Terms and Conditions

Supermessage is a product owned and operated by Geeklabs Software Private Limited.

Please carefully read and understand these Terms and Conditions before accessing or using Supermessage.

Geeklabs Software Private Limited (“Geeklabs”, “Supermessage”, “we”, “us”, or “our”) provides a software-as-a-service platform that enables businesses to use the official WhatsApp Cloud API and related functionality to communicate with their customers.

A “Customer”, “you”, or “your” means the business, organization, sole proprietor, partnership, company, or other legal entity that creates an account for or uses Supermessage.

These Terms and Conditions (“Terms” or “Agreement”) form a legally binding agreement between the Customer and Geeklabs Software Private Limited.

This Agreement becomes effective for a Customer when the Customer creates a Supermessage account, purchases a subscription, accepts these Terms, or first uses the Service, whichever occurs first (the “Effective Date”).

If you register for or use Supermessage on behalf of a Customer, you represent and warrant that you have the authority to enter into this Agreement and bind that Customer.

If you do not agree to these Terms, you must not access or use Supermessage.

Subject to applicable law, we may suspend, restrict, or terminate access to the Service where a Customer violates these Terms, applicable law, the applicable policies of Meta or WhatsApp, or otherwise uses the Service in a manner that creates material legal, security, operational, reputational, or platform risk.

1. Supermessage Platform

1.1 Provision of Supermessage

Subject to the Customer’s compliance with this Agreement and payment of applicable fees, Geeklabs will make Supermessage available to the Customer in accordance with the Customer’s applicable subscription plan.

Supermessage uses and integrates with the official WhatsApp Cloud API and other services provided by Meta Platforms, Inc., WhatsApp Ireland Limited, and their respective affiliates (“Meta/WhatsApp”).

The Customer acknowledges that the availability and operation of certain portions of Supermessage depend on third-party systems, including Meta/WhatsApp.

1.2 Third-Party Requirements

The Customer must:

read, accept, and comply with the applicable Meta/WhatsApp terms, policies, guidelines, technical requirements, and documentation;
obtain and maintain all approvals, permissions, accounts, credentials, business assets, and other requirements necessary to use the WhatsApp Cloud API;
provide accurate information required for WhatsApp Business onboarding and verification;
maintain all licences, registrations, approvals, and permissions required for its business and messaging activities; and
take all steps reasonably necessary to enable interoperability between Supermessage, the WhatsApp Cloud API, and any third-party applications selected by the Customer.

Geeklabs may provide assistance with onboarding and configuration but does not guarantee approval by Meta/WhatsApp.

1.3 Customer’s Meta Assets

Unless expressly agreed otherwise in writing, the Customer is responsible for its own Meta Business Portfolio, WhatsApp Business Account, WhatsApp-enabled phone number, billing configuration, and related Meta assets.

The Customer represents that it owns or is duly authorized to use every phone number, business asset, domain, trademark, and account connected to Supermessage.

2. Modifications to the Service, Fees, and Terms

2.1 Service Changes

We may modify, enhance, replace, restrict, suspend, or discontinue any part of the Service from time to time.

This may include changes required because Meta/WhatsApp modifies its APIs, policies, pricing, technical requirements, features, security requirements, or access conditions.

We will use reasonable efforts to avoid materially disrupting paid Customers where reasonably practicable, but we cannot guarantee that every feature will remain available indefinitely.

2.2 Changes to Supermessage Fees

We may change Supermessage subscription fees by providing at least 30 days’ advance notice before the changed fee applies to the Customer’s next applicable renewal.

Pricing changes may also be reflected on the Supermessage pricing page.

If the Customer does not agree to a new subscription price, the Customer may cancel its subscription before the new price takes effect.

2.3 Changes to These Terms

We may update these Terms from time to time.

Where a change materially affects the Customer’s rights or obligations, we will provide reasonable notice through the Service, by email, on supermessage.ai, or through another reasonable method.

Continued use of the Service after the updated Terms become effective constitutes acceptance of those updated Terms, to the extent permitted by applicable law.

New features and functionality added to Supermessage will also be governed by these Terms unless expressly stated otherwise.

3. Customer Trademark Licence

During the term of this Agreement, the Customer grants Geeklabs a worldwide, non-exclusive, royalty-free licence to use trademarks and logos that the Customer makes available to Geeklabs for the purpose of identifying the Customer as a Supermessage customer and for marketing, advertising, and promoting Supermessage.

This may include displaying the Customer’s name and logo on Supermessage’s website, customer lists, presentations, marketing materials, and similar promotional materials.

Geeklabs will use such trademarks in a reasonable manner and, where the Customer provides reasonable trademark usage guidelines, will make reasonable efforts to comply with them.

The Customer may request that Geeklabs discontinue future use of its trademarks or logos where continued display would reasonably be expected to cause a materially adverse effect on the Customer’s brand or goodwill.

4. Copyright, Ownership, and Customer Data

4.1 Supermessage Intellectual Property

Geeklabs and its licensors retain all rights, title, and interest in and to:

Supermessage;
supermessage.ai;
the software, source code, object code, architecture, systems, interfaces, designs, workflows, dashboards, and technology forming part of Supermessage;
documentation, materials, content, graphics, branding, and other materials provided by Geeklabs;
modifications, enhancements, improvements, and derivative works of the foregoing; and
all intellectual property rights associated with the foregoing.

Except for the limited right to use Supermessage during an active subscription in accordance with these Terms, no rights are transferred to the Customer.

Supermessage is licensed for use and is not sold to the Customer.

4.2 Restrictions

Unless permitted by applicable law or expressly authorized by Geeklabs in writing, the Customer must not:

copy, reproduce, modify, adapt, distribute, sell, lease, sublicense, or exploit Supermessage;
reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying structure of Supermessage;
bypass security controls, rate limits, access restrictions, or other technical measures;
use Supermessage to build, train, develop, or operate a substantially similar or competing product through unauthorized extraction or copying of non-public functionality;
resell or provide Supermessage as a standalone service to third parties except where expressly authorized; or
remove proprietary notices or branding from the Service.

4.3 Customer Content

Geeklabs claims no ownership over the Customer’s contact lists, message content, files, business information, or other content submitted by or on behalf of the Customer to Supermessage (“Customer Data”).

As between Geeklabs and the Customer, the Customer retains its rights in Customer Data.

4.4 Geeklabs’ Right to Process Customer Data

The Customer authorizes Geeklabs and its service providers and subprocessors to host, store, use, reproduce, transmit, modify as technically necessary, and otherwise process Customer Data solely as reasonably necessary to:

provide and operate Supermessage;
provide customer support;
maintain and secure the Service;
troubleshoot technical issues;
prevent fraud, misuse, and security incidents;
comply with the Customer’s lawful instructions;
comply with applicable law and lawful governmental requests; and
perform other activities reasonably necessary to provide the Service.

4.5 Aggregated and De-Identified Data

Geeklabs may use information that has been aggregated or de-identified so that it does not identify the Customer or an identifiable individual for legitimate internal business purposes, including analytics, service performance, quality assurance, security, product improvement, and development of products and services.

4.6 Privacy

The Customer is responsible for ensuring that it has all rights, permissions, notices, consents, and lawful bases required for Geeklabs to process Customer Data as contemplated by this Agreement.

Geeklabs’ own collection and processing of personal data is additionally governed by its applicable Privacy Policy and, where applicable, a separate Data Processing Addendum.

5. Customer Responsibilities

5.1 Customer Accounts and Authorized Users

Supermessage may allow the Customer to authorize employees, contractors, agents, or other persons to access the Customer’s account (“Authorized Users”).

The Customer is responsible for:

determining who may access its account;
maintaining appropriate access controls;
ensuring Authorized Users comply with these Terms;
promptly removing access when it is no longer required;
maintaining the confidentiality and security of account credentials; and
all activities occurring through its account, except to the extent directly caused by Geeklabs’ breach of its own obligations.

The Customer must not permit unauthorized persons to share or use account credentials.

The Customer must promptly notify Geeklabs at support@supermessage.ai if it becomes aware of actual or suspected unauthorized use of its account.

Geeklabs may suspend, deactivate, or require replacement of credentials where we reasonably believe an account may have been compromised or used without authorization.

5.2 Customer Responsibility for Communications

The Customer is solely responsible for:

the Customer Data uploaded to Supermessage;
the recipients selected by the Customer;
the content and timing of messages;
products, services, promotions, and offers communicated through Supermessage;
actions of its Authorized Users;
maintaining lawful recipient consent;
compliance with applicable marketing, privacy, consumer-protection, telecommunications, and other laws; and
compliance with Meta/WhatsApp policies.

Supermessage provides software and does not independently determine whether a particular message, campaign, recipient list, promotion, or business practice is lawful or appropriate.

5.3 Prohibited Use

The Customer must not use or permit use of Supermessage to send, upload, collect, transmit, store, disclose, or process content or data that:

contains viruses, worms, malware, malicious code, or other harmful software;
the Customer does not have the lawful right or authorization to process;
is intentionally false, misleading, deceptive, or fraudulent;
impersonates another person, company, or organization;
is threatening, abusive, harassing, defamatory, obscene, hateful, discriminatory, or otherwise unlawful;
unlawfully exploits or harms minors;
infringes intellectual property, privacy, publicity, confidentiality, or other rights;
promotes illegal products, services, or activities;
violates applicable law or Meta/WhatsApp policies; or
could reasonably expose Geeklabs, Supermessage, Meta/WhatsApp, another customer, or another person to material legal, regulatory, security, or operational risk.

The Customer must not:

send spam or unauthorized unsolicited communications;
interfere with or overload the Service or connected systems;
conduct denial-of-service or similar attacks;
attempt to obtain unauthorized access to systems, accounts, or data;
scrape, mine, or extract data from Supermessage through unauthorized means;
circumvent limits imposed by Supermessage or Meta/WhatsApp;
use Supermessage for an unauthorized competing service; or
otherwise use the Service outside the scope permitted by this Agreement.

Geeklabs may investigate suspected misuse and may remove content, pause campaigns, restrict functionality, or suspend accounts where reasonably necessary.

6. WhatsApp and Meta Usage Requirements

6.1 Compliance With WhatsApp Policies

The Customer must comply at all times with the then-current policies, terms, guidelines, and requirements applicable to the WhatsApp Business Platform, including the WhatsApp Business Messaging Policy and other applicable Meta/WhatsApp policies.

Meta/WhatsApp may amend those policies from time to time.

Continued use of the WhatsApp Business Platform may require compliance with updated Meta/WhatsApp requirements.

The Customer may contact a person through WhatsApp only where the Customer has the person’s phone number and has obtained all opt-in permission, consent, and lawful authority required by Meta/WhatsApp policies and applicable law.

The Customer is solely responsible for:

determining an appropriate method of obtaining consent;
obtaining consent before initiating communications where required;
retaining appropriate evidence of consent;
ensuring that the scope of consent covers the communications being sent; and
providing all notices required by applicable law.

6.3 Opt-Out Requests

The Customer must promptly respect any request made by a recipient, whether through WhatsApp or another channel, to block, stop, discontinue, unsubscribe from, or otherwise opt out of WhatsApp communications.

The Customer must not deliberately circumvent such a request.

6.4 Message Templates

Meta/WhatsApp may require use of approved message templates for particular types of business-initiated communications.

Meta/WhatsApp has discretion to review, approve, reject, pause, disable, reclassify, or otherwise restrict message templates.

Geeklabs does not guarantee approval or continued availability of any template.

6.5 Messaging Limits and Quality

Meta/WhatsApp may impose or modify:

messaging limits;
quality ratings;
message categories;
service windows;
recipient restrictions;
rate limits;
verification requirements; and
other restrictions.

The Customer must comply with all applicable limits and restrictions.

6.6 WhatsApp Enforcement

Meta/WhatsApp may limit, suspend, disable, or terminate access to WhatsApp Business services where, among other things, a business receives significant negative feedback, violates applicable policies, causes harm to users or the platform, or otherwise fails to meet Meta/WhatsApp requirements.

Geeklabs does not control those decisions.

If Meta/WhatsApp restricts or terminates the Customer’s WhatsApp Business Account, phone number, template, or other asset because of the Customer’s content, recipients, consent practices, complaint rates, business model, products or services, or policy violations, Geeklabs will not be responsible for that restriction or termination.

Such action by Meta/WhatsApp does not by itself constitute a breach by Geeklabs and does not create a right to a refund of Supermessage fees.

6.7 Onboarding and Verification

Meta/WhatsApp may require business verification, phone-number verification, business-profile review, documentation, or other checks as prerequisites for using the WhatsApp Cloud API.

The Customer agrees to provide accurate information and documentation required for such processes.

Geeklabs may assist the Customer with onboarding but does not guarantee:

approval by Meta/WhatsApp;
approval of a business name or display name;
verification of a business;
approval of a phone number;
approval of message templates; or
continued access to the WhatsApp Business Platform.

6.8 WhatsApp Phone Number

The Customer owns or controls the phone number it connects to Supermessage and is responsible for maintaining its rights to use that number.

Supermessage does not currently support WhatsApp Coexistence.

Accordingly, where a phone number is connected to the WhatsApp Cloud API through Supermessage, the Customer should not assume that the same number can simultaneously continue to operate through the WhatsApp or WhatsApp Business mobile application.

Compatibility, migration, interoperability, and future coexistence capabilities may depend on functionality made available by Meta/WhatsApp and functionality supported by Supermessage from time to time.

6.9 Meta/WhatsApp Pricing

The Customer acknowledges that Meta/WhatsApp may impose variable messaging, usage, or other charges under Meta/WhatsApp’s then-current pricing rules.

Meta/WhatsApp controls its own:

pricing methodology;
message categories;
rates;
billing rules;
service windows;
discounts or free allowances; and
changes to those arrangements.

Geeklabs does not control Meta/WhatsApp pricing.

6.10 Direct Meta Billing and 0% Markup

Unless expressly agreed otherwise in writing:

all charges imposed by Meta/WhatsApp for use of the WhatsApp Cloud API are the Customer’s responsibility;
such charges are billed directly by Meta/WhatsApp to the Customer through the Customer’s applicable Meta billing account;
Geeklabs does not collect those Meta/WhatsApp messaging charges; and
Geeklabs adds 0% markup to Meta/WhatsApp messaging charges billed directly to the Customer.

The fees paid to Geeklabs are fees for Supermessage and any other Geeklabs services expressly purchased by the Customer and are separate from Meta/WhatsApp charges.

7. Support

Customers will generally have access to Supermessage technical support between 10:00 AM and 8:00 PM Indian Standard Time on weekdays, excluding public holidays and other holidays observed by Geeklabs.

Support may be provided through email, website-based support channels, or other support methods made available by Supermessage from time to time.

Support enquiries may be sent to:

support@supermessage.ai

Support availability does not constitute a guarantee that every request will be resolved within a particular period unless a separate written service-level agreement expressly provides otherwise.

8. Fees and Payment

8.1 Supermessage Fees

The Customer must pay the applicable subscription and other fees displayed on supermessage.ai, at checkout, or in an applicable order form (“Fees”).

The applicable plan, billing cycle, usage limits, and included functionality will be those selected or agreed by the Customer.

8.2 WhatsApp Cloud API Charges

Supermessage Fees do not include amounts charged directly by Meta/WhatsApp for use of the WhatsApp Cloud API.

Those charges are the Customer’s responsibility and are paid directly by the Customer to Meta/WhatsApp.

8.3 Payment Terms

Subscription Fees are charged on a prepaid basis for the applicable billing period.

Unless otherwise stated in an applicable order form or pricing arrangement, subscriptions automatically renew for successive periods equivalent to the Customer’s selected billing cycle at the then-current applicable subscription price until cancelled.

The Customer authorizes Geeklabs and its payment service providers to charge the Customer’s selected payment method for applicable Fees and taxes.

8.4 Taxes

Fees are exclusive of applicable GST and other taxes unless expressly stated otherwise.

Geeklabs may collect applicable GST or other taxes where legally required.

The Customer is responsible for all applicable taxes associated with its purchase except taxes imposed on Geeklabs’ net income.

8.5 Non-Refundable Fees

Except where required by applicable law or expressly stated otherwise in this Agreement, all Fees paid to Geeklabs are non-refundable.

There will be no refunds or credits for:

partial billing periods;
unused time;
upgrades or downgrades;
an account remaining unused;
Customer-requested cancellation before the end of a paid period; or
Meta/WhatsApp restrictions caused by matters attributable to the Customer.

8.6 No Set-Off

To the maximum extent permitted by applicable law, payment obligations may not be reduced by set-off, counterclaim, or withholding except where the Customer is legally required to do so.

8.7 Disputed Charges

If the Customer in good faith disputes any Geeklabs invoice or charge, the Customer must provide written notice to support@supermessage.ai within 15 days after receipt of the applicable invoice or charge.

The notice must reasonably identify the disputed amount and explain the basis for the dispute with supporting information.

Where an invoice contains both disputed and undisputed amounts, the Customer must pay the undisputed portion when due.

Failure to notify Geeklabs within the 15-day period may, to the maximum extent permitted by applicable law, result in the Customer being treated as having accepted that invoice or charge.

8.8 Late Payment

Except for amounts disputed in good faith in accordance with Section 8.7, overdue amounts may accrue a late charge at the lesser of:

1.5% per month, compounded monthly; or
the maximum amount permitted by applicable law.

Geeklabs may also suspend some or all access to the Service for non-payment in accordance with Section 10.

Outstanding payment obligations remain payable despite suspension.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law, Supermessage and all related services are provided on an “as is” and “as available” basis.

Geeklabs does not warrant that:

the Service will always be available, uninterrupted, secure, or error-free;
every feature will operate without defects;
every defect will be corrected;
Meta/WhatsApp will continue to provide any particular API, service, functionality, policy, price, or integration;
Meta/WhatsApp will approve the Customer, its phone number, business profile, display name, templates, or other assets;
every WhatsApp message will be accepted, transmitted, or delivered;
analytics or calculations will always be error-free;
use of Supermessage will produce any particular sales, marketing, revenue, engagement, or business result; or
third-party services will remain available.

Geeklabs is not responsible for service interruptions, restrictions, failures, policy decisions, pricing changes, or other acts or omissions of Meta/WhatsApp or other independent third-party providers except to the extent liability cannot lawfully be excluded.

The Customer’s use of Supermessage does not eliminate the Customer’s responsibility to review its communications, campaigns, recipients, legal obligations, and business practices.

10. Limitation of Liability

The parties acknowledge that the limitations in this Section reflect an allocation of commercial risk between them.

10.1 Aggregate Liability Cap

To the maximum extent permitted by applicable law, Geeklabs Software Private Limited total aggregate liability arising out of or relating to this Agreement or Supermessage will not exceed the lesser of:

the total Supermessage Fees actually paid by the Customer to Geeklabs during the 12 months immediately preceding the event giving rise to the claim; or
USD 200 or its equivalent in the applicable billing currency.

The existence of more than one claim will not increase this aggregate limit.

Fees paid directly by the Customer to Meta/WhatsApp or other third parties are not considered Fees paid to Geeklabs for the purpose of calculating this liability cap.

10.2 Excluded Damages

To the maximum extent permitted by applicable law, Geeklabs and its directors, officers, employees, affiliates, suppliers, and service providers will not be liable for:

indirect damages;
incidental damages;
special damages;
exemplary or punitive damages;
consequential damages;
lost profits;
lost revenue;
lost business opportunities;
lost savings;
loss of goodwill;
loss or corruption of data;
business interruption;
costs of purchasing replacement products or services; or
damages arising from independent acts or omissions of Meta/WhatsApp or another third-party platform,

whether the claim arises in contract, tort, negligence, statute, or otherwise, even where Geeklabs was informed that such damage might occur.

10.3 Mandatory Rights

Nothing in this Agreement excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited under applicable law.

11. Indemnification

To the maximum extent permitted by applicable law, the Customer will defend, indemnify, and hold harmless Geeklabs Software Private Limited, its affiliates, directors, officers, employees, and representatives from and against third-party claims, proceedings, losses, damages, penalties, liabilities, costs, and reasonable legal expenses arising from or relating to:

Customer Data;
messages or communications sent by or on behalf of the Customer;
the Customer’s products, services, offers, or business activities;
violation of applicable law by the Customer;
violation of Meta/WhatsApp policies by the Customer;
failure by the Customer to obtain required recipient consent;
failure by the Customer to honour an opt-out request;
infringement or misappropriation of a third party’s intellectual property, privacy, publicity, or other rights by Customer Data or Customer activity;
misuse of Supermessage by the Customer or its Authorized Users; or
material breach of this Agreement by the Customer.

Geeklabs will provide reasonable notice of an indemnified third-party claim and reasonable cooperation at the Customer’s expense.

The Customer may not settle a claim in a manner that admits wrongdoing by Geeklabs Software Private Limited (“Geeklabs”) or imposes an obligation on Geeklabs Software Private Limited (“Geeklabs”) without Geeklabs’ prior written consent, which will not be unreasonably withheld.

12. Term and Termination

12.1 Term

This Agreement begins on the Effective Date and remains in effect until terminated in accordance with these Terms.

Where the Customer has an automatically renewing subscription, the subscription will renew for successive periods corresponding to the selected billing cycle unless cancelled before the applicable renewal.

12.2 Customer Cancellation

The Customer is responsible for properly cancelling its subscription through cancellation functionality made available by Supermessage or by contacting support@supermessage.ai where self-service cancellation is unavailable.

The Customer may request cancellation at any time.

Unless otherwise stated for the applicable plan, cancellation prevents the next renewal and the Customer remains responsible for Fees applicable to the current billing period.

No refund or credit will be provided for unused portions of the current billing period except where expressly required by applicable law or this Agreement.

12.3 Effect on Customer Data

Cancellation or termination may result in deactivation of the Customer’s account and eventual deletion of Customer Data.

The Customer is responsible for exporting any Customer Data it wishes to retain before termination where export functionality is available.

Following account closure, Geeklabs may delete or anonymize Customer Data in accordance with its applicable retention practices, legal obligations, security requirements, and any applicable Data Processing Addendum.

Once Customer Data has been permanently deleted, it may not be recoverable.

12.4 Suspension for Non-Payment

Geeklabs may suspend the Service where the Customer fails to pay an undisputed amount when due.

Except where immediate suspension is reasonably necessary because of fraud, chargeback abuse, or material payment risk, Geeklabs will use reasonable efforts to notify the Customer of the overdue amount.

For invoice-based amounts, Geeklabs may suspend the Service if an undisputed overdue amount remains unpaid for 30 calendar days after written notice.

Suspension does not release the Customer from payment obligations.

12.5 Suspension for Abuse, Security, or Policy Risk

Geeklabs may suspend or restrict access immediately, with or without prior notice where reasonably necessary, if Geeklabs believes that:

the Customer is engaging in fraudulent, abusive, or illegal activity;
the Customer is sending spam or unauthorized messages;
Customer activity violates Meta/WhatsApp policies;
continued access creates a material security threat;
the Customer is attempting to compromise or interfere with the Service;
the Customer’s activity materially threatens Geeklabs’ relationship with Meta/WhatsApp or the availability of services to other customers; or
suspension is required by law, regulation, court order, governmental authority, Meta/WhatsApp, or another provider whose services are necessary to operate Supermessage.

Geeklabs may report suspected illegal activity to appropriate authorities where legally permitted or required.

12.6 Termination for Material Breach

Either party may terminate this Agreement by providing written notice where the other party materially breaches the Agreement and fails to cure that breach within 30 days after receiving written notice describing the breach.

No cure period is required where the breach is incapable of cure, where continued performance would be unlawful, or where immediate termination is reasonably necessary because of fraud, security risk, deliberate abuse, or serious Meta/WhatsApp policy violations.

12.7 Insolvency

Either party may terminate this Agreement if the other party becomes subject to insolvency, liquidation, bankruptcy, receivership, winding-up, or similar proceedings, to the extent termination is permitted by applicable law.

12.8 Termination Because of Geeklabs Software Private Limited Uncured Material Breach

If the Customer validly terminates this Agreement because Geeklabs has materially breached the Agreement and failed to cure the breach within the applicable cure period, Geeklabs will, to the extent required by applicable law and where appropriate, refund prepaid Supermessage Fees covering the unused portion of the affected paid subscription period following the effective termination date.

12.9 Customer Breach

Where Geeklabs terminates this Agreement because of the Customer’s material breach, the Customer remains responsible for all Fees accrued or otherwise payable before the effective termination date and any other committed Fees that are validly payable under the Customer’s applicable subscription or order form.

Termination does not create a refund entitlement.

12.10 Survival

Sections which by their nature should survive termination will survive, including provisions concerning:

ownership and intellectual property;
payment obligations;
Customer Data rights required for post-termination processing;
disclaimers;
limitation of liability;
indemnification;
governing law and jurisdiction; and
general contractual provisions.

13. Governing Law and Jurisdiction

This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, Supermessage, or the Customer’s use of the Service will be governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.

Subject to applicable law, the courts of competent jurisdiction in Mumbai, Maharashtra, India shall have exclusive jurisdiction over disputes arising out of or relating to this Agreement or the Service.

Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where such relief is legally available.

14. General Terms

14.1 Entire Agreement

These Terms, together with any applicable order form, pricing terms, Privacy Policy, and policies expressly incorporated into this Agreement constitute the agreement between Geeklabs and the Customer concerning the Service. A Data Processing Addendum may be introduced in the future and, once made available or separately agreed with the Customer, will apply where applicable.

If a separately signed written order form expressly conflicts with these Terms, the signed order form will control to the extent of that conflict.

14.2 Assignment

The Customer may not assign or transfer this Agreement without Geeklabs prior written consent.

Geeklabs may assign this Agreement in connection with a merger, acquisition, corporate restructuring, sale of substantially all relevant assets, or transfer of the Supermessage business, provided that such assignment does not materially reduce the Customer’s rights under this Agreement.

14.3 Independent Parties

The parties are independent contractors.

Nothing in this Agreement creates a partnership, joint venture, franchise, fiduciary, agency, employment, or other similar relationship between Geeklabs and the Customer.

14.4 No Meta/WhatsApp Agency

Geeklabs is independent from Meta/WhatsApp.

Nothing in this Agreement authorizes the Customer to represent that Geeklabs controls Meta/WhatsApp or that Geeklabs can bind Meta/WhatsApp.

Use of the official WhatsApp Cloud API does not mean that Geeklabs controls Meta/WhatsApp’s policies, approvals, pricing, enforcement decisions, or services.

14.5 Force Majeure

Neither party will be liable for delay or failure to perform an obligation, other than payment obligations, to the extent caused by circumstances beyond its reasonable control, including:

natural disasters;
fire;
flood;
epidemic or pandemic;
war;
terrorism;
civil unrest;
labour disruption;
governmental action;
internet or telecommunications failures;
utility failures;
widespread cybersecurity incidents;
cloud infrastructure outages; or
material failures or restrictions affecting Meta/WhatsApp or other essential third-party services.

The affected party will use commercially reasonable efforts to mitigate the impact.

14.6 Severability

If any provision of this Agreement is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent legally permissible and the remaining provisions will remain in effect.

14.7 Waiver

Failure or delay by either party to enforce a provision of this Agreement does not waive the right to enforce that provision later.

A waiver is effective only for the specific matter for which it is given.

14.8 Notices

Legal or contractual notices to Geeklabs may be sent by email to support@supermessage.ai.

Geeklabs may send notices to the email address associated with the Customer’s Supermessage account or through the Service.

The Customer is responsible for keeping its contact details current.

14.9 Electronic Communications

The Customer agrees that agreements, notices, disclosures, invoices, and other communications relating to Supermessage may be provided electronically, subject to applicable law.

14.10 Headings

Section headings are included for convenience and do not affect interpretation of this Agreement.

15. Contact

Questions about these Terms or Supermessage may be sent to:

Email: support@supermessage.ai
Product: Supermessage
Website: supermessage.ai