Legal

Terms of Service

Please read these terms carefully before using MsgX. By using our platform, you agree to be bound by these terms.

Last updated: April 26, 2025

1. Acceptance of Terms

These Terms of Service ('Terms') constitute a legally binding agreement between you ('User', 'Customer', or 'you') and Pistachio Tech LLP ('Company', 'we', 'us') governing your use of the MsgX platform, including the dashboard, REST API, webhooks, and all related services.

By registering an account, accessing the API, or using any part of the MsgX platform, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use MsgX.

2. Description of Service

MsgX is a WhatsApp Business API management platform that allows businesses to:

  • Send and receive WhatsApp messages via Meta's WhatsApp Cloud API
  • Manage contacts, conversations, and message templates
  • Create and send broadcast campaigns to opted-in recipients
  • Integrate WhatsApp messaging into third-party systems via our REST API and webhooks
  • Access delivery analytics and message status tracking

MsgX is a software platform — we do not operate the WhatsApp service itself. WhatsApp is owned and operated by Meta Platforms, Inc. Your messaging activity is ultimately subject to Meta's policies.

3. WhatsApp Business Platform Compliance

MsgX provides access to Meta's WhatsApp Business Cloud API. By using MsgX, you agree to comply with:

  • Meta's WhatsApp Business Platform Terms of Service (https://www.whatsapp.com/legal/business-terms)
  • WhatsApp's Acceptable Use Policy (https://www.whatsapp.com/legal/acceptable-use-policy)
  • WhatsApp's Commerce Policy (https://www.whatsapp.com/legal/commerce-policy)
  • All applicable Meta Platform Policies

You are solely responsible for ensuring your use of MsgX and WhatsApp messaging complies with all applicable laws and Meta's policies. Violations may result in your Meta account being suspended or terminated, which is beyond our control.

4. Prohibited Uses

You must NOT use MsgX to:

  • Send unsolicited messages (spam) to users who have not opted in to receive communications from you
  • Send messages promoting illegal products, services, or activities
  • Send misinformation, hate speech, threats, harassment, or abusive content
  • Conduct phishing, fraud, or impersonate another company or individual
  • Send bulk messages to contacts who have not given explicit consent
  • Violate any applicable law, regulation, or Meta's Acceptable Use Policy
  • Reverse engineer, decompile, or attempt to extract source code from MsgX
  • Use the API in a way that could damage, disable, or impair our infrastructure
  • Resell or white-label MsgX without a written agreement with Pistachio Tech LLP
  • Send messages in restricted or prohibited categories as defined by Meta (e.g. certain financial products, adult content, weapons)

We reserve the right to suspend or terminate accounts that violate these prohibitions without notice.

5. User Responsibilities

You are responsible for:

  • Maintaining the security of your account credentials and API keys
  • All activity that occurs under your account
  • Obtaining valid opt-in consent from all WhatsApp recipients before messaging them
  • Ensuring your message templates comply with Meta's template guidelines
  • Promptly revoking API keys if they are compromised
  • Keeping your registered webhook URLs secure and verifying HMAC signatures on all deliveries
  • Ensuring your business is properly verified on Meta Business Manager

6. Account Registration

To use MsgX, you must create an account with accurate information. You must:

  • Provide truthful, accurate, and complete registration information
  • Maintain and update your information to keep it accurate
  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Not create accounts for others without their permission
  • Not create multiple accounts to circumvent suspensions or usage limits

7. Fees and Billing

MsgX offers a free tier and paid plans. Paid plans are billed monthly or annually as selected.

  • All prices are in INR unless otherwise stated
  • Subscription fees are charged in advance at the start of each billing period
  • We do not offer refunds for partial months
  • If a payment fails, your account may be downgraded to the free tier
  • Pistachio Tech LLP reserves the right to change pricing with 30 days notice
  • WhatsApp conversation charges (from Meta) are separate from MsgX's platform fees and are your responsibility

8. API Usage and Rate Limits

API usage is subject to rate limits based on your plan tier. Excessive or abusive use of the API may result in temporary throttling or suspension. We reserve the right to modify rate limits with reasonable notice. You must not attempt to circumvent rate limits.

9. Intellectual Property

MsgX, including its codebase, design, documentation, and trademarks, is owned by Pistachio Tech LLP and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use MsgX solely for your business purposes in accordance with these Terms.

You retain ownership of your data (contacts, messages, templates). By using MsgX, you grant us a limited license to process your data solely to provide the service.

10. Disclaimer of Warranties

MsgX is provided 'as is' and 'as available' without warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted, error-free, or that messages will always be delivered successfully. WhatsApp delivery is subject to Meta's infrastructure, network conditions, and the recipient's device status.

We are not responsible for message delivery failures, template rejection by Meta, or WhatsApp account suspensions imposed by Meta.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Pistachio Tech LLP shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of MsgX, including but not limited to loss of business, revenue, data, or goodwill.

Our total cumulative liability to you for any claims arising from or related to the service shall not exceed the total fees you paid to us in the three months preceding the claim.

12. Termination

Either party may terminate this agreement at any time. You may close your account from the settings page. We may suspend or terminate your account immediately if you violate these Terms, engage in prohibited uses, or if we are required to do so by law or Meta's policies.

Upon termination, your access to the platform will cease and your data will be retained per our Privacy Policy before being deleted.

13. Changes to Terms

We may update these Terms from time to time. We will notify you by email and display a notice in the dashboard at least 14 days before material changes take effect. Continued use of MsgX after the effective date constitutes acceptance of the updated Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of India. Any disputes arising from these Terms or your use of MsgX shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be subject to the exclusive jurisdiction of competent courts in India.

Questions about this policy?

Contact us at legal@thepistachio.tech or write to:

Pistachio Tech LLP
India
Email: legal@thepistachio.tech