Terms and Conditions

ThynkSpire India Private Limited is a private limited company registered in India. Our principal place of business is Thynkspire Edu Experience Hub , First floor , Gandhinagar , Kathrikadav , Ernakulam, Kerala - 682017 , India Website: www.thynkspire.com.

ThynkSpire provides or facilitates business communication services that may include:

• WhatsApp Business API access
• WhatsApp messaging
• campaign and broadcast functionality
• team inbox functionality
• multi-agent access
• contact management
• message template management
• chatbot and automation functionality
• campaign analytics
• API integrations
• webhook integrations
• related business messaging services

ThynkSpire currently uses Telinfy as an underlying technology/service provider for certain messaging and WhatsApp API functionality. By using ThynkSpire's relevant messaging services, you acknowledge that service delivery may depend on Telinfy and other third-party providers. ThynkSpire may replace, modify or add underlying technology providers at its discretion where reasonably necessary for service delivery.

Customers using WhatsApp services through ThynkSpire must comply with all applicable WhatsApp Business Terms, WhatsApp Business Messaging Policy, WhatsApp Business Solution Terms, Meta requirements, technical documentation and other applicable platform policies. These requirements may change from time to time.

To access certain services, you may be required to create an account and provide accurate information. You agree to:

• provide accurate and current information
• maintain confidentiality of login credentials
• protect API keys and access tokens
• restrict unauthorized account access
• promptly notify us of suspected unauthorized use
• ensure users accessing your business account are appropriately authorized

You are solely responsible for ensuring that you have the necessary lawful basis, permissions and customer consent required to send messages. You must not send unsolicited messages or spam.

Where WhatsApp requires user opt-in, you must obtain the required opt-in before initiating communication. You must also honor opt-out, unsubscribe and other requests from recipients.

You must use the services only for legitimate and lawful business purposes. You must not use ThynkSpire to:

• send spam or unsolicited bulk communications
• message users without required consent
• harass, threaten or deceive individuals
• impersonate another person or organization
• distribute malware or malicious content
• conduct phishing or fraudulent activity
• violate intellectual property rights
• process unlawfully obtained personal data
• scrape or purchase unauthorized contact databases
• circumvent platform security
• attempt unauthorized access
• interfere with platform operation
• violate applicable laws
• violate Meta or WhatsApp policies
• use the service for otherwise prohibited or unlawful activities

You retain ownership of the content, contact information and other materials you lawfully provide through the services. You grant ThynkSpire and relevant service providers the limited rights necessary to host, transmit, process and otherwise handle such content solely as necessary to provide, secure and support the services and meet applicable legal obligations.

You represent that you have all necessary rights and permissions for information and content uploaded to or processed through the services.

WhatsApp message templates may be subject to approval, categorization, rejection, suspension or modification by Meta/WhatsApp. ThynkSpire does not guarantee that:

• a template will be approved
• a particular template category will be assigned
• a message will be delivered
• a recipient will read or respond to a message
• WhatsApp will continue to permit a particular messaging practice

Certain ThynkSpire services are provided on a paid subscription or usage basis. Fees may include subscription charges, setup or onboarding charges, WhatsApp messaging charges, usage-based charges, third-party charges and taxes.

Applicable pricing will be communicated through our website, quotation, order form, invoice, proposal or other commercial agreement. Third-party charges, including WhatsApp/Meta messaging charges, may change independently of ThynkSpire. Applicable GST and other taxes may be charged as required by law.

Customers must pay all applicable invoices and charges within the specified payment period. Failure to make payment may result in service restriction, account suspension, messaging suspension or termination. The customer remains responsible for outstanding amounts incurred before suspension or termination.

Unless otherwise specified in a quotation, order form, plan or written agreement, subscription, setup, activation, integration and usage fees already paid are generally non-refundable once the relevant service has been activated or consumed, except where otherwise required by applicable law.

Charges already incurred for WhatsApp messages or other third-party services are non-refundable once consumed or charged by the relevant provider. Customers may request cancellation of future service renewals in accordance with their applicable subscription or commercial agreement.

ThynkSpire may restrict, suspend or terminate access where reasonably necessary if:

• payments are overdue
• these Terms are violated
• WhatsApp/Meta policies are violated
• spam or abusive messaging is detected
• fraudulent or unlawful activity is suspected
• account security is compromised
• continued service creates legal or security risks
• a third-party provider suspends the underlying service
• required by law or competent authority

Where reasonably possible, ThynkSpire may provide notice and an opportunity to resolve the issue. Immediate suspension may be applied where necessary for security, legal compliance, fraud prevention or platform-policy enforcement.

WhatsApp, Meta, Telinfy or another provider may independently restrict, suspend or terminate services or accounts. ThynkSpire cannot guarantee reversal of decisions made independently by third-party providers. Customers are responsible for maintaining compliance with third-party platform requirements.

Where API credentials, webhooks or integrations are provided, customers must:

• keep credentials confidential
• implement reasonable security measures
• use integrations only for authorized purposes
• not share credentials publicly
• not circumvent rate limits or security controls
• promptly revoke or replace compromised credentials

ThynkSpire may revoke or rotate credentials where necessary to protect the service.

We aim to provide reliable services but do not guarantee uninterrupted or error-free availability. Availability may be affected by:

• maintenance
• internet/network outages
• third-party service failures
• WhatsApp or Meta outages
• Telinfy service interruptions
• telecom/operator failures
• software or infrastructure problems
• cyber incidents
• government restrictions
• events outside our reasonable control

Use of personal information through the services is governed by the ThynkSpire Privacy Policy and applicable law. Customers are responsible for ensuring that personal information uploaded or processed through their account has been collected lawfully.

Where ThynkSpire processes recipient/customer information on behalf of a business customer, the business customer remains responsible for its own obligations concerning that information under applicable law.

Unless otherwise stated, ThynkSpire and/or its licensors own all intellectual property rights relating to ThynkSpire's website, branding, software, documentation and proprietary materials. No provision of these Terms transfers ownership of ThynkSpire intellectual property to the customer.

Third-party trademarks, including WhatsApp, Meta and Telinfy marks, remain the property of their respective owners.

Each party may receive confidential business, technical or commercial information belonging to the other. The receiving party must use reasonable measures to protect confidential information and must not disclose it except where necessary to provide the services, to authorized personnel or service providers, with the other party's consent, or where disclosure is required by law.

To the maximum extent permitted by applicable law, services are provided on an “as available” basis. ThynkSpire does not guarantee:

• uninterrupted availability
• error-free operation
• approval of WhatsApp Business Accounts
• Meta business verification
• WhatsApp template approval
• delivery of every message
• particular campaign performance
• continued availability of third-party features
• reinstatement of accounts suspended by third parties

To the maximum extent permitted by applicable law, ThynkSpire shall not be liable for indirect, incidental, special, consequential or punitive damages arising from use of or inability to use the services.

This includes, where legally permissible, loss resulting from business interruption, loss of profits, lost opportunities, message-delivery failures, loss of data, third-party platform restrictions, WhatsApp account suspension, or unauthorized use resulting from a customer's failure to secure its credentials.

Nothing in these Terms excludes liability that cannot legally be excluded.

You agree, to the extent permitted by applicable law, to indemnify and hold harmless ThynkSpire, its directors, employees and representatives against claims, losses, liabilities, damages and reasonable costs resulting from:

• your unlawful use of the services
• violation of these Terms
• violation of WhatsApp/Meta policies
• unlawful messaging
• failure to obtain required recipient consent
• infringement of third-party rights
• content or data uploaded or transmitted by you

Meta, WhatsApp, Telinfy and other third-party providers may modify their pricing, APIs, features, technical requirements, messaging rules, template categories, eligibility criteria, terms or policies. ThynkSpire may modify its services or charges as reasonably necessary to accommodate such changes.

ThynkSpire may update these Terms periodically. Updated Terms will be published on our website with a revised “Last Updated” date. Where required by applicable law or where changes are material, additional notice may be provided.

These Terms shall be governed by and construed in accordance with the laws of India.

Subject to applicable law, disputes arising from these Terms or the services shall be subject to the jurisdiction of the competent courts in Kozhikode, Kerala, India.

If any provision of these Terms is found invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect.

These Terms, the Privacy Policy, applicable order forms, quotations, subscription terms and other written agreements between the customer and ThynkSpire constitute the agreement governing the applicable services.

Where a separately executed written agreement expressly conflicts with these Terms, the separately executed agreement will prevail to the extent of the conflict.