1. Acceptance of Terms

Welcome to AlphaWA1, a WhatsApp Business API messaging platform operated by Alpha Computers, Rajkot. By accessing or using our service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our service.

2. Service Description

AlphaWA1 provides WhatsApp Business API integration services that enable businesses to:

• Send and receive WhatsApp messages to customers
• Manage customer conversations and contacts
• Create and send broadcast campaigns
• Use WhatsApp message templates
• Automate responses through chatbots
• Access analytics and reporting features

3. Eligibility

To use our service, you must:

• Be at least 18 years of age
• Represent a legitimate business entity
• Have the authority to bind your business to these Terms
• Comply with all applicable laws and regulations
• Have a valid WhatsApp Business Account

4. Account Registration and Security

4.1 Account Creation

You must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Security

You agree to:

• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account
• Not share your account with others

5. Acceptable Use Policy

• Send spam, unsolicited messages, or bulk messages without consent
• Violate any laws, regulations, or third-party rights
• Send malicious content, viruses, or harmful code
• Impersonate others or misrepresent your identity
• Harass, threaten, or abuse other users
• Distribute illegal, offensive, or inappropriate content
• Interfere with or disrupt our services
• Violate Meta's (Facebook/WhatsApp) Terms of Service or Commerce Policy
• Collect or harvest user data without permission

6. WhatsApp Business Policy Compliance

You must comply with:

• WhatsApp Business Policy
• WhatsApp Commerce Policy
• Meta Platform Terms
• All applicable messaging and data protection regulations

Violation of these policies may result in immediate suspension or termination of your account.

7. Message Limits and Quality Rating

7.1 Messaging Limits

Your account is subject to WhatsApp's messaging limits based on your phone number's quality rating. We reserve the right to impose additional limits to ensure service quality.

7.2 Quality Rating

You are responsible for maintaining a good quality rating. Poor ratings due to customer blocks, reports, or low engagement may result in reduced messaging limits or account restrictions.

8. Pricing and Payment

8.1 Fees

Service fees are based on your selected pricing plan. Current pricing is available at wb.alphasms.in. We reserve the right to change pricing with 30 days' notice.

8.2 Payment Terms

• Payments are due as per your subscription plan
• All fees are non-refundable unless otherwise stated
• Failure to pay may result in service suspension
• You are responsible for all applicable taxes

8.3 WhatsApp Conversation Charges

WhatsApp Business API charges apply based on conversation categories (business-initiated, user-initiated). These charges are separate from our service fees and are billed by Meta/WhatsApp.

9. Data Privacy and Protection

9.1 Your Data

You retain ownership of all customer data, message content, and contact information. We process this data solely to provide our services.

9.2 Our Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy.

9.3 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and you use our service at your own risk.

9.4 GDPR and Data Protection

If you process data of EU residents, you must comply with GDPR and other applicable data protection laws. You are the data controller, and we act as a data processor.

10. Intellectual Property

10.1 Our Rights

All rights, title, and interest in our platform, including software, designs, trademarks, and content, belong to us or our licensors.

10.2 Your Content

You grant us a limited license to use, store, and transmit your content solely to provide our services.

11. Service Availability and Modifications

11.1 Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

11.2 Modifications

We may modify, suspend, or discontinue any aspect of our service at any time. We will provide reasonable notice for material changes.

12. Termination

12.1 By You

You may terminate your account at any time through your account settings or by contacting support.

12.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Violate WhatsApp's policies
• Fail to pay required fees
• Engage in fraudulent or illegal activities
• Harm our reputation or other users

12.3 Effect of Termination

Upon termination, you must cease using our service. You may request a data export within 30 days. We reserve the right to delete your data after this period.

13. Disclaimers and Limitations of Liability

13.1 Service Provided "AS IS"

Our service is provided "as is" and "as available" without warranties of any kind, either express or implied.

13.2 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Service interruptions or data loss
• Third-party actions (including WhatsApp/Meta)

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of our service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your content or messages sent through our platform

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by the laws of India, without regard to conflict of law provisions.

15.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts in Rajkot, Gujarat, India.

15.3 Arbitration

You agree to first attempt to resolve any disputes through good-faith negotiations. If unsuccessful, disputes may be resolved through binding arbitration in accordance with Indian Arbitration laws.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the service.

16.2 Severability

If any provision is found invalid, the remaining provisions shall remain in effect.

16.3 No Waiver

Our failure to enforce any right or provision shall not constitute a waiver.

16.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations at any time.

16.5 Changes to Terms

We may update these Terms from time to time. Continued use of our service after changes constitutes acceptance of the new Terms.