Terms of Service

The binding agreement governing your use of Azmarq's platform, APIs, and communications services.

Draft for legal review. Review-ready template for Azmarq Technovation Pvt. Ltd. Not legal advice. Confirm all [PLACEHOLDER] values and have counsel review liability caps, indemnities, and the governing-law and dispute-resolution clauses before publishing.

1. Introduction and acceptance

What these Terms are and how they take effect.

These Terms of Service ("Terms") form a binding agreement between Azmarq Technovation Pvt. Ltd. ("Azmarq", "we", "us") and the person or entity accessing our services ("Customer", "you"). By registering for an account, accessing our websites, or using our platform, APIs, or communications services (together, the "Services"), you agree to these Terms. If you accept on behalf of an organisation, you represent that you are authorised to bind it. Additional service-specific or channel-specific terms (for example, for WhatsApp, RCS, SMS, voice, or email) form part of this agreement where applicable, as may an executed Master Service Agreement, which prevails over these Terms in the event of conflict.

2. The Services

What we provide.

Azmarq Technovation Pvt. Ltd. (India) provides a CPaaS platform and related products enabling the transmission and management of business communications and customer engagement, including:

• Channels: WhatsApp Business API, Google RCS, Messaging SMS (including enterprise SMPP), Voice 360, and Email Marketing
• Acquisition & commerce: Click-to-WhatsApp Ads (CTWA), WhatsApp Commerce features
• Data & orchestration: My CDP, Customer Journeys, Drip Campaigns, Fallback Solutions
• Operations & AI: Unified Inbox, AI Agent Studio, and related dashboards and developer APIs

Features, channels, and availability may change as the platform evolves. Certain channels are provided in cooperation with third parties (including Meta as our WhatsApp Business Solution Provider) and are additionally subject to those third parties' policies. Product- and channel-specific terms are set out in our Service-Specific Terms. Use of AI features is also subject to our AI & Automated Processing Policy. Intellectual property ownership is summarised in our Intellectual Property Notice.

3. Accounts, credentials, and security

Your responsibilities for your account.

You must provide accurate registration information and keep it current. You are responsible for maintaining the confidentiality of your credentials and API keys, for all activity under your account, and for configuring available security controls. Notify us promptly of any unauthorised use. We may suspend access where we reasonably believe an account is compromised or being used in breach of these Terms.

4. Acceptable use and compliance

The rules that govern how you may use the Services.

Your use of the Services is subject to our Acceptable Use Policy, our Anti-Spam & Messaging Compliance Policy, and our Service-Specific Terms, each incorporated by reference. You are responsible for ensuring that all content you transmit and all recipient data you provide comply with applicable law, including obtaining valid consent from recipients, honouring opt-outs, and complying with TRAI regulations and DLT registration requirements for Indian traffic, sender-ID and template rules, and the policies of the relevant channels and operators. You must not use the Services to send spam, unlawful, fraudulent, deceptive, or harmful content.

5. Customer content and data protection

Ownership of your data and how we handle it.

As between the parties, you retain all rights in the content and data you submit ("Customer Content"). You grant us the limited rights necessary to transmit, process, and deliver it and to provide the Services. Where we process personal data on your behalf, we do so as a Data Processor under our Data Processing Agreement and Privacy Policy. Retention of Customer Content is described in our Data Retention Policy. You are responsible for having a lawful basis to collect and share recipient data with us.

6. Charges, payment, and taxes

How billing works.

You agree to pay the fees for the plans and usage you consume, per the applicable pricing, order form, or MSA. Unless stated otherwise, messaging is billed on a consumption basis and prepaid balances are drawn down as messages are submitted. Fees are exclusive of applicable taxes (including GST), which you are responsible for. Late or failed payments may result in suspension. Refunds and cancellations are governed by our Refund & Cancellation Policy.

7. Service availability and support

What we commit to on uptime and support.

We aim to provide the Services with high availability and will use commercially reasonable efforts to maintain them, subject to scheduled maintenance and factors outside our control (including third-party networks and operators). Service levels and support commitments, where offered, are set out in our Service Level Agreement. We may modify, suspend, or discontinue features with reasonable notice where practicable.

8. Third-party channels and dependencies

Reliance on operators and platform partners.

Delivery of communications depends on telecom operators, aggregators, and channel providers whose networks and policies are outside our control. We are not responsible for delays, failures, filtering, or blocking attributable to such third parties, or for changes to their terms, pricing, or availability.

9. Intellectual property

Who owns what.

Azmarq and its licensors own all rights in the platform, software, documentation, and brand, as further described in our Intellectual Property Notice. We grant you a limited, non-exclusive, non-transferable right to use the Services during the term. You must not copy, reverse-engineer, resell, or create derivative works except as expressly permitted. Reseller or partner use requires a written partner agreement with Azmarq.

10. Confidentiality

Protecting each other's confidential information.

Each party will protect the other's confidential information with reasonable care and use it only to perform under this agreement, except where disclosure is required by law.

11. Warranties and disclaimers

The limits of what we promise.

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation or guaranteed delivery of any message.

12. Limitation of liability

The cap on each party's exposure.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our aggregate liability arising out of or related to the Services is limited to the amounts paid by you to Azmarq in the [twelve (12)] months preceding the event giving rise to the claim. [Confirm cap and any carve-outs with counsel.]

13. Indemnification

Who covers whom for third-party claims.

You will indemnify and hold Azmarq harmless from claims, damages, and costs arising from your Customer Content, your use of the Services in breach of these Terms or applicable law, or your violation of third-party rights.

14. Term, suspension, and termination

How the agreement starts and ends.

These Terms apply while you use the Services. We may suspend or terminate access for breach (including of the Acceptable Use or Anti-Spam policies), non-payment, or legal or security reasons. You may stop using the Services at any time. On termination, your right to use the Services ceases; provisions that by nature survive (including payment, confidentiality, IP, liability, and indemnity) continue.

15. Force majeure

Events beyond reasonable control.

Neither party is liable for failure or delay caused by events beyond its reasonable control, including outages of telecom networks or channel providers, acts of government, natural events, or cyber-attacks.

16. Changes to the Terms

How we update these Terms.

We may update these Terms from time to time. Material changes take effect on the "Last updated" date, and continued use constitutes acceptance. Please review periodically.

17. Governing law and dispute resolution

The law that applies and how disputes are resolved.

These Terms are governed by the laws of India. Subject to any arbitration provision in an executed MSA, the courts at [Delhi / relevant jurisdiction] have exclusive jurisdiction. [Confirm whether disputes are to be resolved by arbitration and specify seat, rules, and language with counsel.]

18. General

Miscellaneous provisions.

If any provision is held invalid, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. These Terms, together with the incorporated policies and any MSA or order form, constitute the entire agreement.

19. Contact

How to reach us.

Azmarq Technovation Pvt. Ltd., B012, 1st Floor, Tower B, ATS Bouquet, Sector 132, Noida, Uttar Pradesh, India 201304. Email: legal@azmarq.com.