Terms of service

These terms of service ("Terms") govern your access to and use of Retainx, operated by 123 Innovations Private Limited ("Retainx", "we", "us"). By creating an account or using the service you agree to these Terms. If you are accepting on behalf of a business, you confirm you are authorised to bind that business.

1. The service

Retainx is a loyalty as a service platform for SMB merchants. It auto-enrols customers from UPI payments, runs WhatsApp loyalty programs, generates AI personalised messages, and reports on retention. The service is provided on a software as a service basis. There is no physical product and no shipment.

2. Accounts and eligibility

• You must be at least 18 and operate a lawful business registered or operating in India.
• You are responsible for the accuracy of your account, GST, and PAN details.
• You are responsible for all activity under your account and for keeping credentials secure. We recommend enabling multi factor authentication.

3. Your responsibilities as a merchant

You are the data fiduciary for your customers. You agree that:

• You have a lawful basis and any required consent to enrol a customer and to message them over WhatsApp, SMS, or email.
• You will honour the rewards and offers you configure and that Retainx sends on your behalf.
• You will comply with WhatsApp Business and Gupshup messaging policies, the Telecom Commercial Communications Customer Preference Regulations, and all applicable law.
• You will not use Retainx to send spam, deceptive offers, or content prohibited by section 4.

4. Prohibited uses

• Sending unsolicited bulk messages or harassing communications.
• Uploading customer data you have no right to use.
• Promoting illegal goods or services, gambling where prohibited, or adult content.
• Reverse engineering, scraping, or attempting to breach the security of the service.
• Reselling or sublicensing the service without our written permission.

5. Fees, billing, and GST

• Paid plans are billed in Indian Rupees through Razorpay. Prices are shown on the pricing page, exclusive of GST. GST at the applicable rate (currently 18%) is added at checkout.
• Monthly plans renew monthly. Annual plans renew yearly. You authorise recurring charges through Razorpay until you cancel.
• Failed payments are retried per Razorpay policy. After repeated failures the account may be suspended (see our cancellation policy).
• One time charges such as custom WhatsApp template development and setup fees are billed separately and are non refundable once delivered.

6. Refunds and cancellation

Refunds are governed by our refund policy and cancellation is governed by our cancellation policy, both incorporated into these Terms by reference. In summary: monthly plans are not refundable after the billing date except for documented Retainx downtime over 24 hours; annual plans are refundable pro rata within 30 days of activation minus a Rs 500 processing fee.

7. Third party services

Retainx relies on Razorpay, Gupshup, AiSensy, MSG91, Anthropic, Resend, and Hostinger. Your use of features that depend on them is also subject to their terms. We are not liable for outages or actions of these third parties beyond our reasonable control.

8. Intellectual property

Retainx, its software, design, and brand are owned by us. You retain ownership of your business data and customer data. You grant us a limited licence to process that data solely to provide the service. AI generated message drafts are provided for your use; you are responsible for what you choose to send.

9. Service levels and availability

We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be notified where practical. Our liability for downtime is limited as set out below and in the refund policy.

10. Disclaimers

The service is provided "as is" and "as available". We do not warrant any specific business outcome, sales increase, or retention rate. Statistics on this website are illustrative and based on aggregate or sample data unless stated otherwise.

11. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or relating to the service in any 12 month period is limited to the fees you paid to us in that period. We are not liable for indirect, incidental, or consequential damages, or for lost profits or goodwill.

12. Indemnification

You agree to indemnify and hold us harmless from claims arising out of your breach of these Terms, your misuse of the service, or your handling of customer data in violation of law.

13. Suspension and termination

We may suspend or terminate access for breach of these Terms, non payment, or unlawful use. You may cancel at any time from the dashboard. On termination you have a 30 day window to export your data, after which it is deleted in line with our privacy policy.

14. Governing law and dispute resolution

These Terms are governed by the laws of India. The courts of Bengaluru, Karnataka have exclusive jurisdiction, subject to the arbitration clause below.

Arbitration

Any dispute that cannot be resolved amicably within 30 days will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration is Bengaluru and the language is English.

15. Changes to these Terms

We may update these Terms. Material changes will be notified by email and in the dashboard. Continued use after changes take effect constitutes acceptance.