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Terms & Conditions

Engees Communications Private Limited

Effective Date: 27-05-2022   |   Last Updated: September 2026

SECTION 1 – OVERVIEW

This website, mobile application, and API platform (collectively, the “Service”) are operated by Engees Communications Private Limited (“11za”, “we”, “us”, “our”). These Terms & Conditions (“Terms”) govern access to and use of the Service by any business, organisation, or individual (“Customer”, “you”) that registers for an account, including use of the WhatsApp Business API messaging, CRM, and automation features made available through the Service.

By creating an account, accessing, or using any part of the Service, you agree to be bound by these Terms, our Privacy Policy, and our Data Import Consent & Responsibility Declaration referenced in Section 11. If you do not agree, you may not access or use the Service.

SECTION 2 – ELIGIBILITY AND ACCOUNT REGISTRATION

You must be at least the age of majority in your jurisdiction and have authority to bind the business on whose behalf you register. You agree to provide accurate, current, and complete registration and billing information, and to keep it updated.

SECTION 3 – DESCRIPTION OF SERVICE

11za provides a WhatsApp Business API platform enabling businesses to manage customer communication, automation, broadcasts, and related CRM features. Features, pricing, and service tiers are as described on our Pricing page and may be updated from time to time.

The Service relies on WhatsApp’s Business Platform, operated by Meta Platforms, Inc. Your use of WhatsApp messaging features is additionally governed by, and you agree to comply with, the WhatsApp Business Messaging Policy and the WhatsApp Business Terms of Service (see Section 4), as amended from time to time. We may suspend or restrict messaging features to remain compliant with Meta’s policies.

SECTION 4 – META AND WHATSAPP POLICIES (REFERENCE LINKS)

The Service operates on the WhatsApp Business Platform, provided by Meta Platforms, Inc. Your use of the Service is additionally subject to the following Meta/WhatsApp policies, as amended by Meta from time to time. You are responsible for reviewing and complying with the current version of each:

These policies are set and updated solely by Meta, not by 11za. 11za is not responsible for changes Meta makes to these policies, but will make reasonable efforts to notify customers of changes that materially affect use of the Service. It remains your responsibility to independently review the current versions periodically, particularly before any major Meta policy update takes effect.

SECTION 5 – SUBSCRIPTION, BILLING, AND REFUNDS

Subscription fees, billing cycles, and applicable taxes are as set out at the time of purchase. Fees are payable in advance and are non-refundable except as expressly stated in our Refund Policy or as required by law. We reserve the right to change pricing on renewal, with prior notice.

We reserve the right to suspend or terminate access for accounts with overdue payments, following reasonable notice.

SECTION 6 – ACCEPTABLE USE

You agree not to use the Service to:

  • Send unsolicited, spam, or non-consented messages to any recipient
  • Transmit content that is unlawful, defamatory, obscene, or that infringes third-party rights
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to reverse-engineer, decompile, or gain unauthorised access to the Service or its underlying systems
  • Use the Service to build a competing product or service
  • Violate any applicable law, including data protection and telecom regulations

A breach of this Section may result in immediate suspension or termination of your account, in addition to any other remedies available to us.

SECTION 7 – CUSTOMER DATA AND YOUR RESPONSIBILITIES

As between you and 11za, you retain ownership of all data you upload, import, generate, or transmit through the Service (“Customer Data”), including contact lists, message content, and CRM records. Customer Data includes data entered manually and data received automatically through any integration, plugin, API connection, or sync you configure between 11za and a third-party system — including but not limited to Shopify, WooCommerce, Tally TDL, or any custom-built connector or executable, regardless of who developed or maintains it. You are solely responsible for:

  • Ensuring you have a valid legal basis and verifiable consent to collect, upload, sync, and message every contact in your Customer Data, however it reaches the Service
  • Complying with the Digital Personal Data Protection Act, 2023, WhatsApp’s Business Messaging Policy, and all other applicable laws in respect of your Customer Data
  • Responding to data-subject requests (access, correction, erasure, grievance, nomination) raised by your own end-users

Third-party platforms, plugins, or tools you connect to the Service (such as Shopify, WooCommerce, or Tally TDL) remain governed by your own agreement with those providers. Connecting such a tool to 11za does not make that provider a vendor or subprocessor of 11za; 11za’s role in respect of Customer Data received through such a connection is limited to that of your data processor, as set out below.

11za acts as your data processor in respect of Customer Data and processes it only to provide the Service, in accordance with our Privacy Policy and, where executed, a Data Processing Agreement.

SECTION 8 – WHATSAPP OPT-IN CONSENT

It is your sole responsibility to obtain valid opt-in consent from your end-users prior to sending any communication via the Platform, in accordance with WhatsApp’s Business Messaging Policy and applicable law. 11za does not independently verify the source or consent basis of contact lists you upload, but reserves the right to suspend or terminate accounts found in violation of WhatsApp’s policies or this Section.

SECTION 9 – THIRD-PARTY AI INTEGRATION

You may choose to connect a third-party artificial intelligence agent, model, or API (including but not limited to services provided by OpenAI, Anthropic, or similar providers) to your 11za account using your own API key or credentials (“Third-Party AI”). 11za does not select, build, host, or operate any Third-Party AI on your behalf; it acts solely as the technical connection between your Third-Party AI and the WhatsApp Business Platform.

Where you connect a Third-Party AI, you represent, warrant, and agree that:

  • Your Third-Party AI is scoped to your specific business purpose (such as order support, product queries, or customer service) and is not a general-purpose, open-domain conversational assistant, in accordance with WhatsApp’s Business Messaging Policy and Business Solution Terms
  • Your agreement with your Third-Party AI provider does not permit that provider to use conversations, messages, or data flowing through your 11za account to train, develop, or improve any AI model — including anonymised, aggregated, or derived forms of that data — as required under WhatsApp’s Business Solution Terms
  • You will take reasonable steps to inform your end-users that their messages may be processed by an automated or AI-based system
  • You remain solely responsible for the content, accuracy, and conduct of your Third-Party AI’s messages, and for its compliance with applicable law and WhatsApp’s policies

11za does not access, store, or use the content generated by your Third-Party AI for any purpose other than facilitating its connection to WhatsApp through the Service. 11za reserves the right to suspend or disconnect any Third-Party AI integration, without prior notice, where we reasonably believe it violates WhatsApp’s policies, this Section, or applicable law, in order to protect the WhatsApp access of other customers on the Platform. You agree to indemnify and hold 11za harmless from any claim, penalty, or loss of WhatsApp access arising from your use of a Third-Party AI in violation of this Section.

SECTION 10 – VOICE AGENT ADD-ON FEATURE

11za may offer an optional Voice Agent add-on feature, enabling automated or AI-assisted voice calling on your behalf, using calling infrastructure provided by a third-party voice technology vendor engaged directly by 11za (the “Voice Vendor”). This feature is available only where you opt in, and is distinct from Third-Party AI under Section 9 above: 11za selects and contracts the Voice Vendor, and the Voice Vendor is treated as an 11za subprocessor for data protection purposes.

Where you enable the Voice Agent feature, you represent, warrant, and agree that:

  • You are solely responsible for obtaining and maintaining all consents, registrations, and approvals required under applicable Indian telecom regulations, including but not limited to Telecom Regulatory Authority of India (TRAI) requirements relating to consent registries, do-not-disturb compliance, calling number/header registration, and AI voice disclosure requirements, whether such compliance is carried out by you directly or through the Voice Vendor
  • You will ensure that any call made using this feature discloses, at the outset, that the recipient is speaking with an automated or AI system, where required by applicable law or platform policy
  • You remain solely responsible for the content and conduct of calls made using this feature, and for the lawfulness of the underlying contact data used to place them, consistent with Section 7 (Customer Data) and Section 8 (WhatsApp Opt-In Consent) above
  • This responsibility applies equally whether calls are placed over standard telecom infrastructure or via WhatsApp’s calling features

11za acts solely as a technical intermediary connecting your account to the Voice Vendor’s infrastructure. 11za does not verify TRAI-side registration, consent registry status, or telecom regulatory compliance for calls made using this feature, and is not responsible for the same. 11za reserves the right to suspend or disconnect the Voice Agent feature for any account, without prior notice, where we reasonably believe its use violates applicable law, WhatsApp’s policies, or this Section. You agree to indemnify and hold 11za harmless from any claim, penalty, regulatory action, or loss arising from your use of the Voice Agent feature in violation of this Section or applicable telecom or data protection law.

SECTION 11 – DATA IMPORT CONSENT & RESPONSIBILITY DECLARATION

Where you upload or import a contact list or other Customer Data set for bulk messaging, broadcast, or CRM use, you will be required to accept a Data Import Consent & Responsibility Declaration (an electronically signed undertaking) before the import is processed. By accepting this declaration, you confirm and agree that:

  • You are the data controller/fiduciary for the imported data and have obtained all necessary consents from the individuals concerned
  • You take full responsibility and liability for the lawfulness, accuracy, and consent basis of the data you import
  • You will indemnify and hold harmless 11za, its officers, directors, and employees from any claim, penalty, fine, or proceeding (including under the DPDP Act, 2023, TRAI regulations, or WhatsApp’s policies) arising out of or connected with data you have imported without a valid legal basis

11za retains a copy of each accepted declaration, together with the identity and timestamp of the accepting user, as evidence of acceptance.

SECTION 12 – THIRD-PARTY TOOLS AND LINKS

The Service may provide access to or integrate with third-party tools (e.g., payment gateways, cloud infrastructure, WhatsApp/Meta) over which we have no control. Such tools are provided “as is” and your use of them is subject to the relevant third party’s own terms and privacy practices. We are not responsible for third-party tools or linked websites.

SECTION 13 – INTELLECTUAL PROPERTY

All intellectual property in the Service, including software, branding, and documentation, remains the exclusive property of Engees Communications Private Limited. Nothing in these Terms grants you any right to use our trademarks or branding without prior written consent.

SECTION 14 – DISCLAIMER OF WARRANTIES

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or fully secure.

SECTION 15 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Engees Communications Private Limited, its directors, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, arising from or related to your use of the Service. Our aggregate liability for any claim arising under these Terms shall not exceed the fees paid by you to us in the twelve (12) months preceding the claim.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Engees Communications Private Limited and its affiliates, officers, directors, agents, and employees from any claim or demand, including reasonable legal fees, arising out of: (a) your breach of these Terms; (b) your Customer Data or its consent basis; (c) your violation of any law or third-party right, including WhatsApp’s Business Messaging Policy.

SECTION 17 – SUSPENSION AND TERMINATION

We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms, fail to pay applicable fees, or if required to do so by Meta/WhatsApp policy or applicable law. You may terminate your account at any time by written notice to us. Obligations that by their nature should survive termination (including Sections 7, 9, 10, 11, 15, and 16) will survive.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

SECTION 19 – GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved amicably; failing which, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, seated in Surat, Gujarat, with proceedings conducted in English. Subject to the foregoing, the courts at Surat, Gujarat shall have exclusive jurisdiction.

SECTION 20 – CHANGES TO THESE TERMS

We may update these Terms from time to time by posting the revised version on our website, with an updated “Last Updated” date. Material changes will be notified via email or in-app notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

SECTION 21 – CONTACT INFORMATION

Engees Communications Private Limited — 509, Nemi Eminent, Above MG Select, Bharthana – 395007, India

Phone: +91 97266 54060  Email: nirmit@11za.com

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