These Terms of Service ("Terms") govern your access to and use of
InstaMessage (the "Service"), operated by BriskBrain Technologies
("we", "us", "our"). By creating an account or using the Service, you agree
to be bound by these Terms. If you do not agree, do not use the Service.
1What the Service is
InstaMessage lets you connect a WhatsApp number to your own
account and send and receive WhatsApp messages through a REST API, using
a WhatsApp Web-style device session.
Important: InstaMessage is an independent service
and is not affiliated with, endorsed by, or officially connected to
WhatsApp or Meta Platforms, Inc. in any way. It connects to WhatsApp
the same way the regular WhatsApp Web application does — it does not use
WhatsApp's official Business API. WhatsApp's own Terms of Service, Business
Policy, and enforcement systems apply to any number you connect, independently
of these Terms. WhatsApp may restrict, rate-limit, or ban a number for reasons
outside our control (for example, unusual sending patterns or user reports),
and we cannot prevent or reverse that. Do not connect a number you cannot
afford to lose access to.
2Your account
You must provide accurate information when registering and are responsible
for keeping your password, API access tokens, and any connected WhatsApp
session secure. You are responsible for all activity that happens under your
account and your API tokens, whether or not you personally performed it.
Tell us immediately if you believe your account or a token has been
compromised — you can also revoke a token yourself at any time from your
instance's page.
3Acceptable use
You agree not to use the Service to:
- Send unsolicited bulk messages, spam, or messages to recipients who have not agreed to receive them;
- Violate WhatsApp's own Terms of Service or Business Policy;
- Send content that is illegal, fraudulent, threatening, harassing, or infringes someone else's rights;
- Attempt to bypass, disable, or interfere with WhatsApp's security, rate limits, CAPTCHA, or account-enforcement systems;
- Attempt to access another user's account, instance, messages, or tokens;
- Interfere with or disrupt the Service's infrastructure, or attempt to reverse-engineer it beyond what applicable law allows.
We may suspend or terminate access for any account we reasonably believe is
violating this section, with or without notice.
4Bulk messaging and blocked numbers — your responsibility
If WhatsApp blocks or bans your number, that is not our responsibility.
You alone decide what you send, to whom, and how often. Sending bulk or
promotional messages, messaging people who haven't asked to hear from you, or
sending too many messages too quickly can get your WhatsApp number restricted
or permanently banned by WhatsApp — and we have no way to prevent or undo that.
By using the Service, you understand and agree that:
-
You are solely responsible for every message sent from your
connected number, whether sent through the dashboard, the API, or any tool or
integration you connect to it.
-
We are not liable for any restriction, suspension, or
permanent ban of your WhatsApp number or account by WhatsApp or Meta, or for
any loss that follows from it — including lost contacts, chats, customers,
sales, or business.
-
No refunds are given because a number was restricted or
banned. Your subscription remains active, and you may connect a different
number to your instance.
-
You must only message people who have agreed to hear from you
(for example, your own customers who gave you their number), and you must
honour anyone who asks you to stop.
-
The Service does not offer — and will not build — any feature designed to
avoid WhatsApp's limits or detection. Sending responsibly is the only way to
protect your number.
Good practice: send only messages people expect, keep volumes steady rather than
in sudden bursts, avoid identical messages to many recipients, and use a number
you can afford to lose while you test.
5Subscriptions, billing, and cancellation
Some features require a paid plan, billed monthly in advance through our
payment processor, Cashfree. By subscribing, you authorize us to charge your
chosen payment method on a recurring basis until you cancel. You can cancel
your subscription at any time from your account's Billing page, or by
contacting us; cancellation stops future billing but does not refund amounts
already charged for the current period, except where required by law. Fees
are shown in Indian Rupees (INR) — or in South African Rand (ZAR) on our
South African site — and are exclusive of any taxes we're required
to collect. We may change plan pricing going forward; we'll give you
reasonable notice before a price change applies to your existing subscription.
6Your content and data
You keep ownership of the messages and data you send or receive through the
Service. We process that content — including message text and phone numbers
— only as needed to operate the Service (for example, delivering a message
you asked us to send, or forwarding an incoming message to a webhook URL you
configured). We do not sell your data. If you connect a webhook URL, you are
responsible for how that endpoint stores and handles the data we send it.
Deleting your account deletes your instances, API tokens, and message history
from our systems, other than what we're legally required to retain.
See our Privacy Policy for details.
7Service availability
The Service is provided on an "as is" and "as available" basis. Because it
depends on an unofficial connection to WhatsApp's own infrastructure, we
cannot guarantee uninterrupted availability, message delivery, or that
WhatsApp won't change something on their end that affects the Service. We may
modify, suspend, or discontinue any part of the Service at any time.
8Termination
You may stop using the Service and delete your account at any time from your
Account page. We may suspend or terminate your access if you violate these
Terms, if required by law, or if we discontinue the Service, in which case
we'll try to give you reasonable notice where practical.
9Disclaimers and limitation of liability
To the fullest extent permitted by law, we disclaim all warranties, express
or implied, regarding the Service, including any warranty that it will be
uninterrupted, error-free, or that any WhatsApp number will remain connected
or unrestricted by WhatsApp. We are not liable for any loss or damage arising
from WhatsApp restricting, rate-limiting, or banning a number connected
through the Service, from messages not being delivered, or from any indirect,
incidental, or consequential damages. Our total liability for any claim
relating to the Service is limited to the amount you paid us in the three
months before the claim arose.
10Changes to these Terms
We may update these Terms from time to time. If we make a material change,
we'll update the date at the top of this page. Continuing to use the Service
after a change means you accept the updated Terms.
11Governing law
These Terms are governed by the laws of India, without regard to its
conflict-of-law principles.