These Terms & Conditions ("Terms") govern your access to and use of Tovak, a WhatsApp-native manufacturing operations service that helps Indian manufacturing businesses capture orders, track production, manage dispatch, generate GST invoices, and follow up on payments. By using the Service, signing an order form, or making payment, you agree to these Terms.
1. The Service
Tovak provides software that connects to the WhatsApp Business Platform and a web dashboard to help you run factory operations. Depending on your plan, the Service may include WhatsApp order capture, automated and AI-assisted order interpretation with repeat-order suggestions, GST invoice generation, Tally-compatible exports, production stage tracking, dispatch notifications, payment tracking and reminders, and reports. Tovak is designed to work alongside your existing tools, such as Tally; it does not replace your accounting system and is not itself an accounting, audit, or legal-compliance product.
2. Eligibility and accounts
- You must be a business, or an authorised representative of a business, and capable of entering into a binding contract under Indian law.
- You are responsible for the accuracy of the information you provide and for all activity under your account.
- You are responsible for managing your team's access, roles, and permissions, and for keeping login credentials confidential.
- Accounts may be created or accessed using third-party sign-in, such as Sign in with Google. You are responsible for maintaining the security of any third-party account you use to access the Service, and your use of that sign-in is subject to the third party's own terms.
3. Onboarding and setup
Certain plans include a one-time setup or "Factory Digitization Sprint" covering configuration, integration, and onboarding. The scope, duration, and deliverables of setup are described in your order form or proposal. Successful setup depends on your timely cooperation, including providing accurate catalog data, access to your WhatsApp number, and availability of your team for onboarding.
4. Fees and payment
- Fees consist of a one-time setup fee and/or a recurring subscription fee, as set out in your order form. A free Factory Operations Audit is a pre-sales offering and does not create any obligation to subscribe.
- Unless agreed otherwise, 40–50% of the setup fee is payable in advance before work begins, with the balance payable as set out in your order form.
- Subscription fees are billed in advance on a recurring basis and are payable by the due date stated on each invoice.
- All fees are exclusive of applicable taxes, including GST, which will be added where required.
- Except where required by law, fees already paid are non-refundable. We may suspend the Service for overdue payments after reasonable notice.
5. WhatsApp and third-party platforms
The Service relies on the WhatsApp Business Platform (provided by Meta through a Business Solution Provider) and other third-party infrastructure. Your use of WhatsApp is also subject to WhatsApp's and Meta's own terms and messaging policies. We are not responsible for outages, policy changes, message-delivery limits, pricing changes, or account actions imposed by these third-party platforms, though we will make reasonable efforts to keep the Service working.
6. Your responsibilities and acceptable use
You agree that you will:
- obtain any consents required from your buyers and suppliers before we send messages, confirmations, dispatch notifications, or reminders on your behalf;
- use the Service only for lawful business purposes and comply with applicable laws, including those on messaging, marketing, e-invoicing, GST, and data protection;
- not use the Service to send spam, unlawful, misleading, or infringing content;
- not attempt to reverse-engineer, resell, or copy the Service, or use it to build a competing product;
- review automated and AI-generated outputs (such as parsed orders, repeat-order suggestions, and invoices) before relying on or acting on them.
7. Data and privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we handle information. As between you and Tovak, you own your business and operational data. You grant us the right to process that data to provide and improve the Service, as described in the Privacy Policy. You are responsible for the accuracy and lawfulness of the data you and your team enter into the Service.
To operate and improve the Service, we also collect product-usage data and masked session recordings within the Tovak application, as described in the Privacy Policy. You can turn these off at any time from Settings → Privacy in the app.
8. Accuracy of invoices, taxes, and exports
Tovak helps you generate GST invoices and Tally-compatible exports based on the information you provide and configure. You remain solely responsible for verifying that invoices, tax treatment, HSN codes, amounts, and exported records are correct and compliant before they are issued, filed, or shared. Tovak does not provide accounting, taxation, or legal advice.
9. Intellectual property
The Service, including its software, design, and content, is owned by Tovak and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, solely for your internal business use. All rights not expressly granted are reserved. Any feedback you provide may be used by us to improve the Service without obligation to you.
10. Service availability and support
We aim to keep the Service available and to provide support as described in your plan, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance, update features, or modify the Service from time to time. We may also discontinue features with reasonable notice where practical.
11. Warranties and disclaimers
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including fitness for a particular purpose, merchantability, and non-infringement. We do not warrant that the Service will meet every requirement or that automated outputs will be error-free.
12. Limitation of liability
To the maximum extent permitted by law, Tovak will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business arising from your use of, or inability to use, the Service. Our total aggregate liability arising out of or relating to the Service will not exceed the total fees you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim.
13. Indemnity
You agree to indemnify and hold Tovak harmless from claims, damages, and expenses arising out of your misuse of the Service, your violation of these Terms or applicable law, or content and data you submit, including messages sent to your buyers and suppliers through the Service.
14. Term, suspension, and termination
- These Terms apply for as long as you use the Service. Subscriptions continue until cancelled in accordance with your order form.
- We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that creates legal or security risk.
- On termination, your right to use the Service ends. Sections that by their nature should survive (including fees due, intellectual property, disclaimers, limitation of liability, and indemnity) will survive.
- On request after termination, we will make your operational data available for export or delete it, subject to the retention periods in our Privacy Policy.
15. Confidentiality
Each party may receive confidential information from the other. Both parties agree to protect such information and use it only to perform under these Terms, except where disclosure is required by law.
16. Force majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including internet or platform outages, actions of WhatsApp or Meta, power failures, natural events, or government action.
17. Changes to these Terms
We may update these Terms from time to time. When changes are material, we will update the "Last updated" date and, where appropriate, notify you through the Service. Continued use of the Service after the changes take effect means you accept the revised Terms.
18. Governing law and jurisdiction
These Terms are governed by the laws of India. Subject to any binding dispute-resolution provision in your order form, the courts at Bangalore, Karnataka, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.
19. Contact
For any question about these Terms, email us at contact@tovak.in.