Document Overview & Enforceability
This document is published under the engineering and governance authority of Yash Kumar Jha, Founder & Chief Solutions Architect of New Age Technology. Please review all terms, data privacy practices, and SLA specifications carefully.
1. Agreement to Terms
By accessing our software-as-a-service (SaaS) platforms, developer APIs, WhatsApp Business API connectors, or contracting our custom software and web development services, you agree to be bound by these Terms of Service. If you are entering into this agreement on behalf of a company, you represent that you have the authority to bind that entity.
2. Services Offered
- SaaS Platforms & Developer APIs: Access to cloud dashboards, automation engines, and API endpoints.
- WhatsApp Business API Solutions: Middleware, webhook routing, and integration connectors interfacing with Meta infrastructure.
- Custom Engineering Services: Bespoke web development, mobile application development, cloud setup, and technical consulting.
3. Account Responsibilities & Acceptable Use
- Credentials: You are responsible for safeguarding your login credentials, API keys, and access tokens. Any activity occurring under your credentials is your responsibility.
- Prohibited Conduct: You agree not to:
- Reverse engineer, decompile, or attempt to extract source code from proprietary platforms.
- Use the services to distribute spam, malware, phishing payloads, or unlawful content.
- Violate Meta’s WhatsApp Business Messaging Policies or Commerce Policies.
- Exceed agreed API rate limits or launch Denial of Service (DoS) attacks against our infrastructure.
4. Custom Development IP & Deliverables
- Client Deliverables: Upon full and final settlement of all agreed project fees, full intellectual property rights to custom-developed code, designs, and deliverables transfer to the client, subject to specific project agreements.
- Company Background IP: Pre-existing libraries, internal SaaS architectures, base frameworks, boilerplates, and developer tools remain the exclusive property of [Company Legal Name].
5. Service Levels & Availability (SLA)
- SaaS Uptime: We strive for a target monthly uptime of 99.9% for production APIs, excluding scheduled maintenance windows notified in advance.
- Third-Party Dependencies: We are not liable for outages, delays, or service degradations caused by external platforms (e.g., Meta Platforms/WhatsApp server downtime, cloud hosting outages, local ISP blackouts).
6. Fees, Billing, and Subscriptions
- SaaS Subscriptions: Invoiced in advance on a recurring monthly or annual basis. Unpaid balances past due may result in API token suspension.
- WhatsApp Messaging Fees: Incurred based on Meta’s standard conversation/message pricing plus agreed platform routing fees.
- Engineering Engagements: Billed on milestone or time-and-materials terms as set out in the applicable Statement of Work (SOW).
7. Limitation of Liability & Indemnification
- Cap on Liability: To the maximum extent permitted by law, our total aggregate liability for any claims arising out of or related to our services is limited to the amount paid by you in the 12 months preceding the claim.
- Indirect Damages: Neither party will be liable for lost profits, loss of data, business interruption, or indirect, consequential, or punitive damages.
- Client Indemnity: You agree to indemnify and hold us harmless against third-party claims arising from your end-user communications, opt-in violations, or data processed through your integrations.
8. Termination
Either party may terminate the service agreement:
- For convenience, upon 30 days' written notice (subject to active enterprise contract terms).
- Immediately, if the other party commits a material breach (such as policy violations or non-payment) and fails to cure it within 14 days of receiving notice.
9. Governing Law & Dispute Resolution
These Terms are governed by and construed under the laws of Rajasthan, India, without regard to conflict of law principles. Any dispute shall be resolved through binding arbitration or the exclusive jurisdiction of the competent courts in Jaipur, Rajasthan, India.
New Age Technology Legal Governance
Signed & Approved by Yash Kumar Jha