Terms of Service
Last Updated: 23-Dec-2024
ADVANZALA INFOTECH PRIVATE LIMITED
MASTER TERMS OF SERVICE, CUSTOMER AGREEMENT & WEBSITE TERMS
Effective Date: 23-Dec-2024
Last Updated: 23-Dec-2024
Version: TOS-2026.08.15
These Master Terms of Service, Customer Agreement and Website Terms (“Terms”) constitute a legally binding agreement between Advanzala Infotech Private Limited, a company incorporated under the laws of India (“Advanzala”, “Company”, “we”, “us” or “our”), and the person, business or legal entity accessing, purchasing, subscribing to, activating or using any Service provided by Advanzala (“Customer”, “you” or “your”).
These Terms apply to services including, without limitation:
WhatsApp Business Platform/API solutions;
WhatsApp shared team inbox;
WhatsApp campaigns and automation;
RCS Business Messaging;
SMS and enterprise messaging;
IVR;
cloud telephony;
toll-free numbers;
virtual numbers;
call routing;
call recording;
voice broadcasting;
outbound calling systems;
AI voice agents;
AI chatbots;
conversational AI;
CRM solutions;
lead-management solutions;
CRM integrations;
ecommerce integrations;
lead-source integrations;
APIs;
webhooks;
workflow automation;
analytics and reporting;
implementation;
onboarding;
training;
technical support;
professional services;
custom development;
reseller or partner services where applicable; and
any other service offered by Advanzala.
These are collectively referred to as the “Services”.
1. ACCEPTANCE OF THESE TERMS
1.1 Legally Binding Agreement
You agree to be legally bound by these Terms where you:
(a) click “I Agree”, “Accept”, “Purchase”, “Subscribe”, “Activate”, “Continue”, “Confirm” or a similar acceptance mechanism referring to these Terms;
(b) create or activate an Account after being presented with these Terms;
(c) electronically or physically sign an Order Form, quotation, proposal, Statement of Work or other commercial document incorporating these Terms;
(d) make payment against a quotation, proposal, invoice or order that expressly incorporates these Terms and has been presented to you before payment;
(e) activate or begin using the Services after being provided these Terms; or
(f) otherwise expressly agree to these Terms electronically or in writing.
1.2 Authority
If you accept these Terms on behalf of:
a company;
LLP;
partnership;
proprietorship;
society;
institution;
trust;
government entity;
association; or
other organisation,
you represent and warrant that you have authority to legally bind that entity.
In such circumstances, references to “Customer”, “you” or “your” refer to that entity.
1.3 Minimum Age
An individual accepting these Terms must be at least eighteen years old and legally competent to contract.
1.4 Website Visitors
Persons merely browsing Advanzala's Website are subject to applicable Website-use, intellectual-property, acceptable-use and other provisions of these Terms to the extent enforceable under Applicable Law.
Purchase and subscription obligations apply when the relevant Service is ordered, accepted or activated.
2. DEFINITIONS
For purposes of these Terms:
“Account” means a Customer account, panel, dashboard, tenant, workspace, portal or other service environment.
“Applicable Law” means all applicable statutes, regulations, rules, directions, orders, codes and legally binding governmental or regulatory requirements, as amended from time to time.
“Authorised User” means a person authorised by Customer to access or use the Services.
“Customer Content” means messages, templates, files, audio, recordings, scripts, prompts, knowledge-base materials, images, videos, documents, campaigns and other material supplied by Customer.
“Customer Data” means information processed by Advanzala on behalf of Customer through the Services.
“Documentation” means documentation, manuals, help content, technical specifications, onboarding materials and usage instructions made available by Advanzala.
“Fees” means subscription, platform, implementation, setup, licence, professional-service and other charges payable directly to Advanzala.
“Order Form” includes a quotation, proposal, purchase order accepted by Advanzala, subscription order, Statement of Work, commercial agreement or other document identifying Services purchased.
“Platform” means Advanzala's software, dashboards, APIs, systems and technology.
“Third-Party Provider” means Meta, WhatsApp, telecommunications operators, aggregators, carriers, cloud providers, AI providers, payment gateways, CRM vendors and other third parties involved in providing Services.
“Third-Party Charges” means fees originating from a Third-Party Provider, including messaging, calling, carrier, AI, Meta, SMS, RCS and telecom charges.
“Usage Charges” means fees based on actual consumption, including messages, calls, minutes, telephone numbers, storage, AI usage, API usage or other metered resources.
“Website” means advanzala.in and any other website operated by Advanzala.
3. CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE
The contractual relationship may consist of several documents.
In case of inconsistency, the following order generally applies unless expressly stated otherwise:
separately executed Master Service Agreement or enterprise agreement;
separately executed Data Processing Agreement;
applicable Order Form or Statement of Work;
service-specific written terms agreed between both parties;
these Terms;
Documentation.
A later written agreement expressly modifying a provision shall prevail over that provision.
4. SERVICES
4.1 Scope
Advanzala shall provide only those Services included in Customer's applicable Order Form, subscription or written confirmation.
Features displayed on the Website do not necessarily form part of every plan.
4.2 Updates
Advanzala may modify, improve or update Services for:
security;
regulatory compliance;
compatibility;
performance;
feature development;
Third-Party Provider requirements; or
technical reasons.
4.3 Material Reduction
Advanzala will endeavour not to materially reduce the core functionality of a paid Service during an active committed subscription period except where reasonably necessary because of:
Applicable Law;
regulatory requirements;
security;
Third-Party Provider restrictions;
discontinued technology; or
circumstances outside Advanzala's reasonable control.
4.4 Beta Services
Beta, trial, preview and experimental Services may:
contain errors;
change;
have limited support;
have limited availability; and
be discontinued.
Such Services should not be relied upon for critical production operations unless expressly agreed.
5. ACCOUNT REGISTRATION AND SECURITY
Customer shall provide accurate and current information.
Customer is responsible for:
maintaining credential confidentiality;
protecting passwords;
protecting API keys;
protecting access tokens;
managing Authorised Users;
implementing appropriate permissions;
removing access when personnel leave;
preventing unauthorised Account sharing; and
reviewing Account activity.
Customer shall promptly inform Advanzala of suspected credential compromise.
Except where directly caused by Advanzala's proven security failure, Customer is responsible for activity conducted through credentials issued to or controlled by Customer.
6. KYC AND BUSINESS VERIFICATION
Certain Services require business, identity, telecom or platform verification.
Customer shall provide accurate documents requested by Advanzala or applicable Third-Party Providers, which may include:
PAN;
GSTIN;
certificate of incorporation;
business registration;
authorised representative details;
address proof;
website information;
brand information;
trademark details;
DLT information;
Principal Entity information;
telephone-number ownership;
Meta Business Portfolio information;
WhatsApp Business Account information; and
other compliance documents.
Advanzala may delay, refuse or suspend activation where information is:
incomplete;
inaccurate;
inconsistent;
expired;
suspicious;
apparently fraudulent; or
insufficient for regulatory/provider requirements.
Providing documents does not guarantee approval by any Third-Party Provider.
7. CUSTOMER RESPONSIBILITIES
Customer shall:
comply with Applicable Law;
use the Services only for lawful business purposes;
maintain licences and registrations required for its business;
obtain communication consent where required;
maintain consent records;
honour opt-outs;
comply with recipient preferences;
comply with DND requirements;
comply with Third-Party Provider policies;
ensure Customer Content is lawful;
maintain appropriate security;
properly supervise Authorised Users; and
ensure instructions provided to Advanzala are lawful.
Technical functionality provided by Advanzala does not transfer Customer's regulatory responsibilities to Advanzala.
8. ACCEPTABLE USE POLICY
Customer shall not use the Services to:
commit fraud;
send unlawful spam;
conduct phishing;
impersonate another person or organisation;
transmit malware;
conduct cyberattacks;
distribute unlawful content;
harass or threaten recipients;
circumvent recipient opt-outs;
circumvent DND restrictions;
misrepresent caller or sender identity;
infringe intellectual property;
violate privacy rights;
unlawfully collect personal data;
artificially manipulate messaging metrics;
overload Advanzala systems;
bypass rate limits;
bypass billing mechanisms;
gain unauthorised access;
conduct unlawful surveillance;
facilitate illegal goods or services;
transmit intentionally deceptive commercial claims;
scrape or harvest personal information unlawfully; or
otherwise expose Advanzala or its providers to unreasonable legal or regulatory risk.
9. COMMERCIAL COMMUNICATIONS, CONSENT AND ANTI-SPAM
9.1 Customer Responsibility
Customer is responsible for determining whether it may lawfully contact a recipient.
9.2 Consent
Where consent is required, Customer shall obtain appropriate consent before communication.
9.3 Consent Evidence
Customer should maintain evidence including, where appropriate:
recipient identity;
date;
time;
source;
business identity;
communication channel;
purpose; and
scope of consent.
9.4 Opt-Out
Customer shall promptly honour lawful opt-out, withdrawal and unsubscribe requests.
9.5 Suppression Lists
Customer shall not intentionally re-add recipients who validly opted out unless a lawful basis subsequently permits communication.
9.6 Third-Party Lists
Customer remains responsible for contact data obtained through:
purchased lists;
rented lists;
lead aggregators;
marketplaces;
scraped data;
third parties;
lead vendors; or
other sources.
Possession of a phone number does not itself establish permission to send commercial communications.
10. WHATSAPP BUSINESS PLATFORM SERVICES
10.1 Third-Party Platform
WhatsApp Business Platform is operated by Meta and/or its affiliates.
Customer acknowledges that Advanzala does not control Meta's independent decisions.
10.2 Meta Policies
Customer must comply with applicable Meta and WhatsApp policies from time to time.
10.3 WhatsApp Opt-In
Customer is responsible for obtaining required user opt-in before sending WhatsApp business-initiated communications.
10.4 Template Messages
Template submission does not guarantee approval.
Meta may:
approve;
reject;
recategorise;
pause;
restrict; or
disable
a template.
10.5 Meta Enforcement
Meta may independently:
restrict an account;
suspend an account;
reduce messaging limits;
change quality ratings;
reject a display name;
disable templates;
restrict a business portfolio; or
suspend a telephone number.
Advanzala shall not be liable for such actions except to the extent directly caused by Advanzala's own breach.
10.6 Verification
Advanzala may assist with:
business verification;
display-name approval;
onboarding;
Official Business Account processes; and
related configuration.
Advanzala does not guarantee:
Meta verification;
Official Business Account status;
blue checkmark approval;
display-name approval; or
any particular messaging limit.
10.7 Pricing
Meta messaging charges are separate from Advanzala subscription Fees unless expressly included in an Order Form.
Meta may modify:
pricing;
categories;
volume tiers;
eligibility;
billing methods; and
service conditions.
Customer shall pay applicable Third-Party Charges incurred through its Account.
10.8 Customer Business Assets
Where technically available and commercially appropriate, Customer should maintain ownership or administrative control over its legitimate:
business portfolio;
WABA;
telephone number;
domain;
brand;
advertising assets; and
other customer-owned business assets.
Advanzala may be granted administrative or technical access necessary for service delivery.
Customer should not provide personal passwords where business-user or delegated access can reasonably be used.
11. SMS, DLT AND TELECOM COMMERCIAL COMMUNICATIONS
Where applicable, Customer shall comply with:
TRAI requirements;
TCCCPR;
DLT requirements;
telecommunications regulations;
operator requirements; and
other Applicable Law.
Customer is responsible where applicable for:
Principal Entity registration;
headers;
sender IDs;
content templates;
consent templates;
consent registration;
recipient preferences;
brand mapping;
entity mapping; and
required communication categorisation.
Advanzala may assist but does not guarantee approval.
12. RCS BUSINESS MESSAGING
RCS functionality may depend on:
recipient device;
mobile network;
operating system;
carrier;
geographic location;
RCS availability;
agent approval; and
provider infrastructure.
Advanzala does not guarantee every telephone number is RCS-enabled.
Fallback to another communication channel occurs only where configured and commercially supported.
13. IVR, CLOUD TELEPHONY, TOLL-FREE AND VIRTUAL NUMBERS
13.1 Number Allocation
Telephone numbers may be supplied through licensed operators or authorised providers.
Unless expressly stated otherwise, allocation gives Customer a right to use the resource and does not transfer legal ownership.
13.2 Availability
Number selection and continuity are subject to:
availability;
carrier rules;
KYC;
payment;
regulatory requirements; and
provider policies.
13.3 Reclamation
A number may be withdrawn, replaced, suspended or reclaimed where:
payment is overdue;
KYC becomes invalid;
the carrier requires it;
law requires it;
Customer misuses the Service; or
the subscription ends.
13.4 Caller Identity
Customer shall not spoof or intentionally falsify caller identity.
13.5 Emergency Calls
Unless expressly identified otherwise, cloud-telephony Services are not designed to replace conventional emergency telephone services.
14. VOICE BROADCASTING AND AUTOMATED CALLING
Customer shall ensure automated calls comply with Applicable Law.
Customer is responsible for:
recipient consent where required;
DND requirements;
permissible calling hours;
caller identification;
telemarketing requirements;
sector-specific restrictions;
call scripts; and
frequency controls.
Advanzala may restrict campaigns that generate excessive complaints or create regulatory risk.
15. CALL RECORDING, TRANSCRIPTION AND MONITORING
Where recording or transcription functionality is used, Customer is responsible for:
determining lawfulness;
providing required disclosure;
obtaining required consent;
configuring recording;
restricting access;
establishing retention periods; and
responding to lawful data requests.
Providing recording technology does not constitute legal advice that recording a particular communication is lawful.
16. AI CHATBOT AND AI VOICE SERVICES
16.1 Probabilistic Technology
AI-generated outputs may be:
inaccurate;
incomplete;
unexpected;
misleading;
outdated; or
inappropriate.
Customer understands AI systems can make mistakes.
16.2 Human Oversight
Customer is responsible for determining where human review is appropriate.
16.3 Regulated Advice
AI output must not be presented as professional:
legal;
medical;
financial;
accounting;
investment; or
other regulated advice
without appropriate professional review where required.
16.4 High-Impact Decisions
Customer shall not rely solely on an AI output for high-impact decisions affecting legal rights, employment, health, credit or access to essential services where Applicable Law requires additional safeguards or human review.
16.5 AI Identity
Customer shall not configure an AI agent to unlawfully impersonate a specific real person or intentionally deceive users where such deception would be unlawful or fraudulent.
16.6 Customer Configuration
Customer is responsible for:
prompts;
knowledge bases;
scripts;
prices;
business policies;
claims;
FAQs;
transfer rules;
escalation rules; and
other configuration supplied by Customer.
16.7 Third-Party Models
AI Services may depend on third-party model providers.
Advanzala does not control their independent:
model behaviour;
latency;
availability;
pricing;
feature changes; or
content policies.
17. CRM, API, WEBHOOK AND THIRD-PARTY INTEGRATIONS
Customer acknowledges integrations may depend on third-party APIs and systems.
Advanzala does not guarantee that an integration will remain technically unchanged indefinitely.
Third-party API changes may require:
reconfiguration;
additional development;
migration;
additional charges; or
discontinuation.
Customer shall supply lawful access credentials or delegated authorisation necessary for integrations.
Advanzala shall not be liable for data loss or disruption resulting solely from Customer's unauthorised manual changes to integration configuration.
18. CUSTOM DEVELOPMENT AND PROFESSIONAL SERVICES
Custom development, integration work, migration and consultancy outside standard functionality require an applicable:
quotation;
Order Form;
Statement of Work; or
written commercial approval.
Unless expressly agreed otherwise:
project scope is limited to documented requirements;
new functionality requested after approval constitutes a change request;
timelines depend on Customer cooperation;
delays caused by Customer extend timelines;
third-party delays extend timelines; and
custom work already performed is non-refundable.
Ownership and licensing of custom deliverables shall be governed by the relevant Order Form.
Where not expressly stated, Advanzala retains ownership of reusable:
frameworks;
connectors;
libraries;
platform components;
methodologies;
know-how; and
generic code,
while Customer retains ownership of Customer Content and Customer-specific business data.
19. CUSTOMER CONTENT
Customer retains ownership of Customer Content.
Customer grants Advanzala a limited, non-exclusive right to process Customer Content only as reasonably necessary to:
provide Services;
secure Services;
troubleshoot;
provide support;
comply with Customer instructions; and
comply with Applicable Law.
Customer represents that it possesses required rights and permissions for Customer Content.
20. INTELLECTUAL PROPERTY
20.1 Advanzala Intellectual Property
Advanzala and its licensors retain all rights in:
Platform software;
source code;
object code;
interface designs;
APIs;
documentation;
workflows;
libraries;
generic integrations;
automation frameworks;
technology;
trademarks;
know-how; and
other intellectual property.
No ownership is transferred to Customer.
20.2 Licence to Customer
During an active subscription, Advanzala grants Customer a limited, non-exclusive, non-transferable licence to use purchased Services for lawful business purposes.
20.3 Restrictions
Customer shall not, except where expressly permitted:
reproduce the Platform;
sublicense it;
commercially distribute it;
reverse engineer it;
remove proprietary notices;
bypass licensing controls;
copy proprietary workflows; or
create a substantially identical competing copy through unauthorised use of Advanzala intellectual property.
20.4 CUSTOMER NAME, LOGO, TRADEMARK AND BRAND USAGE
By purchasing, subscribing to, activating or using a paid Service supplied by Advanzala, Customer grants Advanzala a worldwide, non-exclusive and royalty-free licence to use Customer's:
legal business name;
trade name;
trading style;
brand name;
logo;
trademark; and
publicly available brand identity
for the limited purpose of truthfully identifying Customer as a customer, client or user of Advanzala's Services.
Advanzala may display Customer's name, logo or brand in:
Advanzala's Website;
customer/client lists;
“Trusted By” sections;
“Our Customers” sections;
portfolio pages;
company-profile documents;
sales presentations;
proposals;
pitch decks;
brochures;
exhibitions;
event materials;
corporate presentations;
social-media posts;
promotional collateral; and
other reasonable materials describing businesses using Advanzala.
Customer represents that it has authority necessary to grant this permission.
Advanzala shall:
(a) use Customer branding professionally;
(b) use the logo substantially in the form publicly supplied or authorised by Customer;
(c) make only reasonable formatting, sizing or placement modifications;
(d) not falsely claim that Customer owns, endorses, sponsors or controls Advanzala;
(e) not falsely represent a relationship materially broader than the actual relationship;
(f) not disclose Customer Confidential Information merely because the brand licence exists; and
(g) not disclose confidential pricing or non-public commercial terms under this clause.
Customer may request removal
Customer may request removal of its brand from future public marketing material by written notice to:
Advanzala shall use commercially reasonable efforts to remove the Customer's brand from controllable digital marketing materials within thirty (30) days.
Such request does not require Advanzala to:
recall printed materials already produced;
recall distributed brochures;
remove archived documents;
alter historical proposals;
alter accounting or legal records;
recall exhibition materials already distributed;
remove materials that cannot reasonably be withdrawn; or
remove references required for evidentiary, compliance or legal purposes.
Following termination
Following termination of the commercial relationship, Advanzala may retain truthful historical references identifying Customer as a former customer/client.
Advanzala shall not knowingly present a former Customer as a current Customer after becoming aware that the relationship has ended.
Customer may request removal of future public historical references by written notice, subject to the reasonable archival and record-retention exceptions above.
Ownership
Nothing in this Section transfers ownership of Customer's trademark, logo or brand to Advanzala.
20.5 CASE STUDIES, PERFORMANCE RESULTS AND TESTIMONIALS
The permission under Section 20.4 does not by itself authorise Advanzala to publish a detailed identifiable case study containing confidential Customer information.
Separate Customer approval shall normally be obtained before Advanzala publicly attributes to Customer:
a testimonial;
quotation from Customer personnel;
revenue data;
conversion increases;
ROI results;
campaign-performance metrics;
non-public message volumes;
non-public calling volumes;
screenshots containing Customer Data;
confidential technical architecture;
confidential implementation information; or
other non-public commercial results.
Advanzala may use anonymous, aggregated or de-identified information where:
Customer is not reasonably identifiable;
Confidential Information is not disclosed; and
such use is lawful.
20.6 Feedback
Customer may voluntarily provide feedback or suggestions.
Advanzala may use such feedback to improve its Services without acquiring ownership of Customer's pre-existing intellectual property.
21. DATA PROTECTION AND PRIVACY
21.1 Roles
Depending on the processing activity, Customer may act as a Data Fiduciary or equivalent controller, while Advanzala may act as a Data Processor or equivalent service provider processing Customer Data on Customer's instructions.
For Advanzala's own:
billing;
account management;
fraud prevention;
security;
legal compliance;
service analytics; and
business administration,
Advanzala may determine relevant processing purposes in accordance with Applicable Law and its Privacy Policy.
21.2 Applicable Data-Protection Law
The parties shall comply with applicable data-protection laws, including requirements of the Digital Personal Data Protection Act, 2023 and rules made under it, to the extent such provisions are in force and applicable from time to time.
21.3 Customer Responsibility
Customer is responsible for:
establishing lawful processing grounds;
obtaining required consent;
providing required privacy notices;
processing only appropriate data;
handling data-subject requests for Customer-controlled data;
defining retention;
maintaining data accuracy where required;
identifying regulated data; and
ensuring Customer instructions are lawful.
21.4 Advanzala Processing
Advanzala shall process Customer Data as reasonably required to provide Services and according to lawful Customer instructions.
21.5 Security
Advanzala shall maintain reasonable technical and organisational security measures appropriate to the Services and risks involved.
No internet or cloud service can be guaranteed completely secure.
21.6 Security Incidents
Where Advanzala confirms an unauthorised security incident affecting Customer Data and notification is appropriate, Advanzala shall notify affected Customer without unreasonable delay, taking into account:
investigation;
containment;
Applicable Law;
security;
law-enforcement restrictions; and
Third-Party Provider dependencies.
21.7 Subprocessors
Customer authorises Advanzala to engage Third-Party Providers reasonably necessary to provide the Services.
These may include providers of:
cloud infrastructure;
AI;
messaging;
WhatsApp;
telecom;
support;
analytics;
payments;
email; and
related infrastructure.
21.8 International Processing
Customer acknowledges that certain Third-Party Providers may process data outside India, subject to Applicable Law.
21.9 Credentials and Highly Sensitive Information
Customer shall not knowingly transmit through ordinary communication fields:
passwords;
CVVs;
OTPs;
private cryptographic keys;
authentication secrets; or
equivalent high-risk credentials,
unless the relevant Service has specifically been designed and authorised for such processing.
21.10 Regulated Data
Customer shall evaluate whether additional safeguards are required before processing significant volumes of:
health data;
children's data;
financial account data;
government identifiers; or
other specifically regulated information.
21.11 Data Export
Where export functionality is available, Customer is responsible for exporting required data before cancellation or termination.
21.12 Retention and Deletion
Following termination, Customer Data may be deleted or rendered inaccessible after a reasonable operational retention period subject to:
backup cycles;
legal requirements;
regulatory obligations;
unresolved disputes;
fraud prevention; and
security requirements.
21.13 Privacy Policy
Advanzala's Privacy Policy forms part of the overall privacy framework applicable to the Services.
A separate Data Processing Agreement may be executed for enterprise Customers where appropriate.
22. CONFIDENTIALITY
Each party shall protect non-public Confidential Information received from the other.
Confidential Information includes:
commercial terms;
pricing;
Customer Data;
security information;
customer lists;
technical architecture;
credentials;
software;
business strategy;
trade secrets; and
other reasonably confidential information.
The receiving party shall:
use Confidential Information only for legitimate contractual purposes;
provide access only where reasonably necessary; and
use reasonable safeguards.
Information is not Confidential Information where the receiving party demonstrates it:
was already lawfully known;
became public without breach;
was independently developed;
was lawfully received without confidentiality obligation; or
must legally be disclosed.
Where legally permissible, the receiving party shall endeavour to notify the disclosing party before compelled disclosure.
Confidentiality obligations survive termination.
23. THIRD-PARTY SERVICES
Services may rely on Third-Party Providers.
Such providers may independently:
modify pricing;
change APIs;
change policies;
impose limits;
restrict accounts;
experience outages;
discontinue features;
alter eligibility; or
discontinue products.
Advanzala is not responsible for the independent acts or omissions of a Third-Party Provider.
Where such change materially affects a Service, Advanzala may reasonably:
modify the Service;
migrate the Service;
modify pricing;
replace technology; or
discontinue an affected feature.
24. FEES AND PAYMENT
24.1 Fees
Customer shall pay amounts stated in applicable quotations, Order Forms and invoices.
24.2 Advance Payment
Unless otherwise agreed, subscription and activation charges may be payable in advance.
24.3 Usage Charges
Usage Charges shall be determined using Advanzala and/or applicable Third-Party Provider records.
24.4 Third-Party Charges
Third-Party Charges are separate unless expressly included.
Customer remains responsible for charges generated by usage through its Account.
24.5 Rate Changes
Third-Party Charges may change without Advanzala controlling the change.
Advanzala may pass through updated provider rates.
24.6 Taxes
Fees are exclusive of applicable GST unless expressly stated otherwise.
24.7 TDS
Where Customer is legally required to deduct tax at source, Customer shall:
deduct only the lawful amount;
deposit it within the prescribed period; and
provide the applicable certificate or supporting documentation.
24.8 Invoice Disputes
Customer should notify Advanzala of genuine invoice disputes within fifteen days of invoice receipt.
Undisputed amounts remain payable.
24.9 Late Payments
Overdue undisputed amounts may attract late charges of up to 1.5% per month or the maximum lawful amount, whichever is lower.
24.10 Suspension for Non-Payment
Advanzala may suspend Services for materially overdue amounts after reasonable notice where circumstances permit.
24.11 Chargebacks
Customer shall not initiate improper payment reversals for legitimately supplied Services.
Advanzala may suspend affected Services while a chargeback dispute remains unresolved.
25. SUBSCRIPTION TERM AND RENEWAL
The subscription period is stated in the applicable Order Form.
A subscription automatically renews only where automatic renewal has been expressly agreed.
Otherwise, renewal requires affirmative:
payment;
approval;
quotation acceptance;
subscription action; or
other agreement.
Renewal pricing may differ from earlier pricing.
26. CANCELLATION AND REFUNDS
Except where required by Applicable Law or expressly stated otherwise:
the following are non-refundable once incurred or performed:
setup fees;
implementation charges;
onboarding charges;
completed professional services;
custom-development work performed;
telecom activation fees;
telephone-number charges;
carrier charges;
WhatsApp/Meta charges;
SMS charges;
RCS charges;
call usage;
AI usage;
other Third-Party Charges; and
consumed usage.
Subscription Fees already paid for an activated committed subscription are generally non-refundable solely because Customer:
changes its mind;
stops using the Service;
experiences low campaign performance;
fails to obtain recipient consent;
fails platform verification;
violates provider policies; or
fails to utilise available functionality.
Where Advanzala terminates a prepaid Service without cause attributable to Customer and does not provide a commercially reasonable replacement, Customer may be entitled to a pro-rata refund of unused Advanzala platform Fees for the affected period, excluding:
Third-Party Charges;
setup charges;
completed implementation;
custom development; and
previously consumed usage.
27. FAIR USE AND TECHNICAL LIMITS
Services may be subject to:
API limits;
agent limits;
user limits;
campaign limits;
call concurrency;
storage limits;
throughput restrictions;
message-rate limits;
telecom limits;
AI limits; and
reasonable-use policies.
Customer shall not intentionally circumvent technical limits.
Higher usage may require an upgrade or additional payment.
28. SUPPORT
Support depends on Customer's plan.
Support may include:
troubleshooting;
onboarding assistance;
product guidance;
technical investigation;
provider coordination; and
configuration guidance.
Standard support does not include unlimited:
custom development;
website development;
workflow design;
third-party development;
migration; or
consultancy
unless included in the relevant plan.
Response time does not guarantee resolution time.
29. AVAILABILITY AND MAINTENANCE
Unless a separate SLA expressly provides otherwise, Advanzala does not guarantee 100% uninterrupted availability.
Interruptions may arise from:
maintenance;
software upgrades;
cloud failures;
telecom failures;
carrier failures;
Meta outages;
AI-provider outages;
internet disruption;
cyberattack;
customer configuration;
government action;
regulatory requirements; or
force majeure.
Advanzala shall use commercially reasonable efforts to maintain reliable Services.
30. SUSPENSION
Advanzala may suspend all or part of the Services where reasonably necessary because of:
overdue payment;
fraud;
suspicious activity;
credential compromise;
cyber risk;
invalid KYC;
spam complaints;
regulatory direction;
telecom-provider instruction;
Meta/provider instruction;
material violation of these Terms;
material policy violation;
unlawful activity;
infrastructure risk; or
unreasonable legal or regulatory exposure.
Where practicable, Advanzala will provide notice and an opportunity to cure.
Immediate suspension may occur where delay could result in:
security harm;
legal liability;
regulatory harm;
financial loss;
recipient abuse; or
infrastructure damage.
31. TERM AND TERMINATION
31.1 Term
These Terms apply while Customer accesses or uses the Services.
31.2 Material Breach
Either party may terminate an affected Service where the other materially breaches the Agreement and fails to cure the breach within fifteen days after written notice.
For undisputed non-payment, a shorter cure period of seven days may apply.
31.3 Immediate Termination
Advanzala may terminate immediately where Customer:
commits fraud;
provides fraudulent KYC;
intentionally conducts illegal activity;
causes serious security risk;
repeatedly violates anti-spam obligations;
repeatedly violates telecom requirements;
intentionally misuses Advanzala infrastructure; or
creates unreasonable legal or regulatory exposure.
31.4 Provider Discontinuation
Advanzala may terminate an affected Service where an essential Third-Party Provider permanently discontinues required functionality and a reasonable replacement is unavailable.
32. EFFECT OF TERMINATION
Upon termination:
access may cease;
unpaid charges become due;
integrations may be disconnected;
messaging resources may be disconnected;
telephone resources may be released;
Customer Data may later be deleted; and
Customer's right to use the affected Platform ends.
Termination does not affect accrued rights.
Sections concerning:
payment;
confidentiality;
intellectual property;
brand usage;
data retention;
liability;
indemnity;
disputes;
governing law; and
other provisions intended by nature to survive
shall survive termination.
33. CUSTOMER WARRANTIES
Customer warrants that:
it has authority to contract;
information supplied is materially accurate;
Customer Content is lawfully supplied;
it possesses required intellectual-property rights;
it has required recipient permissions;
it will honour opt-outs;
its communications are lawful;
its instructions to Advanzala are lawful; and
its use complies with provider policies.
34. ADVANZALA PROFESSIONAL SERVICE WARRANTY
Advanzala warrants that paid professional services will be performed with reasonable skill and care appropriate to their nature.
Customer shall provide Advanzala a reasonable opportunity to correct a material failure before pursuing another contractual remedy where correction is reasonably possible.
35. DISCLAIMERS
To the maximum extent permitted by Applicable Law, and except for express contractual commitments, Advanzala does not guarantee:
uninterrupted availability;
zero software errors;
specific revenue;
specific profit;
a particular conversion rate;
delivery of every message;
receipt of every call;
Meta verification;
blue checkmark approval;
Official Business Account status;
template approval;
telephone-number availability;
DLT approval;
carrier approval;
RCS reachability;
exact AI responses;
flawless transcription;
campaign success;
lead conversion; or
continued availability of a Third-Party Provider.
Marketing materials and examples are illustrative unless expressly stated as contractual guarantees.
36. LIMITATION OF LIABILITY
To the maximum extent permitted by Applicable Law:
Advanzala shall not be liable for indirect, consequential, special, incidental, exemplary or punitive damages.
Advanzala shall not be liable for indirect loss of:
profit;
anticipated savings;
revenue;
opportunity;
goodwill; or
business.
Advanzala shall not be responsible for loss arising from:
Customer's unlawful communications;
Customer's lack of consent;
Customer Content;
Customer configuration;
provider-policy violations;
unauthorised use of Customer credentials;
Meta enforcement;
carrier enforcement; or
independent Third-Party Provider outages.
Aggregate Liability Cap
Advanzala's total aggregate liability arising out of or relating to an affected Service shall not exceed the total Fees actually paid to Advanzala for the affected Service during the six months immediately preceding the event giving rise to liability.
Where the relevant Service has been active for less than six months, the cap shall be the Fees actually paid for that Service up to the relevant event.
The liability cap does not apply where limitation is prohibited by Applicable Law.
Nothing excludes liability for fraud or wilful misconduct where such exclusion would be unlawful.
The parties acknowledge that Service pricing reflects this allocation of risk.
37. CUSTOMER INDEMNITY
Customer shall defend, indemnify and hold harmless Advanzala, its affiliates and their respective directors, employees, officers and agents against third-party claims, regulatory demands, penalties, losses and reasonable legal expenses arising from:
Customer Content;
Customer's business;
unlawful messaging;
unlawful calling;
insufficient consent;
DND violations;
DLT violations;
telecom violations;
Meta-policy violations;
Customer's intellectual-property infringement;
unlawful call recording;
privacy violations;
fraud;
impersonation;
Customer's sector-specific regulatory breach; or
material breach of these Terms,
except to the extent directly caused by Advanzala's own breach, fraud or wilful misconduct.
Advanzala shall provide reasonable cooperation.
Customer shall not settle a claim in a manner that:
admits wrongdoing by Advanzala; or
imposes obligations on Advanzala
without Advanzala's written consent.
38. RESELLERS, CHANNEL PARTNERS AND DOWNSTREAM CUSTOMERS
Where Customer acts as a reseller, distributor, consultant, agency or channel partner:
Customer has no authority to legally bind Advanzala unless expressly authorised;
Customer shall not make unauthorised warranties on Advanzala's behalf;
Customer remains responsible for its downstream customer relationship;
Customer shall ensure downstream use complies with Applicable Law;
Customer shall ensure downstream recipients have required consent;
Customer shall not misrepresent Advanzala pricing or certification;
Customer shall not represent itself as Advanzala unless expressly authorised; and
Customer remains responsible for charges generated by accounts under its commercial control.
Separate partner or reseller terms may supplement this Section.
39. REGULATORY AND LAW-ENFORCEMENT REQUESTS
Advanzala may preserve, disclose, suspend or otherwise act concerning Accounts or data where reasonably necessary to comply with:
Applicable Law;
court orders;
regulatory directions;
governmental requests;
telecom requirements;
lawful investigations; or
emergencies involving serious harm.
Where legally permitted and reasonably practicable, Advanzala may notify Customer.
40. COMPLIANCE INFORMATION
Where reasonably necessary because of:
a spam complaint;
abuse complaint;
regulatory enquiry;
security incident; or
suspected material breach,
Advanzala may request sufficient information to verify compliance.
Customer shall reasonably cooperate.
This clause does not grant Advanzala an unrestricted right to audit Customer's unrelated business records.
41. FORCE MAJEURE
Neither party shall be liable for failure caused by events reasonably beyond its control, including:
natural disaster;
fire;
flood;
earthquake;
epidemic;
pandemic;
war;
terrorism;
civil disturbance;
government restrictions;
regulatory change;
telecommunications failure;
internet failure;
cloud-provider failure;
carrier failure;
Meta outage;
power failure;
labour disruption;
major cyberattack that could not reasonably have been prevented; or
comparable circumstances.
Payment obligations for charges already incurred are not excused by force majeure.
42. GOVERNING LAW
These Terms and the commercial relationship shall be governed by the laws of India.
Mandatory statutory rights apply notwithstanding any inconsistent contractual provision.
43. DISPUTE RESOLUTION
43.1 Good-Faith Escalation
Before commencing arbitration, the parties shall attempt to resolve a dispute through written escalation and good-faith discussions.
Senior representatives shall have at least thirty days to attempt settlement unless urgent relief is necessary.
43.2 Arbitration
Any dispute arising out of or relating to:
these Terms;
an Order Form;
a Service;
payment;
performance;
interpretation;
validity;
termination; or
the commercial relationship
that is not resolved through good-faith discussions shall, where legally arbitrable, be finally resolved under the Arbitration and Conciliation Act, 1996, as amended from time to time.
43.3 Sole Arbitrator
The arbitration shall be conducted by a sole arbitrator mutually agreed by the parties.
If the parties cannot agree upon the arbitrator, appointment shall be made under the Arbitration and Conciliation Act, 1996.
Neither party shall have an exclusive unilateral right to appoint the sole arbitrator.
43.4 Seat
The legal seat of arbitration shall be:
New Delhi, India.
43.5 Venue
Hearings shall ordinarily take place in New Delhi unless the parties or arbitrator determine that:
virtual hearings; or
another venue
would be appropriate.
43.6 Language
The arbitration shall be conducted in English.
43.7 Confidentiality
The parties shall maintain reasonable confidentiality regarding arbitration proceedings, subject to lawful disclosure for:
enforcement;
legal advice;
regulatory compliance; or
court proceedings.
43.8 Courts
Courts of competent jurisdiction at New Delhi, India shall have jurisdiction over:
interim relief;
arbitration supervision;
award enforcement;
permitted challenges; and
non-arbitrable matters.
44. INJUNCTIVE AND INTERIM RELIEF
Nothing prevents either party from seeking urgent interim relief from a competent court where necessary to protect:
Confidential Information;
intellectual property;
security;
data;
systems; or
rights for which damages would not be an adequate remedy.
45. ELECTRONIC ACCEPTANCE AND RECORDS
Customer agrees that contracts, notices, invoices, policies and records may be provided electronically.
Advanzala may retain records including:
date and time of acceptance;
accepting user's identity;
email address;
mobile number;
IP information where lawfully recorded;
Account identity;
Terms version;
Order Form;
payment;
electronic signature;
acceptance checkbox;
transactional logs; and
system records
for evidentiary, security, contractual and legal purposes.
46. COMMUNICATIONS
Customer consents to receive operational communications reasonably required for the Services, including:
invoices;
payment reminders;
onboarding messages;
security notices;
account notices;
service changes;
outage notices;
renewal communications; and
contractual communications.
Marketing communications are subject to applicable consent and opt-out requirements.
47. NOTICES
Advanzala may provide contractual notices through:
Customer's registered email;
Account dashboard;
invoice;
Order Form;
Website notice; or
another reasonable agreed electronic channel.
Customer is responsible for maintaining current contact information.
Formal notices to Advanzala may be sent to:
Advanzala Infotech Private Limited
500, 5th Floor
ITL Twin Tower
Netaji Subhash Place
New Delhi – 110034
India
Email: support@advanzala.in
48. MODIFICATION OF THESE TERMS
Advanzala may modify these Terms because of:
legal changes;
regulatory requirements;
product changes;
security;
provider policies;
new Services; or
reasonable commercial requirements.
For a material change affecting an ongoing paid subscription, Advanzala shall endeavour to give reasonable advance notice unless immediate changes are required by:
law;
security;
emergency circumstances; or
Third-Party Provider action.
Each version shall carry an effective date and/or version number.
Continued use after a properly notified effective date may constitute acceptance to the extent permitted by Applicable Law.
49. ASSIGNMENT
Customer shall not assign the Agreement without Advanzala's prior written consent, which shall not be unreasonably withheld for a legitimate corporate restructuring where the successor is capable of performing Customer obligations.
Advanzala may assign the Agreement to:
an affiliate;
a successor; or
an acquirer of substantially all relevant business/assets,
subject to Applicable Law.
50. SUBCONTRACTING
Advanzala may engage:
employees;
affiliates;
contractors;
telecommunications providers;
cloud providers;
AI providers;
aggregators; and
other service providers
to perform Services.
Advanzala remains responsible for its own contractual obligations subject to these Terms.
51. INDEPENDENT CONTRACTORS
The parties are independent contractors.
Nothing establishes:
partnership;
agency;
employment;
fiduciary relationship; or
joint venture.
Neither party may bind the other without authority.
52. NO THIRD-PARTY BENEFICIARIES
Except where expressly stated, no person other than the contracting parties has contractual rights under these Terms.
53. WAIVER
Failure to enforce a right does not constitute permanent waiver.
A waiver applies only to the specific circumstance for which it is granted.
54. SEVERABILITY
If a provision is held invalid or unenforceable, it shall be modified to the minimum extent reasonably necessary to make it enforceable where permitted.
Remaining provisions continue in effect.
55. ENTIRE AGREEMENT
These Terms, together with applicable:
Order Forms;
Statements of Work;
Data Processing Agreements;
enterprise agreements; and
incorporated policies
constitute the agreement concerning the relevant Services.
They supersede prior representations concerning the same subject matter, except where a later written agreement expressly prevails.
Nothing excludes liability for fraudulent misrepresentation.
56. HEADINGS
Headings are provided for convenience and do not control legal interpretation.
57. INTERPRETATION
Unless context requires otherwise:
singular includes plural;
plural includes singular;
“including” means “including without limitation”;
references to laws include amendments and replacements; and
references to policies include validly updated policies.
58. LANGUAGE
These Terms are prepared in English.
Translations may be supplied for convenience.
Where legally permissible and in case of conflict, the English version prevails.
59. STATUTORY AND NON-WAIVABLE RIGHTS
Nothing in these Terms excludes a right or liability that Applicable Law prohibits the parties from excluding.
Where mandatory consumer-protection law applies to a particular transaction, non-waivable statutory rights prevail over inconsistent provisions.
60. CONTACT INFORMATION
For contractual or Service-related enquiries:
Advanzala Infotech Private Limited
500, 5th Floor
ITL Twin Tower
Netaji Subhash Place
New Delhi – 110034
India
Email: support@advanzala.in
Phone: +91 95829 59959
Website: www.advanzala.in
Privacy-related communications should follow the process stated in Advanzala's Privacy Policy.
61. CUSTOMER ACKNOWLEDGEMENT
BY ACCEPTING THESE TERMS, CUSTOMER ACKNOWLEDGES THAT:
Customer has read these Terms;
Customer understands these Terms;
Customer has authority to enter into the Agreement;
Customer understands certain Services depend on Third-Party Providers;
Customer understands provider prices and policies can change;
Customer understands Meta messaging charges may be separate from Advanzala Fees;
Customer is responsible for lawful recipient consent;
Customer is responsible for compliance with applicable commercial-communication requirements;
Customer understands AI systems may generate inaccurate outputs;
Customer has had the opportunity to review these Terms before acceptance;
Customer understands the limitation-of-liability provisions;
Customer understands the arbitration clause;
Customer understands applicable refund restrictions;
Customer agrees that Advanzala may identify Customer's business name and logo in Advanzala's customer/client portfolio in accordance with Section 20.4; and
Customer agrees to be legally bound by these Terms.
62. ELECTRONIC ACCEPTANCE STATEMENT
Where these Terms are accepted electronically, Customer confirms:
“I confirm that I am authorised to act on behalf of the business or organisation identified in this transaction. I have read and agree to the Advanzala Infotech Private Limited Master Terms of Service, applicable Order Form and Privacy Policy, and I understand that my electronic acceptance is intended to create a legally binding agreement.”
ADVANZALA INFOTECH PRIVATE LIMITED
Terms Version: TOS-2026.08.15
Effective Date: 15 August 2026
© 2026 Advanzala Infotech Private Limited. All rights reserved.