Four men in business attire are engaged in a discussion around a table. One man appears to be explaining something while pointing at some documents in front of them. The others are listening attentively, and one holds a pen and a mobile device. The setting is a plain office environment.

(Full Content)

1. Introduction

Welcome to PINGANA, a business operating from Shop No.4, Plot No.6, Nirmal Arcade, Mahatma Phule Nagar, Sector 18, Chikhali Road, Pune, Maharashtra – 411019, India.

These Terms & Conditions (“Terms”) govern your access to and use of PINGANA’s website, services, communication platforms, and messaging solutions, including but not limited to WhatsApp Official Business API and Rich Communication Services (RCS) messaging.

By accessing or using our services, you agree to comply with and be legally bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use immediately.

These Terms are drafted in accordance with the Information Technology Act, 2000, applicable rules thereunder, Indian Contract Act, 1872, and relevant Indian laws.


2. Definitions

For the purpose of these Terms:

  • “Company” / “PINGANA” / “We” / “Us” / “Our” refers to PINGANA.
  • “User” / “Client” / “You” / “Your” refers to any individual or business accessing or using our services.
  • “Services” refers to messaging services, WhatsApp Official API access, RCS communication services, automation solutions, promotional messaging, and related digital services provided by PINGANA.
  • “Platform” refers to our website, dashboards, applications, APIs, and communication channels.
  • “Meta” refers to Meta Platforms, Inc., including WhatsApp.
  • “RCS” refers to Rich Communication Services enabled through telecom operators and Google.
  • “Applicable Law” refers to Indian laws in force.

3. Acceptance of Terms

By accessing our Platform or using any services provided by PINGANA, you:

  • Confirm that you have read and understood these Terms.
  • Agree to comply with all applicable laws and regulations.
  • Accept Meta Business Messaging Policies and RCS Business Messaging Guidelines where applicable.

Continued usage constitutes binding acceptance.


4. Description of Services

PINGANA provides:

  • WhatsApp Official Business API onboarding and messaging support.
  • RCS business messaging solutions.
  • Promotional, transactional, OTP and service messaging.
  • Messaging automation and campaign management.
  • Customer communication management tools.

We act as a messaging enabler and facilitator. Delivery of messages depends on third-party networks including Meta, telecom operators, and internet service providers.


5. Eligibility

You must:

  • Be at least 18 years old.
  • Have authority to bind your organization legally.
  • Use services for lawful business purposes only.

PINGANA reserves the right to refuse service if eligibility criteria are not met.


6. Account Registration

To access certain services, you may be required to:

  • Provide accurate business information.
  • Submit KYC documents if required.
  • Maintain confidentiality of login credentials.

You are responsible for all activities conducted through your account.

Providing false or misleading information may result in immediate suspension.


7. User Responsibilities

You agree:

  • To send messages only to users who have provided valid opt-in consent.
  • Not to send spam, fraudulent, abusive, illegal, or misleading content.
  • To comply with TRAI regulations, IT Act 2000, and Meta messaging policies.
  • Not to use the Services for phishing, gambling, adult content, or prohibited industries.

You are solely responsible for message content and recipient database compliance.


8. Payment & Billing Terms

  • Services may be prepaid, postpaid, or subscription-based.
  • All fees are exclusive of applicable GST.
  • Payments once made are non-refundable unless otherwise agreed in writing.
  • Delayed payments may result in suspension.

Pricing may change with prior notice.


9. Subscription Renewal & Termination

Subscriptions renew automatically unless canceled prior to renewal date.

PINGANA may suspend or terminate services:

  • For violation of these Terms.
  • For non-payment.
  • If required by Meta or telecom authorities.

Upon termination, access to the platform may be revoked without liability.


10. Use of WhatsApp Official API & RCS

Users must comply with:

  • Meta Business Messaging Policy.
  • WhatsApp Commerce Policy.
  • Google RCS Business Messaging Policies.
  • Telecom operator compliance standards.

PINGANA does not control Meta or telecom decisions regarding account approval, message template approval, or quality rating.

Violation of policies may lead to immediate suspension.


11. Message Delivery & Compliance Policy

Message delivery depends on:

  • Network availability.
  • End-user device compatibility.
  • Third-party platform policies.

PINGANA does not guarantee 100% delivery rates.

You must maintain:

  • Explicit opt-in records.
  • Opt-out mechanisms.
  • Transparent communication practices.

12. Intellectual Property Rights

All content, software, trademarks, logos, documentation, and proprietary systems belong to PINGANA or its licensors.

Users may not:

  • Reverse engineer systems.
  • Copy proprietary materials.
  • Use brand identity without authorization.

Meta and WhatsApp trademarks belong to Meta Platforms, Inc.


13. Confidentiality

Both parties agree to protect confidential information shared during the course of service.

Confidential information shall not be disclosed except:

  • With prior written consent.
  • As required by law.
  • To regulatory authorities.

14. Disclaimer of Warranties

Services are provided on an “as-is” and “as-available” basis.

PINGANA does not warrant:

  • Uninterrupted or error-free operation.
  • Guaranteed message delivery.
  • Platform availability without downtime.

We disclaim implied warranties including merchantability and fitness for a particular purpose.


15. Limitation of Liability

To the maximum extent permitted under Indian law:

PINGANA shall not be liable for:

  • Indirect, incidental, special, or consequential damages.
  • Business losses, data loss, or reputational harm.
  • Loss caused by Meta or telecom network actions.

Total liability shall not exceed the amount paid by the User in the preceding three months.


16. Indemnification

You agree to indemnify and hold harmless PINGANA from:

  • Claims arising from your message content.
  • Violation of laws or regulations.
  • Breach of Meta or RCS policies.
  • Data privacy violations caused by you.

17. Governing Law (India)

These Terms shall be governed by the laws of India.

Courts located in Pune, Maharashtra shall have exclusive jurisdiction.


18. Changes to Terms

PINGANA reserves the right to modify these Terms at any time.

Updated versions will be posted on the website. Continued use implies acceptance.


19. Contact Information