Terms of Service

These Terms of Service (the “Terms”) are an agreement between Truestock Private Limited, a company incorporated in India that operates TrueEngage (“TrueEngage”, “we”, “us”), and the organisation that creates an account or signs an order form (the “Customer”, “you”).

The Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it. They do not need a physical or digital signature. By creating an account, ticking the acceptance box at signup, or using the Services, you accept these Terms on behalf of your organisation and confirm that you have the authority to do so.

If you and we sign an order form or master agreement, its terms prevail over these Terms where the two conflict. The Data Processing Addendum, Acceptable Use Policy and, on the Scale plan, the Service Level Agreement form part of these Terms.

• Services: the TrueEngage console, APIs, SDKs (web, Android, iOS and Flutter), documentation and related support.
• Customer Data: data you or your apps send to the Services, including profiles, events, device tokens, templates and message content.
• End Users: your customers and other individuals whose data you send to the Services or who receive messages you send through them.
• Authorised Users: your employees and contractors to whom you give console or API access.
• Channel Providers: third-party delivery services you connect, such as push services, SMS gateways, WhatsApp Business Solution Providers, email services and RCS providers.
• MAU: monthly active users, as defined on the pricing page.

The Services are for businesses, not for personal or household use. Each Authorised User must be at least 18 years old and able to enter into a binding contract under Indian law.

You are responsible for everything done under your account. Keep credentials and API keys confidential, enable two-factor authentication for every Authorised User, and assign roles that give each person only the access they need. Tell us promptly at security@true-engage.com if you suspect unauthorised access.

The registration details you give us, including your organisation’s legal name, billing address and GSTIN where applicable, must be accurate and kept up to date.

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right during the subscription term to use the Services for your internal business purposes, and to embed our SDKs in your own apps and websites for that purpose.

You will not, and will not let anyone else:

• resell, rent or offer the Services to third parties as a hosted service, except as part of your own product;
• copy, modify or create derivative works of the Services, or decompile or reverse engineer them except to the extent the law expressly allows;
• access the Services to build a competing product, or benchmark them for publication without our written consent;
• bypass rate limits, quotas, environment separation or any security control;
• use the Services in breach of the Acceptable Use Policy or applicable law.

Messages are delivered through Channel Providers that you choose and connect with your own credentials. Your relationship with each Channel Provider is governed by your agreement with it, and you pay it directly for delivery. We are not responsible for a Channel Provider’s availability, pricing, filtering, delivery decisions or account actions.

You are solely responsible for the lawfulness of the messages you send, including:

• registering your entity, sender IDs (headers), content templates and consent templates on a Distributed Ledger Technology (DLT) platform under the Telecom Commercial Communications Customer Preference Regulations, 2018, and honouring End User preferences and DND registrations;
• WhatsApp Business messaging policies, including opt-in and template approval;
• email sender requirements, including a working unsubscribe link and authenticated sending domains;
• obtaining and recording any consent required under the Digital Personal Data Protection Act, 2023 before you message an End User.

You own Customer Data. You grant us a limited licence to host, process and transmit it only as needed to provide, secure and support the Services and as described in the Data Processing Addendum.

For personal data of End Users you are the Data Fiduciary and we are your Data Processor under the Digital Personal Data Protection Act, 2023. You are responsible for having a lawful basis, giving notices, handling End User requests, and not sending us data that you are not permitted to share.

Customer Data is stored in the data region you select at signup. Today that region is India. We will not move stored Customer Data out of your selected region without your instruction, except as described in the Data Processing Addendum.

We may use aggregated, de-identified information about how the Services perform (for example, delivery latency or error rates) to operate and improve them. Such information never identifies you or any End User.

Our handling of personal data about you and your Authorised Users is described in our Privacy Policy.

Plans, quotas and prices are shown on the pricing page or in your order form. Organisations billed in India are invoiced in Indian Rupees; organisations billed outside India are invoiced in US Dollars.

• Fees are payable in advance for each monthly or yearly billing period and are exclusive of taxes. Goods and Services Tax (GST) at the applicable rate is added to invoices for Indian customers. Provide your GSTIN before the invoice is raised if you want to claim input tax credit.
• If you deduct tax at source under the Income-tax Act, send us the TDS certificate within the statutory time so we can claim credit; otherwise the deducted amount remains payable.
• If your MAU exceeds your plan’s quota for two consecutive months, we will ask you to move to a plan that fits. We do not charge overage without telling you first.
• Invoices are due within 15 days unless your order form says otherwise. If an undisputed amount is more than 30 days overdue, we may suspend the Services after giving you at least 7 days’ written notice.
• We may change list prices with at least 30 days’ notice. Changes apply from your next renewal, never in the middle of a paid term.

Cancellations and refunds are covered by our Refund and Cancellation Policy.

We and our licensors own the Services, including all software, designs, documentation and improvements, and the TrueEngage name and marks. Nothing in these Terms transfers that ownership to you.

If you send us suggestions or feedback, we may use them without restriction or payment.

With your permission, we may name your organisation and show your logo as a customer. You can withdraw that permission at any time by writing to legal@true-engage.com.

Each party will protect the other’s non-public business, technical and financial information with at least reasonable care, use it only to perform under these Terms, and share it only with personnel and advisers who need to know and are bound by similar duties.

These duties do not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed, or is lawfully received from a third party. A party may disclose information when required by law, a court or a government authority, after giving the other party notice where the law allows.

We will provide the Services with reasonable skill and care, in line with the documentation, and maintain the safeguards described on our Security page.

Except as expressly stated in these Terms, the Services are provided “as is” and “as available”. To the extent permitted by law, we disclaim all other warranties, express or implied, including fitness for a particular purpose. We do not guarantee that any message will be delivered, opened or acted on, or that analytics and estimates shown in the console will match figures in other systems. See also our Disclaimer.

You will defend and indemnify Truestock Private Limited and its officers and employees against third-party claims, regulatory penalties and reasonable costs arising from Customer Data, the content or targeting of messages you send, your breach of the Acceptable Use Policy, or your failure to obtain a consent or registration required by law.

We will defend you against a third-party claim that the Services, as provided by us, infringe that party’s intellectual property rights in India, and pay any damages finally awarded. If such a claim arises we may modify the Services, obtain a licence, or end the affected Service and refund prepaid fees for the unused period. This does not apply to claims caused by Customer Data, Channel Providers, or use in combination with anything we did not provide.

Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data, even if advised that such loss was possible.

Each party’s total liability arising out of or relating to these Terms is limited to the fees paid and payable by you to us in the 12 months before the event giving rise to the claim. For the Starter plan, which is free, our total liability is limited to INR 10,000.

These limits do not apply to your payment obligations, your indemnity obligations, a party’s breach of confidentiality, or liability that cannot be limited under Indian law.

These Terms apply from the day you accept them until your subscription ends. Paid subscriptions renew automatically for the same billing period unless cancelled before renewal from the console or by writing to billing@true-engage.com.

We may suspend access immediately and without liability if your use poses a security risk, breaches the Acceptable Use Policy, or is required to be stopped by law or a government authority. We will tell you why and restore access once the cause is resolved.

Either party may terminate for material breach that is not cured within 30 days of written notice. On termination you may export Customer Data for 30 days, after which we delete it as set out in the Data Processing Addendum, except where retention is required by law.

These Terms are governed by the laws of India.

The parties will first try to resolve any dispute through good-faith discussion between senior representatives for 30 days. If that fails, the dispute will be referred to arbitration by a sole arbitrator appointed by mutual agreement under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration is Bengaluru, Karnataka, and the language is English.

Subject to arbitration, the courts at Bengaluru, Karnataka have exclusive jurisdiction. Either party may seek urgent interim relief from those courts at any time.

• Changes. We may update these Terms. For material changes we will give at least 30 days’ notice by email or in the console. Continued use after the effective date means you accept the update.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including natural disasters, epidemics, war, government orders, power or network failures, and outages of Channel Providers or cloud providers. Payment obligations are not excused.
• Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger or sale of substantially all of its business.
• Notices. Legal notices to us go to legal@true-engage.com. Notices to you go to your account owner’s email address.
• Entire agreement. These Terms, with the documents they reference and any order form, are the entire agreement on their subject. If a provision is unenforceable, the rest stays in effect. A failure to enforce a right is not a waiver.