Terms of Service

1. The Service

The Service is a customer-relationship-management tool that lets your team capture leads, log notes, manage a sales pipeline, and receive follow-up reminders, operated through your own WhatsApp Business number and an accompanying web dashboard. We may add, change, or remove features over time.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract.
• If you use the Service on behalf of an organisation, you confirm you are authorised to bind that organisation to these Terms.
• You are responsible for your account credentials and for all activity under your account, and must keep credentials confidential.

3. Subscriptions, billing, and taxes

• The Service is offered on paid subscription plans, priced per user per month, billed monthly or annually as you select. Current pricing is shown on our pricing page and may change on renewal.
• Fees are exclusive of applicable taxes (including GST), which you are responsible for.
• Subscriptions renew automatically for the same period unless cancelled before the renewal date.
• Refunds and cancellations are governed by our Refund & Cancellation Policy.

4. Free trial

We offer a 14-day free trial. No charge is made during the trial. If you do not subscribe by the end of the trial, access may be suspended and, after a reasonable period, your data may be deleted in line with our Privacy Policy.

5. WhatsApp and message charges

The Service runs on your WhatsApp Business number through the official WhatsApp Business Platform. Your use must comply with WhatsApp's applicable business and messaging policies. Any charges levied by the messaging platform for outbound messages are separate from your subscription fees and may be billed to you.

6. Acceptable use

You agree not to, and not to permit others to:

• Use the Service for unlawful, deceptive, or harmful purposes, or to send spam or unsolicited messages in violation of applicable law or platform policies.
• Message individuals without a lawful basis or the consent required under applicable law.
• Reverse-engineer, resell, or attempt to gain unauthorised access to the Service or its systems.
• Upload malware, or content that infringes the rights of others or violates law.

7. Your data and responsibilities

• As between you and us, you own the customer data you enter into the Service ("Customer Data"). You grant us the rights needed to host and process it to provide the Service.
• You are the Data Fiduciary for Customer Data and are responsible for collecting and using it lawfully, including obtaining any consents required to contact your leads and customers.
• Our processing of Customer Data is governed by our Data Processing Agreement, which forms part of these Terms.

8. Intellectual property

The Service, including its software, design, and the Zublox name and marks, is owned by DataSmart and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. We may use your feedback to improve the Service without obligation to you.

9. Availability and support

We aim to keep the Service available and to provide reasonable support, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance and may suspend access where necessary for security or legal reasons.

10. Suspension and termination

• You may cancel your subscription at any time in line with the Refund & Cancellation Policy.
• We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service unlawfully.
• On termination, your right to use the Service ends. We will handle your data as described in the Privacy Policy and DPA.

11. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, or loss of profits or data. Our total aggregate liability arising out of or relating to the Service will not exceed the amount you paid us for the Service in the twelve months preceding the event giving rise to the claim.

13. Indemnity

You agree to indemnify and hold DataSmart harmless from claims arising out of your Customer Data, your use of the Service in breach of these Terms, or your violation of law or third-party rights.

14. Governing law and jurisdiction

These Terms are governed by the laws of India. The courts at Rajkot, Gujarat, India will have exclusive jurisdiction over any dispute, subject to applicable law.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by posting the updated Terms here with a revised date and, where appropriate, by other reasonable means. Continued use after changes take effect constitutes acceptance.

16. Contact

DataSmart Global Consultants LLP
Registered office: Hari Om, Navjyot Park-1, B/H Jade Blue, 150-ft Ring Road, Rajkot, Gujarat 360005, India
Email: jaimin@dataproconsult.com