Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Nexa Growth Hub ("we", "us", "our") governing access to and use of our website at nexagrowthhub.com, our WhatsApp marketing and automation platform, APIs, dashboards, and related services (collectively, the "Service").

By creating an account, clicking "I agree", or using the Service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or organisation, you represent that you have authority to bind that entity, and "you" includes that entity.

Nexa Growth Hub provides a cloud-based platform for WhatsApp Business API integration, team inbox, broadcast campaigns, automation workflows, chatbots, analytics, CRM integrations, and related business messaging tools aimed at businesses in India and other supported regions.

We may modify, suspend, or discontinue features with reasonable notice where practicable. Beta or experimental features may be offered "as is" without warranties.

You must be at least 18 years old and capable of entering into a binding contract under Indian law.

You must provide accurate registration information and maintain a valid WhatsApp Business account and API access where required for messaging features. You are responsible for compliance with Meta/WhatsApp eligibility and commerce policies.

When you register for an account:

• You must provide accurate, current, and complete information during signup (including name, email, and company details where requested).
• You are responsible for safeguarding your password and all activity under your account.
• Notify us immediately at contact@nexagrowthhub.com if you suspect unauthorised access.
• We may suspend or terminate accounts that violate these Terms or pose security or legal risk.

Your use of WhatsApp functionality through the Service is subject to Meta's WhatsApp Business Terms, Commerce Policy, Messaging Guidelines, and applicable template and opt-in rules.

• You must obtain valid opt-in consent before sending promotional or marketing messages to end users where required.
• You must not send spam, unlawful content, harassing messages, or content prohibited by Meta or Indian law.
• You are solely responsible for message content, templates, audience lists, and compliance with TRAI / DLT regulations for commercial communications in India, where applicable.
• We may suspend messaging features if we receive valid abuse reports or are required to do so by Meta or authorities.

You agree not to:

• Use the Service for illegal, fraudulent, or harmful purposes
• Violate intellectual property, privacy, or publicity rights of others
• Upload malware, attempt unauthorised access, or interfere with the Service
• Scrape, reverse engineer, or resell the Service except as expressly permitted
• Use the Service to send unsolicited bulk messages without proper consent
• Impersonate any person or misrepresent your affiliation
• Process special categories of personal data without lawful basis and safeguards

Paid plans, pricing, and billing cycles are described on our website or order form. Fees are quoted in Indian Rupees (INR) unless stated otherwise and may exclude applicable taxes (GST, etc.).

Free trials, if offered, convert to paid subscriptions unless cancelled before the trial ends. We may change pricing with notice for renewal terms; continued use after notice constitutes acceptance where permitted.

Except where required by law, fees are non-refundable. Chargebacks or payment disputes may result in account suspension.

The Service, software, branding, documentation, and content provided by Nexa Growth Hub are owned by us or our licensors and protected by copyright, trademark, and other laws.

We grant you a limited, non-exclusive, non-transferable licence to use the Service during your subscription for internal business purposes. You retain ownership of content you upload; you grant us a licence to host, process, and transmit it solely to provide the Service.

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect it and use it only for purposes of the relationship, except as required by law.

Our collection and use of personal data is described in our Privacy Policy. Where you process end-customer data through the Service, you are the Data Fiduciary (or equivalent) for that data and must have a lawful basis, privacy notices, and appropriate agreements with us where required by the DPDP Act or other laws.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted delivery, specific delivery rates on WhatsApp, or particular business results. WhatsApp and third-party networks may cause delays or failures outside our control.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL.

OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR INR 10,000, WHICHEVER IS GREATER.

Nothing in these Terms limits liability for fraud, wilful misconduct, or death or personal injury caused by negligence where such limitation is prohibited by law.

You will defend, indemnify, and hold harmless Nexa Growth Hub, its affiliates, officers, and employees from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Service, your message content, your violation of these Terms, or your violation of third-party rights or applicable law.

You may stop using the Service and request account closure at any time by contacting contact@nexagrowthhub.com.

We may suspend or terminate your access for breach of these Terms, non-payment, legal requirement, or risk to the platform. Upon termination, your right to use the Service ceases; provisions that by nature should survive (including liability limits, indemnity, and governing law) will survive.

These Terms are governed by the laws of India, without regard to conflict-of-law principles.

Subject to Section 16, the courts at Chennai, Tamil Nadu, India shall have exclusive jurisdiction over disputes arising from these Terms.

Before initiating formal proceedings, the parties agree to attempt good-faith negotiation for at least 30 days after written notice of a dispute to contact@nexagrowthhub.com.

If unresolved, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed mutually or in accordance with the Act, seated in Chennai, with proceedings in English. Either party may seek interim injunctive relief from courts in Chennai.

The following general provisions apply:

• Entire agreement: These Terms, the Privacy Policy, and Cookie Policy constitute the entire agreement regarding the Service.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• Waiver: Failure to enforce a provision is not a waiver of future enforcement.
• Assignment: You may not assign these Terms without our consent; we may assign in connection with a merger or sale.
• Force majeure: We are not liable for delays due to events beyond reasonable control (natural disasters, war, network outages, government actions, Meta/WhatsApp outages).

We may update these Terms by posting a revised version on this page. Material changes will be notified via email or in-app notice where appropriate. Continued use after the effective date constitutes acceptance where permitted by law.

Questions about these Terms:

Email: contact@nexagrowthhub.com

Phone: +91 9090031523

Address: Chennai, Tamil Nadu, India