Terms & Conditions

1Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and BizzNexa Marketing Solutions ("BizzNexa", "we", "us", or "our"), a business registered in Ghaziabad, Uttar Pradesh, India.

These Terms govern your access to and use of BizzNexa's website at bizznexa.com and all related services, APIs, automation tools, and support.

These Terms should be read alongside our Privacy Policy, which is incorporated herein by reference.

2Services

BizzNexa provides AI-powered communication automation services including but not limited to:

• WhatsApp Business API automation — chatbots, broadcast campaigns, drip flows, and inbox management via Meta's official BSP infrastructure
• Bulk SMS — DLT-compliant transactional and promotional SMS delivery
• RCS Messaging — rich-media messaging via Google's RCS Business Messaging platform
• IVR Automation — voice bot configuration, call routing, and call analytics
• AI Chatbot Development — LLM-powered conversational agents for lead qualification, support, and engagement
• Click-to-WhatsApp advertising strategy — Meta ad campaign consulting and setup
• Implementation and support services — onboarding, flow design, integration, and ongoing account management

The specific services available to you depend on the service plan or project agreement you have entered into with BizzNexa. We reserve the right to modify, add, or discontinue features with reasonable notice to active clients.

3Eligibility

To use BizzNexa's services, you must:

• Be at least 18 years of age
• Be a legally registered business, sole proprietor, or professional with capacity to enter binding contracts
• Provide accurate, current, and complete information when registering or submitting a demo request
• Not be located in a country that is subject to a government embargo or designated as a "terrorist supporting" country
• Not be on any government-issued list of prohibited or restricted parties

BizzNexa primarily serves businesses operating in India but may onboard international clients at its discretion.

4Accounts & Access

4.1 Account Creation

Access to BizzNexa's platform dashboard is provided upon onboarding. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

4.2 Account Security

You must immediately notify BizzNexa at hello@bizznexa.com of any unauthorised access to or use of your account. BizzNexa will not be liable for any loss resulting from unauthorised use of your credentials before notification.

4.3 Accuracy of Information

You agree to keep your account information accurate and up to date, including your business registration details, contact information, and billing details. Providing false or misleading information may result in immediate account suspension.

4.4 Sub-users

If you add team members or sub-users to your account, you are responsible for ensuring they comply with these Terms. You accept liability for their actions within your account.

5Acceptable Use Policy

You agree to use BizzNexa's services only for lawful purposes and in compliance with all applicable laws and regulations. You must not use our platform to:

• Send spam, unsolicited messages, or communications to contacts who have not opted in
• Transmit content that is illegal, defamatory, obscene, fraudulent, or harassing
• Impersonate any person, business, or entity
• Distribute malware, viruses, or any malicious code
• Engage in phishing, smishing (SMS phishing), or vishing (voice phishing) attacks
• Send communications related to prohibited industries including but not limited to: firearms, drugs, gambling (without proper licensing), adult content, cryptocurrency scams, pyramid schemes, or multi-level marketing (MLM) without prior approval
• Violate Meta's WhatsApp Business Policy, Google's RCS Business Messaging Terms, or TRAI's SMS regulations
• Attempt to gain unauthorised access to BizzNexa's systems, other clients' accounts, or third-party platforms
• Use the platform in a manner that could cause disproportionate load or damage to our infrastructure
• Resell, sublicense, or white-label BizzNexa's services without a separate written reseller agreement

6WhatsApp & Messaging Compliance

6.1 Opt-in Requirements

You are solely responsible for obtaining valid, documented opt-in consent from all end users before sending them WhatsApp messages, SMS, RCS messages, or IVR calls through BizzNexa's platform. This includes maintaining records of consent that can be produced upon request by regulators or Meta.

6.2 Message Template Compliance

All WhatsApp message templates must be submitted to and approved by Meta before use. BizzNexa will assist with the submission process, but approval decisions are made solely by Meta. BizzNexa is not liable for template rejections.

6.3 DLT Registration (SMS)

For SMS campaigns in India, you must register your entity, sender ID, and message templates on the TRAI DLT platform. BizzNexa will guide you through this process but you retain responsibility as the registered entity for DLT compliance.

6.4 Prohibited Message Content

Messages sent through our platform must not contain content that violates Meta's Commerce Policy, WhatsApp Business Policy, TRAI regulations, or any applicable Indian law including the IT Act 2000 and its amendments.

6.5 Meta Platform Dependency

WhatsApp Business API services are subject to Meta's platform policies and availability. BizzNexa is not liable for any service disruptions, policy changes, or account suspensions imposed by Meta on your WhatsApp Business Account.

7Payment & Billing

7.1 Pricing

Service fees are agreed upon in your individual service agreement or project proposal. BizzNexa reserves the right to revise pricing with a minimum of 30 days' written notice to existing clients.

7.2 Payment Terms

• Invoices are due within the payment terms specified in your service agreement (typically 7–15 days from invoice date)
• Payments are accepted via bank transfer (NEFT/RTGS/IMPS), UPI, or other methods specified in the invoice
• GST will be charged as applicable under Indian tax law

7.3 Late Payments

Overdue payments may incur a late payment fee of 2% per month on the outstanding balance. BizzNexa reserves the right to suspend services for accounts more than 15 days overdue, without liability for any resulting disruption to your operations.

7.4 Refunds

Refund eligibility is governed by our Refund Policy. Setup fees, implementation fees, and consumed message credits are generally non-refundable. Disputes must be raised within 7 days of invoice date.

7.5 Message Credit Usage

Prepaid message credits are non-transferable and expire 12 months from the date of purchase unless otherwise agreed in writing. Unused credits at the end of a contract term are non-refundable.

8Intellectual Property

8.1 BizzNexa's IP

All content, software, designs, workflows, documentation, trademarks, and other materials on BizzNexa's website and platform are the intellectual property of BizzNexa Marketing Solutions or our licensors. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

8.2 Your IP

You retain ownership of all content, data, and materials you provide to BizzNexa for service delivery — including your brand assets, message templates, customer lists, and automation flows built for your business. You grant BizzNexa a limited, non-exclusive licence to use this material solely for the purpose of providing the agreed services.

8.3 Feedback

If you provide feedback, suggestions, or ideas about our platform, you grant BizzNexa a perpetual, royalty-free licence to use that feedback without obligation or compensation to you.

8.4 Client Success Stories

BizzNexa may request your permission to use anonymised results or case study data for marketing purposes. We will always seek explicit written consent before publishing any identifiable information about your business.

9Data & Privacy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

In the context of messaging services, the parties acknowledge that:

• You (the client) are the Data Controller for your customers' personal data
• BizzNexa is the Data Processor, acting only on your documented instructions
• Both parties must comply with India's Digital Personal Data Protection Act, 2023 (DPDPA)
• A Data Processing Agreement (DPA) is available upon request for enterprise clients

10Limitation of Liability

10.1 Service Availability

BizzNexa will use commercially reasonable efforts to maintain platform uptime. However, we do not warrant that services will be uninterrupted, error-free, or available 100% of the time. Scheduled maintenance will be communicated in advance where possible.

10.2 Cap on Liability

To the maximum extent permitted by applicable law, BizzNexa's total aggregate liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total fees paid by you in the 3 months preceding the claim.

10.3 Exclusion of Consequential Damages

BizzNexa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of data, loss of customers, business interruption, or reputational damage — even if we have been advised of the possibility of such damages.

10.4 Third-Party Platforms

BizzNexa is not liable for service disruptions, policy changes, or decisions made by Meta (WhatsApp), Google (RCS), telecom operators, or any other third-party platform that affects your messaging services.

10.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, government actions, internet infrastructure failures, or labour disputes.

11Termination

11.1 Termination by You

You may terminate your service agreement with BizzNexa by providing written notice as specified in your individual service contract (typically 30 days). Termination does not entitle you to a refund of setup fees, implementation costs, or unused message credits.

11.2 Termination by BizzNexa

BizzNexa may terminate or suspend your access immediately and without notice if you:

• Violate any provision of these Terms or our Acceptable Use Policy
• Fail to pay outstanding invoices after 15 days of overdue notice
• Engage in fraudulent, illegal, or harmful activity through our platform
• Cause your WhatsApp Business Account to be banned or suspended by Meta

11.3 Effect of Termination

Upon termination, your access to the platform will be revoked and your data will be retained for the period specified in our Privacy Policy before secure deletion. Upon request, we will provide you with an export of your data within 14 days of termination.

12Indemnification

You agree to indemnify, defend, and hold harmless BizzNexa, its directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms
• Your violation of any third-party rights (including Meta's WhatsApp policies, TRAI regulations, or any law)
• Messages sent by you or your end users through our platform
• Your failure to obtain valid opt-in consent from end users
• Any content you provide to BizzNexa that infringes intellectual property rights

13Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ghaziabad, Uttar Pradesh, India.

13.1 Dispute Resolution Process

Before initiating legal proceedings, both parties agree to attempt to resolve disputes through the following process:

1. Informal resolution: Contact hello@bizznexa.com to describe your concern. We aim to respond within 5 business days.
2. Escalation: If unresolved within 30 days, either party may propose formal mediation.
3. Legal proceedings: Only if mediation fails may either party initiate court proceedings.

Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction.

14Changes to These Terms

BizzNexa reserves the right to modify these Terms at any time. We will notify you of material changes via:

• Email to the address registered on your account
• Prominent notice on our website
• In-platform notification (where applicable)

Changes take effect 14 days after notification unless you object in writing within that period. Your continued use of the services after the effective date constitutes acceptance of the revised Terms.

15Contact

For any questions about these Terms, please contact us: