Terms of Service

Last updated: 28th March, 2025

These Terms and Conditions, along with our Privacy Policy and any other applicable terms (collectively, the "Terms"), constitute a legally binding agreement between you ("you" or "your") and WHISMURWAVE INC, operating under the brand name "Baatuni" (referred to as "Baatuni", "we", "us", or "our").

These Terms govern your access to and use of our website, applications, APIs, products, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must discontinue use of the Services immediately.

We reserve the right to modify or update these Terms at any time without prior notice. Continued use of the Services after any changes constitutes acceptance of the updated Terms.

1. Access and Registration

To access certain features of the Services, you may be required to create an account and provide accurate, current, and complete information.

You agree to:

  • Maintain and promptly update your account information;
  • Keep your login credentials secure;
  • Be fully responsible for all activities conducted through your account.

Baatuni shall not be liable for any unauthorized access to your account or any communications, actions, or transactions initiated through your account.

2. Acceptable Use

Prohibited Activities

You agree not to use the Services for any unlawful, fraudulent, abusive, harmful, or malicious purpose, including but not limited to:

  • Harassment, threats, or cyberbullying;
  • Fraudulent or deceptive communications;
  • Spam or unauthorized marketing;
  • Violating intellectual property rights;
  • Impersonation or identity misuse;
  • Transmitting illegal, offensive, or harmful content;
  • Attempting to disrupt, damage, or gain unauthorized access to the Services.

Enforcement

Violation of these Terms may result in suspension or permanent termination of your access to the Services and may expose you to civil or criminal liability under applicable laws.

You agree to indemnify and hold harmless Baatuni from any claims, damages, losses, liabilities, or expenses arising from your misuse of the Services.

3. User Responsibility for Communications

You acknowledge and agree that you are solely responsible for all communications, content, interactions, or transactions conducted through the Services.

Baatuni acts solely as a technology platform and does not monitor, verify, endorse, or assume responsibility for user-generated communications or content.

In the event of any dispute, complaint, legal claim, or regulatory action arising from your use of the Services, you agree to bear full responsibility and indemnify Baatuni against any resulting liabilities, damages, costs, or legal expenses.

4. Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, Baatuni disclaims all warranties, including but not limited to:

  • Merchantability;
  • Fitness for a particular purpose;
  • Non-infringement;
  • Accuracy, reliability, or availability of the Services.

We do not guarantee that:

  • The Services will be uninterrupted or error-free;
  • Defects will be corrected;
  • The Services will meet your specific requirements.

Your use of the Services is entirely at your own risk.

5. Payments and Billing

Certain Services may require payment of applicable fees.

By purchasing or subscribing to paid Services, you agree to:

  • Pay all applicable charges and taxes;
  • Provide valid payment information;
  • Authorize us to charge the selected payment method.

All payments are non-refundable except as expressly stated in these Terms or required by applicable law.

6. Third-Party Services and Links

The Services may contain integrations, links, or references to third-party websites, tools, or services.

Baatuni is not responsible for:

  • The availability or accuracy of third-party content;
  • Third-party privacy practices;
  • Any damages or losses caused by third-party services.

Your interactions with third-party services are governed solely by their respective terms and policies.

7. Refund Policy

Service Failure Refunds

If Baatuni fails to provide a purchased Service, you may request a refund within seven (7) days from the scheduled service date or purchase date.

Refund Eligibility

Refund requests submitted after the seven-day period will not be eligible for review.

Non-Refundable Situations

Refunds will not be provided for:

  • User misuse or violation of these Terms;
  • Failure caused by user-side issues;
  • Third-party outages or circumstances beyond our reasonable control.

8. Legal Compliance and Indemnification

You agree to comply with all applicable local, national, and international laws while using the Services.

You further agree to indemnify, defend, and hold harmless WHISMURWAVE INC, Baatuni, its affiliates, officers, directors, employees, contractors, and agents from any claims, damages, liabilities, losses, or expenses arising out of:

  • Your breach of these Terms;
  • Your misuse of the Services;
  • Your communications or interactions with third parties;
  • Any violation of applicable laws or regulations.

9. Intellectual Property

All content, trademarks, branding, software, designs, text, graphics, logos, and technology associated with Baatuni are owned by or licensed to WHISMURWAVE INC and are protected under applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, reverse engineer, or exploit any part of the Services without prior written consent.

10. Limitation of Liability

To the fullest extent permitted by law, Baatuni and WHISMURWAVE INC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunities arising from your use of the Services.

Our total aggregate liability shall not exceed the amount paid by you for the Services during the preceding three (3) months.

11. Modifications to Services

We reserve the right to modify, suspend, discontinue, or update any part of the Services at any time without prior notice.

We shall not be liable for any modification, interruption, or discontinuation of the Services.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction where WHISMURWAVE INC is registered.

Any disputes arising from or related to these Terms or the Services shall be resolved through applicable legal procedures and courts of competent jurisdiction.