ZapUp
Legal

Terms of Service

Last updated: August 2026

1. Introduction

Welcome to ZapUp! These Terms of Service (“Terms”) govern your use of our website and services (“Services”) operated by Perky Digital Private Limited. By accessing or using ZapUp, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Use of Services

  • Eligibility: You must be at least 18 years old to use our Services. By using ZapUp, you represent and warrant that you have the legal capacity to enter into a binding agreement.
  • Account Registration: You may need to create an account to access certain features of our Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
  • Prohibited Activities: You agree not to use our Services for any unlawful or prohibited activities, including but not limited to spamming, hacking, violating intellectual property rights, or violating the terms and policies of any connected third-party platform (including Meta's WhatsApp and Instagram policies described in Section 4).

3. Payment and Billing

  • Subscription Fees: Certain features of ZapUp may require payment of subscription fees. By subscribing to these features, you agree to pay all applicable fees and charges.
  • Billing: We may use a third-party payment processor to bill you through a payment account linked to your account. All fees are exclusive of taxes, and you are responsible for any applicable taxes.
  • Pricing and Plan Changes: We may revise subscription fees, plan composition, usage limits and usage-based charges from time to time, including where required by changes in our own costs or in third-party platform pricing. Revised pricing takes effect from your next billing cycle after we post the change on our website or notify you by email. Your continued use of the Services after the effective date constitutes acceptance of the revised pricing.
  • Platform Pass-Through Charges: Conversation-based and messaging charges levied by Meta or other platform providers are set solely by those providers, may change without prior notice to us, and are payable by you in addition to subscription fees at the rates applicable at the time of use.

4. Third-Party Platforms; Meta Dependence

ZapUp's Services operate on top of third-party messaging platforms, including the WhatsApp Business Platform and Instagram messaging services operated by Meta Platforms, Inc. and its affiliates (“Meta”). ZapUp is an independent software provider and is not affiliated with, endorsed by, or sponsored by Meta.

  • Platform Policies: Your use of WhatsApp and Instagram through ZapUp is additionally governed by Meta's own terms and policies — including, without limitation, the WhatsApp Business Terms, WhatsApp Business Messaging Policy, Commerce Policy, and the Meta and Instagram Platform Terms — each as amended by Meta from time to time. You are solely responsible for ensuring that your use of the Services, your content, your message templates and your campaigns comply with those policies at all times.
  • Meta Decisions Are Final and Binding: Meta may, at its sole discretion and with or without notice or stated reason, reject message templates, adjust messaging limits or quality ratings, and restrict, suspend or terminate phone numbers, WhatsApp Business Accounts, Instagram accounts or API access. Such decisions are made by Meta, not by ZapUp. Where we receive them, we will communicate Meta's decisions to you; however, they are final and binding on you. ZapUp has no control over, and accepts no responsibility or liability for, any such action by Meta, and has no obligation to appeal it or to provide refunds, credits or compensation in respect of it.
  • Platform Changes Beyond Our Control: Meta and other platform providers may change, deprecate, re-price, restrict or discontinue APIs, features, message categories or programs at any time. ZapUp may correspondingly modify, suspend or discontinue affected features of the Services, and may adjust pricing under Section 3. Such changes are beyond our control and shall not constitute a breach of these Terms or entitle you to any refund, credit or damages.
  • Protective Suspension: We may suspend, limit or modify your use of the Services where we reasonably believe it is necessary to comply with Meta's requirements or directions, to protect our API access, business partnerships or platform standing, or to protect other customers of the Services.

5. Intellectual Property

  • Ownership: ZapUp and its original content, features, and functionality are and will remain the exclusive property of ZapUp and its licensors. You may not reproduce, distribute, or create derivative works from any content on our platform without our explicit consent.
  • Trademarks: All trademarks, service marks, and trade names displayed on our platform are proprietary to ZapUp or their respective owners.

6. User Content

  • Responsibility: You are solely responsible for the content you submit, post, or display on or through our Services (“User Content”). By posting User Content, you grant ZapUp a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your content.
  • Prohibited Content: You agree not to post any content that is illegal, offensive, or violates the rights of others.

7. Termination

  • Termination by ZapUp: We may terminate or suspend your account and access to our Services at our sole discretion, without prior notice, if you violate these Terms.
  • Termination by You: You may terminate your account at any time by following the instructions on our platform. Upon termination, your right to use the Services will immediately cease.
  • Termination Due to Platform Action: If Meta or another platform provider suspends, restricts or terminates access that is necessary for the Services — whether for the Services generally or for your account specifically — we may suspend or terminate the affected Services without liability. Fees already paid remain governed by our Refund & Cancellation Policy.

8. Limitation of Liability

  • Disclaimer: ZapUp provides the Services on an “as is” and “as available” basis. We do not warrant that the Services will be uninterrupted or error-free.
  • Limitation: In no event shall ZapUp be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our Services.
  • Third-Party Platforms: Without limiting the foregoing, ZapUp shall not be liable for any loss, damage, lost revenue or business interruption arising from the acts, omissions, decisions, outages, API changes, pricing changes, restrictions, suspensions or terminations of Meta or any other third-party platform or infrastructure provider, or from your violation of their terms or policies.

9. Indemnification

You agree to indemnify and hold ZapUp and its affiliates, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of our Services, your violation of these Terms, your violation of the terms or policies of Meta or any other third-party platform, or your infringement of any rights of another party — including any claim, penalty or enforcement action brought by or attributable to Meta in connection with your messaging, content or campaigns.

10. Force Majeure & Events Beyond Our Control

ZapUp shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to: acts or decisions of Meta or other platform and infrastructure providers (including API changes, rate limits, outages, policy enforcement, suspensions or terminations); internet, hosting or telecommunications failures; acts of government; changes in law or regulation; labour disputes; and force majeure events. If such an event materially affects the Services, we may modify, suspend or discontinue affected features without liability.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

12. Changes to Terms

ZapUp reserves the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of the Services after such changes will constitute your acceptance of the new Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at support@zapup.marketing.