Terms and Conditions

1. This agreement

These Terms and Conditions are an agreement between M361 Tech Services Private Limited (“we”, “us”, “our”), a company incorporated in India with CIN [CIN] and its registered office at [REGISTERED OFFICE ADDRESS, CITY, STATE, PIN CODE], India, and the organisation on whose behalf a m361 workspace is created (“you”, “your”).

They apply the moment you create an account, use the service, or agree to them on a signature page. If you are accepting on behalf of a company, you confirm you are authorised to bind it, and “you” means that company. If you have signed a separate written agreement with us, that agreement prevails wherever it differs from these terms.

Our Privacy Policy forms part of this agreement and explains how personal data is handled.

2. What the defined words mean

• Service — the m361 web application, its API, the tracking script, the background processing that supports them and anything else we make available under this agreement.
• Workspace — one tenant of the Service, holding your data and your members. Your plan and its limits attach to a workspace, not to a person.
• Member — anyone you invite into your workspace, or who accesses it with credentials you or they control.
• Your Data — everything you or your Members put into, generate in, or connect to the Service: contacts, leads, events, drafts, media, campaign records and connected-account data.
• Output — content produced by an AI model in response to a request made from your workspace.

3. Your account and your workspace

You must be at least 18 and capable of contracting under the Indian Contract Act, 1872. Accounts are for organisations, not for children.

You are responsible for everything done in your workspace, whether by you, a Member, or anyone using credentials or an API key issued from it. Keep credentials secret, remove Members who leave, and revoke keys you no longer use. Tell us at security@m361.in as soon as you suspect unauthorised access.

Accounts are per person. Sharing one login between several people is not permitted, because a seat limit that can be shared is not a limit and an audit trail that names the wrong person is worse than none.

4. Plans, fees, taxes and cancellation

• Fees. Plan prices are quoted in Indian Rupees and charged monthly in advance through Razorpay, unless we agree something else in writing. Fees are exclusive of GST and any other applicable tax, which is added at the prevailing rate.
• Renewal. A paid subscription renews automatically at the end of each billing period until it is cancelled. You can cancel at any time from the billing screen; cancellation takes effect at the end of the period you have already paid for, and the workspace drops to the free plan then rather than immediately.
• Refunds. Fees already paid are not refundable, including for a period you did not use the Service in. We will refund a payment we took in error, and we will refund the unused remainder of a period if we terminate your workspace for a reason other than your breach of this agreement.
• Limits. Each plan carries limits on Members, contacts and AI credits. We will tell you in the application as you approach one. Exceeding a limit may block the action that exceeds it, but we will not delete your data for being over a limit.
• Non-payment. If a payment fails we will retry and tell you. If it stays unpaid we may suspend the workspace after reasonable notice, and treat it as closed after 30 days.
• Price changes. We may change plan prices with at least 30 days’ notice before the change takes effect for you. If you do not accept the new price, cancel before it applies.

5. AI credits and your provider keys

m361 does not resell model capacity. You supply your own API key for Anthropic, OpenAI or Google, the calls your workspace makes are billed to your account with that provider, and the “AI credits” on your plan measure the model spend we will let a workspace incur in a month before asking you to move up a plan.

Keep those keys valid and funded; a feature that needs one will simply stop working without it, and that is not a defect in the Service. You are responsible for what your provider charges you, for complying with their terms and usage policies, and for any consequence of a key you leaked. We encrypt the keys you give us and use them only to make the calls your workspace requests.

6. Your data stays yours

You own Your Data. Nothing in this agreement transfers it to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, index, display and process it strictly to provide and support the Service, and for no other purpose.

You are responsible for Your Data being lawful. In particular you confirm that you have a lawful basis and, where required, valid consent for every contact you upload or collect, that you have given those people the privacy notice their law entitles them to, and that you have the rights to any content, image or creative asset you store or publish through the Service.

You can export Your Data using the export features in the Service, and we will provide a complete machine- readable export within 30 days of a written request while your workspace is open. On termination we retain Your Data for 30 days so that you can take it with you, then delete it as described in our Privacy Policy.

We may compute aggregated, de-identified statistics across workspaces to improve the product and to publish benchmarks. Those are only ever published above a minimum sample size, and never in a form from which your workspace, your customers or your figures can be identified.

7. Acceptable use

You will not use the Service to:

• send unsolicited bulk messages, or contact anyone who has withdrawn consent or unsubscribed;
• upload a contact list you bought, scraped or otherwise obtained without the consent or lawful basis this agreement requires;
• publish content that is unlawful, defamatory, obscene, infringing, or that is prohibited under the Information Technology Act, 2000 and the rules made under it;
• make a claim in an advertisement or landing page that you cannot substantiate, or that breaches advertising, consumer-protection or education-sector regulation;
• impersonate another person or organisation, or misrepresent who a message is from;
• break the terms of any platform you connect, including their rate limits, automation rules and content policies;
• probe, scrape or overload the Service, circumvent its limits, or reverse engineer it except where the law says you may;
• resell, sublicense or provide the Service to a third party as your own, except that an agency may operate workspaces for its clients on a plan that permits it; or
• use it to build a competing product.

If your use threatens the Service or another customer — a runaway integration, a spam complaint, a compromised key — we may throttle or suspend the offending activity immediately and tell you why. We will restore access as soon as the cause is fixed.

8. Sending email, SMS and other messages

You are the sender of every message the Service sends on your instruction. We provide the pipe; the obligations of a sender are yours.

• Consent. Only message people who have consented or who you have another lawful basis to contact, and honour a withdrawal promptly. The consent flags on a contact are yours to set truthfully.
• Email. Every campaign must identify you and carry a working unsubscribe mechanism.
• SMS in India. Commercial SMS is governed by TRAI’s Telecom Commercial Communications Customer Preference Regulations. You must have your own DLT registration, an approved sender ID and an approved template, and you must supply the template identifier in the Service before sending. We cannot send on your behalf without them and are not responsible for a message a telecom operator scrubs.
• WhatsApp and social messaging. Meta’s policies apply on top of this agreement, including its rules on template approval, opt-in and messaging windows.
• Do-not-disturb and quiet hours. Where local law restricts the hours during which commercial messages may be sent, scheduling within those hours is your responsibility.

9. The tracking script on your website

If you install the m361 script, you decide what it records and you are the controller or Data Fiduciary for everything it collects. Before you install it you must publish a privacy notice on that site describing the tracking, and obtain any consent the law where your visitors are requires — including cookie and tracking consent under the ePrivacy rules in the EU and the UK.

Do not use the script, or its identity-stitching features, to track people under 18. India’s DPDP Act prohibits behavioural monitoring and targeted advertising directed at children, and we have no way of knowing the age of a visitor on your site.

Keys are issued per site so that a single site can be cut off without silencing the rest. Keep them to the sites you named them for.

10. Connected platforms and third-party services

The Service connects to platforms we do not control — Meta, Google, YouTube, X, LinkedIn, advertising accounts, payment and messaging providers, search-data and social-listening providers. When you connect one, you authorise us to exchange data with it on your behalf, and your relationship with that platform is governed by its own terms.

Those platforms change their APIs, their pricing, their policies and their willingness to serve a given application, usually without asking us. A feature that depends on one may degrade or disappear at short notice. We will tell you when we know, and we will not treat such a change as a breach of this agreement by either of us. Where a data source is an unofficial or third-party provider rather than the platform’s own API, it may be less reliable, and we make no promise about its continuity.

11. AI-generated output

As between you and us, Output belongs to you, subject to the terms of the model provider whose key produced it. We claim no rights in it.

Output is generated by a statistical model. It can be inaccurate, out of date, biased, or similar to something the model has seen before. Nothing produced by the Service — a draft, a score, a benchmark, an E-E-A-T reading, a lead score, a recommendation on the insights screen — is professional, legal, financial, medical or educational advice, and none of it is a guarantee of a marketing result, a search ranking or an enrolment.

You must review Output before it is published, sent or acted upon. Where the Output makes a claim about an examination, an outcome, a placement or a percentile, that review is not optional: such a claim is regulated in India, and it is your name on the advertisement. The brand guard and claims policy in the Service are aids to that review, not a substitute for it, and passing them is not approval by us.

12. API access and fair use

Public API keys are issued from your workspace, carry the scopes you select and are rate limited. Treat a key as a credential: it is displayed once, we store only a hash of it, and we cannot recover it for you. Revoke a key you no longer need.

We may change the API with reasonable notice and will avoid breaking changes where we can. Automated use must respect the published limits; we may throttle traffic that threatens the platform’s stability for everyone else.

13. Availability, support and changes to the Service

We aim to keep the Service available and will give advance notice of planned maintenance where we reasonably can. We do not offer a service level commitment unless one is written into a separate agreement signed by us, and the free plan carries no availability or support commitment at all.

Support is provided by email at hello@m361.in during Indian business hours.

The Service evolves. We may add, change or remove features. If we remove or materially reduce a feature you are paying for, we will give you at least 30 days’ notice and, if you tell us the change makes the Service unfit for your purpose, refund the unused remainder of your current period on cancellation. Features marked beta, preview or experimental may change or be withdrawn without that notice and are provided as-is.

14. Our intellectual property

The Service, its software, design, documentation and the m361 name and marks are ours and remain ours. You get a non-exclusive, non-transferable right to use the Service during the term, for your own business purposes, in accordance with this agreement. Feedback you send us we may use freely and without obligation, which is the only way a suggestion can be acted on quickly; it never gives us any right in Your Data.

15. Confidentiality

Each of us may learn things about the other that are not public — Your Data and your commercial figures on our side, our non-public technical and pricing information on yours. Each will use the other’s confidential information only to perform this agreement, protect it with at least reasonable care, and disclose it only to people who need it and are under equivalent obligations. This does not apply to information that is public through no fault of the receiver, was already known, or is independently developed, and it does not prevent a disclosure the law compels — with notice to the other party where that notice is lawful.

16. Term, suspension and termination

This agreement runs for as long as your workspace exists. You may close it at any time. We may terminate or suspend it if you materially breach this agreement and do not fix the breach within 15 days of our written notice, if you do not pay, or immediately where the breach is unlawful use, a security threat, or something that puts us or another customer at risk.

On termination your right to use the Service stops, fees accrued up to that date remain payable, and Your Data is retained for 30 days for export and then deleted. The clauses on your data, intellectual property, confidentiality, disclaimers, liability, indemnity and governing law survive it.

17. Disclaimer

Except as expressly stated in this agreement, the Service is provided “as is” and “as available”, and we disclaim all other warranties, whether express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows. We do not warrant that the Service will be uninterrupted or error-free, that a third-party platform will keep working, that Output will be accurate, or that using the Service will produce any particular commercial result.

18. Limitation of liability

Neither party is liable for indirect, incidental, special, punitive or consequential loss, or for lost profits, lost revenue, lost goodwill or lost or corrupted data, however caused, even if the possibility was known.

Each party’s total aggregate liability arising out of or relating to this agreement is limited to the fees you paid us in the twelve months immediately before the event giving rise to the claim. Where no fees have been paid — a free plan — that cap is ₹10,000.

Nothing here limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited. These limits apply to the greatest extent permitted by Indian law and reflect the price of the Service; without them, it would cost considerably more.

19. Indemnity

You will defend and indemnify us against claims, damages and reasonable costs arising from Your Data, from content you publish or messages you send through the Service, from your breach of acceptable use, the messaging clause or the tracking script clause, or from your infringement of a third party’s rights. We will tell you promptly about any such claim, let you control the defence of it, and cooperate reasonably at your expense. You may not settle a claim in a way that imposes an obligation or an admission on us without our consent.

20. Changes to these terms

We may update these terms. For a material change we will give at least 30 days’ notice by email or in the application before it takes effect, and the date at the top of this page will change. If you do not accept a change, cancel before it applies; continuing to use the Service after the effective date means you accept it. Changes required by law or to address a security risk may take effect immediately, and we will say so when we notify you.

21. Governing law and disputes

This agreement is governed by the laws of India, without regard to conflict-of-law rules. The courts at [CITY] have exclusive jurisdiction, and both parties submit to it.

Before starting proceedings, each of us will try in good faith for 30 days to resolve the dispute by discussion between people with authority to settle it. This does not prevent either party from seeking urgent interim relief from a court at any time.

22. General

• Entire agreement. These terms, the Privacy Policy and any order form or written agreement signed by us are the whole agreement, and replace anything said or written beforehand.
• Assignment. Neither party may assign this agreement without the other’s consent, except to a successor of substantially the whole of its business, on notice.
• Severability. If a provision is unenforceable, it is limited to the minimum extent necessary and the rest stands.
• Waiver. Not enforcing something once does not waive it.
• Force majeure. Neither party is liable for a failure caused by something outside its reasonable control, including the failure of a network, a hosting provider or a third-party platform.
• No partnership. Nothing here creates a partnership, joint venture, agency or employment relationship.
• Notices. Ours to you go to the email on your account or appear in the application; yours to us go to hello@m361.in and, where this agreement requires written notice, also to our registered office.
• Publicity. We will not use your name or logo as a customer reference without your written consent.

23. Contact and grievances

Questions about this agreement, and complaints under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, go to: