Acceptance of Terms
These Terms of Service govern your access to and use of Prosematic, operated by MarkSimpl Innovations Private Limited. By accessing or using the service, you agree to be bound by these Terms on behalf of yourself and, where applicable, the organization you represent.
If you are using the service on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.
Eligibility
You must be legally capable of entering into a binding agreement to use the service. You may not use Prosematic if your use is prohibited by applicable law or if your access has been suspended or terminated by us.
Services
Prosematic provides software and related services for integrating WhatsApp Business accounts and supporting customer conversations, campaign execution, contact management, reporting, and operational workflows.
We may add, change, suspend, or discontinue features from time to time.
Accounts
You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
You must provide accurate information and keep your account details up to date.
You must promptly notify us of any unauthorized use or security incident involving your account.
You are responsible for all activity that occurs under your account and for ensuring that each user in your workspace uses the service in accordance with these Terms.
Customer Responsibilities
You are responsible for your use of the service, your team members, your connected integrations, and all content or data submitted through your workspace.
You must ensure that your messaging, campaigns, contact lists, and data practices comply with applicable laws, industry rules, and third-party platform requirements, including WhatsApp Business and Meta policies.
You must obtain any permissions, opt-ins, or notices required for marketing, outreach, and customer communications.
You are solely responsible for determining whether Prosematic is appropriate for your business requirements and legal obligations, including obligations relating to privacy, consumer protection, direct marketing, telecommunications, and record retention.
Acceptable Use
You agree not to:
- Use the service for unlawful, deceptive, abusive, or harmful activity.
- Send spam, violate consent requirements, or use unauthorized contact data.
- Interfere with the integrity, security, or availability of the service.
- Reverse engineer, copy, scrape, or misuse the service except as expressly permitted by law.
- Upload or transmit malware, infringing content, or material that violates another party's rights.
Third-Party Services
Prosematic may interoperate with third-party products and APIs, including WhatsApp Business related platforms. Your use of those third-party services is governed by their own terms, policies, and availability.
We are not responsible for third-party services, data practices, outages, or platform decisions outside our control.
Fees and Payment
If you purchase paid services, you agree to pay all fees, charges, taxes, and other amounts applicable to your subscription, plan, or use of the service.
Unless otherwise agreed in writing, fees are due as invoiced or as presented through the applicable billing flow and are non-refundable except to the extent required by law.
Intellectual Property
Prosematic and its related content, software, branding, and materials are owned by MarkSimpl Innovations Private Limited or its licensors and are protected by applicable intellectual property laws.
Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the service for your internal business purposes.
Customer Data
As between you and Prosematic, you retain your rights in the data and content you submit to the service.
You grant Prosematic the rights reasonably necessary to host, copy, process, transmit, display, analyze, and otherwise use customer data solely to provide, maintain, support, secure, and improve the service, and to comply with applicable law.
You represent and warrant that you have all rights, permissions, and authority necessary for customer data to be collected, used, and processed in connection with the service.
Confidentiality
If either party receives non-public information from the other that is identified as confidential or that should reasonably be understood to be confidential, the receiving party will use reasonable care to protect that information and will use it only as reasonably necessary to perform under these Terms, except where disclosure is required by law.
Suspension and Termination
We may suspend or terminate access to the service if we reasonably believe you have violated these terms, created security risk, failed to pay fees when due, or if continued access could expose us, other users, or third parties to harm or liability.
You may stop using the service at any time.
Upon termination or expiration, your right to use the service will cease immediately, except to the extent otherwise required by law or agreed in writing. Provisions that by their nature should survive termination will survive, including provisions relating to ownership, payments, disclaimers, limitations of liability, indemnity, confidentiality, and dispute resolution.
Disclaimers and Liability
The service is provided on an as-is and as-available basis to the maximum extent permitted by law.
To the maximum extent permitted by law, MarkSimpl Innovations Private Limited and its affiliates, officers, employees, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, goodwill, data, or business opportunities arising out of or related to the service.
To the maximum extent permitted by law, our aggregate liability arising out of or relating to the service and these Terms will not exceed the amounts paid or payable by you to Prosematic for the service giving rise to the claim during the twelve months preceding the event giving rise to liability.
Indemnity
You agree to defend, indemnify, and hold harmless MarkSimpl Innovations Private Limited and its affiliates, directors, officers, employees, and agents from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to your use of the service, your customer data, your communications with end users, your violation of these Terms, or your violation of applicable law or third-party rights.
Governing Law
These terms are governed by the laws of India. Subject to applicable law, courts located in Bengaluru, Karnataka will have exclusive jurisdiction over disputes arising out of or relating to these terms or the service.
Changes
We may update these terms from time to time. If we make material changes, we may provide notice through the service, website, or other reasonable means.
Your continued use of the service after updated Terms become effective constitutes acceptance of the revised Terms.
Contact
Questions regarding these Terms may be directed to MarkSimpl Innovations Private Limited using the company details listed in the Prosematic website footer.