Privacy

Introduction and Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the communication, messaging, engagement, automation, analytics, and related services provided by Parahit Technologies (“Parahit”, “we”, “us”, or “our”).

By creating an account, purchasing a Plan, activating a service, accessing the platform, or using any Parahit service, you agree to be bound by these Terms. If you do not agree, you must not use the applicable services.

These Terms should be read together with the applicable Plan details, order form, pricing, payment terms, and service delivery information.

Definitions

1. "Account":
Means the account created by or for the Customer for accessing Parahit services.
2. "Agent":
Means a person authorised by the Customer to access the applicable Parahit service and related communication or inbox features.
3. "Business Number":
Means a telephone number connected to the Customer's WhatsApp Business service.
4. "Campaign":
Means a communication, messaging, broadcast, automation, or marketing activity created or initiated through the service.
5. "Contact":
Means a recipient, customer, lead, user, or other person or entity whose information is uploaded, stored, processed, or used through the service.
6. "Credits":
Means monetary or usage credits made available to the Customer under a Plan, Free Trial, promotional offer, or other commercial arrangement.
7. "Customer Content":
Means messages, templates, contact data, files, media, campaign content, configurations, and other content submitted or transmitted by the Customer through the services.
8. "DLT":
Means the applicable Distributed Ledger Technology and related telecom compliance framework applicable to SMS services.
9. "Message":
Means an SMS, WhatsApp message, or other supported communication submitted through the applicable service.
10. "Plan":
Means a Free Trial, paid SMS recharge plan, monthly WhatsApp plan, Enterprise arrangement, or other service tier offered by Parahit.
11. "WABA":
Means the applicable WhatsApp Business Account used in connection with the WhatsApp service.

Scope of Services

Parahit may provide communication and engagement services, including:

  1. Bulk SMS;
  2. Promotional SMS;
  3. Transactional/OTP SMS;
  4. Utility SMS;
  5. WhatsApp Business API services;
  6. WhatsApp messaging;
  1. broadcasts;
  2. campaigns;
  3. chat flows;
  4. automation;
  5. shared inbox and agent functionality;
  6. analytics;
  1. reports;
  2. APIs;
  3. webhooks;
  4. integrations; and
  5. customer support and onboarding services.

The exact services and features available to the Customer depend on the applicable Plan.

Eligibility and Account Registration

The Customer must provide accurate, complete, and current information while registering for and using an Account.
The Customer is responsible for:

  1. maintaining accurate Account information;
  2. protecting Account credentials;
  3. restricting access to authorised users;
  4. notifying Parahit of suspected unauthorised access; and
  5. ensuring that its Account is used lawfully.

The Customer is responsible for activities carried out through its Account, except to the extent caused by Parahit's proven unauthorised conduct.

Customer Account Responsibilities

The Customer shall:

  1. maintain the confidentiality of Account credentials;
  2. manage its users and Agents;
  3. ensure that authorised users comply with these Terms;
  4. ensure that Customer Content is accurate and lawful;
  5. obtain all necessary permissions and consents;
  6. use the services in accordance with applicable law; and
  7. comply with applicable third-party platform and telecom requirements.

The exact services and features available to the Customer depend on the applicable Plan.

Subscription Plans and Service Tiers

Parahit offers different Plans and service tiers.
These may include:

  1. Free Trial access;
  2. SMS recharge plans;
  3. monthly WhatsApp plans;
  4. Enterprise plans;
  1. additional Agents;
  2. separately available services; and
  3. custom commercial arrangements.

The applicable Plan determines the available features, usage limits, support services, and commercial terms.

Features and limits may vary between Plans.

Plan Limits and Usage Restrictions

The Customer must use the services within the applicable limits of its selected Plan.
Plan limits may apply to:

  1. messages;
  2. messaging speed;
  3. users;
  4. Agents;
  5. Business Numbers;
  6. tags;
  1. custom attributes;
  2. webhooks;
  3. campaigns;
  4. chat flows;
  5. APIs;
  6. automation;
  1. reports;
  2. analytics;
  3. integrations; and
  4. other technical or commercial parameters.

The applicable limits are those specified in the relevant Plan or commercial agreement.

The Customer must not attempt to circumvent or bypass applicable Plan limits.

SMS Plans and Recharge Terms

SMS Free Trial

The SMS Free Trial provides up to 5,000 messages.

The Free Trial has no stated expiry period and remains available in accordance with the applicable Free Trial terms.

SMS Recharge Plans

Paid SMS Plans are recharge-based plans.

The applicable recharge amount, message quota, and SMS pricing are determined by the selected SMS Plan.

The SMS Plan includes different recharge tiers and message pricing for Promotional, Transactional/OTP, and Utility SMS.

SMS Recharge Validity

The SMS Free Trial remains available without a defined expiry period.

Paid SMS recharge balances remain valid for one year from the date of the applicable recharge or purchase.

Any unused balance remaining after the one-year validity period expires shall expire and shall no longer be available for use.

SMS Balance and Unused Credits

For the Free Trial, the available trial usage remains available without a defined expiry period.

For paid SMS recharge plans, unused SMS credits remain available during the applicable one-year validity period.

Unused paid SMS credits do not continue beyond the expiry of the applicable one-year validity period.

Unused SMS credits are not refundable unless expressly agreed otherwise in writing.

SMS Billing

SMS charges are deducted when an SMS is submitted to the applicable telecom or network infrastructure.

The Customer's applicable SMS balance is reduced based on the applicable Plan pricing when the SMS is submitted to the network.

Successful delivery to the final recipient is not a condition for deduction of the SMS charge.

Accordingly, SMS delivery may fail after submission due to factors including:

  1. recipient device conditions;
  2. network conditions;
  3. telecom operator conditions;
  4. DND restrictions;
  1. regulatory restrictions;
  2. invalid recipient information; or
  3. other third-party factors.

SMS Retry Mechanism

Where an SMS is not submitted to the network because of a software issue or another technical issue affecting the submission process, Parahit may attempt to retry the submission.

A maximum of two retry attempts may be made.

No additional charge shall be applied for such retries. The applicable SMS pricing remains the same.

A retry does not guarantee successful delivery.

DND and Non-DND SMS Delivery

Promotional SMS: Promotional SMS shall not be sent to DND numbers.
Transactional SMS: Transactional SMS may be sent to DND and Non-DND numbers, subject to applicable regulatory, DLT, telecom, and operator requirements.
Utility SMS: Utility SMS may be sent to DND and Non-DND numbers, subject to applicable regulatory, DLT, telecom, and operator requirements.

SMS-Specific Compliance Terms

DLT Registration

DLT registration is mandatory for the applicable SMS services.
The Customer must provide accurate business information and complete the required compliance processes.

Certain higher-tier SMS Plans may include DLT registration and template assistance as specified in the applicable Plan.

Assistance provided by Parahit does not guarantee approval by any regulator, telecom operator, DLT platform, or other third party.

SMS Categories

The SMS service supports different categories, including:

  1. Promotional SMS;
  2. Transactional/OTP SMS; and
  3. Utility SMS.

The Customer is responsible for using the appropriate category for its communication.

The Customer must not misclassify messages to bypass regulatory or delivery restrictions.

Sender IDs and Templates

The Customer is responsible for providing accurate information and using approved sender IDs and message templates where required.

The Customer shall comply with applicable DLT and telecom requirements.

SMS Delivery Reports

The availability of campaign delivery reports and real-time reporting depends on the applicable Plan.

Reports may be based on information received from applicable network operators and other third-party systems.

WhatsApp Plans

The WhatsApp service is offered through different Plan tiers, including:

  1. Free;
  2. Basic;
  3. Pro; and
  4. Enterprise.

The applicable Plan determines the available users, Agents, Business Numbers, tags, custom attributes, messaging speed, automation, campaigns, analytics, integrations, and support features.

The applicable Plan features and limits are those specified in the current WhatsApp Plan information.

WhatsApp Free Credits

The WhatsApp Plan includes ₹100 in Free Credits as specified in the applicable Plan.

The ₹100 Free Credits represent a monetary credit amount made available under the applicable Plan.

Additional WhatsApp Agents

Additional Agents are charged at ₹600 per Agent per month where applicable.
The following rules apply:

  1. The charge begins on the date the additional Agent is added.
  2. The charge is not prorated.
  3. The additional Agent charge continues until the Agent is removed.
  4. The charge applies for the applicable billing cycle.
  5. Once the additional Agent has been purchased for the applicable billing cycle, the charge is non-refundable.
  6. The additional Agent charge applies to all applicable Plan types, including Enterprise plans, subject to the applicable commercial arrangement.

WhatsApp Business Numbers and WABA

The number of connected Business Numbers is determined by the applicable WhatsApp Plan.
The Customer is responsible for:

  1. providing accurate Business Number information;
  2. maintaining control of the relevant business account;
  3. complying with applicable WhatsApp requirements; and
  4. ensuring that the Business Number is used lawfully.

The availability of WhatsApp services may depend on third-party platform requirements and systems.

WhatsApp Platform Dependency

The WhatsApp service depends on third-party platforms and infrastructure.

Changes to third-party policies, pricing, availability, account requirements, restrictions, or technical systems may affect the service.

Parahit is not responsible for third-party actions or failures outside its reasonable control.

Customer Consent and Compliance

The Customer is responsible for obtaining all required permissions and consents before sending communications.
The Customer must comply with:

  1. applicable laws;
  2. telecom requirements;
  3. DLT requirements;
  4. data protection requirements;
  5. anti-spam rules;
  6. WhatsApp requirements; and
  7. applicable third-party platform policies.

Prohibited Uses

The Customer must not use the services for:

  1. spam;
  2. unlawful bulk messaging;
  3. fraud;
  4. phishing;
  5. impersonation;
  6. malware;
  7. harassment;
  8. deceptive communications;
  9. unlawful solicitation;
  10. content prohibited by applicable law; or
  11. activity violating third-party platform policies.

Parahit may restrict or suspend service access where reasonably necessary to prevent misuse.

Billing, Taxes, and Payments

Applicable taxes, including GST and other government charges, shall be payable as applicable.

The SMS plan specifies applicable recharge pricing with GST treatment as stated in the Plan.

Plan Upgrades and Downgrades

The Customer may request a Plan upgrade or downgrade subject to Parahit's applicable commercial procedures.
The effect of an upgrade or downgrade on:

  1. existing credits;
  2. Plan limits;
  3. users;
  4. Agents;
  5. Business Numbers;
  6. tags;
  7. attributes;
  8. campaigns; and
  9. other features

shall be determined according to the applicable commercial terms.

Cancellation and Refunds

The SMS paid recharge balance is subject to the applicable one-year validity period.

Unused paid SMS balance remaining after the applicable validity period expires shall expire.

Additional WhatsApp Agents are non-refundable once purchased for the applicable billing cycle.

Data Protection and Privacy

The Customer is responsible for ensuring that it has the necessary rights and permissions to collect, use, upload, and process Customer Content.

Parahit may process Customer Content as reasonably necessary to provide, maintain, secure, support, and operate the services.

The Customer must comply with applicable data protection laws.

Security

The Customer is responsible for maintaining appropriate security over its Account and user credentials.

The Customer must promptly notify Parahit of suspected unauthorised access or security compromise.

Service Availability and Maintenance

Parahit may conduct scheduled or emergency maintenance.
Services may also be affected by:

  1. telecom failures;
  2. network issues;
  3. DLT systems;
  4. WhatsApp/Meta systems;
  5. third-party services;
  6. regulatory restrictions;
  7. security incidents; or
  8. force majeure events.
  9. other features

Customer Support and Service Levels

Support availability, channels, escalation levels, onboarding, and account management vary according to the applicable Plan.

The SMS Plans include varying levels of support, including business-hours support, extended-hours support, priority support, enterprise support, email, chat, call, dedicated account management, onboarding, DLT assistance, and escalation support.

The WhatsApp Plans include different support channels, including email, call, WhatsApp, chat support, onboarding, priority support, account management, and enterprise success services depending on the Plan.

Any specific response times, resolution times, uptime commitments, or SLA remedies shall be governed by the applicable Plan or separate SLA.

Intellectual Property

Parahit retains all rights in its:

  1. software;
  2. platform;
  3. technology;
  4. interfaces;
  5. documentation;
  6. trademarks;
  7. designs; and
  8. other intellectual property.
  9. other features

The Customer receives only the rights necessary to use the services under these Terms.

Customer Content

The Customer retains ownership of its Customer Content.

The Customer grants Parahit the rights reasonably necessary to host, process, transmit, store, and use Customer Content for providing the services.

The Customer represents that it has the necessary rights and permissions to submit the Customer Content.

Confidentiality

Each party shall protect confidential information received from the other party and shall use it only for legitimate purposes related to the relationship.

Suspension and Termination

Parahit may suspend or restrict access where reasonably necessary due to:

  1. non-payment;
  2. misuse;
  3. violation of these Terms;
  4. unlawful activity;
  5. security risks;
  6. third-party restrictions;
  7. regulatory requirements; or
  8. risk to Parahit or other users.

Disclaimers

Parahit does not guarantee:

  1. successful delivery of every SMS or WhatsApp message;
  2. uninterrupted availability;
  3. successful delivery after a message has been submitted to a network;
  4. approval of third-party templates;
  5. continued availability of third-party services; or
  6. any specific business outcome.

The retry mechanism for eligible SMS failures is limited to the applicable retry process and does not guarantee delivery.

Limitation of Liability

To the maximum extent permitted by applicable law, Parahit shall not be liable for indirect, incidental, special, consequential, or loss-of-profit damages arising from the use of the services.

Indemnification

The Customer shall indemnify Parahit against claims arising from:

  1. unlawful Customer Content;
  2. lack of required consent;
  3. unlawful messaging;
  4. breach of applicable law;
  5. misuse of the services; or
  6. violation of third-party platform requirements.

Force Majeure

Neither party shall be liable for delays or failures caused by events beyond reasonable control, including:

  1. natural disasters;
  2. war;
  3. government actions;
  4. regulatory changes;
  5. telecom failures;
  6. network outages;
  7. third-party platform outages;
  8. cyber incidents; or
  9. other force majeure events.

Changes to Plans, Pricing, and Services

Parahit may modify its:

  1. Plans;
  2. pricing;
  3. features;
  4. quotas;
  5. support levels;
  6. technical specifications; and
  7. service functionality.

Changes to These Terms

Parahit may update these Terms from time to time.

The updated Terms shall become effective on the date stated in the updated version.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of [TO BE CONFIRMED BY PARAHIT]

The courts of [TO BE CONFIRMED BY PARAHIT] shall have jurisdiction over disputes arising from these Terms.