Terms & Conditions

1. Definitions

• "Service" means the Magnis App SaaS platform, including all web applications, APIs, mobile applications, and associated documentation made available by us.
• "Tenant" means a registered organisation account on the Service.
• "Authorised User" means any individual you permit to access the Service under your Tenant account.
• "Customer Data" means all data, content, and information you or your Authorised Users submit, upload, or generate through use of the Service.
• "Subscription Plan" means the plan tier (Starter, Growth, or Pro) selected by you, including any add-ons.
• "Trial Period" means a 14-calendar-day period during which the Service is provided at no charge, commencing on the date your Tenant account is provisioned.

2. Account Registration & Eligibility

• You must be at least 18 years old and legally capable of entering into binding contracts.
• You must provide accurate, current, and complete information during registration and keep it updated.
• One Tenant account per legal entity. You may not create multiple accounts to circumvent plan limits or other restrictions.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
• You must notify us immediately at support@magnisai.com if you suspect any unauthorised access to your account.

3. Subscription Plans, Fees & Payment

3.1 Plans & Pricing

Current plan pricing is listed on our pricing page. We reserve the right to change prices with 30 days' written notice. Price changes take effect at the next renewal cycle after notice.

3.2 Billing Cycle

Subscriptions are billed monthly or annually in advance in Indian Rupees (INR). All amounts are exclusive of GST and any other applicable taxes, which shall be payable by you.

3.3 Free Trial

Your first 14 days are free. No credit card is required to start. At the end of the Trial Period, your account will be downgraded to the free tier or suspended unless you add a valid payment method and activate a paid plan. Features available during trial correspond to the Growth plan regardless of your selected plan, except that Pro-specific features (shared inbox, assignment rules, audit trail) will be accessible during trial if you selected Pro — and will be disabled at trial end unless you are on a paid Pro plan.

3.4 Late Payments & Suspension

Invoices unpaid for more than 7 days after the due date may result in account suspension. Data is retained for 30 days after suspension. After 30 days, we may permanently delete your Tenant account and all associated Customer Data.

3.5 Refunds

All fees are non-refundable except as expressly required by applicable law (including the Consumer Protection Act, 2019, to the extent applicable). If we terminate your account for convenience, we will provide a pro-rata refund for unused days.

4. Acceptable Use

You agree not to use the Service to:

• Transmit, store, or process data in violation of any applicable law, including the Information Technology Act, 2000 and rules thereunder, the Digital Personal Data Protection Act, 2023 ("DPDPA"), and any sector-specific regulations.
• Send unsolicited bulk communications (spam), phishing messages, or fraudulent content via any integrated channel (WhatsApp, SMS, email).
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service.
• Sell, resell, sublicense, or provide access to the Service to third parties (unless you are an authorised reseller).
• Introduce viruses, malware, or other malicious code into the Service or its infrastructure.
• Use the Service to store or process sensitive personal data (as defined under DPDPA) — including health, financial, biometric, or children's data — without our prior written consent and appropriate safeguards.
• Conduct any activity that places unreasonable load on our infrastructure, including denial-of-service attacks or automated scraping at scale.
• Impersonate any person or entity or misrepresent your affiliation.

Violation of this section may result in immediate account suspension without notice and without refund.

5. Customer Data & Data Processing

5.1 Ownership

You retain full ownership of all Customer Data. We do not claim any intellectual property rights over your data.

5.2 Licence to Process

By using the Service, you grant us a limited, non-exclusive licence to host, copy, transmit, and display Customer Data solely to the extent necessary to provide and improve the Service.

5.3 Data Localisation

All Customer Data is stored in India (AWS ap-south-1 region). We will not transfer your data outside India without your explicit consent, except where required by law.

5.4 Data Protection

We implement industry-standard technical and organisational measures including encryption at rest (AES-256) and in transit (TLS 1.2+), role-based access control, and audit logging. Full details are in our Privacy Policy.

5.5 Data Processor vs. Controller

You are the Data Fiduciary (controller) and we act as a Data Processor under the DPDPA for all personal data you upload about your customers, leads, or contacts. You are responsible for having a lawful basis to collect and process such data and for providing appropriate notices to data subjects.

5.6 Data Deletion

Upon termination or written request, we will delete or return all Customer Data within 30 days. Backups may be retained for up to 60 days and are then securely destroyed.

5.7 Data Breach Notification

In the event of a personal data breach that is likely to affect your rights, we will notify you within 72 hours of becoming aware, as required under applicable law.

6. Data Theft & Security Obligations

6.1 Our Obligations

• We maintain a written information security programme (WISP) aligned with ISO/IEC 27001 principles.
• Access to Customer Data by our personnel is limited to what is necessary to provide the Service and is subject to confidentiality obligations.
• We conduct regular vulnerability assessments and penetration tests. Material security issues discovered are patched within 7 days for critical severity.
• Sub-processors (cloud infrastructure, email, WhatsApp APIs) are contractually required to maintain equivalent security standards.

6.2 Your Obligations

• You are responsible for securing your own systems and credentials.
• You must enable and enforce MFA for users with administrative access where the feature is available.
• You must not share API keys, session tokens, or Authorised User credentials with unauthorised parties.
• You must promptly report any suspected security incident involving your account to support@magnisai.com.

6.3 Prohibited Data Exfiltration

Any unauthorised copying, extraction, or exfiltration of data from the Service — including through automated scraping, API abuse, or internal system access — constitutes a material breach of this Agreement and may constitute an offence under the Information Technology Act, 2000 (Sections 43, 66, 66B, 66C, 66E) and the DPDPA. We reserve the right to pursue all available legal remedies.

7. WhatsApp & Messaging Compliance

• Use of WhatsApp features (Baileys or WABA) is subject to Meta's WhatsApp Business Terms of Service, which you agree to by enabling these features.
• You must obtain explicit consent from recipients before sending them marketing, promotional, or bulk messages via WhatsApp or SMS.
• You must maintain opt-out mechanisms and honour all opt-out requests within 24 hours.
• Violation of TRAI regulations (including the TCCCPR, 2018) or Meta's policies may result in your messaging access being revoked without refund.
• You are solely responsible for the content of all messages sent through the Service. We are not liable for messages sent by you or your Authorised Users.

8. Intellectual Property

• The Service, including all software, design, trademarks, and content created by us, is our exclusive intellectual property or that of our licensors.
• This Agreement does not transfer any ownership rights to you. You receive only the limited right to access and use the Service during the subscription term.
• Feedback or suggestions you provide about the Service may be used by us without any obligation to compensate you.

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available through no fault of the receiving party, or that is required to be disclosed by law or court order (with prior notice where permitted).

10. Uptime, SLA & Support

10.1 Uptime Target

We target 99.5% monthly uptime for the Service, excluding scheduled maintenance (announced 48 hours in advance) and events outside our reasonable control.

10.2 Support

Support is provided via email and in-app chat. Response times vary by plan: Starter (48 hours), Growth (24 hours), Pro (8 hours on business days). Critical production outages for Pro customers are responded to within 4 hours at all times.

10.3 Maintenance

Scheduled maintenance is performed during low-traffic windows (typically 2–5 AM IST on weekends). Emergency maintenance may occur without advance notice.

11. Limitation of Liability

To the fullest extent permitted by applicable law:

• Our total aggregate liability for any claims arising under or related to this Agreement shall not exceed the fees paid by you in the 12 months preceding the claim.
• Neither party shall be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, business, or goodwill, even if advised of the possibility of such damages.
• These limitations apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
• Nothing in this Agreement excludes liability for fraud, willful misconduct, or death/personal injury caused by negligence.

12. Indemnification

You agree to indemnify, defend, and hold harmless Magnis App and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of this Agreement; (b) your Customer Data; (c) your violation of any applicable law or third-party rights; or (d) any dispute between you and your end customers or contacts.

13. Term & Termination

13.1 Term

This Agreement begins on the date you create your account and continues until terminated.

13.2 Termination for Convenience

You may terminate at any time by cancelling your subscription from the billing settings. We may terminate for convenience with 30 days' notice.

13.3 Termination for Cause

Either party may terminate immediately upon written notice if the other materially breaches this Agreement and fails to cure within 14 days of notice. We may suspend or terminate immediately for violations of Sections 4 or 6.

13.4 Effect of Termination

Upon termination, your access to the Service ceases. We will provide a 30-day data export window. After that period, all Customer Data may be permanently deleted. Sections 5.1, 8, 9, 11, 12, 15, and 16 survive termination.

14. Compliance & Regulatory Obligations

• DPDPA Compliance: Both parties agree to comply with the Digital Personal Data Protection Act, 2023 and any rules or regulations made thereunder as they apply to their respective roles (Fiduciary / Processor).
• IT Act Compliance: Use of the Service is subject to the Information Technology Act, 2000 and the IT (Amendment) Act, 2008.
• GST: You are responsible for determining whether GST applies to your use of the Service. We will issue GST-compliant invoices where applicable.
• SEBI / RBI / IRDAI / RERA: If you operate in a regulated sector, you are solely responsible for ensuring your use of the Service complies with all applicable sector regulations.
• RERA (Real Estate): If you use the RE CRM module, you are responsible for ensuring all project listings and customer communications comply with the Real Estate (Regulation and Development) Act, 2016.
• Export Controls: You agree not to export or re-export any Service-related technical data to any country or person in violation of Indian export control laws.

15. Dispute Resolution & Governing Law

15.1 Governing Law

This Agreement is governed by the laws of India, without regard to conflict of law principles.

15.2 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation for at least 30 days.

15.3 Arbitration

Any dispute not resolved informally shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English in Bengaluru, Karnataka, India before a sole arbitrator mutually agreed upon by the parties.

15.4 Jurisdiction

For interim relief or enforcement of an arbitral award, the parties submit to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.

16. General

• Entire Agreement: This Agreement and the Privacy Policy constitute the entire agreement between the parties with respect to the Service and supersede all prior discussions.
• Amendments: We may update these Terms at any time. We will notify you by email and in-app notification at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement rights.
• Assignment: You may not assign this Agreement without our written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force Majeure: Neither party is liable for delays or failures caused by events beyond their reasonable control (natural disasters, government actions, internet infrastructure failures, etc.).
• Notices: Legal notices to us must be sent to support@magnisai.com. Notices to you will be sent to the email associated with your account.