These Terms govern each Organisation’s access to OnwardCRM. An Organisation accepts them when it signs an order form, creates an account or uses the Platform.
Definitions
- OrganisationThe business customer that buys or uses the Platform.
- UserA person whom an Organisation authorises to use its account.
- LeadA prospect, customer or other person whose data an Organisation processes through the Platform.
- PlatformOnwardCRM, including its real-estate CRM, AI voice calling, lead capture, pipelines, automation, inventory management, WhatsApp inbox, analytics, website and integrations.
- Customer DataData that an Organisation or its Users submit to the Platform, or that the Platform generates for that Organisation.
- Data ControllerThe Organisation that decides why and how Customer Data is processed.
- Data ProcessorQuinite Technologies Private Limited when it processes Customer Data for the Organisation.
Eligibility and accounts
The Platform is for lawful businesses and their authorised personnel. A person who accepts these Terms for an Organisation confirms that they have authority to bind it.
Each User must provide correct account information and keep login credentials secure. The Organisation must remove access when a User is no longer authorised. The Organisation is responsible for its Users, role settings, activity under its account and the lawfulness of Customer Data.
Service and licence
The Organisation must pay all charges and follow these Terms. If it does so, we grant it a limited, non-exclusive, non-transferable and revocable right to use the Platform for its internal business during the subscription term.
The Platform includes lead capture, sales pipelines and automation, property and inventory management, AI voice calling, a WhatsApp inbox and analytics. We may change a feature to maintain security, comply with law, replace a provider or carry out maintenance. We will not materially reduce paid core functions during a current billing period unless one of those reasons requires it.
Subscription, usage and payment
- CRM access is charged for each active seat, each month, at the agreed price.
- AI calls are charged for each minute used. Platform and provider records measure the minutes.
- Other AI automations are charged for the tokens they use. A token is a unit of text processed by the AI service.
- Applicable taxes are added to the invoice. Platform usage records determine metered charges.
Razorpay processes payments. We receive the payment status, amount, billing details and GST details. We do not see or store payment-card data.
All payments are final and non-refundable, without exception. The Refund Policy forms part of these Terms and applies to every subscription and usage charge.
A failed or overdue payment may result in restricted, suspended or terminated access. Cancellation stops the next renewal. It does not reverse a charge already made or remove payment liability for usage already incurred.
Acceptable use
A User must not break the law or infringe another person’s rights through the Platform. A User must not send unlawful or unsolicited calls or messages, harass or mislead a Lead, or upload malware. A User must not evade usage limits, test security without written permission or reverse engineer protected parts of the Platform. A User must not disrupt the service, impersonate another person or resell access without our written approval.
We may investigate suspected misuse. We may restrict or suspend the affected account when this is necessary to protect a person, the Platform or a connected provider.
Customer obligations as Data Controller
The Organisation is the Data Controller for Lead data and is solely responsible for the lawfulness of its calling, recording and messaging activities. It warrants that it has given every required notice and has a lawful basis and valid end-user consent to capture, record, store, transcribe and analyse voice data.
The Organisation must:
- use lawful calling lists and comply with applicable TRAI commercial-communications and DLT sender-ID requirements, including NCPR/DND screening;
- identify the Organisation and the AI caller at the start of a call;
- obtain the Lead’s consent before recording or transcribing, and stop when consent is withdrawn;
- obtain a valid opt-in before sending a message;
- handle requests for access, correction, erasure, consent withdrawal and grievances; and
- not upload sensitive or regulated data unless the Platform supports it and a written agreement permits it.
WhatsApp messaging runs on Meta’s WhatsApp Business Platform and is subject to Meta’s WhatsApp Business terms.
Meta integration data and duties are further described in “Meta integrations (Lead Ads & WhatsApp)” in the Privacy Policy.
Data Processing Agreement
This section is the Data Processing Agreement between the Organisation as Data Controller and Quinite Technologies Private Limited as Data Processor. It applies to Customer Data processed through the Platform.
Instructions and purpose
We process Customer Data to provide the features selected by the Organisation. This includes storing CRM records, capturing Leads, operating pipelines and inventory, placing AI calls, delivering WhatsApp messages, producing analytics, providing support, securing the Platform and measuring charges. We may also process data where law requires it. The Organisation confirms that its instructions and Customer Data are lawful.
Confidentiality and security
Personnel who can access Customer Data must keep it confidential. We use the security measures stated in the Privacy Policy. These include authentication, permissions based on each User’s role, database rules that restrict record access, encryption and audit logs.
Sub-processors
We engage service providers to operate the Platform — covering hosting, telephony, AI processing, messaging, payments, and analytics. They process personal data only on our documented instructions and under written contracts requiring confidentiality and appropriate security. A current list of sub-processors is available on request from the Grievance Officer. The Organisation gives general authorisation for us to engage sub-processors, and we will notify it of changes so it may raise a reasonable objection on data-protection grounds. We remain responsible for our duties under this DPA.
Rights, incidents and audits
We will provide reasonable assistance when the Organisation responds to a privacy request, security incident or regulator enquiry. We will notify an affected Organisation of a confirmed personal-data breach when applicable law requires notice. On written request, we will provide information reasonably needed to show compliance, except information that would expose another customer’s data or weaken Platform security.
Return and deletion
The Organisation may request an available export during its subscription and for 90 days after cancellation. Lead data is retained for the subscription term plus 90 days. A deleted Lead is hard-purged after 30 days. Call transcripts and recordings are retained for 12 months. WhatsApp messages are retained for 12 months. Audit logs are retained for 2 years. Billing records are retained for 7 years. Analytics data is retained for up to 13 months. A legal hold, court order, dispute or applicable law may require longer retention. Protected backups may retain data for a short additional period until they are overwritten.
AI outputs and calls
AI voices, transcripts, classifications, sentiment, scores, summaries and recommendations may be inaccurate or incomplete. The Organisation must apply human review before relying on an AI output for any critical action, including a closure, customer commitment or payment.
The Organisation selects recipients, campaign content and calling hours and remains responsible for disclosures, consent and supervision. We do not guarantee that a call will connect, an output will be accurate or a Lead will convert.
Third-party services
The Platform depends on third-party service providers. A connected feature may change or become unavailable if its provider changes its service, terms or availability. The provider’s own terms may apply to the Organisation’s use of that feature.
Intellectual property and confidentiality
We and our licensors own the Platform, software, designs, models, documents, trademarks and other intellectual property in Onward. The Organisation owns its Customer Data. It gives us the limited right to process that data as required by these Terms and the Data Processing Agreement.
Each party must keep the other party’s non-public business, technical and commercial information confidential. It may use that information only to perform or receive the services under these Terms. It may disclose the information where law requires disclosure.
Liability and indemnity
To the extent permitted by law, the Platform is provided “as is” and “as available”. We exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise uninterrupted or error-free operation.
To the extent permitted by law, neither party is liable for indirect, incidental, special, exemplary or consequential loss. This includes loss of profit, revenue, goodwill or data. Our total liability relating to the Platform will not exceed the fees the Organisation paid us in the three months before the event that caused the claim.
The Organisation must defend and indemnify Quinite against any third-party claim, regulatory action, penalty or reasonable cost arising from its Customer Data, unlawful calls or messages, missing or invalid consent, or failure to meet applicable TRAI commercial-communications, NCPR/DND or DLT requirements. The same duty applies to a User’s misuse of the Platform or any other breach of these Terms or applicable law.
Suspension and termination
Either party may end the subscription as stated in its order form or by stopping renewal. We may suspend or terminate access for non-payment, a material breach, unlawful use or a security risk. We may also act where conduct may harm a person, the Platform or a provider. Where practical, we will give notice and allow a reasonable time to correct the issue.
The Organisation must request an available export within 90 days after cancellation or termination. Payment obligations, ownership rights, confidentiality duties, disclaimers, liability limits, indemnities and dispute terms continue after termination where their subject requires them to continue.
Governing law and disputes
Indian law governs these Terms. A party must first give written notice of a dispute and allow the other party a reasonable opportunity to discuss it. Subject to applicable law, the courts at Ahmedabad, Gujarat have exclusive jurisdiction.
Changes and contact
We may change these Terms when the Platform, our operations or the law changes. The revised Terms take effect on the date stated on this page. We will notify the Organisation of a material change where law requires notice.
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