These Terms of Service (the "Terms") are an agreement between you, or the organisation you represent (the "Customer", "you"), and Falak Enterprise, a GST-registered proprietorship based in Bhopal, Madhya Pradesh, India ("Falak Enterprise", "we", "us"). They cover your access to and use of Falak OS — our web-based operations software for solar EPC businesses, which includes a customer and project CRM, quotation and payment tools, an AMC module, and a WhatsApp messaging suite (together, the "Service").
By creating an account, starting a free trial, or using the Service, you agree to these Terms. If you are agreeing on behalf of a company, you confirm you have the authority to bind that company.
1. Eligibility and accounts
You must be at least 18 years old and able to enter into a contract under Indian law. You are responsible for the accuracy of the information you provide, for keeping your login credentials secure, and for all activity that happens under your account. Tell us promptly at falak.enterprise17@gmail.com if you suspect unauthorised use.
2. Free trial
New accounts include a 14-day free trial of the Service. During the trial you get access to the plan features described at sign-up. We may change or end trial availability at any time. If you do not subscribe to a paid plan by the end of the trial, your account may be suspended and, after the retention window in our Privacy Policy, your data may be deleted.
3. Subscriptions, fees and taxes
After the trial, continued use requires a paid subscription billed monthly or annually as shown on your chosen plan. Unless stated otherwise, fees are quoted in Indian Rupees (₹) and are exclusive of GST and other applicable taxes, which we add where required.
- Subscriptions renew automatically for the same period unless you cancel before the renewal date.
- You can cancel at any time; cancellation takes effect at the end of the current billing period. Fees already paid for the current period are non-refundable except where required by law.
- We may revise pricing with at least 30 days' notice before it applies to your next renewal.
- Fees charged by third parties — for example WhatsApp conversation charges levied by Meta — are separate from your subscription and are your responsibility.
4. Acceptable use
You agree to use the Service lawfully and, in particular, not to:
- send unsolicited, misleading, or unlawful messages, or use the WhatsApp suite in breach of the WhatsApp Business Messaging Policy or Meta's terms;
- upload contact data you do not have a lawful basis to process, or message people who have opted out;
- attempt to gain unauthorised access to the Service, other tenants' data, or our infrastructure;
- reverse-engineer, resell, or white-label the Service without our written permission;
- use the Service to store or transmit malicious code, or in a way that harms its performance for other customers.
You are responsible for obtaining any consents required from the individuals whose data you load into the Service and for complying with applicable law, including the Digital Personal Data Protection Act, 2023 (the "DPDP Act") and telecom and messaging regulations.
5. Your data and content
Data you and your team put into the Service — leads, customers, project records, quotations, messages, files, and similar ("Customer Data") — remains yours. You grant us a limited licence to host, process, and transmit Customer Data only as needed to provide, secure, and support the Service. For personal data within Customer Data, you act as the Data Fiduciary and we act as your Data Processor; our handling is described in the Privacy Policy, which forms part of these Terms.
6. Third-party services
The Service connects to third-party platforms that you choose to enable — most importantly the WhatsApp Cloud API operated by Meta, which carries messages you send and receive. Your use of those platforms is also governed by their own terms, and their availability and charges are outside our control. We are not responsible for third-party outages, policy changes, or account restrictions imposed by them.
7. Availability and support
We work to keep the Service available and take regular backups, but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, occasionally at short notice, and will try to schedule planned work to limit disruption. Support is provided over email and WhatsApp during Indian business hours. We do not currently offer a contractual uptime SLA; if we introduce one for a plan, its terms will be published with that plan.
8. Intellectual property
The Service, including its software, design, and documentation, is owned by Falak Enterprise and protected by law. These Terms grant you a non-exclusive, non-transferable right to use the Service during your subscription and nothing more. Feedback you send us may be used to improve the Service without obligation to you.
9. Confidentiality
Each party may receive non-public information from the other. Both parties agree to protect the other's confidential information and use it only to perform under these Terms, except where disclosure is required by law.
10. Disclaimers
To the extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose. Outputs such as calculations, quotations, and subsidy estimates are tools to assist you; you are responsible for reviewing them before relying on them for commercial or regulatory decisions.
11. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential losses, or for lost profits or data. Our total liability arising out of or relating to the Service in any 12-month period will not exceed the fees you paid us for the Service in that period. Nothing in these Terms limits liability that cannot be limited under applicable law.
12. Term, suspension and termination
These Terms apply while you use the Service. We may suspend or terminate access if you materially breach these Terms, fail to pay, or use the Service in a way that risks harm to others or to our infrastructure, giving notice and an opportunity to cure where reasonable. You may stop using the Service and close your account at any time. On termination you may, within 30 days, request an export of your Customer Data in a common format; after that we delete or anonymise it as described in the Privacy Policy, unless law requires us to keep it longer.
13. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will give reasonable notice by email or in the Service before it takes effect. Continuing to use the Service after a change means you accept the updated Terms.
14. Governing law and jurisdiction
These Terms are governed by the laws of India. The courts at Bhopal, Madhya Pradesh have exclusive jurisdiction over any dispute arising from them, subject to any right you have to approach the appropriate authority under the DPDP Act.
15. Contact
Falak Enterprise, Bhopal, Madhya Pradesh, India.
Email: falak.enterprise17@gmail.com · Phone: +91 89890 03670