Terms of Service

1. About these terms

These Terms of Service ("Terms") form a legally binding agreement between you ("Customer", "you") and Bighelpers Software and Solutions Pvt Ltd, a company incorporated in India with registered office at HIG 2, MP Housing Board Colony, Near Madhav Nagar Gate, Katni, Madhya Pradesh 483504 ("Bighelpers", "we", "us"). By signing up for an account, clicking "I agree", or using any part of the Service, you accept these Terms.

If you accept on behalf of a company or other legal entity, you confirm that you have authority to bind that entity to these Terms.

2. Definitions

• Service means BusinessSetu Pro and any other software-as-a-service products operated by us at bighelpers.in or any sub-path or sub-domain.
• Tenant means a Customer account within the Service that holds its own data, users, and configuration.
• End Customer means an individual or business with whom you transact and whose data you process through the Service.
• Subscription means the plan you select with its associated fees, included quotas, and term.
• Content means any data, files, messages, templates, invoices, customer records or other material you upload, generate, or transmit through the Service.

3. Account and eligibility

• You must be at least 18 years of age and capable of entering into a binding contract under Indian law.
• You must provide accurate registration details and keep them current.
• You are responsible for all activity that occurs under your account credentials.
• You must notify us at admin@bighelpers.in immediately on any suspected unauthorised access.

4. Licence to use the platform

Subject to your compliance with these Terms and timely payment of fees, we grant you a non-exclusive, non-transferable, revocable licence during the Subscription term to access and use the Service for your internal business purposes.

You may not sub-licence, resell, or expose the Service as a service to third parties without a separate written reseller agreement signed by us.

5. Acceptable use

You agree not to use the Service to:

• Send unsolicited commercial messages or spam through any channel
• Distribute malware, phishing material, or any unlawful content
• Infringe any third party's intellectual property, privacy, or other rights
• Reverse-engineer, decompile, or attempt to derive source code from the Service
• Probe, scan, or test the vulnerability of the Service without prior written permission
• Interfere with other tenants' use of the Service or the underlying infrastructure
• Process special-category personal data (financial account numbers, biometric data, health records) unless your plan explicitly permits it

6. Your responsibilities as a tenant

BusinessSetu Pro is a multi-tenant SaaS. Each tenant operates its own slice of the platform and is responsible for:

• Lawful collection of personal data from its End Customers, including opt-in consent for WhatsApp and SMS communications
• Accuracy of invoices, GST identification numbers, HSN codes, and tax computations created through the Service
• Compliance with the Shops and Establishments Act, GST Act, Income-tax Act, and any other applicable Indian law
• Configuration of pickup addresses, courier preferences, payment instruments, and message templates
• Communicating accurate delivery, refund, and grievance information to End Customers

7. WhatsApp Business obligations

When you use the WhatsApp module:

• You agree to the WhatsApp Business Messaging Policy and WhatsApp Commerce Policy as published by Meta.
• You collect verifiable opt-in consent from each recipient before sending any non-transactional message and retain proof of that consent for at least 24 months.
• You do not use the WhatsApp module for cold marketing, political messaging, or any category prohibited by Meta.
• You honour stop, unsubscribe, and block requests within 24 hours.
• You bear all per-message conversation charges levied by Meta, which we pass through to you at cost or a stated platform margin.

Repeated policy violation by your tenant may result in suspension by Meta, by us, or both. Meta's decisions on quality rating, throughput tier, and account status are binding on us and we cannot override them.

8. Payments, taxes, refunds

• Subscription fees are billed in advance for each term (monthly, quarterly, or annual) as shown in your plan.
• Usage-based fees (WhatsApp conversations, SMS, courier surcharges, payment gateway commission) are billed in arrears each calendar month.
• All fees are exclusive of GST. We issue a tax invoice for each charge.
• Late payment attracts interest at 1.5 per cent per month or the maximum rate permitted by law, whichever is lower.
• Subscription fees, once charged, are non-refundable except where required by law or stated in your plan. Pro-rated refunds may be issued at our sole discretion for unused months of an annual plan terminated for our material breach.
• Payments are processed by Razorpay Software Private Limited under Razorpay's own terms.

9. Intellectual property

The Service, its source code, design, brand, and all related intellectual property remain the sole property of Bighelpers. Nothing in these Terms transfers ownership to you.

You retain all rights in your Content. By uploading Content you grant us a worldwide, royalty-free, non-exclusive licence to host, copy, transmit, and display that Content solely for the purpose of providing the Service to you.

10. Data ownership and processing

Your Content is yours. We process it strictly as described in our Privacy Policy. Where you process personal data of End Customers through the Service, you are the Data Fiduciary and we are the Data Processor under the Digital Personal Data Protection Act, 2023. A separate Data Processing Addendum is available on request at admin@bighelpers.in.

11. Service availability

We target a monthly uptime of 99.5 per cent for the Service, excluding scheduled maintenance announced at least 48 hours in advance and excluding events beyond our reasonable control. Service credits, if any, are described in the plan you select. Where no service credit is stated, this clause is a target and not a contractual guarantee.

12. Suspension and termination

12.1 By you

You may cancel your Subscription at any time from your account settings. Cancellation takes effect at the end of the then-current billing term.

12.2 By us

We may suspend or terminate your access immediately on notice if:

• Payment is overdue by more than 15 days
• You breach Section 5 (Acceptable use), Section 7 (WhatsApp obligations), or any other material provision
• We receive a lawful order from a court, regulator, or Meta
• Your activity threatens the security or integrity of the Service or other tenants

12.3 Data on termination

For 30 days after termination we make a one-time export of your Content available on request. After that period your Content is permanently deleted, subject to statutory retention obligations described in the Privacy Policy.

13. Warranties

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or that any defect will be corrected within a specific time.

14. Limitation of liability

To the maximum extent permitted by applicable law:

• Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profit, revenue, business, data, or goodwill, even if advised of the possibility.
• Our total aggregate liability for any claim arising under or in connection with these Terms is capped at the fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
• Nothing in this section limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be limited under Indian law.

15. Indemnity

You agree to defend, indemnify, and hold harmless Bighelpers, its directors, employees, and agents from any third-party claim, damage, loss, or expense (including reasonable legal fees) arising out of:

• Your Content or your use of the Service in violation of these Terms
• Your violation of any applicable law, including DPDP Act, GST Act, TRAI regulations, or Meta's policies
• Disputes between you and your End Customers regarding goods, services, payments, or deliveries

16. Confidentiality

Each party will treat the other's non-public business information as confidential and will not disclose it to any third party except as required by law or to advisors bound by similar duties.

17. Force majeure

Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including acts of God, natural disaster, war, terrorism, civil disturbance, internet or telecom outage, action of a government authority, or pandemic.

18. Governing law and disputes

These Terms are governed by the laws of India. The courts at Katni, Madhya Pradesh have exclusive jurisdiction over any dispute, subject to a prior good-faith negotiation period of 30 days.

19. General provisions

• Entire agreement. These Terms together with the Privacy Policy, Data Processing Addendum (if signed), and your plan constitute the entire agreement.
• Amendments. We may revise these Terms from time to time. Material changes are notified at least 15 days in advance by email and notice in the dashboard.
• Assignment. You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a corporate reorganisation.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. Failure to enforce any right is not a waiver of that right.
• Notices. Notices to us must be sent to admin@bighelpers.in. Notices to you may be sent to the email associated with your account.