Terms of Service

1. Acceptance of Terms

By accessing or using Gusion Chat (the "Service"), you agree to be bound by these Terms of Service ("Terms"). The Service is operated by Om Softwares, a technology company registered in Punjab, India ("we", "us", or "Om Softwares"). If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following any updates constitutes acceptance of the revised Terms.

2. Services

Gusion Chat provides a cloud-based WhatsApp Business API platform that enables businesses to send and receive WhatsApp messages, manage customer conversations in a shared inbox, run broadcast campaigns, build no-code automation workflows, and access analytics — all through a web interface or REST API.

The Service relies on infrastructure provided by Meta Platforms, Inc. ("Meta") through its WhatsApp Business API and on third-party BSP (Business Solution Provider) partners. Availability, message delivery rates, and platform capabilities are therefore also subject to Meta's policies and technical decisions, which are outside our control.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice, except where required to comply with applicable law, in which case notice may not be possible.

3. Accounts & Registration

To use the Service you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

• You must be at least 18 years old and have legal capacity to enter into a binding contract.
• You must not create an account on behalf of another person without their authorization.
• You must promptly notify us of any unauthorized use of your account at sales@omsoftwares.in.
• We may refuse registration or cancel accounts at our discretion, including where we have reason to believe the information provided is inaccurate or that the account will be used in violation of these Terms.

4. WhatsApp API Usage

Use of the WhatsApp Business API through our platform is subject to WhatsApp's Business Policy and Meta's Platform Terms. By using the Service you agree to comply with those policies in addition to these Terms.

5. Acceptable Use

You agree not to use the Service to:

• Send spam, unsolicited bulk messages, or messages without valid recipient consent.
• Distribute malware, phishing links, fraudulent content, or any material that is illegal, harmful, abusive, harassing, defamatory, or obscene.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Violate any applicable law, including consumer-protection laws, anti-spam legislation, data-protection laws, or intellectual-property rights.
• Engage in any activity that could damage, disable, overburden, or impair the Service or its underlying infrastructure.
• Attempt to gain unauthorized access to any portion of the Service or to any other systems or networks connected to the Service.
• Resell or sublicense access to the Service without our explicit written permission.
• Use the Service in industries or for use-cases that Meta explicitly prohibits, including but not limited to certain financial products, gambling, adult content, weapons, or drugs.

We reserve the right to immediately suspend or terminate your account if we determine, in our sole discretion, that you have violated this section.

6. Payment & Billing

Access to paid features requires a subscription or wallet top-up depending on your plan. All fees are in Indian Rupees (INR) and are exclusive of applicable taxes (GST). We will collect GST where required by law.

• Platform fees cover access to the Gusion Chat dashboard, automation, inbox, and API features as defined in your plan.
• WhatsApp conversation charges are set by Meta and passed through at cost. These are separate from platform fees.
• Subscriptions renew automatically unless cancelled before the renewal date.
• Prepaid wallet credits expire as described on the pricing page and are non-refundable once consumed.
• We reserve the right to modify pricing with 30 days' written notice. Continued use after the notice period constitutes acceptance of the new pricing.
• Chargebacks or disputed payments may result in immediate account suspension pending resolution.

Refund requests must be submitted within 7 days of the charge. Refunds are granted at our discretion and will not be provided for services already rendered or for WhatsApp conversation charges already incurred.

7. Intellectual Property

All software, design, text, graphics, logos, and other content comprising the Service are owned by or licensed to Om Softwares and are protected by applicable intellectual-property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for your internal business purposes in accordance with these Terms.

You retain ownership of all data and content you submit to the Service ("Customer Data"). By submitting Customer Data, you grant us a limited licence to process and store it solely to provide and improve the Service.

8. Data & Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your collection and use of end-user data through the Service complies with all applicable data-protection laws, including the Digital Personal Data Protection Act, 2023 (DPDP Act) and, where applicable, the General Data Protection Regulation (GDPR).

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not guarantee message delivery rates, template approval outcomes, or continued availability of any WhatsApp API feature. These depend on Meta's infrastructure and policies.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OM SOFTWARES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM OR (B) INR 5,000.

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages, so the above limitations may not apply to you in full. In such jurisdictions our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Om Softwares and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Customer Data; (c) your violation of any applicable law or third-party right; or (d) your messaging activities, including any claim by an end-user that they did not consent to receive your messages.

12. Termination

Either party may terminate these Terms at any time. You may cancel your account from the dashboard settings. We may suspend or terminate your account immediately, without prior notice, if we determine that you have violated these Terms, applicable law, or Meta's policies, or if your account poses a security or reputational risk.

Upon termination, your right to use the Service ceases immediately. We will retain your Customer Data for up to 90 days after termination (or as required by law), after which it will be deleted. Provisions that by their nature should survive termination — including payment obligations accrued before termination, disclaimers, limitations of liability, indemnification, and governing law — shall survive.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Rupnagar (Ropar), Punjab, India.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or by a prominent notice within the Service at least 14 days before the changes take effect (or immediately where required by law or by Meta's policy changes). Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

15. Contact

For questions about these Terms, please contact us: