Terms of Service
These terms govern your use of the services we provide. Please read them carefully.
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1. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Service.
These Terms constitute a legally binding agreement between you and Kalcend ("we," "us," or "our"). We may update these Terms from time to time, and your continued use of the Service after such changes constitutes acceptance of the new Terms.
Important: These Terms apply to all users, including customers, end-users, and visitors to our website.
2. Service Description
We are a Software-as-a-Service (SaaS) platform that enables businesses to:
WhatsApp Campaign Management
Create, send, and manage WhatsApp Business campaigns to your contact lists
AI-Powered Responses
Automated responses to customer inquiries using AI with human handoff capabilities
Contact & Segment Management
Organize and manage your customer database with advanced segmentation
Analytics & Reporting
Track campaign performance, delivery rates, and customer engagement metrics
Service Availability: While we strive for 99.9% uptime, we do not guarantee uninterrupted service. Scheduled maintenance and unforeseen outages may occur.
3. User Accounts & Registration
Account Requirements
- You must be 18 years or older to create an account
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Notify us immediately of unauthorized account access
Your Responsibilities
- You are responsible for all activities under your account
- Keep your contact information up to date
- Comply with WhatsApp Business Platform policies
- Ensure proper consent for messaging your contacts
4. Acceptable Use Policy
Permitted Uses
- • Legitimate business communications
- • Customer support and service
- • Marketing with proper consent
- • Transactional messages
- • Educational content
Prohibited Uses
- • Spam or unsolicited messages
- • Illegal or fraudulent activities
- • Harassment or abusive content
- • Malware or security threats
- • Violation of third-party rights
Content Guidelines
No Illegal Content
Content must comply with applicable laws and regulations
Respect Privacy
Obtain proper consent before messaging contacts
Professional Standards
Maintain professional and respectful communication
5. Payment Terms & Billing
Subscription Terms
- Subscriptions are billed monthly or annually in advance
- Usage fees may apply for messages sent beyond plan limits
- Prices are subject to change with 30 days notice
- All fees are non-refundable unless required by law
Payment Processing
- Payments processed securely by third-party providers
- Automatic renewal unless cancelled before billing date
- Failed payments may result in service suspension
- Disputes must be raised within 60 days
6. Refund Policy
No Refund Policy
ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. By subscribing to or purchasing any of our services, you acknowledge and agree that all fees paid are non-refundable under any circumstances.
This includes, but is not limited to:
- Monthly or annual subscription fees
- Usage-based charges for messages sent
- Add-on features or services
- Partial billing periods remaining after cancellation
- Account termination for violation of Terms
Cancellation
You may cancel your subscription at any time. However:
- No refunds will be issued for the current billing period
- Access continues until the end of the paid period
- No pro-rata refunds for unused time
Exceptions
Refunds may only be considered in the following limited circumstances:
- Duplicate charges due to technical error
- Where required by applicable law
All exception requests are subject to review and approval at our sole discretion.
Before Subscribing: We strongly recommend utilizing any free trial or demo period to evaluate whether our service meets your needs before committing to a paid subscription.
7. Termination
Termination by You
You may terminate your account at any time by:
- Using the account cancellation feature in your dashboard
- Contacting our support team
Termination is effective at the end of your current billing period.
Termination by Us
We may terminate your account for:
- Violation of these Terms of Service
- Non-payment of fees
- Illegal or abusive use of the service
We will provide 30 days notice when possible, except for immediate threats.
Effect of Termination
Upon termination, your access to the service will cease, and your data will be retained for up to 30 days for recovery purposes, after which it will be permanently deleted unless required for legal compliance.
8. Limitation of Liability & Warranties
Important Notice
DISCLAIMER: The service is provided "as is" without warranties of any kind, whether express or implied. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITY: To the maximum extent permitted by law, our liability for any damages arising from or related to these terms or the service is limited to the amount you paid us in the 12 months preceding the claim.
EXCLUDED DAMAGES: We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or business opportunities.
Service Limitations
- • No guarantee of message delivery
- • Third-party service dependencies (WhatsApp, etc.)
- • Potential service interruptions
- • AI response accuracy not guaranteed
Your Indemnification
- • You indemnify us against claims from your use
- • Content you upload or send through our service
- • Violations of laws or third-party rights
- • Breaches of these terms
9. Governing Law & Disputes
Governing Law
These Terms are governed by the laws of India, without regard to conflict of law principles.
Any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts in Kerala, India.
Dispute Resolution
Before filing any legal action, you agree to first attempt to resolve disputes through:
- Direct negotiation with our support team
- Mediation if negotiation fails
- Arbitration as a last resort before litigation
International Users: If you are accessing our service from outside India, you are responsible for compliance with local laws and regulations.
10. Changes to Terms
We may update these Terms from time to time to reflect changes in our service, legal requirements, or business practices. When we make changes, we will:
- Post the updated Terms on this page
- Update the "Last updated" date at the top
- Notify account holders of material changes via email or in-app notification
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.
11. Contact Information
If you have questions about these Terms of Service, please contact us:
By using the service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.