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Terms of Service

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Terms of Service

Terms of Service

Last updated: March 11, 2026

These Terms of Service ("Terms") govern your use of the WABA NXCMSG platform and services operated by NXC Controls ("we", "us", or "our"). By registering for or using our services, you agree to be bound by these Terms.

1. Definitions

  • "Platform" refers to the WABA NXCMSG WhatsApp Business API platform, including the web dashboard, APIs, and mobile applications.
  • "User" refers to any individual or business entity that registers for and uses our Platform.
  • "Services" refers to all features provided through the Platform, including bulk messaging, chatbot builder, auto responder, template messaging, and REST API access.

2. Account Registration

  • You must provide accurate and complete information during registration.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You must be at least 18 years old and have the legal authority to bind your organisation to these Terms.
  • One business entity may maintain multiple accounts with our prior approval.

3. Acceptable Use

You agree to use our Platform only for lawful purposes and in compliance with WhatsApp's Business Policy and Commerce Policy. You must NOT:

  • Send spam, unsolicited messages, or messages to users who have not opted in.
  • Send messages containing illegal, harmful, threatening, abusive, or discriminatory content.
  • Use the Platform for phishing, fraud, or impersonation.
  • Attempt to reverse-engineer, decompile, or hack any part of the Platform.
  • Exceed API rate limits or abuse the Platform in ways that degrade service for other users.
  • Resell or sublicense access to the Platform without our written consent.
  • Violate any applicable laws, including the Information Technology Act 2000, Indian Penal Code, and Telecom Commercial Communications Customer Preference Regulations.

4. Subscription Plans and Billing

  • Our Platform offers a free starter plan and paid subscription plans starting from INR 2,500/month.
  • Paid plans are billed monthly or annually as selected at the time of purchase.
  • Prices are exclusive of applicable taxes (GST at 18%).
  • We reserve the right to modify pricing with 30 days' prior notice to existing subscribers.
  • WhatsApp conversation charges are billed separately as per Meta's pricing and are passed through at cost.

5. WhatsApp Business API Compliance

  • Your use of WhatsApp Business API through our Platform is subject to Meta's WhatsApp Business Terms of Service.
  • Message templates must be approved by WhatsApp before use.
  • You are responsible for maintaining your WhatsApp Business Account quality rating.
  • We are not liable for WhatsApp account restrictions imposed by Meta due to your messaging practices.

6. Data Ownership

  • You retain ownership of all data you upload or create on the Platform (contacts, templates, chatbot flows).
  • You grant us a limited licence to process your data solely for the purpose of providing the Services.
  • We will not use your business data for any purpose other than providing the Services, unless required by law.

7. Service Availability

  • We strive to maintain 99.9% uptime but do not guarantee uninterrupted service.
  • Scheduled maintenance will be communicated at least 24 hours in advance.
  • We are not liable for service disruptions caused by Meta/WhatsApp, third-party payment gateways, or force majeure events.

8. Account Suspension and Termination

  • We may suspend or terminate your account for violation of these Terms, non-payment, or abuse of the Platform.
  • You may terminate your account at any time from the dashboard settings.
  • Upon termination, your data will be retained for 30 days, after which it will be permanently deleted.
  • Outstanding balances remain payable upon termination.

9. Limitation of Liability

  • Our total liability for any claim arising from the Services shall not exceed the amount paid by you in the 3 months preceding the claim.
  • We are not liable for indirect, incidental, consequential, or punitive damages.
  • We are not responsible for message delivery failures caused by WhatsApp/Meta infrastructure issues.

10. Intellectual Property

The Platform, including its design, code, features, and branding, is the intellectual property of NXC Controls. You may not copy, modify, or create derivative works of any part of the Platform.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Uttar Pradesh, India. We encourage resolution through mutual discussion before initiating legal proceedings.

12. Changes to Terms

We may update these Terms at any time. Material changes will be notified via email to registered users at least 15 days before taking effect. Continued use after changes constitutes acceptance.

13. Contact Us

For questions about these Terms:

  • Email: sales@nxccontrols.in
  • Phone: +91-9807980778