Terms of Service

1. Definitions

In these Terms:

• "Company", "we", "us", "our" refers to Skanda AI Solutions Private Limited, CIN U62013TS2026PTC216311, registered at Plot No. 69, Road No. 7, HMT Officers Colony, Alwal, Hyderabad – 500010, Telangana, India.
• "Client", "you" refers to the business entity or individual entering into an engagement with the Company.
• "Services" means all AI engineering, development, deployment, and platform services offered by the Company.
• "Platform" means any software, application, dashboard, or AI system developed or operated by the Company on behalf of a Client.
• "End Users" means the customers, employees, or users of the Client who interact with any Platform.
• "WhatsApp Business Platform" means the messaging infrastructure provided by Meta Platforms, Inc. for business communication via WhatsApp.
• "Meta" means Meta Platforms, Inc. and its affiliates.
• "Service Agreement" means any written or digital agreement, statement of work, or engagement letter signed between the Company and the Client.
• "Confidential Information" means all non-public business, technical, or financial information disclosed by either party.

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2. Our Services

Skanda AI Solutions Private Limited provides AI engineering and technology services including but not limited to:

• Voice AI Agents: Automated inbound and outbound call systems using natural language processing and speech synthesis
• WhatsApp Business Automation: AI-powered conversational systems built on the WhatsApp Business Platform Cloud API
• Conversational AI & Chatbots: Website and app-embedded AI assistants with CRM and backend integrations
• Computer Vision Systems: Image and video analysis for defect detection, quality control, object recognition, and surveillance
• Machine Learning & Deep Learning Models: Custom model development, training, and deployment for classification, regression, forecasting, and anomaly detection
• LLM Fine-Tuning: Custom large language models trained on client-specific data and domain knowledge
• Enterprise RAG Systems: Retrieval-augmented generation systems connecting AI to internal knowledge bases
• Agentic AI Pipelines: Multi-step autonomous AI agents that reason, plan, and execute business workflows
• Social Media Automation: AI-powered communication systems for Instagram, Facebook, WhatsApp, and other platforms
• Workflow & Process Automation: End-to-end business process automation integrating ERP, CRM, and custom systems
• MLOps & AI Infrastructure: Model monitoring, CI/CD pipelines, drift detection, and production AI management
• Consulting & Strategy: AI readiness assessments, architecture design, and implementation planning

The specific scope, deliverables, timelines, and pricing for each engagement are defined in a Service Agreement signed by both parties.

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3. Engagement & Contracts

All engagements with the Company commence upon execution of a Service Agreement or upon the Client's written acceptance of a proposal. These Terms of Service are incorporated by reference into every Service Agreement.

In the event of any conflict between a specific Service Agreement and these Terms, the terms of the Service Agreement shall prevail for that specific engagement.

The Company reserves the right to decline any engagement without explanation, at its sole discretion.

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4. WhatsApp Business Platform Terms

4.1 Acceptance of Meta Terms

Clients using our WhatsApp Business Platform services must accept and comply with the following Meta agreements, which are incorporated by reference into these Terms:

• Meta Terms for WhatsApp Business
• WhatsApp Business Platform Cloud API Terms
• WhatsApp Business Policy
• Meta Platform Terms

The Company acts as a Technology Provider connecting Client WhatsApp Business Accounts (WABAs) to the WhatsApp Business Platform Cloud API. The Client owns their WABA and bears primary responsibility for all communications sent through it.

4.2 Client WABA Ownership

Each Client must have their own WhatsApp Business Account (WABA) registered directly with Meta. The Company does not own or hold WABAs on behalf of clients. The Client's messaging history, phone number reputation, and sending limits remain permanently with the Client.

4.3 Opt-In Obligation

The Client is solely responsible for obtaining explicit opt-in consent from every end user before sending them WhatsApp messages. The Client must:

• Maintain verifiable records of opt-in consent for each recipient
• Ensure opt-in methods are clear, specific, and comply with applicable law
• Honour opt-out requests immediately (within 24 hours)
• Never purchase, rent, or use third-party phone number lists for WhatsApp outreach

The Company accepts no liability for messages sent to non-consenting users. WABA suspension or termination by Meta resulting from non-compliant messaging is the sole responsibility of the Client.

4.4 Message Template Compliance

All outbound WhatsApp messages initiated outside the 24-hour customer service window must use Meta-approved message templates. The Client is responsible for ensuring template content complies with WhatsApp Business Policy. The Company will assist with template submission but cannot guarantee Meta's approval of any template.

4.5 Prohibited WhatsApp Content

The Client shall not use any WhatsApp-based platform operated by the Company to send:

• Unsolicited commercial messages (spam)
• Sexually explicit, abusive, hateful, or discriminatory content
• Content promoting illegal goods, services, or activities
• Misinformation, political propaganda, or election-related content without Meta's specific approval
• Content that violates any third party's intellectual property rights
• Messages to users who have opted out or requested to stop receiving communications
• Full payment card numbers, full government ID numbers, or unencrypted sensitive financial data

4.6 Meta's Rights

Meta reserves the right to suspend or terminate any WhatsApp Business Account that violates its policies. The Company shall not be liable for any suspension, termination, or loss of access to the WhatsApp Business Platform imposed by Meta.

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5. Client Obligations

As a Client of Skandaai Solutions, you agree to:

• Provide accurate, complete, and up-to-date information required for the engagement
• Appoint a designated point of contact with authority to make decisions during the project
• Respond to requests for information, approvals, and feedback within agreed timelines
• Provide access to required systems, APIs, credentials, and data in a timely manner
• Obtain and maintain all necessary licences, permissions, and consents required for the intended use of AI systems deployed on your behalf
• Ensure end users are informed about AI-powered interactions in accordance with applicable law
• Pay all invoices within the agreed payment terms
• Not share, resell, or sublicense any platform built by the Company to third parties without prior written consent
• Report any security incidents, data breaches, or suspected unauthorised access to the Company immediately

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6. Acceptable Use Policy

All platforms, APIs, and services provided by the Company must be used for lawful purposes only. Acceptable uses include:

• Customer service automation and support
• Sales and lead qualification workflows
• Appointment scheduling and reminders
• Order status updates and transactional communications
• Internal employee productivity tools
• Quality control, defect detection, and operational monitoring
• Data analysis, forecasting, and business intelligence
• Educational and training applications

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7. Prohibited Uses

The following uses of any Company service or platform are strictly prohibited:

• Sending spam, unsolicited marketing communications, or bulk messages without valid opt-in consent
• Collecting, processing, or transmitting personal data without the required legal basis or consent
• Impersonating another business, person, or government authority
• Using AI systems to spread disinformation, manipulate public opinion, or conduct electoral interference
• Deploying AI for surveillance, profiling, or discrimination based on protected characteristics
• Reverse engineering, decompiling, or extracting source code from any platform or model
• Attempting to bypass, overload, or attack the Company's or Meta's infrastructure
• Using AI voice agents to deceive callers into believing they are speaking with a human when directly and sincerely asked
• Processing or transmitting content involving child sexual abuse material (CSAM) or any content harmful to minors
• Using the platform for any activity that violates the laws of India or the jurisdiction in which the Client operates
• Sharing access credentials with unauthorised parties

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8. Payment Terms

Unless otherwise specified in the Service Agreement:

• Setup fees and project fees are invoiced as agreed in the Service Agreement (typically 50% upfront, 50% on delivery)
• Monthly retainer fees are invoiced at the start of each calendar month and are due within 15 days of the invoice date
• All prices are in Indian Rupees (INR) and exclusive of applicable GST (18%)
• Payments are accepted via bank transfer (NEFT/RTGS/IMPS), UPI, or other methods agreed in writing
• Late payments attract an interest charge of 1.5% per month on the outstanding amount, starting from the due date
• The Company reserves the right to suspend services if invoices remain unpaid beyond 30 days of the due date, after a 7-day written notice period
• WhatsApp conversation costs are billed directly by Meta to the Client and are not included in Skanda AI's service fees
• Refunds are not available for completed work. For disputed invoices, contact legal@skandaai.in within 7 days of receipt

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9. Intellectual Property

9.1 Company IP

All proprietary frameworks, reusable libraries, core platform architecture, AI agent scaffolding, and pre-existing tools developed by the Company remain the exclusive intellectual property of Skanda AI Solutions Private Limited. These are not transferred to the Client under any Service Agreement unless explicitly stated in writing with specific IP transfer clauses.

9.2 Client IP

All Client-provided materials, data, brand assets, business logic, and proprietary information remain the property of the Client. The Company is granted a non-exclusive, revocable licence to use Client IP solely for the purpose of delivering the agreed services.

9.3 Deliverables

Unless the Service Agreement specifies an IP transfer, deliverables (such as trained models, custom code written specifically for the Client, and integration configurations) are licensed to the Client for use in their business operations. The underlying methods, architectures, and reusable components remain with the Company.

9.4 Trained AI Models

AI models fine-tuned or trained exclusively on the Client's proprietary data are treated as Client assets. Upon full payment of all invoices and contract completion, the Client receives the model weights and associated documentation. Base models, training frameworks, and evaluation tooling remain the Company's property.

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10. Data Ownership & Processing

The Client owns all business data, customer data, and content provided to the Company or processed through platforms operated on the Client's behalf. The Company processes this data solely as a data processor acting on the Client's instructions.

The Company will not use the Client's data for any purpose beyond delivering the agreed services, including training models for other clients or sharing data with third parties, except as required by law or as described in our Privacy Policy.

Upon termination of the engagement, all Client data in the Company's possession will be returned or permanently deleted within 30 days, as specified by the Client.

A Data Processing Agreement (DPA) is available upon request for Clients subject to GDPR or other data protection regulations requiring a formal DPA.

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11. Confidentiality

Both parties agree to keep Confidential Information strictly confidential and not to disclose it to any third party without prior written consent, except:

• Where required by law, court order, or regulatory authority
• To employees or contractors who need it to perform their work and are bound by confidentiality obligations
• Where the information is or becomes publicly available through no breach of these Terms

This confidentiality obligation survives termination of the engagement by 3 years.

The Company will not publicly identify the Client as a customer or share case study information without the Client's prior written consent, except where the Client has already publicly disclosed the relationship.

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12. Service Levels & Availability

For production AI systems maintained under a retainer agreement, the Company commits to:

• Uptime: 99% monthly availability for hosted platforms (excluding scheduled maintenance and force majeure)
• Incident response: Critical issues acknowledged within 2 hours during business hours (Mon–Sat, 9 AM – 7 PM IST); 4 hours outside business hours
• Scheduled maintenance: Communicated at least 48 hours in advance; typically scheduled between 12 AM – 5 AM IST
• Bug fixes: Critical bugs resolved within 24 hours; non-critical bugs within 5 business days

Service level commitments do not apply to third-party services (Meta WhatsApp Platform, OpenAI API, cloud infrastructure providers) which are governed by their own terms. Downtime caused by third-party providers is excluded from our SLA calculations.

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13. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Company's total liability for any claim arising from or related to these Terms or a Service Agreement shall not exceed the total fees paid by the Client to the Company in the 3 months preceding the claim
• The Company shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption
• The Company is not liable for decisions made by the Client based on outputs, recommendations, or predictions generated by AI systems, including but not limited to LLM outputs, predictive analytics, and computer vision classifications
• The Company is not liable for suspension or termination of Client access to the WhatsApp Business Platform, Meta ad accounts, or any other third-party service resulting from the Client's own policy violations
• The Company does not warrant that AI systems will be error-free, uninterrupted, or produce results of any specific accuracy level

Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or death and personal injury caused by the Company's negligence.

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14. Indemnification

The Client agrees to indemnify, defend, and hold harmless Skanda AI Solutions Private Limited, its directors, officers, employees, and contractors from and against any claims, damages, penalties, or costs (including legal fees) arising from:

• The Client's breach of these Terms or any Service Agreement
• The Client's violation of Meta's WhatsApp Business Policy or any applicable law
• Sending WhatsApp messages to users who have not provided valid opt-in consent
• The Client's use of AI systems for prohibited purposes as defined in Section 7
• Claims by the Client's end users relating to the Client's own business operations
• Infringement of third-party intellectual property rights by content or data provided by the Client

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15. Termination

15.1 Termination by Client

The Client may terminate a Service Agreement by providing 30 days' written notice. Fees for work completed up to the termination date remain payable in full. Setup fees and any prepaid retainer fees are non-refundable.

15.2 Termination by Company

The Company may terminate a Service Agreement with immediate effect if:

• The Client breaches these Terms and fails to remedy the breach within 14 days of written notice
• The Client fails to pay any invoice within 30 days of the due date after a 7-day notice
• The Client uses the Platform for prohibited purposes as defined in Section 7
• The Client's actions result in suspension of their Meta Business Account or WhatsApp Business Account
• The Client engages in fraudulent or illegal activity

The Company may also terminate any engagement with 30 days' notice for any other reason.

15.3 Effect of Termination

Upon termination: all licences granted to the Client cease; the Client must immediately stop using all platforms and API integrations; all outstanding invoices become immediately due; Client data will be returned or deleted within 30 days per Client instruction; confidentiality obligations continue as specified in Section 11.

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16. Governing Law & Disputes

These Terms and all Service Agreements are governed by the laws of India. The parties submit to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India for the resolution of any dispute.

Before initiating any legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days. If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a single arbitrator appointed by mutual agreement. The language of arbitration shall be English, and the seat of arbitration shall be Hyderabad, India.

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17. Modifications to These Terms

The Company may update these Terms from time to time to reflect changes in services, law, or business practices. Material changes will be communicated to active Clients via email at least 30 days before the effective date. Continued use of our services after the effective date constitutes acceptance of the revised Terms.

The current version of these Terms is always available at www.skandaai.in/terms.

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18. Contact

For questions, concerns, or legal notices related to these Terms of Service:

These Terms of Service were last updated on May 19, 2026 and supersede all previous versions. By engaging Skanda AI Solutions Private Limited, you acknowledge that you have read, understood, and agree to these Terms.