Terms of Service

1. Acceptance of Terms

By creating an account on Indescape or using any part of the Indescape platform (available at app.indescape.com and indescape.com), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you are accessing Indescape on behalf of a business entity, you represent that you have authority to bind that entity to these Terms. In that case, "you" refers to both you individually and the entity.

If you do not agree to these Terms, do not use the Indescape platform.

2. Description of Service

Indescape Technologies provides a cloud-based WhatsApp CRM and automation platform that enables Indian businesses to:

• Manage customer conversations via the WhatsApp Business API
• Send broadcast campaigns and transactional messages to opted-in customers
• Build automated conversation flows using a visual flow builder
• Manage a product catalogue, take orders, and generate GST-compliant invoices
• Integrate with Indian logistics providers (Shiprocket, Delhivery, Blue Dart, DTDC)
• Collect payments via Razorpay integration
• Manage multi-account reseller operations (Advanced plan)

The Service is provided "as is" and subject to these Terms. Features may change over time; material changes that reduce functionality will be communicated with at least 30 days' notice.

3. Account Registration

3.1 Eligibility

You must be at least 18 years of age and legally able to enter into contracts under Indian law to use Indescape. The platform is intended for business use only, not personal use.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at hello@indescape.com if you suspect unauthorised access to your account. Indescape is not liable for any loss arising from unauthorised use of your account.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false information may result in account suspension.

3.4 One Account Per Business

Each WhatsApp Business Account (WABA) may be connected to one Indescape account at a time. Sub-accounts for staff are supported; creating duplicate accounts to circumvent plan limits is prohibited.

4. Subscription and Billing

4.1 Plans and Pricing

Indescape offers three subscription plans billed monthly in Indian Rupees (INR):

• Starter — ₹1,999/month + GST: Up to 1,000 contacts, 1 staff login
• Intermediate — ₹4,499/month + GST: Up to 5,000 contacts, WhatsApp Commerce, 5 staff logins
• Advanced — ₹6,999/month + GST: Unlimited contacts, white-label partner portal, unlimited staff logins

4.2 Meta Conversation Charges

4.3 Payment

Subscriptions are billed monthly via Razorpay. By providing payment details, you authorise Razorpay to charge your account automatically each billing cycle. GST at the applicable rate will be added to all charges. A GST invoice will be issued for each billing cycle.

4.4 Failed Payments

If payment fails, your account will be notified via email. After 7 days of non-payment, your account may be suspended (features disabled, data retained). After 30 days of non-payment, your account may be terminated and data deleted.

4.5 Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the start of the next billing cycle.

5. Free Trial

New accounts receive a 7-day free trial with access to all features of the selected plan. No credit card is required to start the trial. At the end of the trial period, you must add a payment method to continue using the service. Your data is retained for 30 days after trial expiry before deletion.

Free trial accounts are subject to the same Acceptable Use Policy as paid accounts. Indescape reserves the right to terminate trials that violate these Terms or are used for spam, abuse, or circumventing rate limits.

6. Meta WhatsApp Business API Usage

Indescape's core functionality operates through the Meta WhatsApp Business API. By using Indescape, you agree to:

• Comply with Meta's WhatsApp Business Policy at all times
• Only message customers who have opted in to receive WhatsApp communications from your business
• Not send spam, bulk unsolicited messages, or misleading content
• Not use Indescape to send messages prohibited by Meta's policies (adult content, dangerous goods, gambling, cryptocurrencies without approval, etc.)
• Maintain your WhatsApp Business Account in good standing with Meta

You are responsible for ensuring that your contacts, message templates, campaigns, automations, commerce flows, and customer communications comply with Meta's WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, applicable Indian law, and any regulated-industry restrictions. Indescape may suspend or restrict access if your use of the platform creates legal, compliance, deliverability, or platform-risk concerns.

7. Acceptable Use Policy

You agree not to use Indescape to:

• Send unsolicited commercial messages to individuals who have not opted in
• Transmit spam, phishing, or fraudulent content
• Impersonate any person or entity or misrepresent your affiliation
• Collect personal data without valid consent under the DPDP Act 2023
• Violate any applicable Indian laws including the IT Act 2000, DPDP Act 2023, and Consumer Protection Act
• Attempt to gain unauthorised access to Indescape's systems or other users' accounts
• Reverse engineer, decompile, or create derivative works of the Indescape platform
• Resell access to Indescape without authorisation under the Advanced (reseller) plan
• Upload malicious code, viruses, or any content designed to disrupt the platform

Indescape reserves the right to suspend or terminate accounts found to be in violation of this policy, with or without prior notice, at our sole discretion.

8. Campaigns, Automations, and Message Responsibility

You are responsible for reviewing, approving, and monitoring all campaigns, automations, templates, flows, and messages before they are sent to customers. Indescape provides tools for WhatsApp CRM, messaging, automation, and commerce workflows, but you remain responsible for the content, timing, recipients, legality, and consequences of all communications sent through your account.

This includes but is not limited to: broadcast campaigns, scheduled messages, flow-triggered messages, catalogue notifications, payment reminders, and any automated responses configured in your account.

8. Data Processing and DPDP Act

8.1 Your Responsibilities as Data Fiduciary

When you use Indescape to process your customers' personal data, you are acting as a Data Fiduciary under the DPDP Act 2023. You are solely responsible for:

• Obtaining valid, informed consent from your customers before uploading their data to Indescape or messaging them
• Honouring opt-out requests from your customers promptly (Indescape's STOP keyword system assists with this)
• Ensuring the lawfulness of your data collection and processing activities
• Maintaining your own privacy policy that discloses your use of WhatsApp and third-party platforms

8.2 Indescape as Data Processor

Indescape acts as a Data Processor on your behalf for your customers' data. Our data processing practices are described in our Privacy Policy and our DPDP Compliance page.

9. Intellectual Property

9.1 Indescape's IP

The Indescape platform, including its software, design, user interface, trademarks, and documentation, is the exclusive property of Indescape Technologies. These Terms do not grant you any intellectual property rights in the platform beyond a limited licence to use the service during your subscription period.

9.2 Your Content

You retain ownership of all data, content, and customer information you upload to or create within Indescape ("Your Content"). By using Indescape, you grant us a non-exclusive, limited licence to process Your Content solely to provide the service to you. We do not claim ownership of Your Content and will not use it for any other purpose.

9.3 Feedback

If you provide feedback, suggestions, or ideas about Indescape, you grant us a non-exclusive, perpetual, royalty-free right to use that feedback to improve the service, without any obligation to compensate you.

10. Disclaimer of Warranties

THE INDESCAPE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the service will be uninterrupted, error-free, or completely secure. Uptime availability targets (if any) are provided as goals, not guarantees. We are not liable for disruptions caused by Meta's WhatsApp Business API, Razorpay, internet service providers, or other third-party services outside our control.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, INDESCAPE TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL INDESCAPE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT YOU PAID TO INDESCAPE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

These limitations apply regardless of the legal theory (contract, tort, strict liability, etc.) and even if Indescape has been advised of the possibility of such damages.

12. Termination

12.1 Termination by You

You may cancel your Indescape subscription at any time from your account Settings. Cancellation takes effect at the end of the current billing cycle. You retain access to the platform until the billing cycle ends.

12.2 Termination by Indescape

We may suspend or terminate your account with immediate effect if you violate these Terms, particularly the Acceptable Use Policy or Meta's WhatsApp Business Policy. For other breaches, we will provide 7 days' notice before termination where reasonably practicable.

12.3 Effect of Termination

Upon termination, your access to the platform ceases and your data will be deleted within 30 days (billing records retained per legal requirements). Please export your data before cancelling. Indescape is not responsible for data loss if you fail to export before account closure.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The Information Technology Act 2000 (as amended), the Digital Personal Data Protection Act 2023, and the Consumer Protection Act 2019 apply where relevant.

13.2 Dispute Resolution

In the event of any dispute arising from these Terms or your use of Indescape, the parties agree to first attempt resolution through good-faith negotiation. Please contact us at hello@indescape.com to initiate this process.

13.3 Jurisdiction

If negotiation fails to resolve the dispute within 30 days, both parties submit to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India, for resolution of any disputes.

13.4 Class Action Waiver

You agree to resolve disputes with Indescape individually and not as part of a class action or representative proceeding, to the extent permitted by applicable Indian law.