WatsBerry Beta Terms of Service

1. Acceptance of Terms

WatsBerry is a software product developed, owned, and maintained by Furiq Technologies Private Limited, a company incorporated in India. References to “WatsBerry,” “we,” “us,” or “our” mean Furiq Technologies Private Limited operating under the WatsBerry brand.

WatsBerry is operated from Chennai, India by Furiq Technologies Private Limited and is available to businesses in India, Malaysia, Indonesia, Canada, the United States, the United Arab Emirates, and other countries where Meta’s official WhatsApp Business Platform is available. Feature availability can differ by country (for example in-chat WhatsApp Payments, local tax invoicing, or social-comment automation). Official Cloud API messaging works worldwide where Meta offers it. This document is not legal advice.

By signing up for, accessing, or using the WatsBerry beta platform (“Beta Service,” “Service,” “Platform”), you (“Customer,” “you,” “User”) agree to be bound by these Beta Program Terms of Service, the Disclaimer, and all policies referenced herein (collectively, the “Agreement”). If you do not agree, do not register for or use the Beta Service.

If you are signing up on behalf of a company or organization, you represent that you have the authority to bind that entity to this Agreement.

2. What “Beta” Means

• The Service is a work in progress. Features may be incomplete, experimental, added, removed, modified, or temporarily disabled without prior notice.
• The Service may experience bugs, glitches, downtime, slow performance, or unexpected behavior.
• The Beta Service is for testing, feedback, and gradual rollout, and is not a finished commercial (GA) product.
• We may end the beta program, migrate Customers to a GA version with different terms/pricing, or discontinue beta features at our sole discretion, with reasonable notice where practicable.

3. Disclaimer of Warranties

“AS IS” AND “AS AVAILABLE.” The Beta Service is provided strictly on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted/error-free operation.

We do not guarantee uptime, availability, SLA, feature availability, message delivery rates, campaign performance, conversions, sales outcomes, or ROI during beta.

4. Data Loss & Data Handling During Beta

• Data (contacts, campaigns, chats, flows, templates, analytics, integrations) may be lost, corrupted, or become inaccessible due to bugs, migrations, or feature changes.
• You should maintain your own backups of critical data outside the Platform wherever feasible.
• To the maximum extent permitted by law, we are not liable for data loss arising from use of the Beta Service, except where caused by our gross negligence or willful misconduct.
• Upon termination of your account or the beta program, we may delete Customer data after 90 days' notice, unless you export it beforehand.

5. Payments, Subscription Fees & Meta/WhatsApp Charges

Use of the Service involves two distinct commercial relationships:

• WatsBerry Subscription Fee: payable to Furiq Technologies Private Limited for platform access, tools, and support. Indian customers receive GST tax invoices where GST applies. Customers billed outside India receive invoices in the currency confirmed at invite, plus any VAT, GST, sales tax, or similar tax that applies to that invoice. Public India rupee price cards are not a quote in MYR, IDR, CAD, USD, AED, or another foreign currency.
• Meta/WhatsApp conversation & messaging charges: payable by you directly to Meta via your Meta Business Manager / WhatsApp Business Account billing, under Meta's own pricing and terms. Meta bills by recipient country, not by where your WatsBerry workspace is based.

Furiq Technologies does not collect or control Meta charges. Disputes about Meta billing, pricing, template decisions, account restrictions, or Meta outages must be raised with Meta. Non-payment of the WatsBerry subscription may result in suspension of Platform access (this does not affect your separate Meta relationship).

Refunds for beta subscription fees are governed by our Refund Policy.

6. Customer Responsibilities & WhatsApp Compliance

• You must comply with Meta's WhatsApp Business Messaging Policy, Commerce Policy, and related Meta terms.
• You warrant that you have valid opt-in consent before messaging recipients and will honor opt-outs.
• You must not send spam, unsolicited bulk messages, or content that violates applicable law in the countries where you and your recipients are located (including, as relevant, India’s IT Act 2000, DPDP Act 2023, Consumer Protection Act, and TRAI rules; Malaysia PDPA; Indonesia’s UU PDP; Canada’s CASL and PIPEDA; US TCPA/CAN-SPAM and state privacy laws; UAE PDPL and related rules; GDPR / UK GDPR) or Meta policies.
• Meta alone may suspend or ban your WhatsApp Business Account or phone number for policy violations; WatsBerry has no control over and no liability for those decisions.
• You agree to provide accurate business, billing, and contact information.

7. Intellectual Property & Beta Feedback

WatsBerry, its logo, software, and platform design remain the exclusive property of Furiq Technologies Private Limited. If you provide suggestions, bug reports, or feedback, you grant us a perpetual, royalty-free, worldwide license to use that feedback to improve the Service, without compensation or attribution. Unreleased features, pricing, or roadmap information shared with you as a beta tester should be treated as confidential unless we agree otherwise.

8. Limitation of Liability

To the maximum extent permitted under applicable law, Furiq Technologies Private Limited's total aggregate liability arising out of or relating to the Beta Service shall not exceed the total subscription fees paid by you to Furiq Technologies in the 3 months preceding the claim. Amounts paid to Meta are excluded from this cap. Nothing in this Agreement limits rights that cannot be waived under mandatory consumer-protection law in your country.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, opportunity, or data, even if advised of the possibility. This limitation does not apply to liability arising from our gross negligence, willful misconduct, or fraud, or where prohibited by law.

9. Indemnification

You agree to indemnify and hold Furiq Technologies Private Limited, its directors, officers, employees, and affiliates harmless from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) your violation of this Agreement; (b) your violation of Meta's policies or applicable law; (c) content you send through the Platform; or (d) your violation of third-party rights, including recipient consent/privacy rights.

10. Termination

Either party may terminate beta participation at any time, with or without cause, by written notice. We may suspend or terminate access immediately for Agreement or Meta policy violations, applicable law breaches, or subscription payment failure. Upon termination, your right to use the Platform ceases; your separate Meta relationship and charges are unaffected.

11. Support (Beta Phase)

Support during beta is best-effort via email at [email protected] during business hours (India Standard Time, Monday–Friday, 10:00–18:00). Customers outside India may write at any time; replies are still handled in that window, with no guaranteed response or resolution time. Formal SLA terms may be introduced with GA.

12. Changes to the Service and These Terms

We may update these Terms, the Beta Service, or pricing at any time. Material changes will be communicated via email, in-app notice, and/or website update with reasonable notice. Continued use after changes take effect constitutes acceptance.

13. Governing Law & Dispute Resolution

This Agreement is governed by the laws of India. Courts at Chennai, Tamil Nadu have exclusive jurisdiction over disputes arising out of or relating to this Agreement, except where mandatory law in your country requires otherwise (including non-waivable consumer rights). Parties should first attempt good-faith negotiation before pursuing court proceedings.

14. Data Protection & Privacy

We process personal data in accordance with our Privacy Policy, this Agreement, and applicable data-protection law, including India’s Digital Personal Data Protection Act, 2023 (DPDP Act) and, where they apply to you or your End Users, GDPR / UK GDPR, Malaysia PDPA, Indonesia UU PDP, PIPEDA, CCPA/CPRA, and UAE PDPL. You act as the controller (or data fiduciary) for contact data you upload and message; Furiq Technologies acts as a processor facilitating delivery via the WhatsApp Business Platform. See also our Data Processing Agreement.