Terms of Service

1. Who we are and what these Terms cover

These Terms are a contract between you and IndicStack Consultancy Services LLP ("IndicStack", "we", "us"), a limited liability partnership registered in India. LLPIN: ACZ-6365. Registered office: 11th Floor, 24X7.ai Building, Prestige Tech Platina 2, Kadubeesanahalli, Bengaluru 560087, Karnataka, India. GSTIN: 29AAMFI2953E1Z6.

These Terms apply to indicstack.ai and its subdomains (including api.indicstack.ai), our API, models, agents, dashboards, documentation, and WhatsApp and voice automation (together, the "Services").

If you have a signed service agreement, statement of work or order form with us, that document governs if it conflicts with these Terms. Consulting work is governed by its own signed agreement.

2. Accepting these Terms

You accept these Terms when you use the Services or click to accept them. If you use the Services for an organisation, you confirm that you have authority to bind it. "You" then means that organisation. You must be at least 18 years old and able to make a binding contract under Indian law. The Services are for business use.

3. Early access

During early access, we provide the Services "as available". Features, models, limits and prices can change. We may end early access for any user with 7 days notice by email.

4. Account and API keys

• Give us true and complete details, and keep them current.
• Keep your API keys and login details secret. Do not share them outside your organisation.
• You are responsible for all use made with your keys.
• Tell us at once at compliance@indicstack.ai if you find unauthorised use.
• We may disable a key that we believe is at risk.

5. Acceptable use

You must not use the Services to:

• Break any law in force in India, or any law that applies to you.
• Process personal data without a lawful basis, the needed consents or the needed notices under the DPDP Act.
• Generate or spread content that is illegal, sexual content involving minors, hateful, harassing, defamatory, or that harms national security or public order.
• Make or support malware, fraud, phishing, spam or impersonation.
• Send bulk or marketing messages that break TRAI rules (including DLT registration and consent rules) or WhatsApp Business policies.
• Make final decisions with legal or similar large effects on a person (credit, hiring, insurance, medical diagnosis or treatment) without review by a qualified human.
• Try to reverse-engineer the Services, or extract or copy model weights.
• Test or attack our security, or get around rate limits, quotas or access controls.
• Resell or give access to the Services to third parties without our written agreement.
• Break the licence or acceptable-use terms of a model you use through us.

6. Your content and data

• You own the prompts, files and data you send ("Customer Content"). You own the outputs the Services make for you ("Output"), to the extent the law allows. We give no rights in Output to others.
• You give us the right to process Customer Content only to provide, secure and support the Services. We do not store Customer Content after we return the response.
• We do not use Customer Content or Output to train, fine-tune or improve any AI model.
• You confirm that you have all rights, consents and notices needed to send Customer Content to us, including for personal data.
• For personal data in Customer Content, you are the Data Fiduciary and we are your Data Processor. Our Privacy Policy and our Data Processing Agreement (on request at dpdp@indicstack.ai) apply.
• Customer Content is processed on infrastructure in India.

Website analytics and advertising technologies are described in our Cookie Policy. Analytics and advertising are enabled when you visit unless you turn off those categories through the cookie banner or Cookie settings. Your choice controls subsequent tracking.

7. AI output

AI models can give output that is wrong, incomplete, biased or not suitable for your use. Output can look like other content. You must check Output before you use it or rely on it. Output is not legal, medical, financial or other professional advice. You are responsible for how you use Output and for what you show to your own users. When your users talk to an AI system that you build on our Services, you must tell them so where the law or platform rules require it.

8. Third-party models and services

We serve open-weight models made by others. Each model has its own licence and use terms, which also apply to you. We link to them on our Models page. We may add, change or remove models. We will give 30 days notice before we remove a model from general availability, except where a licence, law or security issue requires faster action.

9. Messages from us

You agree that we can send service messages (account, security, billing, invoices, changes to the Services) by email, SMS, WhatsApp or phone to the contact details you give. These are transactional messages and follow TRAI rules. We send marketing messages only with your consent.

10. Fees, billing and taxes

• We bill in Indian Rupees (INR). Prices are on our website or in your order form.
• We add GST as applicable and issue GST tax invoices.
• If you deduct TDS, you must deposit it on time and give us the TDS certificate.
• Pay each invoice by the due date on it. If you do not pay within 15 days after the due date, we may suspend the Services after 7 days notice by email.
• Raise any dispute about an invoice within 30 days of the invoice date. Pay the part that is not in dispute.
• We may change prices with 30 days notice. A change does not apply to an order form term already agreed.
• Refunds follow our Refund and Cancellation Policy.

11. Service levels

During early access, we do not promise a specific uptime. We will publish a service level agreement when the Services become generally available, or agree one in your order form.

12. Our intellectual property

We own the Services, our software, website, documentation and brand, and all rights in them. We give you a limited, non-exclusive, non-transferable right to use the Services under these Terms. If you give us feedback, we may use it without any duty to you.

13. Confidentiality

Each party will keep the other party's non-public business and technical information confidential. Each party will use it only to perform under these Terms. This duty does not apply to information that is public, already known, independently made, or that the law requires a party to disclose.

14. Disclaimer

The Services and Output are provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Services will be error-free or without interruption.

15. Limitation of liability

To the extent the law allows:

• Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or goodwill.
• Our total liability for all claims in a 12-month period is not more than the fees you paid us for the Services in the 12 months before the claim.
• These limits do not apply to your payment duties, your breach of section 5, or a party's fraud or wilful misconduct.

16. Indemnity

You will defend and indemnify IndicStack against third-party claims, losses and costs that arise from your Customer Content, your use of Output, your breach of these Terms or the law, or messages you send through the Services.

17. Suspension

We may suspend all or part of the Services at once if we believe your use breaks section 5, puts our systems or other users at risk, or if the law requires it. Where it is safe and lawful, we will tell you why and restore access when the cause is fixed.

18. Termination

• You may stop using the Services at any time. Either party may end these Terms with 30 days written notice.
• We may end these Terms at once if you materially break them and do not fix the breach within 15 days of notice, or at once for a serious breach of section 5.
• After termination, you must pay all fees due up to the end date.
• You can ask for an export of your account data within 30 days after the end date. After that, we delete your data as our Privacy Policy sets out, unless the law requires us to keep it.
• Sections 6, 7, 12 to 16, 18, 20 and 21 continue after termination.

19. Force majeure

Neither party is liable for delay or failure caused by events outside its reasonable control. Examples are natural disasters, epidemics, war, government action, power or internet failures, and failures of cloud providers. This section does not excuse payment duties.

20. Governing law and disputes

The laws of India govern these Terms. The parties will first try to settle a dispute in good faith within 30 days of written notice. If they cannot, the dispute goes to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by both parties. The seat and venue of arbitration is Bengaluru. The language is English. Subject to this, courts in Bengaluru have exclusive jurisdiction, including for urgent interim relief.

21. General

• Changes. We may change these Terms. For material changes, we will give 30 days notice by email or on our website. If you continue to use the Services after the change takes effect, you accept the new Terms.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them to an affiliate or successor.
• Severability. If a court finds part of these Terms invalid, the rest stays in force.
• Waiver. If we do not enforce a right, we do not waive it.
• Entire agreement. These Terms, the Privacy Policy, the Refund and Cancellation Policy, the DPA and any order form are the full agreement on this subject.
• Notices. We send notices to the email on your account. Send legal notices to compliance@indicstack.ai and to our registered office.

22. Grievances and copyright complaints

Send grievances about the Services or content on them, and complaints that content infringes your copyright or other rights, to dpdp@indicstack.ai. Include your name, contact details, the content or URL, and the reason. We acknowledge each grievance within 2 working days and resolve it within 15 working days.

23. Contact

General questions: hello@indicstack.ai. Legal notices: compliance@indicstack.ai. Grievances: dpdp@indicstack.ai.

IndicStack Consultancy Services LLP, 11th Floor, 24X7.ai Building, Prestige Tech Platina 2, Kadubeesanahalli, Bengaluru 560087, Karnataka, India.