Terms of Service

These Terms of Service ("Terms") govern your use of AInamika's analytics platform, websites, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

1. Definitions

2. Account Registration and Responsibilities

2.1 Account Creation

To use our Service, you must:

• Be at least 18 years old or have legal capacity to enter into contracts
• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

2.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

3. Acceptable Use Policy

3.1 Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to:

• Comply with all applicable laws and regulations
• Use the Service only for legitimate business analytics purposes
• Respect the privacy and rights of End Users
• Obtain necessary consents for data collection

3.2 Prohibited Uses

You agree NOT to use the Service to:

• Violate any laws or regulations
• Collect or store sensitive personal information without proper consent
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity
• Use the Service to compete with us or build a similar service
• Reverse engineer, decompile, or disassemble any part of the Service
• Exceed rate limits or use the Service in a manner that degrades performance
• Collect data about children under 16 without parental consent

4. Subscription Plans and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and limits:

4.2 Payment Terms

• All paid plans are billed monthly in advance
• Payments are non-refundable except as required by law
• Overage charges are billed weekly every Monday
• You authorize us to charge your payment method automatically
• Prices are subject to change with 30 days notice

4.3 Failed Payments

If payment fails, we may suspend your account after a grace period. Suspended accounts may lose access to historical data if payment is not resolved.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service, including all software, text, displays, images, and design, is owned by AInamika and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works
• Reverse engineer or attempt to extract source code
• Remove any proprietary notices or labels
• Use our trademarks without written permission

5.2 Your Content

You retain ownership of all Content you upload to the Service. By using our Service, you grant us a limited license to use, store, and process your Content solely to provide the Service to you.

5.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

6. Privacy and Data Protection

6.1 Data Processing

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to such collection and use.

6.2 Customer Responsibilities

As a Customer collecting End User data, you represent and warrant that you will:

• Comply with all applicable privacy laws and regulations
• Obtain all necessary consents from End Users
• Provide appropriate privacy notices to End Users
• Honor End User privacy rights and requests
• Only collect data for legitimate purposes
• Implement appropriate security measures

6.3 Data Security

While we implement industry-standard security measures, no method of transmission over the Internet is 100% secure. You acknowledge and accept this inherent risk.

7. Service Level Agreement

7.1 Uptime Commitment

We strive to maintain 99.9% uptime for paid plans. This excludes scheduled maintenance, force majeure events, and issues beyond our reasonable control.

7.2 Support

• Starter (Free): Community support only
• Pro/Growth: Email support with 48-hour response time
• Enterprise: Priority support with 24-hour response time

8. Limitation of Liability

Our total liability for any claims under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless AInamika and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content or data collection practices

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings. Termination does not entitle you to any refunds for unused portions of subscriptions.

10.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You fail to pay fees when due
• We are required to do so by law
• We discontinue the Service (with 30 days notice)

10.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your data after 30 days
• You remain liable for any outstanding fees
• Sections that should survive termination will remain in effect

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted or error-free
• Defects will be corrected in any specific timeframe
• The Service is free of viruses or harmful components
• Results from using the Service will meet your requirements

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the revised Terms on this page
• Updating the "Last updated" date
• Sending notice to your registered email
• Displaying a notice in the Service dashboard

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by the laws of India without regard to conflict of law principles. Any disputes shall be resolved in the courts of Bangalore, India.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and AInamika.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.4 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

13.5 Assignment

You may not assign or transfer these Terms. We may assign our rights to any successor in interest.

14. Enterprise and Self-Hosted Deployments

For enterprise customers using self-hosted deployments, additional terms may apply as specified in your Enterprise License Agreement. In case of conflict, the Enterprise License Agreement prevails.