Terms of Service

1. INTRODUCTION & ACCEPTANCE OF TERMS

This Terms of Service ('Agreement') is entered into between answerIT OPC Private Limited ('Company', 'answerIT', 'We', 'Us', or 'Our') and any individual, business entity, clinic, commercial enterprise, or organization ('Customer', 'User', 'Subscriber', 'You', or 'Your') accessing or subscribing to our website answerit.in and our software-as-a-service (SaaS) products (including Wafloxi).

By visiting Wafloxi, registering an account, clicking 'I Agree', or utilizing any portion of our software services, you confirm that you have read, understood, and agreed to be legally bound by this Agreement and our Privacy Policy. If you do not agree, you must immediately cease all access and platform usage.

2. DEFINITIONS & INTERPRETATION

• Company: answerIT OPC Private Limited, registered under the Companies Act, 2013 in India.
• Platform / Services: The website answerit.in and associated Wafloxi SaaS platforms, APIs, visual flow builders, automation triggers, helpdesk dashboards, and messaging infrastructure.
• Customer / Subscriber: Any business entity, growth team, commercial brand, or individual subscriber to our SaaS platforms.
• Customer Data: All data, records, end-user contacts, templates, interactive form submissions, and text files uploaded to or processed through the Platform by Customer.
• Data Fiduciary & Data Processor: Statutory roles defined under Section 2 of the Digital Personal Data Protection Act, 2023.
• Intermediary: An intermediary as defined under Section 2(1)(w) of the Information Technology Act, 2000.

3. ELIGIBILITY & ACCOUNT REGISTRATION

To register an account or use our Services, you must satisfy the following statutory conditions:

• Legal Capacity: You must be at least 18 years of age and possess full legal capacity under the Indian Contract Act, 1872 to enter into binding legal agreements.
• Corporate Authority: If registering on behalf of a company, business, or corporate entity, you represent and warrant that you are authorized to bind that entity to this Agreement.
• Registration Accuracy: You agree to provide true, current, and complete registration information (including legal business name, GSTIN, and official contact details).
• Account Limits & User Seats: Standard SaaS subscriptions include authorized user seats based on the selected tier. Account sharing outside authorized staff is strictly prohibited.
• Security Responsibility: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.

4. LICENSE GRANT & PERMITTED USE

4.1 Software License Grant

Subject to compliance with this Agreement and timely payment of subscription fees, answerIT grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Wafloxi Platform during your active subscription period.

4.2 Restrictions & Prohibited Uses

You agree that you shall NOT, directly or indirectly:

• Code Manipulation: Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of Wafloxi.
• Automated Data Extraction: Use scrapers, crawlers, automated bots, or data extraction tools on Wafloxi or answerit.in.
• Security Violations: Bypass security authentication, probe infrastructure vulnerabilities, or introduce malware, viruses, or Trojan horses.
• Unsolicited Messaging & Spam: Use the Platform to send unsolicited bulk messages (spam), deceptive communications, or messages violating Telecom Commercial Communications Customer Preference Regulations (TCCCPR).
• Illegal Content: Store or transmit defamatory, obscene, infringing, unlawful, or hateful content on the Platform.

5. DATA PRIVACY & STATUTORY COMPLIANCE (DPDP ACT 2023)

5.1 Statutory Roles

Under the Digital Personal Data Protection Act, 2023 (DPDP Act) and Information Technology Act, 2000:

• Customer as Data Fiduciary: Customer acts as the Data Fiduciary responsible for determining the purpose of processing end-user or customer personal data.
• Company as Data Processor: Company operates as a Data Processor handling Customer Data strictly pursuant to documented contract terms and Customer instructions.

5.2 Customer Consent Obligations

Customer represents and warrants that it has obtained free, specific, informed, unconditional, and unambiguous consent (Opt-In) from all end users before uploading their personal data or triggering automated notifications via WhatsApp, SMS, or Email.

5.3 Reasonable Security Practices

In accordance with Section 8(5) of the DPDP Act 2023 and IT (Reasonable Security Practices) Rules 2011, Company implements HTTPS/TLS 1.3 encryption in transit, AES-256 encryption at rest, role-based access controls, and domestic data hosting in Mumbai, India.

6. THIRD-PARTY INTEGRATIONS (WHATSAPP, SMS & GATEWAYS)

• Integration Scope: Our Wafloxi SaaS platform integrates directly with Meta WhatsApp Cloud API, SMS gateways, and payment partners to deliver broadcast notifications and visual flow interactions.
• Meta Compliance: Customer is solely responsible for strictly adhering to Meta Business Policies & WhatsApp Commerce Policies.
• Delivery Disclaimer: Company does not guarantee 100% completion or delivery speed of WhatsApp/SMS messages, as delivery relies on third-party telecommunication networks, Meta infrastructure, and recipient device connectivity.

7. SUBSCRIPTION FEES, BILLING & PAYMENT TERMS

• Advance Payment: Subscription fees are payable in advance according to your selected plan (monthly/annual). All fees are quoted in Indian Rupees (INR ₹) or USD ($).
• Taxes & GST: Fees are exclusive of applicable Goods and Services Tax (GST). Appropriate GST tax invoices will be issued upon payment.
• Suspension for Non-Payment: Failure to pay renewal fees within seven (7) days of the due date may result in immediate account suspension and service lockout.
• Service Availability (SLA): Company targets 99.5% monthly uptime, excluding scheduled maintenance windows (notified 24 hours in advance) and external cloud provider outages.

8. INTELLECTUAL PROPERTY RIGHTS

• Company IP: All right, title, and interest in Wafloxi, software architecture, UI/UX design, databases, software code, logos, trademarks, and documentation belong exclusively to answerIT OPC Private Limited.
• Customer Data Ownership: Customer retains complete ownership of all Customer Data uploaded to the Platform. Company acquires no ownership rights over Customer Data.
• Feedback License: Any suggestions, feature requests, or feedback provided by Customer may be incorporated by Company without obligation or royalty.

9. INTERMEDIARY STATUS & CONTENT DISCLAIMERS

9.1 Intermediary Safe Harbor (IT Act Sec 79)

answerIT functions as an Intermediary under Section 79 of the Information Technology Act, 2000. Company does not initiate, select, or modify transmissions made by Customers. Company reserves the right to remove any content that violates Indian law upon receiving valid legal notice.

9.2 Administrative & Workflow Automation Disclaimer

10. LIMITATION OF LIABILITY & INDEMNIFICATION

10.1 Aggregate Liability Cap

To the maximum extent permitted by Indian law, the maximum cumulative liability of answerIT OPC Private Limited for all claims arising out of or related to this Agreement shall be limited to the total subscription fees actually paid by Customer to Company in the twelve (12) months preceding the claim.

10.2 Exclusion of Consequential Damages

In no event shall Company be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption.

10.3 Customer Indemnification

Customer agrees to defend, indemnify, and hold harmless answerIT, its directors, officers, and employees against any third-party claims, penalties, liabilities, or losses arising from: (a) Customer's breach of this Agreement; (b) failure to obtain valid end-user consent under the DPDP Act 2023; or (c) violation of third-party intellectual property or privacy rights.

11. SUSPENSION, TERMINATION & DATA ERASURE

• Termination for Convenience: Either party may terminate this Agreement by providing written notice prior to the end of the current subscription billing cycle.
• Termination for Cause: Company may terminate or suspend access immediately upon material breach, non-payment, or illegal activity.
• Data Export & Erasure Protocol: Upon termination, Customer access ceases. Customer may request a data export within thirty (30) days of termination. Following the 30-day window, Company shall permanently delete or anonymize Customer Data in accordance with Section 8(7) of the DPDP Act 2023.

12. GRIEVANCE REDRESSAL MECHANISM & OFFICER

In compliance with Rule 3(2) of the IT (Intermediary Guidelines) Rules, 2021 and the DPDP Act 2023, the details of our designated Grievance Officer are set forth below:

13. AMENDMENTS & MODIFICATIONS

Company reserves the right to modify this Agreement at any time to comply with statutory amendments (including DPDP Act rules) or operational enhancements. Notice of changes will be posted on Wafloxi and answerit.in with an updated revision date. Continued usage constitutes acceptance of revised terms.

14. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by, interpreted, and construed in accordance with the laws of the Republic of India. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the competent courts located in Nagpur, Maharashtra, India.