Terms & Conditions

1. Acceptance of Terms

By accessing or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity. If you do not agree, you must not use the Service.

2. Definitions

• "Service" — the SAMVAAD platform, website, dashboard, APIs, and related offerings.
• "Account" — your registered account used to access the Service.
• "Customer Content" — catalog data, FAQs, configurations, and other materials you provide.
• "End-Customer" — an individual who interacts with your business via WhatsApp using the Service.
• "Subscription" — your selected plan and billing arrangement for the Service.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract under the laws of India to use the Service. The Service is intended for business / commercial use. You are responsible for ensuring that your use complies with all laws applicable to your business.

4. Account Registration & Security

• You must provide accurate, current, and complete information and keep it updated.
• You are responsible for safeguarding your login credentials and for all activity under your Account.
• You must notify us promptly of any unauthorised use or suspected breach of your Account.
• We may refuse, suspend, or terminate accounts that violate these Terms or that we reasonably believe are fraudulent or abusive.

5. Description of the Service

SAMVAAD is an AI assistant that operates on your WhatsApp Business number to answer end-customers, share catalog information, capture orders, generate payment links, and (for eligible plans) book appointments. The AI generates responses based on the catalog and content you provide. The Service depends on third-party platforms (notably Meta / WhatsApp and payment providers) and is provided on an evolving basis — features may be added, changed, or removed.

6. Plans, Free Trial, Fees & Taxes

• Subscription plans. Features and limits depend on your selected plan, as described at sign-up or on our pricing page.
• Free trial. We may offer a free trial. Unless you cancel before it ends, your subscription may convert to a paid plan, and applicable fees will apply.
• Fees. You agree to pay all fees for your plan. Fees are stated exclusive of taxes unless otherwise noted.
• Taxes. You are responsible for applicable taxes (including GST). We will issue GST invoices where required.
• Third-party charges. Meta may levy per-conversation charges and payment providers may charge transaction fees. These are separate from our fees and are your responsibility.

7. Billing, Renewals & Price Changes

• Subscriptions renew automatically for the same period unless cancelled before the renewal date.
• You authorise us (and our payment processor) to charge your chosen payment method for recurring fees.
• We may change prices; we will give reasonable advance notice, and changes apply from your next billing cycle.
• Failure to pay may result in suspension or termination of the Service.

8. Cancellation & Refund Policy

You may cancel your subscription at any time from your dashboard or by contacting us. Cancellation stops future renewals; it does not retroactively refund the current billing period unless required by law or expressly stated.

• No lock-in. There is no long-term lock-in; you can cancel whenever you choose.
• Free trial. No charge applies if you cancel before the trial ends.
• Pro-rata / discretionary refunds. Except where required by law, fees already paid are generally non-refundable; we may, at our discretion, offer credits or refunds in cases of prolonged service failure attributable to us.
• Third-party fees (e.g., Meta conversation charges, payment-gateway fees) are non-refundable by us as they are charged by third parties.

On cancellation, you may request an export of your data, after which deletion follows our Account Deletion Policy.

9. Acceptable Use

You agree not to use the Service to:

• Send spam, bulk unsolicited messages, or messages to people who have not opted in, in violation of WhatsApp / Meta policies or applicable law.
• Sell or promote illegal, prohibited, counterfeit, or restricted goods or services.
• Violate the WhatsApp Business Messaging Policy, WhatsApp Commerce Policy, or Meta's platform terms.
• Infringe intellectual property, privacy, or other rights of any person.
• Transmit malware, attempt to gain unauthorised access, or interfere with the Service's operation or security.
• Misrepresent your identity, send deceptive content, or engage in fraud.
• Reverse engineer, scrape, or resell the Service except as permitted by law.

Violations may result in immediate suspension or termination, and you remain responsible for your use of the Service and any messages sent through it.

10. Your Responsibilities & Content

• Consent to message. You represent that you have a lawful basis and the necessary consents to message your end-customers via WhatsApp.
• Merchant of record. You are solely responsible for the products, services, prices, fulfilment, and customer service you offer. We are a software provider, not the seller.
• Accuracy. You are responsible for the accuracy of your catalog, prices, and configured responses.
• Lawful operation. You must comply with all laws applicable to your business, including consumer-protection, e-commerce, and data-protection laws.

You grant us a limited, non-exclusive licence to host, process, and display Customer Content solely to provide and improve the Service for you. You retain all ownership of your Customer Content.

11. Third-Party Services

The Service relies on third-party platforms including Meta / WhatsApp, Google (AI), AWS, and payment providers such as Razorpay. Your use of those services is subject to their respective terms and policies. We are not responsible for the acts, omissions, availability, or policies of third parties, and changes they make may affect the Service.

12. Payments & Settlement for End-Customer Orders

Payments made by your end-customers are processed by a third-party payment provider and are settled directly to your account. We do not hold, control, or take custody of your funds. Any disputes, chargebacks, refunds, or settlement issues relating to end-customer payments are between you, your end-customer, and the payment provider, subject to that provider's terms.

13. AI Output Disclaimer

The Service uses AI to generate responses. While SAMVAAD is designed to answer only from your catalog and to escalate when uncertain, AI can still produce errors or unexpected output. You are responsible for reviewing and overseeing the AI's interactions, and you can take over conversations manually at any time. AI output is not professional, legal, medical, or financial advice.

14. Intellectual Property

The Service, including its software, design, trademarks (including "SAMVAAD" and "RecursX"), and all related intellectual property, is owned by RecursX Innovations Private Limited or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. You may not copy, modify, distribute, or create derivative works of the Service except as permitted by law or these Terms. You retain ownership of your Customer Content.

15. Confidentiality

Each party may access confidential information of the other. Each party agrees to protect the other's confidential information with reasonable care and to use it only to perform under these Terms, except where disclosure is required by law.

16. Data Protection

Our handling of personal data is governed by our Privacy Policy. Where we process your end-customers' personal data on your behalf, we act as your processor and process such data only on your instructions and to provide the Service, consistent with applicable data-protection law including the DPDP Act, 2023.

17. Service Availability & Support

We strive to keep the Service available and reliable, and to provide support appropriate to your plan. However, the Service may be temporarily unavailable due to maintenance, updates, or factors outside our control (including third-party platform outages). Unless a separate written service-level agreement applies, the Service is provided without a guaranteed uptime commitment.

18. Suspension & Termination

We may suspend or terminate your access if you breach these Terms, fail to pay, create legal or security risk, or violate third-party platform policies. You may stop using the Service and cancel at any time. On termination, your right to use the Service ends, and data handling follows our Account Deletion Policy. Provisions that by their nature should survive termination (e.g., payment obligations, IP, disclaimers, limitation of liability) will survive.

19. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Service will meet all your requirements or that AI output will always be accurate.

20. Limitation of Liability

To the maximum extent permitted by law, RecursX and its directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service.

Our total aggregate liability for any claims arising out of or relating to these Terms or the Service will not exceed the amount you actually paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

21. Indemnification

You agree to indemnify and hold harmless RecursX and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Customer Content, your use of the Service, your products or services sold to end-customers, your breach of these Terms, or your violation of any law or third-party right.

22. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, internet or telecom failures, power outages, or third-party platform outages.

23. Governing Law & Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict-of-laws principles. Subject to any applicable mandatory law, the parties will first attempt to resolve disputes amicably. Failing that, disputes will be subject to the exclusive jurisdiction of the courts of Indore, Madhya Pradesh, India. Where the parties agree, disputes may be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, seated in Indore, India.

24. Changes to These Terms

We may update these Terms from time to time. When changes are material, we will update the "Last updated" date and notify you through the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

25. Contact Us

Questions about these Terms? Contact us:

• Entity: RecursX Innovations Private Limited
• Email: hello@recursx.in
• Address: Indore, Madhya Pradesh, India