Terms & Conditions

Effective Date: March 06, 2025

Last Updated: March 06, 2025

Welcome to WhatsApp Mailer, a service provided by Divaux Technologies Pvt Ltd (“we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of WhatsApp Mailer (“Service”), a product that collects your email ID, WhatsApp number, and email content to deliver your emails to your WhatsApp number, using AI filtering mechanisms to categorize them based on your preferences.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

  1. Acceptance of Terms

    These Terms form a legally binding agreement between you (“you” or “User”) and Divaux Technologies Pvt Ltd. We may update these Terms from time to time, and the updated version will be effective as of the “Last Updated” date. We will notify you of significant changes via email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

  2. Eligibility

    To use WhatsApp Mailer, you must:

    • Be at least 16 years of age.
    • Have the legal capacity to enter into a binding agreement.
    • Not be prohibited from using the Service under applicable laws.
  3. Description of the Service

    WhatsApp Mailer enables you to:

    • Link your email ID and WhatsApp number to receive your emails on WhatsApp.
    • Set preferences for AI-based filtering and categorization of email content (e.g., work, personal, promotions).
    • Manage and revoke access to your data at any time.

    The Service relies on third-party platforms (e.g., WhatsApp, email providers), and their availability or functionality may affect our Service.

  4. User Responsibilities
    1. Account Security
      • You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
      • Notify us immediately at harold.paul@divaux.com if you suspect unauthorized access.
    2. Lawful Use
      • You agree to use the Service only for lawful purposes and in compliance with these Terms.
      • You must not use the Service to send, store, or process illegal, harmful, or abusive content.
    3. Accurate Information
      • You agree to provide accurate and current information (e.g., email ID, WhatsApp number) to enable the Service to function properly.
  5. Intellectual Property
    1. Ownership
      • All intellectual property rights in WhatsApp Mailer, including its software, AI algorithms, design, and branding, are owned by Divaux Technologies Pvt Ltd or its licensors.
    2. License to You
      • We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes, subject to these Terms.
    3. Restrictions
      • You may not copy, modify, distribute, reverse-engineer, or create derivative works of the Service or its components without our prior written consent.
  6. Third-Party Services

    WhatsApp Mailer integrates with third-party platforms (e.g., WhatsApp, email providers). Your use of these platforms is governed by their respective terms and policies. We are not responsible for their performance, availability, or any issues arising from their use.

  7. Fees and Payment
    1. Packages
      • WhatsApp Mailer offers both free and paid packages, allowing you to choose the plan that best suits your needs. Details of each package, including features and limitations, are available on our website or within the Service interface.
      • Free Package: Provides basic functionality at no cost, subject to certain restrictions (e.g., limited email volume or filtering options).
      • Paid Packages: Unlock additional features (e.g., higher email volume, advanced AI filtering) for a subscription fee.
    2. Payment Terms
      • Paid packages are billed on a recurring basis (e.g., monthly or annually) as selected by you during signup.
      • All fees are quoted in Indian Rupees (INR) unless otherwise specified and are exclusive of applicable taxes (e.g., GST), which will be added at checkout.
      • Payments must be made via the payment methods provided in the Service (e.g., credit/debit card, UPI, or other options).
    3. Changes to Fees
      • We reserve the right to modify package features or fees with prior notice. Any changes will apply to your next billing cycle, and you will be notified via email or through the Service.
    4. Refunds
      • Fees for paid packages are non-refundable, except as required by law or if we terminate the Service without cause, in which case a prorated refund may be issued.
    5. Failure to Pay
      • If payment is not received by the due date, we may suspend or terminate your access to paid features until payment is made.
  8. Termination
    1. By You
      • You may stop using the Service and revoke access to your data at any time by adjusting your account settings or contacting us at harold.paul@divaux.com. Cancellation of a paid package will take effect at the end of the current billing cycle.
    2. By Us
      • We may suspend or terminate your access to the Service if you:
      • Breach these Terms.
      • Use the Service in a way that harms us, other users, or third parties.
      • Fail to make payment for a paid package.
      • Engage in illegal activities.
      • We will notify you of termination unless immediate action is required for legal or security reasons.
    3. Effect of Termination
      • Upon termination, your license to use the Service ends, and we will delete your data within 30 days, as outlined in our Privacy Policy, unless retention is required by law.
  9. Disclaimer of Warranties
    • The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including fitness for a particular purpose or uninterrupted operation.
    • We do not guarantee that the Service will be error-free, secure, or compatible with all devices.
  10. Limitation of Liability

    To the maximum extent permitted by law:

    • Divaux Technologies Pvt Ltd, its affiliates, and employees will not be liable for indirect, incidental, consequential, or punitive damages arising from your use of the Service.
    • Our total liability for any claim related to the Service will not exceed INR 1,000 or the amount you paid us in the past 12 months, whichever is greater.
  11. Indemnification

    You agree to indemnify and hold Divaux Technologies Pvt Ltd harmless from any claims, losses, or damages (including legal fees) arising from:

    • Your use of the Service.
    • Your breach of these Terms.
    • Your violation of any third-party rights or applicable laws.
  12. Governing Law and Dispute Resolution
    • Governing Law: These Terms are governed by the laws of India.
    • Jurisdiction: Any disputes will be resolved exclusively in the courts of Kochi, Ernakulam, India.
    • Informal Resolution: Before pursuing legal action, you agree to attempt to resolve disputes informally by contacting us at harold.paul@divaux.com.
  13. Privacy

    Your use of WhatsApp Mailer is also governed by our Privacy Policy, available at Privacy Policy, which details how we collect, use, and protect your data.

  14. Force Majeure

    We are not liable for delays or failures in providing the Service due to events beyond our control, such as natural disasters, cyberattacks, or third-party service outages.

  15. Miscellaneous
    • Entire Agreement: These Terms, along with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.
    • Severability: If any provision of these Terms is found invalid, the remaining provisions remain enforceable.
    • No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
  16. Contact Us

    For questions, concerns, or support regarding these Terms, please contact:

    • Email: harold.paul@divaux.com
    • Address: Divaux Technologies Pvt Ltd, Edapally, Kochi, Ernakulam, 682024, India