent that We receive Your Registration Data as a result of rendering Telewise Services, We agree that it will:

• not disclose or use any of Your Registration Data except to the extent necessary to carry out Our obligations hereinunder and for no other purpose,
• not disclose Your Personal Data to any third party, including Our third party service providers without the Your prior written consent and subject to the further requirements of this clause
• employ administrative, technical and physical safeguards to prevent unauthorized use or disclosure of Your Personal Data,
• promptly provide such information regarding its privacy and information security systems, policies and procedures as You may request relating to its due diligence and oversight obligations under applicable laws and regulations,
• in the event of any actual or apparent theft, unauthorized use or disclosure of any of Your Registration Data immediately commence all reasonable efforts to investigate and correct the causes and remediate the results thereof, and
• as soon as practicable following discovery of any event described in sub-clause hereof, provide You a notice thereof, and such further information and assistance as may be reasonably requested.

The copyright, database right and other intellectual property rights in the Platform, products and Services including without limitation all content included on the Platform including but not limited to Onboarding Guide, Registration Data, texts, graphics, logos, button icons, images, audios, clips, digital downloads, software, data compilations and technology used or appearing or transmitted through it ("Intellectual Property"), belongs to Us or Our affiliates or licensors and are protected by the laws of India and/or foreign countries. We and Our licensors reserve all rights not expressly granted in these Terms of Use.

All software used on the Platform is Our Intellectual Property and is protected by Indian and international copyright laws.

Subject to this Terms of Use and solely within the limits permitted by the Us herein, We grant You a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Platform, the Services provided in the Platform. This license does not include any redistribution of resale or commercial use of the Platform.

YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE EXTENT NOT OTHERWISE SET IN THIS TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY SERVICES PROVIDED THROUGH THE PLATFORM OR THIRD PARTY SERVICES LINKED TO THE PLATFORM AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF SERVICE.

UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL, ANY LOSS OF OPPORTUNITY, ANY LOSS OF DATA SUFFERED BY YOU.

You hereby indemnify, defend, and hold Us, Our affiliates, licensors, distributors, agents, representatives and other authorized users/patients/practitioners, harmless from and against any and all losses, damages, liabilities and costs arising from or in connection with:

• use or access of the Platform;
• the Your breach of any terms, obligations, representations and warranties under this Terms of Use;
• any claim that the provision or use of the Services infringes any third party rights; and
• breach of applicable laws.

Nothing in these Terms of Use shall exclude or limit Our liability for any liability which cannot be excluded or limited under applicable laws in force in India. Your statutory rights as a User are not affected by this Terms of Use.

All notices shall be given to Us via email, or to You at either the email or postal address You provide.

This Terms of Use, together with Our Privacy Policies incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter.

These Terms of Use and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws prevalent in India. You agree that the courts of Chennai, Tamil Nadu shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, these Terms of Use.