Terms of Service

These Terms of Service (the "Terms") form a legally binding agreement between you ("you", "Customer" or "Tenant") and PropStackX Technologies LLP("PropStackX", "we", "our") governing your access to and use of PropStackX, our website at propstackx.com, our admin console, partner portal, mobile applications, APIs, and any related services (together, the "Service").

You accept these Terms when you (a) sign an Order Form referencing them, (b) click an "I agree" box, (c) create an account, or (d) use the Service. Each of these constitutes an electronic signature under section 10A of the Information Technology Act, 2000 and forms a valid contract under the Indian Contract Act, 1872.

If you are accepting on behalf of a company, you confirm that you are authorised to bind that company. The defined term "you" will then mean the company.

• Authorised User — an employee, contractor or agent of the Tenant whom the Tenant has invited to access the Service.
• Channel Partner — a real-estate broker firm or individual onboarded by a Tenant inside the Service.
• Customer Data — all personal data, business data, files, content and configuration that the Tenant or its Authorised Users submit, upload, generate or store within the Service, including data about Channel Partners and end customers.
• End Customer — a lead, prospective buyer, allottee or resident whose data the Tenant processes through the Service.
• Order Form — a written or electronic order (including a checkout flow) that specifies the plan, term and fees.
• Subscription Term — the period of paid access stated in the Order Form (or, for self-serve plans, the billing cycle you selected).
• Documentation — user guides, API references and help articles we publish at help.propstackx.com or within the Service.

You must be at least 18 years old and legally capable of entering into a contract under section 11 of the Indian Contract Act, 1872. The Service is built for businesses; it is not offered to consumers for personal, family or household use. If you are using the Service for a business, that business must be lawfully constituted and in good standing.

• You are responsible for the security of every account you create and every credential you issue to an Authorised User.
• You must keep account details current. Notify us promptly at admin@propstackx.com if you suspect unauthorised access.
• You are responsible for everything done under your account, except for actions caused by our negligence or breach of these Terms.
• We may impose reasonable rate limits, storage limits and feature limits to protect the Service for everyone. Plan-specific limits are set out at propstackx.com/pricing.

5.1 Fees

Fees are stated on the applicable Order Form or on the pricing page you accepted at checkout. Unless stated otherwise, fees are quoted in Indian Rupees (₹) and are exclusive of taxes.

5.2 GST and other taxes

You will pay GST and any other applicable indirect taxes at the rate prevailing on the invoice date. We will issue tax invoices compliant with the CGST Act, 2017. Withholding tax (TDS), where deductible at law, may be deducted by you against a valid TDS certificate.

5.3 Renewal

Self-serve subscriptions renew automatically at the end of each billing cycle unless you cancel at least one (1) day before the renewal date. Annual enterprise subscriptions renew on the terms in the Order Form. We will notify you of any price change at least 30 days before it applies to you.

5.4 Payment terms

Self-serve plans are payable in advance via the payment method on file. Enterprise invoices are payable within 30 days unless otherwise agreed. Overdue amounts may attract interest at 1.5% per month or the maximum rate permitted by law, whichever is lower, and we may suspend access after 15 days' notice of non-payment.

5.5 Refunds

Fees paid are non-refundable except where (a) we materially fail to deliver the Service and do not cure the failure within 30 days of your written notice, (b) we terminate without cause, or (c) refund is required by Indian consumer-protection law. Pro-rata refunds for unused months are at our discretion. Free-trial fees are not refundable for obvious reasons — there are none.

We may offer a free trial of certain plans. Trial usage is provided on an "as is" basis without warranties. We may modify or discontinue trials at any time. Data created during a trial that is not converted to a paid subscription within 30 days of trial end may be deleted.

You agree to use the Service only for lawful purposes and:

• in accordance with our Acceptable Use Policy, which forms part of these Terms;
• in compliance with the DPDPA, IT Act, RERA, GST Act, TRAI regulations, and any other Indian law applicable to you and your End Customers;
• without attempting to (i) reverse engineer, decompile or copy any part of the Service except as expressly permitted by law, (ii) interfere with security or rate-limiting controls, (iii) build a competing product using insights from the Service, or (iv) misrepresent the source of any communication sent through the Service.

You retain all rights, title and interest in Customer Data. You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, transmit, process, copy and display Customer Data solely as needed to provide and support the Service, comply with the law, and enforce these Terms.

For Customer Data that constitutes personal data of an End Customer or Channel Partner, you are the Data Fiduciary and we are the Data Processor under the DPDPA. You warrant that:

• you have a lawful basis (consent or a permitted legitimate use) for collecting and processing such data;
• you have provided the notices required by section 5 of the DPDPA to your End Customers;
• you will respond to and resolve End Customer rights requests (access, correction, erasure, withdrawal of consent) within statutory timelines;
• you will not upload data that you are not legally permitted to process — including scraped data, bought lead lists from non-compliant sources, or special-category data without explicit consent.

We will process Customer Data only on your documented instructions, which include the configuration choices you make in the Service and the use cases described in the Documentation. Our handling of personal data is described in our Privacy Policy.

On termination, you may export Customer Data using the in-product export tools or by written request, within the 90-day grace period described in section 16. After that, we will delete Customer Data from active systems and from backups in accordance with our standard backup-rotation cycle.

The Service, including all software, designs, trademarks, logos, documentation and any improvements or feedback-derived enhancements, is and remains the exclusive property of PropStackX and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during the Subscription Term, solely for your internal business use. No other rights are granted by implication, estoppel or otherwise.

If you provide feedback, suggestions or feature requests, you grant us a perpetual, irrevocable, royalty-free licence to use them without obligation.

Each party may receive information of the other that is marked or would reasonably be regarded as confidential ("Confidential Information"). Each party will (a) use Confidential Information only as needed to perform under these Terms, (b) protect it with at least the same care it uses for its own information of similar sensitivity (and not less than reasonable care), and (c) not disclose it to third parties except to employees, sub-processors and advisors who are bound by similar confidentiality obligations. This obligation survives termination for three (3) years (and indefinitely for trade secrets).

We aim to make the Service available 24×7 and historically achieve monthly availability of 99.5% or higher. Scheduled maintenance is announced in advance where reasonably possible. We do not commit to a specific uptime under these standard Terms; service-level commitments and credits, where offered, will be set out in your Order Form or in a separate SLA.

We provide email support during business hours (Monday to Friday, 10:00–18:00 IST). Higher-tier and enterprise plans receive faster response targets and dedicated channels as set out in your Order Form. Reach support at admin@propstackx.com.

The Service may interoperate with third-party products (e.g. Meta WhatsApp, SparkPost, payment gateways, mapping providers, BI tools) that we don't control. Your use of those products is governed by their own terms. We are not responsible for their acts, omissions or downtime, but we will use reasonable efforts to inform you of known disruptions that affect our delivery of the Service.

Specifically, you are responsible for:

• ensuring that any project, plot or unit advertised, listed or sold through the Service is registered under the Real Estate (Regulation and Development) Act, 2016 where registration is required;
• including the RERA registration number and disclosures mandated by section 11 of RERA in marketing material generated using the Service;
• not making misleading representations contrary to section 12 of RERA — including via templates, ad copy, AI-generated content or channel-partner messages distributed through the Service;
• depositing 70% of project receipts in a designated bank account as required by section 4(2)(l)(D) of RERA — the Service's payment trackers do not effect such deposits;
• collecting and retaining KYC for allotments in line with PMLA obligations.

When you use PropStackX to send SMS, email, voice or WhatsApp messages, you are the sender. You will:

• Register your headers, templates and consent records with the relevant DLT operator under TRAI's Telecom Commercial Communications Customer Preference Regulations, 2018, before sending SMS through the Service.
• Obtain and document opt-in for WhatsApp recipients, respect the 24-hour customer-care window, and use only Meta-approved message templates outside that window.
• Honour unsubscribe and do-not-disturb (DND) preferences. The Service provides built-in suppression mechanisms; you must keep them enabled.
• Not send promotional content to numbers on the National Customer Preference Register without consent, and not impersonate any person, brand or authority.

We may suspend the messaging modules of any account that generates excessive complaints, regulatory notices or carrier penalties.

16.1 By you

You may cancel a self-serve subscription at any time from inside the Service; cancellation takes effect at the end of the current billing cycle. For enterprise subscriptions, follow the notice mechanism in your Order Form.

16.2 By us

We may suspend or terminate your access if:

• you fail to pay undisputed fees within 15 days of notice;
• you materially breach these Terms or the Acceptable Use Policy and do not cure within 7 days of written notice (or immediately in the case of an unlawful or harmful breach);
• we are required to do so by law, court order or a regulator's direction; or
• we reasonably believe continued use poses a security or reputational risk to the Service or to other Tenants.

Where the situation allows, we will give you advance notice and an opportunity to cure.

16.3 Effect of termination

You will have a 90-day grace window after termination during which your data is retained in read-only mode for export. After that window we will delete Customer Data as described in section 8 and our Privacy Policy. Termination does not affect accrued fees, confidentiality obligations, IP ownership, indemnities or any other provisions intended to survive termination.

We warrant that the Service will perform materially in accordance with the Documentation. As your sole and exclusive remedy for breach of this warranty, we will use commercially reasonable efforts to repair or replace the affected functionality. If we cannot do so within 30 days of your notice, you may terminate the affected subscription and receive a pro-rata refund of pre-paid fees for the unused period.

To the maximum extent permitted by Indian law, except as expressly stated in this section, the Service is provided "as is" and "as available". We disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will produce any specific business outcome (such as more leads, faster conversions, or RERA compliance).

Nothing in these Terms limits any non-excludable rights you have under the Consumer Protection Act, 2019 if it applies to you.

By you.You will defend us and our directors, officers and employees against any third-party claim, demand, regulatory action or proceeding (each a "Claim") arising from or related to (a) your use of the Service in breach of these Terms or applicable law, (b) Customer Data — including a claim that Customer Data was uploaded without lawful basis, infringes IP, or breaches DPDPA, RERA or TRAI obligations, and (c) communications you send through the Service. You will pay damages and costs finally awarded against us (or agreed in settlement we approve in writing).

By us. We will defend you against any third-party Claim alleging that the Service, when used as permitted by these Terms, infringes a registered Indian patent, copyright or trademark, and pay damages and costs finally awarded against you in such Claim. If such a Claim is brought, we may, at our option, (a) procure for you the right to continue using the affected functionality, (b) modify it to be non-infringing, or (c) terminate the affected subscription and refund pre-paid fees for the unused period.

Each indemnity is conditional on the indemnified party (i) giving prompt written notice of the Claim, (ii) giving the indemnifying party sole control of the defence and settlement (provided no settlement adverse to the indemnified party may be made without its consent), and (iii) reasonably cooperating at the indemnifying party's expense.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings or data — even if advised of the possibility.

Each party's total aggregate liability arising out of or relating to these Terms and the Service, whether in contract, tort (including negligence) or otherwise, is capped at the total fees paid by you to us for the Service in the twelve (12) months immediately preceding the event giving rise to the liability.

The cap and exclusions above do not apply to:

• your obligation to pay fees;
• indemnity obligations under section 18;
• breach of confidentiality obligations under section 10;
• liability that cannot be limited or excluded under Indian law (including for fraud, wilful misconduct, gross negligence or statutory consumer rights).

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, civil unrest, terrorism, pandemic, government action, internet or telecom failures, and infrastructure outages of upstream providers. Affected obligations are suspended for the duration of the event and either party may terminate the affected subscription if the event continues for more than 60 days.

We may update these Terms from time to time. Material changes will be notified to Tenants by email and posted on this page at least 15 days before they take effect. The "Last updated" date at the top reflects the current version. Continued use of the Service after a change means you accept the updated Terms. If you do not accept a material change, your sole remedy is to stop using the Service and (for self-serve plans) cancel before the change takes effect.

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

Any dispute, controversy or claim arising out of or relating to these Terms — including its existence, validity or termination — will first be the subject of good-faith negotiation between designated representatives for at least 30 days. If the dispute is not resolved, it will be referred to and finally settled by arbitration administered under the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed by the parties (or, failing agreement, appointed under section 11 of that Act). The seat and venue of arbitration will be Bengaluru, Karnataka. The language will be English.

Subject to the arbitration agreement above, the courts at the arbitration seat have exclusive jurisdiction in respect of interim, injunctive or supervisory relief.

Nothing in this section restricts your right to approach a consumer forum under the Consumer Protection Act, 2019 if it applies to you, or to bring a complaint before the Data Protection Board of India under the DPDPA.

Notices to us must be sent in writing to admin@propstackx.com with a copy to our registered office. Notices to you may be sent to the email address on file for your account or shown in the Service. Notices are deemed received on the next business day after dispatch.

• Entire agreement. These Terms, the Privacy Policy, the Cookie Policy, the Acceptable Use Policy and any Order Form together constitute the entire agreement between the parties on this subject. They supersede all prior or contemporaneous understandings, communications and proposals.
• Order of precedence. If there is a conflict, the order is: (1) signed Order Form, (2) these Terms, (3) Privacy Policy, (4) Acceptable Use and Cookie Policies, (5) Documentation.
• Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of substantially all our assets, on notice to you.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary or employment relationship.
• Severability. If any provision is held unenforceable, the remaining provisions will continue in full force and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce a right or provision is not a waiver of that right or provision.
• Anti-bribery and sanctions. Each party will comply with the Prevention of Corruption Act, 1988 and applicable Indian sanctions and export-control laws.
• Publicity. We may identify you as a customer of PropStackX (including using your name and logo) on our website and marketing materials, in a manner consistent with your brand guidelines. You can opt out by writing to us.

As required by section 5 of the IT (Intermediary Guidelines) Rules, the Consumer Protection (E-Commerce) Rules, 2020 and section 13(3) of the DPDPA, you can escalate any concern to our Grievance Officer:

We will acknowledge a complaint within 48 hours and resolve it within 30 days from receipt, in line with applicable rules.