Terms of Service

1. Introduction and Acceptance

These Terms of Service govern access to and use of the websites, software, applications, APIs, integrations, modules, support and related services provided by iTechSarathi Private Limited under the brand iTechSarathi.

By creating an account, accepting a proposal or order form, purchasing a subscription, connecting an integration, accessing the platform or otherwise using the services, you agree to these Terms.

If you use the services on behalf of a company or organization, you represent that you are authorized to bind that organization. In that case, “Customer,” “you” and “your” refer to that organization.

If you do not agree to these Terms, do not access or use the services.

2. Company Details

• Service Provider: iTechSarathi Private Limited
• Brand: iTechSarathi
• Registered Office: 501 & 502, RM Arcade, Takshashila School Road, Nirant Cross Road, Near Karnavati, Vastral, Ahmedabad, Gujarat – 382415, India
• Email: admin@itechsarathi.in
• Phone: +91 72038 23823

3. Definitions

• “Account” means an account used to access the services.
• “Authorized User” means an employee, contractor, agent or other individual whom the Customer permits to use the services.
• “Customer Data” means information, records, messages, files, documents, instructions and other content submitted to or processed through the services by or for the Customer.
• “Documentation” means user guides, technical instructions and product documentation made available by iTechSarathi.
• “Order Form” means a proposal, quotation, subscription order, statement of work or other commercial document accepted by the parties.
• “Services” means the iTechSarathi platform, modules, integrations, APIs, support and related offerings.
• “Third-Party Service” means a product or service provided by an entity other than iTechSarathi.

4. Description of Services

iTechSarathi provides an AI-powered business operating platform. Depending on the Customer’s subscription and configuration, the Services may include:

• Customer Relationship Management;
• lead, enquiry and opportunity management;
• sales, quotation and target management;
• order and dispatch management;
• purchase, procurement and vendor management;
• inventory, stock and warehouse management;
• manufacturing, production, machine and shop-floor management;
• product, variant and bill-of-material management;
• finance, invoicing, costing, accounting and profitability reporting;
• Human Resource Management System;
• payroll, attendance, shift and leave management;
• project, task and workflow management;
• helpdesk, complaint and grievance management;
• appointment and calendar scheduling;
• document and knowledge management;
• WhatsApp and supported communication integrations;
• dashboards, business intelligence and analytics;
• AI-generated reply suggestions and summaries;
• AI chatbots and AI voice agents;
• document, image, audio and message analysis;
• lead, task and intent detection;
• knowledge-base automation; and
• other modules introduced from time to time.

Specific features, usage limits, implementation work, support levels and commercial terms may be described in an Order Form.

5. Eligibility and Business Use

The Services are primarily intended for lawful business and organizational use.

An account administrator must:

• be at least 18 years old;
• have authority to represent the Customer;
• provide accurate registration and business information;
• maintain current account information; and
• use the Services only for lawful purposes.

The Customer is responsible for determining whether the Services are appropriate for its business, industry and regulatory requirements.

6. Accounts and Authorized Users

The Customer is responsible for:

• all activity conducted through its Accounts;
• controlling and supervising Authorized Users;
• assigning appropriate roles and permissions;
• maintaining accurate user details;
• removing access when it is no longer required;
• protecting credentials, devices, tokens and API keys;
• enabling available security controls;
• promptly informing iTechSarathi of suspected unauthorized access; and
• ensuring that Authorized Users comply with these Terms.

Credentials must not be shared between individuals unless the applicable feature expressly supports shared access.

7. Customer Responsibilities

The Customer must:

• comply with applicable law;
• obtain required permissions, notices, consent and opt-in;
• ensure Customer Data is collected, submitted and processed lawfully;
• maintain accurate records;
• configure access, workflows and automations responsibly;
• review AI-generated and automated outputs;
• ensure communications are sent only to appropriate recipients;
• honour opt-out, correction and deletion requests;
• maintain backups or exports appropriate to its business needs;
• protect integration credentials; and
• cooperate with reasonable security, verification and compliance requests.

The Customer remains responsible for its business operations and decisions made using the Services.

8. Acceptable Use

The Customer and Authorized Users must not use the Services to:

• violate applicable law or another person’s rights;
• send spam, unlawful marketing or unsolicited communications;
• mislead, deceive or impersonate another person or organization;
• harass, threaten, exploit or discriminate unlawfully;
• distribute malware or harmful code;
• gain or attempt unauthorized access to systems or data;
• interfere with the availability, security or integrity of the Services;
• bypass technical restrictions or usage limits;
• scan, probe or test vulnerabilities without written authorization;
• scrape, export or extract data in an unauthorized manner;
• reverse engineer the Services except where such restriction is prohibited by law;
• resell or provide unauthorized access to the Services;
• process stolen or unlawfully obtained data;
• infringe intellectual-property, confidentiality or privacy rights;
• facilitate fraud, exploitation, terrorism or criminal activity;
• send communications to people who have opted out;
• use the Services for prohibited or restricted content; or
• use the Services in a way that creates a material security, legal or reputational risk.

We may investigate suspected misuse and suspend affected Accounts or functionality where reasonably necessary.

9. WhatsApp and Meta Services

Where the Customer uses WhatsApp functionality, the Customer is responsible for:

• maintaining a valid Meta Business Portfolio and WhatsApp Business Account;
• maintaining ownership or authorization for connected phone numbers;
• providing accurate business-profile information;
• obtaining recipient opt-in or another appropriate lawful basis;
• maintaining evidence of opt-in where applicable;
• using approved templates where required;
• respecting applicable customer-service-window requirements;
• honouring opt-out requests;
• complying with Meta and WhatsApp policies;
• monitoring account quality, messaging restrictions and limits;
• maintaining the required Meta billing method; and
• paying applicable Meta or WhatsApp charges.

The Customer must not use WhatsApp functionality to send misleading, unlawful, abusive or unsolicited messages.

iTechSarathi does not guarantee:

• approval of a business display name;
• approval of a message template;
• verification of an official business account;
• a particular messaging limit or quality rating;
• restoration of a restricted or suspended account;
• continuous availability of Meta services; or
• continued eligibility for any WhatsApp feature.

Meta or WhatsApp may reject, restrict, suspend or terminate accounts, numbers, templates or capabilities independently of iTechSarathi.

10. Google Services and Integrations

Where the Customer connects Google OAuth, Calendar, Workspace or another supported Google service, the Customer is responsible for:

• maintaining a valid Google account;
• granting only appropriate permissions;
• ensuring that Authorized Users have authority to connect the account;
• reviewing Google’s terms and privacy settings;
• protecting Google credentials and access rights; and
• revoking the integration when it is no longer required.

iTechSarathi will use the granted access only to provide the enabled feature, subject to the Customer’s configuration and the applicable permission scope.

Google may change APIs, quotas, authorization requirements or service availability independently of iTechSarathi.

11. Artificial Intelligence Features

11.1 Nature of AI outputs

AI capabilities may generate replies, summaries, classifications, predictions, recommendations, extracted information, voice responses, workflow suggestions and other automated outputs.

AI outputs may be incorrect, incomplete, outdated, biased or unsuitable for the intended purpose.

11.2 Human review

The Customer must apply appropriate human review before relying on an AI output for:

• healthcare or medical decisions;
• legal or regulatory decisions;
• financial, credit or investment decisions;
• employment decisions;
• safety-critical activities;
• contractual commitments;
• pricing decisions; or
• any decision materially affecting an individual.

AI features are intended to assist rather than replace qualified professional judgment.

11.3 Prohibited AI use

The Customer must not use AI features to:

• create unlawful or deceptive content;
• impersonate an individual without authorization;
• make prohibited discriminatory decisions;
• provide unauthorized medical diagnoses;
• provide misleading legal, tax, financial or investment advice;
• facilitate fraud, cyber abuse or harmful activity;
• generate instructions intended to cause injury or illegal conduct;
• bypass safety controls; or
• violate another person’s rights.

11.4 Customer responsibility

The Customer is responsible for:

• the information submitted to AI features;
• determining whether personal or confidential data should be submitted;
• obtaining required authorization and consent;
• reviewing and correcting outputs;
• ensuring appropriate human oversight; and
• deciding whether and how an output is used.

12. Customer Data

12.1 Ownership

As between iTechSarathi and the Customer, the Customer retains its rights in Customer Data.

12.2 Processing permission

The Customer grants iTechSarathi a limited right to host, copy, transmit, process, analyze and display Customer Data solely as necessary to:

• provide the Services;
• operate configured integrations and automations;
• provide support;
• maintain security, reliability and backups;
• prevent misuse;
• comply with law; and
• perform other activities authorized by the Customer.

12.3 Customer warranties

The Customer represents that:

• it has the right and authority to submit Customer Data;
• its instructions are lawful;
• required notices and consent have been obtained;
• Customer Data does not unlawfully infringe another person’s rights; and
• processing through the Services complies with applicable requirements.

13. Privacy and Data Protection

Personal data is processed according to:

• the iTechSarathi Privacy Policy;
• these Terms;
• the applicable Order Form;
• a Data Processing Agreement where executed; and
• applicable law.

When iTechSarathi processes personal data on the Customer’s instructions, the Customer generally acts as the Data Fiduciary or controller and iTechSarathi generally acts as the Data Processor or service provider.

The Customer must not instruct iTechSarathi to process personal data unlawfully.

14. Confidentiality

Each party may receive confidential information from the other. The receiving party will:

• use confidential information only for the agreed purpose;
• protect it using reasonable care;
• disclose it only to persons who require access;
• ensure those persons are subject to confidentiality obligations; and
• not disclose it to a third party except as permitted by these Terms or law.

Confidential information does not include information that:

• becomes public without breach;
• was lawfully known before disclosure;
• is independently developed without using the confidential information; or
• is lawfully received from a third party without confidentiality restrictions.

A party may disclose confidential information where legally required, subject to providing notice where legally permitted.

15. Intellectual Property

iTechSarathi and its licensors retain all rights in the platform, software, source code, APIs, architecture, workflows, designs, documentation, models, templates, branding and related intellectual property.

Except for the limited right to use the Services during an active subscription, no ownership right is transferred to the Customer.

The Customer must not copy, distribute, resell, modify or create derivative works from the Services except as expressly authorized in writing.

16. Feedback

If the Customer provides suggestions or feedback, iTechSarathi may use that feedback to improve its products and services without payment or restriction, provided it does not disclose Customer confidential information without authorization.

17. Third-Party Services

The platform may depend on services provided by Meta, WhatsApp, Google and Amazon Web Services.

These services are governed by the applicable provider’s terms, policies, technical limits and availability.

The Customer acknowledges that:

• Meta or WhatsApp may approve, reject, restrict or suspend WhatsApp accounts, numbers, templates or messaging capabilities;
• Google may change APIs, authorization requirements, quotas or features;
• cloud and internet infrastructure may experience downtime or disruption;
• third-party pricing may change independently of iTechSarathi;
• additional provider terms may apply;
• the Customer is responsible for maintaining valid third-party accounts and permissions; and
• iTechSarathi is not responsible for decisions or service changes made independently by a third-party provider.

We will use commercially reasonable efforts to maintain supported integrations but do not guarantee continuous availability of any third-party service.

18. Fees, Invoicing and Taxes

The Customer will pay the fees stated in the applicable Order Form.

Unless otherwise stated:

• fees are exclusive of applicable taxes;
• taxes will be charged as required by law;
• invoices are payable by the stated due date;
• subscription fees may be charged in advance;
• usage-based fees may be billed in arrears;
• third-party usage charges are additional;
• payment obligations are non-cancellable; and
• paid fees are non-refundable except where expressly stated or required by law.

Overdue amounts may result in suspension, restriction of features, legally permitted late charges, recovery costs or termination.

19. Third-Party Usage Charges

Meta, WhatsApp, Google, telephony, email, AI, storage or other providers may charge based on messages, country, category, calls, model usage, storage, API requests or other consumption.

The Customer is responsible for applicable third-party charges unless the Order Form expressly states otherwise. Third-party pricing may change independently of iTechSarathi.

20. Trials, Demonstrations and Beta Features

Trials, demonstrations, previews and beta features may:

• have limited functionality;
• be changed or discontinued;
• contain errors;
• have reduced support;
• be subject to separate limits; and
• be unsuitable for production or critical use.

Unless expressly stated otherwise, beta features are provided without service-level commitments.

21. Availability, Maintenance and Support

iTechSarathi will use commercially reasonable efforts to provide the Services.

The Services may be unavailable because of scheduled or emergency maintenance, infrastructure failure, internet or telecommunications failure, a security incident, third-party outage, government action, force majeure or another event outside reasonable control.

Support scope, response times and service levels may be specified in an Order Form or support plan.

22. Changes to the Services

iTechSarathi may modify the Services to add features, improve performance, address security issues, comply with law, respond to third-party API changes, remove obsolete functionality or improve user experience.

Where practicable, reasonable notice will be provided if a change materially reduces a paid core feature.

23. Suspension

iTechSarathi may suspend access where reasonably necessary because of:

• overdue payment;
• a security risk;
• unauthorized use;
• suspected fraud or misuse;
• legal or regulatory requirements;
• violation of these Terms;
• violation of a third-party platform’s policies;
• excessive usage affecting other customers; or
• risk to the Services, providers or third parties.

Where practicable, we will provide notice and an opportunity to remedy the issue.

24. Term and Termination

These Terms continue while the Customer uses the Services.

Either party may terminate in accordance with the applicable Order Form.

iTechSarathi may terminate or disable access where:

• a material breach is not corrected within a reasonable notice period;
• use is unlawful;
• continued service creates a material security or legal risk;
• required third-party access is withdrawn;
• the Customer becomes insolvent; or
• payment remains overdue after notice.

25. Effect of Termination

Following termination:

• access may be disabled;
• integrations may be disconnected;
• automations may stop;
• outstanding fees remain payable;
• the Customer should export required data within any available export period; and
• Customer Data will be handled according to the applicable retention and deletion terms.

Provisions relating to payment, confidentiality, intellectual property, liability, indemnity and dispute resolution survive termination.

26. Data Export and Deletion

Available export functionality depends on the subscribed modules and configuration.

The Customer should export required information before termination. Following the applicable retention period, iTechSarathi may delete or anonymize Customer Data unless a longer period is agreed or legally required.

Deletion instructions are available at: https://itechsarathi.in/data-deletion

27. Customer Indemnity

To the extent permitted by law, the Customer will defend, indemnify and hold harmless iTechSarathi and its officers, employees and affiliates against third-party claims, losses, penalties and reasonable costs arising from:

• unlawful Customer Data;
• the Customer’s violation of law;
• messages sent without required authorization;
• infringement caused by Customer Data;
• misuse by Authorized Users;
• the Customer’s products, services or business activities;
• violation of Meta, WhatsApp, Google or other provider policies; or
• use of AI outputs without appropriate review.

This obligation does not apply to the extent the claim was caused by iTechSarathi’s proven fraud or wilful misconduct.

28. Disclaimers

To the maximum extent permitted by law:

• the Services are provided on an “as available” basis;
• no online software service can be guaranteed to be uninterrupted or error-free;
• iTechSarathi does not guarantee a particular business result;
• reports, extracted information and AI outputs may require verification;
• iTechSarathi does not provide legal, medical, tax, accounting or investment advice;
• third-party services are outside iTechSarathi’s control; and
• the Customer remains responsible for its business decisions and compliance obligations.

Nothing in these Terms excludes a warranty that cannot lawfully be excluded.

29. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary or consequential damages, loss of anticipated profits, loss of goodwill or loss of opportunity.

Except for liability that cannot lawfully be limited, each party’s aggregate liability arising from or relating to the Services will not exceed the fees paid or payable by the Customer for the affected Services during the 12 months immediately preceding the event giving rise to the claim.

The limitation does not apply to:

• fraud or wilful misconduct;
• deliberate unauthorized use of the other party’s intellectual property;
• deliberate breach of confidentiality; or
• the Customer’s payment obligations.

30. Force Majeure

Neither party is liable for delay or failure caused by events outside its reasonable control, including natural disasters, war, civil disturbance, government action, epidemic, power or internet failure, telecommunications failure, cloud-provider outage or widespread cyberattack.

The affected party will use reasonable efforts to reduce the impact.

31. Governing Law and Dispute Resolution

These Terms are governed by the laws of India.

The parties will first attempt to resolve a dispute through good-faith discussions.

If the dispute is not resolved within 30 days, it may be referred to arbitration under the Arbitration and Conciliation Act, 1996.

The arbitration will:

• be conducted by a sole arbitrator mutually appointed by the parties;
• have its seat and venue in Ahmedabad, Gujarat;
• be conducted in English; and
• result in a binding award.

Courts located in Ahmedabad, Gujarat will have jurisdiction for matters not capable of arbitration and for interim or enforcement relief.

Nothing prevents either party from seeking urgent protective relief.

32. Changes to These Terms

iTechSarathi may update these Terms to reflect changes in the Services, third-party integrations, law, security requirements or business operations.

Material changes may be communicated through the website, platform or email where reasonably practicable. Continued use after the effective date constitutes acceptance except where fresh consent is legally required.

33. General Provisions

If a provision is held unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. The Customer may not assign these Terms without iTechSarathi’s written consent, except as part of a lawful corporate reorganization or sale of substantially all relevant assets. iTechSarathi may assign these Terms in connection with a corporate transaction or reorganization.

The Order Form, these Terms, the Privacy Policy and any executed Data Processing Agreement form the agreement governing the applicable Services. If there is a conflict, the negotiated Order Form or Data Processing Agreement controls for its specific subject matter.

34. Contact