Master Subscription Agreement / Terms & Conditions
Accepting of Terms
This Master Subscription Agreement (this “Agreement”) contains terms and conditions that govern your purchase of subscriptions to, and use of, the Services (as defined in Section 2 below), and is a contract between Apport Software Solutions Private Limited (“DoubleTick“), and you or the entity or organization that you represent.
DoubleTick (Hereinafter Referred to as “Platfrom”, ”Mobile Application”, “DoubleTick”) is a Website & Mobile Based Client Communication integration platform owned and operated by Apport Software Solutions Provate Limited (Hereinafter Refereed to as “DoubleTick”, “we”, “us”, or “our”)
This document is a legally binding document between Registered or Unregistered User of the Plaform (Hereinafter referred to as “You”, “Your”, “User”) and us in relation to use of the platform and set forth the terms and conditions by which you may access and use the platform and our related websites, services, applications, products and content (Collectively, the “Services”)
If you are an individual using the Services for your own purposes: (1) all references to “Customer/Clients/you/your/user” are to you; and (2) you represent and warrant that you are at least 18 years of age or have otherwise reached the age of “majority” where you reside, and that you have the right, power, and authority to enter into this Agreement.
If you are using the Services on behalf of an entity or organization that you represent: (1) all references to “Customer/Clients/you/your/user” are to that entity or organization, and (2) you represent and warrant that you are at least 18 years of age or have otherwise reached the age of “majority” where you reside, and that you have the right, power, and authority to enter into this Agreement on behalf of entity or organization.
If you sign up for the Services, then: (a) you will be deemed to represent your employer or that entity; (b) your click to accept will bind your employer or that entity to this Agreement; and (c) the word “Customer/Clients/you/your/user” in this Agreement will refer to your employer or that entity.
This Agreement becomes binding and effective on the user upon the earliest of: (1) when you access or use the Services; (2) when you click an “I Accept”; “Sign up” or similar button or check box referencing this Agreement.
The terms of this document will be effective upon your acceptance of the same (directly or indirectly in electronic form, by use of the platform and/or by creating a registered account on the platform (hereinafter referred to as “account”) and will govern the relationship between you and us for your use of the platform and the services rendered therein.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is not published in accordance with the provisions of the General Data Protection Regulation 2016/679 (“GDPR”). Thereby, if you are a resident of the European Union (“EU”), you acknowledge that we do not extend our services to EU territories. Further, we do not represent and warrant to you that we are GDPR compliant.
Please read this document carefully. By using the platform and our services, you indicate that you understand, agree, and consent to this document. If you disagree with the terms of this document, please do not use this platform. You hereby provide your unconditional consent or agreements to us, as provided under section 43A and section 72A of the Information Technology Act, 2000, to access and use the personal information that you have voluntarily provided to us in connection with the use of the platform and the services.
By providing Us with Your information or by making use of the Platform and the Services provided therein, You hereby consent to the collection, storage, processing, and transfer of any or all Personal Information (Defined in Our Privacy Policies) and Non-Personal Information by Us as specified under this document and further agree that such collection, use, storage, and transfer of information shall not cause any loss or wrongful gain to You or any other person.
The DoubleTick Platform facilitates access and usage of a secure and easily accessible virtual software hosted in the cloud, which allows Users who have subscribed to our subscription plan to integrate all client communications within a unified platform, utilizing the functionalities provided by WhatsApp Business API. By accepting these terms, you acknowledge and consent to the dependency of the Platform on the services provided by WhatsApp Business API for the delivery of our Services to Users. Consequently, any alterations or updates made to the WhatsApp Business API may impact our ability to provide the Services, potentially leading to disruptions or limitations. Please note that the Platform has no control over the delivery of services by WhatsApp Business API or their technical configuration.
Services include but are not limited to:
- Broadcast and Bulk WhatsApp Messaging
- Unified WhatsApp Channel for Your Team
- 24*7 Automated Chat Assistance (ChatBot)
- Detailed Productivity Reports
The conversation charges are determined by Meta Platforms, Inc., formerly known as Facebook, Inc. If Meta changes or updates its pricing, the conversation charges will be adjusted accordingly.
DoubleTick has no control over the pricing decisions made by Meta Platforms, Inc. We reserve the right to change the conversation charges if Meta changes its pricing, and we will not be held liable for refunds of DoubleTick Subscription charges or damages in such cases.
Hence, we suggest users kindly understand the conversation pricing carefully, as mentioned on our website, and subscribe to the DoubleTick plan only after thoroughly comprehending the conversation costs. It is essential to clearly understand the conversation cost before subscribing to our DoubleTick plan.
Subscription of Plan:
The Subscription Fee does not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction (collectively “Taxes”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent We are legally required to collect the same, will be itemized on the invoice.
The Subscription Fee does not include any charges that Meta Platforms, Inc. charges for Template Messages or Conversations.
WhatsApp Business API
The User agrees and acknowledges that DoubleTick has partnered with Whatsapp Business Service Providers to provide the Services through the Platform. The User understands and agrees that the Platform is integrated with WhatsApp API and that We may share certain Registration Data with WhatsApp. We disclaim any liability caused by the use of WhatsApp API by You through the Platform. Further, You shall agree to adhere to the following terms and conditions set by WhatsApp for the usage of WhatsApp Business:
You understand and agree that WhatsApp may update its policies, including but limited to WhatsApp Business Policy, without notice; by continuing to use the WhatsApp Business Products through our Platform after such change, You consent to such changes. You represent and warrant that You are not in violation of the WhatsApp Commerce Policy and do not come under the purview of any of the restricted industries under WhatsApp commercial policy. You acknowledge that WhatsApp Business may add limits to businesses on the number of messages to send per day as per its policy. Further, WhatsApp has the absolute discretion to review, approve or reject any WhatsApp Message Templates (as defined in WhatsApp documentation) at any time submitted by You;
WhatsApp does not offer a way to be notified when a WhatsApp user has blocked Your sender, or to retrieve a list of WhatsApp users who have blocked You;
Any violation of the WhatsApp policies may lead to the suspension of Your WhatsApp account. Whatsapp has absolute discretion to limit or remove Your access to or use of the WhatsApp Business API and other WhatsApp Business Products if You receive excessive negative feedback, cause harm to WhatsApp or WhatsApp’s users, or violate or encourage others to violate our terms or policies, as determined by WhatsApp in our sole discretion. If WhatsApp terminates your account for violations of relevant WhatsApp Business terms or policies, WhatsApp may prohibit You and Your organization from all future use of WhatsApp Business API and other WhatsApp Business Products.
We shall take no responsibility in case of any such violations. Any additional charges arising due to this shall be borne by You.
Cancellation & Refund
All monthly, quarterly, yearly, and multi-year subscriptions renew automatically on their due renewal date according to the date of purchase until officially cancelled in writing. Customers may cancel anytime by emailing a notice to email@example.com
Important: No refunds or credits for partial months or years of service will be refunded to a customer upon cancellation.
In case the amount remains outstanding for more than fifteen (15) days from the date of activation of services (for first-time users) & more than one (1) day for auto-renewal cases, the company reserves the right to cancel the subscription.
Intellectual Property Rights
The software employed on the Platform constitutes Our Intellectual Property and is shielded by both Indian and international copyright regulations.
You are prohibited from re-utilizing the Platform's Services or systematically extracting any part of the content. Usage of robots, data mining, or extraction tools for repurposing the Platform is not allowed. Furthermore, You are not permitted to publish anything that incorporates elements of the Platform (such as Our Services and their prices) without obtaining our prior written consent.
Representations and Warranties
You represent and warrant that:
- You agree not to exceed the intended functionality of the Services.
- You shall refrain from trying to access the Services, networks, servers, or computer systems linked to the Services without proper authorization.
- Usage of the Services in a manner that could cause damage or impairment to (i) the Services themselves, or (ii) the foundational systems and security measures, is prohibited.
- Engaging with the Services in an unlawful fashion or in a way that supports or encourages illegal activities, such as copyright infringement or data theft, is against the terms.
- Without our explicit consent, you will not exploit any intellectual property, whether owned by us or third parties. This includes refraining from using copyrighted content displayed on the Platform for personal or third-party gain.
- Modification, adaptation, translation, or reverse engineering of any segment of the Services, like creating a mimic site or Website that closely resembles said Services, is not allowed.
- You commit to promptly informing us in case your Mobile Contact Number is listed in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), following the Primary Registration.
- You acknowledge that any calls or text messages received from us on your Mobile Contact Number are not unsolicited.
- You will avoid taking actions or refraining from actions that could result in liability for us or the loss (partially or entirely) of services from our Internet service providers (ISPs) or other partners, suppliers, contractors, vendors.
Limitation of Liability
Under no circumstances will We, Our affiliates, licensors, or any agents, employees, officers, directors, corporate partners, or participants associated with such parties be held liable for any direct, indirect, incidental, consequential, special, or exemplary damages that may arise in connection with Your use of or inability to use the platform. This includes, but is not limited to, any potential loss of profit (whether incurred directly or indirectly), loss of goodwill, loss of opportunity, or any loss of data experienced by You. Even if You have been advised of the possibility of such damages, the aforementioned parties shall not be held accountable.
We shall not be held liable for any loss or damage incurred by You due to various reasons, including but not limited to: Your reliance on the completeness, accuracy, or existence of any advertising; any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the service; any changes made to the services by Us; any permanent or temporary cessation in the provision of the services or any features within the services; the deletion, corruption, or failure to store any content and other communication data maintained or transmitted through Your use of the services; Your failure to provide accurate account information; or Your failure to keep Your password or account details secure and confidential.
We will not be held responsible for any damage that could have been avoided if You had followed our advice to apply a free-of-charge update or if the damage was caused by Your failure to correctly follow installation instructions or meet the minimum system requirements recommended by Us.
You are accountable for any mobile charges that may be incurred during Your use of our service, including text-messaging and data charges.
To the maximum extent permitted by law, any dispute You have with any third party arising from Your use of the services, such as a carrier, copyright owner, or other user, is solely between You and that third party. You irrevocably release Us and Our affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We shall be relieved of all our responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control, including, without limitation, acts of god, war, equipment, and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, epidemics, pandemics, lockdown (state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control.
All notifications must be provided to Us via email, or for all communications to be considered valid, You must provide notifications to Us via email, or to You at the email or postal address you provided.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at firstname.lastname@example.org