Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you, your organization, campaign, political entity, institution, agency, contractor, consultant, authorized user, or representative (“you”, “Customer”, or “User”) and NetaSampark Technologies Private Limited (“NetaSampark”, “Company”, “we”, “our”, or “us”) governing access to and use of the NetaSampark platform, websites, applications, APIs, analytics systems, communication infrastructure, dashboards, software modules, campaign intelligence tools, AI systems, election analytics engines, and all associated services (collectively, the “Platform” or “Services”).

By accessing, browsing, registering for, purchasing, using, integrating with, or otherwise interacting with the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, and any supplemental agreements or order forms.

1. Definitions

For purposes of these Terms:

• “Platform” means all NetaSampark software, applications, APIs, dashboards, analytics engines, AI systems, communication infrastructure, websites, databases, modules, integrations, and hosted services.
• “Customer Data” means all information, records, datasets, voter information, campaign information, contact records, survey responses, communications, uploads, documents, and materials submitted or processed by users.
• “Analytics Data” means aggregated, anonymized, statistical, behavioral, technical, and operational data generated through platform usage.
• “AI Features” means predictive systems, recommendation engines, machine-learning systems, classification systems, automated insights, segmentation systems, and related technologies.
• “Authorized Users” means individuals permitted by a Customer to access the Platform under its account.
• “Beta Services” means experimental, preview, testing, limited-release, or pre-production features.
• “Third-Party Services” means external providers, telecom operators, messaging providers, cloud providers, payment processors, analytics tools, or integrations not owned by NetaSampark.

2. Acceptance of Terms

By using the Platform, you represent and warrant that:

• You are legally capable of entering into binding agreements;
• You are at least 18 years old or the age of majority in your jurisdiction;
• You are authorized to bind any organization you represent;
• Your use complies with all applicable laws and regulations;
• You are not prohibited from using the Services under applicable law.

If you do not agree to these Terms, you must immediately discontinue use of the Platform.

3. Nature of the Platform

NetaSampark is a technology platform that provides election analytics, campaign intelligence, communication systems, political outreach tools, workflow automation, analytics dashboards, data visualization systems, AI-assisted operational tools, and related infrastructure.

NetaSampark is not:

• A political party;
• A government authority;
• An election commission;
• A legal advisor;
• A campaign strategist acting on behalf of users;
• A guarantor of political, electoral, or campaign outcomes.

All analytics, recommendations, predictions, projections, voter segmentation outputs, behavioral classifications, survey interpretations, constituency models, AI-generated insights, comparative analysis, and campaign intelligence outputs are informational, probabilistic, and technology-assisted estimates only.

NetaSampark does not guarantee:

• Election victories;
• Campaign success;
• Voter conversion;
• Political outcomes;
• Public sentiment changes;
• Constituency influence;
• Accuracy of predictive models;
• Behavioral forecasting reliability;
• Survey correctness;
• Political effectiveness.

4. Eligibility and Account Responsibilities

You are solely responsible for:

• Maintaining account confidentiality;
• Securing usernames, passwords, API keys, and credentials;
• Managing access permissions;
• Activities conducted through your account;
• Actions of your Authorized Users;
• Immediately reporting unauthorized access or security incidents.

Sharing accounts, credentials, tokens, or unauthorized sublicensing of platform access is prohibited unless expressly approved in writing.

5. Acceptable Use Policy

You agree not to use the Platform for:

• Violating election laws or campaign regulations;
• Unlawful political influence operations;
• Harassment, intimidation, or coercion;
• Spreading misinformation or disinformation;
• Voter suppression activities;
• Hate speech or unlawful discrimination;
• Unauthorized surveillance;
• Biometric misuse;
• Unlawful profiling activities;
• Malware distribution;
• Credential attacks or phishing;
• Reverse engineering;
• Security testing without authorization;
• API abuse or excessive requests;
• Automated scraping or extraction;
• Spam or unsolicited communications;
• Impersonation or identity fraud;
• Unauthorized access attempts;
• Data harvesting activities;
• Illegal telecom messaging practices.

We reserve the right to monitor activity, preserve logs, investigate suspected violations, cooperate with law enforcement, suspend access, remove data, or terminate accounts without notice where reasonably necessary for security, compliance, operational, or legal purposes.

6. Election Law & Political Compliance

You are solely responsible for ensuring that your use of the Platform complies with:

• Election Commission regulations;
• Campaign finance laws;
• Political advertising regulations;
• Telecom and messaging regulations;
• Privacy laws;
• Consent requirements;
• Data protection laws;
• State and national election rules;
• WhatsApp, SMS, and telecom provider policies;
• Applicable international laws.

NetaSampark does not provide legal advice and does not certify, guarantee, or represent that any campaign, communication, strategy, or use of the Platform complies with applicable law.

7. Customer Data Ownership

Customers retain ownership of Customer Data uploaded or submitted to the Platform.

You grant NetaSampark a worldwide, non-exclusive, royalty-free license to host, process, analyze, transmit, backup, index, reproduce, and display Customer Data solely for purposes of:

• Providing Services;
• Security monitoring;
• Fraud prevention;
• Analytics processing;
• Machine-learning operations;
• Platform optimization;
• Operational maintenance;
• Regulatory compliance;
• Technical support.

NetaSampark may generate anonymized and aggregated Analytics Data which shall remain the exclusive property of NetaSampark.

8. Privacy & Security

We implement commercially reasonable safeguards intended to protect Platform integrity. However, no system, network, cloud infrastructure, communication channel, or internet transmission can be guaranteed fully secure.

Users acknowledge and accept inherent cybersecurity, telecom, cloud, and internet-related risks.

Customers are responsible for:

• Endpoint security;
• Device protection;
• User access management;
• Internal operational security;
• Secure handling of exported data;
• Compliance obligations applicable to their operations.

9. AI & Analytics Disclaimer

AI-generated insights, predictions, classifications, behavioral analytics, segmentation outputs, recommendations, and automated interpretations may contain inaccuracies, incomplete information, biases, estimation errors, statistical limitations, or unintended outputs.

Users must independently verify outputs before making political, operational, financial, legal, strategic, or campaign decisions.

NetaSampark disclaims all liability arising from reliance upon:

• Predictive analytics;
• Survey interpretations;
• Electoral projections;
• Constituency analysis;
• AI-generated outputs;
• Behavioral models;
• Campaign recommendations;
• Automated insights.

10. Communications & Messaging Compliance

Users are solely responsible for:

• Obtaining communication consent;
• Managing opt-outs;
• DND compliance;
• Telecom compliance;
• WhatsApp policy compliance;
• SMS legality;
• Campaign messaging legality;
• Content legality.

NetaSampark is not responsible for:

• Carrier filtering;
• Telecom outages;
• Message delivery failures;
• Spam classification;
• Third-party messaging restrictions;
• Messaging delays.

11. Intellectual Property Rights

All rights, title, and interest in the Platform, including software, APIs, workflows, UI/UX, analytics engines, AI systems, dashboards, algorithms, models, reports, designs, documentation, trademarks, visual assets, source code, databases, architecture, prompts, and proprietary methodologies remain exclusively owned by NetaSampark or its licensors.

You may not:

• Copy or reproduce the Platform;
• Reverse engineer systems;
• Create derivative works;
• Resell or sublicense access;
• Use the Platform for competitor benchmarking;
• Extract AI models or prompts;
• Replicate features or workflows;
• Misappropriate proprietary technology.

12. API & Automation Restrictions

Unauthorized automation, scraping, excessive API usage, load testing, vulnerability scanning, bot operations, or abusive requests are prohibited.

We reserve the right to:

• Rate limit requests;
• Suspend API access;
• Block IPs;
• Restrict integrations;
• Terminate abusive accounts.

13. Confidentiality

Confidential Information includes non-public technical, operational, business, campaign, strategic, pricing, analytical, and security-related information.

Parties agree to protect Confidential Information using reasonable safeguards and not disclose such information except where legally required.

14. Beta Services

Beta Services may be incomplete, unstable, interrupted, modified, or discontinued at any time.

Beta Services are provided strictly “as is” without warranties, guarantees, support commitments, uptime commitments, or data preservation guarantees.

15. Third-Party Services

The Platform may depend upon or integrate with third-party providers, including cloud providers, telecom operators, messaging services, analytics vendors, hosting infrastructure, payment gateways, and external APIs.

NetaSampark is not responsible for outages, failures, restrictions, suspensions, delays, or actions of third-party providers.

16. Service Availability

We do not guarantee uninterrupted, error-free, secure, or continuously available services.

The Platform may experience:

• Maintenance downtime;
• Emergency outages;
• Cloud disruptions;
• Infrastructure failures;
• Security incidents;
• Performance degradation;
• Unexpected interruptions.

17. Suspension & Termination

NetaSampark may suspend or terminate access immediately, without liability or prior notice, for reasons including:

• Security risks;
• Legal or regulatory concerns;
• Violation of Terms;
• Abusive activity;
• Fraud indicators;
• Operational risks;
• Government requests;
• Non-payment;
• Platform misuse.

18. Fees & Payments

Certain Services may require payment. Fees, billing terms, taxes, subscription structures, renewal terms, and payment obligations may be specified separately.

Unless otherwise stated:

• Fees are non-refundable;
• Taxes are additional;
• Late payments may result in suspension;
• Pricing may change prospectively.

19. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

NETASAMPARK DISCLAIMS ALL WARRANTIES INCLUDING:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY;
• AVAILABILITY;
• RELIABILITY;
• COMPATIBILITY;
• SECURITY;
• ELECTORAL EFFECTIVENESS;
• CAMPAIGN SUCCESS.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETASAMPARK SHALL NOT BE LIABLE FOR:

• Indirect damages;
• Incidental damages;
• Consequential damages;
• Loss of profits;
• Loss of campaign opportunities;
• Election losses;
• Political losses;
• Data loss;
• Business interruption;
• Reputational harm;
• Loss of goodwill;
• Strategic losses.

NetaSampark’s aggregate liability arising out of or related to the Platform shall not exceed the total amount paid by the Customer to NetaSampark during the twelve (12) months preceding the event giving rise to liability.

21. Indemnification

You agree to defend, indemnify, and hold harmless NetaSampark, its directors, employees, affiliates, contractors, licensors, and partners from claims, penalties, liabilities, damages, losses, costs, and expenses arising from:

• Your use of the Platform;
• Violation of law;
• Election law violations;
• Campaign-related disputes;
• Privacy violations;
• Telecom violations;
• Data misuse;
• Intellectual property claims;
• User-generated content;
• Regulatory investigations.

22. Force Majeure

NetaSampark shall not be liable for delays or failures caused by:

• Natural disasters;
• Internet outages;
• Cyberattacks;
• Cloud provider failures;
• Government actions;
• Telecom disruptions;
• Political unrest;
• War;
• Riots;
• Pandemics;
• Infrastructure failures.

23. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India.

Courts located in Bengaluru, Karnataka, India shall have exclusive jurisdiction over disputes arising under these Terms.

24. Export & Sanctions Compliance

Users may not use the Platform in violation of export laws, sanctions regulations, or trade restrictions applicable under Indian or international law.

25. Changes to Services & Terms

NetaSampark may modify, suspend, discontinue, update, or replace any feature, functionality, pricing structure, workflow, interface, or policy at any time.

Continued use following updates constitutes acceptance of revised Terms.

26. Severability

If any provision of these Terms is found unenforceable, remaining provisions shall continue in full force and effect.

27. Assignment

NetaSampark may assign or transfer these Terms in connection with mergers, acquisitions, restructuring, financing, or asset transfers.

28. Survival

Clauses relating to confidentiality, intellectual property, indemnification, disclaimers, limitations of liability, dispute resolution, and data rights shall survive termination.

29. Entire Agreement

These Terms constitute the complete and exclusive agreement between the parties relating to the Platform and supersede prior agreements, understandings, communications, or representations.

30. Contact Information

For legal, compliance, or grievance-related matters: