1. Who these terms are between
These terms govern your use of the hosted software provided by BrandlyPro, registered at [ registered address ]. By creating an account you agree to them.
They do not apply to the self-hosted software. If you run the open-source version on your own infrastructure, your rights come from the MIT licence and nothing here restricts them.
2. What we provide, and what Meta provides
We provide software. Message delivery is provided by Meta through the WhatsApp Business Platform, under your own WhatsApp Business Account.
- You contract with Meta for messaging and are billed by Meta directly at Meta’s rates. We do not resell messages and take no margin on them.
- Your WhatsApp Business Account and phone number belong to you. If you stop using our software, they remain yours.
- We cannot guarantee Meta’s availability, its pricing, its quality ratings, or its decisions about your account. Suspension of your number by Meta is outside our control.
3. Your account
You must be 18 or over and authorised to act for the business you register. You are responsible for keeping credentials secure and for what your team members do.
4. Acceptable use
You must not use the software to:
- send messages that breach the WhatsApp Business Messaging Policy or Meta’s Commerce Policy — these apply to you directly, and a breach can cost you your number;
- message people who have not opted in to hear from you;
- send unlawful, deceptive, harassing, or infringing content;
- attempt to circumvent rate limits, access other customers’ data, or probe the service’s security without permission.
[ State what happens on breach: warning, suspension, or termination, and whether any refund applies ].
5. Fees, billing and cancellation
Software subscription fees are [ state plans and prices — blocked on ticket #27 until every price is re-verified ], billed [ monthly / annually, in advance ] through [ payment processor ]. Message costs are billed separately by Meta and are not ours to set or collect.
Cancellation is self-service. You can cancel from your account settings at any time without contacting us, without a retention call, and without a notice period. We will not require an email or a phone call to stop billing.
[ Decide the refund position and state it plainly: does cancellation end billing at the period end, or is there a pro-rata refund? Note that “all sales final” is the incumbent posture GOALS.md positions against — this clause is a differentiator, so write it deliberately ].
[ Confirm the one-click cancellation described above is actually shipped (ticket #22) before these terms come into force — it is a binding commitment once published ].
6. Your data
You keep ownership of your contacts and message history. We process them to run the service, as described in our Privacy Policy. On cancellation you can export [ describe what can be exported and in what format ] before your data is removed.
7. Availability
[ Either commit to an uptime target and say what happens if it is missed, or state explicitly that the service is provided without an uptime commitment. Do not leave this silent ].
8. Intellectual property
The hosted service, our branding, and our documentation remain ours. The underlying application is open source under the MIT licence, and nothing here limits your rights under that licence.
9. Liability
[ Liability cap — the usual formulation is fees paid in the preceding 12 months, with carve-outs for death, personal injury, fraud and anything that cannot be excluded under Indian law. Have this drafted rather than copied ].
[ Indemnity from the customer for message content they send — standard for a messaging platform, since we do not control what is sent ].
10. Suspension and termination
[ Grounds and notice period for suspending or terminating an account, and what happens to data afterwards ].
11. Changes to these terms
[ Notice period for material changes, and whether continued use constitutes acceptance ].
12. Governing law
These terms are governed by the laws of India, and the courts at [ city — name a specific bench, not just “India” ] have exclusive jurisdiction.
13. Contact
neeraj@brandlypro.com · +91 77018 22010