Terms of Service

1.The agreement

These Terms of Service are entered into between Fonabit India Private Limited, a company incorporated in India (CIN U62099HR2023PTC116552) with its registered office at Unit No. 762, 7th Floor, JMD Megapolis, Sector 48, Gurugram, Haryana 122018 ("Fonabit", "we", "us"), and the person or entity that uses the platform ("you", "Customer").

The domains fonabit.com and fonabit.ai are operated by the same business — Fonabit India Private Limited. These Terms apply to both, and to Aibit, Netbit, the consoles, the APIs, the SDKs and the documentation.

The following are incorporated into this agreement by reference: our Privacy Policy, the plan and rate details published on our Pricing page, any order form or enterprise agreement you sign, and — for WhatsApp traffic — the Meta terms listed in section 5. Where a signed enterprise agreement conflicts with these Terms, the signed agreement prevails.

2.Definitions

• Platform — the Fonabit.AI service, including Aibit, Netbit, consoles, APIs and SDKs.
• Aibit — the AI workspace, including chat, agents, code and campaign features.
• Netbit — the communications platform delivering WhatsApp, SMS, Voice, Email and RCS.
• Customer Content — data you submit to the platform: contacts, message bodies, templates, media, prompts, files and configurations.
• Recipient — an end user who receives a message you send through Netbit.
• Meta — Meta Platforms, Inc. and its affiliates, including WhatsApp LLC and Meta Platforms Ireland Limited.
• Meta Terms — the WhatsApp Business Terms of Service, WhatsApp Business Messaging Policy, WhatsApp Commerce Policy and any other Meta policy applicable to the WhatsApp Business Platform.

3.Accounts and eligibility

• You must be at least 18 years old and legally able to enter into contracts.
• The platform is for business use. Consumer use is not supported.
• You must provide accurate registration, business-verification and billing information and keep it current. Impersonating another business is grounds for immediate termination.
• You are responsible for everything done under your account, including by your users and by anyone using your API keys. Keep credentials secret; rotate them if exposed; tell us immediately at info@fonabit.com if you suspect compromise.
• You must complete any KYC, sender-identity or business-verification step that we, a carrier, a regulator or Meta requires before a channel is enabled.

4.The service we provide

Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the platform during the term, for your internal business purposes.

We provide the platform on a software-as-a-service basis and may modify, improve or deprecate features. For changes that materially reduce core functionality on a paid plan, we give at least 30 days' notice.

You may not: resell, sublicense or provide the platform to third parties except under a reseller agreement we have signed; reverse engineer, decompile or attempt to derive source code; circumvent rate limits, quotas or security controls; use the platform to build a competing product; or remove proprietary notices.

5.Meta and WhatsApp Business Platform terms

Fonabit is a Business Solution Provider for the WhatsApp Business Platform. When you send WhatsApp traffic through Netbit, you are also messaging on Meta's infrastructure, and Meta's own rules apply to you directly.

You further acknowledge and agree that:

• Meta sets its own rules and enforces them independently. Meta may reject a template, reduce your messaging limits, lower your quality rating, or suspend or disable your WhatsApp Business Account. Fonabit does not control those decisions and is not liable for them.
• Meta's decisions bind us too. If Meta instructs us to stop delivering your traffic, we must comply, and we may suspend the channel without prior notice.
• Templates require Meta's approval before use, and must match the category (marketing, utility or authentication) that matches their actual content. Miscategorising a template to obtain a lower price is a breach of these Terms.
• The customer service window applies. Free-form messages may only be sent within 24 hours of the recipient's last message. Outside that window, only approved templates may be sent.
• You authorise us to act as your BSP. You permit Fonabit to access your WhatsApp Business Account to register numbers, submit templates, send and receive messages, and retrieve quality and delivery metrics on your behalf. You may revoke this in Meta Business Manager, which will end WhatsApp service.
• Meta charges pass through. Conversation and per-message pricing set by Meta is charged to you at the rates published on our Pricing page and may change when Meta changes its rate card.
• Equivalent rules apply on other channels — carrier and regulator requirements for SMS and voice (including DLT registration in India, A2P 10DLC and STIR/SHAKEN in the United States), Google's policies for RCS, and anti-spam law for email.

6.Your messaging obligations

You are the sender. You decide who is messaged and what is said, and you are solely responsible for that content and for having the right to send it.

6.1 Opt-in

• Obtain explicit, informed opt-in from every recipient before the first message, on the specific channel, from the identified business, for the type of message you intend to send.
• Keep proof. Retain a record of when, where and how consent was captured, and produce it to us within 5 business days if we ask.
• Never use purchased, rented, scraped or inferred contact lists. A list acquired from a third party is not consent.
• Where the law requires it, opt-in must be separate from other consents and not bundled into general terms acceptance.

6.2 Opt-out

• Honour every opt-out immediately, and in any case within 24 hours. Netbit auto-detects STOP, UNSUBSCRIBE and local-language equivalents and suppresses the contact; you must also honour opt-outs received through any other route.
• Do not attempt to circumvent suppression by re-uploading a contact, switching sender ID, or moving the recipient to another channel.
• Keep your own suppression list in sync with the platform's.

6.3 Identity and content

• Identify your business clearly in every message. Do not spoof a sender ID, impersonate another business or person, or imply an affiliation you do not have.
• Do not send at volumes, frequencies or hours that would reasonably be considered harassment, and respect local quiet-hours and do-not-disturb rules.
• Message content must be accurate, lawful in both your jurisdiction and the recipient's, and match the approved template category.

Breach of this section is a material breach. It may result in immediate suspension under section 15, and it exposes you to enforcement by Meta, carriers and regulators.

7.Prohibited use

You must not use the platform, or allow it to be used, to:

• Send spam, unsolicited bulk messages, or any message to a recipient who has not opted in or who has opted out.
• Conduct phishing, smishing, vishing, or any attempt to obtain credentials, OTPs, card details or personal data by deception.
• Operate or promote fraud, including advance-fee fraud, fake investment or loan offers, romance scams, lottery scams and pyramid or multi-level marketing schemes.
• Distribute malware, ransomware, or links to malicious or deceptive sites.
• Publish or transmit content that is unlawful, defamatory, obscene, sexually explicit, hateful, harassing, or that incites violence, terrorism, self-harm or discrimination.
• Transmit child sexual abuse material, or any content that sexualises minors. We report such content to law enforcement without notice to you.
• Infringe intellectual property, publicity or privacy rights.
• Send political campaigning or election-related messaging where prohibited by the destination country, Meta, or a carrier.
• Interfere with the platform's operation — stress testing without written permission, circumventing rate limits, probing for vulnerabilities outside our disclosure programme, or using automated means to extract data at scale.
• Route traffic for an undisclosed third party, or act as an unauthorised reseller, aggregator or SIM-farm operator.
• Evade telecom regulation, including grey-route termination, SIM boxing, sender-ID spoofing, or bypassing DLT or equivalent registration.
• Process data of individuals in a jurisdiction where you are not permitted to do so, or transmit sensitive personal data without a lawful basis.

We may monitor traffic patterns and metadata to detect abuse. We do not routinely read message content, but we may inspect it where necessary to investigate a suspected violation, to comply with law, or at the direction of Meta, a carrier or a regulator.

8.Restricted and prohibited goods and services

Meta's WhatsApp Commerce Policy prohibits the sale or promotion of certain goods and services on the WhatsApp Business Platform. Where you use the WhatsApp channel, you must not promote, offer or facilitate the sale of:

• Illegal, prescription or recreational drugs, and related paraphernalia.
• Tobacco, vaping, e-cigarettes and related products.
• Alcohol, where prohibited by the destination jurisdiction or the applicable Meta policy.
• Weapons, ammunition, explosives and their components.
• Animals, live or endangered, and products made from endangered species.
• Adult products, services or sexually suggestive content.
• Gambling, betting, real-money games of chance, and lotteries, except where separately approved in writing by both Fonabit and Meta for a licensed operator in a permitted market.
• Body parts, bodily fluids and human remains.
• Medical and healthcare products where Meta's policy restricts them, including unapproved supplements and misleading treatment claims.
• Digital currencies, tokens and unlicensed financial products where restricted.
• Stolen or counterfeit goods, and items that infringe third-party rights.
• Real-money loan offers, credit repair and debt collection that do not meet local licensing requirements.

This list mirrors Meta's policy at the date of publication and is not exhaustive. The current WhatsApp Commerce Policy governs, and Meta may change it at any time. Regulated sectors — financial services, healthcare, insurance and pharmaceuticals — may use the platform where they hold the necessary licences and their messaging meets sector rules.

9.AI features

• You own your inputs and outputs. As between you and us, you retain rights in the prompts and files you submit, and we assign to you whatever rights we have in the output generated for you.
• We do not train on your content. Customer Content is not used to train or fine-tune Fonabit models or any third-party model, as set out in our Privacy Policy.
• Output may be inaccurate. AI systems can produce plausible but wrong results. You are responsible for reviewing output before relying on it, and must not present it as professional legal, medical or financial advice.
• Output is not unique. Similar prompts may generate similar results for other customers, so we make no claim that output is original or exclusive to you.
• Disclose AI where required. If you deploy an AI agent that converses with recipients, you must disclose that they are interacting with an automated system where the law, Meta's policy or basic fairness requires it, and offer a route to a human.
• You must not use AI features to generate content prohibited under section 7, or to circumvent a model provider's safety controls.

10.Fees, taxes and billing

• Subscription fees for Aibit plans are billed in advance, monthly or annually, and are non-refundable except as required by law or expressly stated here.
• Usage fees for Netbit are charged per message, minute or conversation at the rates on our Pricing page, and are drawn from a pre-funded wallet. Wallet balances are non-refundable once consumed and expire 24 months after the last top-up.
• Taxes. All prices are exclusive of taxes. Invoices are raised by Fonabit India Private Limited. Where the place of supply is in India, 18% GST is charged under GSTIN 06AAFCF7056H1ZK. Add your GSTIN in billing settings to claim input tax credit. Supplies to customers outside India are treated as an export of services and Indian GST is not applied; you remain responsible for any tax, withholding or reverse-charge obligation in your own jurisdiction.
• Rate changes. Carrier and Meta rates change. We give 15 days' notice of an increase to our published rates, except where a carrier or Meta changes its rate card with less notice, in which case we pass the change through as soon as it takes effect.
• Late payment. Undisputed invoices are due within 15 days. We may charge interest at 1.5% per month on overdue amounts and suspend service after 7 days' written notice.
• Disputes. Raise a billing dispute within 30 days of the invoice date, in good faith and with detail. Undisputed amounts remain payable.
• Free tier. Free allowances are provided as-is, may be changed or withdrawn at any time, and carry no SLA.

11.Data protection

Our handling of personal data is set out in the Privacy Policy, which forms part of this agreement.

• For Customer Content, you are the controller and we are the processor. We process it only on your documented instructions, which these Terms and your use of the platform constitute.
• You warrant that you have a lawful basis for every recipient you message, that you have given the notices and obtained the consents the law requires, and that your instructions to us do not cause us to breach applicable data protection law.
• We maintain the security measures described in our Privacy Policy, impose confidentiality on personnel with access, and flow equivalent obligations down to sub-processors.
• We assist you, at your cost where the effort is material, with data subject requests, impact assessments and regulator consultations.
• Customers subject to the GDPR, UK GDPR or CCPA may request our Data Processing Addendum from info@fonabit.com; once signed it takes precedence over this section for the processing it covers.
• On termination we delete or return Customer Content in line with the retention schedule in the Privacy Policy, except for records we must keep by law and for suppression lists, which are retained permanently so that opt-outs are never lost.

12.Intellectual property

We own the platform, including all software, models, infrastructure, documentation, designs and the Fonabit, Aibit and Netbit trade marks. Nothing here transfers that ownership to you.

You own Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit and display it strictly as needed to operate the platform and deliver your messages, and to comply with law.

If you give us feedback or suggestions, we may use them without restriction or obligation to you.

We may use your name and logo to identify you as a customer on our website and in sales materials. Email info@fonabit.com to withdraw that permission.

13.Confidentiality

Each party may receive non-public information from the other. The receiving party will use it only to perform this agreement, protect it with at least reasonable care, and disclose it only to personnel and advisers bound by equivalent obligations. These duties continue for 3 years after termination, and indefinitely for trade secrets. They do not apply to information that is public through no fault of the recipient, was already known, is independently developed, or must be disclosed by law — in which case the recipient gives prompt notice where it lawfully can.

14.Availability and support

• We target 99.9% monthly uptime for the Netbit messaging API on paid plans. Enterprise agreements may specify a higher target with service credits.
• Excluded from uptime: scheduled maintenance announced at least 48 hours ahead, emergency maintenance, failures at a carrier, Meta, Google or another upstream provider, your own configuration errors, and force majeure.
• Support response targets: critical (service down) 2 hours, high 4 hours, standard next business day. Enterprise plans include a dedicated engineer with a 1-hour target.
• Service credits, where an enterprise agreement provides them, are your sole and exclusive remedy for failure to meet the uptime target.
• Delivery rates depend on carriers, Meta, recipient handsets and destination-country regulation. We do not guarantee that any specific message will be delivered.

15.Suspension

We may suspend your account, a channel, or specific traffic, with notice where practicable and without prior notice where the risk is immediate, if:

• We reasonably believe you are breaching section 6, section 7 or section 8.
• Meta, a carrier, a regulator or a court directs us to stop delivering your traffic.
• Your sender quality rating, spam-report rate or block rate reaches a level that threatens other customers' deliverability or our carrier and Meta relationships.
• Your account shows signs of compromise, or poses a security or fraud risk.
• Payment is overdue after 7 days' written notice.

We will tell you why and, where the cause is curable, what to fix. We restore service once the cause is resolved. Suspension does not relieve you of fees accrued.

16.Term and termination

• This agreement runs from your first use of the platform until terminated.
• You may terminate at any time by closing your account in the console or notifying info@fonabit.com. Pre-paid subscription fees are not refunded except where we terminate for convenience.
• We may terminate for convenience on 30 days' notice, refunding pre-paid fees for the unused period, or immediately for material breach that is not cured within 10 days of notice, for any breach of sections 6, 7 or 8, on your insolvency, or where Meta or a carrier terminates our ability to serve you.
• On termination your access ends, outstanding fees fall due immediately, and Customer Content is handled as described in section 11. Export your data before termination; we hold it for 30 days after account closure and then delete it.
• Sections 11 to 13 and 17 to 23 survive termination.

17.Warranties and disclaimers

Each party warrants that it has the authority to enter into this agreement and will comply with applicable law. We warrant that we will provide the platform with reasonable skill and care.

Except as expressly stated, the platform is provided "as is" and "as available". To the maximum extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage. We do not warrant that the platform will be uninterrupted or error-free, that any message will be delivered, that AI output will be accurate, or that Meta, a carrier or a regulator will approve your use.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

18.Limitation of liability

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, goodwill, business opportunity or data, however caused, even if advised of the possibility.
• Each party's total aggregate liability arising out of or relating to this agreement is limited to the fees you paid to us in the 12 months immediately before the event giving rise to the claim.
• These limits do not apply to your payment obligations, your indemnity under section 19, either party's breach of confidentiality, or liability that cannot lawfully be limited.

We are not liable for the acts or omissions of Meta, Google, telecom carriers or other upstream providers, including their rejection, delay, filtering, throttling, suspension or non-delivery of your traffic.

19.Indemnity

You will defend, indemnify and hold harmless Fonabit, its affiliates, officers and employees against any third-party claim, and any resulting loss, damage, fine, penalty or reasonable legal cost, arising from:

• Customer Content, including the messages you send and the contacts you message.
• Your breach of section 6, section 7 or section 8, or of any Meta Term, carrier requirement or data protection law.
• Any claim by a recipient that they did not consent to your messages, or by a regulator relating to your messaging practices.
• Your infringement of a third party's intellectual property, privacy or publicity rights.

We will notify you promptly of any claim, give you control of the defence (subject to our approval of any settlement that admits fault or imposes obligations on us), and cooperate reasonably at your cost.

20.Export control, sanctions and anti-corruption

You represent that you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, and are not listed on any applicable restricted-party list. You will not use the platform to send messages to sanctioned parties or in breach of export-control law. Each party will comply with applicable anti-bribery and anti-corruption law, including the Indian Prevention of Corruption Act, the US Foreign Corrupt Practices Act and the UK Bribery Act.

21.Changes to these terms

We may update these Terms. The effective date at the top reflects the current version. For material changes we give account holders at least 30 days' notice by email or in-console notice. Changes required by law, by Meta, by a carrier or by a regulator may take effect immediately. Continuing to use the platform after the effective date means you accept the updated Terms; if you do not, stop using the platform and terminate under section 16.

22.Governing law and dispute resolution

This agreement is governed by the laws of India, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt to resolve any dispute in good faith through senior-level discussion for 30 days. Failing that, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration is Gurugram, Haryana, India, and the language is English. The award is final and binding.

Nothing prevents either party from seeking urgent interim or injunctive relief from the courts at Gurugram, Haryana, which have exclusive jurisdiction for that purpose.

23.General

• Entire agreement. These Terms, the Privacy Policy and any signed order form are the whole agreement and supersede prior discussions.
• Severability. If a provision is unenforceable, it is modified to the minimum extent needed, and the rest stands.
• No waiver. Failure to enforce a right is not a waiver of it.
• Assignment. You may not assign without our written consent; we may assign to an affiliate or in connection with a merger or sale of assets.
• Force majeure. Neither party is liable for failure caused by events beyond reasonable control, including carrier or Meta outages, acts of government, natural disaster and war. Payment obligations are not excused.
• Independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.
• No third-party beneficiaries, except that Meta is an intended third-party beneficiary of section 5, section 6 and section 8.
• Notices. To us at info@fonabit.com and our registered office; to you at the email on your account.
• Language. The English version of these Terms governs.

24.Contact

To report a message sent through our platform that you believe breaches these Terms, email info@fonabit.com with the sender details, the message and the time received. We investigate every report.