Terms of Service

1. The Service

The Service is the Fliok website, web app and mobile apps, and everything you can do in them, including:

• WhatsApp messaging: connecting your WhatsApp Business numbers through Meta’s WhatsApp Cloud API, including in coexistence with the WhatsApp Business app, to send and receive messages, templates and media;
• Team inbox: a shared inbox where your team answers, assigns and notes conversations;
• Broadcasts: template messages sent to contacts who have opted in;
• CRM: leads, pipelines, tasks and lead capture from forms, portals and integrations;
• Bots and automations: chatbot flows, WhatsApp Flows, auto replies and automations;
• AI replies: an AI agent that replies to your customers from the business details you give it;
• Instagram: direct messages, comments, posts and insights for an Instagram professional account you connect;
• Click-to-WhatsApp ads: creating and managing ads in an ad account you connect, and seeing which ad a chat came from;
• Catalog: a product catalog you can send from the chat, and orders customers send from it;
• WhatsApp Pay: payment requests your customers pay inside the WhatsApp chat (India);
• Zusta AI Assistant: an assistant in the dashboard that answers questions about your workspace and carries out tasks you approve;
• analytics, the developer API and webhooks, and the integrations we offer.

Which features you can use depends on your plan, as shown on our pricing page. Features that work with Meta’s products (WhatsApp, Instagram, ads, catalogs and payments) also depend on Meta and on the accounts you connect, and Meta’s own terms for those products apply. We may change, suspend or withdraw features at any time.

Your responsibility for what is sent. AI replies and other automated output can be wrong. You choose where AI and automations are switched on, and you are responsible for the messages, posts, comments, ads and payment requests sent from your accounts through the Service, whether a person or the Service sent them. Ads you create are saved paused until you publish them, and Meta bills ad spend to your own ad account. WhatsApp Pay payments are collected by the payment provider you set up with Meta (for example Razorpay or PayU), not by us; we do not receive or hold that money.

2. Eligibility and accounts

You must be able to form a binding contract and use the Service for legitimate business purposes. You are responsible for the security of your account credentials and for all activity that occurs under your account and connected numbers.

3. WhatsApp and Meta policy compliance

Your use of the Service is also subject to the WhatsApp Business Messaging Policy, the WhatsApp Business Terms, and the Meta Platform Terms. You agree to obtain all required consent before messaging contacts, to honor opt-outs, to avoid spam and prohibited content, and to comply with all applicable laws. Violations may result in suspension by us or by Meta/WhatsApp.

Opt-in before you message first. Before you send anyone a message they did not ask for — a broadcast, a marketing or other template message, or a campaign — you must have their opt-in to receive WhatsApp messages from your business, and a record of it: who agreed, when, how (for example a form, a checkbox or a message they sent you) and to what. You can note it on each contact in Fliok, but collecting and keeping that proof is your responsibility. We or Meta may ask you for it; if you cannot show it, we may pause your sending or suspend your account. People who reply STOP are opted out automatically and are not messaged again.

4. Acceptable use

You may not use the Service to send unlawful, harmful, deceptive, or unsolicited messages, to infringe others’ rights, to reverse engineer or disrupt the Service, or to circumvent rate limits, quotas, or security controls.

5. Fees, billing and the AI usage wallet

Subscription. Paid plans are billed in advance, monthly or annually, through our payment processor (Razorpay), at the prices shown on our pricing page plus applicable GST. Your first upgrade to a paid plan may start with a free trial; the plan fee is charged when the trial ends unless you cancel before then. Subscriptions renew automatically until cancelled, and a cancellation takes effect at the end of the billing period already paid for.

AI usage wallet. On plans that include the AI assistant, AI usage (such as each AI reply sent) is paid from a prepaid usage wallet that is separate from your subscription, at the rates shown on our pricing page and in the product. GST is charged when you top up. A change to usage rates applies only to usage after it takes effect. When the wallet is empty, AI features pause; the rest of the Service is unaffected. Wallet balance does not expire, and unused balance is refundable on closure of your account as set out in our Refund Policy. If you turn on auto-recharge, we notify you at least 24 hours before each debit.

WhatsApp charges. Charges for WhatsApp messages are set and billed by Meta directly to your WhatsApp Business Account. We do not bill, resell or add a margin to them.

Except as stated in our Refund Policy or where required by law, fees are non-refundable. We may change plan prices with reasonable notice; a change applies from your next billing period.

6. Your data and privacy

Our handling of your data is described in our Privacy Policy, which is incorporated into these Terms. You retain ownership of your content and grant us the rights necessary to operate the Service on your behalf.

7. How we process your customers’ data

The personal data of your customers, contacts and leads that you bring to or collect through the Service is yours to decide about: under India’s Digital Personal Data Protection Act, 2023 you are its data fiduciary and we are your data processor. For that data we:

• process it only to provide the Service as you use and configure it (your instructions), and as the law requires;
• keep it confidential, and give our staff access only where they need it to run or support the Service;
• use the sub-processors listed in our Privacy Policy, and update that list when one is added or replaced;
• protect it with the security measures described there, including encryption of credentials and access tokens at rest, encrypted connections, least-privilege access and verified webhooks;
• tell you without undue delay if a personal data breach affects it, and help you meet your own duties to the people concerned and to the Data Protection Board;
• help you answer requests from those people: you can edit or delete a contact at any time, and deleting a contact erases their chats, messages and stored files; the owner can download the workspace’s data from Settings;
• delete it when you close your workspace: sending and receiving stop at once and the data is erased from the Service 30 days later. Encrypted database backups are deleted on their schedule (daily copies after 30 days, monthly copies after 12 months), and erased files leave the media backup 35 days after they were erased. Download your data before closing if you need a copy.

You are responsible for having a lawful basis, including any consent required, for the personal data you process with the Service, and for the notices you give the people it belongs to.

8. Termination

You may stop using the Service and close your workspace at any time. We may suspend or terminate access if you breach these Terms, fail to pay fees, or if required to protect the Service or comply with Meta/WhatsApp policies or applicable law. Upon termination we will handle your data as set out in the Privacy Policy.

9. Disclaimers and limitation of liability

The Service is provided “as is” without warranties of any kind. To the maximum extent permitted by law, we are not liable for indirect, incidental, or consequential damages, and our total liability is limited to the amounts you paid for the Service in the twelve months preceding the claim.

10. Governing law and disputes

These Terms are governed by the laws of India. If a dispute arises, the party raising it first gives the other written notice describing it: to us at support@fliok.com or by post to our registered office, and to you at your account’s email address. Both parties then try in good faith to resolve it within 30 days of the notice. If it is not resolved in that time, either party may go to court, and the courts at Kolkata, West Bengal have exclusive jurisdiction. Either party may still ask a court for urgent interim relief at any time.

11. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above and, where appropriate, by notifying you within the Service. Continued use after changes take effect constitutes acceptance.

12. Contact us

Questions about these Terms? Email support@fliok.com, write to us through our contact page, or message us on WhatsApp at +91 62903 26663.