Terms and Conditions

“Cunnekt” by Brainpulse Technologies Pvt Ltd shall hereinafter, be used for referring to Cunnekt Website and sub-pages having its addresses as cunnekt.com, and the mobile application having its name as Cunnekt while including and accommodating all its versions and variations.

Any person (hereinafter referred to as the “User” or “you” or “your” or “client”) accessing, downloading, and using Cunnekt and its services shall be bound by these Terms and Conditions (hereinafter referred to as “Terms and Conditions”), Privacy Policy and all other rules, regulations, and terms of use which shall be mentioned herein or provided by Cunnekt in relation to any Contest.

Cunnekt reserves the right to modify these Terms and Conditions at any time. For material changes (including changes to fees, data usage, or user rights), Cunnekt will provide at least fifteen (15) days’ prior notice via email to the registered account address or via a prominent notice on the platform. Your continued use of the platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use and may cancel your subscription in accordance with the Refund and Cancellation Policy.

1. Service

1. To register/sign up on Cunnekt, the User(s) need to provide Cunnekt with personal data comprising of a. Full Name b. Email Address c. Personal Whatsapp Number d. Organization Name e. Website f. Password. You can register/sign up via OTP verification through your Mobile Number/Email address.
2. You agree that the basic information, personally identifiable information, provided by you is true, complete, and accurate, and agree not to submit any particulars which are false or any information to which you do not have any right or authority to provide. You are solely responsible for safeguarding your account and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions that were taken under your password, irrespective of whether you have authorized such activities or actions. You will immediately notify Cunnekt of any unauthorized use of your password or your account, upon becoming aware of any such discrepancy. Without limiting any other terms of these Terms and Conditions, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
3. User(s) acknowledge and agree that the personal data provided to Cunnekt will be used, processed, and stored for purposes relating to the proper usage of the platform. Any use of such information provided by the User to the Cunnekt is subject to the User’s understanding and acceptance of Cunnekt’s Privacy Policy, available at cunnekt.com/privacy-policy.html.
4. You agree to use all the Services, in accordance with the applicable laws, rules, and regulations, or any other specific restrictions on the use of the Service or content therein.
5. Cunnekt is committed to safeguarding that it is as useful and efficient as possible. For that reason, Cunnekt reserves the right to make changes to the application or website for maintenance at any time. If such situations cause an interruption of paid-for Services for a reasonable duration, Cunnekt shall not bear any liability to you and/or to any third parties. Cunnekt will make attempts on a best-efforts basis to let you beware of any scheduled maintenance to such extent as is possible. Additionally, Cunnekt shall be entitled to modify these Terms and Conditions, rules, and regulations referred to herein, at any time, by duly posting the same on Cunnekt.
6. Users consent to receiving communications such as announcements, administrative messages, and advertisements from Cunnekt and/or any of its affiliates, subsidiaries, associates, licensors, and partners via communication mediums available including but not limited to WhatsApp, RCS, SMS, & email.

2. Acceptable Usage Policy

By accessing and using Cunnekt, Users agree to use the platform solely for lawful business communication purposes and in strict compliance with this Acceptable Use Policy.

Users shall NOT use Cunnekt to:

1. Send unsolicited bulk messages, spam, or any communication to recipients who have not provided prior, explicit consent to receive messages from the User.
2. Transmit phishing, fraudulent, deceptive, misleading, or impersonating content.
3. Promote, advertise, or facilitate illegal products, services, or activities, including but not limited to unlicensed financial services, controlled substances, illegal gambling, or weapons.
4. Send content that is defamatory, harassing, abusive, hateful, discriminatory, obscene, sexually explicit, or otherwise objectionable.
5. Misuse WhatsApp message template categories — including using OTP/authentication templates for promotional messaging, or utility templates for unsolicited outreach.
6. Resell, sublicense, or commercially redistribute access to the Cunnekt platform or WhatsApp API access to any third party without prior written approval from Cunnekt.
7. Attempt to reverse-engineer, decompile, scrape, or extract data from the platform or the underlying WhatsApp API infrastructure.
8. Use automated bots, scripts, or tools to generate artificial traffic, fake engagements, or circumvent platform limits.
9. Violate any applicable law, rule, regulation, or guideline of any competent authority including Meta/WhatsApp platform policies.

Cunnekt reserves the right to investigate any suspected violation of this Policy and to take immediate action including account suspension or termination, reporting to authorities, and seeking damages, without prior notice.

3. WhatsApp/Meta Platform Compliance Obligations

Cunnekt provides access to WhatsApp Business API services as a Technical Service Provider (TSP) operating under Meta’s platform policies. Users acknowledge and agree to the following:

3.1 User’s Compliance Obligation

1. Users shall at all times comply with Meta’s WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, WhatsApp Business Terms of Service, and all applicable template, content, and messaging rules as updated by Meta from time to time.
2. Users are solely responsible for ensuring that all messages, templates, and communications transmitted through Cunnekt are lawful, consent-based, accurately categorised (marketing / utility / authentication / service), and compliant with all applicable laws including the Information Technology Act 2000 and rules thereunder.

3.2 User Consent & Opt-Out

1. Users must obtain prior explicit opt-in consent from all end-recipients before initiating any WhatsApp communication.
2. Users must provide clear and immediate opt-out mechanisms in all outbound communications and must honour opt-out requests without delay.
3. Users must maintain verifiable records of all consents and opt-outs for a period of not less than three (3) years and must make such records available to Cunnekt upon request.

3.3 Consequences of Meta Action

1. If Meta/WhatsApp suspends, restricts, or terminates a User’s WhatsApp Business Account (WABA) or phone number due to policy violations by the User, Cunnekt shall have the right to immediately suspend or terminate the User’s account on the Cunnekt platform.
2. Cunnekt shall not be liable for any loss of service, revenue, or data arising from Meta-imposed restrictions or account actions resulting from the User’s conduct or messaging practices.
3. Any penalties, fines, or damages imposed by Meta/WhatsApp on Cunnekt due to a User’s violation of Meta’s policies shall be fully recoverable from the User, and the User hereby agrees to indemnify Cunnekt for such amounts.

4. License and Usage

1. During the Term, in consideration of payment of the Fees by the User to Cunnekt and subject to the terms and conditions herein, the Company grants to the Client, a limited, non-exclusive, personal, revocable, non-transferable, and non-licensable license to access and use the Solution on a subscription basis, in accordance with these Terms of Use. Nothing contained herein shall be construed as creating any arrangement for transfer of title, ownership, or interest including rights under any Intellectual Property in or of the Solution in favor of the Client.
2. The user consents to provide all information, as required, for enabling services included and/or not included in the platform subscription. Delay
3. ‍The User acknowledges and agrees that the Solution provided under these Terms of Use, during the Term is non-exclusive in nature and Cunnekt shall be entitled, at all times, to deal with the Solution in any manner it deems fit which includes the provision of services using the Solution by itself or any variation, Updates or Upgrades through any third party, from time to time. At any time, the Solution shall include all modifications, Updates, future or new Upgrades, and additions, at the sole discretion of the Company. It is hereby clarified that the User’s continued use of the Solution pursuant to any such Updates and Upgrades will be considered deemed acceptance of such Updates and Upgrades. ‍

5. Fees and Payment

Subscription Fee: Usage of the Cunnekt platform is subject to monthly subscription fees which shall commence from the Subscription start date. Subscription fees are non-refundable.

Conversation Fees: User(s) will also be liable to pay Conversation Fees in addition to the subscription fee in case the monthly usage is above the allowed limit in the subscription plan. Conversation Fees billing is prepaid.

1. In case of late payment amounting to more than a correct monthly fee or other material breaches of User, Cunnekt is entitled to suspend the Service(s) until the breach is rectified, or to terminate the Agreement. Remuneration claims of Cunnekt during the suspension period remain unaffected. Furthermore, Cunnekt shall be entitled to claim late payment interest in accordance with applicable laws.
2. Where the parties have agreed that third-party costs will be passed on to Partner directly, price changes of such third parties will be passed on to Partner upon their effective date.
3. Each Party shall be responsible for and pay its own income taxes, sales, and use taxes, value-added taxes, and any other taxes, license or registration fees, duties, and other similar assessments or charges levied or imposed by any jurisdiction as a result of the execution of this Agreement, the performance of any obligations under this Agreement or the transfer of any property, rights or any other grant under the terms of this Agreement.

With respect to any payment made on Cunnekt, not limited to making payment for Subscription fees and Conversation Fees, Users agree to be bound by the following payment terms:

1. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
2. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
3. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
4. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present Terms and Conditions, the additional terms and conditions shall prevail.

6. Refund and Cancellation Policy

6.1 Subscription Plan Fees — Non-Refundable Conditions

Subscription plan fees are non-refundable once any of the following conditions are met:

1. The User’s WhatsApp Business number has been onboarded or the onboarding process has been initiated on the Cunnekt platform.
2. Custom development, configuration, or integration work has been commenced by Cunnekt on behalf of the User.
3. The User has accessed and used the platform’s core features for any duration within the billing cycle.

By subscribing to a plan, the User acknowledges and agrees that the above conditions trigger non-refundability, regardless of whether the full billing period has elapsed.

6.2 WhatsApp Conversation Credits — Non-Refundable

All WhatsApp conversation credits purchased or allocated as part of a plan or as a standalone top-up are strictly non-refundable, whether used or unused. Credits are consumed based on actual WhatsApp API usage and once purchased, cannot be reversed, transferred, or carried forward beyond their validity period.

6.3 Refunds for Platform Issues — Cunnekt’s Discretion

A refund request may be considered only where a verified technical issue on the Cunnekt platform has materially prevented the User from accessing or using the services effectively. The following conditions apply:

1. The issue must be specific to the Cunnekt platform and within Cunnekt’s control. Issues arising from Meta/WhatsApp infrastructure, API outages, template rejections, account restrictions imposed by Meta, internet connectivity, third-party integrations, or any other external channel or service provider are explicitly excluded from refund eligibility.
2. The User must report the issue to Cunnekt’s support team promptly and in writing, providing sufficient detail to allow investigation.
3. Cunnekt will investigate all such requests and may, at its sole and absolute discretion, offer a partial or full refund, or a service credit, based on the nature, duration, and impact of the issue. Cunnekt’s determination on the quantum and eligibility of any refund shall be final and binding.

6.4 Account Security — Two-Factor Authentication

Cunnekt provides Two-Factor Authentication (2FA) as a security measure for all user accounts. By enabling or being offered 2FA, the User is responsible for safeguarding their authentication credentials, registered mobile number, and email access. Cunnekt shall not be liable for any unauthorized access, data loss, misuse, or financial loss arising from the leakage, compromise, or sharing of login credentials or authentication codes from the User’s side. Any unauthorized usage resulting from a breach on the User’s end is entirely the User’s responsibility.

6.5Cancellation Policy

The User may cancel their subscription at any time by logging into their account or by contacting their assigned relationship manager. Upon cancellation:

1. The cancellation will take effect at the end of the current billing cycle. The User will continue to have access to the platform until that date.
2. No refund will be issued for the remaining unused portion of the current billing period.
3. In exceptional circumstances, a refund for the unused period may be considered on a case-by-case basis at Cunnekt’s sole discretion. Such requests must be submitted in writing with supporting reasons, and Cunnekt’s decision shall be final.

6.7Refund Requests

All refund-related queries, requests, and disputes must be directed to: info@cunnekt.com
Cunnekt will acknowledge refund requests within 2 business days and aim to resolve them within 15 business days of receiving all required information.

7. Account Suspension & Termination

7.1 Suspension by Cunnekt

Cunnekt reserves the right to suspend a User’s account immediately and without prior notice upon the occurrence of any of the following:

1. Non-payment of any subscription or Conversation Fees beyond the due date.
2. Violation of the Acceptable Use Policy or WhatsApp/Meta Compliance obligations set out herein.
3. Suspension or restriction of the User’s WABA account by Meta/WhatsApp for any reason.
4. Reasonable suspicion of fraud, abuse, spam, illegal activity, or misuse of the platform.
5. Any regulatory direction or court order requiring suspension.

7.2 Termination by Cunnekt

Cunnekt may terminate a User’s account with fifteen (15) days’ written notice for convenience, or immediately and without notice for:

1. A material or repeated breach of these Terms that is not remedied within seven (7) days of written notice from Cunnekt.
2. Any situation where continued operation of the account would expose Cunnekt to legal, regulatory, or reputational risk.

7.3 Termination by User

Users may terminate their subscription at any time in accordance with the Refund and Cancellation Policy. Termination does not release the User from any outstanding payment obligations.

7.4 Effect of Termination

1. Upon termination, all licenses granted to the User shall immediately cease.
2. Cunnekt will retain User data for thirty (30) days post-termination, after which it may be permanently deleted in accordance with the Data Retention Policy below.
3. All outstanding fees shall become immediately due and payable upon termination.
4. Clauses relating to indemnity, limitation of liability, governing law, and confidentiality shall survive termination.

8. Data Retention & Deletion

8.1 Retention During Subscription

Cunnekt retains User account data, usage logs, and message metadata for as long as the User’s subscription is active and for such period thereafter as is required to comply with applicable law, resolve disputes, and enforce agreements.

8.2 Retention Post-Termination

Upon termination or expiry of a User’s subscription, Cunnekt will retain the User’s data for a period of thirty (30) days to allow the User to export any required records. After this period, Cunnekt may permanently delete all User data unless retention is required by applicable law or ongoing legal proceedings.

8.3 User Rights

1. Users may request access to, correction of, or deletion of their personal data by contacting Cunnekt at the contact details specified in the Grievance Officer section below.
2. Cunnekt will respond to data access or deletion requests within thirty (30) days in accordance with the Digital Personal Data Protection Act, 2023 and applicable rules.
3. Certain data may be retained notwithstanding a deletion request where retention is required by law (e.g., GST records, audit trails).

8.4 End-Customer Data

Users are solely responsible for the personal data of their own end-customers processed through the Cunnekt platform. Users must ensure that such processing is compliant with applicable data protection laws and that appropriate consents have been obtained from their end-customers.

9. Intellectual Property

1. Users acknowledge that all copyright, trademarks, and other intellectual property rights in and related to the Services are owned by or licensed to Cunnekt. Users must not copy, distribute, make available to the public or create any derivative work from any content belonging to Cunnekt. Cunnekt respects the intellectual property rights of others and expects Users to do the same.
2. Users agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Cunnekt. By uploading, transmitting, importing, or otherwise providing for the purpose of the Service, any information, files, etc., you represent that you authorize the Cunnekt to use, modify or re-use unconditionally for commercial or non-commercial purposes.
3. If Users or any third party believe that their content has been copied in a way that constitutes copyright infringement, they shall provide Cunnekt with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material; (iv) contact information, including address, telephone number, and an email address; (v) a statement that such User or third party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that such User or third party is authorized to act on behalf of the copyright owner.
4. According to the provisions set on these Terms of Use, all rights, titles, and interests in and to the Services are and will remain the exclusive property of Cunnekt and its licensors. Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives Users any right to use the Cunnekt name or any of the Cunnekt trademarks, logos, domain names, properties, and other distinctive brand features, without the prior written consent of Cunnekt.
5. Cunnekt reserves the right to remove content alleged to be infringing without prior notice, at its sole discretion, and without any liability.

10. Limitation of Liability

1. By using the service(s), each User agrees and acknowledges that neither Cunnekt nor their respective affiliates, subsidiaries, representatives, advertisers, and publicity agencies are in any way responsible or liable for any damages, loss, or injury. To the maximum extent permitted by applicable law, Cunnekt will not be liable in any way for any loss or damage suffered by you through the use of or access to Cunnekt, or Cunnekt’s failure to provide the platform. To the maximum extent permitted by applicable law, Cunnekt’s total aggregate liability to any User, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by that User to Cunnekt in the one (1) calendar months immediately preceding the event giving rise to the claim. This cap applies regardless of the form or nature of the claim and even if Cunnekt has been advised of the possibility of such damages. Nothing in this clause shall limit Cunnekt’s liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, to the extent such limitation is prohibited by applicable law.
2. To the extent permitted under applicable law, Cunnekt shall not be responsible for any harm resulting from downloading or accessing any information or material, products, or sites. Cunnekt does not provide any warranty as to the content on Cunnekt. Cunnekt content is distributed on an “as is, as available” basis.
3. User would be solely responsible for lost, incomplete, incorrect, damaged, delayed, or misdirected applications. Any material accessed, downloaded, or otherwise obtained through Cunnekt is done at the User’s discretion, competence, acceptance, and risk, and the User will be solely responsible for any potential damage to the User’s computer system or loss of data that results from a User’s download of any such material.
4. Cunnekt will make best endeavors to ensure that Cunnekt is error-free and secure, however, neither Cunnekt nor any of its partners, licensors, or associates makes any warranty that the: a. Cunnekt will meet Users’ requirements; b. Cunnekt will be uninterrupted, timely, secure, or error-free; c. results that may be obtained from the use of Cunnekt will be accurate or reliable; and d. quality of any products, services, information, or other material that Users purchase or obtain through the website will meet Users’ expectations.
5. To the extent permitted under applicable law, neither Cunnekt nor its partners, licensors, or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use Cunnekt’s sites, even if Cunnekt has been advised of the possibility of such damages. Any services being hosted or provided, or intended to be hosted on Cunnekt and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed canceled or terminated if such permission or authority is either not obtained or denied either before or after the availability of the relevant services are hosted or provided.
6. To the extent permitted under the applicable law, in the event of suspension or closure of any services, User(s) shall not be entitled to make any demands, or claims, of any nature whatsoever. However, Users agree to indemnify Cunnekt for any erroneous credit to their Cunnekt Account which is more than what they are rightfully entitled to.
7. User(s) are strictly prohibited from engaging in a derogatory manner on Cunnekt with other User(s) or Cunnekt’s licensor, employee, staff, or any other entity.
8. The Users agree to indemnify and hold harmless Cunnekt, its directors, employees, affiliates and assigns against all costs, damages, loss, and harm including towards litigation costs and counsel fees (if any), in respect of any third party or statutory claims that may be initiated due to any form of illegal activity or modification or abuse or exploitation of Cunnekt or its Services by the User.

11. Client Indemnity

The User agrees to indemnify, defend, and hold harmless Cunnekt, its directors, employees, officers, agents, and affiliates from and against any and all losses, claims, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

1. Any violation by the User of WhatsApp/Meta platform policies, guidelines, or terms of service.
2. Any regulatory or statutory action, notice, penalty, or investigation arising from the User’s messaging practices, content, or conduct on the platform.
3. Any third-party claim made by the User’s end-customers or recipients relating to messages sent through Cunnekt.
4. Any spam, phishing, fraudulent, illegal, or non-compliant activity conducted by the User or the User’s customers, agents, or employees using the platform.
5. Any Meta-imposed penalty, restriction, or ban on Cunnekt’s TSP account caused by the User’s actions.
6. Any breach of the User’s obligation to obtain and maintain valid user consents.

This indemnity obligation shall survive the termination or expiry of these Terms.

12. Trademark License

1. Subject to the Client’s express written consent (which may be provided via email or a checkbox during onboarding), Cunnekt may use the Client’s trade name, logo, and brand identifiers solely to identify the Client as a customer of Cunnekt in marketing materials, website listings, and case studies. Any such use shall be in accordance with the Client’s reasonable branding guidelines. The Client may withdraw this consent at any time by providing written notice to Cunnekt, following which Cunnekt shall cease all such use within fifteen (15) business days. No such consent shall be implied from acceptance of these Terms alone.

13. Third-Party Website & Content

1. You understand and agree that Cunnekt, or communication by Cunnekt via email and/or your account, may contain links to other Internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. Cunnekt does not exercise control over any internet sites apart from its own, and has not reviewed, and does not review, all the material, including goods or services, made available through third-party sites, and thus cannot be held responsible for any content residing in any third-party internet site. Cunnekt, therefore, urges you to kindly make an informed choice in interacting with such third-party sites and ensure that you are familiar with the policies of such sites before you proceed with engaging with such third-party sites.
2. The availability of these links on Cunnekt does not represent, warrant, or imply that Cunnekt endorses any third-party sites or any materials, opinions, goods, or services available on them. Third-party materials accessed through or used by means of third-party sites may also be protected by copyright and other intellectual property laws.
3. User’s correspondence, transactions/offers, or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. User’s correspondence, transactions, and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Cunnekt will not be held responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

14. Governing Law, Arbitration, and Jurisdiction

These Terms shall be governed by the laws of India. Any dispute arising out of or relating to these Terms that cannot be resolved by negotiation within thirty (30) days shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. The seat of arbitration shall be New Delhi, and proceedings shall be in English. The arbitral award shall be final and binding. Nothing herein prevents either party from seeking urgent interim relief from a court of competent jurisdiction.