Legal

Terms of Service

Last updated: 1 June 2026 · Effective: 1 June 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you and Infynax Labs ("Engage", "we", "our") governing your access to and use of the Engage platform ("Service"). Please read these Terms carefully.

1. Acceptance of Terms

By accessing or using the Engage platform ("Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These Terms apply to all users, including free trial users, paid subscribers, and enterprise customers.

2. Permitted Use

You may use the Service solely for lawful business communications via the WhatsApp Business API. You are responsible for ensuring all messages comply with Meta's WhatsApp Business Policy, applicable anti-spam laws (CAN-SPAM, GDPR, TRAI), and the regulations of any jurisdiction you operate in. Sending unsolicited bulk messages or content that violates Meta's Commerce Policy is prohibited.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at contact@infynaxlabs.com if you suspect unauthorized access. Engage is not liable for losses arising from unauthorized account access due to credential mismanagement on your part.

4. Billing and Subscriptions

Subscriptions are billed monthly or annually in advance. All fees are non-refundable except where required by law or as stated in your enterprise agreement. You authorize Engage to charge your payment method on file at the start of each billing cycle. Price changes are communicated with 30 days' advance notice.

5. Service Level Agreement

Engage targets 99.9% monthly uptime for the core API gateway and message delivery pipeline. In the event of SLA breach, eligible customers may receive service credits as documented in their enterprise agreement. Downtime caused by Meta's WhatsApp infrastructure is excluded from SLA calculations.

6. Data Ownership

You retain full ownership of your data, contact lists, and message templates. Engage does not claim any intellectual property rights over your content. You grant Engage a limited, non-exclusive licence to process your data solely to provide the Service.

7. Termination

Either party may terminate the agreement with 30 days' written notice. Engage may immediately suspend or terminate accounts that violate these Terms, Meta's policies, or applicable law. Upon termination, your data is available for export for 30 days before being permanently deleted.

8. Limitation of Liability

To the maximum extent permitted by law, Engage's total liability for any claim related to the Service is limited to the fees you paid in the 3 months preceding the claim. Engage is not liable for indirect, incidental, punitive, or consequential damages including lost revenue or data.

9. Governing Law

These Terms are governed by the laws of India. Disputes shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996 in Surat, Gujarat. Parties retain the right to seek injunctive relief in any court of competent jurisdiction.

10. Changes to Terms

Engage may update these Terms at any time. Material changes will be communicated via email and in-platform notifications with at least 30 days' notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.