Terms of service

1. Who these terms are between

These terms are an agreement between DAM Networks LLP ("we", "us") and the business that has been given access to Clevar ("you", "the client"). Using the service means accepting them.

2. What the service is

Clevar is a console for the WhatsApp Business Platform. It provides a shared team inbox, contact management, message templates, campaign sending and delivery reporting. It sits on top of Meta's platform; we do not operate WhatsApp and cannot change how it behaves.

3. Your account

• You are responsible for what your staff do with their accounts.
• Passwords must not be shared. Anyone given a temporary password is required to set their own before using the console.
• Tell us promptly if you believe an account has been compromised.
• You are responsible for the WhatsApp Business Account and phone numbers you connect, and for any charges Meta applies to them.

4. Rules you must follow when messaging

These are not our preferences. They are Meta's requirements, and breaking them gets phone numbers restricted or banned — yours, not ours.

• Only message people who agreed to hear from you. You must hold demonstrable opt-in for every contact you import, and be able to say when and how it was given.
• Honour opt-outs. The system enforces this automatically and you must not work around it.
• Comply with Meta's WhatsApp Business Messaging Policy and Commerce Policy, and with applicable law including India's DPDP Act 2023.
• Do not send unlawful, deceptive, harassing or misleading content, and do not misrepresent who is messaging.
• Do not use purchased, scraped or rented contact lists.

We may suspend sending immediately if we reasonably believe these rules are being broken, including to protect the quality rating of a shared number.

5. Data protection

For personal data you put into Clevar, you are the data controller and we are your processor. We process it only on your instructions, as described in our privacy policy, and a separate data processing agreement governs the detail. You are responsible for having a lawful basis for the data you upload.

6. Availability

We aim to keep the service available and to fix faults promptly, but we do not offer a guaranteed uptime commitment unless one is agreed separately in writing. Meta's platform, its rate limits and its enforcement decisions are outside our control, and interruptions caused by them are not failures of this service.

7. Fees

Fees for the console are as separately agreed with you. Meta charges for messages independently, according to its own pricing, and those charges are yours whether they are billed to you directly or passed through by us.

8. Your data belongs to you

Contacts, conversations and campaign records you put into Clevar remain yours. You may request an export at any time. On termination we will make your data available for 30 days, then delete it in line with the retention schedule in the privacy policy — except opt-out records, which are kept permanently so that people who asked not to be contacted are not contacted again.

9. Ending the agreement

Either of us may end this agreement with 30 days' written notice. We may suspend or end it immediately for a serious breach of section 4, or where Meta requires it.

10. Liability

Nothing here limits liability for fraud, wilful misconduct, or anything that cannot lawfully be limited. Subject to that, our total liability in any twelve-month period is limited to the fees you paid us for the console in that period, and neither of us is liable for indirect or consequential loss.

We are not liable for Meta suspending or banning a WhatsApp Business Account or phone number, or for messages a client sends in breach of section 4.

11. Changes to these terms

We may update these terms and will tell clients directly before material changes take effect, rather than relying on this page being re-read.

12. Governing law

These terms are governed by the laws of India, and the courts of Mumbai, Maharashtra have exclusive jurisdiction.

Contact

Questions about these terms: harshit.damani@damnw.com.