Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern access to and use of Filarity, a billing, inventory, GST-invoicing, and customer-messaging platform operated by us (“Filarity”, “we”, “us”, the “Platform”). By creating an account you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Platform.

2. The Service

The Platform provides GST invoicing, inventory and stock management, purchase and supplier tracking, customer record-keeping, business reporting, and optional integrations with e-commerce platforms (currently Shopify, and Amazon where enabled) and messaging channels (WhatsApp, and the Business’s own email/Instagram). The Platform is offered on a subscription basis with a free trial period, as described at sign-up.

3. Eligibility and Account Registration

• The Platform is intended for use by businesses, not individual consumers. By registering, you represent that you are authorized to bind the business you are registering.
• You must provide accurate registration information and keep your login credentials confidential. You are responsible for all activity under your account, including actions taken by staff accounts you create.
• You must be legally capable of entering into a binding contract in your jurisdiction.

4. Acceptable Use Policy

You agree that you will not, and will not permit any staff member to, use the Platform to:

• Send unsolicited marketing messages, spam, or bulk communications to any recipient who has not opted in.
• Send illegal, fraudulent, deceptive, harassing, threatening, or abusive content of any kind.
• Violate any applicable messaging, telecom, consumer-protection, or data-protection law.
• Impersonate any person or business, or misrepresent your affiliation with any person or business.
• Upload or process personal data you are not lawfully entitled to hold or use.
• Attempt to circumvent, disable, reverse-engineer, or interfere with the Platform’s security or rate-limiting controls.
• Use the Platform to resell messaging or invoicing services to unrelated third parties without our written consent.

Violation of this Section is a material breach of these Terms and grounds for immediate suspension or termination under Section 8.

5. WhatsApp and Messaging Channel Rules

Where you enable WhatsApp, email, or other messaging features, you separately agree to the following, in addition to Section 4:

5.1 Compliance with Meta’s policies

Where messaging is sent via the WhatsApp Business Platform, you must comply with Meta’s WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, and Business Terms of Service, as amended by Meta from time to time. We act solely as a technology provider that relays messages you author, using your own WhatsApp number/account - we are not the sender and do not control your message content or recipient lists.

5.2 Transactional vs. marketing messages

1. Transactional messages (invoices, payment reminders, order updates) may be sent to a customer regarding their own transaction with you.
2. Marketing messages (offers, promotions, campaigns): where required by Meta, marketing and outbound messages must be sent only via pre-approved Meta message templates, and only to recipients who have given prior, verifiable opt-in consent. The Platform may restrict, block, or prevent sending of non-compliant message formats to enforce this requirement.

The 24-hour customer service window.Under Meta’s rules, free-form (non-template) WhatsApp messages may only be sent within 24 hours of the recipient’s last message to you; outside that window, only pre-approved templates may be sent. Outbound campaign messages sent through the Platform use templates precisely for this reason.

Message templates are submitted to and approved by Meta directly, not by us - Meta may reject or removea template at its sole discretion, including for content in restricted categories under its Commerce Policy (e.g. financial services, cryptocurrency, adult content, or other regulated or prohibited goods/services). We are not responsible for Meta’s template approval or rejection decisions, and we may disable sending of a template that Meta flags or rejects.

5.3 Consent is entirely your responsibility

You must obtain explicit, verifiable, and auditable opt-in consent from each recipient before sending any marketing or non-transactional message via WhatsApp or any other messaging channel. You must also provide a clear and functional opt-out mechanism in every applicable communication. Recipients must be able to withdraw consent at any time, and you must honour opt-out requests immediately.

You are solely responsible for obtaining, recording, and honouring consent and opt-outs for every recipient you message through the Platform, on any channel. You confirm that every contact you upload, enter, or sync into the Platform was obtained lawfully and with an appropriate basis to be contacted by you.

The Platform does not independently verify the truth or validity of any consent record you enter. Recording a consent source and wording in the Platform is a tool to help you document consent - it is not proof of consent, and does not shift responsibility for obtaining lawful consent away from you.

5.4 How the Platform enforces this (system-level controls)

The Platform is designed to make the above enforceable rather than purely trust-based. These controls are safeguards that operate alongside - never instead of - your own consent obligations under Section 5.3:

• Opted-out by default. Every customer record starts as not opted in to marketing - including customers created automatically from billing, CSV imports, or e-commerce sync (e.g. Shopify). A customer only becomes a marketing audience after you explicitly record their consent, with its date, source, and wording.
• Consent-gated audiences. The Platform is designed to offer only opted-in recipients as a marketing audience on any channel, and for messages delivered through our servers (the WhatsApp Business API) to re-verify the consent record and the absence of an opt-out server-side at send time.
• Automated opt-out handling.Where you connect the WhatsApp Business API, replies containing common opt-out keywords (such as “STOP”, “unsubscribe”, or “cancel”) are detected automatically and immediately mark the recipient as opted out. Opt-out requests phrased in other languages or wordings may not be detected automatically - you must honour any opt-out request received by any means, and can mark a customer as opted out manually at any time from the customer record.
• Message throughput limits.Bulk sends through the WhatsApp Business API are capped at a fixed number of messages per business per day, enforced on our servers, independent of any limit Meta itself applies to your number’s messaging tier.
• Quality-signal restrictions. We may restrict, pause, or disable messaging capabilities based on complaint rates, recipient blocks or reports, high failure rates, or Meta quality-rating signals associated with your number.
• Send logging. Every attempted send - sent, failed, or held back by a limit - is recorded, giving you (and us) an audit trail of messaging activity.

5.5 Content responsibility

You are solely responsible for the content of every message you send - its accuracy, legality, and compliance with the policies referenced above. We do not review message content before it is sent and accept no liability for content you author.

6. Third-Party Integrations

Connecting Shopify, Amazon, WhatsApp, or any other third-party platform is optional and entirely your choice. By connecting an integration you:

• Authorize us to access the data described in our Privacy Policy solely to provide the connected functionality.
• Remain solely responsible for complying with that third party’s own terms of service and policies (e.g. Shopify’s Partner Program Agreement, Meta’s Business Terms, Amazon’s Acceptable Use Policy).
• May disconnect the integration at any time from Settings, which immediately revokes our access to that platform.

7. Fees, Trial, and Subscription

The Platform is offered with a free trial period, followed by a paid subscription as selected at sign-up or in Settings. Fees are billed in advance and are non-refundable except where required by law. You are responsible for the accuracy of invoices, tax rates, and GST details you configure within your own account - the Platform is a tool to generate documents based on inputs you control, not tax or legal advice.

8. Abuse Monitoring, Suspension and Termination

We do not simply trust that messaging features will be used correctly - we actively police them. We reserve the right to monitor messaging activity for abuse patterns, enforce rate limits, and restrict or disable messaging capabilities where misuse, spam behaviour, or policy violations are detected, including but not limited to unusually high send volumes, high block/report rates, or complaints relayed by Meta or any other integrated platform.

We may suspend or terminate your access to the Platform, in whole or in part (including messaging features specifically), immediately and without prior notice, if:

• You violate Section 4 (Acceptable Use) or Section 5 (Messaging Rules);
• We receive a complaint, abuse report, or policy-violation notice from Meta, Shopify, Amazon, or another integrated platform concerning your account;
• Our monitoring detects spam-like sending behaviour, abnormal volume, or a high rate of recipient blocks/reports;
• Your use poses a security risk to the Platform or other users;
• Required by law or by a request from a platform we integrate with.

You may terminate your account at any time by deleting it in Settings → Data, which permanently erases your data as described in our Privacy Policy.

9. Data Ownership, Export, and Deletion

Your business data belongs to you. You may export a full backup at any time and permanently delete your account and all associated data at any time (Settings → Data). See our Privacy Policy for full detail on retention and deletion.

10. Intellectual Property

The Platform, its software, design, and branding are our property or that of our licensors. You retain all rights to your own business data and content. We claim no ownership over invoices, customer records, or messages you create using the Platform.

11. Disclaimer of Warranties

The Platform is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform, or any third-party integration (including WhatsApp, Shopify, or Amazon delivery/availability), will be uninterrupted or error-free.

12. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, or consequential damages, or for any loss arising from your (or your staff’s) misuse of the Platform, failure to obtain proper consent for messaging, or violation of a third-party platform’s policies. We are not responsible for the content, accuracy, or consequences of any message you choose to send. Our total liability for any claim is limited to the subscription fees you paid in the twelve (12) months preceding the claim. Nothing in these Terms limits liability that cannot be limited by applicable law.

13. Indemnification

You agree to indemnify and hold us harmless from any claim, penalty, or liability (including reasonable legal fees) arising from: your violation of these Terms; your violation of any messaging platform’s policies (including Meta’s WhatsApp policies); your failure to obtain consent from a message recipient; or your processing of personal data without a lawful basis.

14. Compliance Obligations

You must comply with all applicable data protection and communication laws, including but not limited to the General Data Protection Regulation (GDPR), India’s Digital Personal Data Protection Act, 2023 (DPDP Act), and applicable telecom and anti-spam regulations in every jurisdiction where your customers are located. This includes, without limitation:

• Meta’s WhatsApp Business Messaging Policy, Commerce Policy, and Business Terms of Service, where you use WhatsApp features;
• GDPR, where you or your customers are located in or covered by the European Economic Area or UK;
• India’s Digital Personal Data Protection Act, 2023, and any other data-protection law applicable to your customers’ location;
• Applicable consumer-protection and anti-spam/telecom regulation (e.g. India’s TRAI regulations on commercial communication) in the jurisdictions where your customers are located;
• The terms of any e-commerce platform you connect (Shopify, Amazon, etc.).

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above. Continued use of the Platform after an update constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by the laws of India, without regard to conflict-of-law principles, unless otherwise required by applicable law in your jurisdiction.

17. Contact

Questions about these Terms? Contact Filarity at melbinkuriakos@gmail.com