Terms of Service

1. Acceptance of Terms

Welcome to SamparkPro. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ClungTech Solutions ("SamparkPro," "we," "us," or "our") governing your access to and use of the SamparkPro platform, including our website, applications, and services (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

To use SamparkPro, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal authority to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Operate a legitimate business or organization
• Comply with all WhatsApp Business policies and Meta's terms of service
• Provide accurate, current, and complete information during registration

By using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.2 Account Types

SamparkPro operates on a multi-tenant architecture with different account types:

• Vendor Accounts: Primary business accounts with their own WhatsApp Business Account (WABA) connections
• Staff Accounts: Team member accounts created by vendors with assigned roles and permissions
• Admin Accounts: Platform administration accounts (for authorized SamparkPro personnel only)

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay applicable fees
• Engage in fraudulent, illegal, or harmful activities
• Violate WhatsApp Business policies or Meta's terms
• Provide false or misleading information

4. Service Description and Availability

4.1 Service Overview

SamparkPro provides a WhatsApp Business API platform with features including:

• WhatsApp Business API integration and message management
• Contact relationship management (CRM)
• Campaign creation and broadcast messaging
• Marketing automation and chatbot workflows
• Analytics and reporting dashboard
• Multi-tenant vendor management
• Role-based access control and team collaboration

4.2 Service Availability

While we strive to provide 99.9% uptime, we do not guarantee uninterrupted access to the Service. The Service may be unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Third-party service disruptions (including WhatsApp/Meta)
• Force majeure events beyond our reasonable control

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We are not liable for any modification, suspension, or discontinuation of the Service.

5. Subscription Plans and Payment

5.1 Subscription Plans

SamparkPro offers various subscription plans (Starter, Professional, Enterprise) with different features and usage limits. Current pricing is available on our website and may be modified with 30 days' notice to existing subscribers.

5.2 Billing and Payment

• Subscription Fees: Billed monthly or annually based on your chosen plan
• Payment Method: You must provide a valid payment method and authorize automatic billing
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Failure: Service access may be suspended if payment fails; your account will be terminated if payment is not received within 15 days
• Taxes: Fees are exclusive of applicable taxes, which are your responsibility

5.3 WhatsApp Conversation Charges

In addition to SamparkPro subscription fees, you will be billed separately by Meta for WhatsApp conversation charges based on your usage. These charges are outside our control and subject to Meta's pricing and policies.

5.4 Refund Policy

• Free Trial: 14-day free trial available for new users (one per business)
• Monthly Plans: No refunds for partial months; service remains active until period end
• Annual Plans: Refundable within 30 days of initial purchase only
• Downgrades: Plan changes take effect at the next billing cycle

6. Acceptable Use Policy

You agree not to use the Service to:

• Send spam, unsolicited messages, or engage in mass messaging to users who have not opted in
• Violate WhatsApp Business Policy, Meta terms, or applicable laws and regulations
• Send illegal, fraudulent, defamatory, harassing, or harmful content
• Impersonate any person or entity or misrepresent your affiliation
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Scrape, harvest, or collect user data without permission
• Use the Service for any illegal purpose or to violate any laws
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the Service without explicit authorization
• Remove or obscure any proprietary notices or branding

7. WhatsApp Compliance and Best Practices

7.1 WhatsApp Business Policy Compliance

You must comply with all WhatsApp Business policies, including:

• Obtaining explicit opt-in consent before messaging users
• Respecting opt-out requests immediately
• Using approved message templates for business-initiated conversations
• Maintaining message quality to avoid phone number quality degradation
• Providing accurate business information in your profile
• Responding to customer messages within reasonable timeframes

7.2 Quality Rating

WhatsApp assigns quality ratings to phone numbers based on user feedback. Poor quality ratings can result in reduced messaging limits or account suspension. You are responsible for maintaining good quality ratings.

7.3 Message Templates

Template messages must be approved by WhatsApp before use. You are responsible for ensuring your templates comply with WhatsApp's template guidelines and policies.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including its design, features, code, content, and trademarks, is owned by ClungTech Solutions and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our explicit written permission.

8.2 Your Content

You retain ownership of all content you upload, create, or transmit through the Service ("Your Content"). By using the Service, you grant us a limited, worldwide, non-exclusive license to use, store, and process Your Content solely to provide and improve the Service.

8.3 Content Responsibility

You are solely responsible for Your Content and warrant that:

• You own or have the necessary rights to use and share Your Content
• Your Content does not infringe on third-party rights
• Your Content complies with applicable laws and these Terms

9. Data Protection and Privacy

Your use of the Service is also governed by our Privacy Policy. We process personal data in accordance with applicable data protection laws including GDPR and CCPA where applicable.

You are responsible for:

• Obtaining necessary consents from your contacts before collecting and processing their data
• Complying with applicable privacy and data protection laws in your jurisdiction
• Providing appropriate privacy notices to your contacts
• Handling data subject requests (access, deletion, etc.) for your contacts

10. Third-Party Services and Integrations

The Service integrates with third-party services including WhatsApp/Meta, payment processors, and analytics providers. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for third-party services or their availability.

11. Disclaimers and Limitations of Liability

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• Any errors or defects will be corrected
• The Service will meet your specific requirements

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMPARKPRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless SamparkPro, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service or violation of these Terms
• Your Content or activities on the platform
• Your violation of any laws or third-party rights
• Your violation of WhatsApp Business policies

13. Term and Termination

13.1 Term

These Terms remain in effect while you use the Service and until terminated by either party.

13.2 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination takes effect at the end of your current billing period.

13.3 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you violate these Terms or for any other reason at our sole discretion.

13.4 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• You may export your data within 30 days (if your account is in good standing)
• We may delete your data after the retention period specified in our Privacy Policy
• You remain liable for all fees incurred prior to termination
• Provisions that by their nature should survive termination shall remain in effect

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any dispute arising from these Terms or the Service shall be resolved through:

1. Good faith negotiation between the parties
2. If unresolved within 30 days, binding arbitration in Jaipur, Rajasthan, India
3. Arbitration shall be conducted in accordance with Indian Arbitration and Conciliation Act, 1996

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SamparkPro regarding the Service.

15.2 Modifications to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified via email. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor entity.

15.6 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or network failures.

15.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations when using the Service.

16. Contact Information

For questions about these Terms or the Service, please contact us:

• Email: legal@samparkpro.com
• Support: support@samparkpro.com
• Phone: +91 821 065 4334
• Address: ClungTech Solutions, Jaipur, Rajasthan, India

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