Terms & Conditions

 

 

Agreement to Terms

Canny Digital Marketing (Hereinafter Referred to as “Platform”, ”Mobile Application”, “Canny Digital Marketing”) is a Website & Mobile Based Client Communication integration platform,

This document establishes a legally binding agreement between Registered or Unregistered Users of the Platform (Hereinafter referred to as “You”, “Your”, “User”) and us regarding the use of the platform. It outlines the terms and conditions governing your access and utilization of the platform, as well as our related websites, services, applications, products, and content (Collectively, the “Services”).

By using the Service, you agree to the collection and use of information as described in this policy to provide and enhance the Service. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions unless otherwise defined.

Your acceptance of this document, whether directly or indirectly through electronic means, usage of the platform, or creation of a registered account on the platform (hereinafter referred to as “account”), signifies the effectiveness of the terms outlined herein. These terms will govern the relationship between you and us in the context of your platform use and the services provided therein.

This document is classified as an electronic record under the Information Technology Act, 2000, and relevant regulations. It doesn’t require physical or digital signatures. Please note that this document is not in accordance with the provisions of the General Data Protection Regulation 2016/679 (“GDPR”). Therefore, if you are an EU resident, it’s important to acknowledge that our services are not extended to EU territories, and we don’t claim GDPR compliance.

We urge you to read this document attentively. By accessing the platform and using our services, you indicate your understanding, agreement, and consent to these terms. Should you disagree with any part of this document, kindly refrain from using the platform. You hereby grant your unconditional consent as outlined in Section 43A and Section 72A of the Information Technology Act, 2000 for us to access and utilize the personal information you voluntarily provide to us in connection with platform use and services.

Your use of the Platform and Services implies consent to the collection, storage, processing, and transfer of Personal Information (defined in our Privacy Policies) and Non-Personal Information by us as specified in this document. You agree that this collection, use, storage, and transfer of information won’t result in any loss or wrongful gain for you or any other individual.

If you are using the Services as a representative of an entity like a corporation, partnership, or similar, you confirm that you possess the authority to legally bind that entity to accept these Terms of Use.

Your access to the Platform and utilization of our Services also falls under the purview of our Privacy Policy (pre-signup) and Privacy Policy (post-signup), the terms of which can be directly found on the Platform and are incorporated here by reference. You acknowledge that all agreements, notices, disclosures, and other communications provided by us electronically satisfy the legal requirement for written communication.

Before engaging with the Platform or subscribing to its services, you must have fully read, understood, and accepted the Terms of Use as they are updated from time to time without prior notice. It’s recommended to periodically review this document for any updates. While we’ll make reasonable efforts to notify you of amendments, your continued use of the Platform and/or Services after updated Terms of Use are implemented implies your acceptance of these changes. If you disagree with the updated Terms of Use, refrain from accessing the Platform or using the Services.

We may periodically release new versions of the Platform or introduce new and expanded Services, all of which will be subject to these Terms of Use along with any additional Service-specific terms that may apply to such versions or Services.

Canny Digital Marketing Services

The Platform empowers Users who have subscribed to our subscription plans to access and utilize a secure, cloud-based software that integrates all client communications on a single platform using the WhatsApp Business API. You understand that the Platform’s functionality is dependent on the WhatsApp Business API’s services. Changes to the WhatsApp Business API may impact our ability to deliver Services. However, the Platform has no control over the technical configuration or service delivery of WhatsApp Business API.

Our Services encompass but are not restricted to:

  • Broadcasting and Sending Bulk WhatsApp Messages
  • Unified WhatsApp Channel for Collaborative Team Communication
  • Automated 24/7 Chat Assistance
  • Comprehensive Productivity Reports

Subscription Plans

To avail Canny Digital Marketing Services, users will register and select a suitable plan from the available subscription options. By doing so, you agree to pay the relevant fee indicated in the chosen subscription plan (“Subscription Fee”). The Subscription Fee is payable monthly, quarterly, semi-annually, or annually within seven (7) days from the invoice date. Your subscription will automatically renew unless your account is terminated. Subscription Fee payments are non-cancelable, regardless of your level of utilization, and are non-refundable except where expressly permitted in this Terms of Use.

Taxes, if applicable, are not included in the Subscription Fee. You are responsible for paying any applicable Taxes associated with your purchases. If required, Taxes will be detailed on the invoice.

The Subscription Fee does not cover any charges levied by WhatsApp Business API for Template Messages or Conversations.

Upgrades: You can upgrade between Subscription Plans. Upon upgrading, the new Subscription Fees will be immediately applicable. For the ongoing month, the prorated new Subscription Fees will be charged upon upgrade. Subsequent months will be billed in full according to the new Subscription Fees, and any relevant credits will be adjusted.

WhatsApp Business API

You acknowledge that Canny Digital Marketing has partnered with WhatsApp Business Service Providers to deliver Services through the Platform. The Platform integrates with WhatsApp API, and we may share specific Registration Data with WhatsApp. We disclaim liability arising from your use of WhatsApp API through the Platform.

You must adhere to the terms and conditions set by WhatsApp for the use of WhatsApp Business:

You recognize that WhatsApp may change its policies, including WhatsApp Business Policy, without notice. Your continued use of WhatsApp Business Products through our Platform after such changes implies your consent to those modifications. You confirm compliance with WhatsApp Commerce Policy and that your business activities do not fall under restricted industries outlined in WhatsApp’s commercial policy. WhatsApp may set limits on the number of messages businesses can send per day according to its policy.

WhatsApp has discretion to review, approve, or reject WhatsApp Message Templates submitted by you. WhatsApp doesn’t provide a way to be notified about blocked senders or retrieve a list of blocked users. Violations of WhatsApp policies can lead to suspension or termination of your WhatsApp account and access to WhatsApp Business API.

We assume no responsibility for policy violations, and any additional charges incurred as a result will be your responsibility.

Unforeseeable Circumstances

We will be released from any obligations if our ability to perform is hindered, directly or indirectly, due to unforeseeable circumstances or reasons beyond our control. Such circumstances may encompass acts of nature, conflicts, equipment malfunctions, variations in electrical power, labor strikes, social unrest, labor shortages, disease outbreaks, widespread health crises, government-imposed restrictions, natural calamities, orders from domestic or foreign courts or authorities, the failure of third-party contributions, or any other factors outside of our reasonable control.

Get in Touch

Should you have any inquiries or recommendations regarding our Terms and Conditions, feel free to reach out to us at info@cannydigitalmarketing.com . Your communication is welcome and valued.