Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Customer", or "you") and MotherBot ("Company", "Platform", "we", "our", or "us") governing your access to and use of the MotherBot platform and all associated services. By registering, accessing, or using MotherBot, you unconditionally accept these Terms. If you do not agree, you must discontinue use immediately.

1. Acceptance of Terms

By creating an account or using MotherBot, you represent and warrant that you:

• Are at least 18 years of age and legally competent to enter contracts under the Indian Contract Act, 1872
• Have full authority to bind your organization to these Terms
• Have read, understood, and agree to comply with these Terms and all applicable laws
• Will comply with Meta's WhatsApp Business Policy, Messaging Guidelines, and all terms imposed by Meta Platforms
• Agree that these Terms form a valid and binding contract under the Indian Contract Act, 1872

2. Platform Intermediary Status

MotherBot is an intermediary as defined under Section 2(1)(w) of the Information Technology Act, 2000 ("IT Act") and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules 2021"). As an intermediary:

• MotherBot provides a neutral technology platform and does not originate, initiate, or modify any content or communication sent by users
• MotherBot is entitled to safe harbour protection under Section 79 of the IT Act, 2000, subject to the conditions specified therein
• MotherBot shall not be held liable for any third-party information, data, or communication made available or hosted on the platform
• The User remains the publisher and originator of all content sent through the platform

This safe harbour protection applies as long as MotherBot: (a) does not initiate the transmission; (b) does not select the receiver; (c) does not select or modify the information contained in the transmission; and (d) acts expeditiously upon receiving actual knowledge of any unlawful content.

3. User Content Responsibility — No Platform Liability

The User is solely, exclusively, and entirely responsible for:

• All messages, campaigns, templates, chatbot flows, media files, and any other content sent or transmitted through the platform
• Ensuring all content complies with the IT Act 2000, IT Rules 2021, the Digital Personal Data Protection Act 2023 ("DPDP Act"), the Consumer Protection Act 2019, the Indian Penal Code, and all other applicable laws
• Obtaining all necessary consents, opt-ins, and permissions from message recipients before sending any communication
• Compliance with TRAI's Telecom Commercial Communications Customer Preference (TCCCP) Regulations and the National Do Not Call (NDNC) Registry requirements
• Ensuring message content does not violate any intellectual property rights, privacy rights, or third-party rights
• Any campaign violation, spam complaint, harassment, defamation, fraud, or illegal activity conducted via the platform
• Any harm, loss, or damage caused to any third party as a result of content or communications sent by the User
• Any penalty, fine, or legal action initiated by Meta, TRAI, government authorities, or third parties arising from the User's use of the platform

MotherBot expressly disclaims all liability for the content, legality, accuracy, or appropriateness of any message, campaign, or communication sent by the User. Any violation of third-party rights or applicable law by the User is entirely the User's responsibility. MotherBot shall not be named as a party to, or held liable in, any legal proceedings arising out of User-generated content or campaigns.

4. WhatsApp Message Costs — Platform Fee vs. Meta Charges

The User explicitly acknowledges and agrees that:

• Meta's conversation-based pricing applies to all WhatsApp messages sent through the WhatsApp Cloud API. These charges are billed by Meta directly to the User's Meta Business account and are governed by Meta's own pricing policies
• MotherBot has no control over Meta's pricing, message rate limits, or conversation categories (utility, marketing, authentication, service)
• MotherBot's subscription fee covers access to the platform features only — chatbot builder, campaign manager, CRM, analytics, and related tools
• The User is solely responsible for managing their Meta Business account, WhatsApp Business API access, and all associated costs therein
• Any increase or change in Meta's per-message pricing is outside MotherBot's control and does not entitle the User to any refund or adjustment of MotherBot's platform fees
• MotherBot does not act as a reseller or billing agent for Meta's messaging services

5. Prohibited Uses

You agree not to use MotherBot to:

• Send unsolicited, bulk, or spam messages in violation of TRAI TCCCP Regulations or the NDNC Registry
• Transmit content that is defamatory, obscene, pornographic, hateful, harmful, or violates the IT Act 2000 or Indian Penal Code
• Violate WhatsApp's Business Policy, Messaging Guidelines, or Commerce Policy
• Conduct phishing, fraud, impersonation, or any deceptive practices
• Collect or process personal data without obtaining valid consent under the DPDP Act 2023
• Spread misinformation, fake news, or content that promotes communal disharmony or violence
• Transmit content that infringes any copyright, trademark, patent, or other intellectual property rights
• Attempt to hack, reverse-engineer, scrape, or disrupt our systems or third-party systems
• Share account credentials, resell access, or sublicense the platform without written authorization
• Use the platform for any purpose that violates any law of India or applicable international law

6. Compliance with WhatsApp Business Policy

Your use of WhatsApp features through MotherBot is subject to Meta's WhatsApp Business Terms of Service, Usage Policy, and Commerce Policy. The User is independently responsible for:

• Maintaining an active, compliant WhatsApp Business API account with Meta
• Ensuring all message templates are submitted to and approved by Meta before use
• Respecting WhatsApp's 24-hour messaging window and opt-in requirements
• Responding to Meta's quality ratings and resolving policy violations directly with Meta

MotherBot may suspend your account upon receiving a policy violation notice from Meta or upon detecting non-compliant usage patterns, without incurring any liability to the User.

7. Subscriptions and Billing

MotherBot subscription plans are billed in advance on a monthly or annual basis in Indian Rupees (INR) or as specified at checkout. You authorize us to charge your payment method on file. By subscribing, you agree that:

• Subscriptions auto-renew unless cancelled at least 24 hours before the renewal date
• Refunds are subject to our Refund Policy and are provided at our discretion
• If payment fails, a grace period of 7 days is provided before service suspension
• All prices are inclusive of applicable taxes including GST as per Indian tax laws
• Disputed charges must be raised within 30 days of the billing date

8. Plan Limits and Fair Use

Each subscription plan includes defined limits for contacts, messages, chatbots, campaigns, and other features. Exceeding these limits will prevent creation of additional resources until you upgrade your plan. We reserve the right to revise plan limits with 30 days' advance notice.

9. Data Retention, Campaign History & Message Logs

You retain all rights to your data while it exists on the platform. MotherBot processes your data solely to provide the contracted services. You grant MotherBot a limited, non-exclusive license to use your data for service delivery. Our data practices are governed by our Privacy Policy and comply with the Digital Personal Data Protection Act, 2023.

9A. Illegal Campaigns, Restricted Products & Unlicensed Services

10. Intellectual Property

MotherBot, its logos, software, designs, and related content are the intellectual property of the Company, protected under the Copyright Act, 1957 and the Trade Marks Act, 1999 of India. You may not copy, modify, distribute, or create derivative works without prior written consent. All user content remains the property of the User.

11. Service Availability and Disclaimer of Warranties

MotherBot targets 99.9% uptime but does not guarantee uninterrupted availability. The platform is provided "as is" and "as available" without any warranty of any kind. MotherBot is not liable for downtime or failures caused by Meta's WhatsApp infrastructure, internet disruptions, or third-party service outages.

12. Third-Party Integrations & Aggregator Limitations

MotherBot integrates with, but is not affiliated with or endorsed by, the following third-party platforms and services (collectively, “Third-Party Services”):

• Meta Platforms (WhatsApp Cloud API, Facebook, Instagram): Core messaging infrastructure. MotherBot relies on Meta's WhatsApp Cloud API to send and receive messages on behalf of registered users.
• Zoho CRM: Optional CRM data sync and integration.
• Salesforce CRM: Optional CRM data sync and integration.
• Google (Gmail, Google Sheets, Google Drive, Google Contacts): Optional integrations for email, file storage, and contact management.
• X (formerly Twitter): Optional social media posting integration.
• AI Providers (OpenAI, Google Gemini, Anthropic, Meta Llama): Optional AI-powered chatbot and reply features.
• Payment Gateways (Razorpay, PayU): Optional payment processing integrations.
• Cloud Infrastructure Providers (AWS, etc.): Underlying hosting and file storage.

The User expressly acknowledges and agrees that:

• Each Third-Party Service is governed by its own Terms of Service, Privacy Policy, API usage policies, and pricing. The User is solely responsible for reviewing and complying with the applicable terms of each Third-Party Service they choose to connect with MotherBot.
• Third-Party Services may change their APIs, pricing models, rate limits, feature sets, or policies at any time without prior notice to MotherBot or to the User. Such changes may affect or entirely break integration functionality.
• Third-Party Services may suspend, restrict, or permanently discontinue their services or APIs at any time, for any reason, including but not limited to business decisions, regulatory requirements, or technical changes.
• MotherBot will make commercially reasonable efforts to adapt its integrations in response to known Third-Party Service changes, but cannot guarantee the continuity, accuracy, or completeness of any integration feature.
• MotherBot shall not be responsible or liable for any direct, indirect, incidental, consequential, financial, business, or reputational losses suffered by the User as a result of: (a) changes in Third-Party Service terms or policies; (b) suspension or termination of Third-Party Service APIs; (c) rate limiting, throttling, or access restrictions imposed by Third-Party Services; (d) data loss or corruption occurring within or transmitted through Third-Party Services; or (e) any legal, regulatory, or compliance consequences arising from the User's use of Third-Party Services.
• MotherBot does not act as an agent, reseller, or representative of any Third-Party Service. All commercial and contractual relationships with Third-Party Services are solely between the User and the respective Third-Party Service provider.
• Any data processed by Third-Party Services (including CRM records, emails, social posts, and payment information) is subject to the Third-Party Service's own data handling and privacy practices. MotherBot has no control over how Third-Party Services process, store, or use data once it is transmitted to them.
• The availability, cost, and legal compliance of Third-Party Services in specific jurisdictions is the User's sole responsibility to verify. MotherBot makes no representation about the legal availability or compliance of any Third-Party Service in the User's jurisdiction.
• MotherBot is built on and relies on the official APIs of third-party platforms (including Meta/WhatsApp Cloud API and the other integration providers listed above). MotherBot has no ownership, control, or influence over these APIs. If any Third-Party Service restricts, deprecates, modifies, rate-limits, suspends, or discontinues its API or any feature relied upon by MotherBot, the User acknowledges that this is entirely outside MotherBot's control, and no refund, partial refund, credit, or compensation of any kind will be provided for subscription fees already paid, regardless of the impact on the User's use of the platform.

Users are strongly advised to maintain independent backups of their data and not rely solely on MotherBot integrations as their primary data repository, given the inherent dependency on Third-Party Services.

13. Limitation of Liability

To the maximum extent permitted under applicable Indian law:

• MotherBot's total aggregate liability for any claim shall not exceed the platform subscription fees paid by the User in the 3 months immediately preceding the claim
• MotherBot shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages
• MotherBot shall not be liable for any loss of data, revenue, profits, goodwill, or business opportunities
• MotherBot shall not be liable for any claim arising from User-generated content, campaign violations, or Meta API charges
• MotherBot shall not be liable for actions taken by Meta, TRAI, or any government authority against the User for content or campaign violations
• MotherBot shall not be liable for any loss, damage, or disruption caused by the modification, suspension, deprecation, or discontinuation of any Third-Party Service API, integration, or functionality (including but not limited to WhatsApp, Zoho, Salesforce, Google, Meta, X, or any AI provider)
• MotherBot shall not be liable for any data loss, corruption, or breach occurring within or transmitted through Third-Party Services, regardless of whether such loss was foreseeable
• MotherBot shall not be liable for any regulatory penalties, fines, or legal liability imposed on the User by any government authority, regulator, or court arising from the User's use of Third-Party Services accessed via the MotherBot platform

14. Indemnification

The User agrees to indemnify, defend, and hold harmless MotherBot, its directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• The User's violation of these Terms or applicable law
• Content, campaigns, or communications sent by the User through the platform
• The User's violation of Meta's WhatsApp Business Policy
• The User's infringement of any third-party rights
• Any claim by a message recipient against MotherBot arising from the User's messages

15. Account Suspension and Termination

MotherBot may suspend or terminate your account immediately and without prior notice if you: violate these Terms; engage in fraudulent, illegal, or harmful activity; receive policy violation notices from Meta; or generate excessive spam complaints. Upon termination, you may export your data within 30 days. Subscription fees are non-refundable upon termination for cause.

16. Grievance Officer

As required under Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, MotherBot has designated a Grievance Officer to address complaints and concerns:

• Name: Grievance Officer, MotherBot
• Email: hello@motherbot.io
• Response Time: Grievances will be acknowledged within 24 hours and resolved within 15 days of receipt, as mandated by IT Rules 2021

Users may submit complaints regarding content, privacy violations, or platform conduct to the Grievance Officer. For urgent matters involving child sexual abuse material or content threatening national security, we will act within 24 hours as required by law.

17. Compliance with Indian Laws

MotherBot operates in compliance with the following Indian laws and regulations:

• Information Technology Act, 2000 and its amendments — governing electronic records, digital signatures, and intermediary liability
• IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — governing platform obligations, content takedown, and grievance redressal
• Digital Personal Data Protection Act, 2023 (DPDP Act) — governing processing of personal data of Indian citizens
• IT (Reasonable Security Practices and Procedures and SPDI) Rules, 2011 — governing protection of sensitive personal data
• Consumer Protection Act, 2019 and E-Commerce Rules, 2020 — governing consumer rights and e-commerce obligations
• TRAI TCCCP Regulations — governing commercial communications and the NDNC Registry
• Indian Contract Act, 1872 — governing the formation and enforcement of this agreement
• Copyright Act, 1957 and Trade Marks Act, 1999 — protecting intellectual property

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India. The parties agree to first attempt resolution through good-faith negotiation. If unresolved within 30 days, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (as amended), with the seat of arbitration in India and proceedings conducted in English.

19. Force Majeure & Third-Party Service Disruptions

MotherBot shall not be liable for any failure or delay in performance of its obligations due to circumstances beyond its reasonable control, including but not limited to: acts of God; government orders or regulations; network infrastructure failures; cyberattacks; natural disasters; unilateral changes to Third-Party Service APIs, policies, or terms; suspension or termination of Third-Party Services; rate limiting or access restrictions imposed by third parties; or any other event that materially affects MotherBot's ability to maintain the functionality of any integration or service. The User acknowledges that MotherBot's obligations are inherently contingent on the continued availability and cooperation of Third-Party Services, and that unavailability of such services constitutes a force majeure event for the purposes of MotherBot's contractual obligations.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

21. Changes to Terms

MotherBot reserves the right to modify these Terms at any time. Material changes will be notified via email or in-app notification at least 14 days before they take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.

22. Contact

For questions about these Terms, contact us at:

• Email: hello@motherbot.io
• Grievance: hello@motherbot.io