Terms & Conditions

1. Agreement

By using the Clicarity platform or website, you agree to these Terms & Conditions. They form the agreement between you (the client) and Clicarity, Mumbai, India. If you accept them on behalf of a business, you confirm you are authorised to do so. If you do not agree, do not use the service.

If we have given you a signed proposal or order form, it takes precedence over these terms wherever the two differ.

2. The Service

Clicarity is a web-based platform that lets businesses track their work, orders, stages, quantities and team activity in real time. The service includes:

• Full setup and configuration by the Clicarity team
• Access to the platform for your team and the users you authorise, with no per-user fees
• Ongoing support via WhatsApp, email and remote sessions
• Software updates and improvements during your plan

Orders, Inventory, add-ons and other modules are provided where agreed with you in writing.

3. Plans, Fees and Payment

You can pay yearly or quarterly, at the prices shown on our pricing page or in your proposal.

• Yearly plan: billed in advance for twelve months. No setup fee.
• Quarterly plan: billed in advance for each quarter, with a one-time setup fee on the first invoice.
• Taxes: all prices exclude GST, which is charged at the applicable rate (currently 18%). Clients outside India are invoiced in US dollars; any taxes or bank charges in their country are theirs to bear.
• Add-ons: additional forms, additional workflows, WhatsApp API notifications and consulting are billed as listed or as agreed. WhatsApp message charges are passed on at the rates set by the messaging provider.
• Due date: invoices are payable within 7 days of issue, unless agreed otherwise in writing.
• Late payment: if an invoice remains unpaid, we may suspend access after giving you 15 days’ written notice. Your data is not deleted during a suspension.

4. Price Lock

The price of your plan stays the same for as long as you keep renewing without a break. If your plan lapses and you return later, the price current at that time applies. The price lock covers the plan you are on; new add-ons, modules or changes in scope are priced when you agree to them.

5. Renewal and Cancellation

• Plans renew automatically for the same period (a year or a quarter) unless either side gives written notice, by email, at least 15 days before the renewal date.
• You may move from a quarterly plan to a yearly plan at any renewal.
• Fees already paid, including the setup fee, are not refundable once your system has been set up and handed over to you.

6. AI Dashboards and Custom Code

• You may write or generate code for AI Dashboards, including with AI assistants, using our API documentation, and preview it inside Clicarity.
• Code goes live only after the Clicarity team has reviewed and activated it. We may decline, change or deactivate code that is insecure, affects the platform or other clients, or breaches these terms.
• You are responsible for the code and content you provide, and for checking that what it shows is correct. We are not responsible for errors caused by code you supply.
• Your code remains yours. You allow us to host and run it for as long as needed to provide the service.

7. Your Responsibilities

As a Clicarity client, you agree to:

• Use the platform only for lawful, legitimate business purposes
• Keep login credentials and API keys secure, and not share them with unauthorised people
• Make sure your team uses the platform in line with the guidance given during setup
• Provide accurate information during onboarding and setup
• Have the right to enter any personal data of your staff, customers or vendors into Clicarity, and give any notices the law requires
• Not attempt to reverse-engineer, copy, resell or redistribute any part of the platform

8. Your Data and Privacy

All data you enter into Clicarity, including records, production data, stage updates and quantities, belongs to you. Clicarity claims no ownership of your business data and does not sell it.

Under India’s Digital Personal Data Protection Act, 2023, for any personal data you enter, you are the Data Fiduciary and Clicarity processes it on your behalf as a Data Processor, only to provide the service. Our Privacy Policy explains how we handle data collected through our website.

• We follow reasonable security practices, including encryption in transit and at rest, and limit access to people who need it to support you.
• If we become aware of a breach affecting your data, we will tell you without undue delay.
• On closure or non-renewal, you may request a full export of your data within 30 days. After 90 days, your data is permanently deleted from our servers, except where the law requires us to keep it.

9. Confidentiality

Each side will keep the other’s non-public business information confidential and use it only for this agreement. This does not apply to information that is already public, or that the law requires to be disclosed.

10. Our Responsibilities

Clicarity commits to:

• Maintaining the platform with reasonable uptime (our target is 99%)
• Protecting your data with appropriate security measures
• Providing timely support for technical issues
• Giving notice of planned maintenance and significant changes
• Not selling, sharing or accessing your business data without your consent, except to provide support you have asked for

11. Third-Party Services

Some features rely on third-party services, such as cloud hosting and the WhatsApp Business platform. Their use is also subject to those providers’ terms, and we are not responsible for their outages or changes, though we will help you work around them.

12. Limitation of Liability

Clicarity is a tool for visibility. Business decisions made using it remain your responsibility. To the extent the law allows, neither side is liable for indirect or consequential losses, including lost profits, and Clicarity’s total liability is limited to the fees you paid in the twelve months before the claim.

13. Indemnity

You agree to compensate Clicarity for losses arising from misuse of the platform by your users, from code or content you supply, or from data you did not have the right to enter.

14. Intellectual Property

The Clicarity platform, its design, code and methodology belong to Clicarity. You receive a licence to use it, not ownership of it. Feedback and suggestions you share may be used to improve the product.

15. Termination

• By you: by not renewing, with notice as set out in section 5. No refund for the current period.
• By either side: if the other side materially breaches these terms and does not fix it within 15 days of written notice.
• By Clicarity: immediately in cases of serious misuse, such as attempts to break platform security.

After termination, access ends and the data export window in section 8 applies.

16. Changes to the Service

We may update the platform to improve it. We will not remove core features you rely on without reasonable notice. New features may be included at no extra cost or offered separately.

17. Events Beyond Control

Neither side is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, government action, or failures of internet or power infrastructure.

18. Governing Law and Disputes

These terms are governed by the laws of India. If a dispute arises, both sides will first try to resolve it in good faith within 30 days. If that fails, it will be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996, with the seat and venue in Mumbai, and proceedings in English. Subject to this, the courts in Mumbai, Maharashtra have exclusive jurisdiction.

19. Changes to These Terms

We may update these terms from time to time. Active clients will be told of material changes by email. Continued use after that notice means you accept the updated terms. Changes never alter the price of a period you have already paid for.

20. Contact

For questions about these terms, or any data protection request or complaint:

Clicarity
Mumbai, Maharashtra, India
Email: [email protected]