Terms and Conditions
DRAFT FOR LEGAL REVIEW. NOT LEGAL ADVICE. NOT YET IN FORCE. This draft describes how the Textikraft platform actually works today. Text in [square brackets] is a placeholder or a decision the business or its lawyer must make. Remove this box when the text is final.
Version: [0.2-draft] · Effective date: [date] · Provider: [COMPANY LEGAL NAME], [legal form], registered office at [address], [registration number], GSTIN [number] ("Textikraft", "we", "us").
1. Who may accept, and what these Terms cover
1.1 These Terms are an agreement between Textikraft and the organisation that creates a Textikraft account (the "Customer", "you"). The person who accepts them on the Customer's behalf confirms they have authority to bind it. The Service is for business use. It is not offered to individuals acting as consumers.
1.2 These Terms include: the Privacy Policy (how we handle personal data as a controller), Schedule A (Data Processing Terms, for personal data in Customer Content) and Schedule B (Sub-processors). If they conflict, Schedule A prevails for personal data in Customer Content, and otherwise these Terms prevail over the Privacy Policy.
1.3 Definitions. "Service" means the Textikraft web application, API and related support. "Agent" means a configuration the Customer creates in the Service, with one or more Layouts, to extract information from documents. "Customer Content" means documents, sample files, instructions, corrections and other material the Customer or its users submit, and the data the Service extracts from them ("Results"). "Credits" means the prepaid unit in which the Service is priced. "Users" means people the Customer allows to use the Service.
2. The Service
2.1 Textikraft lets the Customer teach Agents from sample documents, publish versioned Agents, send documents to them by API or in the web application, receive structured data, an accuracy estimate, the Credits used and timing, and review and correct results.
2.2 We may improve, change or retire features. We will give at least [30] days' notice of a change that materially reduces the Service the Customer has paid for.
2.3 The Service is provided to the Customer for its internal business purposes. The Customer may build the Service into its own products and services, but may not resell access to the Service itself, or provide it to others as a competing document-extraction service, without our written agreement.
3. Accounts, Users, keys and security
3.1 The Customer must give accurate registration details and keep them up to date. Its owner and administrators decide who the Users are and what each can do (roles and menu access).
3.2 Each User must use their own sign-in. The Customer is responsible for all activity under its accounts, API keys and OAuth credentials, and must keep credentials secret. API keys are shown once and stored only as a hash. If the Customer's organisation address or single sign-on is configured, the Customer is responsible for the configuration, for the identity provider it chooses and for the email domains it allows.
3.3 The Customer must tell us promptly at [security email] if it suspects its credentials have been compromised. We may disable credentials we reasonably believe are compromised.
3.4 We protect the Service with measures described in Schedule A (including encryption in transit, hashed passwords, optional two-step verification, access controls, rate limiting and an append-only audit log). No system is perfectly secure and we do not promise that it is.
4. Customer Content
4.1 Ownership. As between the parties, the Customer owns Customer Content. We own the Service and everything in it other than Customer Content.
4.2 Licence to process. The Customer gives us a limited, non-exclusive licence to host, copy, process, transmit and display Customer Content only as needed to provide the Service to the Customer, to keep it secure, to support it, and to comply with law, and as these Terms and Schedule A describe.
4.3 No training. We do not use Customer Content to train or improve AI models, and we do not allow our AI providers to do so under our agreements with them [to be confirmed against each provider's current terms before launch].
4.4 Worked examples. To improve accuracy, the Service shows the AI, when it reads a new document for an Agent, the closest sample documents and reviewed documents the Customer has chosen to keep with that Agent, together with their approved results. These are used only for that Customer's own Agent and never for another customer.
4.5 Responsibility for content. The Customer is responsible for Customer Content, for having the right to submit it and have it processed as described, and for any notices and consents its own legal obligations require (including towards the people whose personal data is in the documents).
4.6 Aggregated data. We may use metadata about use of the Service (such as counts, timing, status, error rates and Credits used, but never the contents of Customer Content) to operate, secure, bill and improve the Service.
5. Acceptable use
5.1 The Customer and its Users must not use the Service to: (a) break the law or infringe anyone's rights; (b) submit content they have no right to submit; (c) submit malware or files designed to harm the Service; (d) attempt to gain unauthorised access, probe or test the security of the Service without our written permission, or interfere with its operation; (e) exceed or evade rate limits, usage limits or file limits; (f) share credentials or use the Service to build a competing service; (g) use results to make solely automated decisions that have legal or similarly significant effects on a person without appropriate human review.
5.2 Restricted content. Unless we agree in writing, the Customer must not submit: [payment card numbers and card security codes; government identity numbers in a form that is not needed for the Customer's purpose; health records; biometric data; data about children; any category our lawyers decide must be excluded]. [Decision for counsel: which categories to exclude and which to allow with a separate agreement.]
5.3 We may reject, delete or block content or use that we reasonably believe breaches this section, and may suspend the Service as Section 17 describes.
6. AI output and accuracy
6.1 The Service uses artificial intelligence. AI output can be wrong, incomplete or inconsistent. Each result includes an estimated accuracy and may include flags. The estimate is a guide, not a guarantee. A measured accuracy is shown only where a person has reviewed the result or an Agent has been evaluated on approved samples; it describes those documents, not future ones.
6.2 The Customer is responsible for deciding how to use results and for appropriate human review, particularly for financial, legal, regulatory, medical or other important decisions. Textikraft does not give legal, tax, financial or accounting advice.
6.3 Where no Agent matches a document, a request for "forced extraction" returns a best-effort result that is flagged as less reliable.
7. Agents, versions and testing
7.1 Publishing an Agent version requires the Agent's measured accuracy on the Customer's approved samples to reach a threshold. The threshold is a quality gate set by the Customer within limits we set; it is not a promise of accuracy on other documents.
7.2 Sandbox keys and test runs are for testing. Sandbox results are marked as such and we may limit them.
8. Fees, Credits, taxes and payment
8.1 Credits. The Service is priced in Credits. A document costs a number of Credits that depends on the work done (pages, AI processing and any escalation) and is shown on each result and in the credit ledger. The price of one Credit and the minimum top-up depend on the Customer's billing region and are shown before any purchase. [Pricing table or link: [URL].]
8.2 Billing currency and taxes. Customers in India are billed in Indian rupees and GST is added at the applicable rate. Other Customers are billed in US dollars [or another currency we agree]. Amounts exclude taxes, duties and withholdings not stated, unless an invoice says otherwise. The Customer is responsible for taxes it is required to account for itself (such as reverse-charge VAT or GST). [Counsel and tax adviser: wording for non-Indian customers, withholding tax, place of supply.] We issue an invoice for each payment. Where e-invoicing applies we issue invoices accordingly.
8.3 Free trial. A new organisation may receive trial Credits. The amount and period are shown at sign-up. Trial Credits are used first, are not refundable, cannot be exchanged for money, and expire at the end of the trial period.
8.4 Top-ups. Credits are bought in advance by online payment or, where we offer it, by bank transfer or UPI. Credits are added when we receive the payment. A payment made by transfer is confirmed by us, usually within [one business day].
8.5 Expiry. Purchased Credits expire [12] months after purchase. [Counsel: whether prepaid Credits are subject to prepaid payment instrument or consumer rules, and whether expiry is permitted.]
8.6 Refunds. [Proposed: if no purchased Credits from a top-up have been used, the Customer may ask for a refund of that top-up within 7 days of payment, less payment gateway charges that cannot be recovered. Credits already used are not refundable. We will refund incorrect charges we caused.] Failed jobs are not charged. Documents that cannot be read or do not match any Layout are charged only the minimum charge.
8.7 Pay-as-you-go. If we agree that a Customer pays on account, the Customer may use Credits up to an agreed limit. After each month we issue a statement for the Credits owed. The Customer must pay it within 30 days. If it is not paid, we may suspend the account until it is paid. [Counsel: interest on late payment, collection costs.]
8.8 Budgets and alerts. The Customer may set a monthly budget. Budgets are a convenience, not a guarantee that spending will stop at the amount shown, because a document already in progress is completed.
8.9 Disputed charges. The Customer must raise a dispute within [30] days of the charge by writing to [billing email]. We will respond within [10] business days.
8.10 Price changes. We may change prices for the future on [30] days' notice. Changes do not affect Credits already bought.
8.11 Exchange rates. Where an amount is shown in more than one currency for information, it is approximate. The currency on the invoice is the currency of payment.
9. Data retention and deletion
9.1 Documents and results. Documents submitted for processing and the Results are deleted automatically after the retention period the Customer sets (the default and maximum is [30] days). The Customer may delete a document and its Results sooner at any time in the Service.
9.2 Material kept for training an Agent. Sample documents, approved results and test cases the Customer chooses to keep with an Agent stay until the Customer deletes them or the Agent, or the account, is deleted.
9.3 Records we keep. We keep records that do not contain document content: job records (identifier, status, time, Credits used), the credit ledger, invoices and payments, the audit log and legal acceptances. We keep invoices, payments and tax records for [8] years because the law requires it, and the audit log and acceptances for as long as needed to protect legal rights [period].
9.4 After termination. On termination we delete Customer Content within [30] days, except what the law requires us to keep, and except backups, which are deleted on their normal cycle within [35] days.
10. Availability and support
10.1 We aim to keep the Service available but do not promise uninterrupted or error-free operation. We may suspend it for maintenance. [Optional: availability target and service credits, if offered.]
10.2 Support is by email at [support email] on [business days and hours] in [time zone]. We aim to reply within [one business day]. [Optional: paid support tiers.]
11. Third-party services and sub-processors
11.1 The Service relies on third-party providers, including AI providers that process the content of documents to produce Results. The providers we use to process Customer Content are listed in Schedule B. We remain responsible for them as Schedule A describes. We will give notice of changes to Schedule B as Schedule A, section 7 describes.
11.2 The Service may link to or work with services the Customer chooses (for example an identity provider, a webhook endpoint or the Customer's own systems). We are not responsible for them.
12. Confidentiality
12.1 Each party must keep the other's non-public information confidential, use it only for these Terms, and protect it with reasonable care. This does not apply to information that is public through no fault of the recipient, was already known to it, is independently developed, or must be disclosed by law (with notice where lawful).
12.2 Our staff cannot see the content of Customer Content by default. Access is limited to what is needed for support the Customer asks for, to investigate security or abuse, or as the law requires, and is recorded.
13. Intellectual property and feedback
13.1 We grant the Customer a non-exclusive, non-transferable right to use the Service during the term under these Terms. No other rights are granted.
13.2 If the Customer gives us suggestions or feedback, we may use them without restriction or payment. Feedback does not include Customer Content.
13.3 The Customer's Agents (their instructions, output formats and approved results) are Customer Content. The underlying software, models and methods of the Service are ours or our licensors'.
14. Warranties and disclaimers
14.1 Each party confirms it has the authority to enter into these Terms. We will provide the Service with reasonable skill and care.
14.2 Except as these Terms say, the Service is provided "as is". To the extent the law allows, we disclaim all other warranties, including fitness for a particular purpose, non-infringement, and that results will be accurate, complete or error-free. [Counsel: wording to suit Indian law.]
15. Limitation of liability
15.1 Nothing in these Terms limits liability that cannot be limited by law, including for fraud, death or personal injury caused by negligence.
15.2 Subject to 15.1, neither party is liable for loss of profit, revenue, goodwill or data, or for indirect or consequential loss, arising from these Terms.
15.3 Subject to 15.1, each party's total liability arising from these Terms in any 12 months is limited to [the fees the Customer paid in the 12 months before the event]. [Counsel: cap, and whether a higher cap applies to data protection or confidentiality breaches.]
16. Indemnity
16.1 The Customer will defend and compensate us against third-party claims arising from Customer Content or from the Customer's use of the Service in breach of Section 5, to the extent permitted by law.
16.2 [Optional: we will defend and compensate the Customer against third-party claims that the Service, as we provide it, infringes their intellectual property rights, subject to the usual conditions. Counsel to confirm.]
17. Suspension and termination
17.1 The Customer may stop using the Service and close its account at any time. Unused purchased Credits are handled as Section 8.6 says.
17.2 We may suspend or restrict the Service immediately if the Customer breaches Section 5, if its credentials are compromised or abused, if payment is overdue as Section 8.7 says, if we must to comply with law, or to protect the Service or others. We will tell the Customer why and restore the Service when the cause is fixed.
17.3 Either party may terminate on notice if the other materially breaches these Terms and does not fix the breach within [30] days of notice, or if the other becomes insolvent.
17.4 When these Terms end, the Customer's right to use the Service ends. Sections that by their nature continue (including 4.1, 6, 8 for amounts owed, 9, 12, 13, 14 to 16, 19 and 20) continue.
18. Changes to these Terms
18.1 We may change these Terms. We will tell the Customer's administrators by email and in the Service at least [30] days before a change applies, with a short summary. If the Customer does not agree, it may close its account before the change applies. Continuing to use the Service after the effective date means it accepts the new version. Changes required by law may apply sooner.
18.2 Each acceptance records the version, the person, the organisation, the time and the text shown.
19. Governing law and disputes
19.1 These Terms are governed by the laws of [India]. [Counsel: choice of law for customers outside India.]
19.2 The parties will try to resolve a dispute by good-faith discussion for [30] days. If it is not resolved, it will be [referred to arbitration under the Arbitration and Conciliation Act, 1996, seated in [city], in English, by a sole arbitrator] [or: the courts of [city] have exclusive jurisdiction]. Either party may seek urgent injunctive relief from a court.
20. General
20.1 Entire agreement. These Terms (with the documents they include) are the whole agreement about the Service and replace earlier discussions. Terms in a Customer purchase order do not apply.
20.2 Assignment. The Customer may not assign these Terms without our consent. We may assign them to a successor to our business on notice.
20.3 Notices. We may give notice by email to the Customer's administrators or in the Service. The Customer gives notice to [legal email].
20.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (but this does not excuse payment obligations).
20.5 Severability and waiver. If a provision is unenforceable, the rest continues. Failing to enforce a right is not a waiver of it.
20.6 Third parties. No one other than the parties has rights under these Terms.
20.7 Export and sanctions. The Customer must not use the Service where prohibited by applicable export-control or sanctions law.
21. Contact
[COMPANY LEGAL NAME], [address] · [legal email] · [support email] · Grievance officer: [name, email, response time] (see the Privacy Policy).
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Schedule A: Data Processing Terms
These terms apply to personal data in Customer Content that we process for the Customer ("Customer Personal Data"). They are intended to satisfy the Digital Personal Data Protection Act, 2023 and its rules ("DPDP Act") and, where it applies, the EU and UK General Data Protection Regulation ("GDPR"). [Counsel: confirm and tailor.]
1. Roles. For Customer Personal Data the Customer is the data fiduciary (controller) and Textikraft is its data processor. For account, billing and usage data about the Customer's Users and staff, Textikraft is the data fiduciary (controller) under the Privacy Policy.
2. Instructions. We process Customer Personal Data only on the Customer's documented instructions: these Terms, the Customer's use of the Service and its settings (for example the retention period). We will tell the Customer if we believe an instruction breaches law.
3. Details of the processing. Subject matter: providing the Service. Duration: the term plus the deletion periods in Section 9 of the Terms. Nature and purpose: storing documents; reading them with software and AI to extract data; returning results; review and correction; keeping Agent samples chosen by the Customer; billing and security. Types of personal data: whatever the Customer's documents contain, which may include names, contact details, addresses, tax and company identifiers, transaction details, and any other data on the documents. Data subjects: people named on the Customer's documents, such as its customers, suppliers, employees and guests. Special categories: not intended; see Terms 5.2.
4. Confidentiality. Our personnel and contractors who can access Customer Personal Data are bound by confidentiality obligations and access it only as needed. Staff cannot view document content by default; access is limited, recorded and based on need.
5. Security. We implement and maintain appropriate technical and organisational measures, including:
- encryption of data in transit (TLS) and encryption of stored secrets (API credentials, two-step verification secrets, provider keys);
- passwords stored as salted hashes; optional two-step verification; account lockout after repeated failures; refresh tokens that rotate; API keys stored only as hashes;
- role-based access limited by menu and permission; organisation-level separation of data; support access recorded;
- an append-only audit log of security-relevant actions;
- rate limiting; validation of uploaded files; protection of outgoing webhooks against requests to internal addresses;
- automatic deletion of documents and results after the retention period;
- backups protected and deleted on their normal cycle; [hosting provider's physical and network security];
- [penetration testing and certification status: to be completed].
6. Assistance. Taking into account the nature of processing, we will reasonably assist the Customer to respond to requests from data subjects (access, correction, erasure and similar rights), and with security, breach notification, impact assessments and consultations, at [no charge for reasonable requests].
7. Sub-processors. The Customer authorises the sub-processors in Schedule B. We will give at least [30] days' notice of a new or replacement sub-processor by email to administrators and by updating Schedule B. The Customer may object on reasonable data protection grounds within that period; if we cannot accommodate the objection, the Customer may terminate the affected Service and receive a refund of prepaid, unused fees for the remaining period. We remain responsible for our sub-processors and bind each by terms that give equivalent protection.
8. Personal data breach. We will tell the Customer without undue delay, and within [48] hours where feasible, after becoming aware of a breach affecting Customer Personal Data, with the information we have to help it meet its own duties (including to the Data Protection Board of India and affected people).
9. Return and deletion. The Customer can delete Customer Content in the Service at any time, and it is deleted automatically as Section 9 of the Terms describes. On termination we delete or, on request made within 30 days, return Customer Personal Data, unless the law requires us to keep it.
10. Audit. We will provide information reasonably needed to show compliance with this Schedule and allow reasonable audits by the Customer or its auditor [no more than once a year, on [30] days' notice, subject to confidentiality and without access to other customers' data].
11. International transfers. Customer Personal Data is processed in [hosting location] and by the sub-processors in Schedule B in the locations stated there. Where personal data is transferred outside India, or from the EU or UK to a country without an adequacy decision, we use appropriate safeguards [standard contractual clauses / the Customer's data-residency settings]. [Counsel: DPDP cross-border rules and any notified restrictions; SCCs and UK addendum if GDPR applies.]
12. Liability. Liability under this Schedule is subject to Section 15 of the Terms [or the higher cap counsel agrees].
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Schedule B: Sub-processors
Keep this list identical to the public list and update it before any change takes effect.
| Sub-processor | Purpose | Data | Location |
|---|---|---|---|
| Anthropic PBC (Claude API) | AI processing of document content to produce Results; AI help in training chat and build | Document content and instructions sent for processing; not used to train models [confirm provider terms and retention] | [United States / provider-stated regions] |
| [Hosting provider, e.g. cloud provider] | Hosting the application, database and stored files | All Customer Content and account data | [region] |
| [Email provider] | Sending service emails (verification, invitations, statements, alerts) | Email addresses, names and the content of those emails | [region] |
| [Razorpay Software Private Limited, if online payments are enabled] | Taking card, UPI and net-banking payments | Payer and payment details (not stored by us) | India |
| [Error and uptime monitoring, if used] | Detecting faults | Technical data; no document content | [region] |
Not sub-processors of Customer Content: public exchange-rate sources used to show indicative prices (no personal data).