Terms of Service

Effective Date: June 6, 2026

These Terms of Service ("Terms") govern your access to and use of Emadesk, including our website, software, AI-powered support agents, live chat services, knowledge bases, APIs, integrations, and related services (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms.

1. Definitions

  • "Emadesk," "we," "our," or "us" means Emadesk, operated by Soumitra Dey.
  • "User," "you," or "your" means any individual or entity using the Services.
  • "Customer Content" means documents, files, text, data, prompts, messages, knowledge base content, and other materials submitted by users.
  • "AI Output" means responses, summaries, recommendations, or content generated through the Services.

2. Eligibility

You must be at least 13 years old to use the Services.

If you use the Services on behalf of a company or organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration

You agree to:

  • Provide accurate information.
  • Keep account credentials secure.
  • Maintain the confidentiality of your account.
  • Notify us immediately of unauthorized access.

You are responsible for all activities occurring under your account.

4. License to Use the Services

Subject to these Terms, Emadesk grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services.

No ownership rights are transferred to you.

5. Customer Content

You retain ownership of Customer Content.

By submitting Customer Content, you grant Emadesk a worldwide, non-exclusive license to host, process, store, index, reproduce, and display such content solely for the purpose of providing and improving the Services.

You represent and warrant that:

  • You own or have sufficient rights to all submitted content.
  • Your content does not violate any law.
  • Your content does not infringe intellectual property rights.
  • Your content does not contain malicious code or malware.

6. AI Services

The Services may use artificial intelligence technologies, including Google Gemini and related technologies.

AI-generated content may:

  • Contain inaccuracies.
  • Be incomplete.
  • Produce unexpected results.
  • Not reflect current information.

You are solely responsible for reviewing, verifying, and evaluating AI Output before relying upon it.

Emadesk does not guarantee the accuracy, completeness, reliability, or suitability of AI Output.

7. Prohibited Activities

You may not:

  • Violate applicable laws.
  • Engage in spam or unsolicited communications.
  • Harass, threaten, or abuse others.
  • Upload malware or malicious code.
  • Infringe copyrights, trademarks, or intellectual property rights.
  • Reverse engineer or attempt to discover source code.
  • Interfere with platform security.
  • Circumvent usage limits.
  • Abuse APIs or system resources.
  • Use the Services for fraudulent purposes.
  • Attempt unauthorized access to accounts, systems, or data.

We may investigate violations and take appropriate action without prior notice.

8. Intellectual Property

All rights, title, and interest in the Services, software, branding, designs, documentation, and technology belong exclusively to Emadesk or its licensors.

Nothing in these Terms grants ownership rights to users.

9. Third-Party Services

The Services may rely upon third-party providers, including:

  • Google
  • Google Gemini
  • AWS
  • MongoDB Atlas
  • Razorpay
  • Analytics providers

Availability and performance may depend on these providers.

Emadesk is not responsible for outages, failures, interruptions, pricing changes, or actions taken by third-party providers.

10. Subscription Plans and Payments

Certain Services require payment.

Available offerings may include:

  • Free plans
  • Subscription plans
  • One-time credit purchases
  • Usage-based services

All fees are stated in applicable pricing materials.

You authorize payment processing through Razorpay and any authorized payment provider.

11. No Refund Policy

Except where required by applicable law:

  • All payments are final.
  • All subscriptions, credit purchases, and service fees are non-refundable.
  • Partial usage does not create entitlement to refunds.
  • Unused credits are non-refundable.

Emadesk may, at its sole discretion, provide credits or exceptions without creating future obligations.

12. Service Availability

We strive to provide reliable Services but do not guarantee uninterrupted operation.

Services may be affected by:

  • Maintenance
  • System upgrades
  • Security events
  • Third-party failures
  • Internet disruptions
  • Force majeure events

We reserve the right to modify, suspend, or discontinue any portion of the Services at any time.

13. Suspension and Termination

We may suspend or terminate access immediately and without notice if:

  • You violate these Terms.
  • We suspect fraud or abuse.
  • Your activities create security risks.
  • We are required to do so by law.

Termination may result in loss of access to content, settings, and account information.

14. Data Deletion

Upon account deletion:

  • Account data will generally be deleted within 30 days.
  • Backups may remain for up to 90 days.
  • Certain records may be retained for legal, tax, compliance, security, and dispute-resolution purposes.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMADESK DISCLAIMS ALL WARRANTIES, INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY
  • RELIABILITY
  • AVAILABILITY

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

EMADESK, ITS OWNER, AFFILIATES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

  • INDIRECT DAMAGES
  • CONSEQUENTIAL DAMAGES
  • SPECIAL DAMAGES
  • INCIDENTAL DAMAGES
  • LOSS OF PROFITS
  • LOSS OF DATA
  • LOSS OF BUSINESS OPPORTUNITIES
  • REPUTATIONAL HARM

IN NO EVENT SHALL EMADESK'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE USER TO EMADESK DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IF NO PAYMENT WAS MADE, LIABILITY SHALL NOT EXCEED INR 1,000.

17. Indemnification

You agree to defend, indemnify, and hold harmless Emadesk, its owner, contractors, affiliates, employees, and partners from any claims, liabilities, losses, damages, costs, and expenses arising from:

  • Your use of the Services.
  • Your Customer Content.
  • Your violation of these Terms.
  • Your violation of applicable laws.
  • Your infringement of third-party rights.

18. Force Majeure

Emadesk shall not be liable for delays or failures caused by events beyond reasonable control, including:

  • Natural disasters
  • Government actions
  • Internet failures
  • Cyberattacks
  • Labor disputes
  • Utility failures
  • Third-party service outages

19. Export Compliance

Users agree not to use the Services in violation of applicable export control, sanctions, or trade laws.

20. Privacy

Use of the Services is also governed by the Privacy Policy.

21. Modifications to Terms

We may modify these Terms at any time.

Updated versions will be posted on the website.

Continued use of the Services after modifications constitutes acceptance of the revised Terms.

22. Governing Law

These Terms shall be governed by and interpreted under the laws of India.

23. Jurisdiction

Any dispute arising from or related to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Jhargram, West Bengal, India.

24. Contact Information

Emadesk

Petbindhi, Jhargram, West Bengal, 721517, India

Email: soumitra@emadesk.com

Website: https://emadesk.com

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