Terms of service

Draft: to be checked by Lingsaa's lawyer before the first client. Written in plain English by Lingsaa's product team so that a lawyer can check it. Every point marked [lawyer to confirm] is an assumption to check. Lingsaa's own details marked [to be filled by Lingsaa] are never guessed.

1. Who these terms are between

1.1 These terms are an agreement between Lingsaa ([legal name, registered address and CIN to be filled by Lingsaa]) and the organization that signs up for the service (called "you" here). The person who signs up confirms that they may agree for the organization.

1.2 You agree by ticking "I agree" when you sign up, or when your organization's main admin accepts a new version in the CCC. A contract made this way is valid (IT Act, s.10A; Contract Act, s.10). The CCC keeps a record of who agreed, for which organization, to which version, when and from which internet address. That record is never changed or deleted (see section 13).

1.3 These terms include, as part of them: the Refund and Cancellation Policy, the Service Level Agreement (SLA), the Acceptable Use Policy and the Data Processing Terms. The Privacy Policy explains how Lingsaa handles personal data for its own purposes.

1.4 A big customer may sign an order form. Where the order form and these terms differ, the order form wins for that customer.

2. The service

2.1 The service is Lingsaa CCC (the Command and Control Center) and the Lingsaa apps and modules your plan includes, on the web and on phones, together with the Lingsaa Edge software for your devices where your plan includes it.

2.2 Lingsaa runs the service on its own hosting in India (see the Data Processing Terms for where your data is kept). You need an internet connection and a current web browser. Devices at your site (cameras, door controllers, attendance machines) connect through Lingsaa Edge on your own network; their purchase, power and network are yours.

2.3 Some features use outside services, such as WhatsApp (Meta), SMS operators, email delivery, payment gateways, India's GST system and AI providers. They work only as well as those services do, and they may have their own terms. Features that cost money to use (such as messages, calls and AI) are paid from your wallet (section 5).

2.4 Lingsaa may improve and change the service. Lingsaa will not remove a main feature of a plan you have paid for during the period you have paid for, unless a law or an outside provider forces it; if that happens, Lingsaa tells you and refunds the part you can no longer use (Refund and Cancellation Policy).

3. Your account and your admins

3.1 You name at least one main admin (Client Super Admin). Your admins add your people, give them roles and rights, and set your security rules (two-step sign-in, where people may sign in from, downloads).

3.2 You are responsible for what is done under your organization's accounts, for keeping passwords and devices safe, and for switching off people who leave. Tell Lingsaa at once through Help if you think an account has been misused.

3.3 Lingsaa's staff have no standing access to your records. They see your records only when your admin grants support access (one named person, a stated reason, at most 24 hours, look-only unless your admin allows changes), and every use is in your audit trail.

4. The free trial

4.1 A new organization gets a free trial of 8 days (Lingsaa may offer a different number of days on the sign-up page, and that number applies). No card is needed to start.

4.2 During the trial your organization may receive trial credit in its wallet, to try paid usage such as messages. Trial credit has no cash value: it is never refunded or paid out, and what is left ends when you start paying.

4.3 When the trial ends without payment, the service becomes view-only: you can sign in, see and export your data, but not change anything, until you choose a plan and pay. Your data is not deleted because a trial ended (deletion is described in section 11).

5. Plans, prices, invoices and the wallet

5.1 Plans. You choose the modules and quantities (for example logins, sites, devices) on the pricing page or under Plan & billing. The price is the price list's price on the day you pay, monthly or yearly as you choose. Prices do not include GST; GST is added at the rate in force (CGST Act).

5.2 Invoices. Lingsaa issues a GST tax invoice for each payment (CGST Act, s.31), in your organization's name and GSTIN as you give them. You are responsible for giving a correct GSTIN and address.

5.3 Paying. You pay in advance for each period through the payment gateways the CCC offers. You may switch on AutoPay; you can cancel AutoPay at any time under Plan & billing. A change of plan in the middle of a period is priced for the days left, as the CCC's quote shows before you pay.

5.4 The wallet. Usage that costs Lingsaa money (WhatsApp and SMS messages, calls, AI and similar) is charged from your organization's prepaid wallet at the usage prices shown in the CCC. You recharge the wallet in advance. You may set daily limits. When the wallet cannot pay, that usage stops, except usage needed for safety and for signing in (sign-in codes, invitations, critical alarms), which always goes through and is recorded as owed, to come off your next recharge first.

5.5 Late payment. If a period ends unpaid, your organization has the grace days shown in the CCC, and then the service becomes view-only until you pay. Nothing is deleted because of late payment alone, except as section 11 describes after the subscription has ended.

5.6 Price changes. Lingsaa may change prices for future periods. A change does not affect a period you have already paid for. Lingsaa shows new prices in the CCC before your next renewal.

5.7 Taxes withheld. If you must deduct tax at source from a payment to Lingsaa, you give Lingsaa the certificate on time so that Lingsaa can claim it. [lawyer to confirm: TDS wording for software subscriptions]

6. Your data

6.1 Your data is yours. Everything your organization and its people put into the service, and the records the service makes for you, belong to you. Lingsaa uses it only to provide, secure and support the service for you, as the Data Processing Terms set out. Lingsaa does not sell it, does not use it for advertising and does not train AI models on it.

6.2 Export at any time. Your main admin can download a full export of your organization's records at any time (Privacy requests, "Your data, any time").

6.3 Personal data. For the personal data of your people, visitors, customers and others, you are the Data Fiduciary and Lingsaa is your Data Processor (DPDP Act, s.2(i) and s.2(k); s.8(2)). The Data Processing Terms are the contract that s.8(2) requires. You are responsible for giving your people the notices and getting the consents the law asks of you (DPDP Act, s.5 and s.6).

6.4 Security. Lingsaa keeps the safeguards described in the Data Processing Terms and on the Trust centre, including encryption, access control, logs and daily backups that are restored and checked every day.

7. Lingsaa's property

7.1 The service, its software, designs and documentation belong to Lingsaa (or its licensors). You get a right to use the service for your organization's own purposes while your subscription runs. You may not copy, resell, or try to take apart the service, except as the law allows.

7.2 If you send ideas or suggestions, Lingsaa may use them without paying for them; your own data stays yours.

8. Using the service properly

8.1 You and your people use the service as the Acceptable Use Policy allows. You are responsible for your people's use.

8.2 If you use the service to watch or record people (cameras, attendance, computer monitoring, location), you decide whether and how to do so lawfully, and you tell the people affected as the law requires. [lawyer to confirm: labour and privacy notices for workplace monitoring]

9. Confidentiality

9.1 Each side keeps the other's confidential information secret and uses it only for this agreement. This does not cover information that is public, that the receiver already had lawfully, or that a law or a court requires to be disclosed (with notice to the other side where the law allows).

10. Suspension

10.1 Lingsaa may suspend all or part of the service for your organization, with notice in the CCC and by email to your admins, when: the subscription is unpaid after the grace days (the service becomes view-only, not cut off); the service is being used in serious breach of the Acceptable Use Policy; there is an urgent security risk to you, to other customers or to the service; or a law, a court or a government authority requires it.

10.2 Lingsaa suspends only what is needed and only for as long as needed, and tells you why unless the law forbids it. The CCC never blocks or switches off life-safety equipment, suspended or not: it never controls fire alarms or other life-safety equipment, and doors follow their own fire-alarm release, wired at the site. Acknowledging alarms keeps working while the service is view-only. [lawyer to confirm]

11. Ending the agreement, and what happens to your data

11.1 You may cancel at any time under Plan & billing or by asking through Help. The service runs to the end of the period you have paid for; refunds are as the Refund and Cancellation Policy says.

11.2 Lingsaa may end the agreement with 30 days' notice for any reason, refunding the unused part of any prepaid period; or at once if you seriously breach these terms and do not fix it within 15 days of being told (or at once where it cannot be fixed). [lawyer to confirm]

11.3 When a subscription has ended, the organization becomes "leaving": for 30 days only its main admins can sign in, everything is read-only, and the full export stays available. After those 30 days, two different Lingsaa people (one asks, the other approves) delete the organization's records from the live systems, unless a legal hold or an unsettled wallet stops it. Lingsaa issues a deletion certificate. Copies in backups age out within 12 months on their normal cycle and are not restored except to recover the service as a whole.

11.4 What the law makes Lingsaa keep after deletion is listed on the certificate: Lingsaa's tax invoices to you and the buyer's details on them (CGST Act, s.36; Companies Act 2013, s.128(5)), the wallet's ledger and refunds, the audit trail, the record of the deletion, and the record of your acceptance of these terms. [lawyer to confirm each period]

11.5 Sections 6.1, 7, 9, 12, 13, 14 and 15 continue after the agreement ends.

12. Liability

12.1 Lingsaa provides the service with reasonable skill and care, as the SLA describes. Apart from what these terms say, the service is provided as it is, and Lingsaa does not promise it will be free of every error or interruption.

12.2 Limit. Each side's total liability under this agreement in any 12 months is limited to the fees you paid Lingsaa for the service in the 12 months before the event that caused the claim. [lawyer to confirm]

12.3 Not covered. Neither side is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill. [lawyer to confirm]

12.4 Not limited. These limits do not apply to: your payment of fees; either side's breach of confidentiality; a party's fraud; or anything the law does not allow to be limited. [lawyer to confirm whether a separate, higher cap should apply to a breach of the Data Processing Terms]

12.5 Service credits under the SLA are your main remedy for the service being unavailable.

12.6 Outside services. Lingsaa is not liable for the failure of outside services it does not control (section 2.3), or of your own devices, network or internet, or of devices at your sites.

12.7 Penalties under the DPDP Act fall on the Data Fiduciary (DPDP Act, s.33 and its Schedule). Each side bears the consequences of its own breach. [lawyer to confirm: indemnities between the parties]

13. The acceptance record

13.1 The record of each acceptance (who, which organization, which document and which version, when, from which internet address, at sign-up or after a change) is kept as the contract record. It is never edited, and it is not deleted when the person leaves your organization, when a person's data is erased at their request (it keeps their name, email and internet address as they were, as the contract's evidence), or when your organization's data is deleted after it leaves. It is kept 8 years from the day it was given, and the version in force for a client until 8 years after its agreement ends; then the CCC removes it by itself. [lawyer to confirm: the Limitation Act's 3 years for a contract claim (Schedule, Article 55) and the 8 years the invoices are kept are the reasons used]

13.2 Lingsaa's staff can see this record (who accepted which version) to show what was agreed.

14. Changes to these terms

14.1 Lingsaa may publish a new version of these terms or of the documents in section 1.3. Each version has its own number and effective date, shown at the top of the document on Lingsaa's website.

14.2 From the effective date, your organization's main admins see a notice in the CCC, once, with a summary of what changed, and are asked to accept. Until one of them accepts, only new paid upgrades wait (a plan change or a payment that adds a module, an add-on or more of anything); everything else keeps working as before, for everyone: safety and alarms, devices, people, the wallet, renewing the same plan, exports and privacy requests.

14.3 If you do not accept a new version, you may cancel instead. If you cancel within 30 days of the notice because of a change that reduces your rights, Lingsaa refunds the unused part of your prepaid period. [lawyer to confirm]

14.4 A customer with a signed order form is told of changes in writing as the order form says; the CCC does not ask its admins to accept.

15. Law and disputes

15.1 These terms are governed by the laws of India.

15.2 The sides first try to settle a dispute by talking in good faith for 30 days. If that fails, the dispute goes to arbitration by a sole arbitrator under the Arbitration Act, seated at [city to be filled by Lingsaa], in English. Subject to that, the courts at [city to be filled by Lingsaa] have jurisdiction. [lawyer to confirm]

16. General

16.1 Notices. Lingsaa sends notices to your admins in the CCC and by email to their sign-in addresses. You send notices to Lingsaa at [legal notices email to be filled by Lingsaa] or its registered address.

16.2 Grievances. Questions or complaints about these terms or the service go through Help in the CCC. Lingsaa's grievance officer is [name, email and phone to be filled by Lingsaa].

16.3 Force majeure. Neither side is liable for delay or failure caused by events beyond its reasonable control (such as natural disasters, war, government orders, or failures of the internet or power grid), provided it tells the other side and does what it reasonably can to limit the effects.

16.4 Transfer. You may not transfer this agreement without Lingsaa's written consent. Lingsaa may transfer it to a company that takes over its business, and will tell you.

16.5 Whole agreement. These terms, the documents in section 1.3 and any order form are the whole agreement about the service. If a part of them is found invalid, the rest stays in force.

16.6 Language. These terms are written in English. A translation is for help only; the English text applies.

Sources