Terms & Conditions

1. Definitions and interpretation

In these Terms: “Account” means the account you create to access the Service; “Customer Data” means all data, records, leads, contacts, messages, files and content you or your Authorised Users submit to or generate within the Service; “Authorised User” means any employee, agent, contractor or team member you permit to use the Service under your Account; “Subscription” means a paid plan for a defined billing term; “Documentation” means our published user guides and help materials; and “Applicable Law” means all laws, rules and regulations applicable to a party. Headings are for convenience only and do not affect interpretation. Words such as “including” are illustrative and not limiting.

2. Eligibility and acceptance

You must be at least eighteen (18) years old and capable of forming a legally binding contract under the Indian Contract Act, 1872 to use the Service. The Service is intended solely for business and professional use and not for personal, household or consumer use. By using the Service you represent that all registration information you provide is true, accurate, current and complete, and that your use complies with all Applicable Law. We reserve the right to refuse, suspend or terminate access to any person or entity at our sole discretion, to the extent permitted by law.

3. The Service and licence grant

Subject to your continuous compliance with these Terms and payment of all applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during your active Subscription or trial term. All rights not expressly granted are reserved. We may add, modify, or discontinue features at any time. The Service is provided on a software-as-a-service basis; no copy of the software is sold, delivered, or licensed to you for installation, and you receive no ownership interest of any kind.

4. Accounts, security and Authorised Users

You are solely responsible for all activity that occurs under your Account and for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorised use or suspected breach of security. You are responsible for the acts and omissions of your Authorised Users as if they were your own, and for ensuring they comply with these Terms. We are not liable for any loss or damage arising from your failure to safeguard your credentials or from any unauthorised access that does not result from our proven gross negligence.

5. Subscriptions, plans and free trials

The Service is offered on subscription plans described on our pricing page, which may change from time to time. Where a free trial is offered, it is provided on an “as is” basis and may be modified, limited or withdrawn at any time. At the end of a trial, unless you subscribe to a paid plan, your access may be suspended or terminated and your data may be deleted after a reasonable period. Plan limits (such as user seats, message volumes, storage, or contacts) apply as stated at the time of purchase.

6. Fees, billing, taxes and auto-renewal

You agree to pay all fees for your selected plan in advance, on a quarterly, annual, or other basis as stated at checkout. Unless expressly stated otherwise, all fees are exclusive of taxes; you are responsible for all applicable taxes, levies, GST, and duties, and GSTIN-compliant invoices will be issued where required. Subscriptions renew automatically for successive terms of the same length at the then-current rate unless cancelled before the renewal date in accordance with the Refund & Cancellation Policy. You authorise us and our payment processors to store your payment details and to charge your chosen payment method for all fees, including renewals, until you cancel. Fees paid are non-refundable except as expressly required by Applicable Law.

7. Price changes

We may change our fees, plan structures, and included limits at any time. For existing Subscriptions, price changes will take effect at the start of your next renewal term, and your continued use after that date constitutes acceptance of the new pricing. If you do not agree to a price change, your sole remedy is to cancel before the renewal date.

8. Refunds

Except where a non-waivable statutory right applies, all fees are non-refundable and payments are not pro-rated on cancellation. Refunds and cancellations are governed entirely by our Refund & Cancellation Policy, which forms part of these Terms.

9. Acceptable use

You agree to use the Service lawfully and responsibly. You will not, and will not permit any Authorised User or third party to:

• Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose, or in violation of any Applicable Law or third-party rights;
• Send spam, bulk unsolicited messages, or any communication that breaches the Information Technology Act, 2000, the Telecom Commercial Communications Customer Preference Regulations, WhatsApp’s Business and Commerce policies, or any anti-spam or data-protection law;
• Upload, store, or transmit data you do not have the lawful right to use, or any content that is defamatory, obscene, infringing, or otherwise objectionable;
• Reverse engineer, decompile, disassemble, scrape, copy, frame, mirror, resell, sublicense, or create derivative works of the Service;
• Circumvent, disable, or interfere with security, authentication, rate limits, or usage restrictions;
• Introduce viruses, malware, or malicious code, or use the Service to gain unauthorised access to any system or data;
• Use the Service to build a competing product or benchmark it for a competitor; or
• Overburden or impair the infrastructure, or use automated means beyond documented APIs.

We may investigate suspected violations and cooperate with law-enforcement authorities. Violation of this section may result in immediate suspension or termination without refund.

10. Messaging, WhatsApp and communications compliance

If you use messaging, WhatsApp, SMS, email, or dialer features, you are solely responsible for obtaining all necessary consents from recipients, honouring opt-out and do-not-disturb requirements, and complying with all Applicable Law and platform policies (including those of Meta / WhatsApp). You represent that you have a lawful basis and valid consent to contact every individual you message through the Service. You will indemnify us in full for any claim, penalty, or account action arising from your messaging activities. We may throttle, suspend, or disable messaging features to protect platform integrity or to comply with a provider requirement.

11. Customer Data and ownership

As between you and us, you own and retain all right, title, and interest in your Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process, display, and otherwise use Customer Data solely as necessary to provide, secure, maintain, and improve the Service, to prevent or address technical or security issues, to comply with law, and as otherwise permitted in these Terms and the Privacy Policy. You are solely responsible for the accuracy, quality, legality, and your rights to use your Customer Data, and for backing up data you consider critical.

12. Aggregated and analytics data

We may collect, generate, and use aggregated, de-identified, or anonymised data derived from the operation of the Service (including usage statistics and performance metrics) for any lawful business purpose, including to operate, improve, benchmark, and develop the Service and new products. Such aggregated data does not identify you or any individual and is not Customer Data.

13. Confidentiality

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel or advisors who need to know and are bound by confidentiality. This does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law (with notice where lawful).

14. Intellectual property

The Service, including all software, source code, designs, interfaces, text, graphics, logos, trademarks, and Documentation, is owned by Next Heights or its licensors and is protected by intellectual-property and other laws. These Terms grant you no ownership and no rights except the limited licence expressly stated. “Next Heights”, “Next Heights CRM”, and associated logos are our trademarks; you may not use them without our prior written consent.

15. Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid licence to use and exploit that feedback for any purpose without any obligation or compensation to you.

16. Third-party services and integrations

The Service may interoperate with third-party products, platforms, and APIs (such as WhatsApp, property portals, payment gateways, mapping, and communication providers). We do not control and are not responsible for third-party services, their availability, accuracy, terms, security, or their acts and omissions. Your use of a third-party service is governed by that third party’s own terms, and any charges or liabilities arising from it are your responsibility. A third party may change or discontinue its service, which may affect Service functionality without liability to us.

17. Availability, maintenance and support

We aim to keep the Service available but do not guarantee uninterrupted, timely, secure, or error-free operation. The Service may be unavailable during planned or emergency maintenance, updates, or events beyond our reasonable control. Unless you have purchased a separate written service-level agreement, no uptime, response time, or support commitment is guaranteed, and any support is provided on a commercially reasonable, best-effort basis.

18. Beta and experimental features

We may offer features identified as beta, preview, early access, or experimental. These are provided “as is”, may be changed or withdrawn at any time, may be unstable, and are excluded from any warranty or support commitment. Your use of beta features is at your own risk.

19. Modifications to the Service

We may modify, enhance, suspend, or discontinue the Service, or any feature, in whole or in part, at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation, except that if we permanently discontinue the entire paid Service we will, as your sole remedy, provide a pro-rata refund of any pre-paid fees for the unused portion of your then-current term.

20. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE.

21. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXT HEIGHTS, ITS DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, DATA, OR ANTICIPATED SAVINGS, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME OF THESE LIMITATIONS MAY NOT APPLY WHERE PROHIBITED BY LAW, IN WHICH CASE OUR LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED.

22. Indemnification

You will defend, indemnify, and hold harmless Next Heights and its directors, officers, employees, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, penalties, and costs (including reasonable legal fees) arising out of or related to: (a) your Customer Data; (b) your use or misuse of the Service; (c) your messaging or marketing activities; (d) your breach of these Terms or any Applicable Law; or (e) your violation of any third-party right. We will notify you of any such claim and may, at our option, participate in the defence with counsel of our choice.

23. Force majeure

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government action, labour disputes, power or internet failures, denial-of-service attacks, or failures of third-party providers, hosting, or telecommunications.

24. Suspension and termination

We may suspend or terminate your access, in whole or in part, immediately and without liability if: you breach these Terms; you fail to pay any amount when due; we reasonably believe your use poses a security, legal, or reputational risk; or we are required to do so by law or by a third-party provider. We may also terminate for convenience on reasonable notice. You may cancel as described in the Refund & Cancellation Policy.

25. Effect of termination and data export

Upon termination or expiry, your right to access the Service ends immediately. You are responsible for exporting your Customer Data before your access ends; where feasible we may make it available for a limited period, after which we may permanently delete it in the ordinary course, subject to legal retention requirements and our Privacy Policy. Sections that by their nature should survive termination (including fees due, ownership, confidentiality, disclaimers, limitation of liability, indemnity, and governing law) will survive.

26. Compliance with laws

Each party will comply with all Applicable Law in its performance under these Terms. You represent that you and your Authorised Users are not subject to any sanction or restriction that would prohibit use of the Service, and that you will not use the Service in violation of any export-control or sanctions law.

27. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganisation, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

28. Notices

We may provide notices to you by email to the address on your Account, through the Service, or by posting on our website, and such notice is deemed received when sent or posted. Legal notices to us must be sent in writing to the contact address published on our website and are effective on confirmed receipt.

29. Governing law, jurisdiction and dispute resolution

These Terms and any dispute arising out of or in connection with them or the Service are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles. Subject to the arbitration provision below, the courts of competent jurisdiction at our principal place of business in India will have exclusive jurisdiction, and you consent to that jurisdiction and venue.

The parties will first attempt to resolve any dispute amicably through good-faith negotiation. If unresolved within thirty (30) days, the dispute will, to the extent permitted by law, be finally settled by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at our principal place of business in India, conducted in English. This clause does not prevent either party from seeking urgent injunctive relief from a court. Nothing in this section limits any non-waivable statutory right you may have as a consumer under Applicable Law.

30. Changes to these Terms

We may update these Terms at any time. Material changes will be notified through the Service or by email, or by updating the “Last updated” date above. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Service.

31. General

These Terms, together with the policies incorporated by reference, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right. There are no third-party beneficiaries. The parties are independent contractors, and nothing creates a partnership, agency, or employment relationship. In case of conflict between these Terms and a policy, these Terms prevail unless the policy states otherwise.

32. Grievance officer and contact

In accordance with the Information Technology Act, 2000 and applicable rules, grievances regarding the Service or content may be addressed to our Grievance Officer at [email protected]. We will acknowledge complaints within a reasonable period and endeavour to resolve them in accordance with Applicable Law. For any questions about these Terms, contact us at the same address.