These Terms of Service ("Terms") govern your access to and use of the Sampark platform operated by Techup Technologies ("Company", "we", "us"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Sampark is a SaaS platform that lets businesses send WhatsApp campaigns, manage a shared messaging inbox, and automate Instagram DM interactions using official Meta APIs. The Service is provided on a subscription basis with a 30-day free trial.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract.
You must represent a legitimate business and use the Service for lawful commercial purposes.
You are responsible for ensuring your use complies with all applicable laws in your jurisdiction.

3. Account Registration

You must provide accurate and complete information when registering.
You are responsible for maintaining the confidentiality of your login credentials and all activity that occurs under your account.
You must notify us immediately at support@sampark.app if you suspect unauthorized access.
One account per business entity unless otherwise agreed in writing.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

Send unsolicited messages (spam) to contacts who have not opted in to receive communications from you.
Violate Meta's Terms of Service, Platform Policy, or WhatsApp Business Policy.
Send messages containing illegal content, hate speech, harassment, threats, or content that infringes third-party intellectual property.
Use the Service to collect or harvest personal data without proper consent.
Attempt to probe, scan, or test the vulnerability of the Service or circumvent security measures.
Use the Service in a way that disrupts, damages, or impairs the Service or Meta's infrastructure.
Resell or sublicense the Service without our express written consent.

Opt-Out Compliance

You must honor opt-out requests immediately. Our platform automatically excludes contacts who reply STOP or equivalent. You must not re-add opted-out contacts to any list without a new, explicit opt-in from that contact.

5. Meta Platform Compliance

You acknowledge that using the Service involves connecting to Meta's WhatsApp Business API and Instagram Messaging API. You agree to:

Comply with all applicable Meta policies at all times.
Obtain all required consents from your contacts before sending them messages.
Only use approved WhatsApp message templates for out-of-session messages.
Not use the platform to send misinformation, political propaganda, or content restricted by Meta.

We reserve the right to suspend your account immediately if we receive a notice from Meta that your usage violates their policies, without liability to you.

6. Subscription and Billing

Free trial: 30 days, no credit card required. Trial accounts have the same usage limits as the Starter plan.
Paid plans: Billed monthly or annually as stated on the Pricing page. All prices are in INR and exclusive of applicable taxes (GST).
Renewal: Subscriptions renew automatically. You may cancel at any time from your billing settings; access continues until the end of the paid period.
Refunds: We offer a 7-day money-back guarantee for new paid subscriptions. Requests after 7 days are evaluated case by case.
Failed payments: If payment fails, we will notify you and allow a 7-day grace period before downgrading or suspending your account.

7. Intellectual Property

The Service, including all software, designs, and content created by us, is owned by Techup Technologies and protected by intellectual property laws.
You retain ownership of all content you upload (contact data, message templates, campaign content). You grant us a limited licence to process this content solely to provide the Service.
You may not copy, modify, reverse-engineer, or create derivative works of the Service.

8. Data Privacy

Our collection and use of personal data is governed by our Privacy Policy, incorporated into these Terms by reference. By using the Service, you consent to the practices described therein.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT MESSAGES WILL BE DELIVERED (DELIVERY IS SUBJECT TO META'S INFRASTRUCTURE).
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

10. Indemnification

You agree to indemnify and hold harmless Techup Technologies and its officers, directors, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your content, your violation of these Terms, or your violation of any third-party rights.

11. Termination

By you: Cancel your subscription at any time. Your data will be retained for 30 days before deletion, allowing you to export it.
By us: We may suspend or terminate your account immediately for material breach of these Terms, including violations of the Acceptable Use policy, without liability to you.

12. Governing Law and Disputes

These Terms are governed by the laws of India. Any dispute shall be subject to the exclusive jurisdiction of the courts in India. We encourage you to contact us first to resolve disputes informally.

13. Changes to Terms

We may update these Terms at any time. We will give you at least 14 days' notice of material changes via email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms? Contact us at:
Email: legal@sampark.app
Contact form: sampark.app/contact