Terms of Service

Definitions

In these Terms:

"Account" means the workspace created for a Customer on the Service, together with the user logins associated with it.

"Customer Data" means all data, including personal data, that the Customer or its Users enter into, upload to or generate through the Service, other than Account Data as defined in the Privacy Policy.

"Fees" means the charges payable for a Plan, a Top-up or any other part of the Service, as shown on the Plan Page or in the Account at the time of purchase.

"Free Plan" means the plan, carrying no charge, to which an Account moves under clause 3.8.

"Plan" means a subscription plan offered for the Service, with the features and allowances described on the Plan Page.

"Plan Page" means the pricing and plan information published by the Company at [WEBSITE URL] and shown in the Account.

"Service" means the software service known as [PRODUCT NAME], made available by the Company over the internet, including its websites, applications and related support.

"Subscription Period" means the period (monthly, quarterly, half-yearly or yearly) for which a Plan has been paid.

"Top-up" means an additional allowance purchased for an Account without changing its Plan.

"User" means any individual who accesses the Account, including its owner, the members the owner invites and sub-agents.

1. The service

1.1 The Service is a business tool that enables insurance agents, agencies and brokers to record and manage their clients, policies, renewals, premium dues, claims, commissions, leads and related communications.

1.2 The Service is a record-keeping and communication tool only. The Company is not an insurer or an insurance intermediary, and does not solicit, procure, advise on or service insurance on behalf of any person. Nothing in the Service constitutes insurance, legal, tax or financial advice.

1.3 Premium and other payments that a Customer records against a policy are records made by the Customer. The Service does not collect, hold or transfer those amounts, and the Company is not responsible for their accuracy or receipt.

1.4 The Customer is solely responsible for its compliance with the Insurance Act, 1938, the regulations and directions of the Insurance Regulatory and Development Authority of India, and any other law that applies to the Customer's business.

1.5 The Company may improve, modify or discontinue any feature of the Service. Where a change materially reduces the functionality of a Plan for which the Customer has paid, the Company will notify the Customer in advance.

2. Your account

2.1 To use the Service, a person must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872. The Service is provided for business use only.

2.2 The Customer shall provide accurate and complete information at sign-up, including billing details, and shall keep that information current.

2.3 Users sign in using a one-time code sent to their email address or by such other method as the Service provides. Each User is responsible for the security of the email account and devices used to sign in. The Customer shall notify the Company without delay of any unauthorised access to the Account.

2.4 The owner of the Account controls who may access it and the role each User holds. The Customer is responsible for the acts and omissions of all Users of its Account as if they were its own.

2.5 Each User shall accept the then current Terms and Privacy Policy before first using the Account and shall accept any materially revised version before continuing to use it.

3. Plans, the trial and payment

3.1 Free trial. A new Account may use the Plan selected at sign-up free of charge for 7 days (the "Trial"), subject to the allowances stated on the Plan Page for trials. No Fees are charged for the Trial.

3.2 Automatic payment from the end of the Trial. If the Customer enables automatic payment during sign-up or the Trial, the first payment for the selected Plan and billing term will be charged on the day the Trial ends, and the Customer will be notified at least 24 hours before the charge. The Customer may turn automatic payment off at any time before the charge.

3.3 Fees and taxes. Fees are stated in Indian Rupees and are exclusive of Goods and Services Tax, which is charged in addition at the applicable rate. The Company will issue a tax invoice for every payment received.

3.4 Price for each period. The Fee for each Subscription Period is the price applicable to the Customer's Plan at the start of that period, as shown in the Account. Where the Plan Page or the checkout offers a price that is fixed for a stated duration, that price applies for the duration stated.

3.5 Recurring payment. Where the Customer authorises recurring payment, the Customer authorises the Company, through its payment service provider, to charge the Fees for each Subscription Period to the payment method on record, in accordance with the directions of the Reserve Bank of India on recurring transactions. The Company will notify the Customer at least 24 hours before each such charge. Payment methods are held by the payment service provider and not by the Company.

3.6 Changes of Plan. An upgrade takes effect immediately, and the unused portion of the current Subscription Period is credited against the Fee for the new Plan. A change of Plan does not delete Customer Data. Where the Account holds more than a lower Plan allows, existing records remain available but further additions may be restricted until the Account is within its allowance.

3.7 Allowances and Top-ups. Each Plan carries allowances, such as the number of policies, Users, sub-agents and message credits. When an allowance is reached, the next addition of that kind is refused; existing records are not affected. Top-ups may be purchased as stated on the Plan Page. A Top-up that adds capacity, such as policies, Users or sub-agents, renews with the Subscription Period. A Top-up of consumable credits, such as SMS credits, does not expire.

3.8 Non-payment. If the Trial ends without payment, if a Subscription Period ends without payment for the next period, or if a cancelled Plan reaches the end of its paid Subscription Period, the Account moves to the Free Plan. The Free Plan is subject to the limits stated on the Plan Page, which presently include a limit of 100 policies, access by the owner alone, and no import, export, SMS or WhatsApp messaging. No Customer Data is deleted by reason of the move. The Customer may purchase a Plan at any time.

3.9 Refunds. Refunds are governed by the Refund Policy, which forms part of these Terms.

4. Your data and your customers' data

4.1 Ownership. As between the parties, the Customer owns all Customer Data. The Customer grants the Company a non-exclusive, royalty-free licence to host, store, process and transmit Customer Data solely to provide, secure and support the Service.

4.2 Roles. In respect of personal data within Customer Data, the Customer is the Data Fiduciary and the Company is a Data Processor within the meaning of the Digital Personal Data Protection Act, 2023. The Company shall process such personal data only on the Customer's instructions, which are given by the Customer's use of the Service and by these Terms.

4.3 Customer obligations. The Customer shall:

(a) give its clients, and any other persons whose personal data it records, the notices required by law, and obtain any consent required by law, including verifiable consent of a parent or lawful guardian before recording personal data of a child;

(b) record only such personal data as is necessary for its business; in particular, the Customer shall not record a complete Aadhaar number except where the law permits it to do so; and

(c) act upon requests from its clients to access, correct or erase their personal data. The Service provides the means to do so, and the Company will provide reasonable assistance.

4.4 Company obligations. The Company shall:

(a) implement reasonable security practices and procedures, including encryption of sensitive fields such as PAN and bank account numbers, masking of those fields by default and logging of every action that reveals them;

(b) ensure that persons it authorises to process Customer Data are bound by confidentiality;

(c) engage sub-processors only under written terms that require them to protect the data, and make the list of sub-processors available to the Customer on request;

(d) notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer Data, and provide such information as the Customer reasonably requires to meet its own obligations;

(e) not use Customer Data for its own marketing, not sell it, and not use it for any purpose other than providing the Service; and

(f) on closure of the Account, make Customer Data available for export for 30 days and thereafter delete it, save as required by law.

4.5 Messages to the Customer's clients. Where the Customer uses the Service to send SMS, WhatsApp or email messages to its clients, the Customer:

(a) is the sender of those messages and is responsible for their content;

(b) shall ensure that each recipient has consented to receive them where the law so requires, and shall comply with the Telecom Commercial Communications Customer Preference Regulations, 2018, the requirements of the distributed ledger (DLT) registration system, and the policies of the messaging channel concerned; and

(c) acknowledges that the Service will not send a message to a recipient who has opted out, and that message credits are consumed on dispatch.

5. Acceptable use

5.1 The Customer shall not, and shall ensure that its Users do not:

(a) use the Service for any unlawful purpose, or to store or send content that is unlawful, defamatory, obscene, or that infringes the rights of any person;

(b) send unsolicited commercial communications in breach of law;

(c) attempt to gain unauthorised access to the Service or to any other customer's account or data, or probe, scan or test the vulnerability of the Service without the Company's written permission;

(d) interfere with or disrupt the integrity or performance of the Service, including by introducing malicious code or by placing an unreasonable load on it;

(e) copy, modify, reverse engineer or create derivative works of the Service, except to the extent that applicable law expressly permits;

(f) resell, sublicense or provide the Service to third parties other than its own Users; or

(g) share sign-in credentials between individuals.

5.2 The Company may suspend access to an Account, in whole or in part, where it reasonably believes that the Customer is in breach of this clause 5, where a payment to the Company is reversed or charged back, or where suspension is necessary to protect the Service or other customers. The Company will notify the Customer of the reason, and Customer Data will remain available for export during any suspension.

6. Liability

6.1 Intellectual property. The Service, and all intellectual property rights in it, belong to the Company and its licensors. These Terms grant the Customer a limited, non-exclusive, non-transferable right to use the Service during the term of its Account, and no other right.

6.2 Confidentiality. Each party shall keep confidential the non-public information of the other party that it receives in connection with these Terms and shall use it only to perform its obligations under them.

6.3 Disclaimer. The Company will provide the Service with reasonable skill and care. Save as expressly stated in these Terms, the Service is provided on an "as is" and "as available" basis, and the Company does not warrant that it will be uninterrupted or error-free. The Customer remains responsible for verifying policy, premium and renewal information against the insurer's own records.

6.4 Exclusion of indirect loss. Neither party shall be liable to the other for any indirect, incidental, special or consequential loss, or for any loss of profit, business, goodwill or anticipated savings, however arising.

6.5 Cap on liability. The total liability of the Company arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall not exceed the Fees paid by the Customer to the Company in the 12 months preceding the event giving rise to the claim.

6.6 Exceptions. Nothing in these Terms limits liability that cannot be limited under applicable law, or limits the Customer's obligation to pay Fees.

6.7 Indemnity. The Customer shall indemnify the Company against any claim by a third party, and any resulting loss, penalty or reasonable expense, arising from Customer Data, from messages the Customer sends through the Service, or from the Customer's breach of clause 4.3, clause 4.5 or clause 5.

6.8 Force majeure. Neither party shall be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, epidemic, war, civil disturbance, governmental action, or failure of public utilities or telecommunication networks, other than an obligation to pay money.

7. Ending the service

7.1 Cancellation of a Plan. The Customer may cancel automatic renewal of its Plan at any time from the Account. The Plan continues until the end of the Subscription Period already paid for, after which the Account moves to the Free Plan in accordance with clause 3.8.

7.2 Closure by the Customer. The owner may close the Account at any time. Closure does not entitle the Customer to a refund except as stated in the Refund Policy.

7.3 Termination by the Company. The Company may terminate these Terms and close the Account by notice if the Customer commits a material breach of these Terms and, where the breach is capable of remedy, fails to remedy it within 15 days of notice, or immediately if the breach is a serious breach of clause 5.

7.4 After closure. On closure of the Account for any reason, the Customer may export its Customer Data for 30 days, after which it will be deleted in accordance with clause 4.4(f) and the Privacy Policy. Invoices and payment records are retained as required by law.

7.5 Survival. Clauses 4, 6, 7.4 and 8, and any accrued right to payment, survive the closure of the Account.

8. Governing law

8.1 Governing law. These Terms are governed by the laws of India.

8.2 Jurisdiction. Subject to clause 8.3, the courts at Ahmedabad, Gujarat shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

8.3 Dispute resolution. The parties shall first attempt in good faith to resolve any dispute by negotiation between their authorised representatives within 30 days of written notice of the dispute.

8.4 Changes to these Terms. The Company may revise these Terms from time to time. Each revision carries a new version number and the date from which it is in force. Where a revision is material, the Company will notify the Customer and each User will be asked to accept the revised Terms the next time they sign in. A User who declines will be signed out, and may accept at a later sign-in. A revision that does not change the substance of these Terms will not require fresh acceptance.

8.5 Notices. The Company may give notices to the Customer by email to the address of the owner of the Account or by notice in the Service. The Customer shall give notices to the Company by email to [SUPPORT EMAIL] or in writing to the registered office stated above.

8.6 Grievance Officer. Complaints in relation to the Service may be addressed to the Grievance Officer named in the Privacy Policy.

8.7 Assignment. The Customer may not assign these Terms without the Company's prior written consent. The Company may assign these Terms to a successor to all or part of its business.

8.8 Entire agreement. These Terms, the Privacy Policy, the Refund Policy and the information on the Plan Page at the time of purchase constitute the entire agreement between the parties in relation to the Service and supersede any prior understanding.

8.9 Severability and waiver. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force. A failure or delay in exercising any right is not a waiver of it.

8.10 Electronic record. These Terms are an electronic record within the meaning of the Information Technology Act, 2000 and do not require a physical or digital signature.