These Terms of Service ("Terms") are an agreement between you ("Client", "you") and DAMSHOOL LLP, a limited liability partnership registered in India with its address at 445 A, FF, NK II, Indirapuram, Shipra Sun City, Ghaziabad, Uttar Pradesh 201014 ("Damshool", "we", "us", "our"), which owns and operates Blinksby (https://blinksby.com, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
Blinksby is a software-as-a-service platform for businesses. Depending on your plan, it lets you:
- create QR codes that help your customers leave Google reviews, with AI-assisted review drafts;
- manage and reply to your Google Business Profile reviews;
- connect your own WhatsApp Business Account through Meta's Embedded Signup, so Blinksby can reply to your customers' WhatsApp messages on your behalf using AI-assisted replies; and
- capture customer enquiries as leads and view leads, conversations and reports in your dashboard.
Blinksby is an independent product and is not affiliated with, endorsed by or sponsored by Meta Platforms, Inc., WhatsApp LLC or Google LLC.
2. Eligibility and accounts
You must be at least 18 and authorised to act for the business you register. You must give accurate information, keep your login details secure and tell us promptly about any unauthorised use. You are responsible for all activity under your account, including by your staff.
3. Connecting WhatsApp and Google
- When you connect a WhatsApp Business Account or Google Business Profile, you authorise Blinksby to access it and act on your behalf within the permissions you grant.
- You must own or be authorised to manage the WhatsApp Business Account, phone number and Google Business Profile you connect.
- Your use of WhatsApp is also subject to the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy and Meta's terms. Your use of Google is subject to Google's terms and policies. You must comply with them.
- Meta or Google may restrict, suspend or ban your account, phone number or message templates, or change their features or pricing. These decisions are outside our control and we are not responsible for them.
- You can disconnect WhatsApp or Google from Blinksby at any time, from Blinksby or from your Meta or Google account settings.
4. Your responsibilities for messaging (customer consent)
You are solely responsible for your communications with your customers. In particular, you agree that:
- you will obtain, and keep records of, your customers' opt-in consent before sending them business-initiated WhatsApp messages, as required by WhatsApp policies and applicable law;
- you will honour opt-out requests promptly;
- you will not use Blinksby to send spam, unsolicited bulk messages, or content that is unlawful, misleading or harassing, or that breaks WhatsApp's or Google's policies;
- you will not sell or promote products or services that the WhatsApp Commerce Policy prohibits;
- the business information you give us for AI replies (prices, services, timings, offers) is accurate and up to date; and
- you are responsible for the content of your message templates and of any messages sent from your account.
5. Google reviews
You must not use Blinksby to create fake reviews, to offer incentives for reviews, to post reviews on behalf of people who are not genuine customers, or in any other way that breaks Google's review policies. Customers must always be free to edit their review text or not post it.
6. AI-generated content
Blinksby uses AI to draft review text and to reply to customer messages. AI output can be inaccurate, incomplete or inappropriate. You can review AI replies and can turn off automatic replies. You are responsible for checking that AI replies sent from your account are accurate and suitable for your business. We do not guarantee any particular result, number of reviews, leads or sales.
7. Fees, WhatsApp charges and payment
- Subscription fees are shown on our pricing page, billed in Indian Rupees (INR) plus applicable taxes, and charged in advance for each billing period. By subscribing, you authorise recurring charges for your chosen plan.
- Charges set by Meta for WhatsApp conversations or messages are payable by you, either directly to Meta through the payment method on your WhatsApp Business Account or through Blinksby as described in your plan. Meta may change these charges at any time.
- Refunds and cancellations follow our Refund Policy and Cancellation Policy.
8. Acceptable use
You must not:
- use the Service for anything illegal, fraudulent or deceptive;
- reverse engineer, copy, resell or interfere with the Service, or try to access it in an unauthorised way;
- upload malware or harmful content; or
- use the Service to infringe anyone's privacy or intellectual property rights.
9. Data protection
Our Privacy Policy explains how we handle personal data. For your customers' data that we process for you, you are the data controller (Data Fiduciary) and we act as your data processor. We will process that data only to provide the Service to you, keep it confidential and secure, and delete it as described in the Privacy Policy when you disconnect or close your account.
10. Intellectual property
We own the Service, its software and branding. You keep ownership of your business content and data. You give us a limited licence to use your content only to provide the Service to you. You may not copy, reproduce or create derivative works from the platform without our written consent.
11. Suspension and termination
You may close your account at any time. We may suspend or end your access if you break these Terms or WhatsApp's or Google's policies, if Meta or Google requires us to, or if your use puts the Service or other users at risk. Where reasonable, we will give notice first. On termination, we will stop accessing your connected accounts and delete your data as described in the Privacy Policy.
12. Disclaimers
The Service is provided "as is" and "as available". We do not promise that it will be uninterrupted or error-free, or that third-party services such as WhatsApp or Google will always be available.
13. Limitation of liability
To the extent the law allows, we are not liable for indirect, incidental, special or consequential losses, including lost profits, data or business opportunities. Our total liability for any claim is limited to the fees you paid us in the three months before the claim.
14. Indemnity
You agree to compensate and protect DAMSHOOL LLP against claims, penalties and losses arising from your messages, your content, your failure to obtain customer consent, or your breach of these Terms or of WhatsApp's, Meta's or Google's policies.
15. Changes to these Terms
We may update these Terms. We will post the new version on this page with a new "Last updated" date and, for significant changes, notify you by email or in the dashboard. Continuing to use the Service after that means you accept the updated Terms.
16. Governing law and disputes
These Terms are governed by the laws of India. We will first try to resolve any dispute through good-faith discussion. If that fails, the courts at Ghaziabad, Uttar Pradesh will have exclusive jurisdiction.
17. Contact
DAMSHOOL LLP, 445 A, FF, NK II, Indirapuram, Shipra Sun City, Ghaziabad, Uttar Pradesh 201014, India
Email: [email protected] · Phone: +91 92669 91719
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