Terms and Conditions

Last updated: May 30, 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Acticate Tech Pvt Ltd ("Acticate", "we", "us", or "our") governing your access to and use of the ActiWAPI platform, website at https://actiwapi.com, APIs, dashboards, and related services (collectively, the "Service"). Please read these Terms carefully before using the Service.

Important notices

No affiliation with WhatsApp or Meta: ActiWAPI is provided by Acticate Tech Pvt Ltd and is not affiliated with, endorsed by, or sponsored by WhatsApp LLC, Meta Platforms, Inc., or their affiliates. WhatsApp is a trademark of Meta Platforms, Inc.
WhatsApp policy changes: WhatsApp and Meta may change their terms, APIs, policies, and technical requirements at any time without notice to us. Your use of WhatsApp through the Service remains subject to WhatsApp's applicable terms and policies.
Number bans and restrictions: WhatsApp account suspensions, number bans, rate limits, or restrictions imposed by WhatsApp or telecommunications providers are outside our control. We are not responsible for loss of access to WhatsApp numbers or inability to send messages resulting from such actions.
Message content: You are solely responsible for all message content, campaigns, contact lists, and data processed through your account.
Legal compliance: You are solely responsible for compliance with all applicable laws, including telecommunications, privacy, anti-spam, consumer protection, and data protection laws (including India's Digital Personal Data Protection Act, 2023, where applicable).
No delivery guarantee: We do not guarantee that messages will be delivered, read, or delivered within any particular timeframe. Delivery depends on WhatsApp, recipient devices, network conditions, and your compliance with applicable rules.
Trial abuse: Free trial accounts may be suspended or terminated immediately without notice if we detect abuse, circumvention of limits, or violation of these Terms.
Anti-spam violations: Accounts that violate our Anti-Spam Policy or Acceptable Use Policy may be terminated without refund, at our sole discretion, in addition to any other remedies available to us.

1. Definitions

In these Terms, the following definitions apply:

"Account" means the registered workspace and credentials associated with your organization on the Service.
"Customer", "you", or "your" means the individual or legal entity that registers for or uses the Service.
"End User" means any person who receives messages or whose data you process through the Service.
"Content" means text, images, media, contact data, templates, and other materials you upload, transmit, or store using the Service.
"Subscription" means a paid or trial plan providing access to specified features and usage limits.
"API" means the application programming interfaces, webhooks, and integration endpoints we make available.
"Session" means a linked WhatsApp connection associated with your Account.
"Authorized User" means team members you invite under your Account with assigned roles.

2. Acceptance of terms

By creating an Account, clicking to accept these Terms, or using the Service, you agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and any order forms or plan descriptions applicable to your Subscription. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, you must not access or use the Service. We may update these Terms as described in Section 26; continued use after changes constitutes acceptance where permitted by law.

3. Eligibility

To use the Service, you must:

Be at least 18 years of age or the age of majority in your jurisdiction, whichever is higher
Have the legal capacity and authority to enter into a binding contract
Not be prohibited from using the Service under applicable law or sanctions regimes
Use the Service only for lawful business or personal purposes consistent with these Terms

The Service is intended for business use. If you register on behalf of a company, you warrant that the company is duly incorporated and authorized to conduct business in its jurisdiction.

4. Account registration

When registering an Account, you agree to:

Provide accurate, current, and complete registration information
Maintain and promptly update your information as needed
Maintain the confidentiality of passwords, API keys, and webhook secrets
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities under your Account, including actions of Authorized Users

We may refuse registration, reclaim usernames, or require additional verification at our discretion. One person or entity may not maintain multiple free trial Accounts to circumvent limits.

5. Subscription plans

The Service is offered through subscription tiers (including Trial, Starter, Growth, Business, Enterprise, and add-ons) as described on our Pricing page and in your dashboard. Each plan specifies limits on sessions, contacts, messages, API requests, campaigns, team members, webhooks, and other features.

Plan features and limits may change with reasonable notice. Continued use after plan changes constitutes acceptance of updated limits for renewal periods, except where applicable law requires otherwise. Downgrades may reduce available capacity immediately if your usage exceeds the new plan limits.

6. Billing and payments

Paid Subscriptions are billed in advance on a recurring basis (typically monthly) in Indian Rupees (INR) unless otherwise agreed in writing. You authorize us and our payment processor (including Razorpay) to charge your designated payment method for all fees, taxes, and add-ons.

Prices are exclusive of applicable taxes (including GST) unless stated otherwise; you are responsible for applicable taxes
Failure to pay may result in suspension or termination of the Service
Invoices and payment history are available through your billing dashboard
Chargebacks or payment disputes may result in immediate suspension pending resolution

We may correct pricing errors and will provide notice where required. Promotional or custom pricing applies only for the stated period and terms.

7. Free trial terms

New Customers may be eligible for a free trial as described on our website (currently a 7-day trial with specified limits). Trial terms include:

No payment is required to start a trial unless you upgrade to a paid plan
Trial access is limited to the features and quotas of the trial plan
One trial per organization unless we expressly approve otherwise
The trial expires automatically at the end of the trial period unless you subscribe to a paid plan
We may suspend or terminate trial Accounts immediately for abuse, including bulk registrations, automated sign-ups, circumvention of usage limits, spam, or any violation of these Terms

At trial expiry, sending and certain features may be disabled until you purchase a paid Subscription. Your data may be retained for a limited period as described in our Privacy Policy.

8. Renewal policy

Unless you cancel before the end of the current billing period, paid Subscriptions automatically renew for successive periods of the same duration at the then-current price (which may differ from your initial price with prior notice where required).

You may disable auto-renewal by cancelling through your billing dashboard or as described in our Cancellation Policy. Cancellation stops future charges but does not entitle you to a refund for the current period except as stated in our Refund Policy.

9. Cancellation policy

You may cancel your Subscription at any time. Cancellation takes effect at the end of the current paid billing period unless you request immediate cancellation or we agree otherwise. See our dedicated Cancellation Policy for details on data retention, exports, and post-cancellation access.

Cancelling does not relieve you of payment obligations for amounts already due. Add-ons cancel in accordance with their billing cycle when removed from your Account.

10. Refund policy

Subscription fees are generally non-refundable once a billing period has begun, except where required by applicable consumer protection law or as expressly stated in our Refund Policy.

Refunds may be considered at our sole discretion for duplicate charges, verified billing errors, or as required by law. Accounts terminated for violation of these Terms, including anti-spam or acceptable use violations, are not eligible for refunds.

11. Acceptable use policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:

Violate any applicable law, regulation, or third-party rights
Send unsolicited or unauthorized commercial messages without proper consent
Harass, threaten, defraud, or harm any person
Distribute malware, phishing content, or illegal material
Impersonate any person or entity or misrepresent your affiliation
Interfere with or disrupt the Service, servers, or networks
Probe, scan, or test vulnerabilities without our written authorization
Resell or sublicense the Service except as expressly permitted in writing

12. Prohibited activities

Without limitation, the following activities are strictly prohibited:

Spam, bulk unsolicited messaging, or purchased contact lists without valid consent
Messages promoting illegal goods, services, gambling where prohibited, adult content to minors, or hate speech
Pyramid schemes, deceptive marketing, or fraudulent offers
Collection or harvesting of personal data without lawful basis
Circumventing plan limits, rate limits, or technical access controls
Sharing Account credentials or API keys with unauthorized parties
Using the Service to operate a messaging bureau for third parties without our written consent
Any activity that exposes Acticate to legal liability or reputational harm

13. WhatsApp usage rules

When using WhatsApp through the Service, you additionally agree to:

Comply with WhatsApp's Terms of Service, Commerce Policy, and Business Messaging policies as applicable
Use only WhatsApp numbers and Sessions you are authorized to control
Honor WhatsApp's messaging categories, templates, and opt-in requirements where applicable
Not use the Service in ways that violate WhatsApp's anti-abuse or automation policies
Accept that WhatsApp may limit, throttle, or ban numbers at its sole discretion

We facilitate technical connectivity to WhatsApp; we do not control WhatsApp's acceptance of messages or enforcement actions. You acknowledge that session-based connectivity may change or become unavailable due to WhatsApp updates.

14. Anti-spam policy

We maintain a zero-tolerance approach to spam and abusive messaging. You must obtain and document appropriate consent before messaging End Users, honor opt-out requests promptly, and maintain suppression lists.

We may monitor usage patterns (including complaint rates, block rates, and volume spikes) to protect platform integrity. If we determine, in our sole discretion, that your Account is associated with spam or abusive practices, we may:

Issue warnings and require corrective action
Throttle or suspend messaging or API access
Terminate your Account immediately without refund
Report activity to authorities where required by law

15. Customer responsibilities

As a Customer, you are responsible for:

All Content transmitted through your Account and compliance with laws applicable to your industry and jurisdiction
Obtaining and maintaining all required consents, privacy notices, and opt-ins from End Users
Accuracy of contact data and honoring data subject rights requests from your End Users
Configuring webhooks, API integrations, and third-party systems securely
Training Authorized Users on acceptable use and security practices
Backing up data you wish to retain before cancellation or termination
Paying all fees and taxes associated with your Subscription

16. API usage restrictions

Use of our API is subject to the following restrictions:

Comply with documented rate limits, quotas, and authentication requirements
Do not exceed plan limits through technical circumvention or distributed requests
Store API keys securely; rotate compromised keys immediately
Do not reverse engineer, decompile, or attempt to extract source code from the Service
Do not use the API to build a competing product without our written consent
Accept that we may modify API endpoints with reasonable notice; deprecated endpoints may be retired

Excessive or abusive API usage may result in throttling, suspension, or additional charges as described in your plan or separate agreement.

17. Service availability

We strive to maintain reliable Service availability but provide the Service on an "as is" and "as available" basis. We do not guarantee uninterrupted, timely, secure, or error-free operation.

Scheduled maintenance, emergency repairs, third-party outages (including WhatsApp, cloud providers, or payment gateways), and force majeure events may cause downtime. We are not liable for failures attributable to WhatsApp, internet service providers, or your systems.

Service level commitments, if any, apply only to Enterprise customers under a separate written SLA.

18. Intellectual property

The Service, including software, documentation, branding, logos, and underlying technology, is owned by Acticate Tech Pvt Ltd or its licensors and protected by intellectual property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your Subscription term.

You retain ownership of your Content. You grant us a worldwide license to host, process, transmit, and display your Content solely to provide and improve the Service, enforce these Terms, and comply with law. White-label add-ons, if purchased, grant limited branding rights as described in your plan.

Feedback you provide may be used by us without restriction or compensation. You may not use our trademarks without prior written consent.

19. Limitation of liability

To the maximum extent permitted by applicable law, including under the Indian Contract Act, 1872 and the Consumer Protection Act, 2019 where applicable:

Acticate Tech Pvt Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, business interruption, or loss of goodwill
We are not liable for undelivered messages, WhatsApp bans, third-party actions, or End User claims arising from your Content or conduct
Our aggregate liability for all claims arising from or related to the Service shall not exceed the greater of (a) amounts paid by you to us in the twelve (12) months preceding the claim, or (b) INR 10,000

Some jurisdictions do not allow certain limitations; in such cases, our liability is limited to the fullest extent permitted by law. Nothing in these Terms excludes liability for fraud, wilful misconduct, or death or personal injury caused by negligence where exclusion is not permitted.

20. Indemnification

You agree to indemnify, defend, and hold harmless Acticate Tech Pvt Ltd, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

Your Content, messages, or campaigns sent through the Service
Your violation of these Terms or applicable law
Your violation of WhatsApp policies or third-party rights
Disputes between you and your End Users or customers
Unauthorized use of your Account due to your failure to secure credentials

We reserve the right to assume exclusive defense of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense.

21. Termination

You may terminate your Account by cancelling your Subscription and requesting account closure. We may terminate or suspend your access immediately, with or without notice, if:

You breach these Terms or applicable law
Payment is overdue and not cured within a reasonable grace period
We reasonably believe your use poses security, legal, or reputational risk
We discontinue the Service or your plan (with reasonable notice where practicable)

Upon termination, your license to use the Service ends. Provisions that by their nature should survive (including payment obligations, indemnification, limitation of liability, and governing law) shall survive termination.

22. Suspension of accounts

We may suspend your Account or specific features (including API access, campaigns, or Sessions) temporarily while investigating suspected violations, security incidents, or payment issues. Suspension does not entitle you to a refund for the suspended period unless required by law.

Trial Accounts and Accounts engaged in abuse may be suspended without prior notice. You remain responsible for fees incurred before suspension.

23. Privacy

Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for providing appropriate privacy notices to your End Users and for processing their data lawfully when using the Service.

24. Dispute resolution

Before initiating formal proceedings, you agree to contact us at support@actiwapi.com and attempt to resolve disputes informally within thirty (30) days.

If informal resolution fails, disputes shall be subject to the exclusive jurisdiction of the competent courts in India, unless applicable law mandates otherwise. Nothing prevents either party from seeking injunctive relief for intellectual property or confidentiality violations.

If you are a consumer under applicable Indian consumer protection law, you may have rights to approach appropriate consumer forums as provided by law.

25. Governing law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You agree that Acticate Tech Pvt Ltd is incorporated in India and that courts in India shall have jurisdiction over disputes, subject to Section 24.

26. General provisions

Entire agreement: These Terms, together with referenced policies and plan descriptions, constitute the entire agreement between you and Acticate regarding the Service
Severability: If any provision is held invalid, the remaining provisions remain in effect
Waiver: Failure to enforce any right is not a waiver of that right
Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger or sale of assets
Force majeure: We are not liable for delays or failures due to events beyond our reasonable control
Changes: We may modify these Terms by posting updated Terms on this page. Material changes will be notified where required. Continued use after the effective date constitutes acceptance

27. Contact information

For questions regarding these Terms, contact:

Acticate Tech Pvt Ltd (ActiWAPI)
Email: support@actiwapi.com
Sales: sales@actiwapi.com
Website: https://actiwapi.com

Questions? Contact us.