Terms of Service

1. Who we are and what this covers

Commstate is software for running an online business: orders, products, customers, shipping, messaging, calls, an online shop and the tools around them. It is provided by Wexron Infotech LLP (LLPIN {{LLPIN}}), a limited liability partnership registered in India, with its registered office at {{REGISTERED_ADDRESS}} ("Commstate", "we", "us").

These terms are an agreement between us and the business that signs up ("you", "your business"). Whoever accepts them on the business's behalf confirms they are allowed to bind it. Commstate is made for businesses, not for personal or household use, and you must be at least 18 to accept these terms.

These terms work together with:

• the Acceptable Use Policy, which says what may not be done with Commstate;
• the Privacy Policy, which says how we handle personal data;
• the Data Processing Addendum, which covers the personal data of your customers that we handle for you;
• the Refund and Cancellation Policy.

2. Your account

• Give us true details when you sign up and keep them current. We verify an email address and, where asked, a phone number.
• You are responsible for everything done under your business's account, including by the people you invite. Give each person only the access they need; Commstate has roles and permissions for this.
• Keep sign-in details secret. Turn on two-step verification; we offer it for every account. Tell us at {{SUPPORT_EMAIL}} straight away if you think someone has got into your account.
• One business may hold more than one shop or workspace if its plan allows.

3. Trial, plans and payment

• A new business may start with a free trial. Its length is shown when you sign up (14 days unless the sign-up page says otherwise). We do not ask for card details to start a trial.
• After the trial, using Commstate needs a paid plan. Plans, prices and what each includes are shown at {{PRICING_URL}} and in your account. Prices are in the currency shown and exclude taxes such as GST or VAT unless stated; taxes are added as the law of your country requires.
• Some features are paid from a prepaid balance in your account, topped up through Razorpay. Charges for those features are taken from that balance as you use them or at the start of each billing period.
• Plans renew for the same period ({{BILLING_CYCLE}}) until cancelled. We will tell you at least {{PRICE_CHANGE_NOTICE_DAYS}} days before a price change applies to you.
• If a payment fails or your balance runs out, we may limit paid features until it is settled. We tell you before we do.
• Refunds and cancellation are covered by the Refund and Cancellation Policy.

4. Your data

• It stays yours. Everything you or your customers put into Commstate (orders, customers, products, messages, files, recordings) belongs to you. We use it only to run Commstate for you, keep it secure, and as the law requires.
• You decide what is collected about your customers. For the personal data of your customers and contacts, your business is the controller (under India's law, the data fiduciary) and we act on your instructions as your processor, as set out in the Data Processing Addendum. You are responsible for telling your customers what you collect and why (your shop has a privacy policy page for this) and for having a lawful basis, including consent, for what you send them.
• Exporting. You can export your customers, orders, products and other records as files from your account at any time.
• Ending. When your business stops using Commstate, you can ask us to delete its data; how and when is in the Privacy Policy.

5. Services you connect

Commstate can connect to services you choose and hold your own account with, such as your Shopify or WooCommerce store, Razorpay account, WhatsApp Business account, Plivo account, courier accounts, email domain, or your own AI provider key. When you connect one:

• you are responsible for your agreement with that provider and for what it does with the data you send it;
• we send it only what is needed for the feature you turned on;
• if the provider changes or stops its service, the feature may stop working, and we are not responsible for that.

Some features use providers we have chosen and pay for, such as AI models or one-time-code delivery. These are listed on the Sub-processors page.

6. AI features

Some features use AI models to draft replies, summarise calls, read documents and similar tasks. AI output can be wrong. Check it before you rely on it, especially before anything is sent to a customer or money moves. When the assistant is about to change something in your account, it shows what it will do and asks you to confirm. Some features, such as an AI support agent, reply to customers on their own once you turn them on; you choose which are on.

We do not use your data to train AI models. The AI providers we use are listed on the Sub-processors page; {{AI_PROVIDER_TRAINING_TERMS}}. If you connect your own AI provider key, that provider's terms apply to what is sent to it.

7. Messages, calls and the law

Commstate lets you send email, SMS, WhatsApp messages and make calls. You are responsible for following the rules that apply where you and the people you contact are, for example:

• consent and opt-out rules for marketing (such as the EU and UK e-privacy rules, the US TCPA and CAN-SPAM Act, Canada's anti-spam law, and India's TRAI rules on commercial communication with their registered headers, templates and calling hours);
• "do not call" registers and preferences;
• WhatsApp's own Business and Commerce policies;
• telling people when a call is recorded, and getting their consent where the law requires it.

Commstate can announce recordings and honour "do not call" settings; you must keep them on where the law requires.

8. Your shop

If you use the Commstate shop (storefront), it is your shop: you are the seller, and your terms, privacy policy, refund policy and other policies (written in the shop's policy editor) are what your buyers agree to. You are responsible for your products, prices, taxes, delivery, returns, and for meeting the consumer protection laws where you sell (for example India's Consumer Protection (E-Commerce) Rules, 2020, or the EU's consumer rights rules). We are not a party to sales between you and your buyers.

9. What we do

• We run Commstate with reasonable skill and care and work to keep it available and secure. We do not promise it will never be interrupted; planned maintenance and outside failures can happen. {{SERVICE_LEVEL_COMMITMENT}}
• We back up the main database every six hours and keep backups for about 14 days, so in a serious failure some recent changes (up to about six hours) could be lost.
• We change and improve Commstate over time. If we remove a feature you pay for, we tell you in advance and, where it is a large part of what you pay for, you may cancel.

10. Limits of liability

To the extent the law allows:

• Commstate is provided "as is". We are not liable for losses that were not reasonably foreseeable, for lost profits, revenue, goodwill or data you could have exported, or for what third-party services you connect do.
• Our total liability for all claims in any 12 months is limited to {{LIABILITY_CAP}}.

Nothing here limits liability that cannot be limited by law, such as for fraud.

11. Indemnity

You will cover our reasonable costs if a claim is brought against us because of content you put into Commstate, messages or calls you made with it, your shop's sales, or your breaking these terms or the law.

12. Suspension and ending

• You may stop at any time; see the Refund and Cancellation Policy.
• We may suspend or close an account that breaks the Acceptable Use Policy, does not pay, or puts other customers or Commstate at risk. Unless the risk is urgent or the law prevents it, we tell you first and give you time to fix it.
• After closure you have {{EXPORT_WINDOW_DAYS}} days to ask for your data, after which we may delete it.

13. Changes to these terms

We may update these terms. Each version is kept at its own address under /legal/terms, so you can always read the one you accepted. We tell account owners at least {{TERMS_CHANGE_NOTICE_DAYS}} days before a change that matters to them takes effect. Continuing to use Commstate after that means you accept the new version.

14. Law and disputes

These terms are governed by {{GOVERNING_LAW}}. The courts at {{JURISDICTION_CITY}} have exclusive jurisdiction. {{DISPUTE_RESOLUTION}} Before going to court, either side will first try to settle a dispute by talking, for at least 30 days, starting from a written notice.

Nothing in these terms takes away rights that the law where your business is based gives you and that cannot be waived by contract.

15. Contact

Questions about these terms: {{SUPPORT_EMAIL}}. Complaints: the Grievance Officer.