Terms of Service

Effective date: 1 July 2025

These Terms of Service ("Terms") govern your access to and use of GUPO Broadcast, a WhatsApp group broadcasting platform operated by GUPO Broadcast ("we", "us", "our"). By creating an account or using our platform, you agree to these Terms in full. If you do not agree, do not use the platform.

1. Eligibility

You must be at least 18 years of age to use GUPO Broadcast. By registering, you represent that:

  • You are at least 18 years old
  • You have the legal authority to enter into these Terms
  • You will use the platform in compliance with all applicable laws

2. WhatsApp API — Risk Acknowledgement

⚠️ Critical: Read before using

GUPO Broadcast uses Green API, which connects to WhatsApp via the WhatsApp Web protocol. This is not the official WhatsApp Business API and is not endorsed or approved by Meta Platforms Inc. or WhatsApp LLC.

By using GUPO Broadcast, you explicitly acknowledge and accept that:

  • Using unofficial WhatsApp access methods may violate WhatsApp's Terms of Service
  • WhatsApp may restrict, suspend, or permanently ban your phone number without warning
  • GUPO Broadcast has no control over WhatsApp's enforcement actions against your account
  • We will not be liable for any WhatsApp account suspension, loss of contacts, or loss of business resulting from using this platform
  • You are solely responsible for compliance with WhatsApp's policies and applicable laws in your jurisdiction

3. Acceptable Use

You may use GUPO Broadcast only for lawful purposes. You agree to use the platform exclusively for:

  • Broadcasting informational messages to WhatsApp groups whose members have consented to receive such messages
  • Legitimate agricultural, business, or community communication
  • Content that complies with all applicable Indian laws and WhatsApp's policies

You must NOT use GUPO Broadcast to:

  • Send unsolicited bulk messages (spam) to individuals who have not consented
  • Send messages that are illegal, fraudulent, threatening, abusive, harassing, or defamatory
  • Spread misinformation, hate speech, or content that incites violence
  • Violate any individual's privacy or share personal data without consent
  • Send content that violates intellectual property rights
  • Conduct phishing, scams, or any deceptive practices
  • Use automated means to circumvent rate limits or security measures
  • Resell or white-label access to our platform without written permission

We reserve the right to suspend or terminate accounts that violate these rules without refund and without prior notice.

4. Messaging Compliance

As a broadcaster using our platform, you are responsible for:

  • Consent: Only broadcasting to groups whose members have agreed to receive your messages
  • Opt-out: Honouring requests from individuals who ask to be removed from your groups
  • Content: Ensuring your messages comply with applicable advertising and messaging regulations, including TRAI guidelines in India
  • Frequency: Not sending messages at a frequency that could constitute harassment or trigger spam reports
  • Accuracy: Ensuring all information in your broadcasts is accurate and not misleading

5. Account Responsibilities

  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activity that occurs under your account
  • You must notify us immediately of any unauthorised access to your account
  • You may not share your account with others or create accounts for third parties without our consent

6. Plans, Payments & Refunds

Free Trial: New accounts receive a 7-day trial with limited features. No payment is required.

Paid Plans: Starter (₹499/mo), Business (₹999/mo), and Enterprise (₹1,999/mo) plans are available. All prices are exclusive of applicable GST.

Billing: Plans are billed monthly from the date of payment. Access expires 30 days after payment.

Refunds: Due to the nature of digital services, we generally do not offer refunds once a plan is activated. If you experience a service outage of more than 24 hours caused solely by our platform (excluding third-party services like Green API or WhatsApp), contact us within 7 days for a pro-rated credit.

Plan changes: Upgrading plans takes effect immediately. Unused days from the previous plan are not carried over.

No refund for WhatsApp bans: We do not issue refunds if your WhatsApp account is suspended or banned, as this is beyond our control.

7. Service Availability

We strive for high availability but do not guarantee uninterrupted service. GUPO Broadcast depends on third-party services (Green API, Supabase, Railway, Redis) and WhatsApp's infrastructure, which may experience outages beyond our control. We are not liable for:

  • Failed or delayed message delivery due to Green API or WhatsApp issues
  • Messages not received by group members
  • Data loss due to third-party service failures
  • WhatsApp policy changes that affect platform functionality

8. Intellectual Property

GUPO Broadcast and its original content, features, and functionality are and will remain the exclusive property of GUPO Broadcast. You retain ownership of all content you create using our platform (messages, templates, images). By using the platform, you grant us a limited licence to store and transmit your content solely for the purpose of providing the service.

9. Limitation of Liability

To the maximum extent permitted by applicable law, GUPO Broadcast shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business
  • WhatsApp account suspension or ban
  • Loss of data or contacts
  • Failure of messages to be delivered
  • Any third-party claims arising from your use of our platform

Our total aggregate liability to you for any claims arising under these Terms shall not exceed the total amount you paid us in the 30 days immediately preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless GUPO Broadcast, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

  • Your use of the platform in violation of these Terms
  • Your broadcast content
  • Your violation of any third-party rights or applicable laws
  • Any claims by WhatsApp, Meta, or regulatory authorities arising from your messaging activity

11. Termination

We may suspend or terminate your account at any time, with or without notice, for conduct that violates these Terms or is harmful to other users, us, or third parties. Upon termination:

  • Your access to the platform will be revoked immediately
  • Your data will be retained per our Privacy Policy and then deleted
  • No refunds will be issued for the remaining subscription period unless required by law

You may delete your account at any time from your profile settings.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Any disputes arising from or relating to these Terms or your use of GUPO Broadcast shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.

Before initiating legal proceedings, you agree to attempt to resolve disputes informally by contacting us at support@gupo.in. We will attempt to resolve complaints within 30 days.

13. Changes to Terms

We reserve the right to update these Terms at any time. We will provide at least 7 days' notice of material changes via email or an in-app notice. Continued use of the platform after the effective date of changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact us at: support@gupo.in