Terms & Conditions

1. Acceptance of terms

By creating an EngagePro workspace, clicking "I agree," or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are agreeing on behalf of a company, you represent that you have authority to bind that company, in which case "you" refers to that company.

2. The service

EngagePro is a multi-tenant software-as-a-service platform that allows registered business clients to connect their own WhatsApp Business Account and send WhatsApp messages, automated flows, and broadcasts to their customers, manage leads and conversations, and access related tools such as templates, analytics, and AI-assisted replies (the "Service"). Each Tenant operates within an isolated workspace and is solely responsible for the data, contacts, and messages within their workspace.

3. Accounts & registration

• You must provide accurate, current, and complete information when registering and keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must notify us promptly of any unauthorized use of your account.
• Workspace owners may invite team members and are responsible for the actions of users they invite.
• You must be legally able to enter into a binding contract to register an account.

4. Subscriptions & billing

• Access to the Service is provided on a subscription basis, with plans and features as displayed on our pricing page at the time of purchase.
• Subscription fees are billed in advance on a recurring (monthly or annual) basis and processed through our payment partner, Razorpay.
• Some plans may include a free trial. At the end of the trial, your subscription will begin unless you cancel before the trial ends.
• Fees are non-refundable except where required by law or expressly stated otherwise, including in any applicable refund policy communicated to you.
• We may change subscription pricing on renewal with reasonable prior notice.
• Failure to pay may result in suspension or downgrade of your account until payment is resolved.
• You are responsible for any taxes, duties, or similar charges applicable to your subscription.

5. Messaging & usage-based pricing

In addition to subscription fees, use of the WhatsApp Business Platform may incur per-conversation or per-message charges set by Meta/WhatsApp, which we may pass through to you, together with any applicable platform fee, as reflected in your plan or dashboard at the time of sending. Message and conversation pricing is subject to change by Meta without our control, and we will make reasonable efforts to reflect current rates in the platform. You are responsible for monitoring your usage and remaining balance where applicable, and for any charges incurred from messages sent through your workspace, including by team members you invite.

6. Acceptable use

You agree not to use the Service to:

• Send unsolicited, spam, deceptive, or fraudulent messages, or messages to contacts who have not consented to be messaged.
• Send content that is illegal, defamatory, obscene, hateful, discriminatory, or that infringes any third party's intellectual property or privacy rights.
• Distribute malware, attempt to gain unauthorized access to any system, or interfere with the Service's operation or security.
• Violate WhatsApp's, Meta's, or any other integrated third party's applicable terms and policies.
• Resell, sublicense, or provide the Service to third parties as a competing service without our written consent.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law.

We may investigate and take appropriate action, including suspending or terminating accounts, for any use that violates this section.

7. WhatsApp & consent compliance

You are solely responsible for obtaining and maintaining valid opt-in consent from every contact you message through EngagePro, and for complying with the WhatsApp Business Messaging Policy, Meta's Business Terms, and all applicable data protection, telecommunications, and anti-spam laws (including any consent, opt-out, and record-keeping requirements). EngagePro is not responsible for messages sent by you or your team, and Meta or WhatsApp may independently restrict, rate-limit, or ban a phone number or WhatsApp Business Account for policy violations, which may affect your ability to use the Service, without liability to EngagePro.

8. Content & ownership

You retain ownership of all data, contacts, messages, templates, and knowledge-base content you upload to your workspace ("Customer Content"). You grant EngagePro a limited license to host, process, and transmit Customer Content solely to provide and improve the Service. We retain all rights, title, and interest in the Service itself, including its software, design, and trademarks. Nothing in these Terms transfers any EngagePro intellectual property to you.

9. Third-party services

The Service integrates with third-party platforms such as Meta/WhatsApp and Razorpay. Your use of those integrations is also subject to the applicable third party's terms and policies. We are not responsible for the availability, performance, or actions of third-party services, and any outage or policy change by those providers may affect the Service.

10. Suspension & termination

• You may cancel your subscription at any time through your account settings; cancellation takes effect at the end of the current billing period unless stated otherwise.
• We may suspend or terminate your access, with or without notice, for breach of these Terms, non-payment, suspected fraud or abuse, or if required to comply with law or a third-party platform's policies.
• Upon termination, your right to use the Service ends immediately. We may retain or delete Customer Content in line with our Privacy Policy and applicable law.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation. We do not guarantee message delivery, deliverability rates, or approval of message templates, as these depend in part on Meta/WhatsApp.

12. Limitation of liability

To the maximum extent permitted by law, EngagePro and Brightnous shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Service. Our aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless EngagePro, Brightnous, and their officers, employees, and affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your Customer Content, your violation of these Terms, or your violation of any law or third-party right, including WhatsApp's consent and messaging requirements.

14. Governing law & disputes

These Terms are governed by the laws of India, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Hyderabad, Telangana, India, unless otherwise required by applicable law.

15. Changes to these terms

We may revise these Terms from time to time. Material changes will be notified via the dashboard or by email at least a reasonable period before they take effect. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

16. Contact us

Questions about these Terms can be sent to:

• Email: support@brightnous.com
• Phone: 8886902098
• Address: H.No 5-10/36/A/1, Suraksha Habitate, Ameenpur, Hyderabad, Telangana, 502032, India