Effective date: 30 May 2026
These Terms & Conditions ("Terms") govern your access to and use of Kwital, an omnichannel marketing platform for SMS, Email, and WhatsApp campaigns, operated by Nestiko Business Solutions Private Limited ("Kwital", "we", "us", or "our"). By accessing kwital.com or using our services, you agree to these Terms.
1. Eligibility and account registration
You must be at least 18 years old and authorised to enter into a binding agreement on behalf of yourself or your organisation. You agree to provide accurate registration information and keep your account credentials secure. You are responsible for all activity under your account.
2. Description of services
Kwital provides tools for managing contacts, creating campaigns, sending messages through supported channels, automation workflows, reporting, and related business communication features. Service availability, features, and limits may vary based on your subscription plan and applicable gateway/provider policies.
3. Acceptable use
You agree to use Kwital only for lawful business purposes. You must not:
- Send spam, unsolicited messages, or communications without proper consent.
- Use the platform for fraudulent, abusive, harmful, defamatory, or illegal activities.
- Upload or transmit malware, phishing content, or prohibited material.
- Violate telecom regulations, TRAI/DLT rules (where applicable), WhatsApp/Meta policies, email anti-spam laws, or recipient opt-out requests.
- Attempt to bypass platform limits, security controls, or usage restrictions.
- Misrepresent your identity or message sender details.
We reserve the right to suspend or terminate accounts that violate these rules.
4. User content and contact lists
You retain ownership of the content, contact lists, templates, and data you upload. You grant Kwital a limited licence to process, store, transmit, and display such content solely to provide the services. You represent that you have all necessary rights and permissions for the data and messages you send through the platform.
5. Subscription, credits, and payments
Certain features require paid plans, credits, or subscriptions. Fees, billing cycles, and plan limits are displayed at the time of purchase. Unless otherwise stated, payments are non-refundable except where required by law or explicitly agreed in writing. Failure to pay may result in suspension of services.
6. Third-party services and gateways
Kwital may rely on third-party providers for SMS, Email, WhatsApp, payment processing, and other integrations. Your use of those services may be subject to additional provider terms. We are not responsible for outages, policy changes, or actions taken by third-party providers outside our reasonable control.
7. Service availability
We aim to provide a reliable service but do not guarantee uninterrupted or error-free operation. Maintenance, upgrades, network issues, or provider disruptions may affect availability. We may modify, suspend, or discontinue features with reasonable notice where practicable.
8. Intellectual property
All platform software, branding, design, documentation, and proprietary materials of Kwital remain our intellectual property. You may not copy, modify, reverse engineer, or resell the platform except as expressly permitted.
9. Confidentiality and security
We implement reasonable safeguards to protect platform data. You are responsible for securing your account credentials, API keys, webhook tokens, and gateway configurations.
10. Suspension and termination
We may suspend or terminate access if you breach these Terms, misuse the platform, fail to pay applicable fees, or if continued service poses a legal, security, or operational risk. You may stop using the service at any time, subject to outstanding payment obligations.
11. Disclaimer of warranties
Kwital is provided on an "as is" and "as available" basis to the maximum extent permitted by law. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of liability
To the maximum extent permitted by law, Nestiko Business Solutions Private Limited shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, business, or goodwill arising from your use of the platform. Our total liability for any claim relating to the services shall not exceed the amount paid by you to Kwital in the three (3) months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold harmless Kwital and its officers, employees, and affiliates from claims, damages, losses, and expenses arising from your use of the platform, your content, your contact lists, or your violation of these Terms or applicable laws.
14. Governing law
These Terms shall be governed by the laws of India. Courts at Jaipur, Rajasthan shall have exclusive jurisdiction, subject to applicable mandatory consumer protection laws.
15. Changes to terms
We may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. Continued use of the services after changes constitutes acceptance.
16. Contact information
For questions regarding these Terms, contact:
Nestiko Business Solutions Private Limited (Kwital)
Plot No 164, Radha Krishna Vihar, Jaipur
Email: info@kwital.com
Phone: 9799913530