Terms & Conditions

1.About These Terms

These Terms and Conditions ("Terms") are an agreement between you and Think Hat Business Solutions, Madhyamgram, West Bengal, India, which operates Flukko ("Flukko", "we", "us" or "our"). They apply to our website www.flukko.com and to the Flukko application at app.flukko.com (together, "the Service").

By creating an account, starting a trial, paying for a plan or using the Service, you agree to these Terms and to our Privacy Policy and Refund & Cancellation Policy. If you don't agree, please don't use the Service.

Flukko is a service for businesses. If you accept these Terms for a company or other organisation, you confirm that you are allowed to bind it, and "you" means that organisation.

2.Your Account

• You must be at least 18 years old and able to enter into a binding contract.
• Give accurate information when you sign up and keep it up to date, including your billing details.
• Keep your password and API keys secret. You are responsible for everything done with your account, your team members' accounts and your API keys.
• The person who creates a workspace is its owner and administrator. The owner decides who joins the workspace and what each person can do.
• Tell us straight away at hello@flukko.com if you think someone has used your account without permission.

3.The Service

Flukko gives businesses tools to use WhatsApp through Meta's WhatsApp Business Platform: a shared team inbox, campaigns, message templates, contacts and groups, reports, an API and webhooks. Features may differ between plans if we offer more than one.

We keep improving Flukko, so features may be added, changed or removed over time. If we remove a major feature you pay for, we will tell you in advance.

4.WhatsApp and Meta

Flukko works on top of the WhatsApp Business Platform, which is owned and run by Meta Platforms, Inc. and its affiliates ("Meta"). To use Flukko with WhatsApp you need a Meta business account, and you must accept and follow Meta's own terms, including the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy and the WhatsApp Commerce Policy.

• Meta decides some things we can't. Meta approves or rejects phone numbers, display names and message templates, sets messaging limits and quality ratings, and can restrict or ban numbers or accounts.
• Meta bills message charges to you. WhatsApp message charges are billed by Meta directly to your Meta business account at Meta's rates. They are not included in Flukko's plans or the free trial, and we never resell them.
• Meta's services are outside our control. We are not responsible for Meta's decisions, outages, policy or price changes, or for any loss caused by them.

5.Free Trial

• When we offer a free trial, new workspaces can use Flukko free for the number of days and WhatsApp numbers shown when they sign up.
• One free trial per business. We may refuse or end a trial if we see it being misused, for example through repeated sign-ups.
• When the trial ends you can still sign in and your data is kept, but sending messages and connecting numbers stop until you choose a paid plan.
• We may change or stop the free trial offer for new sign-ups at any time.

6.Plans, Prices and Payment

• Per WhatsApp number. Each WhatsApp number has its own plan, for a period of 1, 3 or 12 months, paid in full in advance.
• Prices and taxes. Prices are shown on our Pricing page and in the Service, before tax. Applicable taxes, such as GST in India, are added at checkout.
• Currency. Customers billed in India pay in Indian Rupees (INR); others pay in US Dollars (USD).
• Payment. Payments are processed by Razorpay. A plan starts once the payment is confirmed, and you get a tax invoice for every payment.
• No automatic renewal. We don't charge you automatically. You renew from Billing in the Service, and a renewal adds the new period after your current end date.
• Price changes. We may change prices. A new price applies only from your next payment, never to a period you have already paid for.
• Billing details. You are responsible for the billing name, address and tax number you give us; invoices already issued can't be changed later.

7.Expiry, Cancellation and Refunds

• Because plans don't renew automatically, you can cancel any time simply by not renewing.
• When a number's paid period ends, sending messages from it stops until you renew. You can still sign in, and your contacts, chats and templates are kept.
• Payments are not refundable once a paid plan has started, including for unused time or if you stop using the Service early. Use the free trial to make sure Flukko is right for you before paying.
• If you were charged twice for the same order or charged in error, contact us and we will put it right.

Full details are in our Refund & Cancellation Policy.

8.Acceptable Use

You agree that you, your team and anyone using your API keys will not:

• send messages to people who have not agreed to receive them, or keep messaging people who have opted out;
• send spam, chain messages, or unsolicited bulk or automated messages that break WhatsApp's policies;
• send content that is illegal, fraudulent, misleading, defamatory, hateful, harassing, sexually explicit or harmful to children;
• promote goods or services that WhatsApp's Commerce Policy prohibits;
• pretend to be another person or business, or hide who you are;
• collect or use personal data without a lawful basis;
• try to break into, overload, scan, copy or reverse engineer the Service, or get around its limits or security; or
• resell or give others access to the Service, unless we agree to it in writing.

We may remove content, limit features or suspend accounts that break these rules, and we may report illegal activity to the authorities.

9.Your Data

• You own your content — your messages, contacts, templates, files and other data you put into Flukko ("Your Data").
• You give us permission to store, process and send Your Data only as needed to provide the Service to you, to keep it secure and as the law requires.
• You are responsible for Your Data, for having the right to use it, and for having your contacts' consent where the law or WhatsApp's policies require it.
• For contacts' personal data, you decide how it is used and we process it on your behalf, as described in our Privacy Policy.
• You can ask us to delete your workspace and Your Data at any time — see Data Deletion Instructions.

10.API and Integrations

• Our API and webhooks let you connect Flukko to your own software. API keys are shown only once; keep them secret and use them only from your servers.
• You are responsible for every request made with your keys and for the systems that receive your webhooks.
• We apply rate limits to keep the Service reliable for everyone, and may change the API with reasonable notice.

11.Availability and Support

We work hard to keep Flukko available and fast, but we don't promise that it will always be available or free of errors. We may need to pause the Service for maintenance, upgrades or emergencies, and we will try to do this at quiet times and with notice where we can. Support is available by email at hello@flukko.com.

12.Suspension and Termination

• By you. You can stop using Flukko at any time and ask us to close your workspace.
• By us. We may suspend or close a workspace if you break these Terms or Meta's policies, if Meta or the law requires it, if your use puts the Service, Meta or others at risk, or for fraud or non-payment. Where reasonable, we will warn you first and give you time to fix the problem.
• While suspended. Sign-in, the API and WhatsApp sending and receiving through Flukko stop; your data is kept unless the workspace is closed.
• After closing. Your Data is deleted as described in our Privacy Policy, except records we must keep by law, such as invoices.

Sections 7, 9, and 13 to 20 continue to apply after these Terms end.

13.Our Intellectual Property

Flukko — its software, design, name, logo and content on our website — belongs to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service for your business while these Terms apply. If you send us ideas or feedback, we may use them freely without any obligation to you.

WhatsApp and Meta are trademarks of Meta Platforms, Inc. Flukko is an independent product and a verified Tech Provider on Meta's WhatsApp Business Platform; it is not owned or endorsed by Meta.

14.Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, we make no other promises — for example that the Service will meet every need you have, or that messages will always be delivered, since delivery depends on Meta, mobile networks and your contacts' devices.

15.Limitation of Liability

To the extent the law allows:

• we are not liable for indirect or consequential losses, such as lost profits, revenue, business, goodwill or data; and
• our total liability for all claims relating to the Service is limited to the amount you paid Flukko in the 12 months before the event that caused the claim.

Nothing in these Terms limits liability that cannot be limited by law.

16.Indemnity

You agree to protect us from, and pay for, claims, fines and costs (including reasonable legal fees) brought by others because of Your Data, the messages you send, or your breach of these Terms, Meta's policies or the law.

17.Changes to These Terms

We may update these Terms from time to time. We will change the "Last Updated" date above and, for important changes, tell you by email or in the Service before they take effect. If you keep using Flukko after that, you accept the updated Terms.

18.Governing Law and Disputes

These Terms are governed by the laws of India. If a dispute comes up, please contact us first — most problems can be solved quickly that way, and we will try in good faith for 30 days. If it can't be solved, the courts at Kolkata, West Bengal, India have exclusive jurisdiction.

19.General

• These Terms, with the policies they mention, are the whole agreement between you and us about the Service.
• If any part is found invalid, the rest still applies. If we don't enforce a right straight away, we don't give it up.
• You may not transfer these Terms without our consent; we may transfer them as part of a merger, sale or reorganisation.
• Neither of us is responsible for delays caused by events beyond reasonable control, such as natural disasters, outages of third-party services or government action.
• We may send notices to the email address on your account; you can send notices to hello@flukko.com.

20.Contact Us

Questions about these Terms? Get in touch: