Terms of Service

1.0 These Terms#

1.1 These Terms of Service ("Terms") govern your use of the BrookBytes platform and website ("Services").

1.2 The Services are provided by Brook Bytes Technologies, trading as BrookBytes, a sole proprietorship carried on by Karthik Govindan, of Chennai, Tamil Nadu, India. GSTIN 33DPVPG8294F1ZB.

1.3 By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1.4 If you have signed a Master Service Agreement with us, that agreement governs and these Terms do not apply to you. These Terms are for customers who sign up online without a negotiated contract.

1.5 The following are incorporated into these Terms: the Privacy Policy, the Acceptable Use Policy, the Refund and Cancellation Policy, and, for paid plans, the Service Level Agreement and the Data Processing Agreement.

2.0 Who may use the Services#

2.1 The Services are for business use. They are not intended for personal or household use.

2.2 You must be at least 18 years old and able to enter into a binding contract.

2.3 If you accept these Terms on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation.

3.0 Your account#

3.1 You must provide accurate information when creating an account and keep it up to date.

3.2 You are responsible for everything that happens under your account, including the acts of every user you invite.

3.3 Keep your password confidential. Enable multi-factor authentication where offered. Tell us without delay if you suspect unauthorised access.

3.4 You may invite users up to the limit of your plan. You remain responsible for them.

4.0 Plans, fees and taxes#

4.1 We offer a free tier and paid plans. The features and limits of each are as published on our website.

4.2 All prices are exclusive of GST, which is added at the prevailing rate and shown separately on your tax invoice.

4.3 Paid plans are billed in advance and renew automatically until cancelled.

4.4 To claim input tax credit you must give us a correct GSTIN before we invoice. We cannot correct an invoice for a GSTIN supplied late.

4.5 If a payment fails we may retry it and will notify you. If it remains unpaid seven (7) days after the due date we may suspend your access.

4.6 We may change published prices on thirty (30) days' notice. A change takes effect at your next renewal, never during a period you have paid for.

4.7 Cancellation and refunds are governed by the Refund and Cancellation Policy.

5.0 The free tier#

5.1 The free tier is provided as is, without any service level commitment.

5.2 We may change, limit or withdraw the free tier at any time on thirty (30) days' notice.

5.3 We may suspend or delete a free account that has been inactive for more than twelve (12) months, after giving you notice and an opportunity to export your data.

6.0 Acceptable use#

6.1 Your use of the Services must comply with the Acceptable Use Policy.

6.2 Section 5 of that policy — messaging conduct — matters most. Sending unsolicited messages can affect the Services for every customer, and we may suspend you immediately to contain it.

7.0 Your data#

7.1 You own your data. We claim no ownership of the content you put into the Services.

7.2 You grant us a limited licence to host, process, transmit and display your data only so far as is necessary to provide the Services and to comply with law.

7.3 We process personal data in accordance with the Privacy Policy and, for paid plans, the Data Processing Agreement.

7.4 We do not use your data, or your end-customers' data, to train any AI model made available to anyone else.

7.5 We may use aggregated, anonymised statistics to operate and improve the Services. Such statistics never identify you or any individual.

8.0 Our intellectual property#

8.1 We own the Services and everything in them, including software, designs and documentation. These Terms grant you a right to use the Services, and nothing more.

8.2 You may not copy, modify, reverse engineer or create derivative works from the Services.

8.3 If you send us feedback or suggestions, we may use them freely and without obligation to you.

9.0 Third-party services#

9.1 The Services connect to third-party platforms, including messaging providers and payment processors.

9.2 Your use of those platforms is governed by their terms, not ours.

9.3 We are not responsible if a third-party platform suspends your account, changes its rules, or becomes unavailable. Where that happens we will keep you informed, but we cannot restore what we do not operate.

10.0 Availability and support#

10.1 Paid plans are covered by the Service Level Agreement, including its availability commitment, support priorities and service credits.

10.2 The free tier carries no availability commitment.

10.3 We may perform maintenance as described in the Service Level Agreement.

11.0 Suspension and termination#

11.1 You may stop using the Services and cancel at any time under the Refund and Cancellation Policy.

11.2 We may suspend or terminate your access where you materially breach these Terms, where non-payment continues past clause 4.5, or where continued use presents a security or legal risk.

11.3 We will tell you why, and where the breach is capable of remedy we will give you a reasonable opportunity to remedy it first — except where the harm is immediate.

11.4 On termination you have thirty (30) days to export your data. After that it is deleted in accordance with the Privacy Policy.

12.0 Warranties and liability#

12.1 We provide the Services with reasonable skill and care. Beyond that, and to the extent permitted by law, the Services are provided "as is". We do not warrant that they will be uninterrupted or error-free.

12.2 Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything that cannot lawfully be excluded.

12.3 Subject to clause 12.2, our total aggregate liability to you is limited to the greater of: (a) the fees you paid us in the twelve (12) months before the event giving rise to the claim; or (b) ₹10,000.

12.4 Subject to clause 12.2, we are not liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss.

12.5 Keep your own copy of business-critical data. Our backup obligations are those in the Service Level Agreement and no greater.

13.0 Indemnity#

13.1 You will indemnify us against claims, losses and costs arising from your data, your breach of these Terms or the Acceptable Use Policy, or your breach of a third-party platform's terms.

14.0 Changes to these Terms#

14.1 We may update these Terms. The version number and effective date at the top always show the current version.

14.2 Where a change materially affects your rights or obligations, we will give you at least thirty (30) days' notice by email or in the product. If you do not accept the change you may cancel before it takes effect.

14.3 We will not rely on a silent update to a web page to change a material term.

15.0 General#

15.1 Governing law. These Terms are governed by the laws of India.

15.2 Disputes. We will try to resolve any dispute by discussion first. Failing that, disputes are referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at Chennai, Tamil Nadu, in English. Subject to that, the courts at Chennai have exclusive jurisdiction.

15.3 Assignment. You may not assign these Terms without our consent. We may assign to a successor of our business, including on conversion of the proprietorship into a company, on notice to you.

15.4 Entire agreement. These Terms and the documents incorporated into them are the entire agreement between us about the Services.

15.5 Severability. If any provision is held invalid, the rest continues in force.

15.6 No waiver. If we do not enforce a right, we do not waive it.

15.7 Notices. We will contact you at the email address on your account. You may contact us at the address published on our website.

16.0 Contact#

Questions about these Terms may be sent to the contact address published at brookbytes.com.