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Legal

Terms of Service

Version 1.0 · Effective 15 September 2026 · Last updated 15 September 2026

The terms that apply when a business buys a productized AI automation setup or a monthly care plan from Bharat AI Saathi: what is included, what you are responsible for, how billing works, what AI can and cannot promise, hosting and VM rules, the Data Processing Addendum for your customers' personal data, and how disputes are settled by arbitration in Bhubaneswar.

The short version

  • You buy one setup (one AI automation service for one business type) for a one-time setup fee, plus a monthly care plan that keeps it running.
  • The setup fee is paid before work starts. The care plan is billed monthly in advance. You can cancel the care plan any time from your next billing date. No lock-in.
  • We sell to businesses only, not to consumers. By ordering you confirm you are buying for your trade, business or profession.
  • The scope of each setup is fixed. Anything extra is a change request, quoted separately.
  • Platform costs (Meta WhatsApp conversation fees, Google Ads spend, telecom, AI model usage where applicable) are billed to you directly by those providers, not by us.
  • AI replies can be wrong. Messages go out in your business's name, so you review them and remain responsible for them. Where the law requires it, the assistant tells your customers up front that it is automated.
  • You own your data and your customer conversations. We keep the rights to our reusable components. When we handle your customers' personal data, the Data Processing Addendum in Annex A applies.
  • Trading setups are software you run on your own broker account. We are not SEBI-registered and we do not give investment advice.
  • Our liability is capped at what you paid us in the 3 months before a claim.
  • Indian law applies. Disputes are settled by arbitration seated in Bhubaneswar, Odisha; small claims can go to the Bhubaneswar courts.

The full terms below are what actually applies. If anything here conflicts with them, the numbered clauses win.

1. Who we are and who these Terms apply to

1.1 These Terms of Service ("Terms") are an agreement between you (the business that orders a setup or care plan, also "the client") and Bharat AI Saathi, operated by Jayadev Rana, Bhubaneswar, Odisha, India ("we", "us"). Our website is bharataisaathi.com.

1.2 You accept these Terms when you pay a setup fee, subscribe to a care plan, or ask us to start work, whichever comes first.

1.3 If you accept on behalf of a company, firm or shop, you confirm you are allowed to bind that business.

1.4 These Terms cover everything sold through bharataisaathi.com: setups from our India catalog (priced in INR) and setups from our global catalog (priced in USD). The order confirmation or invoice for each setup (your "Order") records the exact service, business type, price and care plan.

1.5 If an Order says something different from these Terms, the Order wins, but only for that setup. If these Terms conflict with our other documents, the order of precedence is: Order, then these Terms, then the SLA, then the Refund Policy, then the Privacy Policy, then the Acceptable Use Policy.

1.6 Our Privacy Policy forms part of these Terms and explains how we handle data. Whenever we process personal data on your behalf, the Data Processing Addendum in Annex A also forms part of these Terms.

1.7 Business customers only. Our setups are sold to businesses for business use only. By ordering you confirm that you are acting in the course of a trade, business or profession and not as a consumer, and that you are at least 18. If you are not sure whether this applies to you, ask us before you order.

2. What we sell: services and scope

2.1 What a setup is. Each setup is one productized AI automation service built for one type of business. For example, our India catalog has 20 services across 50 local-business types, which makes 1,000 possible setups. Each setup has a fixed scope, described on its catalog page and repeated in your Order.

2.2 What the setup fee covers. Building, configuring and launching the setup as described in its scope, including the 20-minute setup call.

2.3 What the care plan covers. Keeping that setup running after go-live: monitoring, fixing things that break, adjustments needed because a connected platform changed something, small content updates within the scope, in-scope accuracy corrections at no extra cost, and support during our support hours (clause 15).

2.4 What is not included. Anything outside the written scope is a change request. Examples: an extra channel, an extra language, a new workflow, a custom integration, a second business type, or rebuilding something that already works as described. We quote change requests in writing before work starts (typically INR 2,000 to 10,000 or USD 50 to 300 per request) and start only after you approve the quote in writing (WhatsApp or email is fine).

2.5 The care plan is part of every hosted setup. If the care plan ends or is paused for non-payment, the hosted automation is switched off as described in the SLA and we have no obligation to maintain, monitor or support it. Connected platforms change often, so a setup that is not maintained will usually stop working.

2.6 Third-party platforms. Setups run on platforms we do not control, such as Meta (WhatsApp Cloud API), Google (Workspace, Calendar, Ads, Google Cloud), telephony providers (Twilio, Exotel), AI model providers (Anthropic, OpenAI), broker APIs and hosting (Hostinger). Their terms apply to your use of their services. They can change features, prices, limits or approval rules at any time, and we cannot prevent that.

2.7 Unhosted deliverables. Some deliverables run on your own machine or account rather than on hosting we provide: for example Pine Script indicators and strategies loaded into your TradingView account, MetaTrader Expert Advisors installed on your own terminal or VPS, and order-bridge software you install yourself. Your Order says whether a setup is hosted or unhosted. For unhosted deliverables, the setup fee covers building, installing and demonstrating the deliverable, and the care plan covers updates and support while it is active. If the care plan ends, the deliverable stays on your machine as it is, but we have no obligation to update or support it, and clause 8.3 governs your licence to keep using our components in it.

3. Your responsibilities

3.1 Accounts. You provide and keep active the accounts the setup needs (for example a Meta Business account, a WhatsApp Business number, a Google account, broker or payment accounts). The accounts stay in your name. We may need admin or partner access to build and support the setup; you can remove that access at any time, but then we may not be able to deliver support.

3.2 Platform approvals. We submit message templates and configure the WhatsApp Business account on your behalf as part of every WhatsApp setup. Meta Business verification is required for WhatsApp setups; we prepare and submit the application using your documents, but approval is Meta's decision. WhatsApp display-name approval, Google Ads policy review and broker API activation remain your responsibility unless your Order says otherwise. Every approval decision is the platform's, not ours. Delivery timelines pause while approvals are pending.

3.3 Accurate business information. You give us correct, current details about your business: name, address, hours, services, prices, policies, and the content you want the AI to use. A setup can only be as accurate as the information behind it. You review and approve the content before go-live and tell us promptly when anything changes.

3.4 Lawful use. You use the setup only for a lawful business and in line with the laws that apply to you, including consumer-protection, advertising, data-protection, telecom and sector rules (for example, securities rules if you are a broker or advisor).

3.5 Consent to message your customers. When a setup sends messages or calls to your customers (WhatsApp, SMS, email, Telegram, voice), you are the sender. You are responsible for having the consent or other lawful basis needed to contact each person, honouring opt-outs, and following the platform's messaging rules (for example Meta's WhatsApp Business and Commerce policies and, in India, the telecom rules on commercial communication). Bulk sending requires opt-in and a working opt-out. We do not check your consent records.

3.6 Your customers' data. You decide what customer data the setup collects and how long it is kept. Under data-protection law (in India, the Digital Personal Data Protection Act, 2023; in the EU and UK, the GDPR) you are the data fiduciary or controller for your customers' data and we are your data processor. We process it only on your instructions and under the Data Processing Addendum in Annex A, which applies whenever we process personal data for you.

3.7 Cooperation. Delivery timelines assume you attend the setup call, answer our questions within one business day, and give access when asked. Delays on your side extend the timeline.

3.8 Sanctions and export. You confirm that you, your owners and the country you operate from are not subject to sanctions administered by the United Nations, India, the United States (OFAC), the EU or the UK, and that you are not in a country where our AI model providers or payment providers prohibit service. We may refuse or end a setup, without refund of amounts already spent on work performed, if serving you would breach those rules. You will not use a setup to export or re-export technology in breach of applicable export-control law.

4. Fees and payment

4.1 Two charges. Every setup has (a) a one-time setup fee and (b) a monthly care plan. India catalog setups are priced in INR: setup fee INR 5,000 to 25,000, care plan INR 1,000 to 6,000 per month, depending on the setup. Global catalog setups are priced in USD: setup fee USD 149 to 9,500, care plan USD 19 to 1,200 per month, depending on scope; the exact amounts are shown on each setup's page.

4.2 Setup fee comes first. We start work, and schedule the setup call, only after the setup fee is received in full.

4.3 Care plan is billed monthly in advance. The first month is billed at go-live. Each following month is billed on the same date. If a payment fails, we will remind you by email or WhatsApp at 3 and 7 days after the due date. If it remains unpaid 7 days after the failed payment, we pause monitoring and support. If it is still unpaid 14 days after the failed payment, we may switch off the hosted automation as described in the SLA, after telling you first. If you pay the outstanding amount within 30 days, we restore the setup without a new setup fee, unless the care plan has been cancelled in the meantime.

4.4 No lock-in. You can cancel the care plan at any time, effective from your next billing date. There is no minimum term and no cancellation fee. A month already paid is not refunded when you cancel.

4.5 Platform charges are separate. Platform and usage costs are not included in our fees and are billed to you directly by the provider. Examples: Meta WhatsApp Cloud API conversation fees, Google Ads spend, telecom and SMS charges, and AI model API usage (Anthropic, OpenAI) where the setup runs on your own API keys. You are responsible for these charges and for setting spend limits on those accounts.

4.6 Taxes. Listed INR prices are exclusive of GST. GST is charged on Indian invoices where applicable and our GSTIN is printed on the invoice. Services to clients outside India are exported from India; if any withholding or local tax applies in your country you are responsible for it and must provide us with the withholding certificate. USD prices shown at checkout may have VAT or sales tax added where the law requires it.

4.7 Payment methods. India: UPI, cards or net banking processed by Razorpay, or bank transfer. International: card via Stripe payment link. We never see or store your full card details.

4.8 Refunds. If we have not started work, or we cannot deliver the setup as scoped for reasons on our side, we refund the setup fee. Once work has started, the setup fee is non-refundable because the work is done for your business alone. Care-plan months already paid are not refunded when you cancel. If we end your care plan under clause 11.3, or an event covered by clause 14.1 stops the setup from operating, we refund prepaid care-plan days pro rata. Gateway fees are not deducted from refunds, and GST on a refunded invoice is reversed by credit note. Our Refund and Cancellation Policy at bharataisaathi.com/refund has the details. Where mandatory consumer law nonetheless applies to you, this clause applies only to the extent it does not reduce your statutory rights.

5. Delivery timelines

5.1 Targets. India catalog setups: live within 48 hours of the 20-minute setup call. Global catalog setups: 2 to 14 days from the setup call, depending on the setup.

5.2 Targets, not guarantees. These are the timelines we work to, not guaranteed dates. The clock pauses while we wait for your inputs, account access or a third-party approval (clause 3). Timelines can also stretch if a platform is down or changes its rules mid-project. We will keep you informed.

5.3 Go-live. A setup is live when it works as described in its scope on your accounts. Before go-live we run a test on your own number or sandbox (a test message, a test booking, a test call, as applicable) and ask you to confirm a written sign-off checklist. If you do not respond within 2 business days of our go-live notice, the setup is treated as delivered and the care plan runs from that date.

5.4 If we miss a target. If we are late for reasons on our side, tell us and we will treat it as a priority. Missing a target does not by itself entitle you to a refund or compensation, except as set out in clause 10 and the Refund Policy.

6. Acceptable use

6.1 You may not use a setup, or ask us to build one, to:

  • send spam, unsolicited bulk messages, or messages to people who have opted out;
  • pretend to be another person or business, hide from customers who is messaging them, or remove the automated-assistant disclosures described in clause 7.6;
  • run scams, phishing, fake reviews or misleading advertising;
  • sell or promote through WhatsApp anything Meta's commerce policy prohibits, including alcohol, tobacco and vaping products, weapons, adult content, gambling, unapproved medicines and supplements, and anything illegal in your country;
  • collect or process sensitive personal data (health, financial account details, government IDs, children's data) unless the scope expressly covers it and you have the lawful basis to do so;
  • break a platform's terms (Meta, Google, telecom providers, broker APIs, AI model providers), including trying to get around their approval steps, rate limits or policy checks;
  • give legal, medical, financial or investment advice through an AI reply as if it came from a licensed professional, unless you hold that licence and take responsibility for the advice;
  • record calls except where the law permits and the caller is told at the start of the call;
  • breach sanctions or export-control law (clause 3.8);
  • do anything unlawful in India or in the country where you operate.

Our Acceptable Use Policy at bharataisaathi.com/aup gives more detail and forms part of these Terms.

6.2 If a platform restricts, suspends or bans your account because of how the setup was used, that is between you and the platform. We can help you appeal as a change request, but we cannot promise reinstatement.

6.3 Suspension. We may suspend a setup if we reasonably believe it is being used in breach of this clause. We will tell you what the problem is and give you at least 3 business days to fix it before we suspend, unless the use is unlawful, is causing ongoing harm to others, or puts a platform account or our systems at immediate risk, in which case we may suspend first and tell you as soon as we can. We lift the suspension once the breach is fixed. Care-plan days lost during a suspension caused by your breach are not refunded.

7. AI limitations

7.1 AI can be wrong. Our setups use AI models from third-party providers: Anthropic (Claude) by default, and OpenAI where a setup specifies it. AI replies can be inaccurate, incomplete, out of date, or worded in a way you would not choose. This is a known limit of the technology, not a defect we can fully remove.

7.2 You are the sender. Every message, reply, call or piece of content a setup produces goes out in your business's name. You are responsible for it in the same way you would be if a member of your staff had sent it. You should review conversations regularly, correct the setup's knowledge when you see errors, and keep a person available to step in.

7.3 What we do to reduce errors. The AI answers only from your knowledge card, never commits on price, medical, legal or financial matters beyond what the card states, and escalates on defined triggers. A chat can be passed to your WhatsApp or phone: a customer can ask for a human at any time, and the bot then stops replying on that chat. We add an honest "I don't know" fallback where the setup supports it, and fix reported errors under your care plan.

7.4 Not professional advice; no SEBI registration. Nothing a setup produces is legal, medical, financial, tax or investment advice from us. We are not registered with SEBI as a stock broker, investment adviser, research analyst or algo provider, and we do not offer investment advice or execution services. Trading setups (for example order bridges, charting terminals, options terminals on broker APIs, Pine Script strategies and Expert Advisors) are delivered as software for you to run on your own broker account at your own risk. We do not manage money, give trade recommendations or promise any trading result. You are responsible for any registration, exchange empanelment, algo tagging or approvals required by SEBI, the exchanges or your broker, including under SEBI's framework for retail algorithmic trading, and for all risk disclosures to your own users.

7.5 Model changes. AI providers change, retire and reprice their models. The model is fixed per setup and can be switched on request under the care plan. We may also switch the model behind your setup to keep it working. If that noticeably changes how the setup behaves, we will tell you.

7.6 AI transparency. Where your end-customers are in the EU/EEA, the UK, or a US state with bot-disclosure laws (for example California), the setup will open conversations with a clear statement that the customer is talking to an automated assistant, and AI-generated video, audio or images we produce for you will carry the disclosure or machine-readable marking those laws require. Elsewhere the assistant identifies itself as automated by default and whenever a customer asks. You must not remove or disable these disclosures. The Acceptable Use Policy has the details.

8. Intellectual property

8.1 You own your data and content. Your business information, customer lists, end-customer conversations, brand assets and any content you give us stay yours. We use them only to deliver and support your setup. We do not sell data.

8.2 We own our components. The reusable parts we bring stay ours: code, prompts, workflow templates, connectors, bridges, dashboards, scripts, know-how and the products we have built in-house (including our trading platforms, order bridges, terminals, voice assistant, video pipeline, media-intelligence and lead-generation engines, VM hosting portal, and WhatsApp/Telegram automation bridges). Improvements we make while working on your setup are ours too. We may reuse these for other clients. Nothing you learn about how they work gives you a right to copy, resell or reverse-engineer them. Clause 10.9 protects you if our components infringe someone else's rights.

8.3 Your licence. While your care plan is active, you have a non-exclusive, non-transferable licence to use our components as part of your setup for your own business. When the care plan ends for any reason, the licence for hosted setups ends when the hosted automation is switched off (clause 11.4). For unhosted deliverables under clause 2.7 (Pine Script, MQL5 Expert Advisors, bridge software), you keep a perpetual, non-transferable licence to use the deliverable for your own business, without updates or support.

8.4 Configuration built for you. The specific configuration of your setup (your customised prompts, flows and templates) is delivered for your business and you may keep using it. We may keep a copy for support and reuse the generic, non-confidential parts elsewhere.

8.5 Feedback. If you suggest improvements, we may use them without owing you anything.

8.6 Third-party materials. Platforms, AI models and any open-source or licensed components belong to their owners and are used under their own licences.

8.7 Portfolio use. We may name you as a client and describe the type of setup we built, unless you tell us in writing not to. We will not share your confidential information or customer data when we do this.

8.8 Agencies and white-label. Agencies may resell our setups under their own brand at a 20% margin. In that case the agency stays the contracting party with its client, we support the agency and not the end client, and the agency is responsible to its client for the setup.

8.9 NDA. On request we sign your NDA or use our standard mutual NDA before you share confidential information with us.

9. Confidentiality

9.1 Each side keeps the other's confidential information private. Confidential information means anything a reasonable person would treat as private: on your side, business data, customer conversations, pricing, plans and account access; on our side, our components, prompts, methods and internal pricing.

9.2 Each side uses the other's confidential information only to perform under these Terms, protects it with reasonable care, and shares it only with people, subcontractors and sub-processors who need it and are bound to keep it confidential. Our sub-processors are listed in the Privacy Policy (currently Meta, Google, Anthropic, OpenAI, Hostinger, Twilio, Exotel, our payment providers and any contractors named there) and are governed by Annex A.

9.3 This does not cover information that is already public, was already known to the receiving side, is independently developed, or must be disclosed by law (with notice to the other side where the law allows).

9.4 This clause continues for 3 years after your last setup or care plan ends. For trade secrets, and for source code and prompts (yours or ours), it continues for as long as they remain confidential.

10. Warranties and limitation of liability

10.1 What we promise. We will deliver each setup with reasonable skill and care in line with its written scope, and provide care plan support during our support hours (Monday to Saturday, 10:00 to 19:00 IST, excluding Indian national holidays and Odisha state public holidays, response within 1 business day). The care plan includes monitoring and the fix targets in the SLA; we do not promise an uptime percentage.

10.2 What we do not promise. Beyond clause 10.1, setups are provided as they are. We do not promise that a setup will run without interruption or error, that AI replies will be accurate, that a platform will approve your account, or that a setup will produce any particular number of leads, bookings, sales or trading results.

10.3 Your remedy for a defect. If a setup does not work as scoped, tell us and we will fix it. If we cannot fix it within a reasonable time, we will refund the setup fee for that setup, and that is your full remedy for the defect.

10.4 Cap on liability. Our total liability to you for all claims under or connected with these Terms, including claims under the Data Processing Addendum in Annex A, is limited to the fees you actually paid us for the affected setup in the 3 months before the event that gave rise to the claim.

10.5 Excluded losses. We are not liable for lost profits, lost revenue, lost customers, lost data (beyond restoring what we hold), platform charges, ad spend, trading losses, fines or penalties from a platform or regulator caused by your use, or any indirect or consequential loss.

10.6 Third parties. We are not liable for outages, policy changes, bans, price changes or errors by Meta, Google, telecom providers, AI model providers, hosting providers, brokers or payment providers.

10.7 What is not limited. Nothing in these Terms limits or excludes liability for fraud, gross negligence or wilful misconduct, death or personal injury caused by negligence, your unpaid fees, or anything else that cannot be limited under the law that applies.

10.8 Your indemnity. You will cover our losses and reasonable legal costs from third-party claims that arise from your content, your customer data, messages sent without proper consent, your breach of platform rules or law, or your breach of clauses 3, 6 or 16. This is the only client indemnity in our documents; the Acceptable Use Policy refers back to this clause.

10.9 Our IP indemnity. We will defend and cover you against third-party claims that our components, as delivered by us and used as scoped, infringe that third party's intellectual property rights, provided you notify us promptly and let us control the defence. Our remedy may be to modify or replace the component or, if we cannot, to end the setup and refund the setup fee and unused care-plan days. This clause does not apply where the claim arises from your content, your instructions, or your use of the component outside its scope or in combination with things we did not supply. This clause is subject to the cap in clause 10.4.

11. Termination and cancellation

11.1 Cancelling a care plan. You can cancel any care plan at any time, effective from your next billing date, by messaging us on WhatsApp or email. No lock-in, no cancellation fee.

11.2 Cancelling before work starts. Either side can cancel a setup before work starts. We refund the setup fee in that case.

11.3 By us. We can end a care plan with 30 days' notice, refunding prepaid care-plan days pro rata from the end date. We can end it immediately if you breach clauses 3, 4, 6 or 16 and do not fix the breach within 7 days of our notice, or if the breach cannot be fixed. In that case we do not refund the current month, but we refund any months prepaid beyond it.

11.4 What happens after. Your accounts and your data remain yours. When the care plan ends for any reason, the hosted automation is switched off 7 days after the last paid day. During those 7 days you can ask for a data export. We remove our access to your accounts and delete the data we hold for you, including exported data, 30 days after termination, as set out in Annex A, except what we must keep by law. Unhosted deliverables stay with you under clause 8.3; your licence for hosted setups ends as clause 8.3 says. Clauses 4 (amounts due), 7, 8, 9, 10, 12, 14, 16 (to the extent of our legal retention duties) and the Data Processing Addendum in Annex A survive termination.

12. Governing law and disputes

12.1 Indian law. These Terms are governed by the laws of India.

12.2 Courts. Subject to clause 12.2A, the courts at Bhubaneswar, Odisha, India have exclusive jurisdiction over any dispute arising from these Terms or from a setup, including applications for interim relief and the enforcement of an arbitral award.

12.2A Arbitration. Any dispute not resolved under clause 12.3 shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator; the seat and venue of arbitration is Bhubaneswar, Odisha; the language is English; the award is final and binding on both sides. Either side may seek interim relief from the courts at Bhubaneswar. Small claims (below INR 50,000 or USD 1,000) may instead be brought in the courts at Bhubaneswar.

12.3 Talk first. Before starting arbitration or legal action, both sides agree to try to resolve the dispute by good-faith negotiation for at least 30 days, starting with a formal notice under clause 14.6.

12.4 International clients. If you are outside India, these Terms still apply, Indian law still governs, and disputes are resolved as set out in clauses 12.2 to 12.3. Consumer-protection laws in your country may give you rights that cannot be excluded by contract; nothing here takes those away. You are responsible for any tax, import or regulatory requirements that apply to buying services from India.

13. Changes to these Terms

13.1 We may update these Terms. The current version is always at bharataisaathi.com/terms with its "last updated" date.

13.2 If a change affects an active care plan, we will tell you by email or WhatsApp at least 30 days before it takes effect. If you do not agree, you can cancel from your next billing date. Continuing to pay for the care plan after the change takes effect means you accept the updated Terms.

13.3 Changes do not apply retroactively to a setup fee already paid or to a change request already approved.

14. Other terms

14.1 Events outside our control. Neither side is liable for failure or delay caused by events beyond its reasonable control, including natural disaster, epidemic, war, riots, government action, regional internet or power failure, or prolonged outage of a platform on which the setup depends. The affected side must notify the other promptly and use reasonable efforts to reduce the impact. Payment obligations for services already delivered continue. If the event prevents the setup from operating for more than 30 consecutive days, either side may end the care plan with immediate effect and we refund any prepaid care-plan days pro rata. Ordinary platform outages are handled under the SLA, not this clause.

14.2 Independent business. We are an independent contractor, not your employee, partner or agent.

14.3 Whole agreement. These Terms, the Privacy Policy, the Acceptable Use Policy, the SLA, the Refund Policy, the Data Processing Addendum in Annex A and your Order are the whole agreement between us for each setup. They replace anything said or written earlier about it. If they conflict, clause 1.5 sets the order of precedence.

14.4 Assignment. You may not transfer your setup or care plan to another business without our written consent. We may transfer these Terms to a successor entity that takes over the business, and will tell you if we do.

14.5 If a clause fails. If a court or arbitrator finds any clause unenforceable, the rest of the Terms still apply.

14.6 Notices. Routine communications may be sent by email or WhatsApp. Formal notices (breach, termination, dispute, indemnity claims) must be sent by email to support@bharataisaathi.com with a copy by registered post or courier to the postal address printed on your invoice, and to you at the email and postal address on your Order. Email notices are deemed received on the next Business Day after sending; post on the fifth Business Day. Either side may change its notice details by notice. A "Business Day" is Monday to Saturday, excluding Indian national holidays and Odisha state public holidays.

14.7 Contractors. The founder designs, builds and reviews every setup, working with AI agents and, occasionally, vetted contractors who help with specific integrations. Contractors work under NDA, with access limited to the task and revoked at handover. They are bound by confidentiality and data-protection obligations at least as strict as ours, and we remain fully responsible for their work. Contractors who process client or end-customer data are listed as sub-processors in the Privacy Policy.

14.8 Waiver. A delay or failure in enforcing a right under these Terms is not a waiver of that right, and a waiver on one occasion is not a waiver on any other.

14.9 No third-party rights. Nobody other than you and us has any right under these Terms.

14.10 Trademarks. Bharat AI Saathi and our logos are our marks. You may use them only to identify us as your provider, and we use your name and marks only as allowed by clause 8.7. Neither side may use the other's marks in any other way without written consent.

14.11 Language. These Terms are written in English. If we publish a translation (for example in Hindi or Odia), the English version prevails if there is any difference.

14.12 Non-solicitation. For 12 months after your last setup or care plan ends, neither side will directly solicit for employment or engagement any employee, contractor or freelancer of the other who worked on the setup, without the other's written consent. General job advertisements not aimed at that person are allowed.

14.13 Electronic contracting. These Terms, Orders and notices may be concluded and exchanged electronically (including by email, WhatsApp confirmation, online checkout or e-signature) and are valid under the Information Technology Act, 2000.

15. Contact

Bharat AI Saathi Operated by: Jayadev Rana Founder and CEO: Jayadev Rana Address: Bhubaneswar, Odisha, India. The full postal address appears on every invoice and is available on request. GST: GST is charged on Indian invoices where applicable and our GSTIN is printed on the invoice.

WhatsApp: +91 77352 68199 (mark urgent matters "urgent") Email: support@bharataisaathi.com Support hours: Monday to Saturday, 10:00 to 19:00 IST, excluding Indian national holidays and Odisha state public holidays. We reply within 1 business day. Requests for founder review are answered within 2 business days.

Grievance officer (data protection, hosting, VM and intermediary complaints, clause 16): Jayadev Rana, support@bharataisaathi.com, same postal address as above. Hosting and intermediary complaints are acknowledged within 24 hours of receipt on any day, including Sundays and holidays, and resolved within 15 days. No EU/UK representative is appointed at this time; EU/UK visitors contact the same address.

Clauses 16 and 17 and Annex A follow this contact section.

16. Hosting and VM services

16.1 When this clause applies. This clause applies whenever we host a setup for you or provide you with a virtual machine, server or storage, including through our on-demand Windows VM hosting portal and hosted bots. Our website is hosted on Hostinger (Asia region). Automations run on our own servers in India or on Google Cloud, region asia-south1 (Mumbai), depending on the setup. It applies alongside the rest of these Terms, the Acceptable Use Policy and the SLA. Under Indian law, when we host content or systems for you we act as an intermediary, and the Information Technology Act, 2000, the IT Rules, 2021 and the CERT-In Directions of 28 April 2022 apply to us.

16.2 Identity verification before provisioning. Before we provision a VM or hosting for you, you must complete our identity and business verification (KYC): the legal name, address, contact details, a government-issued identity document of the person ordering and, for a business, its registration or GST details, together with the purpose of the hosting and your ownership pattern where the law requires it. We may refuse or delay provisioning until verification is complete. We keep these records for 5 years after the service ends, as CERT-In requires.

16.3 Logs and clocks. We keep logs of our hosting and VM systems for at least 180 days, stored in India, and synchronise our system clocks to the official NTP servers of NIC or NPL. You must not disable or tamper with logging on a VM we provide. Details of what is logged are in the Privacy Policy.

16.4 Cyber-incident reporting. We report the categories of cyber incident listed in the CERT-In Directions to CERT-In within 6 hours of noticing or being told about them. You must tell us of any security incident on your hosted setup or VM as soon as you become aware of it, and in any case quickly enough for us to meet that deadline, and you must cooperate with any information request from CERT-In or another authority that we are required to answer. Where the incident involves personal data, Annex A also applies.

16.5 Notice and takedown. Anyone may send a notice to our grievance officer (clause 15) about hosted content that they believe infringes their copyright or other rights or is unlawful. A valid notice must identify the content, the location, the right claimed and the person complaining. On a valid notice, a court order or a lawful direction from a government agency, we may disable access to the content or suspend the VM within the time the law requires (currently 36 hours for court or government directions). We will tell you and, where the notice was wrong or no court order follows within the period the Copyright Rules, 2013 allow, we restore access. We will not assess the merits of disputes between you and the complainant beyond what the law requires of an intermediary.

16.6 Grievance officer. Complaints about hosted content or hosting services go to the grievance officer named in clause 15. We acknowledge each complaint within 24 hours of receipt (on any day, not only business days) and resolve it within 15 days.

16.7 Your responsibilities for a VM. You are responsible for everything that runs on a VM we provide, including the software you install, the licences it needs, the data you store and the traffic it generates. You will keep your own backups unless your Order includes backup. You will not use a VM for anything prohibited by clause 6 or the Acceptable Use Policy, including cryptomining, attacks, spam or unlicensed software.

16.8 Government requests. We may be legally required to give information about you or your hosted systems to Indian authorities. We will tell you when the law allows us to.

16.9 End of hosting. When hosting ends, we give you 7 days after the last paid day to download your data and then delete the VM and its storage, subject to the retention duties in clauses 16.2 and 16.3 and Annex A.

17. Website terms

17.1 Who this applies to. This clause applies to everyone who visits bharataisaathi.com, whether or not they buy anything. The site uses no analytics or advertising cookies; it stores only essential browser settings (theme and currency), as the Cookie Policy explains.

17.2 Site content is ours. The text, guides, catalog pages, images, code, pricing tables, videos and design of the site belong to us or our licensors. You may read and share links to them, and copy short extracts with attribution, but you may not copy, scrape, republish or sell the site content, or use it to train an AI model, without our written consent.

17.3 Guides are not professional advice. Blog posts, catalog pages and guides on the site are general information about AI automation for local businesses. They are not legal, tax, financial, medical or investment advice, and examples of results are illustrations, not promises.

17.4 The demo chat is a simulation. Any demo chat, demo call or sample conversation on the site is a simulation to show how a setup works. It is not connected to a real business, it may be scripted or run on a test AI model, and nothing it says is an offer or a commitment by us.

17.5 No warranty for the site. We try to keep the site accurate and available, but it is provided as it is. We do not promise it will be error-free, uninterrupted or free of viruses, and we may change or remove any part of it at any time. Prices and catalog details on the site are indicative until confirmed in an Order.

17.6 Links. The site may link to third-party sites and platforms. We do not control them and are not responsible for their content or terms.

17.7 Website liability. Clauses 10, 12 and 14 apply to your use of the site as far as the law allows.

Annex A: Data Processing Addendum

This Data Processing Addendum ("DPA") forms part of the Terms and applies whenever we process personal data on your behalf while delivering or supporting a setup. If this DPA and the rest of the Terms conflict on a data-protection matter, this DPA wins. The Privacy Policy, Acceptable Use Policy and SLA refer to this DPA where they mention processor terms.

A.1 Roles. You are the data fiduciary (under the Digital Personal Data Protection Act, 2023, "DPDP Act") or controller (under the EU or UK GDPR) of the personal data the setup handles. We are your data processor. If you are yourself a processor acting for your own client, you confirm that your client has authorised us as a sub-processor on these terms.

A.2 Details of the processing.

  • Subject matter: the setup and care plan described in your Order.
  • Duration: for as long as the setup or care plan is active, plus the deletion period in A.9.
  • Nature and purpose: receiving and sending messages and calls, answering questions, booking appointments, capturing leads, sending reminders, taking orders, routing trading instructions to your broker account, producing content and reports, and the monitoring and support needed to keep the setup running, all within the scope of your Order.
  • Data subjects: your customers and prospects, people who contact your business on WhatsApp, Telegram, phone, email, Instagram or your website, your staff who use the setup, and users of any trading setup you operate.
  • Categories of data: names, phone numbers, email addresses, chat and voice transcripts and recordings, booking and order details, customer preferences, lead-form answers, order and trade instructions, and anything else you configure the setup to collect. No health, financial-account, government-ID or children's data unless your Order expressly covers it.
  • Retention: lead-form data 12 months; end-customer conversation logs 90 days by default (you can shorten or extend this in writing); operational backups 30 days; invoices and tax records 8 years as required by Indian law.

A.3 Instructions. We process personal data only on your documented instructions: these Terms, your Order, the setup configuration you approve, and any later written instructions. If we think an instruction breaks data-protection law, we will tell you and may pause that processing. We may process data where the law requires us to, in which case we tell you first unless the law forbids it.

A.4 Confidentiality. Everyone who processes personal data for us, including the founder and any contractors, is bound by written confidentiality obligations and is given access only to what they need for their work.

A.5 Security. We apply the security measures described in clause 8.1 of the Privacy Policy, including: access to your accounts and data limited to the people who need it and removed when they no longer do; your credentials stored in an encrypted secrets store and never shared in chat or email; encryption in transit for all data flows; separate configurations for each client; logging of administrative access; regular backups where hosting is included; and safeguards against prompt-injection and data leakage in AI workflows. We review these measures at least once a year and when we add a new type of setup.

A.6 Sub-processors. You give us general authorisation to use the sub-processors listed in clause 6.1 of the Privacy Policy (currently Meta for the WhatsApp Cloud API; Google for Workspace, Calendar, Ads and Google Cloud; Anthropic and OpenAI for AI model APIs; Hostinger for hosting; Twilio and Exotel for telephony; Stripe and Razorpay for payments; and any contractors named there). Where a setup runs on your own API keys or accounts, that provider is your processor directly, not our sub-processor. We give you at least 15 days' notice by email before adding or replacing a sub-processor. You may object in writing within that period on reasonable data-protection grounds. If we cannot resolve the objection, you may end the affected setup and we refund prepaid care-plan days pro rata. We impose data-protection obligations on each sub-processor that are at least as strict as this DPA, and we remain responsible to you for their work.

A.7 Assistance. If a person asks us to access, correct, erase or restrict their data, or objects to processing, we pass the request to you within 3 business days and do not respond ourselves unless you ask us to. We help you respond to such requests, carry out data-protection impact assessments and consult regulators, taking into account the nature of the processing and the information we hold. Help that goes beyond what the setup and care plan normally involve may be charged as a change request.

A.8 Personal-data breach. If we become aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to your personal data, we notify you without undue delay and in any event within 48 hours, with what we know about the nature of the breach, the data and people affected, the likely consequences and the steps taken or proposed. We help you meet your own notification duties (to the Data Protection Board of India and affected data principals under the DPDP Act, or to a supervisory authority within 72 hours under the GDPR). We do not notify regulators or data subjects on your behalf unless you ask us to or the law requires it.

A.9 Deletion or return. During the 7 days after the setup or care plan ends you may ask in writing for an export of your personal data. Within 30 days after termination we delete your personal data, including exported copies held by us and copies held by our sub-processors as far as their terms allow, and confirm deletion on request. We may keep data that the law requires us to keep (for example hosting logs under clause 16.3 and invoices and tax records for 8 years), and we keep it confidential and use it only for that purpose.

A.10 Audit. Once a year, on request, we answer a written security and data-protection questionnaire within 30 days and provide the supporting documents we reasonably can. If a regulator requires it, or after a personal-data breach affecting your data, you may carry out an on-site or remote audit on at least 15 days' notice, during business hours, at your cost, limited to the systems and records used for your data and subject to our confidentiality obligations to other clients.

A.11 International transfers. We are located in India, which does not have an EU or UK adequacy decision. For clients in the EU/EEA, the EU Standard Contractual Clauses (Commission Decision 2021/914), Module 2 (controller to processor) or, where you are yourself a processor, Module 3 (processor to processor), are incorporated into this DPA with you as data exporter and us as data importer; for UK clients, the UK International Data Transfer Addendum to those clauses (or the IDTA) is incorporated. The options and annexes of the clauses are completed as follows: Clause 7 (docking) applies; Clause 9 option 2 (general authorisation, 15 days' notice); Clause 11 optional language not applied; Clause 13 and 17: the law of the EU member state in which you are established; Clause 18: the courts of that member state; Annex I is completed by A.2 and clause 15 of the Terms; Annex II is completed by A.5; Annex III by A.6. Onward transfers to our sub-processors (Meta, Google, Anthropic, OpenAI, Stripe, Twilio) rely on standard contractual clauses or the provider's own approved transfer mechanism, as published by each sub-processor. We provide a transfer risk assessment on request. If a transfer mechanism becomes invalid, we work with you in good faith to put an alternative in place. Where the setup runs on your own accounts with those providers, you are the exporter to them.

A.12 DPDP Act obligations. Under section 8 of the DPDP Act we process personal data only under this contract and your instructions; apply reasonable security safeguards; tell you of any personal-data breach as set out in A.8; delete personal data as set out in A.9 or when you tell us the purpose is served; keep the data confidential; and give you the information you need to fulfil your own duties to data principals and the Data Protection Board of India. Our grievance officer for data-protection matters is Jayadev Rana, support@bharataisaathi.com. We do not process children's data unless your Order expressly covers it and you have verifiable parental consent.

A.13 Liability and term. Each side's liability under this DPA is subject to clause 10 of the Terms, including the cap in clause 10.4, except as set out in clause 10.7. This DPA lasts for as long as we process personal data for you and its obligations on confidentiality and deletion survive after that.