Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Modishcard website, WhatsApp-based AI assistant, and related services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Modishcard provides an AI assistant for local businesses on WhatsApp, including Google Business Profile audits and optimization guidance, QR tracking, review collection automation, and analytics summaries.
1) Eligibility and Account
- You must be legally capable of entering into a binding contract to use the Services.
- You are responsible for maintaining the confidentiality of your account and for all activity under it.
- You must provide accurate information and keep it updated.
2) Your Responsibilities
- Business data accuracy: You are responsible for the accuracy and legality of information you provide (e.g., business hours, address, offerings).
- Permissions: If you connect third-party accounts (e.g., Google Business Profile), you represent that you have authority to grant access.
- Compliance: You agree to comply with applicable laws and platform policies (including WhatsApp and Google terms) when using the Services.
3) Acceptable Use
You agree not to:
- Use the Services for unlawful, harmful, or fraudulent purposes.
- Send spam, abusive, or harassing messages through the Services.
- Attempt to access or interfere with systems, accounts, or data not intended for you.
- Reverse engineer, copy, or exploit the Services except as permitted by law.
- Upload or share content that infringes intellectual property rights or violates privacy rights.
4) AI Outputs and Disclaimer
- The Services may generate recommendations, drafts, and guidance using AI. Outputs may be inaccurate or incomplete.
- You are responsible for reviewing outputs before publishing, applying changes to your business profile, or using them in marketing.
- We do not guarantee specific outcomes such as rankings, views, leads, revenue, or review counts.
5) Plans, Trials, Billing, and Refunds
- Plans: Modishcard may offer Free and paid subscription plans (e.g., monthly plans) with different features and limits.
- Trials: If a trial is offered, it may convert to a paid plan unless cancelled before the trial ends.
- Billing: You authorize us (and our payment processors) to charge applicable fees and taxes.
- Refund policy: Where stated, we may offer a 14-day money-back guarantee for eligible purchases. Refund eligibility may exclude misuse, policy violations, or excessive usage. (If you want stricter rules, add them here.)
- Cancellation: You may cancel anytime. If you cancel, you retain access until the end of the current billing period unless otherwise stated.
6) Third-Party Services
The Services may rely on third-party platforms (e.g., WhatsApp/Meta, Google) and providers (e.g., hosting, analytics, payment processing). Your use of third-party services is governed by their terms. We are not responsible for third-party outages, changes, or policy decisions.
7) Intellectual Property
- Our IP: Modishcard and its software, designs, and branding are owned by us and protected by applicable laws.
- Your content: You retain ownership of content you provide. You grant us a limited license to use it to operate and improve the Services.
- Feedback: If you provide suggestions, you grant us the right to use them without restriction or compensation.
8) Privacy
Your use of the Services is subject to our Privacy Policy. Please review it to understand how we collect and use information.
9) Suspension and Termination
We may suspend or terminate access to the Services if you violate these Terms, create risk to the platform or other users, or as required by law. You may stop using the Services at any time.
10) Disclaimers
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that results will meet expectations.
11) Limitation of Liability
To the maximum extent permitted by law, Modishcard will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill arising from or related to your use of the Services. Our total liability for any claim will not exceed the amount you paid to Modishcard for the Services in the 3 months preceding the event giving rise to the claim (or ₹5,000, whichever is higher), unless required otherwise by law.
12) Indemnity
You agree to indemnify and hold Modishcard harmless from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Services, your content, or your violation of these Terms or applicable laws.
13) Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Courts located in or having jurisdiction over Mohali, Punjab will have jurisdiction, unless otherwise required by applicable law.
14) Changes to These Terms
We may update these Terms from time to time. We will update the “Last Updated” date. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
15) Contact Us
- Email: hello@modishcard.com
- Phone: +91-81461-00276
- Location: Mohali, Punjab, India