Terms of Service

SK Brand Tech - WhatsApp Business Solutions & Digital Marketing

1. Acceptance of Terms

Welcome to SK Brand Tech ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our WhatsApp Business API integration services, digital marketing solutions, software platforms, and website (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

2. Definitions

• "Client" or "You": The individual or entity using our Services
• "End Users": Patients, customers, or recipients of messages sent through our platform
• "Platform": SK Brand Tech's WhatsApp Business API integration system and dashboard
• "Content": Messages, media, templates, and data transmitted through our Services
• "Authorized Users": Individuals authorized by you to access your account

3. Service Description

3.1 Services Offered

SK Brand Tech provides:

• WhatsApp Business API integration and management
• Automated messaging solutions for healthcare providers
• Patient communication systems (appointment reminders, lab reports, etc.)
• Marketing campaign management via WhatsApp
• Digital marketing services for healthcare businesses
• Hospital management software (Digi Heaven)
• Analytics and reporting tools

3.2 Service Availability

We strive to maintain 99.5% uptime but do not guarantee uninterrupted service. We reserve the right to modify, suspend, or discontinue any part of the Services with reasonable notice.

4. Eligibility and Account Registration

4.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Operate a legitimate business or organization
• Comply with all applicable laws and regulations

4.2 Account Registration

You must provide accurate, current, and complete information during registration. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your Authorized Users comply with these Terms

5. Use of Services

5.1 Permitted Use

You may use our Services for:

• Legitimate business communications with consenting recipients
• Healthcare appointment reminders and notifications
• Customer support and service inquiries
• Marketing to opted-in recipients
• Transactional messages (order confirmations, delivery updates, etc.)

5.2 Prohibited Use

You agree NOT to:

• Send spam, unsolicited messages, or bulk messages without consent
• Transmit illegal, harmful, or offensive content
• Violate WhatsApp Commerce Policy or Terms of Service
• Impersonate others or misrepresent your identity
• Harvest or collect user data without permission
• Use the Services for fraudulent purposes
• Interfere with or disrupt the Services
• Reverse engineer or attempt to extract source code
• Resell or redistribute the Services without authorization
• Send messages containing malware, viruses, or harmful code

6. WhatsApp Business API Terms

6.1 Meta's Terms

Your use of WhatsApp Business API through our platform is also governed by:

• WhatsApp Terms of Service
• WhatsApp Business Terms
• WhatsApp Commerce Policy
• Meta Business Tools Terms

You must comply with all WhatsApp/Meta policies. Violations may result in suspension or termination of service.

6.2 Message Guidelines

• Obtain explicit consent before sending messages
• Provide clear opt-out mechanisms
• Respect 24-hour messaging window for non-template messages
• Use approved message templates for business-initiated conversations
• Maintain message quality score to avoid restrictions

7. Fees and Payment

7.1 Payment Processing

All payments are processed securely through Razorpay, our PCI-DSS compliant payment gateway partner. By using our Services, you agree to Razorpay's terms and privacy policy.

7.2 Pricing

Fees are based on your selected service plan and include:

• Monthly subscription fees
• Per-conversation charges (as per Meta's WhatsApp pricing)
• Additional feature charges (if applicable)
• Setup and onboarding fees (one-time)

7.3 Payment Terms

• Payments are due in advance unless otherwise agreed
• Subscriptions auto-renew unless canceled
• All fees are non-refundable unless otherwise stated (see our Payment & Refund Policy)
• Late payments may incur additional charges (₹500 or 5% of invoice)
• We reserve the right to suspend service for non-payment after 3 days grace period

7.4 Taxes

You are responsible for all applicable taxes. Fees quoted are exclusive of GST (18%) and other taxes unless stated otherwise. GST will be charged as per Indian tax laws (CGST+SGST for Maharashtra, IGST for other states).

7.5 Accepted Payment Methods

We accept payments via Razorpay including:

• Credit/Debit Cards (Visa, Mastercard, RuPay, Amex)
• Net Banking (50+ banks)
• UPI (Google Pay, PhonePe, Paytm, BHIM)
• Digital Wallets (Paytm, PhonePe, Amazon Pay)
• EMI options (3, 6, 9, 12 months)

7.6 Payment Security

We do not store your complete payment card details. All payment information is securely processed and stored by Razorpay in compliance with PCI-DSS standards.

8. Content and Data

8.1 Your Content

You retain ownership of all content you submit through our Services. By using our Services, you grant us a license to:

• Process and transmit your content to deliver the Services
• Store your content on our servers
• Create backups of your content
• Use anonymized data for analytics and service improvement

8.2 Content Responsibility

You are solely responsible for:

• The accuracy and legality of your content
• Obtaining necessary rights and permissions
• Ensuring compliance with applicable laws
• Consequences arising from your content

8.3 Prohibited Content

You may not transmit content that:

• Violates intellectual property rights
• Contains false or misleading information
• Promotes illegal activities
• Is defamatory, obscene, or offensive
• Contains personal health information without proper consent
• Violates patient confidentiality

9. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.1 Data Processing

We act as a data processor for client data. You remain the data controller and are responsible for:

• Obtaining user consent for data collection and processing
• Complying with data protection laws (GDPR, DISHA, IT Act, etc.)
• Providing privacy notices to end users
• Handling data subject requests

9.2 Healthcare Data

For healthcare clients handling patient data:

• Obtain proper patient consent before sending messages
• Implement appropriate safeguards for protected health information
• Comply with applicable healthcare privacy regulations
• Maintain business associate agreements (if required)

10. Intellectual Property

10.1 Our IP Rights

All rights, title, and interest in the Services, including software, designs, trademarks, and proprietary technology, belong to SK Brand Tech. You may not:

• Copy, modify, or create derivative works
• Reverse engineer or decompile our software
• Use our trademarks without permission
• Remove or alter proprietary notices

10.2 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation or compensation to you.

11. Warranties and Disclaimers

11.1 Limited Warranty

We warrant that the Services will perform substantially as described in our documentation under normal use.

11.2 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy or completeness of content
• Security of data transmission

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Liability Cap

Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

12.2 Excluded Damages

We are not liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Business interruption
• Loss of goodwill or reputation
• Third-party claims
• Actions of third-party service providers (including Meta/WhatsApp)

13. Indemnification

You agree to indemnify, defend, and hold harmless SK Brand Tech, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your content or data
• Violation of these Terms
• Violation of applicable laws or third-party rights
• Actions of your Authorized Users

14. Term and Termination

14.1 Term

These Terms commence when you first use the Services and continue until terminated.

14.2 Termination by You

You may terminate at any time by:

• Canceling your subscription through the dashboard
• Contacting customer support
• Providing 30 days written notice

14.3 Termination by Us

We may suspend or terminate your access immediately if:

• You violate these Terms
• You fail to pay fees
• Your account is involved in fraudulent activity
• Required by law or regulatory authority
• WhatsApp/Meta suspends your access

14.4 Effect of Termination

• Access to Services will cease immediately
• Outstanding fees remain due
• We may delete your data after 30 days (unless required by law)
• Certain provisions survive termination (payment, liability, etc.)

15. Modifications to Services and Terms

15.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Services with reasonable notice.

15.2 Terms Changes

We may update these Terms periodically. Material changes will be notified via:

• Email to your registered address
• Notice in the dashboard
• Website announcement

Continued use after changes constitutes acceptance of the modified Terms.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good faith negotiations to resolve disputes.

16.2 Governing Law

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of courts in Nashik, Maharashtra, India.

16.3 Arbitration

If negotiations fail, disputes may be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and SK Brand Tech.

17.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

17.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

17.6 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, agency, or employment relationship.

18. Contact Information

For questions about these Terms, please contact us:

19. Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.