Terms of Service
1. Agreement
These terms form an agreement between PRETIOSUS and the business or individual using the platform (the "Customer"). By creating an account or using the platform, the Customer accepts these terms. If you are accepting on behalf of an organisation, you confirm you are authorised to bind that organisation.
2. The service
PRETIOSUS provides a platform that receives, organises and displays inbound WhatsApp conversations for a Customer's business, and allows the Customer's authorised staff to reply to them. The Customer connects its own WhatsApp Business Account; the account and the business number remain the Customer's.
The platform integrates with the WhatsApp Business Platform. PRETIOSUS is an independent product and is not affiliated with, endorsed by, or sponsored by Meta or WhatsApp. The Customer is responsible for complying with the terms and policies applicable to its own WhatsApp Business Account, and availability of the platform depends in part on that third-party platform.
3. Accounts and Customer responsibilities
- The Customer is responsible for the accuracy of the information it provides and for keeping account credentials secure.
- The Customer is responsible for the acts and omissions of its authorised users.
- The Customer must promptly notify PRETIOSUS of any suspected unauthorised access to its account.
- The Customer must ensure it has a lawful basis for processing the personal data it handles through the platform, including any consent required from the individuals who message it.
4. Acceptable use
The platform is provided for managing inbound conversations — that is, replying to people who have contacted the Customer's business first. The Customer agrees to use it only for that purpose and in compliance with applicable law.
4.1 Prohibited uses
The Customer must not use the platform:
- For cold outreach. Contacting individuals who have not previously messaged or otherwise consented to be contacted by the Customer's business is prohibited.
- For bulk or unsolicited messaging. Sending unsolicited messages to lists of recipients, broadcasting promotional content to non-consenting recipients, or any comparable mass-messaging activity is prohibited.
- With unlawfully obtained contact data. Uploading, importing or messaging contacts obtained from purchased, rented, scraped or otherwise unlawfully sourced lists is prohibited.
- For any unlawful purpose, including fraud, harassment, impersonation, distribution of malware, infringement of intellectual property rights, or any activity that violates applicable Indian law.
- To circumvent technical or contractual limits, including attempting to gain unauthorised access to the platform or to other customers' data, probing or testing its security without authorisation, or interfering with its normal operation.
- To resell or make the platform available to third parties outside the Customer's own business without our written agreement.
4.2 Enforcement
PRETIOSUS may suspend or terminate access where it reasonably believes these terms have been breached, where continued use presents a security or legal risk, or where required by law or by the operator of the WhatsApp Business Platform. Where practicable we will give notice and an opportunity to remedy the breach.
5. Customer data
As between the parties, the Customer owns the data it and its customers submit through the platform. PRETIOSUS processes that data to provide the service, on the Customer's instructions, as described in our privacy policy. The Customer may request deletion of its data in accordance with that policy and the data request page.
6. Fees
Fees, billing frequency and payment terms are those agreed in writing between PRETIOSUS and the Customer. Unless stated otherwise, fees are exclusive of applicable taxes, which the Customer is responsible for.
7. Availability and support
We aim to keep the platform available and working correctly, but it is provided without a guarantee of uninterrupted availability unless a separate written service level agreement is in place. Availability may be affected by scheduled maintenance, by factors outside our control, and by the availability of the WhatsApp Business Platform.
8. Disclaimers
Except as expressly stated in these terms and to the fullest extent permitted by applicable law, the platform is provided "as is" and "as available", and PRETIOSUS disclaims all other warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. PRETIOSUS does not warrant that the platform will be error-free or that every message will be delivered, since delivery depends on third-party systems and on the recipient.
9. Limitation of liability
To the fullest extent permitted by applicable law, PRETIOSUS shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity or data, arising out of or in connection with the use of or inability to use the platform, whether based in contract, tort or any other legal theory, even if advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the total aggregate liability of PRETIOSUS arising out of or in connection with these terms shall not exceed the total fees paid by the Customer to PRETIOSUS in the twelve months immediately preceding the event giving rise to the claim.
Nothing in these terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud.
10. Indemnity
The Customer agrees to indemnify PRETIOSUS against claims, losses and reasonable costs arising from the Customer's breach of these terms, its unlawful use of the platform, or its handling of personal data in breach of applicable law.
11. Term and termination
Either party may terminate the agreement in accordance with the terms agreed between them or, where no term has been agreed, on reasonable written notice. On termination, the Customer's right to access the platform ends, and Customer data is dealt with as described in the privacy policy. Clauses which by their nature should survive termination will do so.
12. Changes to these terms
We may update these terms. Where a change materially affects the Customer's rights or obligations, we will give notice through the contact details held on the account before it takes effect. Continued use after that date constitutes acceptance.
13. Governing law and jurisdiction
These terms are governed by the laws of India. The courts at Ernakulam, Kerala, India shall have jurisdiction over any dispute arising out of or in connection with these terms, subject to any mandatory rights the Customer may have to bring proceedings elsewhere.
14. Contact
Questions about these terms may be sent to office@pretiosus.cc, or by post to:
PRETIOSUS3rd Floor, JC Chambers, V970 (Bldg No. 60/44),
Panampilly Nagar Avenue, Panampilly Nagar (Opp. Kairali Apartments),
Kochi, Ernakulam, Kerala 682036, India
office@pretiosus.cc · +91 79077 25350