Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and SwanDigitals, a sole proprietorship with its registered office at B31 Flat, Aaykar Society, Kothrud, Pune, Maharashtra 411038, India ("SwanDigitals", "we", "us", or "our").

SwanDigitals provides a cloud-hosted AI-powered customer engagement platform for Indian small and medium businesses that enables customers to:

• Build and deploy conversational AI chatbots across WhatsApp, Facebook, and web chat
• Deploy AI calling agents for inbound and outbound +91 phone calls
• Integrate with supported third-party systems (HubSpot, Calendly, Razorpay, Mautic, n8n, and others on request)
• Analyze conversation data and performance metrics

Service tiers, features, and limitations are described in our Pricing Page.

To use the Service, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Be at least 18 years old or the age of majority in your jurisdiction
• Have authority to bind your organization if registering on behalf of a company
• Notify us immediately of any unauthorized access

3.1 Third-Party Authentication (Google OAuth)

We offer the ability to register and log in to the SwanDigitals dashboard using third-party authentication services, specifically Google OAuth. By utilizing Google Authentication:

• You authorize us to access and use your basic Google profile information (name and email) strictly for the purpose of granting you account access.
• You remain responsible for maintaining the security of your Google account and any actions taken under it.
• Your use of Google Authentication is also governed by Google's applicable Terms of Service and Privacy Policy.

You remain responsible for all activities that occur under your account, regardless of the authentication method used.

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit harmful, offensive, defamatory, or illegal content
• Infringe intellectual property rights of others
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt the Service or servers
• Resell, redistribute, or sublicense the Service without authorization
• Use the Service for fraud, phishing, or deceptive practices
• Process sensitive personal data without appropriate safeguards under the DPDP Act 2023 (Digital Personal Data Protection Act)
• Build competing products using our technology

5.1 Our Intellectual Property

The Service, including all software, algorithms, user interfaces, documentation, and branding, is owned by SwanDigitals and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service during your Subscription.

5.2 Your Intellectual Property

You retain all rights to Customer Data you upload or create. You grant SwanDigitals a limited license to process Customer Data solely to provide the Service.

5.3 Feedback

If you provide suggestions or feedback, you grant us a royalty-free, perpetual license to use such feedback for any purpose.

• Billing: Fees are billed in advance on a monthly or annual basis
• Currency: All prices are in INR unless otherwise specified
• GST: Prices exclude GST, which will be added where applicable
• Payment Methods: Credit card, UPI, NEFT/RTGS, or bank transfer
• Refunds: No refunds for partial periods except as required by law
• Price Changes: 30 days notice for price increases
• Late Payments: Interest at applicable rates under Indian law

We work to maintain high availability, excluding scheduled maintenance (with 48h notice) and force majeure events.

Data processing is governed by our Privacy Policy and, where applicable, a Data Processing Agreement (DPA) in accordance with the DPDP Act 2023 (Digital Personal Data Protection Act).

• SwanDigitals acts as Data Processor for Customer Data
• You remain Data Controller for End User data
• Customers may request a signed Data Processing Agreement (DPA)

Service Warranty: We warrant that the Service will perform substantially in accordance with the documentation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Our total liability shall not exceed the fees paid in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for loss of profits, data, or business opportunities

These limitations do not apply to liability for fraud, gross negligence, or personal injury.

• By You: Cancel anytime with 30 days notice
• By SwanDigitals: We may terminate for material breach with 30 days notice to cure
• Immediate Termination: For illegal use or non-payment after 30 days
• Data Export: You may export Customer Data within 30 days of termination
• Data Deletion: Customer Data deleted within 60 days of termination

These Terms are governed by the laws of India and the state of Maharashtra, excluding its conflict of laws principles.

Dispute Resolution: Any disputes shall be resolved by the courts of Pune, Maharashtra, India. For business customers, we offer mediation before litigation.

We may modify these Terms with 30 days notice. Material changes will be communicated via email and/or notice within the Service. Continued use after changes take effect constitutes acceptance.