Terms & Conditions
These Terms & Conditions ("Terms") govern access to and use of the PrasarAI platform, website, software, integrations, automation tools, artificial intelligence features, and related services (collectively, the "Services").
By accessing or using the Services, purchasing a subscription, executing an order form or proposal that references these Terms, or otherwise engaging PrasarAI to provide the Services, you agree to be bound by these Terms.
If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.
1. About PrasarAI
PrasarAI provides a customer engagement and automation platform designed to help businesses manage and automate customer interactions and related workflows across channels including WhatsApp.
The Services may include customer communication tools, lead management, workflow automation, marketing and engagement capabilities, conversational commerce, customer support, AI-powered features, integrations with third-party platforms, analytics, and related functionality.
For these Terms, "PrasarAI", "we", "us", or "our" refers to PrasarAI Inc.
2. Eligibility and Business Use
The Services are intended primarily for businesses and organizations. You represent that you have the legal capacity and authority to enter into these Terms and use the Services for lawful business purposes. You are responsible for ensuring that anyone using PrasarAI through your account complies with these Terms.
3. Your Account
Certain Services may require an account. You are responsible for:
- providing accurate and current account information;
- maintaining the confidentiality of your login credentials;
- controlling access granted to employees, contractors, agents, and other users;
- promptly informing us of suspected unauthorized access; and
- all activity conducted through your account.
You must not share access credentials in a manner that compromises the security of the Services.
4. Services and Implementation
The exact Services provided to you may depend on your subscription plan, proposal, quotation, order form, statement of work, or other commercial agreement with PrasarAI.
Implementation may include activities such as onboarding, configuration, integration, workflow setup, WhatsApp Business Platform setup, data migration, training, or customization.
Where a separate commercial agreement or order form specifies pricing, scope, implementation obligations, or other commercial terms, those specific terms will apply in addition to these Terms. If there is a direct conflict, the specific commercial agreement will prevail for the subject matter covered by that agreement.
5. WhatsApp, Meta and Third-Party Platforms
PrasarAI may integrate with third-party services including Meta, WhatsApp Business Platform, IndiaMART, TradeIndia, Google services, and other software or infrastructure providers.
Your use of those services remains subject to the respective third party's terms, policies and requirements. Where you use WhatsApp through PrasarAI, you are responsible for complying with applicable Meta and WhatsApp policies, including requirements relating to customer consent, approved message templates, messaging categories, acceptable content, opt-outs, and other platform rules.
PrasarAI does not control third-party platforms and cannot guarantee their continued availability, functionality, pricing, approval processes, APIs, policies, or service levels. Changes made by third-party providers may affect features available through PrasarAI.
6. Customer Communications and Consent
You are responsible for ensuring that you have the necessary lawful basis, consent, authorization, or other permission required to contact customers and prospects through the Services.
You must comply with applicable laws, regulations, industry requirements, and platform policies governing commercial communications, marketing, privacy, data protection and customer consent. You must honor applicable opt-out, unsubscribe, or communication-preference requests.
PrasarAI provides technology for executing customer engagement workflows. You remain responsible for determining whom your business is legally permitted to contact and what communications it is permitted to send.
7. Customer Data
You retain ownership of data, information, content, customer records, conversations, documents and other materials that you or your authorized users provide to the Services ("Customer Data").
You grant PrasarAI a limited right to process Customer Data to the extent necessary to provide, maintain, secure, support and improve the Services. You represent that you have the rights and permissions necessary to provide Customer Data to PrasarAI and permit its processing for these purposes.
Our handling of personal information is also governed by our Privacy Policy.
8. AI and Automated Features
Certain PrasarAI features may use artificial intelligence, machine learning, rules-based automation, or other automated technologies. These systems may assist with activities such as answering questions, classifying inquiries, extracting information, recommending actions, qualifying leads, triggering workflows, generating responses, or automating customer interactions.
AI-generated or automated outputs may occasionally be incomplete, inaccurate or inappropriate for a particular situation. You are responsible for determining the appropriate level of automation for your business and for implementing human review where decisions require professional expertise, negotiation, judgment, regulatory compliance, or other meaningful human involvement.
PrasarAI does not guarantee that automated or AI-generated outputs will always be accurate or suitable for every business context.
9. Acceptable Use
You must not use the Services to:
- violate applicable laws or regulations;
- send unlawful, deceptive, fraudulent or unauthorized communications;
- send spam or communications without required permissions;
- impersonate another person or organization;
- distribute malware or malicious code;
- attempt unauthorized access to PrasarAI or third-party systems;
- interfere with the security or operation of the Services;
- scrape, reverse engineer or misuse the Services except where expressly permitted by law;
- infringe intellectual property, privacy or other rights;
- transmit content prohibited by applicable third-party platform policies; or
- use the Services in a manner reasonably likely to harm PrasarAI, its infrastructure, its partners or other customers.
We may suspend or restrict access where we reasonably believe use of the Services violates these requirements.
10. Fees, Payment, Cancellation and Refunds
Fees for the Services will be specified in the applicable proposal, quotation, subscription, invoice, order form or commercial agreement.
Fees may include subscription or licence charges, implementation or setup fees, customization charges, usage-based fees, third-party charges, or other agreed charges.
Unless expressly stated otherwise:
- applicable taxes are additional;
- invoices must be paid within the payment period stated on the invoice or commercial agreement;
- third-party usage charges may be passed through separately where applicable; and
- failure to pay overdue amounts may result in suspension of Services.
WhatsApp, Meta, cloud infrastructure, messaging providers, or other third parties may change their charges independently of PrasarAI. Where third-party costs form part of your service, corresponding pricing may be adjusted to reflect those changes.
Cancellation and refunds. Setup, implementation and customization fees are non-refundable once the corresponding work has commenced. Subscription or licence fees already paid are generally non-refundable for the applicable billing period unless otherwise agreed in writing. Either party may choose not to renew the Services in accordance with the applicable commercial agreement.
11. Intellectual Property
PrasarAI and its licensors retain all rights, title and interest in the Services, including software, platform architecture, workflows, designs, interfaces, technology, documentation, trademarks and other intellectual property. These Terms do not transfer ownership of PrasarAI technology to you.
Subject to payment of applicable fees and compliance with these Terms, PrasarAI grants you a limited, non-exclusive, non-transferable right to use the Services during the applicable subscription or service period for your internal business purposes. Your Customer Data remains yours as described above.
12. Feedback
If you provide suggestions, ideas or feedback regarding the Services, PrasarAI may use that feedback to develop and improve its products and services without restriction or compensation, provided that doing so does not grant us ownership of your confidential information or Customer Data.
13. Confidentiality
Each party may receive non-public business, technical, commercial or operational information belonging to the other party. Each party agrees to use reasonable measures to protect such confidential information and to use it only for purposes related to the business relationship.
Confidentiality obligations do not apply to information that is publicly available through no breach of these Terms, independently developed without use of confidential information, lawfully obtained from another source, or required to be disclosed by law.
14. Data Protection and Security
PrasarAI uses reasonable technical and organizational measures intended to protect data processed through the Services. However, no internet-based service can guarantee absolute security.
You are responsible for maintaining appropriate security practices for your own systems, accounts, credentials, devices, integrations and users. Where required for a particular customer relationship, the parties may enter into additional data-processing or security terms.
15. Service Availability
We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation. Services may occasionally be unavailable because of maintenance, upgrades, infrastructure failures, third-party outages, API changes, security incidents or circumstances beyond our reasonable control.
We may modify, improve, replace or discontinue features as the platform evolves. Where a material change significantly affects a paid Service, we will make reasonable efforts to communicate it appropriately.
16. Suspension
PrasarAI may suspend access to some or all Services where reasonably necessary because of overdue payment, violation of these Terms, security risks, suspected fraudulent or unlawful activity, misuse of third-party platforms, requirements imposed by Meta, WhatsApp or another service provider, legal or regulatory requirements, or conduct that threatens the integrity of the Services.
Where reasonably possible, we will attempt to provide notice and an opportunity to resolve the issue.
17. Termination
Either party may terminate Services according to the termination provisions contained in the applicable subscription, proposal, order form or commercial agreement.
PrasarAI may terminate access where there is a material breach of these Terms that remains unresolved after reasonable notice, or immediately where continued access presents significant legal, security, fraud or platform-compliance risks.
Upon termination, your right to use the Services ends. Provisions that by their nature should survive termination, including payment obligations, intellectual property rights, confidentiality, limitations of liability and dispute provisions, will continue to apply.
18. Data Following Termination
Following termination or expiry, access to Customer Data through the platform may cease. Customers are responsible for exporting information they wish to retain before their account is closed.
PrasarAI may retain or delete Customer Data according to applicable law, contractual obligations, operational requirements and our data-retention practices.
19. Disclaimers
The Services are provided on an "as available" basis to the maximum extent permitted by applicable law.
PrasarAI does not guarantee that the Services will operate without interruption or errors; specific sales, conversion, revenue or business outcomes; continued availability of third-party platforms; acceptance or approval of WhatsApp templates, accounts or messaging activity by Meta; that AI-generated outputs will always be accurate; or that automation will eliminate the need for human judgment.
You remain responsible for business decisions made using information or automation provided through the Services.
20. Limitation of Liability
To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, revenue, goodwill or anticipated business opportunities arising from the Services.
To the maximum extent permitted by applicable law, PrasarAI's aggregate liability arising from or relating to the Services will not exceed twenty percent (20%), or one-fifth, of the applicable licence fee paid or payable by the customer for the relevant subscription term. For purposes of this liability cap, the licence fee expressly excludes one-time setup, onboarding, implementation, customization and similar one-time fees, as well as taxes and third-party usage or pass-through charges.
21. Indemnification
You agree to indemnify and hold PrasarAI harmless from third-party claims, losses, liabilities or reasonable costs arising from your unlawful use of the Services; Customer Data or content supplied by you; communications sent without legally required consent; your violation of applicable messaging or platform policies; your infringement of third-party rights; or your material breach of these Terms.
PrasarAI will remain responsible for its own obligations under applicable law.
22. Force Majeure
Neither party will be liable for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, internet or telecommunications failures, governmental action, war, civil unrest, widespread infrastructure outages, or failures of third-party platforms essential to the Services.
23. Changes to These Terms
We may update these Terms periodically to reflect changes to the Services, business practices, laws or regulatory requirements. The latest version will be published on our website with an updated effective date. Where changes materially affect existing customers, we will take reasonable steps to provide appropriate notice.
24. Governing Law and Disputes
These Terms are governed by the laws of India. The courts located in Visakhapatnam, Andhra Pradesh, India will have exclusive jurisdiction over disputes arising from or relating to these Terms.
25. Contact Us
Questions regarding these Terms may be sent to:
PrasarAI Inc
Email: hello@prasar.ai
Website: prasar.ai