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.
• "Price Comparison Data" — prices and related information you upload for other platforms, as described in "Restaurant-Provided Price Comparison Data".

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, Fees & Taxes

• Subscription plans. Features and limits depend on your selected plan, as described at sign-up or on our pricing page.
• 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.
• 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. Restaurant-Provided Price Comparison Data

The Service lets you upload, as an Excel or CSV file, prices that you state are offered or listed for your items on other food-delivery, ordering, marketplace, or similar platforms ("Third-Party Platforms"), and show your end-customers a comparison between your own price on SAMVAAD and those prices ("Price Comparison Data"). This section applies whenever you use that feature, in addition to the rest of these Terms.

a) Your responsibility

You are solely responsible for the accuracy, completeness, currency, and legitimacy of any Third-Party Platform prices, menu or item information, platform names, and other data you upload, and for ensuring that each uploaded price accurately represents the price you intend to report for the relevant Third-Party Platform at the relevant time.

b) Source of the information

Price Comparison Data is supplied by you. RecursX generally does not independently verify restaurant-uploaded Third-Party Platform pricing before displaying it, and does not do so unless we expressly state otherwise. SAMVAAD labels these prices to end-customers as supplied by the restaurant, and does not present them as an independently verified statement of any Third-Party Platform's current price.

c) Your authorisation and rights

By uploading Price Comparison Data, you represent and warrant that:

• you are authorised to provide the information to RecursX;
• you have the necessary rights, permissions, or other lawful basis to provide the information and to have it displayed as described in this section;
• uploading and displaying the information does not knowingly violate any applicable agreement (including your agreements with any Third-Party Platform), law, regulation, intellectual-property right, confidentiality obligation, or other third-party right; and
• you will not upload information that you are prohibited from sharing.

Each upload asks you to confirm that you are authorised to provide the information, that to the best of your knowledge it is accurate and may lawfully be provided, and that you understand RecursX does not verify it and that you are responsible for it. By uploading, you also give the representations above. We keep a record of each confirmation (when it was given, its wording, and the request it came from). The confirmation records your statement; it does not change the allocation of responsibilities in these Terms or remove any right or obligation that applicable law gives either party.

d) Prices change

Third-Party Platform prices may change because of offers, discounts, location, taxes, delivery charges, platform fees, restaurant-specific pricing, time, availability, or other factors. RecursX does not guarantee that an uploaded price matches the price subsequently displayed or charged by the relevant Third-Party Platform, and SAMVAAD tells end-customers that these prices may differ from the current price or final checkout price on that platform.

e) No affiliation

Displaying a Third-Party Platform's name, as entered by you, does not mean that RecursX or SAMVAAD is affiliated with, endorsed by, sponsored by, or partnered with that platform, unless we expressly state otherwise. Platform names may be trademarks of their owners; you may use them only to identify the platform your prices relate to.

f) Third-Party Platforms

RecursX is not responsible for the pricing, availability, offers, fees, taxes, menu information, service availability, or other information displayed or charged by any Third-Party Platform.

g) Claims arising from your uploads

Subject to applicable law and the rest of these Terms (including "Indemnification" and "Limitation of Liability"), you are responsible for claims, disputes, and losses arising from Price Comparison Data you upload, including claims that it is inaccurate, unauthorised, misleading, or improperly provided.

h) Removal

We may remove, disable, modify, or refuse to display any Price Comparison Data if we receive a complaint, legal notice, rights-holder request, or Third-Party Platform request about it, or if we otherwise reasonably believe that it may violate applicable law, third-party rights, or our policies. Where appropriate, we will tell you what was removed and why. You can also remove or replace your own Price Comparison Data at any time from your dashboard.

i) Complaints

Any restaurant, Third-Party Platform, rights holder, or other person who believes that Price Comparison Data shown through SAMVAAD is inaccurate, unauthorised, infringing, or misleading can contact us at hello@recursx.in with the subject "Price Comparison Complaint", including: the restaurant / business name, the platform name and items concerned, why the information is believed to be inaccurate, unauthorised, infringing, or misleading, and the complainant's contact details (and, for a rights holder, the right concerned). We will acknowledge the complaint, review it, may disable the information while we do, and will inform the business that uploaded it where appropriate. This does not affect any other remedy available under applicable law.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. Contact Us

Questions about these Terms? Contact us:

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