Sahyak CRM Terms & Conditions

1. Introduction and Contractual Scope

These Terms & Conditions ("Terms", "Agreement", or "Master Subscription Agreement") constitute a binding legal agreement between the entity or individual subscribing to or accessing the software ("Customer", "Subscriber", "You", or "Your") and the operator of Sahyak CRM ("Sahyak", "Company", "We", "Us", or "Our").

This Agreement governs Your access to and utilization of the Sahyak real estate customer relationship management software-as-a-service application hosted at crm.sahyak.com, the public informational web portal at sahyak.com, APIs, mobile web components, and any associated documentation, customer support, or communication integrations provided by Us (collectively, the "Service").

If You register for an account on behalf of a company, partnership, brokerage firm, real estate consultancy, or developer entity, You represent and warrant that You possess full legal authority to bind that entity to these Terms. If You do not possess such legal authority, or if You do not agree with each term and condition herein, You must immediately cease accessing and using the Service.

2. Identity of the Service Provider and Contracting Entity

The Service is developed, hosted, and operated by:

Corporate Structure Notice: If Sahyak operates through an affiliated corporate vehicle, operating holding entity, or corporate reincorporation during the subscription period, this Agreement remains enforceable by and for the benefit of the applicable operating entity without interrupting Your active workspace.

3. Eligibility and Authority to Accept Terms

The Service is designed exclusively for business and commercial use by real estate agents, property consultants, brokerages, construction firms, channel partners, and real estate developer marketing departments.

To be eligible to subscribe to or access the Service, You must:

• Be at least eighteen (18) years of age and legally competent to enter into enforceable contracts under the Indian Contract Act, 1872, or the applicable laws of Your jurisdiction;
• Not be barred or disqualified from receiving services under Indian export laws, trade embargoes, or sanctions;
• Provide true, accurate, current, and complete corporate and contact details during account onboarding.

4. Key Definitions

In these Terms, the following terms shall have the respective meanings assigned below:

• "Account" means the administrative record and credentials established by Customer to access the Service.
• "Workspace" or "Organization Tenant" means the isolated, multi-tenant digital environment provisioned for Customer's organization, within which Users manage real estate inventory, lead inquiries, client pipelines, and internal notes.
• "User" or "Authorized User" means an employee, independent contractor, sales executive, or telecaller authorized by Customer to access Customer's Workspace under Customer's subscription credentials.
• "Customer Data" or "CRM Data" means all electronic data, property listings, lead records, contact numbers, email addresses, site-visit schedules, communication logs, tags, and transaction notes submitted or imported into the Service by Customer or its Users.
• "Lead" means an individual or entity whose contact or property interest information is uploaded, received, or maintained by Customer in the CRM.
• "Third-Party Service" means external software, telecommunications providers, WhatsApp messaging networks, email relays, payment gateways, or API providers integrated with or accessed through the Service.

5. Account Registration, Authentication, and Security Obligations

To activate a Workspace, Customer must register with an authentic business email address, legal business name, and secure password.

Customer and its Users bear sole responsibility for:

• Maintaining the strict confidentiality of user account credentials, multi-factor tokens, and session identifiers;
• Ensuring that passwords meet robust complexity standards (minimum 8 characters, alphanumeric with special symbols);
• Restricting credential sharing among personnel. Each User must possess unique credentials; shared generic logins (e.g., sales@broker.com) are strictly prohibited;
• Promptly notifying Sahyak at support@sahyak.com upon detecting or suspecting any unauthorized access, compromised password, or security incident involving Customer's Workspace.

Sahyak shall not be liable for any loss, unauthorized data modification, or damages arising from Customer's failure to safeguard authentication credentials.

6. Organization Administrators, Team Members, Roles, and Permissions

The individual who first registers the Workspace acts as the primary Organization Administrator. Organization Administrators possess full administrative rights over the Workspace, including the authority to:

• Invite, reassign, suspend, or revoke access credentials for sales agents, team leaders, and administrative staff;
• Configure role-based access control (RBAC) boundaries (e.g., restricting agents from viewing leads assigned to colleagues, or withholding export permissions);
• Initiate subscription changes, plan upgrades, downgrades, or cancellation requests;
• Authorize data export archives or request total tenant deletion.

Customer acknowledges that Sahyak relies entirely on the directives of designated Organization Administrators. In the event of internal corporate disputes regarding control of an organization, Sahyak will not arbitrate ownership but may suspend administrative privileges pending joint written instruction or an order of competent jurisdiction.

7. Multi-Tenant Architecture and Workspace Isolation

Sahyak CRM is delivered as a multi-tenant cloud software service. The infrastructure utilizes strict logical separation, cryptographic tenant scoping, and relational query filters to guarantee that Customer Data in one Workspace is completely inaccessible to other subscribers.

Customer covenants that neither Customer nor any User shall:

• Attempt to bypass tenant boundary controls or access data belonging to another Sahyak subscriber;
• Conduct penetration testing, vulnerability scanning, or automated fuzzing against the Service without prior written authorization from Sahyak's engineering leadership;
• Reverse engineer, decompile, or dissect the underlying Cloudflare Workers, Edge APIs, or SQLite D1 structures supporting the multi-tenant architecture.

8. Permitted SaaS Use Cases

Customer is granted a non-exclusive, non-transferable, revocable, worldwide subscription license during the active term to access and utilize the Service strictly for:

• Managing genuine real estate prospect inquiries, buyer leads, and seller mandates;
• Organizing property inventories, project brochures, pricing sheets, and site-visit workflows;
• Logging follow-up phone calls, WhatsApp client communications, and negotiation timelines;
• Tracking sales agent productivity, lead distribution, and conversion pipelines within Customer's organization.

9. Prohibited Conduct and Acceptable Use Policy (AUP)

Customer agrees to adhere strictly to this Acceptable Use Policy. Customer shall not, directly or through third parties:

1. Unsolicited Spam & Telemarketing Abuse: Use the Service to dispatch unsolicited bulk communications, abusive SMS blasts, illegal cold-calling campaigns, or spam messages that violate applicable telemarketing laws;
2. Fraudulent or Deceptive Real Estate Listings: Upload fictitious property inventory, misleading pricing, forged project approvals, or fraudulent development schemes designed to deceive buyers or prospective tenants;
3. Malware and Cyber Threats: Inject trojans, ransomware, worms, malicious scripts, or payload links into document upload fields, lead notes, or client communication channels;
4. System Abuse & Resource Exhaustion: Impose an unreasonable or disproportionately large load on our Cloudflare edge infrastructure, flood our APIs, or employ automated scrapers to extract platform data;
5. Resale and Sublicensing: Resell, rent, lease, white-label, or redistribute access to the Service to unaffiliated third parties without an executed Sahyak Partner Agreement;
6. Infringement of Third-Party Rights: Import, store, or transmit content that infringes upon any patent, trademark, trade secret, copyright, privacy right, or publicity right of any third party.

10. Customer Ownership and Title to CRM Data

Customer retains exclusive ownership, title, and intellectual property rights in all Customer Data. Sahyak claims zero ownership interest in Your lead phone numbers, client histories, project inventory records, or confidential commercial transaction files.

Customer represents and warrants that Customer has obtained all legally necessary rights, registrations, and authorizations to collect, upload, process, and retain Customer Data within the Service.

11. Third-Party Lead Data, Consent, and Regulatory Compliance (TRAI / DND / RERA)

Customer acknowledges that the processing and telephonic contact of prospective property buyers is strictly regulated under Indian and international laws. Customer warrants and covenants that:

• TRAI TCCCPR & DND Compliance: Customer shall strictly respect National Do Not Call (NDNC / DND) registrations governed by the Telecom Regulatory Authority of India (TRAI). Customer shall scrub lead lists prior to telecalling campaigns and obtain verifiable consent before initiating promotional calls or SMS communications;
• RERA Advertising Compliance: Customer warrants that all property projects promoted through communications orchestrated via the Service possess valid registration under the Real Estate (Regulation and Development) Act, 2016 (RERA) where mandatory, including the display of valid RERA registration numbers;
• Digital Personal Data Protection Act (DPDP Act 2023): Customer acts as the Data Fiduciary regarding prospective homebuyer leads. Customer is solely responsible for issuing appropriate privacy notices, obtaining lawful consent, and processing lead deletion requests.

12. WhatsApp, Telephony, and Third-Party Messaging Integrations

The Service provides automated triggers, deep links, and API integrations with third-party communication channels, notably Meta's WhatsApp Business Platform, telephony relays, and email delivery services.

Customer expressly understands and agrees that:

• WhatsApp messaging is subject to Meta's WhatsApp Business Messaging Policy and Terms of Service;
• Sahyak does not guarantee message deliverability, carrier throughput, or non-blocking of Customer's phone numbers by telecommunications carriers or Meta;
• Customer must not send spam, unauthorized bulk promotions, or deceptive templates via WhatsApp. Account suspensions enacted by Meta are beyond Sahyak's control and shall not entitle Customer to subscription refunds.

13. Third-Party API Limits, Provider Costs, and Carrier Charges

Where Customer connects external third-party communication accounts (such as WhatsApp Business API, Twilio, Exotel, or email relays), all third-party subscription fees, conversation charges, template verification costs, and carrier interchange fees are Customer's sole direct responsibility.

Sahyak may impose reasonable API rate limits or concurrency throttles to prevent system degradation and preserve platform performance across all tenants.

14. Service Availability, Maintenance, and Technical Limitations

Sahyak targets high availability across its globally distributed Cloudflare Pages edge deployment and D1 database layer. However, the Service is delivered on an "as-available" basis without an express SLA unless explicitly contracted under an Enterprise Service Level Agreement.

Customer acknowledges that scheduled maintenance, emergency security patches, hosting provider disruptions, telecommunications failures, or upstream Internet service disruptions may result in temporary Service unavailability. Sahyak will endeavor to provide reasonable advance notification of scheduled downtime.

15. Suspension and Termination for Cause

Sahyak reserves the right to suspend or terminate Customer's Workspace or access credentials immediately upon written or electronic notice if:

• Customer commits a material breach of these Terms, including violation of Section 8 (Permitted Use) or Section 9 (Acceptable Use Policy);
• Customer engages in illegal telemarketing or spam campaigns resulting in regulatory complaints or telecommunications blacklisting;
• Customer's subscription payment fails or enters ninety (90) days of unresolved delinquency;
• Customer's continued use creates an imminent security threat, legal liability, or technical danger to the Service or other subscribers;
• Required by law enforcement, court order, or governmental mandate.

In non-emergency circumstances involving minor administrative breaches, Sahyak will grant Customer five (5) business days' cure notice prior to enacting suspension.

16. Customer Data Export, Account Closure, and Deletion Lifecycle

Upon voluntary cancellation of a subscription, Customer may request a machine-readable export (CSV / JSON format) of all Customer Data within thirty (30) calendar days of the effective termination date.

Following the expiration of the thirty-day post-termination grace period, Sahyak will queue Customer's Workspace for permanent deletion from production D1 databases and purge associated edge caches in accordance with our system lifecycle (typically completed within 60 calendar days), unless retention is required by tax or statutory compliance laws.

17. Free Tiers, Subscription Plans, and Resource Quotas

Sahyak offers both an authentic Free Starter tier and modular paid subscription tiers as published in our official Pricing Matrix:

• Free Starter Plan: Perpetual ₹0 access for up to 20 leads, 1 user seat, 10 WhatsApp outreach actions, and 3 active properties without requiring credit card registration;
• Base Access Plan: Starting at ₹499/month in India ($59/mo USD) for complete core CRM access (pipelines, inventory, site visits, and WhatsApp integration), with modular add-ons for user seats, lead volume, and cloud storage as published on /pricing/;
• Enterprise Plan: Custom quotation with dedicated multi-project developer dashboards, custom SLA, and volume seat pricing.

International subscriptions are billed in local currencies across 15 supported jurisdictions (including USD, AED, GBP, EUR, SGD, CAD, AUD) in accordance with the live pricing matrix at /pricing/.

18. Invoicing, Payment Processing, Taxes, Renewals, and Refund Policy

Billing Cycle & Auto-Renewal: Subscriptions are billed in advance on a recurring monthly or annual basis. Subscriptions renew automatically unless Customer disables auto-renewal at least seven (7) days prior to the expiration of the current billing cycle.

Taxes: All listed fees are exclusive of applicable Goods and Services Tax (GST in India at 18%) or international value-added taxes, which will be calculated and appended at invoice generation.

Refund Policy: Because Sahyak provides an unrestricted Free Starter tier to evaluate core system suitability prior to payment, subscription payments for activated billing periods are generally non-refundable. If Customer cancels mid-term, access continues until the end of the paid period, and no partial credits or pro-rata refunds are issued, except where mandated by applicable consumer protection laws.

19. Intellectual Property and Proprietary Rights

All right, title, and interest in and to the Service—including software code, visual UI designs, workflows, icons, algorithms, documentation, brand logos, and trade secrets—remain the sole and exclusive intellectual property of Sahyak and its licensors.

Customer shall not duplicate, mirror, frame, scrape, or create derivative works based upon the Service, nor remove or obscure any copyright notices or trademarks displayed in the application.

20. Limited License to Customer Data for Service Operation

Customer grants Sahyak a strictly limited, non-exclusive, royalty-free, worldwide license to host, copy, store, transmit, format, and display Customer Data solely to the extent necessary to provide, secure, maintain, and support the Service for Customer.

Sahyak will never sell, broker, or commercially monetize Customer Data to third-party advertisers, rival brokerages, or marketing agencies.

21. Unsolicited Feedback and Product Enhancements

If Customer or any User submits suggestions, ideas, enhancement requests, or recommendations regarding the Service ("Feedback"), Sahyak may freely use and incorporate such Feedback into future product releases without restriction or obligation of financial compensation.

22. Mutual Confidentiality

"Confidential Information" means all proprietary or non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party"), including Customer Data, business plans, pricing, security architecture, and system performance benchmarks.

Each party agrees to:

• Protect the other party's Confidential Information with the same degree of care it uses for its own confidential data (minimum reasonable care);
• Not disclose Confidential Information to any third party, except to employees, professional advisors, and subprocessors who need to know and are bound by equivalent non-disclosure obligations;
• Not use Confidential Information for any purpose outside the scope of this Agreement.

23. Privacy and Data Protection Relationship

The handling of personal data is governed by our separate, detailed Privacy Policy, which is incorporated by reference into these Terms.

With respect to lead records and homebuyer contacts stored in Customer's Workspace, Customer is the Data Fiduciary / Controller and Sahyak operates solely as the Data Processor acting on Customer's instructions.

24. Express Warranty Disclaimers and No-Sales-Guarantee

CRITICAL DISCLAIMER OF GUARANTEES: SAHYAK CRM IS A PRODUCTIVITY AND WORKFLOW SOFTWARE TOOL. WE DO NOT GUARANTEE THAT USE OF THE SERVICE WILL GENERATE SALES, CLOSE REAL ESTATE TRANSACTIONS, INCREASE COMMISSION EARNINGS, OR CONVERT LEADS INTO BUYERS. CUSTOMER ALONE IS RESPONSIBLE FOR COMMERCIAL REAL ESTATE NEGOTIATIONS, CONTRACTUAL DUE DILIGENCE, TITLE CHECKS, AND CLIENT RELATIONSHIPS.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS DELIVERED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR UNINTERRUPTED AVAILABILITY.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

1. INDIRECT DAMAGES: NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF REPUTATION, OR LOSS OF BUSINESS DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
2. AGGREGATE MONETARY CAP: IN NO EVENT SHALL SAHYAK'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO SAHYAK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

26. Customer Indemnification

Customer agrees to defend, indemnify, and hold harmless Sahyak, its corporate affiliates, officers, directors, employees, and agents from and against any third-party claims, regulatory penalties, damages, liabilities, and legal expenses (including reasonable attorney fees) arising out of or related to:

• Customer's breach of Section 9 (Acceptable Use Policy) or Section 11 (TRAI, DND, RERA, and Lead Consent Compliance);
• Allegations that Customer Data infringes third-party intellectual property or violates individual privacy rights;
• Customer's fraudulent, deceptive, or unlawful commercial real estate dealings with property buyers, developers, or tenants.

27. Force Majeure

Neither party shall be held liable for failure or delay in performing its contractual obligations (other than financial payment obligations) due to causes beyond reasonable control, including acts of God, floods, fires, natural disasters, war, acts of terrorism, civil unrest, labor strikes, power grid blackouts, telecommunications infrastructure collapse, or global cyber warfare attacks.

28. Modifications to Service and Contract Terms

Sahyak continuously updates and optimizes the CRM platform. We may introduce new features, retire legacy modules, or adjust API endpoints to enhance performance.

If we implement material, adverse modifications to these Terms, we will notify Customer at least thirty (30) days in advance by dispatching an email to the registered Organization Administrator or posting a prominent banner in the application dashboard. Continued use of the Service following the effective date of revised terms constitutes Customer's acceptance.

29. Governing Law and Jurisdiction

These Terms and any dispute or controversy arising out of or relating to this Agreement shall be governed by and construed in accordance with the substantive laws of the Republic of India, without regard to conflict of law principles.

Subject to the grievance escalation mechanisms described in Section 30, the competent civil courts located in Mumbai, Maharashtra, India, shall possess exclusive jurisdiction over any legal proceeding arising out of this Agreement.

30. Dispute Resolution and Grievance Mechanism

In the event of any operational grievance or dispute, the parties agree to engage in good-faith informal negotiations for a minimum period of thirty (30) calendar days following written notice of dispute sent to support@sahyak.com.

If informal discussions fail to resolve the controversy, either party may escalate the dispute to final and binding arbitration administered in Mumbai, Maharashtra, India, in the English language, under the provisions of the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator mutually appointed by the parties.

31. General Contractual Provisions

• Severability: If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid, and all remaining provisions shall remain in full force and effect;
• Waiver: No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right;
• Assignment: Customer may not assign or transfer this Agreement without the prior written consent of Sahyak. Sahyak may freely assign its rights and obligations in connection with a merger, acquisition, corporate restructuring, or sale of substantial assets;
• Entire Agreement: These Terms, together with the Privacy Policy and any executed Enterprise Order Form, constitute the entire agreement between the parties regarding the Service and supersede all prior discussions, proposals, or understandings.

32. Contact Details, Versioning, and Legal Notice Status

For questions, notices, or formal correspondence regarding these Terms & Conditions, please reach our legal and operational team: