Terms of Service

1. Agreement to Terms

These Terms of Service (the "Terms") form a binding agreement between you ("you", "Customer") and BQuile ("BQuile", "we", "us") governing access to and use of the BQuile platform, web app, APIs, and related services (collectively, the "Service").

By creating an account, integrating a WhatsApp Business Account, or otherwise using the Service, you accept these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

BQuile is an omni-channel customer engagement platform that lets businesses send and receive messages across WhatsApp, Instagram Direct, and Facebook Messenger from a single inbox. The Service provides tooling for live agent support, message templates, broadcast campaigns, contact management, automation, analytics, and team collaboration.

The Service depends on third-party platforms (notably Meta's WhatsApp Business Platform and Graph API) and may evolve, expand, or contract over time as those platforms change.

3. Eligibility & Account Responsibilities

• You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to enter into a contract.
• You are responsible for the accuracy of registration information, the security of credentials, and all activity in your workspace.
• You must promptly notify us of any unauthorized access or security incident affecting your account.
• You are responsible for managing access for the team members, agents, and admins you invite, and for ensuring they comply with these Terms.

4. Acceptable Use & WhatsApp Business Compliance

You agree to use the Service only for lawful business purposes and to comply at all times with the Meta Business Platform Terms, the WhatsApp Business Solution Terms, the WhatsApp Commerce Policy, and the WhatsApp Business Messaging Policy. You acknowledge that violations may result in suspension of your access by Meta or by us.

You will not use the Service to:

• Send unsolicited bulk messages, spam, or content that violates any Meta policy or applicable law.
• Impersonate another person, business, or service, or misrepresent your identity, location, or affiliation.
• Distribute malware, conduct phishing, or attempt unauthorized access to any system.
• Send messages to recipients who have not opted in or who have opted out of receiving messages from your business.
• Send content that is unlawful, defamatory, harassing, hateful, sexually explicit, or that exploits minors.
• Reverse-engineer, copy, scrape, or resell the Service or any of its underlying APIs.
• Circumvent rate limits, quality scores, or security controls imposed by us, Meta, or a third party.

You are solely responsible for the lawfulness of your messaging, the consent of your recipients, and the accuracy of any opt-in records you maintain.

5. Customer Data & Privacy

"Customer Data" means messages, contacts, files, templates, and other content you send to or generate within the Service. As between you and BQuile, you own your Customer Data. You grant us a worldwide, non-exclusive licence to host, store, process, and transmit Customer Data solely to provide and improve the Service and to comply with law.

Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms.

You are responsible for obtaining all consents required to share Customer Data with us and to send messages through the Service. You are the data controller and BQuile acts as a data processor where applicable laws (GDPR, DPDP, CCPA) require that distinction.

6. Third-Party Platforms

The Service relies on integrations with Meta-operated platforms and other third-party services. Your use of those platforms is subject to their own terms and policies. We are not responsible for downtime, policy changes, or actions taken by Meta or any other third-party platform that affect your account or messaging quality.

7. Fees, Billing & Taxes

Paid plans, conversation fees, and Meta-passthrough charges (if any) are described on your invoice or order form. Unless stated otherwise, fees are non-refundable, payable in advance, and exclusive of taxes. You are responsible for all applicable taxes other than those based on our net income.

We may suspend or downgrade access if invoices remain unpaid after a reasonable cure period.

8. Intellectual Property

BQuile, our logo, the Service, and all related software, designs, documentation, and improvements remain the exclusive property of BQuile and our licensors. We grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes during your subscription term.

Feedback you provide is not confidential, and we may use it to improve the Service without obligation to you.

9. Confidentiality

Each party agrees to protect the other party's confidential information using at least the same degree of care it uses for its own confidential information, and to use it solely to perform under these Terms. Confidential information does not include information that is public, independently developed, or rightfully obtained from a third party.

10. Service Availability & Modifications

We work to keep the Service available and reliable, but do not guarantee uninterrupted operation. Maintenance, third-party outages, force-majeure events, or platform restrictions may affect availability.

We may add, remove, or modify Service features at our discretion. Material changes will be communicated through the Service or by email.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD 100, WHICHEVER IS GREATER.

13. Indemnification

You will defend, indemnify, and hold BQuile harmless from any third-party claims, damages, liabilities, and reasonable costs arising from (a) your violation of these Terms, (b) your Customer Data, (c) your messaging activity, or (d) your violation of any law or third-party right.

14. Termination

• You may stop using the Service and close your account at any time.
• We may suspend or terminate your access immediately if you breach these Terms, if Meta or another platform requires it, or if continued operation creates legal, security, or platform-quality risk.
• Upon termination, your right to access the Service ends. We will make Customer Data available for export for a reasonable period and then delete it according to our retention policy.

15. Governing Law & Disputes

These Terms are governed by the laws of India, without regard to conflict-of-laws rules. Any dispute will be resolved in the courts of competent jurisdiction located in India, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

16. Changes to These Terms

We may update these Terms from time to time. The updated version takes effect when posted, and we will indicate the effective date below. Material changes will be notified through the Service or by email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Contact

If you have questions about these Terms, contact us at support@bquile.com or +91 9345950199.