By using WhatsApp Business Solutions services provided by Exotel Techcom Private Limited ("Exotel"), you ("Customer") acknowledge that you have read, understood, and agreed to be bound by the following terms. If you do not agree to these terms, you must not access or use the services.
SCOPE OF SERVICES: Exotel, as an authorized distributor, provides access to WhatsApp Business Solutions ("Services"). Customer agrees to use these Services strictly for internal business purposes in compliance with applicable WhatsApp documentation and policies. Any changes to WhatsApp/Facebook policies will automatically apply to the Customer, and Customer shall be responsible for adhering to such updates.
ACCOUNT CREATION & REQUIREMENTS: To access the Services, the Customer must create a WhatsApp Business Account (WABA) and a Facebook Business Manager Account (FBMA). Customer agrees to provide accurate information and necessary documentation for verification by WhatsApp/Facebook and to comply with any additional verification requirements as mandated by WhatsApp/Facebook.
ACCEPTABLE USE POLICY: Customer agrees to:
Use the Services only for legitimate business purposes.
Adhere to WhatsApp’s terms, policies, and applicable data security laws.
Prevent unauthorized access, misuse, or breach of data privacy.
Assume full liability for any violations, fines, or penalties imposed by WhatsApp/Facebook due to Customer’s actions.
Exotel reserves the right to suspend or terminate Services in case of policy violations or if mandated by WhatsApp/Facebook.
TERMINATION OR SUSPENSION: WhatsApp/Facebook reserves the right to suspend or terminate Customer’s access at any time, and such actions shall be binding on the Customer.
MODIFICATIONS TO TERMS: Exotel and Facebook reserve the right to update the terms of the Agreement and this annexure, including making changes online. Continued use of the Services after such updates constitutes acceptance of the modified terms of the Agreement and this annexure. The Customer acknowledges that any changes made by WhatsApp/Facebook shall be automatically applicable.
ADDITIONAL TERMS APPLYING TO THE CUSTOMER ("YOU" OR "YOUR") FOR USE OF WHATSAPP BUSINESS SOLUTION OF FACEBOOK, INC. OR FACEBOOK IRELAND LIMITED, AS APPLICABLE ("FACEBOOK").
Terms related to use of WhatsApp Business Solution by Customer: In order to use the WhatsApp Business Solution you also agree to WhatsApp’s terms set forth in the WhatsApp Business Solution Terms (https://www.whatsapp.com/legal/business-solution-terms). You agree to use the WhatsApp Business Solution in compliance with (a) WhatsApp’s technical and product documentation (https://developers.facebook.com/docs/whatsapp/on-premises/guides), and any other related documentation provided by Facebook or WhatsApp (collectively "Documentation"); and (b) the WhatsApp Business Solution Policy (https://www.whatsapp.com/legal/business-solution-terms ).
WhatsApp Business Accounts: The WhatsApp Business Solution is comprised of a software client ("WhatsApp Business Client"), which you use to interact with messaging and other APIs ("WhatsApp Business APIs"), in order to send messages or use other available features to interact with other WhatsApp consumer users on the WhatsApp Business Solution. To use the WhatsApp Business Solution, Exotel shall create one or more WhatsApp business accounts (each, a "WABA"). To access the WhatsApp Business APIs, you must have a Facebook Business Manager account to link to your WABA.
During the setup of your WABA(s), you will appoint a system administrator(s) of your account who is responsible for managing your WhatsApp Business Client instance. You must ensure you have an active administrator at all times.
Facebook Accounts: Facebook is a distributor of the WhatsApp Business Solution, and WhatsApp works with Facebook to provide you various tools and features required to access the WhatsApp Business Solution, including:
Facebook Business Manager (management of fees, payment, business insights, analytics, message template creation, technical support)
Facebook for Developers (technical documentation)
When you link your Facebook Business Manager account(s) and Facebook for Developers account with your WABA, WhatsApp will provide to Exotel & Facebook your data, metrics, and other information related to your use of the WhatsApp Business Solution, in order for Exotel to bill your account, invoice you, receive payments from you, and provide you with business insights, analytics, technical documentation, and product and technical support. Facebook provides you with support for the WhatsApp Business Solution and endeavours to provide you initial acknowledgment no more than 4 hours following receipt of your request. The Facebook Terms (https://www.facebook.com/legal/terms) and the Facebook Commercial Terms (https://www.facebook.com/legal/commercial_terms) applicable to Facebook Business Manager and Facebook for Developers, and any other additional Facebook terms relevant for any other Facebook-provided services, govern your use of those services.
Rate Change: Exotel will have the right to update the applicable pricing and rate card as and when updated by Facebook, and changes to list prices and pricing rules will take effect the first day of the calendar month following such changes to the pricing and rate card.
Restrictions: With respect to any data you obtain from using the WhatsApp Business Solution, you must not directly or indirectly (a) use such data to track, build, or augment profiles on individual consumer users; (b) share, transfer, sell, license, or distribute such data, including any anonymous, aggregate, or derived forms of such data, to any third parties; or (c) retarget on or off of WhatsApp and the Facebook Companies’ services, use piggybacking or redirects, or combine that data with any other third-party sources of data. Exotel or Facebook may terminate your account and revoke your access immediately if Exotel/Facebook reasonably determine that you have breached these restrictions.
Termination for Convenience: Exotel may terminate your use of WhatsApp Business Solution at any time, for any or no reason, upon 30 days’ advance written notice to you, subject to a wind-down period of up to 3 months following the effective date of the termination, during which time you will still be responsible for payment of all fees incurred and all other obligations related to your use or WhatsApp Business Solution during the wind-down period for use of the WhatsApp Business APIs. You may also terminate WhatsApp Business Solution at any time, for any or no reason, upon 30 days’ advance written notice to Exotel. If you exercise your right to terminate for convenience, there will be no wind-down period.
Suspension and Termination: Exotel may immediately suspend your access to the WhatsApp Business APIs or solution if you breach the Agreement (including any terms or policies incorporated by reference) if the breach is not curable and if curable then the same is not cured even after 15 days of receipt of notice, or if such action is necessary to comply with applicable laws or to prevent harm to the security, stability, availability, or integrity of Exotel, Facebook, WhatsApp, and the other Facebook Companies. Termination of WhatsApp Business Solution will result in termination of your access to the WhatsApp Business APIs. Upon termination, Exotel will remove your access to the WhatsApp Business APIs, and you also agree to delete promptly the WhatsApp Business Client and any related software code.
Deletion of Your Data: Upon termination of WhatsApp Business Solution, except for data that Exotel retains for a period of 60 days, Exotel will delete any data related to the WhatsApp Business Solution from your WABA, Facebook Business Manager account and your Facebook for Developers account, except for data that may be retain for a limited amount of time as required by law or best practices related to financial, tax, operational record-keeping, or audits; however, you understand that deleted content may persist in backup copies for a reasonable period of time while deletion is carried out.