Terms of Service

1.1 These Terms are a contract between you (an individual or the business you represent) and DigAI Technologies Pvt. Ltd. ("DigAI"), Outer Ring Road, Bellandur, Bengaluru, Karnataka 560103, India, for the DigAI website and platform (the "Services"). By creating an account or using the Services you accept them. If you accept for a business, you confirm you have authority to bind it.

1.2 The Privacy Policy, Acceptable Use Policy, Cookie Policy, Refund Policy and (where applicable) the Data Processing Agreement form part of this agreement.

2.1 You must be at least 18 and able to form a binding contract. The Services are for business, not consumer, use.

2.2 Give accurate information and keep it current. You are responsible for all activity under your account, for staff you invite, and for the permissions you give them. Keep credentials confidential and tell us promptly of any unauthorised use.

2.3 One person may not share a login. Staff seats are limited by your plan.

3.1 New accounts receive a 30-day trial with access to core modules, up to 500 contacts and 5 staff seats (limits may be updated on the pricing page). No card is required.

3.2 When the trial ends without a paid plan, the account moves to read-only grace mode: sending and automations pause; your data is retained for 30 days so you can upgrade or export it, after which we may delete it.

3.3 Trial offers may be changed or withdrawn, and may be limited to one per business.

4.1 Paid plans (currently Basic, Pro and Growth) are billed monthly or annually as shown at checkout. Prices exclude GST and other applicable taxes, which we add. We issue GST-compliant invoices.

4.2 Plans have limits (contacts, staff seats, emails per month, features). If you exceed a limit we may block the action or ask you to upgrade; we won't silently charge overage.

4.3 Coupons are promotional, non-transferable, may expire, and apply only as stated.

4.4 Payments. Payments are collected through Razorpay (and, for international payments, Stripe) (or as otherwise agreed in writing). You authorise us and our payment processor to charge your chosen method for recurring fees until you cancel.

4.5 We may change prices on at least 30 days' notice; the change applies from your next renewal.

4.6 Unpaid invoices may lead to suspension after notice. You remain responsible for all amounts due.

4.7 Third-party charges are separate. Meta/WhatsApp conversation fees, SMS provider charges, AI provider API charges, email provider costs and domain fees are charged by those providers directly or passed through as stated. DigAI is not responsible for their pricing.

Subscriptions renew automatically at the end of each term unless cancelled before renewal in your account settings. Cancellation takes effect at the end of the paid term. Refunds are governed by the Refund Policy.

6.1 You own Customer Content. You grant DigAI a limited, non-exclusive licence to host, process, transmit and display it solely to provide and support the Services and as the DPA describes.

6.2 You are responsible for Customer Content, for having a lawful basis and any required consent or notice to collect, store and message the people in it, and for responding to their requests. Where we process personal data on your behalf, the DPA applies.

6.3 Export. You may export your data while your account is active and during the grace period in clause 3.2 or after termination under clause 17.4.

7.1 You must have valid opt-in before sending marketing messages by WhatsApp, SMS or email, honour opt-outs promptly, and comply with applicable law and platform rules, including the Meta WhatsApp Business and Commerce policies, TRAI regulations on commercial communications (including DLT registration for SMS in India) and anti-spam law.

7.2 You are the sender of messages you send through the Services and are responsible for their content.

8.1 The Services interoperate with third-party products (for example Meta/WhatsApp, Facebook/Instagram, Google, email and SMS providers, AI providers, payment gateways). Your use of them is governed by their terms. We don't control and are not responsible for them, including their availability, changes, fees or decisions to restrict your account.

8.2 WhatsApp connection methods. The WhatsApp Business Platform (Cloud API) is Meta's official channel. The QR-linked WhatsApp option connects a WhatsApp account using a linked-device session and is not an official Meta integration. Meta may restrict or ban numbers that it considers to violate its terms, and we cannot prevent or reverse that. If you use the QR option you do so at your own risk, and we recommend using the Cloud API for important business numbers.

8.3 AI features. AI Agents and related features use the AI provider and keys you configure and the knowledge you supply. Output can be inaccurate or incomplete. You are responsible for reviewing it, for configuring appropriate guardrails, and for not relying on it for medical, legal, financial or other professional advice without human review. Your content is sent to the provider you choose under that provider's terms.

You must comply with the Acceptable Use Policy. We may investigate violations and take action under clause 16.

The Services, software, designs, templates, documentation and trademarks are owned by DigAI or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription. You may not copy, reverse engineer (except as law permits), resell, or build a competing service from them. Templates we supply may be used within your DigAI account.

10A.1 If we offer API keys, you must keep them secret, use them only for your own organization or with the owner's authority, stay within published rate limits, and not use them to build a competing service. We may revoke keys that are leaked, abused or inactive.

10A.2 Our mobile apps are licensed, not sold, under the same terms; you must also follow the app-store terms of the store you used.

10A.3 Voice and recording: if you place or record calls, you are responsible for lawful notice and consent from every participant and for compliance with telecom rules (including TRAI do-not-disturb regulations).

10A.4 Instagram and Meta advertising signals: you may send only data you have lawful permission to share, and must follow Meta's platform and business-tools terms.

If you give feedback or suggestions we may use them without obligation to you.

Features marked beta, preview or "coming soon", and items on our public roadmap, are provided as-is, may change or be withdrawn, and are not commitments.

We aim to keep the Services available but do not guarantee uninterrupted or error-free operation. Maintenance, third-party outages (including Meta) and events beyond our control may affect them. Support is provided through the channels and hours on our Help and Contact pages. No service-level agreement applies unless agreed in a signed order.

To the fullest extent permitted by law, the Services are provided "as is" and "as available". We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that messages will be delivered, read, or approved by third-party platforms.

15.1 To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising from these Terms or the Services.

15.2 DigAI's total liability for all claims in any 12-month period will not exceed the fees you paid to DigAI for the Services in the 12 months before the event giving rise to the claim (₹10,000 if you are on the free trial).

15.3 Nothing limits liability that cannot be limited by law, including for fraud or wilful misconduct.

16.1 We may suspend or terminate access immediately if you materially breach these Terms or the Acceptable Use Policy, if your use threatens security or other customers, if required by law or a platform (for example a Meta enforcement), or for non-payment after notice. Where practicable we will give notice and a chance to fix the issue.

16.2 You may stop using the Services and cancel at any time.

17.1 Rights granted end. Amounts owed remain due.

17.2 Clauses that by nature should survive (ownership, disclaimers, liability, indemnity, governing law) survive.

17.3 We are not liable for loss of data after the periods stated in these Terms.

17.4 After termination you can request an export for 30 days, after which Customer Content is deleted as the Privacy Policy and DPA describe.

You will indemnify DigAI against third-party claims, losses and reasonable costs arising from your Customer Content, your messaging practices, your breach of these Terms or law, or your infringement of rights, except to the extent caused by DigAI.

19.1 These Terms are governed by the laws of India.

19.2 The parties will first try to resolve disputes in good faith through the Grievance Officer. Unresolved disputes will be referred to arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by mutual consent; the seat is Bengaluru; the language is English. Subject to that, the courts at Bengaluru have exclusive jurisdiction.

These Terms are the entire agreement on their subject. If a provision is unenforceable, the rest remains. Failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger or sale. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email or shown in-product; notices to us go to grievance@digai.in. We may update these Terms with at least 30 days' notice of material changes; continued use after that means acceptance.

Grievance Officer, grievance@digai.in. Acknowledgement within 48 hours; resolution within 30 days.