Terms of Service

Jio Haptik Technologies Limited (Haptik/JHTL/Company) owns and operates the Haptik chatbot services, software, service api or site (Services). These terms of use apply to anyone with whom Haptik has executed (Client/You/Your) as well as all end users who access the Service on behalf of such Client.

 

These Terms of Service (Terms) are an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as may be amended from time to time, by the Information Technology Act, 2000. These Terms are generated by a computer system and does not require any physical or digital signatures.

 

These Terms of Service are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of the rules and regulations, privacy policy and terms of Service for access to or usage of any electronic devices and services.

 

By using our Services, You agree to be bound by these Terms. If You do not agree to these Terms, the use of the Services is not permitted. If You are accessing and/or using the Services on behalf of any company, organization or any association of individuals, such as partnership or unincorporated business entity, which may include Your employer (“Organization”) or any other legal entity, You represent and warrant that You have the authority to bind such Organization or other legal entity to these Terms. In such cases, “You” and “Your” will refer to that company or other legal entity.

 

Definitions:

 

“Applicable Law” means and includes all applicable Indian statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority or self-regulatory agency, statutory authority, tribunal, board, court in India. 

“Applicable Data Protection Law” means all applicable Indian government-issued Laws, rules, regulations and guidance pertaining to privacy, data processing, data protection, data security, encryption, or confidentiality including but not limited to the Information Technology Act, 2000.

“Business Day” shall mean any day other than Saturday, Sunday or any public holidays, on which the banks in Mumbai, India, Singapore & United States of America are open for business.

 

Intellectual Property” means and includes all intellectual property, in any part of the world, whether registered or not registered, and in particular (i) all trademarks, service marks, trade names, logos, domain names; patents, design rights; trade secrets, including, know-how, technology, formulae, industrial and commercial information, techniques and inventions; processes, manuals, documentation, and technical data and information; copyrights, works of authorship, and topography rights, database rights; computer hardware and software including source code, computer programs, user interfaces, software applications, software platform or infrastructure and any other information in relation to the above; (ii) all rights under licenses in respect of all of the above; (iii) any applications or registrations for the protection of all of the rights specified at sub-clause (i) and (ii) herein above; and (iv) all renewals and extensions thereof; and the term “Intellectual Property Rights” shall be construed accordingly.

Personal Data” means any information relating to an identified or identifiable natural person or that is otherwise considered personally identifiable information, personal information, or personal data under Applicable Data Protection Law.  

SaaS” means software as a service.

SLA” means Terms of Service shall be measured against the service levels and standards, as established in good faith by mutual agreement between the parties.

Subscription Commencement Date” means the date on which the Client accepts and acknowledges these Terms of Service.

Scheduled Maintenance” means the Company’s scheduled routine maintenance of the Solution for which the Client shall be notified at least two (2) hours in advance and shall not exceed eight (8) hours per week.

“Third Party Services” means the third-party services made available by the Company under the Solution including but not limited to WhatsApp.

Update” means the modifications or revisions made to the Solution: (i) to improve upon or repair existing features and operations within the Solution; (ii) to ensure compatibility with new releases of existing systems (including hardware, operating systems and middleware) and external services through standardized interfaces; (iii) to comply with Applicable Laws, regulations, industry standards or market practice, other than an Upgrade. 

“Upgrades” means new versions of the solution intended to enhance the functionality of the Solution and that may change the version number of such Solution.

Platform” shall mean the Haptik enterprise solution which is principally engaged in the business of providing software applications and solutions to automate critical business processes, including those for interactive and conversational solutions.

Solution” shall mean interface developed using the Services and the softwares.

Discretion:

In our sole discretion, we reserve the right to modify the Terms at any time. In case of any such modification, the updated and/or modified Terms shall be uploaded on Haptik’s Website at https://www.haptik.ai/terms 

For registered users, we shall provide a notification via email to the registered email ID. Please review the modified Terms Continued use of the Services after notification of the modified Terms, indicates that You agree to be bound by such modified Terms. If You do not wish to be bound by the modified Terms then You shall no longer use the Services. Our Services are evolving over time, keeping in connection with the changing business and work environment, we reserve the right to change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion.

 

By using the services or site in any way, You hereby agree to these terms of use and Haptik’s privacy policy, available at www.haptik.ai/privacy-policy

 

You may use the Services only if You are above the legal age as per the laws of the country You are accessing the Services and are not barred from using the Services under applicable laws of the country from which You are accessing the Services.

 

Note: Haptik is not Payment card industry Data Security Standards (‘PCI DSS”) or  Health Insurance Portability and Accountability Act (“HIPPA”) compliant organisation, and hence is not fully equipped to manage/process Personal Health Information (“PHI’s”). Use Cases built on these premises are the sole responsibility of the Client / You and in no event shall Haptik be liable for any breach, damage, violation that may occur or arise out of Your use of the Platform which is a violation of the aforementioned laws and regulations and the terms and conditions of these Terms.

 

Haptik’s Legal Rights:

 

Although Haptik is not obligated to monitor access to or use of the Services or content or to review or edit any content, Haptik has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. Haptik reserves the right, but are not obligated, to remove or disable access to any content, including user content, at any time and without notice, including, but not limited to, if Haptik, at Haptik’s sole discretion, consider any content to be objectionable or in violation of these Terms. Haptik has the right to investigate violations of these Terms or conduct that affects the Services. Haptik may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

 

Warranty Disclaimer:

HAPTIK HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO SUCH THIRD-PARTY APPS OR SITE. HAPTIK SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO YOUR USE OF OR RELIANCE UPON ANY THIRD-PARTY APPS OR SITE.

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, HAPTIK EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Haptik makes no warranty that the Services will meet any specific requirements or be available on an uninterrupted, secure, or error-free basis. Haptik makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content. Haptik makes no warranty regarding, and will have no liability in connection with, any alerts, notifications and/or corresponding actions programmed through the Services (such as the triggering (or lack thereof) of alerts or other notifications, the timeliness of delivery of any such alerts or notifications, the occurrence of any actions in other systems in response to an alert or notification, or the timeliness of the occurrence of such actions).

 

Limitation of Liability:

NEITHER HAPTIK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT `WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAPTIK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF YOU RESIDE IN SUCH JURISDICTION(S) THE ABOVE LIMITATION SHALL NOT APPLY TO YOU.

IN NO EVENT WILL HAPTIK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO HAPTIK FOR USE OF THE SERVICES OR CONTENT IN THE PRECEEDING 12 MONTHS. IF YOU DO NOT HAVE ANY PAYMENT OBLIGATIONS TO HAPTIK, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HAPTIK AND YOU.

 

Indemnification:

 

A. Each party hereto agrees that it shall indemnify and hold the other party, and any of the other party's respective affiliate companies, officers, directors, agents and employees (the “Indemnified Party"), free and harmless from and against any and all costs, obligations, liabilities, judgments, damages and expenses (including reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to claims or proceedings incurred or brought against the Indemnified Party that arise as a result of the following (the party to whom indemnification is sought hereunder is referred to as the "Indemnifying Party'): 

a. The Indemnifying Party's breach of any warranties or representations made by it in this Agreement. 

b. The Indemnifying Party's failure to comply in a material respect with any governmental law, statute, ordinance, administrative order, rule or regulation, unless the claim arises out of or is a result of the other party's breach of this Agreement (or its own acts or omissions causing said failure to comply); 

c. The Indemnifying Party's gross negligence or willful misconduct; 

d. The Indemnifying Party's infringement or violation of any copyright, patent, trademark or other intellectual property right of any third party unless the claim arises out of or is a result of the other party's acts or omissions causing said infringement or violation; or

e. The Indemnifying Party's failure to maintain the confidentiality and security of the other party's Confidential Information as is required pursuant to this Agreement; 

f. The Indemnifying Party's failure to comply with applicable law or regulation in collecting, assessing, storing, using, processing, disposing or disclosing credit, debit or other payment information, or failure of the Indemnifying Party to implement all procedures or practices that may be necessary to comply with such law or regulation; if applicable
g. The Indemnifying Party's failure to reasonably safeguard credit, debit or other payment information;
h. The Indemnifying Party's failure to prevent breaches of credit, debit or other payment information, or any other personal information of any customer, by any unauthorized person or entity through any means, whether electronic or otherwise;
i. The Indemnifying Party's failure to take reasonable steps mitigate any discovered breaches of credit, debit or other payment information, or any other personal information of any customer, by any unauthorized person or entity;
j. The Indemnifying Party's failure to provide reasonable notice to customers whose payment or personal information has been or may have been accessed by any unauthorized person or entity during a data breach, or failure to comply with any applicable law or regulation in notifying such customers;
k. Any act of the Indemnifying Party that results in the Indemnified Party's breach of copyright, patent, trademark or other intellectual property right of any third party.

 

B.  In claiming any indemnification hereunder, the Indemnified Party will provide the Indemnifying Party with written notice of any claim which it believes falls within the scope. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that the Indemnifying Party shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party's prior written consent. The Indemnified Party further agrees that it shall provide the Indemnifying Party with reasonable information and assistance in connection with such claim or suit.

 

Confidentiality:

 

  • Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a party (the “Disclosing Party”) disclosed to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement, the Customer Data, the Services, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (d) is received from a third party without breach of any obligation owed to the Disclosing Party.
  • Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission. Notwithstanding the foregoing, Ada Support may: disclose this Agreement to its actual and prospective investors, advisors and partners.
  • Protection. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care).
  • Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
  • Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies may be inadequate.

 

Dispute Resolution and Governing Law:

 

If there is any controversy, dispute or claim arising out of or relating to interpretation or breach of these Terms, the parties will endeavor to settle it promptly. If such a dispute cannot be resolved amicably, the parties will promptly initiate and participate in good faith mediation of the dispute, with the mediator to be selected jointly by the parties or, if the parties cannot agree upon a mediator, then by a mediator to be selected jointly by two mediators selected by the parties. Nothing shall prevent either party from directly seeking injunctive or other equitable relief from any court of competent jurisdiction in situations where (i) the matter concerns the use of Confidential Information or (ii) damages would not adequately compensate for an alleged breach of this Agreement. 

 

These Terms shall be governed, enforced, interpreted and construed in accordance with the laws of India and will be litigated exclusively in the courts of Mumbai, India (“Applicable Law”).  In the event any provision of this Agreement is held to be unenforceable or invalid under Applicable Law, such provision will be ineffective only to the extent of such unenforceability or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Terms.

 

Data Security and Privacy:

 

1. Unless explicitly stated otherwise in this contract, the Client shall be responsible to ensure that relevant consents as per applicable laws and regulations have been obtained from the individuals/ data subjects and recorded and the correctness and accuracy of such Personal Information and the Company shall have no liability towards the Client or the Users arising as a result of the collection, correctness, accuracy and processing of any such Personal Data. 

 

2. The Client shall be responsible to maintain records of all consent acceptance and refusal for seven years. The Client shall also be responsible to provide details of consent acceptance and/ or refusal within 15 calendar days of the Company’s written request for the same. The Client will be liable to pay for any damages that the Company incurs due to inaccurate and/ or insufficient consent records.

 

3. The Company will use the Personal Data only on the directions of the Client. The Company will not use Personal Data collected on behalf of the Client, received from the Client or its personnel or otherwise processed on behalf of the Client for any purpose other than as necessary to perform services under this Agreement.

 

4. Parties shall take reasonable steps to ensure the reliability of any employee, agent or contractor who may have access Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know/ access the relevant Personal Data, as strictly necessary for the purposes of this Agreement, and to comply with Applicable Laws in the context of that individual’s duties, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

 

5. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of storing, controlling and/ or processing personal data as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Parties shall in relation to the Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk.

 

6. The Parties will ensure that they are in compliance with all applicable laws while handling any personal information and shall execute such agreements as may be necessary to ensure compliance with applicable laws. 

 

7. The Company shall not under any circumstances, be liable for any damage, destruction, unauthorized access or loss of Personal Data.  

 

8. The subject-matter and duration of the processing:

The chatbot is built by the Client / You to engage in a conversation with the data subject. The Company shall retain Personal Data for a maximum duration of 7 years.

 

9. The nature and purpose of the processing:

All data sent from the data subjects to Haptik systems & vice versa along with usage of data from Client / Your APIs into Haptik systems will be processed by Haptik to provide services defined by the Client to data subjects.

 

10. Type of personal data:

Details collected by the data subject may include but not be limited to be name, phone number, email ID, company name and purpose of visit on Client’s website. Additional details may be requested to provide Services mentioned as part of Client agreements and to comply with laws and regulations.

 

11. Transfer of personal data and collecting any other information of the data subject:
  • Client will make the IVA live on production, which serves real user traffic. Client agrees to have done sanity for the changes made.
  • By continuing to Transfer the IVA, Client accepts that there is no medical or payment related information collection in the IVA.
  • By Continuing to Transfer the IVA, Client accepts to have masked the PII entities as personal.
  • Client has taken prior consent in the IVA flow wherever possible before collecting PII from the data subjects.

 

12. The obligations and rights of the controller:
  • The Controller (Client) is responsible to securely store and maintain privacy for subject data and Personal Data.
  • For customers availing Agent Chat functionality, the controller (Client) has access to the Company’s portal for accessing chat transcripts. Controls over information security for Personal Data in chat transcripts must be implemented.
  • Controller (Client) should ensure appropriate safeguards for limiting and securing access to the Haptik Platform provided on Sign Up.
  • It is the responsibility of the controller (Client) to implement any and all security measures for protection of Personal Data received from the Company.
  • Controller (Client) should ensure to convey to the Company in case of a data breach by the Client.

 

13. The obligations and rights of the processor:
  • Company (processor) will store Personal Data securely and limit access to this data through permissions.
  • Company (processor) is responsible to securely share Personal Data to the Client (controller).
  • Company (processor) will inform the Client (controller) in case of a data breach of Personal Data collected for that respective Client.

 

14. Rights of data subjects:

 The Parties are responsible for ensuring the rights of data subjects in accordance with the following.

  • right of access by the data subject 
  • right to rectification
  • right to erasure (the right to be forgotten)
  • right to restriction of processing
  • notification obligation regarding rectification or erasure of personal data or restriction of processing or breach
  • right to data portability 
  • right to object to processing

 

The parties are responsible for assisting each other to the extent this is relevant and necessary for both parties to comply with their obligations to the data subjects.

 

15. Data storage will happen in the cloud data center region You choose during the time of Your signup.

Use Cases:


  • All the data that is collected from the user will get stored as a part of chats transcripts on the Haptik platform
  • Haptik reserves the right to review the use cases and type of data collected for the usage of its platform
  • Client is solely responsible for the types of use cases & data collected from the data subjects for these said use cases
  • Haptik is not Payment card industry Data Security Standards (‘PCI DSS”) or  Health Insurance Portability and Accountability Act (“HIPPA”) compliant organisation, and hence is not fully equipped to manage/process Personal Health Information (“PHI’s”). Use Cases built on these premises are the sole responsibility of the Client / You and in no event shall Haptik be liable for any breach, damage, violation that may occur or arise out of Your use of the Platform which is a violation of the aforementioned laws and regulations and the terms and conditions of these Terms.

Usage & Payments:


The current sign up provides You with a one time free trial licence which entitles Your bot to 1000 conversations. As You approach the conversation limit, the Sales Team will reach out to upgrade the licence for usage to a payable one.


The terms for the payable licence will be discussed by Haptik’s Sales POC.


The BOT shall not function past a 1000 conversations and once a Client is past the aforementioned conversations, Haptik shall in no manner be held obligated or liable for any trade disturbance which may occur based on the constrained utilization mentioned herein above. The Client affirms and concurs that post the one time utilization the bot might halt working and the Parties shall reach a common agreement for further utilization of Services. In no event shall the Company be held liable for any business loss, consequential, indirect loss, direct loss, damages, lost revenue, punitive damages arising out of the same.


In the interest of continuity Haptik would recommend moving to a payable licence at the earliest. 

 

Service Level Agreement (SLA)


The following definitions apply to the SLA:


  • "Covered Service" means Jio Haptik Technologies Limited's end-user chat experience obtained from chatbot services, software, service api or site (Services). WhatsApp Notifications API, Bot Builder, Analytics and other development tools are not covered under this SLA.
  • "Downtime" means more than a 5% Error Rate on WhatsApp bot or end user chat interface does not respond. Downtime is measured based on server-side Error Rate. WhatsApp Business API (Managed by WhatsApp) & all other 3rd party applications, CRM’s & customer api end points are not covered.
  • "Error Rate" means the number of Valid Requests that result in a response with HTTP Status 500 and Code "Internal Error" divided by the total number of Valid Requests during that period. 
  • "Valid Requests" are requests that conform to the Documentation, and that would normally result in a non-error response.

Target Availability: The Company will use all commercially reasonable efforts to make the Solution available with an uptime of 99.9% (ninety five percent) of each financial year (“Target Availability”)


SLA Exclusions


  1. That result from the use of services, hardware, or software not provided by Haptik, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
  2. Caused by Client’s use of a Service after Haptik advised to modify Your use of the Service if You did not modify Client’s use as advised;
  3. Features designated Alpha or Beta (unless stated otherwise in the associated Documentation.)
  4. That result from Client’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or Client’s use of the Service in a manner inconsistent with the features and functionality of the Service.
  5. In the event of a scheduled maintenance window (Intimation of which will be provided at least three (3) business days by Haptik in advance.)

Technical Support


Technical support is provided for the JHTL offering during the term and is not available as a separate offering:

The utilisation of the Solution under these Terms of Use shall be measured against the service levels and standards, as established in good faith by mutual agreement between the Parties (“SLA”) as mentioned here https://docs.haptik.ai/getting-support  

Access during technical support:

For the purpose of debugging or providing technical support to Client, Haptik reserves the right to gain limited access to the Client’s information on the platform. By signing up to the platform You agree to the same.

For Delivery/Platform Issues/Requirements


Reach out to support[at]haptik.ai

Maintenance & Updates:

Resolutions to Defects and essential data centre infrastructure and/or Service platform work will be conducted during Scheduled Maintenance. 



    • System Maintenance periods can be between 0-4 hours or as required. Such maintenance period will be taken up during non-working hours, unless any critical issue(s) to be fixed on emergency basis on production system
    • Service Provider will provide prior notice of 3 days to customers for Maintenance activities unless it is an emergency fix.