Terms of Service

These Terms of Service (“Terms”) are a binding agreement between Carmaa Technologies Private Limited, a company incorporated under the laws of India (CIN U45403UT2025PTC019812, PAN AANCC0341C, GSTIN 05AANCC0341C1Z9), having its registered office at 197 Tea Estate, Near Bhadri Guest House, Banjarawala, Dehradun - 248001, Uttarakhand, India (“Carmaa”, “Company”, “we”, “us”, “our”), and the person or entity that registers for or uses SAM.AI (“you”, “your”, “Customer”). By creating an account, clicking “I agree”, or using the Service, you accept these Terms. If you are agreeing on behalf of a business, you represent that you are authorised to bind it.

If you do not agree, do not use the Service.

1. Definitions

• “Service” / “Platform” / “SAM.AI” — Carmaa’s multi-channel AI sales-and-marketing software, including the WhatsApp AI agent, LinkedIn content automation, the lead/booking dashboard (CRM), analytics, retargeting tools, the admin portal, and related APIs and services.
• “Customer Data” — all data you or your End Users submit to, or generate through, the Service, including business details, service catalogues, contacts, leads, conversation content, bookings, and uploaded media.
• “End User” / “Contact” — an individual who interacts with you through the Service (e.g. a person messaging your WhatsApp number) or whose personal data you load into the Service.
• “Third-Party Services” — services not operated by us that you connect to or use with the Service, including Meta/WhatsApp Business Platform, Google (Calendar), LinkedIn, your chosen AI provider (e.g. Google Gemini, OpenAI, Groq), and the payment processor (Razorpay).
• “Subscription” — your paid plan (e.g. Starter, Growth, Scale) for one or more products (WhatsApp, LinkedIn) for a billing term (monthly, quarterly, yearly).
• “AUP” — our Acceptable Use Policy, incorporated by reference.

2. Eligibility & Accounts

2.1 You must be at least 18 and able to form a binding contract. The Service is intended for business use, not consumers.

2.2 You are responsible for your account, all activity under it, and the confidentiality of your credentials. You may create sub-users (including read-only roles); you are responsible for their actions and access.

2.3 You must provide accurate information and keep it current. We may refuse, suspend, or terminate accounts that violate these Terms or applicable law.

3. The Service

3.1 Subject to these Terms and your active Subscription, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes.

3.2 AI agent. SAM.AI uses large-language-model technology to converse with your Contacts on your behalf, capture leads, and assist with bookings. You configure the agent’s persona, language, services, prompts and behaviour.

3.3 We may modify, improve, add, or remove features over time. We will not materially reduce the core functionality of a paid Subscription during its paid term without notice.

4. Your Responsibilities

You are solely responsible for:

4.1 Lawful use of the Service and compliance with all applicable laws, including data-protection, consumer-protection, anti-spam, and electronic-communication laws.

4.2 Consents & opt-ins. Obtaining and maintaining all necessary consents from your Contacts/End Users to be messaged (including any WhatsApp opt-in required by Meta), to have their data processed, and to receive retargeting/follow-up messages. You are the data controller of your Contacts’ personal data; we process it for you as described in the Privacy Policy and DPA.

4.3 Your content and outputs. The accuracy and legality of your business information, service listings, prompts, uploaded media, and any messages or LinkedIn posts generated or sent through the Service.

4.4 Credentials & connected accounts. Maintaining your own Third-Party Service accounts and credentials.

4.5 Account security and promptly notifying us of any unauthorised use.

5. Third-Party Services and “Bring-Your-Own” Credentials

5.1 The Service is designed to connect to Third-Party Services. You are responsible for obtaining, paying for, and complying with the terms of those services. In particular:

• Meta / WhatsApp Business Platform. You connect your own WhatsApp Business account and are responsible for all Meta/WhatsApp fees and charges and for compliance with Meta’s WhatsApp Business Terms, Messaging and Commerce policies. We do not control Meta’s pricing, availability, or account decisions.
• AI provider (Gemini/OpenAI/Groq/etc.). You supply your own AI provider API key. You are responsible for that provider’s fees, usage limits, and terms.
• Google (Calendar) and LinkedIn. Where you connect these via OAuth, you authorise the Service to act within the scopes you grant. You may disconnect at any time.
• Razorpay. Payments are processed by Razorpay; their terms apply to the payment transaction.

5.2 We are not responsible for Third-Party Services, their availability, changes, suspension, or any loss arising from them.

6. AI Features — Important Disclaimer

6.1 AI output may be inaccurate. SAM.AI uses generative AI that can produce incorrect, incomplete, or inappropriate output (“hallucinations”). You are responsible for reviewing and supervising the agent’s behaviour and using the human-handover feature where needed.

6.2 Not professional advice. AI output is not legal, medical, financial, or other professional advice.

6.3 Your responsibility for outputs. As between you and us, you are responsible for the content the agent sends to your Contacts and the LinkedIn content it publishes for you.

6.4 No guarantee of outcomes. We do not guarantee any particular number of leads, conversions, bookings, deliverability, or business results.

7. Subscriptions, Fees & Payment

7.1 Plans and pricing. The Service is offered on tiered Subscriptions (e.g. Starter / Growth / Scale) per product, at the prices shown at purchase.

7.2 Pay-then-use (prepaid). Subscriptions are prepaid: you pay for the upcoming term in advance. Fees are charged via Razorpay.

7.3 Taxes. Fees are exclusive of taxes. You are responsible for applicable taxes (including GST), except taxes on our income.

7.4 Price changes. We may change prices for future terms with reasonable advance notice.

7.5 Renewal / auto-renew. Where auto-renew is offered and enabled, your plan renews at the then-current price until cancelled.

7.6 Non-payment, expiry & suspension. If a Subscription expires or a payment fails, we may suspend or limit the Service after a short grace period. See the Refund & Cancellation Policy for details.

7.7 No fees for Third-Party usage. Our fees do not include Meta/WhatsApp or AI-provider charges, which you pay directly to those providers.

8. Free Trials & Coupons

8.1 We may offer free trials or coupon codes. Trials/coupons are non-transferable, limited to one per customer unless stated, and may be changed or withdrawn.

8.2 At the end of a free trial, access stops unless you purchase a plan. No payment is taken during a no-card trial unless you choose to subscribe.

9. Acceptable Use

9.1 You must comply with our Acceptable Use Policy (incorporated by reference), including its anti-spam and WhatsApp/Meta-compliance requirements.

9.2 We may investigate suspected violations and may suspend or terminate access for violations, illegal activity, or risk to the Service or others.

10. Customer Data & Privacy

10.1 As between the parties, you own your Customer Data. You grant us a non-exclusive licence to host, process, and display Customer Data solely to provide and support the Service.

10.2 Our processing of personal data is governed by our Privacy Policy and Data Processing Addendum (DPA).

10.3 You represent that you have the right to provide the Customer Data and the necessary consents for us to process it.

11. Intellectual Property

11.1 We and our licensors own all rights in the Service. No rights are granted except as expressly stated.

11.2 You retain rights in Customer Data.

11.3 Feedback. If you give us suggestions, you grant us a perpetual, royalty-free licence to use it without restriction.

11.4 You must not copy, reverse-engineer, resell, sublicense, or create derivative works of the Service except as permitted by law.

12. Confidentiality

Each party may receive non-public information of the other. The receiving party will protect it with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.

13. Warranties & Disclaimers

13.1 You represent that you will use the Service lawfully and have all necessary rights and consents.

13.2 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data.

14.2 Cap. Our total aggregate liability will not exceed the total fees you paid to us in the three (3) months immediately preceding the event giving rise to the claim.

14.3 Nothing limits liability that cannot be limited under applicable law (e.g. for fraud or wilful misconduct).

14.4 We are not liable for loss arising from Third-Party Services, your misconfiguration of the AI agent, your content, or your failure to obtain required consents.

15. Indemnification

You will defend, indemnify, and hold us harmless from any third-party claim, loss, or liability (including reasonable legal fees) arising from: (a) your Customer Data or content; (b) your use of the Service in violation of these Terms, the AUP, or law; (c) your messages/posts sent through the Service; (d) your failure to obtain required consents; or (e) a dispute between you and your End Users or Contacts.

16. Term, Suspension & Termination

16.1 These Terms apply while you use the Service or hold an account.

16.2 You may stop using the Service and cancel renewal at any time (see Refund & Cancellation Policy).

16.3 We may suspend or terminate for material breach (including non-payment or AUP violation), legal requirement, or risk to the Service/others.

16.4 Effect of termination. Access ends. You may request export of your Customer Data within 30 days of termination, after which we may delete it. Sections that by their nature survive (e.g. fees due, IP, confidentiality, disclaimers, liability, indemnity, governing law) survive termination.

17. Changes to the Service or Terms

We may update these Terms. For material changes we will provide notice (email/in-app) and update the “Last updated” date. Continued use after the effective date constitutes acceptance.

18. Force Majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including outages at Third-Party Services, internet/cloud-provider failures, acts of government, or force majeure.

19. Governing Law & Dispute Resolution

19.1 These Terms are governed by the laws of India, without regard to conflict-of-laws rules.

19.2 Subject to §19.3, the courts at Dehradun, Uttarakhand, India have exclusive jurisdiction.

19.3 Arbitration. Any dispute shall be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue shall be Dehradun, Uttarakhand, India, and the language shall be English.

20. General

20.1 Assignment. You may not assign these Terms without our consent; we may assign to an affiliate or successor.

20.2 Entire agreement. These Terms, the AUP, Privacy Policy, DPA, and any order/checkout form the entire agreement.

20.3 Severability & waiver. If a provision is unenforceable, the rest remains in effect; no waiver is implied by delay.

20.4 Notices. We may notify you via the email on your account or in-app.

21. Contact

Carmaa Technologies Private Limited
Email: techcarmaa@gmail.com · Phone: +91 70425 55401
Registered office: 197 Tea Estate, Near Bhadri Guest House, Banjarawala, Dehradun - 248001, Uttarakhand, India

By using SAM.AI you acknowledge that you have read and agree to these Terms, the Acceptable Use Policy, the Privacy Policy, and the Refund & Cancellation Policy.