Terms & Conditions

Home / Terms & Conditions

Effective date: 10 May 2025

1.  Agreement & Acceptance

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU (“Customer,” “you”) AGREE TO THESE TERMS, OUR PRIVACY POLICY, AND ANY ORDER FORM (collectively, the “Agreement”). If you are acting on behalf of an organisation, you represent that you have authority to bind it. If you do not accept the Agreement, do not use LoomyLeads.

2.  Definitions

  • “Service” – the LoomyLeads SaaS platform, APIs, documentation, and support.
  • “Subscription” – the access plan (Core Automation Access, Custom Integration Suite, or Full‑Stack AI Solutions) chosen in an Order Form or online checkout.
  • “Customer Data” – data you upload or generate via the Service, including leads, CRM records, content, and configurations.
  • “Usage Data” – telemetry and analytics about how the Service is used, in aggregated or pseudonymised form.

3.  Eligibility & Account Security

  • You must be at least 18 years old.
  • Keep credentials confidential; you are responsible for all activity under your account. Notify [email protected] of unauthorised use.

4.  Licences & Intellectual Property

  • Licence to Customer: Telefent grants you a non‑exclusive, non‑transferable, revocable, limited licence to use the Service during your Subscription, solely for internal business purposes.
  • Licence to Telefent: You grant Telefent and its subprocessors a world‑wide licence to host, process, and analyse Customer Data only to provide and improve the Service.
  • All intellectual property in LoomyLeads (software, models, UI, trademarks) is owned by Telefent or its licensors. No rights are granted except those expressly set out.

5.  Acceptable Use

You shall not:

  1. Upload unlawful, infringing, or personal data of individuals without a lawful basis or consent.
  2. Reverse‑engineer, decompile, or attempt to extract source code or model weights.
  3. Use the Service to send spam or unlawful communications.
  4. Exceed rate limits or interfere with the Service’s integrity or performance.
  5. Resell, sublicense, or provide the Service to third parties without our written consent.

6.  Subscription Term, Fees & Payment

  • Term: Begins on the start date in the Order Form and continues for the initial term (monthly or annual). It renews automatically for successive equal terms unless either party gives 30 days’ notice before renewal.
  • Fees: Invoiced in INR (or another agreed currency) and payable within 15 days. Overdue amounts accrue interest at 1.5 % per month.
  • Upgrades/Downgrades: You may upgrade at any time; the prorated fee is charged immediately. Downgrades take effect at the next renewal.
  • Taxes: Fees are exclusive of GST and other taxes, which you must pay.

7.  Trials & Free Beta Features

Free trials or beta features are provided “AS IS” with no warranties and may be discontinued at any time.

8.  Confidentiality

Each party will protect the other’s non‑public business, technical, and financial information using the same degree of care it uses to protect its own (but no less than reasonable care) and will use it only to perform under this Agreement. This obligation survives 3 years after termination.

9.  Data Protection

Telefent will process personal data in accordance with the Privacy Policy and any signed Data Processing Addendum (DPA). Customer is the controller of Customer Data; Telefent is the processor.

10.  Service Levels & Support

  • Uptime: Telefent targets 99.5 % monthly availability (excluding scheduled maintenance and force majeure).
  • Support Hours: 09:00–18:00 IST, Monday–Friday. Enterprise plans receive a dedicated success manager and priority SLA.
  • Credits: If uptime falls below 99.5 %, your sole remedy is a service credit of 5 % of monthly fees.

11.  Warranties & Disclaimers

Telefent warrants that the Service will perform materially in accordance with documentation during the Subscription. EXCEPT AS EXPRESSLY STATED, THE SERVICE, CONTENT, AND ALL RELATED COMPONENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Telefent disclaims merchantability, fitness for a particular purpose, and non‑infringement.

12.  Indemnities

  • By Telefent: We will defend you against third‑party claims that the Service infringes a patent, copyright, or trademark, and pay resulting damages, provided you promptly notify us and allow control of defence.
  • By Customer: You will defend Telefent against claims arising from Customer Data or breach of Section 5 (Acceptable Use).

13.  Limitation of Liability

  • Indirect damages: Neither party is liable for lost profits, revenues, or consequential, special, or punitive damages.
  • Cap: Each party’s aggregate liability under the Agreement is limited to the fees paid by Customer in the 12 months preceding the claim.
  • These limits do not apply to payment obligations or liability that cannot be limited by law.

14.  Termination

Either party may terminate (a) for material breach if not cured within 30 days of written notice, or (b) upon insolvency. Upon termination:

  • Your licence ends immediately;
  • We will delete or return Customer Data within 90 days on written request;
  • Accrued rights and payment obligations survive.

15.  Governing Law & Dispute Resolution

This Agreement is governed by the laws of India, without regard to conflict‑of‑law principles. Courts of Delhi, India have exclusive jurisdiction. Before litigation, the parties will attempt good‑faith mediation for 30 days.

16.  Force Majeure

Neither party is liable for failure to perform caused by events beyond reasonable control (e.g., natural disasters, internet outages, governmental acts).

17.  Changes to these Terms

We may update Terms to reflect new features or legal requirements. We will give 30 days’ advance notice (email or in‑app). Continued use after the effective date constitutes acceptance.

18.  Miscellaneous

  • Entire Agreement: Supersedes all prior agreements on the Service’s subject matter.
  • Severability: If any provision is unenforceable, the remainder remains in effect.
  • Assignment: Neither party may assign this Agreement without the other’s consent, except to an affiliate or in a merger/acquisition.
  • Notices: Email to the address on record is acceptable. Legal notices to Telefent: [email protected] and the postal address above.
  • Independent Contractors: The parties are independent contractors; nothing creates an agency, partnership, or joint venture.

These documents are provided for informational purposes and do not constitute legal advice. Please consult qualified counsel to ensure they meet your specific regulatory and contractual obligations.