Terms and Conditions

1. The service

Clikgen is a cloud-based customer relationship management platform. It provides, among other modules, a WhatsApp Business Platform integration, bulk messaging and broadcast tooling, email campaign delivery, cloud telephony and call recording, AI conversation agents, lead capture forms, a sales pipeline, quotations, case management, reporting, a business-listing lead scraper and a developer API.

We provide the software. We do not provide the underlying messaging, telephony, email delivery, artificial-intelligence inference or mapping services — those are supplied by third parties under your own accounts and their own terms, as described in section 6.

We may add, modify or remove features. Where a change materially reduces core functionality you rely on, we will give at least 30 days' notice by email and in the product.

2. Early access and the free period

The platform is currently offered under an early-access programme at no subscription cost. This is a genuine offer with the following specific terms:

• No subscription fee is payable to us during the early-access period, and no payment method is required to create a workspace.
• All modules are enabled with no seat limit and no artificial usage cap, subject to the fair-use provisions in section 5.
• We will give at least 30 days' written notice before the early-access period ends or before any subscription charge would apply to your workspace.
• You will never be charged automatically. Any transition to a paid plan requires your explicit opt-in.
• If you choose not to continue, you may export all of your data (section 8) and your workspace will be closed without penalty.
• Early-access workspaces may receive preferential pricing when paid plans launch, at our discretion.

Early-access software may contain defects and is provided without the service-level commitments described in our Service Level Agreement unless separately agreed in writing.

3. Your account

You are responsible for the accuracy of the registration information you provide, for maintaining the confidentiality of credentials, and for all activity that occurs under your workspace. You must notify us promptly on WhatsApp on +91 96304 70438 if you believe an account has been compromised.

• You must be at least 18 years old and legally capable of entering a contract.
• You are responsible for the conduct of every user you invite to your workspace, including agents, contractors and administrators.
• You must configure role-based permissions appropriately for your organisation; we cannot assess who inside your business should see which records.
• You must enable two-factor authentication for administrative users where your own policy or regulator requires it.

4. Your data and our role

You retain all right, title and interest in the data you upload, generate or receive through the platform ("Customer Data"). We claim no ownership of it.

In respect of personal data contained in Customer Data, you act as the data controller (or equivalent under your applicable law) and we act as the data processor. We process Customer Data only to provide the service, to comply with law, and on your documented instructions. Our processing commitments are set out in the Data Processing Agreement.

You warrant that you have a lawful basis for every contact record you upload and every message you send through the platform, including any consent required by the WhatsApp Business Messaging Policy, applicable telemarketing law, the GDPR, the Digital Personal Data Protection Act 2023 and equivalent legislation in your jurisdiction.

We do not sell Customer Data, do not use it to train general-purpose models, and do not disclose it to third parties except as described in the Privacy Policy or as required by law.

5. Acceptable use and fair use

Your use of the platform is subject to the Acceptable Use Policy, which is incorporated into these Terms by reference. In summary, you must not use Clikgen to send unsolicited messages to people who have not consented, to harass, defraud or impersonate, to distribute malware, to circumvent platform rate limits or messaging policies, or to process data you have no right to process.

Although the early-access plan does not impose usage caps, we operate fair-use protections against activity that degrades service for other customers — for example sustained automated request volumes far beyond normal interactive use, or bulk operations designed to extract the entire database at speed. Where fair use is exceeded we will contact you before taking any action other than temporary rate limiting.

We may suspend a workspace immediately and without notice where we reasonably believe it is being used for unlawful activity, where it presents a security risk, or where a third-party provider (such as Meta) requires us to do so.

6. Third-party services

The platform connects to services operated by third parties. You contract with those providers directly, you pay them directly, and their terms govern that relationship. These include but are not limited to:

• Meta Platforms, Inc. for the WhatsApp Business Platform, Facebook and Instagram messaging.
• Twilio, Telnyx, Plivo, SignalWire or your own SIP provider for voice calling and numbers.
• Amazon SES, SendGrid, Brevo, Resend, Postmark or your own SMTP server for email delivery.
• OpenAI, Anthropic, Groq, xAI or a custom endpoint for artificial-intelligence features.
• Google LLC for Places, Calendar and Meet functionality.
• Payment processors such as Razorpay or Stripe where you enable payment links.

We do not resell, mark up or take a commission on these services. We are not responsible for their availability, pricing, policy changes, account suspensions or data handling. If Meta restricts or bans your WhatsApp number, or a telephony provider suspends your account, that is a matter between you and that provider — though we will assist with diagnostic information where we can.

7. Intellectual property

The platform, its source code, design, documentation and all associated intellectual property remain the exclusive property of Clikgen and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to access and use the platform for your internal business purposes during the term.

• You may not copy, decompile, reverse-engineer or create derivative works from the platform.
• You may not resell, sublicense or provide the platform as a service to third parties without a written reseller agreement.
• You may not remove or obscure proprietary notices.
• Feedback you provide may be used by us without obligation or compensation, though we will never identify you as its source without permission.

8. Term, termination and data export

These Terms apply from the moment you first access the platform and continue until terminated. You may terminate at any time by closing your workspace or by written notice on WhatsApp on +91 96304 70438. We may terminate for material breach that remains uncured 14 days after written notice, or immediately in the circumstances described in section 5.

On termination for any reason, you may export all Customer Data for a period of 30 days. Export is available in CSV and XLSX format for structured records, as file downloads for attachments and call recordings, and through the REST API. After 30 days we will delete Customer Data from live systems within a further 30 days, and from backups within 90 days, except where retention is required by law.

We will never withhold your data as leverage in a commercial dispute.

9. Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care and in accordance with applicable law. Except as expressly stated in these Terms, and to the maximum extent permitted by law, the platform is provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

Specifically, we do not warrant that message delivery rates, WhatsApp template approvals, quality ratings, call connection rates, email inbox placement, AI output accuracy or lead-scraping result volumes will meet any particular level. These depend on third-party systems and on your own practices.

10. Limitation of liability

Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded.

Subject to that, neither party is liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profit, revenue, goodwill, business opportunity or anticipated savings, however arising.

Our total aggregate liability arising out of or in connection with these Terms is limited to the greater of (a) the total subscription fees you paid us in the 12 months preceding the claim, or (b) where no fees have been paid — as during the early-access period — the sum of ten thousand Indian Rupees (₹10,000).

11. Indemnity

You will indemnify and hold us harmless against claims, damages and reasonable costs arising from (a) your use of the platform in breach of these Terms or the Acceptable Use Policy, (b) messages you send, including any claim that they were unsolicited or unlawful, (c) Customer Data you upload without a lawful basis, and (d) your infringement of a third party's rights.

12. General

• Changes: we may amend these Terms with 30 days' notice for material changes, or immediately for changes required by law. Continued use after the effective date constitutes acceptance.
• Assignment: you may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger or sale of assets.
• Force majeure: neither party is liable for failure caused by events beyond its reasonable control, including third-party platform outages.
• Severability: if any provision is held unenforceable, the remainder continues in force.
• Entire agreement: these Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Agreement and any order form, constitute the entire agreement between the parties.
• Governing law: these Terms are governed by the laws of India, and the courts of Mohali, Punjab have exclusive jurisdiction, without prejudice to mandatory consumer protections in your own jurisdiction.

Questions about these Terms should be sent to us on WhatsApp on +91 96304 70438.