Terms of Service

1. Definitions

• “Platform” means WhatsNexus, including dashboards, APIs, integrations, and related services.
• “Customer” means the organization subscribing to or using the Platform.
• “Authorized Users” means individuals permitted by Customer to access the Platform (admins, agents, staff).
• “End Users” means individuals who communicate with Customer via WhatsApp or other connected channels.
• “Customer Data” means data submitted, stored, processed, or transmitted by Customer through the Platform, including message content, contact data, templates, and campaign data.
• “AI Features” means automated functions including message suggestions, automated responses, summarization, lead scoring, and intent detection.

2. Eligibility and Account Registration

• 2.1 You must be able to form a legally binding contract to use the Platform.
• 2.2 You are responsible for maintaining accurate account information and controlling access credentials.
• 2.3 You are responsible for all activities conducted through your account and by your Authorized Users.

3. Services and Platform Functionality

3.1 WhatsNexus provides tools to help Customers manage and automate messaging operations, including:

• shared team inbox and collaboration
• AI-assisted messaging and automation workflows
• lead qualification, scoring, and analytics
• follow-up scheduling and nurturing sequences
• campaign/broadcast tooling using approved WhatsApp templates
• operational dashboards and monitoring metrics

3.2 The Platform may integrate with third-party services such as the WhatsApp Business Platform (Cloud API), CRMs, automation tools, and analytics platforms. Use of such third-party services may be subject to their own terms and policies.

3.3 We may update, modify, or discontinue features to improve performance, security, or compliance.

4. Customer Responsibilities

• 4.1 Compliance. You agree to use the Platform in compliance with all applicable laws and regulations, including data protection and messaging rules.
• 4.2 WhatsApp Policy Compliance. You must comply with WhatsApp Business policies, including rules for template messaging, opt-in, and prohibited content.
• 4.3 Consent and Notice. You are responsible for obtaining all required rights, consents, and notices to collect, store, use, and process Customer Data and End User communications.
• 4.4 Content Accuracy. You are responsible for the accuracy and legality of Customer Data, templates, campaigns, and messages sent through the Platform.
• 4.5 Account Security. You must ensure your Authorized Users maintain secure access and follow internal security practices.

5. Acceptable Use

You must not use the Platform to:

• send spam, scams, or misleading communications
• violate privacy, data protection, or consumer protection laws
• send unlawful, harmful, threatening, abusive, harassing, defamatory, or discriminatory content
• impersonate others or misrepresent affiliation
• transmit malware, malicious code, or attempt to compromise platform security
• engage in unauthorized scraping or automated access not approved by Invictus
• use the Platform for activities that could cause WhatsApp account suspension or policy violations

We may suspend or terminate access for violations of these Terms or applicable policies.

6. AI Features and Human Oversight

• 6.1 AI Features may generate automated suggestions or responses based on Customer-provided knowledge and conversation context.
• 6.2 AI output may be inaccurate or incomplete. You are responsible for reviewing and validating AI output before relying on it, especially for sensitive or regulated use cases.
• 6.3 You are responsible for configuring escalation to human agents where appropriate and for providing accurate knowledge base content.

7. Data and Privacy

• 7.1 Customer Data Ownership. Customer retains ownership of Customer Data.
• 7.2 Processing. Invictus processes Customer Data to provide the Platform and related support.
• 7.3 Privacy Policy. Your use of the Platform is also governed by our Privacy Policy available at: https://whatsnexus.invictusglobaltech.com/Privacy-Policy/.
• 7.4 Data Deletion Requests. Customer may request deletion as described in the Privacy Policy or via contact@invictusglobaltech.com.

8. Third-Party Services and Integrations

• 8.1 The Platform may connect to third-party services (e.g., WhatsApp/Meta, CRM systems).
• 8.2 Invictus is not responsible for third-party services, their availability, their acts or omissions, or their terms.
• 8.3 Third-party fees, restrictions, and policies may apply, and Customer is responsible for compliance.

9. Fees, Billing, and Taxes (If Applicable)

• 9.1 Some Platform features may require payment under a separate subscription or order form.
• 9.2 Customer agrees to pay fees according to the selected plan and billing terms.
• 9.3 Taxes (GST/VAT or other) may apply and are Customer’s responsibility unless stated otherwise.
• 9.4 Late or failed payments may result in suspension or limitation of service.

10. Service Availability and Support

• 10.1 We aim to provide reliable service but do not guarantee uninterrupted availability.
• 10.2 Maintenance, updates, outages, or third-party platform issues may affect availability.
• 10.3 Support channels and response times may vary by plan or agreement.

11. Intellectual Property

• 11.1 Invictus and its licensors own all rights in the Platform, including software, design, and documentation, except Customer Data.
• 11.2 Subject to these Terms, Invictus grants Customer a limited, non-exclusive, non-transferable right to use the Platform for internal business purposes during the subscription term.
• 11.3 Customer may not copy, modify, reverse engineer, or create derivative works of the Platform except as permitted by law.

12. Confidentiality

• 12.1 Each party may receive confidential information from the other.
• 12.2 Confidential information must be protected and used only for the purpose of providing or using the Platform.
• 12.3 This obligation does not apply to information that is publicly known, independently developed, or disclosed under legal requirement.

13. Suspension and Termination

13.1 We may suspend access immediately if:

• you violate these Terms or applicable policies
• your use poses a security or legal risk
• required payments are overdue (if applicable)

13.2 Customer may terminate use by providing notice in accordance with applicable subscription terms.

13.3 Upon termination, access may be disabled and Customer Data retention/deletion will follow the Privacy Policy and any applicable agreement.

14. Disclaimers

• 14.1 The Platform is provided “as is” and “as available.”
• 14.2 We disclaim all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• 14.3 We do not warrant that AI Features will be error-free, accurate, or suitable for any particular purpose.

15. Limitation of Liability

To the maximum extent permitted by law:

• Invictus will not be liable for indirect, incidental, special, consequential, or punitive damages.
• Our total liability for claims related to the Platform will not exceed the amount paid by Customer to Invictus for the Platform in the [3/6/12] months preceding the event giving rise to the claim (or a different cap if agreed in writing).

16. Indemnification

Customer agrees to indemnify and hold harmless Invictus, its directors, officers, employees, and agents from claims, damages, liabilities, and expenses arising from:

• Customer Data, templates, campaigns, or messages
• violation of laws or third-party rights
• misuse of WhatsNexus or third-party platforms
• breach of these Terms by Customer or Authorized Users

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Courts located in Tamil Nadu will have exclusive jurisdiction, unless otherwise required by applicable law.

18. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page and the “Last Updated” date will be revised. Continued use of the Platform after updates constitutes acceptance of the updated Terms.

19. Contact

For questions about these Terms, contact:

Invictus Global Tech Pvt Ltd
Email: contact@invictusglobaltech.com
Address: LIG 13/19, NH3, Vanjinathan Street, Maraimalai Nagar, Chennai - 603209