Terms of Service

Welcome to Engagezilla! These Terms of Service (“Terms”) govern your access to and use of Engagezilla’s website, services, and platforms (“Services”). By accessing or using Engagezilla, you agree to these Terms. If you do not agree, please do not use the Services.

1.Definitions

  • “Engagezilla” refers to Engagezilla, its affiliates, officers, employees, licensors, and service providers.
  • “User” includes any individual, entity, or organization that accesses, browses, interacts with, or utilizes Engagezilla’s Services, including:
    • Visitors: Individuals browsing Engagezilla without creating an account.
    • Registered Users: Individuals or entities who have created an account, including free trial users, beta users, and paid users.
    • Subscribers/Clients: Users who have subscribed to Engagezilla’s services on a paid plan.

2.WhatsApp Web Automation Disclaimer

  • Engagezilla is an independently developed, unofficial tool designed to help small and medium businesses automate interactions through WhatsApp Web.
  • Engagezilla has no affiliation, endorsement, or support from WhatsApp™, Meta™, or any of their parent or subsidiary companies.
  • Improper usage of this tool may be considered a violation of WhatsApp’s Terms of Service, and Engagezilla assumes no responsibility for any actions taken by WhatsApp, including account suspensions or bans.
  • No Uptime or Business Continuity Guarantee:
    • WhatsApp may update its Web Version at any time, which may break or disrupt the automation features of Engagezilla.
    • Engagezilla does not guarantee service uptime or continuity and will not be liable for any business losses resulting from disruptions or WhatsApp updates.
    • Engagezilla does not provide refunds for any downtime caused by WhatsApp updates.
  • If your business relies heavily on WhatsApp for communication, we recommend using the WhatsApp Business API instead.

3.Use of Services

Users agree to use Engagezilla’s Services responsibly and in compliance with:

  • Applicable laws and regulations, including the Information Technology Act of India and rules framed thereunder.
  • These Terms and any updates Engagezilla may make to them.

Engagezilla reserves the right to:

  • Suspend or terminate accounts for violations of these Terms or misuse of the Services.
  • Modify, suspend, or discontinue any service, including beta or trial offerings, without prior notice.

4.Disclaimer of Warranties

Engagezilla provides the Services on an “as-is” and “as-available” basis. Engagezilla disclaims all warranties, express or implied, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • Any assurance that Services will meet User expectations, operate uninterrupted, or be error-free.
  • Engagezilla does not guarantee business continuity and shall not be responsible for any interruptions due to changes in WhatsApp Web functionality.

Users acknowledge that their use of Engagezilla is at their sole risk, and Engagezilla makes no representations regarding reliability, timeliness, or performance.

5.Third-Party Services

  • Engagezilla operates independently but may integrate or interact with third-party platforms such as WhatsApp. These services are governed by their own terms, conditions, and privacy policies.
  • Engagezilla is not liable for any issues, including account suspensions, arising from the use of such third-party services.
  • Users authorize Engagezilla to process data shared through integrations as per these Terms.
  • Engagezilla is not responsible for any data transmission errors, service disruptions, or policy violations related to third-party integrations.

6.Indemnification

 Users agree to indemnify, defend, and hold harmless Engagezilla, its affiliates, officers, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, expenses (including reasonable attorneys’ fees), or other costs arising out of or related to:

  • Their use or misuse of Engagezilla’s Services.
  • Any breach of these Terms by the User.
  • Any content submitted by the User, including data, text, or other materials.
  • Actions violating third-party rights, such as intellectual property or privacy rights.

Engagezilla reserves the right to assume exclusive control of its defense in such claims, and Users agree to cooperate fully in asserting available defenses.

7.Limitation of Liability

To the fullest extent permitted by law:

  • Engagezilla shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
  • Engagezilla’s liability shall not exceed the amount paid by the User for the services during the six (6) months preceding the claim.

8.Force Majeure

Engagezilla shall not be liable for any delay or failure to perform due to circumstances beyond its reasonable control, including:

  • Acts of God, natural disasters, strikes, government actions, or regulatory changes.
  • Technical failures, power outages, or internet disruptions.
  • WhatsApp updates that affect automation functionality.

9.User Responsibilities and Acceptable Use

Users are responsible for:

  • The confidentiality of their login credentials, including passwords, account details, and API keys (if applicable).
  • Ensuring that their use of Engagezilla complies with all applicable laws and regulations.
  • Regularly reviewing these Terms and staying informed about updates.

Prohibited Activities: Users may not:

  • Violate any laws or regulations.
  • Use Engagezilla for spamming, bulk messaging, or violating WhatsApp’s policies.
  • Attempt unauthorized access to Engagezilla’s platform.

Engagezilla shall not be responsible for unauthorized use of an account due to a user’s failure to maintain security.

10.Intellectual Property

All content, trademarks, and materials on Engagezilla’s platform are the exclusive property of Engagezilla or its licensors. Users may not copy, modify, distribute, or use Engagezilla’s intellectual property without prior written consent.

11.Termination

Engagezilla reserves the right to terminate or suspend a User’s access to the Services for:

  • Violations of these Terms.
  • Misuse of the Services.
  • Non-compliance with WhatsApp’s policies.

Upon termination:

  • Engagezilla will delete or disable access to User data per applicable laws and internal data retention policies.
  • Engagezilla shall not be liable for any data loss post-termination. Users must ensure they back up their data before account closure.

12.Marketing and Promotions

By using Engagezilla’s services, Users grant Engagezilla the right to use their name, logo, and testimonials for marketing and promotional purposes. Users may opt out by notifying Engagezilla in writing.

13.Governing Law and Jurisdiction

These Terms shall be governed by the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Chandigarh, India.

14.Updates to Terms

Engagezilla reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Users are encouraged to review the Terms regularly.

15.Privacy Policy

Your use of Engagezilla’s services is also subject to our Privacy Policy, which outlines how your data is collected, used, and protected. By using our services, you agree to the terms of the Privacy Policy. It is your responsibility to review the Privacy Policy periodically for updates. You can access the Privacy Policy here.

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