Terms of Service, Simahin Business

1. About these terms

These terms are an agreement between your business and Simahin Creative Ecosystem Private Limited ("Simahin", "we", "us"), Manik Mansion, Gopalpur, Asansol, West Bengal 713304, India. They cover the Simahin Business Android app, the Simahin Business website, and Simahin AI, together called "Simahin Business".

Who can sign up. Simahin Business is for businesses and organisations, not for personal use. You must be at least 18 and allowed to act for the business you sign up. When you accept these terms, the business is bound by them. "You" means that business and anyone who uses Simahin Business for it.

Accepting. You accept these terms when you create an account or use Simahin Business. If you do not agree, do not use it.

Other documents. Our Privacy Policy explains how we handle personal data and forms part of these terms. When you use WhatsApp through Simahin Business, Meta's terms also apply to you (section 5).

2. Your account and your team

• Accurate details. Give us true and current details about you and your business, and keep them up to date.
• Keep it secure. Keep your password private and tell us straight away if you think someone else has used your account.
• Your team. You can invite admins and staff and choose their roles. You are responsible for what your team does in Simahin Business, and for removing people who should no longer have access.
• More than one business. If you run several businesses, each one has its own setup, its own team and its own plan.

3. What Simahin Business does

Simahin Business helps small businesses run their day from their phone and answer customers on WhatsApp. Depending on your business type and plan, it includes a public page, WhatsApp chats answered by Simahin AI, bookings, orders, enquiries and quotes, payment requests, reminders and receipts, and tools for events, gigs, classes and schools.

Changes. We improve Simahin Business all the time. We may add, change or remove features. If we remove a feature you pay for, we will tell you at least 30 days before and, where it is fair, offer a pro-rata credit.

Availability. We aim to keep Simahin Business running at all times, but we do not promise it will never be slow, interrupted or down, for example during maintenance or when Meta, Google or another service we depend on has a problem.

Practice mode and sample data. New accounts include sample data and a practice mode so you can try things safely. Messages in practice mode are not sent to real customers.

4. Free trial, plans and payment

Free trial. Every new business gets 15 days free with all features. No card is needed. At the end of the trial you choose a plan to keep using Simahin Business.

Plans. Plans are monthly. Each includes a set of features and a monthly number of WhatsApp messages that Simahin sends for you.

Add-ons such as Tickets, Classes, Annual day, Exams and report cards, and School buses may cost extra. Current prices are always shown in the app before you pay.

Paying us. When paid plans start, you will pay through Google Play Billing, in Indian rupees, including GST. Plans renew every month until you cancel. You can cancel at any time in Google Play; your plan then runs to the end of the month you have paid for. Refunds follow Google Play's refund policies.

Price changes. We will tell you at least 30 days before a price rises. The new price applies from your next renewal after that.

Meta's charges are separate. Meta charges your business directly for WhatsApp messages sent from your own number (section 5). Those charges are not part of your Simahin plan.

Unpaid plans. If a payment fails, we may limit your account after 7 days until it is paid. Your data stays safe in the meantime.

5. WhatsApp and Meta

Simahin Business uses Meta's WhatsApp Business Platform. Simahin is a Meta Tech Provider.

Your number stays yours. When you connect your WhatsApp number, your WhatsApp Business Account belongs to your business, not to Simahin. You let us send and receive messages on it for you. You can disconnect it in the app at any time, or remove Simahin in Meta Business Settings.

Meta's rules apply to you. By connecting WhatsApp you agree to Meta's WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy and the Meta Commerce Policy. In particular you must:

• message only people who gave you their number and agreed to hear from you on WhatsApp;
• get a clear yes before sending offers, and stop when someone says STOP;
• sell only what WhatsApp allows;
• never pretend to be someone else.

You pay Meta directly. Meta charges your business for WhatsApp messages under its own pricing. You must add a payment card to your WhatsApp account in Meta's billing; without it, messages may not go out. These charges are between you and Meta.

Meta's decisions. Meta reviews message templates, rates the quality of your number, and can limit, restrict or ban numbers and accounts. We cannot overrule Meta, and we are not responsible for what Meta decides or for Meta's services being unavailable.

Simahin's own number. We send owner alerts from Simahin's own WhatsApp number (+91 90029 59333). Until you connect your own number, some customer messages may also go through Simahin's number.

6. Your customers' data

This section is our data processing agreement with you under India's Digital Personal Data Protection Act, 2023.

Who is responsible. For your customers, guests, clients, students and parents, your business is the Data Fiduciary: you decide what to collect and why. Simahin is your Data Processor: we handle that data only to run Simahin Business for you.

Your duties. You must:

1. have a lawful reason, and any consent the law requires, for the personal data you put into or collect through Simahin Business;
2. tell your customers that you use Simahin Business and point them to our Privacy Policy, for example on your public page or in your first message;
3. get a clear yes before sending offers, win-back messages or review requests, and respect STOP;
4. for children under 18, get the parent's or guardian's consent where the law requires it, and use children's data only for teaching, safety and well-being;
5. answer your customers' requests to see, correct or delete their data, with our help;
6. upload only what you need, and never sensitive documents you have no reason to keep.

Our duties. We will:

1. use your customers' data only on your instructions and to run Simahin Business, never for our own marketing or to sell;
2. keep it secure, as our Privacy Policy describes;
3. use only the service providers listed in our Privacy Policy, under contracts that protect the data, and tell you in the app before we add a new one that receives your customers' data;
4. tell you without delay if we learn of a personal data breach affecting your data, and help you meet your own duties;
5. help you answer your customers' requests;
6. keep your data for one year after you close your account and then delete it, unless the law requires us to keep it, or you ask us to delete it sooner.

7. Simahin AI

Simahin AI answers your customers on WhatsApp and helps you with drafts, using the information you give it: your menu, hours, prices, packages and rules.

• You stay responsible. Messages Simahin AI sends go out in your business's name. Keep your information in the app correct and up to date, because the assistant relies on it.
• It can make mistakes. AI can misunderstand a message or give a wrong answer. Check the chats regularly, and correct the assistant's information when you spot a mistake.
• It hands over to you. The assistant passes a chat to you when it can't help, when the customer asks for a person, or when a decision is needed, such as confirming a payment or a large order. You can reply in any chat yourself; the assistant then stays quiet there.
• It is honest about being automated. If a customer asks, Simahin AI says it is your business's automated assistant.
• Drafts need your approval where it matters. Report-card remarks and other drafts are suggestions. You decide what is sent.
• Not professional advice. Do not set up Simahin AI to give medical, legal or financial advice.

Some limits are built in, for example the assistant will not write or quote song lyrics.

8. Payments from your customers

Money your customers pay goes straight to your own UPI ID, bank account or Razorpay account. Simahin never receives, holds or moves that money, and is not a payment aggregator or payment gateway.

• UPI and bank details. Make sure the UPI ID and bank details you enter are yours and correct. We are not responsible for money paid to wrong details you entered.
• Checking payments. Simahin AI can read a payment screenshot or UTR to help you match a payment, but only you can confirm the money has arrived in your account. Always check your bank before you mark a payment received.
• Razorpay. If you connect Razorpay, your agreement with Razorpay covers those payments, fees, refunds and chargebacks.
• Disputes, refunds and tax. Refunds, disputes and tax on your sales are between you and your customer. You are responsible for your own invoices and GST.

9. Acceptable use

You must not use Simahin Business to:

• send spam, or message people who have not agreed to hear from you;
• break any law, including consumer, tax, data protection and advertising laws;
• sell anything illegal, or anything WhatsApp's policies do not allow;
• mislead customers about prices, offers or who you are;
• harass, threaten or discriminate against anyone;
• upload content you have no right to use, or anything abusive, obscene or harmful, especially anything involving children;
• collect more personal data than you need, or share customers' data outside Simahin Business without a lawful reason;
• copy, resell or reverse-engineer Simahin Business, get around its limits, or overload or attack it;
• give another person access to your account outside the team roles the app provides.

If you break these rules we may remove content, pause messaging, or suspend your account (section 11).

10. Your content and our intellectual property

Your content stays yours. Your business details, menus, photos, logos, chats, customer records and documents belong to you. You give us permission to store, copy, show and process them only as needed to run Simahin Business for you, including showing your public page to anyone who visits it. This permission ends when your data is deleted (section 11).

You have the rights. You confirm you are allowed to use everything you upload, such as photos, logos and song lists.

Our property. Simahin Business, its software, design, templates, the Simahin name and logo, and Simahin AI belong to Simahin or our licensors. You get a limited, non-exclusive, non-transferable right to use Simahin Business for your business while you have an account. Logos and designs that Simahin AI creates for your business are yours to use.

Ideas you send us. If you suggest an improvement, we may use it without paying you or owing you anything.

11. Suspension, closing your account, and your data

You can leave at any time. Cancel your plan in Google Play, and ask us on WhatsApp or by email to close your business account (section 16).

When we may suspend or close your account. We may pause messaging, limit features or suspend your account if:

• you break these terms, Meta's rules or the law;
• Meta restricts your WhatsApp number or account;
• your plan is unpaid (section 4);
• we need to, to protect your customers, other businesses or Simahin from harm.

Where we can, we will warn you first and give you a chance to fix the problem. In serious cases, such as fraud, abuse or a risk to children, we may act straight away.

What happens to your data. After your account closes, we keep your data for one year so you can come back, then delete it, unless the law requires us to keep some records longer. You can ask us to delete it sooner, or to send you a copy of your data before it is deleted. We disconnect your WhatsApp number and delete its access token when your account closes.

12. Disclaimers and limits on our liability

As it is. We provide Simahin Business with care, but "as is" and "as available". As far as the law allows, we do not promise that it will be error-free or always available, that every message will be delivered, or that Simahin AI's answers will always be right.

What we are not responsible for.

• decisions or outages of Meta, Google, Razorpay, our hosting providers or other services outside our control;
• payments between you and your customers;
• what you or your team send, or the information you give Simahin AI;
• loss of profit, revenue, business, goodwill or data, or any indirect loss.

Our total liability. If we are liable to you for anything connected with Simahin Business, our total liability is limited to the higher of the fees you paid us in the 12 months before the claim and ₹5,000.

What we don't limit. Nothing in these terms limits liability that the law does not allow us to limit, such as for fraud.

13. Indemnity

You will cover Simahin's reasonable losses and costs, including legal fees, from any claim by a third party (such as a customer, a parent, Meta or a government authority) that arises because:

• you or your team broke these terms, Meta's rules or the law;
• you collected or used your customers' personal data without a lawful reason or the consent the law requires;
• content you uploaded or sent through Simahin Business infringed someone's rights.

We will tell you promptly about such a claim and let you take part in handling it.

14. Changes to these terms

We may update these terms when Simahin Business or the law changes. For an important change, we will tell you in the app at least 15 days before it takes effect. If you keep using Simahin Business after that, the new terms apply. If you don't agree, you can cancel before the change takes effect.

15. Governing law and disputes

These terms are governed by the laws of India.

1. Talk to us first. If you have a problem, write to us (section 16). We will try to settle it within 30 days.
2. Arbitration. If we can't settle it, either side may refer the dispute to arbitration by a sole arbitrator appointed by both of us, under the Arbitration and Conciliation Act, 1996. The seat of arbitration is Kolkata, and it will be conducted in English.
3. Courts. Subject to arbitration, the courts at Kolkata, West Bengal have exclusive jurisdiction.

Other legal points. If a court finds part of these terms invalid, the rest still applies. If we don't enforce a right straight away, we can still enforce it later. You may not transfer your account or these terms without our written consent; we may transfer them to a company that takes over Simahin Business. These terms and the Privacy Policy are the whole agreement between us about Simahin Business.

16. Contact

Simahin Creative Ecosystem Private Limited

• Email: simahin.in@gmail.com
• WhatsApp: +91 90029 59333
• Post: Manik Mansion, Gopalpur, Asansol, West Bengal 713304
• Grievance Officer: Arka Bakshi, CEO

We acknowledge every message within 48 hours.