Terms of Service
BrizaAI — A Product of RETAINGROW TECHNOLOGIES LLP
1. Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "User", "Business User", "you", or "your") and RETAINGROW TECHNOLOGIES LLP, operating under the brand name BrizaAI ("BrizaAI", "Company", "we", "us", or "our").
By accessing, registering for, subscribing to, or using any BrizaAI platform, website, software, APIs, services, integrations, chatbot solutions, WhatsApp Business solutions, automation services, marketing tools, messaging services, or related offerings (collectively, the "Services"), you agree to be bound by these Terms.
If you do not agree to these Terms, you must immediately discontinue use of the Services.
2. Description of Services
BrizaAI provides a Software-as-a-Service (SaaS) platform enabling businesses to:
- Connect WhatsApp Business Accounts
- Use WhatsApp Business Platform services
- Send and receive WhatsApp messages
- Run marketing campaigns
- Run utility and transactional campaigns
- Build and operate chatbots
- Manage customer conversations
- Manage leads and customer engagement
- Use APIs, Webhooks and integrations
- Access automation and workflow tools
- Access analytics and reporting
- Manage customer communications through supported channels
BrizaAI acts solely as a technology provider and does not control the content, legality, accuracy, consent status, or compliance of messages sent by Customers.
3. Eligibility
You represent and warrant that:
- You are at least 18 years of age.
- You possess legal capacity to enter into binding contracts.
- If acting on behalf of an entity, you are authorized to bind such entity.
- All information provided by you is true, accurate and complete.
4. Mandatory Compliance with Meta and WhatsApp Policies
As a condition of using BrizaAI, you expressly agree to comply with all applicable Meta and WhatsApp policies, including any future amendments.
These include, without limitation:
- Meta Terms of Service
- Meta Platform Terms
- Meta Developer Policies
- Meta Commerce Policies
- Meta Advertising Policies
- WhatsApp Business Terms of Service
- WhatsApp Business Messaging Policy
- WhatsApp Commerce Policy
- Meta Platform Data Usage Requirements
Failure to comply with any Meta or WhatsApp policy shall constitute a material breach of these Terms.
5. Customer Responsibilities
You are solely responsible for:
- Obtaining valid customer opt-ins.
- Maintaining proof of customer consent.
- Ensuring lawful communication practices.
- Compliance with privacy laws.
- Compliance with anti-spam regulations.
- Compliance with data protection laws.
- Compliance with consumer protection laws.
- Compliance with marketing and advertising laws.
You shall not:
- Send spam.
- Send unsolicited communications.
- Use purchased or scraped contact lists.
- Send fraudulent, deceptive or misleading content.
- Engage in phishing.
- Violate any applicable law.
- Impersonate any person or entity.
- Circumvent Meta or WhatsApp policies.
6. Commerce Policy Compliance
Where you sell, market, advertise, promote, facilitate or distribute products or services using BrizaAI, you must ensure that such products and services comply with Meta Commerce Policies and all applicable laws.
You acknowledge that BrizaAI does not review, verify, endorse, approve or guarantee any product or service offered by Customers.
7. Account Security
You are responsible for:
- Maintaining account confidentiality.
- Securing login credentials.
- Restricting access to authorized personnel.
- All activities occurring under your account.
BrizaAI shall not be liable for unauthorized access resulting from your failure to maintain adequate security.
8. Customer Data and Consent
You represent and warrant that:
- You possess all required rights to customer data.
- You have obtained all necessary consents.
- You have lawful basis for processing personal data.
- You have provided legally required notices.
You remain the data controller of your customer data.
BrizaAI acts solely as a technology service provider and processor where applicable.
9. Data Retention and Deletion
Business User Data
You may request deletion of your account and associated data by emailing: abhishek@brizaai.com
Your request must include:
- Registered email address
- Company name
- Account details
- Explicit deletion request
Subject to legal and operational requirements, BrizaAI will process deletion requests within a reasonable timeframe.
End Customer Data
End customers may contact the relevant business directly.
Where legally required, BrizaAI may assist in processing deletion requests.
10. Intellectual Property
All rights, title and interest in:
- BrizaAI software
- Platform architecture
- APIs
- Source code
- Designs
- Trademarks
- Branding
- Documentation
remain the exclusive property of RETAINGROW TECHNOLOGIES LLP.
No ownership rights are transferred to Customers.
11. Fees and Payment
Customers shall pay all applicable fees.
Failure to pay may result in:
- Suspension
- Service restriction
- Account termination
All fees are non-refundable unless expressly required by law.
Meta conversation charges, WhatsApp charges, and third-party charges remain the responsibility of the Customer.
12. Service Availability
BrizaAI does not guarantee:
- Continuous uptime
- Uninterrupted availability
- Error-free operation
- Delivery of messages
BrizaAI shall not be liable for outages caused by:
- Meta
- Telecom providers
- Internet disruptions
- Infrastructure failures
- Force majeure events
13. Suspension and Termination
BrizaAI may immediately suspend or terminate access where:
- Meta suspends your account.
- WhatsApp suspends your account.
- You violate policies.
- You violate laws.
- You engage in spam.
- You engage in fraudulent activity.
- You create reputational risk for BrizaAI.
No refund shall be due upon termination arising from your breach.
14. Disclaimer of Warranties
Disclaimer of Warranties
BrizaAI does not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, error-free, or free from delays, interruptions, failures, omissions, loss, corruption, or unauthorised access.
BrizaAI does not warrant that:
- The Services will meet your requirements or expectations;
- The Services will operate without interruption or error;
- Any defects or errors will be corrected;
- The Services will be compatible with all systems, platforms, devices, or third-party services;
- Messages, campaigns, automations, chatbots, APIs, integrations, or communications will be delivered successfully at all times;
- Results, analytics, reports, campaign performance metrics, lead quality, conversion rates, revenues, business outcomes, or other results obtained through use of the Services will be accurate, reliable, complete, or suitable for any particular purpose.
You expressly acknowledge and agree that your use of, or inability to use, the Services is entirely at your sole risk.
The Services, platform, software, APIs, automations, integrations, chatbots, messaging infrastructure, websites, content, reports, and all products and services delivered through BrizaAI are provided on an "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS" basis, without any representation, warranty, guarantee, or condition of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, reliability, security, performance, accuracy, or uninterrupted use.
BrizaAI makes no representation or warranty regarding the actions, services, uptime, policies, decisions, restrictions, suspensions, or availability of Meta Platforms, WhatsApp Business Platform, telecommunications providers, internet service providers, cloud providers, payment processors, or any other third-party services upon which the Services may depend.
15. Limitation of Liability
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall RETAINGROW TECHNOLOGIES LLP, BrizaAI, its affiliates, partners, directors, designated partners, officers, employees, consultants, agents, contractors, licensors, suppliers, vendors, service providers, successors, or assigns be liable for any injury, loss, claim, demand, action, liability, damage, cost, or expense of any kind, including without limitation:
- Direct damages;
- Indirect damages;
- Incidental damages;
- Special damages;
- Exemplary damages;
- Consequential damages;
- Punitive damages;
- Loss of profits;
- Loss of revenue;
- Loss of business opportunities;
- Loss of customers;
- Loss of goodwill;
- Loss of anticipated savings;
- Loss of use;
- Loss of data;
- Data corruption;
- Business interruption;
- Regulatory penalties;
- Third-party claims;
- Compliance violations;
- Replacement costs;
- Technology failures;
- Message delivery failures;
- Campaign performance losses;
- Lead generation losses; or
- Any similar damages,
whether based in contract, tort (including negligence), strict liability, statutory liability, indemnity, or otherwise, arising out of or relating to the use of, inability to use, or performance of the Services, even if BrizaAI has been advised of the possibility of such damages.
Without limiting the foregoing, BrizaAI shall not be liable for any losses arising from:
- Suspension, restriction, disabling, or termination of Meta, Facebook, Instagram, or WhatsApp accounts;
- Violations of Meta, WhatsApp, advertising, commerce, privacy, or messaging policies by customers;
- Customer-generated content, campaigns, messages, or automations;
- Third-party integrations;
- Telecommunications failures;
- Internet outages;
- Data loss;
- Security incidents beyond BrizaAI's reasonable control;
- Unauthorized access caused by customer negligence;
- Acts or omissions of third-party providers.
In all circumstances, BrizaAI's aggregate liability arising out of or related to the Services shall not exceed the total fees actually paid by the customer to BrizaAI during the one month immediately preceding the event giving rise to the claim.
16. Customer Indemnification
The Customer shall fully defend, indemnify and hold harmless RETAINGROW TECHNOLOGIES LLP, BrizaAI, its affiliates, directors, partners, officers, employees, contractors and agents from and against any and all claims, demands, actions, penalties, losses, damages, settlements, liabilities, costs, expenses, attorneys' fees, and regulatory fines arising out of or related to:
- Customer messages;
- Customer campaigns;
- Customer content;
- Customer products or services;
- Violation of Meta policies;
- Violation of WhatsApp policies;
- Violation of Commerce policies;
- Customer data practices;
- Customer privacy violations;
- Spam complaints;
- Consumer claims;
- Regulatory investigations;
- Government actions;
- Third-party claims;
- Data breaches caused by Customer;
- Customer negligence or misconduct.
The Customer's indemnification obligations shall survive termination of these Terms.
17. Force Majeure
BrizaAI shall not be liable for delays or failures caused by events beyond reasonable control, including:
- Natural disasters
- War
- Terrorism
- Government action
- Internet outages
- Telecom failures
- Meta service interruptions
- WhatsApp service interruptions
18. Governing Law
These Terms shall be governed exclusively by the laws of India.
19. Jurisdiction
All disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Ghaziabad, Uttar Pradesh, India.
The parties irrevocably submit to such jurisdiction.
20. Changes to Terms
BrizaAI may modify these Terms at any time.
Continued use of the Services constitutes acceptance of updated Terms.
21. Contact Information
Retaingrow Technologies LLP
Email: abhishek@brizaai.com
Website: BrizaAI
Phone: 9667991647
For account deletion requests, privacy requests, or legal notices, contact the email above.
BY ACCESSING OR USING BRIZAAI, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.