Terms of Service

1 Introduction & Agreement to Terms

Welcome to SalesWave, an AI-powered Customer Relationship Management (CRM), bulk email automation, WhatsApp marketing, and sales pipeline platform developed and operated by DataQuells ("Company," "we," "us," or "our").

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and DataQuells governing your access to and use of the SalesWave platform available at dataquells.com and any related mobile applications, APIs, or sub-domains (collectively, "Services").

If you are accessing or using the Services on behalf of a company, organisation, or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such a case, "you" refers to that entity.

These Terms apply to all users of the Services, including but not limited to users who are administrators, managers, sales agents, and free trial participants.

2 Definitions

For the purposes of these Terms, the following definitions apply:

• "Platform" / "Services" — The SalesWave application, including all CRM, email marketing, WhatsApp automation, lead management, analytics, and AI features made available by DataQuells.
• "Account" — The unique account created by you to access and use the Services.
• "User Data" — All data, content, and information you upload, submit, or generate through the Services, including contact lists, campaign content, and pipeline records.
• "Subscription Plan" — The paid or free tier of access to the Services selected by you, as described on our pricing page.
• "Administrator" — A user who manages team members, permissions, and configurations within an organisational account.
• "Content" — Any text, images, videos, links, or other material you submit through the Services.
• "Third-Party Services" — External services, APIs, or platforms integrated with SalesWave, such as email delivery providers or WhatsApp Business API.
• "Confidential Information" — Non-public information disclosed by either party that is designated as confidential or reasonably should be understood to be confidential.
• "Force Majeure" — Events beyond our reasonable control, including natural disasters, government actions, pandemics, or internet infrastructure failures.

3 Use of Services

Subject to your compliance with these Terms and timely payment of applicable fees, DataQuells grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for your internal business purposes during the term of your Subscription Plan.

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement. The Services are intended for business use and are not designed for individuals acting in a purely personal or consumer capacity.

3.2 Permitted Use

You may use the Services to:

• Manage sales leads and customer relationships through our AI CRM tools.
• Create and send bulk email campaigns using our email automation features.
• Run WhatsApp marketing campaigns through authorised channels.
• Generate and qualify leads using our lead generation tools.
• Manage team hierarchy, roles, and sales pipelines.
• Access analytics, reports, and AI-driven insights to improve your sales performance.

3.3 Restrictions

You may not sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Services or your access to them. Any use of the Services not expressly permitted herein requires prior written consent from DataQuells.

4 User Responsibilities

As a User, you are solely responsible for:

• Ensuring that all data you upload to the Platform — including contact information, email lists, and campaign content — is lawfully obtained and complies with applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (India).
• Obtaining all necessary consents from your contacts before sending marketing communications via email or WhatsApp.
• Maintaining the accuracy, quality, and legality of your User Data at all times.
• Ensuring that your use of the Services does not violate any applicable law, regulation, or third-party rights.
• Promptly notifying DataQuells of any unauthorised access to or use of your Account.
• Complying with the WhatsApp Business Policy and applicable telecom regulations when using WhatsApp automation features.
• Ensuring that your team members who use the Services under your account also comply with these Terms.

5 Account Registration & Security

5.1 Registration

To access the Services, you must create an account by providing accurate, current, and complete information. You agree to update this information promptly if it changes. Providing false, misleading, or incomplete information is a violation of these Terms and may result in immediate account suspension.

5.2 Account Credentials

You are solely responsible for maintaining the confidentiality of your login credentials. You agree not to share your password with any third party. You are responsible for all activities that occur under your account, whether or not authorised by you.

5.3 Security Obligations

• Use a strong, unique password for your account.
• Enable two-factor authentication (2FA) where available.
• Log out of your account at the end of each session.
• Notify us immediately at security@dataquells.com if you suspect unauthorised access.

5.4 One Account per Entity

Each subscription is intended for use by a single legal entity or individual. You may not create multiple accounts to circumvent usage limits or pricing. Sub-users must be added through the team management features provided in the platform.

You may log in to your account here to manage your settings, team, and subscription at any time.

6 Acceptable Use Policy

You agree that you will NOT use the Services to:

• Send spam, unsolicited commercial messages, or emails to individuals who have not consented to receive them.
• Transmit, distribute, or store material that infringes any copyright, trademark, patent, trade secret, or other intellectual property rights.
• Conduct phishing, spoofing, or any other deceptive practice.
• Upload or distribute malware, viruses, ransomware, or any other malicious code.
• Violate any applicable law or regulation, including anti-spam laws (e.g., India's Information Technology Act, 2000) and consumer protection regulations.
• Harass, threaten, defame, or harm any individual or group.
• Engage in any activity that interferes with or disrupts the Services or servers and networks connected to the Services.
• Attempt to gain unauthorised access to any portion of the Services or any other accounts, systems, or networks.
• Use automated scripts, bots, or scrapers to access the Services in a manner that could degrade performance.
• Engage in any activity that could create disproportionate load on the Services infrastructure.
• Promote, enable, or facilitate illegal activities of any kind.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund, and may be reported to relevant authorities.

7 Subscription, Pricing & Payments

7.1 Subscription Plans

SalesWave is offered on a subscription basis. You may select a plan that suits your needs. Current pricing is displayed on our website and is subject to change with prior notice. Free trial periods, where offered, are limited to one per entity.

7.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected. All amounts are in Indian Rupees (INR) unless otherwise stated. By providing payment information, you authorise DataQuells to charge the applicable fees to your payment method.

7.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will receive a reminder email before renewal. Cancellation takes effect at the end of the current billing period; you will not be charged for the next cycle.

7.4 Taxes

All fees are exclusive of applicable taxes, including Goods and Services Tax (GST) as levied in India. You are responsible for paying all applicable taxes associated with your subscription.

7.5 Price Changes

DataQuells reserves the right to modify pricing with at least 30 days' prior written notice. Continued use of the Services after a price change constitutes your acceptance of the new pricing.

7.6 Non-Payment

If payment is not received by the due date, DataQuells reserves the right to downgrade, suspend, or terminate your account. Reactivation may require settlement of outstanding dues plus applicable reactivation fees.

8 Refund Policy

DataQuells operates a no-refund policy for subscription fees, except as expressly stated below or as required by applicable law.

8.1 Eligibility for Refund

• Technical Failure: If SalesWave experiences a verified platform outage or critical failure attributable solely to DataQuells that renders the Services completely unusable for more than 72 consecutive hours, you may be eligible for a pro-rated service credit for the affected period.
• Duplicate Charges: If you are charged more than once for the same billing period due to a payment processing error, DataQuells will refund the duplicate amount.
• Statutory Rights: Nothing in this policy limits your rights under applicable consumer protection law in India.

8.2 Cancellation

Cancelling your subscription stops future billing. No partial refunds are issued for unused days within a billing cycle. To cancel, go to your account settings or contact support@dataquells.com.

9 Data Usage & Privacy Reference

Your privacy is important to us. Our Privacy Policy, incorporated herein by reference, explains in detail how we collect, process, store, and protect your personal data and your contacts' data in connection with the Services.

9.1 Your Data Ownership

You retain all ownership rights to your User Data. DataQuells does not claim any ownership over the data you upload to the Platform. By using the Services, you grant DataQuells a limited, non-exclusive licence to process your User Data solely to provide and improve the Services.

9.2 Data Processing

DataQuells acts as a data processor for the contact data you upload, and you act as the data controller. You warrant that you have a lawful basis under applicable data protection law to process the personal data of your contacts using our platform.

9.3 Data Security

We implement industry-standard technical and organisational measures to protect your data against unauthorised access, loss, or destruction. However, no method of data transmission or storage is completely secure, and we cannot guarantee absolute security.

9.4 Data Retention

We retain your User Data for as long as your account remains active or as necessary to provide the Services. Upon termination, your data may be retained for up to 90 days before being permanently deleted, unless a longer retention period is required by law.

9.5 AI Feature Data

Our AI-powered features (lead scoring, email personalisation, campaign suggestions) process your data to generate insights and recommendations. This processing is governed by our Privacy Policy and does not involve sharing your data with third-party AI model providers in identifiable form.

10 Intellectual Property Rights

10.1 DataQuells IP

The Services, including all software, algorithms, AI models, interfaces, databases, templates, documentation, trademarks, and branding, are the exclusive intellectual property of DataQuells and its licensors. These are protected under Indian and international intellectual property laws. You acquire no ownership or licence rights in the Services other than the limited use rights expressly granted in these Terms.

10.2 Feedback

If you submit suggestions, ideas, feature requests, or other feedback about the Services, you grant DataQuells a perpetual, irrevocable, royalty-free, worldwide licence to use, modify, and incorporate that feedback into the Services without any obligation or compensation to you.

10.3 Your Content

You retain all intellectual property rights in the Content you create and publish through the Services. By uploading Content, you grant DataQuells a limited licence to display, transmit, and store that Content solely for the purpose of delivering the Services to you.

10.4 Restrictions

You may not reverse engineer, decompile, disassemble, copy, reproduce, republish, or create derivative works from any part of the Services without express written permission from DataQuells.

11 Service Availability & Modifications

11.1 Uptime

DataQuells endeavours to maintain a high level of service availability. We target 99.5% monthly uptime for paid plans, excluding scheduled maintenance windows and Force Majeure events. Uptime statistics are available to subscribers upon request.

11.2 Scheduled Maintenance

We may periodically perform scheduled maintenance that results in temporary service interruptions. We will provide advance notice of planned maintenance wherever reasonably practicable.

11.3 Modifications to Services

DataQuells reserves the right to modify, update, enhance, or discontinue any feature or component of the Services at any time. Material changes that significantly reduce core functionality will be communicated to active subscribers with reasonable notice.

11.4 Third-Party Integrations

The Services may integrate with third-party platforms (e.g., WhatsApp Business API, email delivery services). DataQuells is not responsible for the availability, accuracy, or policies of such third-party services, and their use is subject to their own terms.

12 Termination & Suspension

12.1 Termination by You

You may terminate your account at any time by cancelling your subscription through account settings or by contacting our support team. Termination takes effect at the end of your current billing period. No refund is issued for the remaining portion of a paid period.

12.2 Termination or Suspension by DataQuells

DataQuells reserves the right to suspend or terminate your account, with or without notice, if:

• You violate any provision of these Terms or our Acceptable Use Policy.
• We are required to do so by law, court order, or regulatory authority.
• Your account is associated with fraudulent, abusive, or malicious activity.
• Fees remain unpaid beyond the applicable grace period.
• Continued provision of Services poses a legal or reputational risk to DataQuells.

12.3 Effect of Termination

Upon termination, your right to access and use the Services immediately ceases. You should export your data prior to termination. DataQuells will retain your data for up to 90 days after termination, after which it may be permanently deleted. Sections that by their nature should survive termination (including Sections 10, 13, 14, 15, 16, and 17) shall continue to apply.

13 Limitation of Liability

To the fullest extent permitted by applicable law, DataQuells and its directors, employees, partners, suppliers, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the Services.
• Any damages arising from unauthorised access to or alteration of your transmissions or data.
• Any conduct or content of third parties on or through the Services.
• Any errors, inaccuracies, or omissions in the Services or any AI-generated content.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, DataQuells's liability shall be limited to the greatest extent permitted by applicable law.

14 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING.

DataQuells does not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free.
• Any results obtained from using the Services (including AI lead scoring or email deliverability predictions) will be accurate or reliable.
• The quality of any content, data, or information obtained through the Services will meet your expectations.
• Any errors in the Services will be corrected.

Any reliance on materials or information obtained through the Services is at your own risk. DataQuells is not responsible for the performance of third-party integrations, email deliverability rates, or WhatsApp message delivery rates, as these depend on external platforms and providers.

15 Indemnification

You agree to defend, indemnify, and hold harmless DataQuells, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms.
• Your User Data or Content, including any claim that your User Data infringes the rights of a third party.
• Your violation of any applicable law, including data protection and anti-spam regulations.
• Your use or misuse of the Services.
• Any claim by your end-users or contacts arising from communications you sent using the Services.

DataQuells reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with DataQuells in asserting any available defences.

16 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. In particular, the following legislation applies where relevant:

• Information Technology Act, 2000 and associated rules and amendments.
• Digital Personal Data Protection Act, 2023 (DPDPA).
• Indian Contract Act, 1872.
• Consumer Protection Act, 2019 (where applicable).

Subject to the Dispute Resolution clause below, you consent to the exclusive jurisdiction of the courts located in Indore, Madhya Pradesh, India for the resolution of any disputes arising from these Terms or the Services.

17 Dispute Resolution

17.1 Informal Resolution

We encourage you to first contact us at legal@dataquells.com to seek an informal resolution of any dispute. We will make a genuine effort to resolve your concern within 30 days.

17.2 Arbitration

If an informal resolution cannot be reached, disputes arising from or relating to these Terms or the Services shall be resolved by binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties. The place of arbitration shall be Indore, Madhya Pradesh, India, and the language shall be English.

17.3 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a competent court to prevent irreparable harm, including in relation to intellectual property infringement or unauthorised data access.

17.4 No Class Actions

All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

18 Changes to These Terms

DataQuells reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page.
• Send an email notification to your registered email address with a summary of the changes.
• Display a prominent notice within the platform dashboard.

Changes will become effective 14 days after notification for material changes, or immediately for minor clarifications, corrections, and legal compliance updates. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services and cancel your subscription.

We recommend bookmarking this page and reviewing it periodically to stay informed of any updates.

19 Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please reach out to us:

• Company: DataQuells
• Product: SalesWave
• Website: https://dataquells.com
• Legal Enquiries: legal@dataquells.com
• Support: support@dataquells.com
• Grievance Officer: As required under Indian law, our Grievance Officer can be reached at grievance@dataquells.com

We aim to respond to all legal and compliance-related enquiries within 5 business days.