Legal

Terms & Conditions

Last updated: May 27, 2026

Welcome to NY Digital. These Terms & Conditions govern your use of the website located at https://nydigital.co.in and our WhatsApp CMS software platform (the "Platform"). By accessing the website or using the Platform, you agree to comply with and be bound by these Terms & Conditions. If you do not agree, please do not use our services.

1. Usage of WhatsApp CMS

The Platform provides bulk broadcasting, message templates, scheduling, and multi-agent customer inbox capabilities via the WhatsApp Business API. To use the Platform, you must:

  • Be at least 18 years of age and hold a valid business registration in your operating jurisdiction.
  • Provide accurate account registration details and maintain the security of your login credentials and connected API tokens.
  • Have an official WhatsApp Business Account (WABA) connected via Meta's developer API.

2. Subscription Billing & Meta API Fees

Our service fee structure is divided into two distinct components:

  • Platform Subscription: You pay a flat monthly subscription fee to NY Digital (Starter, Growth, or Enterprise) to access the software platform. This fee is billed in advance and is non-refundable.
  • WhatsApp Message Delivery Charges: All per-message delivery costs are determined directly by Meta Platforms, Inc. (based on categories: Marketing, Utility, Authentication, and Service). These fees are paid by you directly to your API provider / Meta billing account. NY Digital does not mark up, collect, or invoice you for message delivery costs.

3. Compliance & Acceptable Use Policy

As a condition of using our WhatsApp CMS, you agree to maintain 100% compliance with WhatsApp's policies. Failure to comply will result in immediate termination of your access:

  • Opt-In Requirement: You must obtain active, verifiable consent (opt-in) from recipients before sending them broadcasts or marketing template messages.
  • No Spamming: You are strictly prohibited from using the platform to send unsolicited marketing messages, bulk spam, or messages containing prohibited content (e.g., adult content, illegal substances, gambling) as defined in the WhatsApp Commerce Policy.
  • Meta Policies: You must comply with the Meta Developer Policies and WhatsApp Business Policy at all times.

4. Limitation of Liability & Account Bans

Meta/WhatsApp enforces automated quality metrics for phone numbers. If your broadcast campaigns receive high user block rates or report rates, Meta may rate-limit, restrict, or permanently ban your WhatsApp Business API number. NY Digital is not responsible or liable for any suspension, block, or permanent ban of your WhatsApp numbers by Meta due to policy violations. No refunds of platform subscription fees will be provided in the event of a WhatsApp-enforced ban.

Under no circumstances shall NY Digital be liable for any direct, indirect, incidental, or consequential damages (including loss of profits, business disruption, or loss of communication records) arising from the use or inability to use the Platform.

5. Intellectual Property

All intellectual property rights in the software, dashboard, website layout, database designs, branding, and code belong exclusively to NY Digital. You are granted a limited, revocable, non-transferable license to access the dashboard for your internal business operations during the active subscription period.

6. Suspension and Termination

We reserve the right to suspend or terminate your account immediately, without prior notice or refund, if we suspect you are violating our compliance terms, engaging in spam activities, or failing to pay the monthly subscription fees. You may cancel your subscription at any time via your billing dashboard; cancelation will take effect at the end of the current billing cycle.

7. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of India. Any disputes arising out of or related to these terms shall be subject to the exclusive jurisdiction of the courts located in Navi Mumbai/Mumbai, Maharashtra, India.

8. Contact Us

If you have any questions about these Terms & Conditions, please contact us at:

NY Digital
Navi Mumbai, Maharashtra, India
Email: hello@nydigital.co.in
Phone: +91 90763 30330