Ommify (hereinafter referred to as the “Platform” or “Mobile Application”) is a website and mobile-based platform owned and operated by Ommify Technologies Private Limited, located at 701 NDM-2 Netaji Subhash Place, New Delhi-110034, India (hereinafter referred to as “Ommify,” “we,” “us,” or “our”).

This Terms of Service document is a legally binding agreement between the registered or unregistered user of the platform (hereinafter referred to as “you,” “your,” or “User”) and Ommify. It sets forth the terms and conditions under which you may access and use the platform, including our related websites, services, applications, products, and content (collectively, the “Services”).

These terms will become effective upon your acceptance (directly or indirectly, in electronic form, by clicking on the "I Agree" tab, by using the platform, and/or by creating a registered account on the platform, hereinafter referred to as “Account”) and will govern the relationship between you and Ommify regarding your use of the platform and the services offered therein.

This document is an electronic record as per the Information Technology Act, 2000, and the rules framed thereunder, as applicable, including the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Important Notice :

This document is not published in accordance with the provisions of the General Data Protection Regulation 2016/679 (“GDPR”). Therefore, if you are a resident of the European Union (“EU”), you acknowledge that our services are not extended to EU territories. Furthermore, we do not represent or warrant that we are GDPR compliant.

Please read this document carefully. By using the platform and our services, you indicate that you understand, agree to, and consent to this document. If you do not agree with the terms outlined herein, please do not use this platform. You hereby provide your unconditional consent under Section 43A and Section 72A of the Information Technology Act, 2000, allowing us to access and use your personal information that you have voluntarily provided in connection with your use of the platform and services.

By providing us with your information or by using the platform and the services offered therein, you consent to the collection, storage, processing, and transfer of any or all personal information (as defined in our Privacy Policies) and non-personal information by us as specified in this document. You further agree that such collection, use, storage, and transfer of information will not cause any loss or wrongful gain to you or any other person.

These Terms of Use and the services provided by us are intended for organizations, entities, companies, and, in general, for legal persons only. Any individuals who qualify as consumers (i.e., any natural person acting outside the scope of an economic activity and for purposes different from trade, business, craft, or profession) are excluded.

You must be at least eighteen (18) years old to access and use this platform. Minors (i.e., those below the age of 18) are not entitled to use the services of this platform. The entity or organization on whose behalf you are accessing the platform and availing of the services must be incorporated in accordance with applicable laws.

If you are using the services as an employee, agent, or contractor of a corporation, partnership, or similar entity, you represent and warrant that you have the authority to sign for and bind such entity to these Terms of Use.

Your access to the platform and use of our services is also subject to our Privacy Policy (before signing up) and Privacy Policy (after/during signing up), the terms of which can be found directly on the platform and are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Before you use or subscribe to, and/or begin participating in or using the platform, it is represented and warranted that you, as the user of the platform, have fully read, understood, and accepted the Terms of Use as updated from time to time without any notice to you. You are advised to review these Terms of Use periodically for any updates. We will make reasonable efforts to notify you of amendments to the Terms of Use through a notice on the platform. Your continued access to the platform and/or use of the services from the date of the updated Terms of Use will be deemed as your acceptance of the updated Terms of Use. If you do not agree to or wish to be bound by the updated Terms of Use, you may not access or otherwise use the platform or services.

We may, from time to time, release new versions of the platform or introduce new and additional services. These will be subject to these Terms of Use, as well as any additional terms of service that may apply to such new versions or services.

The Platform offers Users who subscribe to Our plans access to a secure, cloud-based software that integrates all client communications into a single platform, utilizing the WhatsApp Business API ("OMMIFY Services"). You agree and acknowledge that the Platform's functionality relies on the WhatsApp Business API. Any changes to the WhatsApp Business API may impact or prevent Us from delivering OMMIFY Services. The Platform does not have control over the delivery or technical configuration of the WhatsApp Business API.

OMMIFY Services are intended exclusively for business use or internal purposes within the entity or organization that Users represent, and not for any personal or household use. The OMMIFY Services must be utilized solely for their intended purposes. Users are responsible for obtaining internet access and the necessary equipment to use OMMIFY Services.

OMMIFY Services include, but are not limited to:

1. Chatbot

By installing the OMMIFY WhatsApp Chatbot, You can create a digital assistant for Your entity/organization, enabling automatic replies to customer queries.

2. Multiple Agents

Depending on Your subscription plan, You can add multiple agents (e.g., employees) to Your WhatsApp workspace.

3. Private Notes

Authorized employees can add private notes to conversations and contacts, controlling information accessibility within the organization.

4. Sharing Contents

You can create and share text messages, images, videos, locations, contacts, audio, and other content ("Your Content") with clients and others.

5. WhatsApp Message Templates

You can create custom WhatsApp Message Templates, subject to WhatsApp's approval. You acknowledge the associated pricing and are responsible for payments to OMMIFY for template usage.

If You wish to avail OMMIFY Services, You must sign up by following these steps:

1. Visit the Platform’s website (https://OMMIFY.com) and provide Your work email and active mobile number for a free trial. You will be redirected to our Sandbox account to link your WhatsApp number with our shared Sandbox number.
2. Provide additional information related to Your business, such as:
   1. Name of Your entity/organization/Yourself
   2. Registered address
   3. Purpose of the entity
   4. Website
   5. Business category
   6. Contact number
3. Apply for WhatsApp Business API through OMMIFY’s portal. You may opt for assisted onboarding, and our team will provide necessary demos for onboarding.
4. If You decide to sign up after the demos, We will send You an OMMIFY Onboarding Guide via email. This guide will request additional information, including business incorporation documents, utility bills, social media credentials, and the WhatsApp number to be integrated.
5. Upon submission of the Guide and acceptance of the Terms of Use, We will forward it to WhatsApp for review. Once approved, You will receive a one-time password (OTP) and a sign-up link to create an Account and start using OMMIFY Services.

After receiving the sign-up link, You will be redirected to the Website to create an Account on the Platform. As the creator of the Account, You represent that You are a duly authorized representative of the entity named in the Account, and that the information provided is accurate and complete.

You must keep Your login credentials confidential and notify Us immediately of any unauthorized use. We reserve the right to suspend or terminate Your Account if any of the provided information is false or incomplete.

You must choose an appropriate subscription plan as outlined on the Platform’s pricing page (https://OMMIFY.com/pricing). Subscription fees are non-cancellable and non-refundable. Your subscription will renew automatically unless terminated or if You provide a written notice of non-renewal at least 30 days before the subscription term ends.

We accept payment through services like RazorPay and Stripe, and support various payment methods, including credit cards, debit cards, net banking, and UPI. You are responsible for paying any applicable taxes and charges for WhatsApp Message Templates.

OMMIFY partners with WhatsApp Business Service Providers to deliver Services via the Platform. We disclaim any liability for the use of WhatsApp API and any associated policies. You must adhere to WhatsApp's terms and policies, and any violations may result in suspension or termination of Your WhatsApp account.

Once registered on Our Platform, You cannot reuse the WhatsApp number registered with Us on any other platform.

You must keep Your Login Credentials confidential and notify Us immediately if You believe there has been a security breach. If We believe Your credentials are being used improperly, We reserve the right to suspend access to Your Account.

By registering an Account, You consent to receive notifications from Us regarding service announcements, marketing, and other communications. Some notifications are mandatory and cannot be opted out of, and You must stop using the Platform to avoid receiving them.

You consent to the retention and sharing of Your Account Information with third parties as described. You also agree to receive promotional communications from Us and our partners, and You are responsible for any third-party communications related to the Platform.

WhatsApp Message Template

1. WhatsApp Message Template Policy

   1. WhatsApp reserves the right to modify acceptable message types and related policies at its sole discretion.
   2. You may only initiate chats using approved WhatsApp Message Templates, subject to applicable pricing. These templates must adhere to WhatsApp's terms and be used solely for their designated purposes. WhatsApp reserves the right to review, approve, or reject any template at any time.
   3. You acknowledge responsibility for any variable costs associated with WhatsApp Message Templates, billed by us. Since February 1, 2022, WhatsApp has transitioned to conversation-based pricing, details of which can be found here.

2. Platform Access and Use of Services

   You must not use the Platform or Services to host, display, upload, modify, publish, transmit, store, update, or share any content that:

   1. Belongs to another person and is used without their permission.
   2. Is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, harassing, or otherwise illegal or unethical.
   3. Is harmful to children.
   4. Infringes on any patent, trademark, copyright, or other proprietary rights.
   5. Violates any law currently in force.
   6. Deceives or misleads recipients about the origin of the message or conveys false information that could be perceived as factual.
   7. Impersonates another individual.
   8. Threatens the unity, integrity, defense, security, or sovereignty of India, disrupts public order, or insults other nations.
   9. Contains viruses or harmful software designed to damage or disrupt computer resources.
   10. Is patently false or misleading and intended to harm or deceive for financial gain.
   11. Contains unlawful information that is prohibited by law in the interests of sovereignty, security, or public order, or relates to defamation or incitement to an offense.
   12. Includes private information of any third party, such as addresses, phone numbers, or other personal data.

   You agree not to use the Platform to:

   1. Transmit any material that contains viruses or other harmful software.
   2. Disrupt normal dialogue flow, cause excessive scrolling, or interfere with other users' real-time exchanges.
   3. Interfere with the Platform, servers, or networks connected to it.
   4. Violate any local, state, national, or international law, including regulations set by Indian authorities.
   5. Commit any fraudulent or unlawful acts.
   6. Create unauthorized copies, modify, adapt, reverse engineer, or derive any works from the Services.
   7. Distribute, license, transfer, or sell any part of the Services.
   8. Market, rent, or lease the Services without express written consent.
   9. Use the Services for unauthorized commercial purposes or spam.
   10. Incorporate the Services into any other program or product.
   11. Impersonate others or falsely represent your affiliation with any entity.
   12. Infringe on any proprietary rights of others.
   13. Attempt to use another user's account or create a false identity.
   14. Sell advertising or promotions linked to the Service without authorization.

   You must also comply with our Privacy Policies, which may be updated periodically.

   You are solely responsible for all information transmitted through the Platform. Your communications via WhatsApp Business are encrypted, and we have no access to them. In the event of non-compliance with these Terms of Use, we may terminate your registration or restrict access to the Platform without prior notice.

   The Platform may contain third-party content or links to third-party websites. We do not control such content and are not responsible for its accuracy or availability. You must review the privacy policy and terms of use of third-party content before using it.

   By using the Platform, you release us from any liability arising from your interactions with third-party content.

3. Personal Data Protection

   Personal Data Handling:

   1. We will not disclose or use your Registration Data except as necessary to fulfill our obligations.
   2. We will not disclose your Personal Data to third parties without your prior written consent, subject to certain conditions.
   3. We employ safeguards to prevent unauthorized use or disclosure of your Personal Data.
   4. In the event of a security breach involving your data, we will investigate, correct, and notify you as soon as possible.

4. Intellectual Property Rights and Platform License

   1. The intellectual property rights in the Platform and its content belong to us or our licensors and are protected by law.
   2. We grant you a limited, non-exclusive, revocable license to access and use the Platform for personal purposes only. This license does not permit the resale or commercial use of the Platform.
   3. You must not re-utilize or systematically extract content from the Platform without permission.
   4. The trademarks and intellectual property of OMMIFY and third parties are protected, and you may not use them without authorization.