Important Terms & Conditions for Subscription

Please read these terms and conditions provided here and the Engati Terms of Use carefully before subscribing to Engati’s services. If you do not agree with any of these terms, then you shall refrain from using Engati. In these Terms, “Engati”, “we”, and “our” refer to Engati Technologies Inc. and including its subsidiaries and affiliates and “Customer”, “you” and “your” refer to any natural or legal person using the Engati platform through any computer system or mobile based applications individually or on behalf of a legal entity. Capitalized terms not defined herein shall have the meanings given in the Engati Terms of Use.

1.1.  The Subscription will start upon receipt of the initial payment. Fees will be invoiced on a prepaid basis and will become due and payable in accordance with the billing frequency (eg. quarterly, annually) chosen by the Customer.
1.2.  If you opt for automatic billing, you consent to your card details stored with our payment processor and the card to be automatically debited for the subscription amount in the billing frequency initially selected by you on the Engati portal.
1.3.  The validity of the Subscription is for a period of twelve (12) months. The Subscription will renew in the future for the same term selected upon the initial payment.
1.4.  The Fees mentioned on the sign-up page are exclusive of taxes, levies, and duties (“taxes”). You acknowledge and agree to pay any sales, goods and service taxes, accessible by any jurisdiction, at the time of payment of Fees and expenses to Engati.
1.5.  All amounts due and payable by you under these Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind.
1.6.  The Fees mentioned herein are for Subscription for one (1) WhatsApp API. Additional charges for services such as conversations, customisation, Monthly Active Users may be applicable and will be payable as indicated in the invoice. Engati holds the right to escalate subscription prices up to an annual cap of 10%.

2.1. The Subscription Fee is exclusive of Conversation charges. Conversations shall be purchased on a prepaid basis as per Meta(WhatsApp) policies. An additional charge of 10% shall be applicable over the meta pricing for Conversations. It is hereby clarified that all conversations outside of the specified region rate of the Customer will be charged separately by Engati. Click here for more information on Meta pricing.
2.2. The Conversation-based can be altered as per the Meta(WhatsApp) policies and utilization of credit of your wallet will be modified accordingly. You agree to review the policies of Meta(WhatsApp) at all times. Any violation of these policies may lead to suspension of accounts at the discretion of the Meta(WhatsApp) and Engati shall not be responsible for such violation and additional charges thereupon.

3.1. In order to cancel a Subscription, you must notify seven (7) days before the subsequent billing term with an email to contact@engati.com. If the Customer provides a cancellation notice after the billing term, no refund will be issued if they have already been charged.
3.2. Unless otherwise required by law or specified herein, the Customer acknowledges and agrees that no refunds will be granted for Services purchased.
3.3. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through your use of the Services.

4.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, ENGATI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES.
4.2. TO THE FULL EXTENT PERMISSIBLE BY LAW, ENGATI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ENGATI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ENGATI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
4.3. ENGATI’S AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS (US $100) OR THE AMOUNT PAID BY YOU IN THE PRECEDING THREE MONTHS FOR THE SERVICE, WHICHEVER MAY BE LESS.

5.1. To the fullest extent allowed by applicable law, you agree to indemnify and hold Engati, and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account with or without your consent), (b) your violation of the Engati Terms of use, or (c) your infringement upon any intellectual property or other proprietary rights of any individual or entity.
5.2. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). We may, at our own expense, assume the defense and control of any matter otherwise subject to indemnification by you. Doing so shall not excuse your indemnity obligations in this Agreement. The terms of this paragraph will survive any termination or cancellation of the Agreement.

6.1. Engati may revise these Terms from time to time to better reflect: (i) changes to the law; (ii) new regulatory requirements; or (iii) improvements or enhancements made to our Services. If an update affects your use of the Services or your legal rights as a user of our Services, Engati will notify you prior to the update's effective date by sending an email to the email address associated with your account. These updated terms will be effective in no less than seven (7) days from notification. By continuing to access the updated terms you agree to be bound by the revised Terms.

7.1. If requested by you, Engati may assist with the submission of an application for a WhatsApp Verified Account. However, Engati hereby expressly disclaims any guarantee or assurance of the approval of such application by WhatsApp. The decision to approve or reject an application is at the sole discretion of WhatsApp.
7.2. You will be eligible for a refund in cases where you are unable to acquire a WhatsApp API due to the restrictions imposed by Meta. In such circumstances, a refund will be solely applicable to your initial payment limited to the WhatsApp API cost.

8.1. For any concerns regarding privacy or data protection concerns please refer to Engati’s Terms of Use and Privacy Policy.

9.1. For further information, refer to the terms of use available at Terms of Use.
9.2. For any queries related to the terms of use, you may contact Engati at: contact@engati.com.