TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of Kawach.Ai and all related products, applications, platforms, tools, APIs, and services (“Services”) provided by Kreeti Technologies P Ltd, a company incorporated under the laws of India, having its registered office at: #1408, Godrej Genesis, Plot XI Block EP, Sector V, Salt Lake City, Kolkata – 700 091, India (“Kawach”, “we”, “our”, “us”).

By using the Services, creating an account, or subscribing, you agree to be bound by these Terms. If you do not agree, you must stop using the Services.

1. Definitions

• Account : Your user account to access the Services.
• Order Form : Any online order, proposal, or subscription plan specifying features, fees, and Subscription Term.
• Subscription Term : The period during which you are authorised to access and use the Services under a paid or unpaid (including free or trial) subscription.
• User Content : Any information you upload, submit, or provide to the Services.
• Personal Data : Any information relating to an identifiable individual.
• Customer Data : All data, including Personal Data, submitted to or processed by the Services by or on behalf of the Customer or its Authorized Users.
• Sensitive Personal Data : As per applicable laws (financial data, health data, government IDs, etc.).
• AI Input : Data or prompts you submit to AI features.
• AI Output : Any result generated by the AI model based on AI Input.

2. Acceptance and Scope

These Terms apply to all users accessing or using the Services. Additional or supplemental terms may apply to certain features (e.g., AI modules, APIs, enterprise features).

Where supplemental terms conflict with these Terms, the supplemental terms will apply.

3. Eligibility

You must be at least 16 years old to use the Services.

The Services are intended solely for business use. By registering for or using the Services, you represent and warrant that you are a business entity, and that the individual creating the Account or accepting these Terms has full authority to bind such business entity to these Terms.

If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation.

4. Account Registration

• You must provide accurate and complete information.
• You are responsible for keeping login credentials confidential.
• Any actions from your Account will be treated as your actions.
• Notify us immediately at support@kawach.ai if you suspect unauthorized access.

Employees or other authorized users of the Customer may create and use individual Accounts under the Customer’s main subscription.We may suspend or terminate your Account if we believe it is being used improperly or in violation of these Terms.

5. Licence to Use the Services

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services during the Subscription Term, strictly for your internal business purposes. You may not:

• Copy, modify, resell or sublicense the Services.
• Reverse engineer or attempt to extract source code .
• Use the Services to build a competing product.
• Bypass or interfere with security controls.

All rights not expressly granted are reserved by Kawach.

6. Acceptable Use

You agree not to:

• 6.1 Misuse the Services

  • Upload harmful, illegal, defamatory, hateful, or infringing content .
  • Upload malware, viruses, or malicious code .
  • Attempt to gain unauthorized access to systems or networks.

• 6.2 Competitive or Unfair Usage

  You may not:

  • Use the Services to benchmark, monitor, or analyse performance for competitive purposes.
  • Build competing products using our Outputs or system behaviour.
  • scrape, crawl, or extract data except via approved APIs.

• 6.3 Sensitive Data

  You must not upload or process Sensitive Personal Data, unless:

  • (a) explicitly permitted in writing; and
  • (b) required legal consents have been taken.

7. AI-Specific Terms

Kawach.Ai includes AI features. By using them, you agree that:

• 7.1 Inputs and Outputs

  • You retain ownership of AI Input and AI Output.
  • We may internally use anonymised Input/Output to improve models, unless otherwise agreed in an enterprise contract..
  • You must not misrepresent AI Output as professional or human-generated advice.

• 7.2 Prohibited AI Use

  You must not use AI features to:

  • Train your own AI/ML models.
  • Generate illegal, discriminatory, harmful, or abusive content.
  • Create malware, exploits, or harmful instructions.
  • Violate applicable laws or third-party rights.

• 7.3 Third-Party AI Providers

  We use third-party AI infrastructure. By using AI features, you authorise Kawach to share your AI Input and necessary User Content with such providers.

8. Updates, Modifications & Downtime

We may release Updates, modifications, improvements, or new features at any time.

The Services may be unavailable for scheduled or unscheduled maintenance. We will provide advance notice where reasonably possible.

9. Third-Party Services & Integrations

Some features may integrate with third-party applications or services.

We are not responsible for:

• Their content, terms, data handling practices, or security .
• Any loss arising from their use.

You should review third-party terms before enabling integrations.

10. Fees, Payments & Renewals

Certain Services or features may be offered under paid or unpaid plans (including free or trial access). Fees apply only where specified in the applicable Order Form or pricing page.

• 10.1 Fees

  Fees are as specified in the Order Form or pricing page.

• 10.2 Payments

  You authorise us or our payment partners to charge applicable fees. .

• 10.3 Auto-Renewal

  Subscriptions automatically renew unless cancelled before the renewal date.

• 10.4 No Refunds

  Payments are non-refundable, except where required by law or explicitly agreed in writing.

• 10.5 Late Payments

  If fees are overdue, we may:

  • Suspend or restrict your access,
  • Charge late payment interest as permitted by law.

• 10.6 Taxes

  You are responsible for applicable taxes and government charges.

• 10.7 Free or Trial Subscriptions

  Free or trial access is provided at Kawach’s discretion, may be limited in functionality or duration, and may be withdrawn at any time without liability.

11. Intellectual Property

All rights in the Services—including software, UI, technology, content, and trademarks—belong to Kawach or its licensors.

Feedback

Any feedback you provide may be used by us freely, without obligation.

12. Confidentiality

Each party must protect the other’s Confidential Information using reasonable safeguards. Confidential Information does not include information that is:

• publicly available .
• Already known.
• Independently developed.
• Lawfully received from a third party.
• Required to be disclosed by law.

13. Privacy & Data Protection

Your use of the Services is governed by our Privacy Policy.

Kawach will:

• Implement industry-standard security measures,
• Process Personal Data only as necessary to provide the Services,
• Comply with applicable laws including India’s DPDP Act 2023 and, where applicable, global data protection standards. .

Customer organisations may store, upload, or process data relating to their employees, contractors, vendors, clients, and customers through the Services (“Customer Data”). As between the parties, all Customer Data is owned and controlled by the Customer. Kawach processes such Customer Data solely on behalf of and in accordance with the Customer’s instructions for the purpose of providing the Services.

We may store and process data in India or other countries where we have operations or service providers.

14. Term, Termination & Data Retention

• 14.1 Term

  The Agreement continues for the Subscription Term unless terminated.

• 14.2 Termination by You

  You may terminate by stopping use or cancelling the Subscription, no refunds apply.

• 14.3 Termination by Kawach

  We may terminate or suspend access if:

  • You breach these Terms,
  • Fail to pay fees,
  • Misuse the Services,
  • Pose a security risk.

• 14.4 Post-Termination

  • Access will cease immediately.
  • We may delete your data after 45 days, unless legally required to retain it.
  • You may request export of your data within that period.

15. Warranties & Disclaimers

The Services are provided “as is” and “as available”.

We do not guarantee:

• Uninterrupted or error-free service.
• Accuracy or reliability of AI Output.
• compliance results based on recommendations.

To the maximum extent allowed by law, we disclaim all warranties, whether express or implied.

16. Limitation of Liability

To the maximum extent permitted by law:

• 16.1 No Indirect Damages

  Kawach will not be liable for:

  • Loss of profits
  • Loss of data
  • Business interruption
  • Punitive or consequential damages

• 16.2 Liability Cap

  Our total aggregate liability is limited to the fees paid by you in the previous 12 months, or INR 5,000, whichever is higher.

  This limitation does not apply to:

  • Willful misconduct
  • Violation of applicable law
  • IP infringement indemnity obligations

17. Indemnification

• 17.1 By Kawach

  We will defend you against third-party claims alleging that the Services infringe their intellectual property rights, and pay damages awarded by a court, if you:

  • Promptly notify us,
  • Give us sole control of defence,
  • Provide reasonable assistance.

  This does not apply to claims arising from:

  • Misuse of the Services,
  • Modifications not made by us,
  • Combination with third-party products.

• 17.2 By You

  You agree to indemnify Kawach against claims arising from:

  • Your misuse of the Services,
  • Breach of these Terms,
  • Violation of laws or third-party rights,
  • Your AI Input or Output misuse.

19. Changes to These Terms

We may update these Terms from time to time.

Material changes will be posted on our website.

Continued use of the Services means you accept the updated Terms.

20. Assignment

You may not assign your rights under these Terms without our written consent.

We may assign our rights:

• To an affiliate,
• To a successor entity, or
• As part of a merger or acquisition.

21. Force Majeure

We are not responsible for failures caused by events beyond our reasonable control, including natural disasters, internet outages, war, or regulatory changes.

22. Contact Us

For questions, notices, or legal enquiries:

Kreeti Technologies Pvt Ltd

#1408, Godrej Genesis, Plot XI Block EP, Sector V, Salt Lake City, Kolkata – 700 091, India

Email: support@kawach.ai.