Aviral WhatsApp Platform terms of service
Draft — pending counsel review. This page is not final yet and may change before it takes effect.
On this page
- 1. Definitions
- 2. Your account
- 3. How WhatsApp access works
- 4. Your responsibilities and acceptable use
- 5. Policy guardrails and suspension
- 6. AI features
- 7. Fees, Meta charges and GST
- 8. Our responsibilities
- 9. Customer Data
- 10. Intellectual property
- 11. Confidentiality
- 12. Warranties and disclaimer
- 13. Limitation of liability
- 14. Indemnity
- 15. Term and termination
- 16. Changes to the Service and to these terms
- 17. General
- 18. Contact
Effective date: 16 October 2026
These terms are a contract between Aviral Techlab Private Limited ("Aviral Techlab", "we", "us") and the business that signs up for Aviral WhatsApp Platform ("you", "Customer").
- Registered office: H-89, 2nd Floor, Ashok Vihar Phase-1, Delhi 110052, India
By creating an account, clicking "I agree", or using the Service, you accept these terms. If you accept for a company, you confirm you have authority to bind it.
If you sign an order form with us, the order form wins over these terms where they conflict.
1. Definitions
- Service: Aviral WhatsApp Platform, including the web app, mobile apps, APIs, integrations and support.
- Customer Data: all data you or your end-users put into the Service, including messages, media, contacts, call recordings and transcripts.
- End-users: the people you message through the Service.
- Meta: Meta Platforms, Inc., WhatsApp LLC and their affiliates, including Facebook India Online Services Private Limited.
- WhatsApp Policies: the WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, WhatsApp Business Solution Terms, WhatsApp Business Terms of Service, and Meta's other applicable terms, each as Meta updates them.
- Users: your employees and contractors you allow to use the Service.
2. Your account
- Give accurate details, including your legal name and GSTIN, and keep them current.
- You're responsible for everything done under your account.
- Keep passwords secret. Turn on two-factor authentication for admins.
- Tell us at once at info@aviraltechlab.com if you suspect unauthorised access.
- You must be a business. The Service is not for personal or household use.
- Users must be 18 or older.
3. How WhatsApp access works
- We are a Meta Tech Provider. You connect your own WhatsApp Business Account (WABA) through Meta's Embedded Signup.
- You own your WABA and phone numbers. You accept the WhatsApp Business Terms and related terms directly with Meta during signup.
- You authorise us to access your WABA through Meta's APIs only to provide the Service.
- Meta controls WhatsApp. Meta may change features, prices, limits or policies, or restrict your account, at any time. We aren't responsible for Meta's decisions. We will help you where we can.
- You can disconnect your WABA at any time, in the Service or in Meta Business Suite.
4. Your responsibilities and acceptable use
Our Acceptable use policy sets out these rules in more detail and forms part of these terms. You must follow the law and the WhatsApp Policies. In particular, you must:
4.1 Get opt-in.
- Only message people who gave you their WhatsApp number or username and agreed to receive messages from you on WhatsApp.
- Keep proof of each opt-in (source, time, wording). Use the Service's opt-in fields to record it.
- Make it easy to opt out. Honour opt-outs, including "STOP" replies, promptly.
- Follow the per-user marketing limits and frequency rules Meta sets.
4.2 Use templates honestly.
- Use approved message templates to start conversations outside the 24-hour customer service window.
- Choose the correct template category: marketing, utility or authentication. Don't label marketing as utility to save cost or avoid limits.
4.3 Offer a human.
- If you use bots or AI agents, give end-users a clear way to reach a human.
4.4 Don't use the Service as a general-purpose AI assistant.
- Our AI features are for specific business tasks, such as support, sales, bookings and order updates.
- Don't offer a general-purpose AI chatbot or assistant to the public through WhatsApp. Meta's terms prohibit this.
4.5 Don't send prohibited content. Don't use the Service to:
- sell or promote goods or services the WhatsApp Commerce Policy bans (for example drugs, weapons, adult products, gambling where not allowed, fake documents);
- send spam or bulk unsolicited messages, or message bought or scraped lists;
- harass, threaten, defame or impersonate anyone;
- send malware, phishing or deceptive links;
- share content that infringes intellectual property;
- collect sensitive data (card numbers, passwords, government ID numbers) in chat, except through approved secure flows;
- message children in ways the DPDP Act prohibits, including targeted advertising to children;
- break any law, including the IT Act 2000, the DPDP Act 2023, TRAI rules where they apply, and consumer protection law.
4.6 Don't misuse the Service. Don't:
- try to access another customer's data;
- reverse engineer, scrape or overload the Service;
- bypass rate limits, messaging limits or security controls;
- resell the Service without a written agreement with us.
4.7 Be the Data Fiduciary for your end-users.
- You decide why you process end-users' data. You give them notice and get consent where needed.
- Our Data Processing Agreement (https://whatsapp.aviraltechlab.com/legal/dpa) forms part of these terms.
5. Policy guardrails and suspension
We are responsible to Meta for how our platform is used. So we run guardrails, such as:
- opt-in checks, STOP handling, and frequency caps;
- checks on templates for prohibited content;
- automatic pausing of campaigns when number quality drops.
We may suspend or limit your use of the Service, in whole or part, with or without notice, if:
- you breach section 4 or the WhatsApp Policies;
- Meta tells us to, or restricts your WABA;
- your activity risks your number quality, our platform standing with Meta, or other customers;
- there's a security risk;
- you don't pay fees on time (after notice under section 7);
- the law requires it.
Where we can, we'll tell you why and give you a chance to fix it. We restore access once the issue is fixed. Suspension doesn't remove your duty to pay.
6. AI features
- AI features are optional. You choose whether to turn them on.
- AI output can be wrong. Review important replies. You're responsible for messages your AI agents send.
- We send relevant content to our AI provider only to produce outputs for you. We don't use Customer Data to train AI models, and our provider may not either.
- Don't use AI features to make decisions with legal or similarly serious effects on people without human review.
7. Fees, Meta charges and GST
7.1 Our fees.
- You pay the subscription and usage fees in your plan or order form.
- Fees are in Indian rupees and exclude GST. We add GST at 18% (or the rate in force) and issue GST-compliant tax invoices. Give us your correct GSTIN so you can claim input tax credit.
- Subscriptions renew automatically for the same period unless you cancel before renewal.
- Fees are payable in advance. They're non-refundable except where these terms, our Refund and cancellation policy or the law say otherwise.
- We may change prices for the next renewal with at least 30 days' notice.
7.2 Meta's charges are separate.
- Under our Tech Provider model, Meta bills you directly for WhatsApp messages and calls. You add a payment method in Meta's Billing Hub. Meta (through Facebook India) invoices you in INR. Add your GSTIN in Billing Hub.
- We don't mark up Meta's charges on this path.
- Optional credit line: if you choose a partner credit line we offer through a Meta Business Solution Provider, that provider pays Meta. You then pay us or that provider as your order form states, which may include a service fee.
- Meta's prices and rules can change. We show cost estimates in the Service for convenience only. Meta's invoice is final.
7.3 Late payment.
- If you don't pay on time, we'll remind you. If you still haven't paid 15 days after the reminder, we may suspend the Service.
- Late amounts may carry interest at 1.5% a month or the maximum the law allows, whichever is lower.
7.4 Taxes. If you must deduct TDS, send us the TDS certificate on time. Otherwise we may treat the shortfall as unpaid.
8. Our responsibilities
We will:
- provide the Service with reasonable skill and care;
- protect Customer Data with the security measures in the DPA;
- process Customer Data only to provide the Service and as you instruct;
- give support as described in Support and service levels;
- aim for the uptime target in that page or your order form, if any. Planned maintenance and Meta outages don't count against it.
9. Customer Data
- You own Customer Data. We claim no ownership.
- You give us a limited licence to host, copy, process and display Customer Data only to provide, secure and support the Service.
- We may create aggregated, de-identified statistics that don't identify you or any person. We use them to run and improve the Service.
- Meta Platform Data is handled as our privacy policy describes. We never sell it.
10. Intellectual property
- We own the Service, its software, design and documentation, and any improvements. These terms don't transfer them to you.
- You may use the Service during your subscription for your internal business purposes.
- If you send feedback, we may use it freely without paying you.
- "WhatsApp" and "Meta" are trademarks of Meta. We're not affiliated with or endorsed by Meta beyond our status as a Meta Tech Provider.
11. Confidentiality
- Each party keeps the other's confidential information secret. It uses it only for this contract.
- Confidential information includes non-public business, technical and pricing information, and Customer Data.
- It doesn't include information that is public through no fault of the receiver, already known to it, independently developed, or rightly received from someone else.
- A party may disclose information if the law requires. Where allowed, it gives the other party notice first.
- These duties last during the contract and 3 years after it. For trade secrets and Customer Data, they last as long as the information stays confidential.
12. Warranties and disclaimer
- Each party confirms it has the right to enter this contract.
- You confirm that you have all consents and rights needed for Customer Data and for messaging your end-users.
- Except as stated in these terms, the Service is provided "as is" and "as available". We don't promise it will be error-free or uninterrupted. We don't guarantee message delivery, template approval, number quality, messaging limits or any business result. These depend on Meta and on how you use WhatsApp.
- To the extent the law allows, we exclude all implied warranties, including merchantability and fitness for a purpose.
13. Limitation of liability
- Neither party is liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, goodwill or data (except our duty to restore from backups under the DPA), even if warned.
- Our total liability for all claims under or about this contract in any 12-month period is capped at the fees you paid us in the 12 months before the event giving rise to the claim. Meta's charges don't count as fees paid to us.
- The caps don't apply to: your payment obligations; your indemnity in section 14; a party's breach of confidentiality (section 11); or liability the law doesn't allow us to limit (such as fraud).
- For data protection breaches by us, the liability terms in the DPA apply.
14. Indemnity
14.1 By you. You will defend and compensate us, our affiliates and staff against claims, fines, penalties and losses arising from:
- Customer Data, your messages and your content;
- how you message end-users, including missing opt-ins and spam;
- your breach of section 4, the WhatsApp Policies, or the law;
- action Meta takes against us or our platform because of your use.
14.2 By us. We will defend you against third-party claims that the Service, used as allowed, infringes their Indian intellectual property rights. We'll pay damages a court awards or a settlement we agree. If such a claim arises, we may change the Service, get you a licence, or end the affected part and refund prepaid fees for the unused period. This doesn't apply to claims caused by Customer Data, your changes, or combination with things we didn't provide.
14.3 Process. The party seeking indemnity must tell the other promptly, let it control the defence, and help reasonably. No party may settle in a way that admits fault by the other without consent.
15. Term and termination
- These terms last while you have an active subscription or account.
- You can cancel any time in Settings. Cancellation takes effect at the end of the current paid period.
- Either party can end the contract with written notice if the other materially breaches it and doesn't fix the breach within 30 days.
- We can end it immediately if you seriously or repeatedly breach section 4, if Meta requires it, or if you become insolvent.
- We can end a free plan at any time with 30 days' notice.
What happens at the end:
- Your access stops.
- You can export Customer Data for 30 days after termination, using the export tools or by asking us.
- After that, we delete Customer Data within 30 days, except copies the law requires us to keep, and backups that expire on their normal cycle.
- We revoke our access tokens to your WABA. Your WABA, phone numbers and Meta billing stay with you.
- Unpaid fees become due at once.
- Sections that by nature should survive (fees owed, confidentiality, IP, disclaimers, liability, indemnity, governing law) survive.
16. Changes to the Service and to these terms
- We improve the Service over time. We won't materially reduce core features of a paid plan during a paid period, except where Meta or the law forces it.
- We may update these terms. For material changes, we'll give at least 30 days' notice by email or in the product. If you don't agree, you can cancel before the change takes effect and get a pro-rata refund of prepaid fees for the unused period.
- Changes needed to comply with Meta requirements or the law may take effect sooner.
17. General
- Governing law: the laws of India.
- Jurisdiction: the courts at New Delhi have exclusive jurisdiction. Before going to court, both parties will try in good faith to settle the dispute through senior management for 30 days.
- Force majeure: neither party is liable for delays caused by events beyond its reasonable control, including Meta platform outages, internet failures, natural disasters and government action. Payment duties are not excused.
- Assignment: you may not transfer this contract without our consent. We may transfer it to an affiliate or a buyer of our business, with notice.
- Notices: to us at info@aviraltechlab.com and H-89, 2nd Floor, Ashok Vihar Phase-1, Delhi 110052, India; to you at your account admin email.
- Entire agreement: these terms, the Acceptable use policy, the Refund and cancellation policy, the DPA, the privacy policy and any order form are the whole agreement.
- No waiver: not enforcing a right now doesn't waive it.
- Severability: if a court finds a clause invalid, the rest stays in force.
- Independent parties: nothing here creates a partnership, agency or employment.
- Electronic records: these terms are an electronic record under the IT Act 2000 and need no physical signature.
18. Contact
Aviral Techlab Private Limited
H-89, 2nd Floor, Ashok Vihar Phase-1, Delhi 110052, India
info@aviraltechlab.com · +91 83830 08380
Grievance Officer: Grievance Officer, Aviral Techlab Private Limited, grievance@aviraltechlab.com