Terms & Conditions

1. Agreement to Terms

By registering for or using Brand Elevate (“the Platform”) operated by Brand Elevate Pvt. Ltd., you agree to be bound by these Terms & Conditions. If you do not agree, do not use the Platform.

2. Description of Service

Brand Elevate is a multi-tenant SaaS platform that enables Indian businesses to:

• Send bulk WhatsApp messages via Meta's Cloud API
• Send bulk SMS campaigns via registered SMS providers
• Manage contacts, contact groups, and message templates
• Track delivery reports and campaign analytics
• Manage a prepaid wallet for billing purposes

3. Eligibility

• You must be a registered business entity in India or an authorised representative thereof
• You must be at least 18 years of age
• You must provide accurate and complete registration information
• One business entity may maintain only one account on the Platform

4. Acceptable Use

You agree NOT to use the Platform to:

• Send spam, unsolicited, or bulk messages to recipients who have not opted in
• Violate TRAI's Telecom Commercial Communications Customer Preference Regulations (TCCCPR)
• Send messages that are fraudulent, misleading, defamatory, obscene, or illegal
• Impersonate any person, business, or government authority
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorised access to the Platform or other users' accounts
• Scrape, reverse-engineer, or copy any part of the Platform
• Use the Platform for any purpose that violates applicable Indian law

We reserve the right to suspend or terminate your account immediately for violations without notice or refund.

5. DLT Compliance (SMS)

For SMS campaigns, you are solely responsible for registering your Principal Entity, Sender Headers, and Templates on the TRAI DLT portal as required by Indian law. Brand Elevate provides tools to record and manage your DLT registrations but does not register on your behalf. Any penalties arising from non-compliance with TRAI regulations are your sole responsibility.

6. WhatsApp Policy Compliance

Your use of WhatsApp broadcasting through our Platform must comply with Meta's WhatsApp Business Policy and Commerce Policy. You are responsible for ensuring all message templates are approved by Meta before use in campaigns. Brand Elevate is not responsible for template rejections or account suspensions by Meta.

7. Wallet and Payments

• The Platform uses a prepaid wallet model. You must maintain sufficient balance to launch campaigns.
• Wallet top-ups are processed by Razorpay. Payments are subject to Razorpay's terms.
• Wallet balances are non-transferable between accounts.
• Pricing is as set out on our Pricing page. We reserve the right to change pricing with 30 days' notice.
• Failed message costs are automatically refunded to your wallet.
• See our Refund Policy for wallet balance refund terms.

8. Intellectual Property

The Platform, its software, design, trademarks, and content are owned by Brand Elevate Pvt. Ltd. and protected by Indian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Platform for your business purposes only.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Brand Elevate Pvt. Ltd. shall not be liable for:

• Indirect, incidental, or consequential damages arising from use of the Platform
• Losses arising from delivery failures by SMS or WhatsApp providers
• Losses from DLT non-compliance penalties
• Interruptions or downtime of the Platform

Our total liability to you shall not exceed the amount you paid to us in the 3 months preceding the claim.

10. Termination

You may terminate your account at any time by contacting us. We may terminate or suspend your account immediately for violations of these Terms. Upon termination, your access ceases and unused wallet balance may be refunded per our Refund Policy.

11. Governing Law

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India.

12. Contact

Brand Elevate Pvt. Ltd.
Email: [email protected]