1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the OptimReach platform, website, and related services (the "Services") provided by MetaGrad Labs Private Limited ("OptimReach", "we", "us").
By creating an account, accessing the Services, or clicking "I agree", you ("Customer", "you") confirm you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
2. Description of Services
OptimReach provides a multi-tenant WhatsApp Business automation, CRM, and operations platform enabling businesses to:
- Automate customer conversations via WhatsApp using flow builders and AI
- Manage customer relationships, orders, appointments, leads, and payments
- Send broadcast campaigns and template messages to customer lists
- Integrate with third-party tools via APIs and webhooks
The Services operate via the Meta WhatsApp Business Cloud API. Your use of the Services is also subject to Meta's WhatsApp Business Terms of Service and Acceptable Use Policy.
3. Eligibility and Account Registration
- You must be at least 18 years of age to use the Services.
- You must register with accurate, current business information.
- You are responsible for maintaining the security of your account credentials.
- You may not share your account with unauthorised persons.
- Notify us immediately at security@optimreach.in if you suspect unauthorised access to your account.
4. Acceptable Use
You agree to use the Services only for lawful purposes. You must NOT:
- Send spam, unsolicited bulk messages, or messages to individuals who have not opted in
- Send messages that are unlawful, harmful, abusive, harassing, defamatory, or obscene
- Violate Meta's WhatsApp Business Acceptable Use Policy or any applicable third-party terms
- Attempt to bypass or disable any security or rate-limiting feature of the Services
- Upload or transmit malware, viruses, or any code designed to damage the Services
- Impersonate any person, company, or entity
- Engage in any activity that could damage OptimReach's relationship with Meta
5. WhatsApp Policy Compliance
- You are responsible for complying with Meta's WhatsApp Business Acceptable Use Policy and Commerce Policy.
- You must obtain valid opt-in consent from all individuals before sending them marketing messages via WhatsApp.
- You must honour opt-out requests immediately. The platform automatically processes STOP/UNSUBSCRIBE keywords, but you are ultimately responsible for compliance.
- You must only send approved template messages outside the 24-hour customer service window.
- OptimReach reserves the right to suspend or terminate your account if we determine, or are notified by Meta, that you are violating WhatsApp policies.
6. Subscription and Payment
- Subscription fees are as set out in your chosen plan or order form.
- Fees are payable in advance, monthly or annually as selected.
- All fees are non-refundable except as required by applicable law or as stated in our refund policy.
- We reserve the right to change pricing on 30 days' written notice. Continued use after the notice period constitutes acceptance of the new pricing.
- Failure to pay may result in suspension or termination of your account.
7. Intellectual Property
OptimReach retains all intellectual property rights in the platform, software, and documentation. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Services for your internal business purposes during the subscription term.
You retain all intellectual property rights in your data, content, flows, templates, and customer information that you upload to or create within the platform.
8. Data and Privacy
Our processing of personal data is governed by our Privacy Policy and, for Customer data, our Data Processing Agreement. You are the Data Controller for your customers' personal data. You are responsible for ensuring you have a valid lawful basis for processing and for providing appropriate privacy notices to your customers.
9. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the Services, and to use such information only as necessary to exercise rights or perform obligations under these Terms.
10. Service Availability and Support
We aim to provide the Services 24/7 but do not guarantee uninterrupted availability. Planned maintenance will be communicated in advance where practicable. We are not liable for downtime caused by third-party services (including Meta's WhatsApp API), force majeure, or your own infrastructure.
Support is provided via email at support@optimreach.in. Response times vary by plan tier.
11. Limitation of Liability
To the maximum extent permitted by applicable law:
- OptimReach's total aggregate liability shall not exceed the total fees you paid in the 12 months preceding the claim.
- OptimReach shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
- OptimReach is not liable for any decisions made based on information processed through the platform.
12. Indemnification
You agree to indemnify, defend, and hold harmless OptimReach, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law; (c) your violation of Meta's WhatsApp policies; or (d) any claim by a third party relating to data you processed using the Services.
13. Termination
Either party may terminate the Agreement on written notice if the other party materially breaches the Agreement and fails to remedy such breach within 30 days of written notice. OptimReach may suspend or terminate your account immediately if: (a) you violate WhatsApp's Acceptable Use Policy; (b) required to do so by law or Meta; or (c) continued provision poses a legal or reputational risk.
Upon termination, your data will be handled in accordance with our Data Retention Policy.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to arbitration under the Arbitration and Conciliation Act, 1996 of India, with the seat of arbitration in Bengaluru, Karnataka, India.
15. Changes to Terms
We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or website notice. Continued use after that period constitutes acceptance.
16. Contact
legal@optimreach.in · MetaGrad Labs Private Limited, #9 MetaGrad Labs Pvt Ltd, Akilandeshwari Templedeva, Budigere, Bangalore Rural, Hoskote, Karnataka, India, 562129