These Terms & Conditions (“Terms”) govern access to and use of Watushka, a WhatsApp automation platform that lets businesses manage conversations, campaigns, message templates, contacts, chatbots, and related communication tools (the “Service”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use Watushka.
1Acceptance of Terms
These Terms form a binding agreement between you (whether an individual or the business entity you represent, “you” or “Customer”) and Watushka. Accessing the dashboard, connecting a WhatsApp Business Account (WABA), or using any part of the Service confirms your acceptance of these Terms and any policies referenced within them, including our Privacy Policy.
2Eligibility & Account
You must be at least 18 years old and represent a legitimate, lawfully operating business to use Watushka. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, including actions taken by team members you invite. Notify us immediately if you suspect unauthorized access to your account.
3License to Use Watushka
Subject to your compliance with these Terms and payment of applicable fees, Watushka grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription term. You may not sublicense, resell, rent, or otherwise make the Service available to unrelated third parties.
4Subscriptions & Billing
4.1 Plans
Watushka is offered on the subscription plans described on our pricing page. Features, team member limits, and usage allowances vary by plan and are subject to change with reasonable notice.
4.2 Fees & Renewal
Subscription fees are billed in advance for the billing cycle you select and renew automatically unless cancelled before the renewal date. Fees are exclusive of applicable taxes, which you are responsible for. Prices may change with prior notice; continued use after a price change constitutes acceptance of the new pricing.
4.3 WhatsApp Conversation & Template Charges
Certain usage — such as WhatsApp conversation-based pricing, template message fees, and Meta’s own charges — is billed separately by Meta/WhatsApp and is not included in your Watushka subscription fee. You are responsible for these third-party charges regardless of whether they are billed directly by Meta or passed through by Watushka.
4.4 Refunds
Except where required by law, subscription fees are non-refundable, including for partial billing periods, downgrades, or unused allowances.
4.5 Non-Payment
If payment is not received by the due date, we may suspend access to the Service until outstanding amounts are settled. Extended non-payment may result in termination of your account and deletion of associated data as described in Section 13.
5Acceptable Use
You agree not to use Watushka to:
- Send unsolicited, deceptive, or unlawful messages, including to contacts who have not consented to receive them;
- Distribute malware, phishing content, or attempt to circumvent WhatsApp’s or Watushka’s security controls;
- Transmit content that is defamatory, obscene, hateful, or that promotes violence or discrimination;
- Infringe the intellectual property, privacy, or other rights of any third party;
- Reverse-engineer, scrape, or resell access to the Service without our written consent; or
- Violate any applicable law, regulation, or the policies of WhatsApp, Meta, or any other integrated third-party platform.
We reserve the right to investigate suspected violations and to suspend or restrict accounts where necessary to protect the Service, other users, or WhatsApp’s platform.
6WhatsApp Business Platform Compliance
Watushka operates as a technology provider built on top of the WhatsApp Business Platform. Your use of WhatsApp messaging through Watushka is subject to Meta’s own terms, which take precedence over anything in these Terms with respect to WhatsApp-specific conduct. By using Watushka, you acknowledge and agree that:
- You are solely responsible for complying with the WhatsApp Business Policy and the WhatsApp Commerce Policy at all times, and Meta may update these without prior notice.
- You must obtain valid opt-in consent from recipients before messaging them, and you must honor opt-out requests. Watushka does not verify the source or consent status of contact lists you upload.
- Meta sets messaging limits and quality-rating tiers per phone number, which govern how many conversations you may initiate in a rolling 24-hour period. These limits are controlled entirely by Meta and may increase or decrease based on your account’s messaging quality.
- Meta has sole discretion to review, approve, reject, restrict, or ban any phone number, message template, or WhatsApp Business Account, including in response to user complaints, spam reports, or policy violations.
- Watushka is not able to guarantee message delivery, approval of templates, or the availability of any given phone number or account, as these are controlled by Meta’s infrastructure and policies.
- Watushka is not liable for suspension, restriction, or banning of your WhatsApp Business Account or phone number by Meta, including where such action results from your own sending practices, contact list quality, or content.
- Any additional charges, penalties, or losses resulting from a WhatsApp-side suspension or ban are your responsibility.
7Your Content & Data
You retain ownership of the contacts, message content, templates, and other data you upload to Watushka (“Customer Data”). You grant Watushka a limited license to host, process, and transmit Customer Data solely to provide and improve the Service. You are responsible for ensuring you have the legal right to upload and process any Customer Data, including personal data of your own customers, and for maintaining your own backups.
8Intellectual Property
Watushka and its licensors retain all right, title, and interest in the platform, software, branding, and documentation. Nothing in these Terms transfers any Watushka intellectual property to you beyond the limited license described in Section 3. Feedback you provide about the Service may be used by us without obligation or compensation to you.
9Third-Party Services
Watushka integrates with third-party platforms such as Meta/WhatsApp, payment processors, and optional integrations you choose to enable. We are not responsible for the availability, performance, or policies of these third-party services, and your use of them is subject to their own terms.
10Disclaimer of Warranties
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that message delivery through WhatsApp will always succeed, as delivery depends on infrastructure we do not control.
11Limitation of Liability
To the maximum extent permitted by law, Watushka will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity, arising from your use of the Service. Our total aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount you paid to Watushka in the twelve (12) months preceding the event giving rise to the claim.
12Indemnification
You agree to defend, indemnify, and hold Watushka harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service in violation of these Terms, applicable law, or the rights of any third party, including claims relating to Customer Data you upload or messages you send.
13Suspension & Termination
You may cancel your subscription at any time from your account settings or by contacting support; cancellation takes effect at the end of your current billing period. We may suspend or terminate your account immediately if you breach these Terms, misuse the Service, fail to pay outstanding fees, or if required by Meta or applicable law. Upon termination, your right to use the Service ends, and we may delete your account data after a reasonable grace period, except where retention is required by law.
14Governing Law & Disputes
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Lucknow, Uttar Pradesh, India, unless otherwise required by applicable law.
15Changes to These Terms
We may update these Terms from time to time to reflect changes in our Service, legal requirements, or WhatsApp’s own policies. We will post the revised Terms with an updated “Last updated” date, and material changes will be communicated via email or an in-app notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16Contact Us
If you have questions about these Terms, reach out to us: