These Terms & Conditions (the “Terms”) form a binding legal agreement between you (the business or individual signing up for or using the Services, referred to as “you”, “your” or the “Customer”) and BNM for Business (“BNM”, “we”, “us” or “our”). Please read them carefully. By accessing or using the Services you agree to be bound by these Terms.
By creating an account, accessing, or using BNM for Business — including the web application at studio.bnmapp.com or in.studio.bnmapp.com, the companion “BNM Admin” desktop and mobile applications, and any related features, APIs, integrations, or services (together, the “Services”) — you agree to be bound by these Terms and by any policies referenced in them, including our Privacy Policy.
If you are entering into these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” and “Customer” mean that entity. If you do not have such authority, or if you do not agree to these Terms, you must not access or use the Services.
These Terms incorporate by reference our Privacy Policy and any data processing terms, plan-specific terms, and product documentation that we make available. Where there is a conflict, the body of these Terms prevails, except that any data processing terms prevail over the body of these Terms in respect of the processing of End-Customer Personal Data, and any other referenced document prevails only where it expressly states that it does.
In these Terms, the following capitalised words have the meanings set out below:
You must be at least 18 years old and capable of forming a legally binding contract to use the Services. If you use the Services on behalf of a business, you confirm that you are duly authorised to do so.
The Services are provided for legitimate business and professional use. They are not intended for personal, household, or consumer use. You must use the Services only in connection with a lawful business or organisational activity.
You agree to provide accurate, current, and complete business and contact information when you register and to keep that information up to date. We may suspend or terminate your Account if any information you provide is found to be inaccurate, incomplete, false, or misleading.
Access to the Services may be authenticated through third-party sign-in providers, including Google and Apple sign-in. You are responsible for safeguarding your login credentials and for all activity that occurs under your Account, whether or not authorised by you. You must keep your credentials confidential, restrict access to authorised personnel only, and notify us promptly at support@bnmapp.com if you suspect any unauthorised access to or use of your Account. We are not liable for any loss or damage arising from your failure to maintain the security of your Account.
BNM for Business is a multi-tenant software-as-a-service platform that enables businesses to run their operations over WhatsApp and Telegram. Depending on your plan and the modules you enable, the Services may include a no-code automation and workflow builder, a shared messaging inbox, e-commerce and order management, appointments, clinical/healthcare records (for clinic businesses), delivery dispatch, subscriptions, a wallet and payments, company back-office tools, and an AI assistant, together with the companion BNM Admin desktop and mobile applications.
Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your internal business purposes during the term of your Subscription.
Except as expressly permitted by these Terms or by us in writing, you must not, and must not permit any third party to: copy, modify, or create derivative works of the Services; reverse engineer, decompile, or disassemble the Services or attempt to derive their source code; resell, rent, lease, sublicense, or otherwise commercially exploit the Services to or for the benefit of any third party except as the Services are designed to allow; remove or alter any proprietary notices; or use the Services to build a competing product or service.
The Services are provided on an evolving basis. We may add, modify, or remove features, modules, integrations, or plan entitlements from time to time. We will use reasonable efforts to give notice of material changes that adversely affect your use of the Services, as described in Section 17.
Access to paid features of the Services is provided on a Subscription basis. The applicable plans, features, usage limits, and fees are described at the point of purchase or in your plan documentation. By selecting a paid plan, you agree to pay all fees associated with that plan.
Unless stated otherwise, Subscriptions are billed in advance on a recurring basis (for example, monthly or annually) and renew automatically for successive periods until cancelled. Payments are processed through our third-party payment gateway, Easebuzz (for India). By subscribing, you authorise us and our payment gateway to charge the applicable fees to your selected payment method on each renewal date until you cancel. We do not collect or store full payment card details; these are collected and handled directly by the payment gateway.
We may change our fees and plan structures from time to time. We will give you reasonable prior notice of any fee increase that applies to your Subscription. Price changes take effect from the start of your next billing cycle after the notice period. If you do not agree to a fee change, you may cancel your Subscription before the change takes effect.
All fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties, and levies (including, where applicable, Goods and Services Tax) associated with your purchase, other than taxes based on our net income. Where we are required to collect such taxes, they will be added to your invoice.
Except where a refund is required by applicable law or expressly stated in writing by us, all fees are non-refundable, including fees for partial Subscription periods, downgrades, or unused features. Cancelling a Subscription stops future renewals but does not entitle you to a refund of fees already paid for the current period.
The Services may include a wallet and credits that can be funded or earned for use within the platform. Unless required by law or stated otherwise, wallet credits are not transferable, are not redeemable for cash, may expire, and may be subject to additional terms. Wallet balances are not a deposit, are not held with a bank, and do not earn interest.
If any fee is not paid when due, we may suspend or restrict your access to the Services until payment is made, and we reserve the right to charge applicable late fees or interest to the extent permitted by law.
You agree to use the Services lawfully, responsibly, and in accordance with these Terms. You must not, and must not allow your personnel, agents, or End-Customers to:
We may investigate suspected violations and may suspend, restrict, or terminate access in accordance with Section 15. You are responsible for the conduct of all users of your Account and for all content and communications sent through your Account.
The Services enable you to communicate with End-Customers over the WhatsApp Business Platform / Cloud API (operated by Meta Platforms) and over Telegram. Your use of these Messaging Channels through the Services is subject to, and you must at all times comply with, the applicable third-party policies, including Meta’s WhatsApp Business Messaging Policy, Meta’s WhatsApp Commerce Policy, and Telegram’s terms of service, as updated from time to time.
You are solely responsible for obtaining and maintaining valid, documented opt-in consent from each recipient before sending messages to them through the Messaging Channels, as required by the applicable platform policies and by law. You must honour opt-out and unsubscribe requests promptly and must not message recipients who have not consented or who have withdrawn consent.
You are responsible for the content, accuracy, lawfulness, and timing of all messages, templates, and campaigns you send through the Services, and for ensuring that they comply with the applicable platform policies and law. We do not pre-screen or approve your messages and are not responsible for messages you choose to send.
The Messaging Channels are operated by third parties who may impose quality ratings, rate limits, restrictions, or bans on your messaging. We may suspend, restrict, or terminate your access to messaging features (and, where necessary, your Account) if you violate, or we reasonably believe you have violated, the applicable platform policies or law, or if a Messaging Channel provider requires us to do so. You acknowledge that any suspension or restriction imposed by a Messaging Channel provider is outside our control.
The Services involve two distinct categories of data and two corresponding roles under Applicable Data Protection Law:
As the Controller of your End-Customer data, you are responsible for establishing and maintaining a valid lawful basis for processing, for obtaining and recording any consents required (including consent for messaging and, where applicable, for Sensitive Personal Data such as health data captured through the clinical features), for providing required notices to your End-Customers, and for handling data-principal and data-subject rights requests. You must not instruct us to process Personal Data in a way that violates Applicable Data Protection Law, and you warrant that your instructions and your collection of End-Customer data comply with that law.
As your Processor, we will: process End-Customer Personal Data only on your documented instructions and to provide, secure, and support the Services, unless we are required to process it otherwise by law (in which case we will inform you where permitted); implement appropriate technical and organisational security measures; ensure that persons authorised to process the data are bound by confidentiality; engage Sub-processors only as described in Section 11; assist you, taking into account the nature of the processing, in responding to data-principal and data-subject requests and in meeting your obligations relating to security, breach notification, and data protection impact assessments; and, on termination, delete or return End-Customer Personal Data as described in Section 15.4, subject to legally required retention.
Where an End-Customer exercises rights under Applicable Data Protection Law (such as rights of access, correction, erasure, or grievance redress) directly with us, we will, unless legally required to act otherwise, refer that request to you as the Controller and assist you in responding. Where the request relates to data for which BNM is the Controller (your Account and business data), you or your authorised users may exercise the applicable rights by contacting us as set out in Section 20.
We will notify you without undue delay after becoming aware of a personal data breach affecting End-Customer Personal Data processed on your behalf, and will provide information reasonably available to us to help you meet your own notification obligations to regulators (including the Data Protection Board of India) and to affected individuals. As Controller of your End-Customer data, you remain responsible for making any required notifications.
The Services and our Sub-processors may store or process data in, or transfer data to, countries outside the country in which you or your End-Customers are located, including outside India and the European Economic Area / United Kingdom. Where Applicable Data Protection Law requires, such transfers are made subject to appropriate safeguards (for example, standard contractual clauses for transfers subject to the GDPR) and in compliance with the cross-border transfer requirements of the DPDP Act. Further detail is set out in our Privacy Policy.
The clinical/healthcare features may process Sensitive Personal Data, including health data. You acknowledge that you bear primary responsibility, as Controller, for the lawful collection and processing of such data, including obtaining any heightened consent and complying with any sector-specific requirements that apply to you.
Full payment card data is collected and handled directly by our payment gateway and is not stored by BNM. We process only the payment and transaction metadata necessary to operate the Services.
Further detail on the categories of data we handle, retention periods, international transfers, security, and the rights available to individuals is set out in our Privacy Policy, which forms part of these Terms.
The Services include AI assistant and automation features that use third-party AI model providers, including Anthropic (Claude), OpenAI, and Google (Gemini). When you use these features, the relevant inputs you provide and Customer Data you choose to submit may be transmitted to and processed by these providers to generate outputs.
AI-generated outputs are produced automatically and may be inaccurate, incomplete, or unsuitable for your purpose. They are provided for your assistance only and do not constitute professional, medical, legal, or financial advice. You are responsible for reviewing and verifying any AI-generated output before relying on or acting on it, and for ensuring that your use of these features complies with applicable law and with your obligations to your End-Customers.
We will not authorise our AI model providers to use End-Customer Personal Data submitted through the Services to train their general-purpose models except as permitted by our agreements with them and our Privacy Policy. You are responsible for ensuring that you have a lawful basis and any necessary consent to submit Customer Data to AI features, and you must not submit Sensitive Personal Data to these features unless you are entitled to do so.
The Services, including all software, source code, designs, user interfaces, workflows, documentation, trademarks, logos, and all related intellectual property rights, are and remain owned by us or our licensors. Except for the limited licence granted in Section 4, no rights are transferred to you. The names “BNM for Business” and “BNM Admin” and our logos may not be used without our prior written consent.
You retain all ownership of and rights in your Customer Data and any content you upload to or create through the Services. These Terms do not transfer ownership of your content to us.
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and otherwise use your Customer Data solely to the extent necessary to provide, maintain, secure, and support the Services, to comply with law, and as otherwise permitted in our Privacy Policy. This licence ends when the relevant Customer Data is deleted from the Services, except for residual copies retained in backups or as required by law.
If you provide us with suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without obligation or compensation to you.
The Services rely on, integrate with, or are delivered through third-party services and Sub-processors. Your use of those third-party services through the Services is also governed by their respective terms and policies, and we are not responsible or liable for their acts, omissions, availability, or performance. Key third parties and Sub-processors include:
We may add, replace, or remove Sub-processors and third-party providers from time to time. A current list of Sub-processors and further detail, including how we will give notice of changes, are maintained in our Privacy Policy. We are not liable for any unavailability, change, suspension, or discontinuation of any third-party service, or for any loss or damage arising from your use of such services.
We strive to keep the Services available and reliable, but we do not guarantee uninterrupted, timely, secure, or error-free operation. The Services may be unavailable from time to time due to maintenance, updates, third-party outages, or factors beyond our reasonable control.
To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. We do not warrant that the Services will meet your requirements, that any defects will be corrected, or that the Services or the servers that make them available are free of harmful components. We make no warranties regarding outputs of the AI assistant features, which, as described in Section 9, may be inaccurate or incomplete and should not be relied upon as professional, medical, legal, or financial advice.
Some jurisdictions do not allow the exclusion of certain warranties; in that case, the above exclusions apply to the maximum extent permitted by applicable law.
To the fullest extent permitted by applicable law:
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence. The limitations in this Section reflect the allocation of risk between the parties and apply notwithstanding the failure of essential purpose of any limited remedy.
You agree to defend, indemnify, and hold harmless BNM and its affiliates, officers, directors, employees, and agents from and against any claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:
We will notify you of any such claim, allow you to control the defence (with counsel reasonably acceptable to us), and reasonably cooperate at your expense. You may not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.
You may stop using the Services and cancel your Subscription at any time through the Account settings or by contacting support@bnmapp.com. Cancellation takes effect at the end of your then-current billing period, and you remain responsible for fees accrued up to that point. As stated in Section 5, fees already paid are non-refundable except as required by law.
We may suspend or restrict your access to all or part of the Services, or terminate these Terms and your Account, with or without notice, if: you materially breach these Terms and (where the breach is capable of remedy) fail to cure it within a reasonable period after notice; you fail to pay fees when due; your use poses a security, legal, or reputational risk to us, the Services, the Messaging Channels, or others; a third-party provider or Messaging Channel requires it; or we are required to do so by law. We may also suspend immediately where necessary to protect the integrity or security of the Services.
On termination or expiry, your licence to use the Services ends and your access will be disabled. Sections that by their nature should survive termination — including those relating to fees accrued, intellectual property, confidentiality, data protection, indemnification, limitation of liability, governing law, and miscellaneous provisions — will survive.
Following termination, and provided your Account is in good standing, we will make your Customer Data available for export for a limited period (the “data export window”) as described in our Privacy Policy or product documentation. After that window, we will delete or anonymise your Customer Data in accordance with our retention practices and applicable law, except for copies retained in backups (which are deleted on our standard backup cycle) or as legally required. You are responsible for exporting your data within the window.
Each party may receive non-public information of the other that is marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will use the disclosing party’s Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it to third parties except to its personnel and advisers who need it and are bound by confidentiality obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, is independently developed, or is rightfully received from a third party without a duty of confidentiality. A party may disclose Confidential Information if required by law, provided it gives reasonable notice where permitted. This Section does not reduce the protections that apply to Personal Data under Section 8 and our Privacy Policy.
We may update these Terms from time to time to reflect changes in the Services, our practices, or legal requirements. When we make material changes, we will update the “Last updated” date above and provide reasonable notice — for example, by posting a notice within the Services or by email to the address associated with your Account. Changes take effect on the date stated in the notice. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services and may cancel your Subscription.
As described in Section 4, we may also modify, enhance, or discontinue features of the Services. We will use reasonable efforts to give advance notice of changes that materially and adversely affect your use of the Services.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.
The parties will first attempt to resolve any dispute amicably through good-faith discussions. If a dispute cannot be resolved within thirty (30) days, it will be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration will be [city — to be completed], India; the arbitration will be conducted in English by a sole arbitrator appointed in accordance with that Act; and the arbitral award will be final and binding on the parties. Subject to the arbitration provisions above, the courts at [city — to be completed], India, will have exclusive jurisdiction over any matter not subject to arbitration, including applications for interim or injunctive relief.
Nothing in this Section limits any right you or any individual may have to lodge a complaint with a competent data protection or other regulatory authority, including the Data Protection Board of India.
These Terms, together with the Privacy Policy and any documents expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, proposals, and communications, whether oral or written, on the subject.
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed, and the remaining provisions will continue in full force and effect.
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets. Any attempted assignment in breach of this Section is void.
Our failure to enforce any provision of these Terms is not a waiver of that or any other provision, and no waiver is effective unless made in writing.
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labour disputes, governmental action, power or internet failures, or the acts or omissions of third-party providers or Messaging Channels.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between them.
We may provide notices to you through the Services or by email to the address associated with your Account. You may provide notices to us at the contact details set out in Section 20. Notices are deemed given when sent (for electronic notices) or, for postal notices, on receipt.
If you have questions about these Terms or the Services, please contact us:
Legal entity: [Legal entity name and registered address — to be completed]
In accordance with India’s Digital Personal Data Protection Act, 2023, you may contact our Grievance Officer / Data Protection contact regarding the processing of your Personal Data, to raise a grievance, or to exercise your rights as a Data Principal: