Skip to content
WhatsAssist

Legal

Terms of service

Last updated: · Effective: · Version 1.0

These Terms of Service ("Terms") govern your use of the WhatsAssist application, websites, and services (collectively, the "Service") provided by OperGen Technologies Private Limited, a company incorporated under the laws of India, with registered office in Bengaluru, Karnataka ("OperGen", "we", "us", "our"). WhatsAssist is a product of OperGen.

By installing, accessing, or using WhatsAssist, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

1. The Service

WhatsAssist is an Android application and connected backend that:

  • Reads messages from Android notifications you grant permission for
  • Generates AI-drafted replies that you can review, edit, and send
  • Maintains a personal memory of your conversations
  • Optionally stores business knowledge you upload to help generate replies

WhatsAssist is a productivity tool. You remain responsible for all messages you send. The AI generates suggestions; the choice to send is always yours.

2. Eligibility

To use WhatsAssist you must:

  • Be at least 13 years old (or 16, depending on your country; 18 if your jurisdiction requires)
  • Have the legal capacity to enter into a binding contract
  • Not be barred from receiving the Service under applicable law (including export-control and sanctions law — see Section 18)
  • Comply with the terms of the messaging platforms you connect (WhatsApp, Instagram, Telegram, etc.)

If you use WhatsAssist on behalf of a business, you represent that you have authority to bind that business to these Terms, and "you" in these Terms refers to that business.

3. Your account

  • Provide accurate information when signing up.
  • Keep your login credentials secure.
  • You're responsible for all activity under your account.
  • Notify us at support@opergen.com if you suspect unauthorized access.

We may suspend or terminate accounts for violation of these Terms, fraud, abuse, security risk, or as required by law.

4. Subscriptions, billing, and refunds

4.1 Plans

WhatsAssist offers a Free plan and paid plans (Pro, Business). Features and pricing are described on our pricing page and in the app.

4.2 Billing

Paid plans are billed through Google Play. Billing terms — including renewal, currency, taxes, and chargebacks — are governed by Google Play's terms in addition to ours.

4.3 Auto-renewal

Subscriptions renew automatically at the end of each billing cycle unless you cancel. You can cancel anytime in your Google Play account or in Settings → Subscription.

4.4 Pricing

We offer regional pricing. The price displayed in your app store at the time of purchase is the price you pay (plus applicable taxes). We may change prices with at least 30 days' notice for existing subscribers; you may cancel before any price change takes effect.

4.5 Refunds

Refunds are subject to Google Play's refund policy. Mandatory consumer-protection rights in your jurisdiction are not affected (see Section 19). For exceptional cases (extended outages, billing errors), contact support@opergen.com.

4.6 Trials

We may offer free trials. At the end of a trial, your plan auto-converts unless cancelled. Trials are once per user; abuse of trials may result in account suspension.

4.7 Taxes

Prices may be exclusive of applicable taxes (GST, VAT, sales tax) which Google Play assesses and remits where required. You are responsible for any taxes not collected.

5. Acceptable use

You agree not to use WhatsAssist to:

  1. Send bulk, unsolicited, or commercial messages (spam) to contacts who have not opted in.
  2. Send harassing, threatening, abusive, hateful, or defamatory content.
  3. Impersonate any person or entity.
  4. Engage in fraud, phishing, or social engineering.
  5. Violate the terms of service of WhatsApp, Instagram, Telegram, Messenger, SMS providers, or any messaging platform you connect.
  6. Violate intellectual property rights, including copyright, trademark, or trade secret.
  7. Transmit malware, viruses, or any harmful code.
  8. Reverse engineer, decompile, or attempt to extract source code (except as permitted by law).
  9. Scrape, crawl, or harvest data from our Service through any automated means.
  10. Resell, redistribute, or sublicense the Service.
  11. Use the Service for any illegal activity, including violations of telecommunications law.
  12. Bypass usage limits, security features, or rate limits.
  13. Send messages to minors in a manner inconsistent with applicable child-protection law.
  14. Use the Service to generate misleading, deceptive, or harmful content; CSAM; or content that promotes violence, terrorism, or self-harm.
  15. Use the Service to violate any applicable export-control or sanctions law (see Section 18).

We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate these rules. Where we have a legal obligation to report (such as CSAM), we will.

6. Your responsibility for messages sent

WhatsAssist drafts replies. You decide what to send. You are solely responsible for:

  • The content of any message you send through WhatsAssist.
  • Compliance with applicable anti-spam laws (TCPA, CAN-SPAM, India's TRAI rules, EU ePrivacy, etc.).
  • Compliance with the platform terms of WhatsApp, Instagram, Telegram, Messenger, SMS carriers.
  • Obtaining consent where required to communicate with your contacts.
  • The accuracy of business information you upload (see Section 9).

We strongly recommend reviewing drafts before sending, especially when sending to customers or in regulated contexts. WhatsAssist is not a substitute for legal advice or industry compliance review.

7. Third-party platforms

WhatsAssist depends on Android notifications from third-party messaging apps. We do not control those apps and cannot guarantee:

  • Continued compatibility with future updates of WhatsApp, Instagram, Telegram, etc.
  • That those platforms will permit our use of their notifications indefinitely.
  • That your account on those platforms won't be restricted by their actions.

You agree to comply with each platform's terms. WhatsAssist is not affiliated with, endorsed by, or sponsored by Meta, Telegram, Google, or any messaging platform.

8. AI-generated content

WhatsAssist uses third-party AI models (Google Gemini Enterprise) to generate drafts. You understand:

  • AI models can produce inaccurate, biased, or inappropriate content.
  • AI drafts are suggestions, not facts. Always review drafts before sending.
  • We do not warrant that AI output will be accurate, complete, or suitable for any purpose.
  • Generated content may resemble other content; you are responsible for ensuring you have the right to send what you send.
  • You retain all rights you would have in messages you send; we claim no rights in AI-generated drafts that you adopt and send.

You should not rely on AI drafts for legal, financial, medical, or safety-critical communications without independent review.

9. Knowledge graph and uploads (Business plan)

If you upload business information (catalogs, FAQs, pricing, menus, documents):

  • You represent that you have the right to upload and use that content.
  • You grant us a limited, non-exclusive, worldwide license to process, store, and use the content to provide the Service to you.
  • We do not claim ownership of your uploaded content.
  • We do not use your uploaded content to train AI models or to benefit other users.
  • You can delete uploaded content at any time.

You are responsible for the accuracy of uploaded content. If your catalog shows the wrong price, WhatsAssist may include that wrong price in drafts.

10. Intellectual property

10.1 Our IP

WhatsAssist, the WhatsAssist logo, the OperGen name and logo, and all associated software, design, and content are owned by OperGen Technologies Private Limited or licensed to us. You may not copy, modify, distribute, sell, or create derivative works without our prior written permission.

10.2 Your content

You retain ownership of: your messages, your uploaded business knowledge, your feedback and suggestions (though we may use feedback to improve the Service). You grant us a worldwide, royalty-free license to use your content solely to operate and improve the Service for you.

10.3 Feedback

If you give us feedback, suggestions, or ideas, we may use them without obligation to you.

10.4 DMCA / copyright complaints

If you believe content available through the Service infringes your copyright, email support@opergen.com with the subject DMCA and include: identification of the work, location of the infringing content, your contact information, a good-faith statement, and a statement under penalty of perjury that the information is accurate and you are authorized to act.

11. Service availability and modifications

  • We aim for high availability but do not guarantee uninterrupted access.
  • We may modify, add, or remove features at any time.
  • For material changes that adversely affect you, we will provide reasonable notice.
  • Scheduled maintenance and unscheduled outages may occur.

We are not liable for service interruptions, but we will work in good faith to resolve them quickly. Status updates are posted at status.opergen.com.

12. Termination

12.1 By you

You may cancel your subscription anytime through Google Play. You may delete your account in Settings → Account → Delete account. Deletion is permanent after a 30-day grace period.

12.2 By us

We may suspend or terminate your account if: you violate these Terms; you engage in fraud, abuse, or illegal activity; your account becomes a security risk; or required by law or by a platform we depend on.

We will provide reasonable notice and an opportunity to cure where appropriate. For serious violations, we may terminate immediately.

12.3 Effect of termination

  • Your access to the Service ends.
  • We retain or delete your data per our Privacy Policy.
  • Sections that by their nature should survive (IP, liability, indemnification, dispute resolution) will survive termination.
  • No refund of pre-paid fees except where required by law.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • That the service will be uninterrupted, secure, or error-free
  • That AI-generated content will be accurate, complete, or suitable for any purpose

Some jurisdictions don't allow disclaimer of certain warranties; in those jurisdictions, our disclaimers apply to the maximum extent permitted by law and your statutory rights remain unaffected.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  1. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.
  2. Our total liability arising out of or related to these Terms or the Service will not exceed the greater of:
    • The amount you paid us in the 12 months before the claim, or
    • USD $50 (or local-currency equivalent).
  3. We are not liable for:
    • Actions of third-party platforms (account bans, policy changes, outages)
    • AI-generated content accuracy
    • Loss of data despite our best efforts
    • Your decisions to send any specific message

Some jurisdictions don't allow limitation of liability for certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted. Nothing in these Terms limits liability for gross negligence, wilful misconduct, fraud, death or personal injury caused by our negligence, or any other liability that cannot be limited by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless OperGen, its officers, employees, and agents from any claims, damages, losses, and reasonable expenses (including attorneys' fees) arising from:

  • Your use of the Service
  • Your messages or uploaded content
  • Your violation of these Terms
  • Your violation of law or third-party rights
  • Your violation of platform terms (WhatsApp, Instagram, etc.)

16. Governing law and dispute resolution

16.1 Governing law

These Terms are governed by the laws of India, without regard to conflict-of-law principles.

16.2 Informal resolution

Before filing any legal action, you agree to attempt informal resolution by emailing support@opergen.com with the subject Dispute. We will respond within 30 days.

16.3 Forum

If informal resolution fails:

  • Users in India: disputes will be resolved by binding arbitration under the Arbitration and Conciliation Act 1996 (as amended), seated in Bengaluru, Karnataka, India, conducted in English by a single arbitrator. Each party bears its own costs.
  • Users in the EU/UK: you may bring claims in the courts of your country of residence or in India, at your option, subject to mandatory consumer-protection law.
  • Users in the US: disputes will be resolved by binding individual arbitration under JAMS Streamlined Arbitration Rules, seated in Bengaluru, India or — at your election — administered remotely. Class actions and jury trials are waived to the extent permitted by law.

16.4 Injunctive relief

Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property, confidential information, or to prevent unauthorized access to systems.

17. Changes to these terms

  • We will notify you via email or in-app notice at least 14 days before material changes take effect.
  • Your continued use after the effective date means you accept the new Terms.
  • If you don't accept, you must stop using the Service before the change takes effect.
  • Non-material changes (typos, clarifications) may take effect immediately upon posting.

18. Export and sanctions compliance

You represent that you are not located in, or a national of, any country subject to comprehensive trade sanctions, and that you are not on any restricted-party list maintained by the US, EU, UK, or India. You agree not to use, export, re-export, or transfer the Service in violation of applicable export-control or sanctions laws.

19. Consumer-protection rights

If you are a consumer in a jurisdiction that grants mandatory consumer-protection rights (such as the EU, UK, Australia, or India), nothing in these Terms limits those rights. Where these Terms conflict with mandatory consumer-protection law, the consumer-protection law applies to you to the extent of the conflict.

20. Miscellaneous

  • Entire agreement: These Terms, together with our Privacy Policy, form the entire agreement between you and us.
  • Severability: If a provision is found unenforceable, the rest remain in force.
  • Waiver: Our failure to enforce any provision is not a waiver of our right to enforce it later.
  • Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or asset sale.
  • No agency: No partnership, joint venture, agency, or employment is created by these Terms.
  • Force majeure: Neither party is liable for failure to perform due to events beyond reasonable control (natural disasters, war, pandemic, regulatory action, platform actions, denial-of-service attacks).
  • Notices: Legal notices to us at support@opergen.com. We send notices to you via the email associated with your account.
  • Language: These Terms are in English. Translations are for convenience; English controls in case of conflict.
  • Headings: Section headings are for convenience only and do not affect interpretation.

21. Contact

All inquiries
support@opergen.com
Registered office
OperGen Technologies Private Limited, Bengaluru, Karnataka, India

For postal correspondence (service of legal notices), email support@opergen.com first and we will provide the registered office address appropriate to your matter.

By using WhatsAssist you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy.