Terms of Service

1. Definitions & Scope of Platform

Nisavi ("Platform", "we", "us", "our") is a cloud-based Software-as-a-Service (SaaS) property and community management software accessible via web applications, mobile applications, and messaging interfaces.

• "Landlord User": Any individual, joint owners, or corporate real estate entity managing private rental units, PG accommodations, commercial spaces, or residential buildings;
• "Society / Association User": Any Resident Welfare Association (RWA), Cooperative Housing Society (CHS), Apartment Owners Association (AOA), or delegated Managing Committee;
• "Resident User": Tenants, flat owners, co-residents, or authorized occupants accessing unit ledgers, payment links, and visitor approvals;
• "Security & Staff User": Gate security guards, facility managers, maintenance technicians, and estate supervisors utilizing the platform for visitor check-in, parcel logs, or complaint resolution;
• "Customer / Subscriber": The primary account holder responsible for paying the subscription fee and administering the property.

2. Nature of Software (Intermediary Status under IT Act 2000)

Nisavi is strictly a technology provider and digital record-keeping platform operating as an intermediary under Section 79 of the Information Technology Act, 2000.

• Nisavi is NOT a real estate broker, leasing agent, landlord, property appraiser, or property management contractor;
• Nisavi is NOT a bank, non-banking financial company (NBFC), payment system operator, or escrow agent. We never hold custody of rent, maintenance funds, or deposits;
• Nisavi is NOT a security agency, private detective firm, or law enforcement authority. Gate management software is an operational assistance tool only;
• We are not a party to any lease agreement, tenancy contract, society bylaw, or dispute between owners, tenants, and committee members.

3. Account Registration & Committee Authority

To register and operate an account on Nisavi:

• You must be at least 18 years old and legally competent to contract under the Indian Contract Act, 1872;
• You must provide accurate, current, and complete registration details and maintain updated contact information;
• If you register an account on behalf of a Housing Society, RWA, or Apartment Complex, you represent and warrant that you hold a valid resolution, election mandate, or written authorization from the Managing Committee to deploy software for the society;
• You are solely responsible for preserving the confidentiality of login credentials, OTPs, and API tokens. You are responsible for all activities occurring under your administrative access.

4. Customer Responsibilities & Data Compliance (DPDP Act)

When entering resident, tenant, or visitor information into Nisavi:

• Consent & Privacy Compliance: You (as the Data Fiduciary) warrant that you have obtained lawful, valid consent or possess legal authority under the Digital Personal Data Protection Act, 2023to upload tenant and resident contact information, lease details, and vehicle data into the platform;
• Financial Accuracy: You are solely responsible for the calculation, billing formulas, GST levies, meter readings, and late fee charges configured for your units. Nisavi automates computations based on user-defined inputs and does not audit financial veracity;
• Lawful Tenancy Practices: You agree not to use the platform to harass occupants, issue unauthorized public shaming notices, misrepresent rental arrears, or violate the Model Tenancy Act or applicable state Rent Control Acts.

5. Gate & Visitor Operations Disclaimer

Nisavi provides software for recording visitor arrivals, deliveries, cabs, and staff check-ins:

• Guard Execution: The physical verification, identity checking, luggage inspection, and decision to allow entry onto the premises remain the exclusive responsibility of the Society Management and its deployed security personnel;
• No Liability for Security Incidents: Nisavi shall not be liable for unauthorized trespassing, theft, property damage, vandalism, physical injury, vehicle collisions, or disputes arising inside the housing society or rental premises;
• Visitor Notification Delivery: Visitor pre-approval notifications dispatched via WhatsApp, SMS, or mobile app rely on third-party mobile telecommunications networks. Nisavi is not liable for delayed gate entry caused by device offline status, weak cell reception, or carrier delivery failure.

6. WhatsApp & Automated Communications Policy

• Nisavi utilizes the Meta / WhatsApp Business API to deliver receipts, billing statements, visitor approval pings, and administrative announcements;
• Messages must relate strictly to the administration of the property. Customer administrators shall not use the WhatsApp broadcast capability for unsolicited commercial advertising, political promotions, or defamation;
• Users may opt out of promotional messages, but acknowledge that critical transactional notices (such as security gate alerts or overdue payment warnings) are essential for platform operations.

7. Financial Transactions & Third-Party Payment Gateways

Where digital rent or society maintenance payments are collected via the platform:

• Payments are processed directly by RBI-authorized Payment Aggregators (such as Razorpay or Cashfree) and deposited into the Landlord's or Society's designated bank account;
• Nisavi does not collect, hold, or escrow rental or maintenance funds. Any banking chargebacks, fraudulent transaction claims, or payment failure reversals are governed by the terms of the respective payment gateway and issuing banks;
• Disputes regarding security deposit refunds, lease damages, or maintenance adjustments must be resolved directly between the landlord/society and the resident.

8. Subscriptions, Invoicing, Taxes & Refund Policy

• Subscription Plans: Pricing, billing cycles (monthly or annual), and unit caps are detailed on our pricing page or custom enterprise agreement;
• Taxes: All subscription fees are exclusive of applicable Indian Goods and Services Tax (GST) unless explicitly stated otherwise;
• Automatic Renewal: Paid subscriptions automatically renew at the end of the billing term unless cancelled prior to the renewal date via the dashboard or written notice;
• Cancellation & Refunds: You may cancel your subscription at any time. Cancellation becomes effective at the end of the current paid billing cycle. Because access and server provisioning are immediate upon subscription, all fees paid are non-refundable, and no pro-rata refunds are issued for partial periods;
• Free Starter Tier: Free plans are provided subject to platform feature limits and may be modified or retired upon reasonable notice.

9. Acceptable Use & Prohibited Activities

You agree not to engage in any of the following prohibited behaviors:

• Reverse engineering, decompiling, scraping, or attempting to extract the source code or proprietary architecture of Nisavi;
• Attempting to breach, probe, or test the vulnerability of our cloud infrastructure, logical tenant isolation, or APIs;
• Using the platform to distribute defamatory, obscene, invasive, fraudulent, or harassing content against tenants, committee members, or staff;
• Uploading viruses, trojans, ransomware, or malicious scripts;
• Reselling, sublicensing, or white-labeling Nisavi services without explicit written commercial authorization.

10. Intellectual Property Rights

Nisavi and its licensors retain all right, title, and interest in and to the platform, including all software, designs, trademarks, brand assets, UI/UX components, documentation, and algorithms.

You retain all ownership of the raw data (tenant lists, financial registers, society circulars) that you upload to the platform. You grant Nisavi a limited, non-exclusive license to host, process, and transmit this data solely as necessary to provide the service.

11. Service Availability, Uptime & Maintenance

We endeavor to maintain high service availability (target 99.5% uptime). However, access may occasionally be suspended or restricted for scheduled maintenance, emergency security patches, or upgrades. We are not liable for service interruptions caused by natural disasters, telecommunications outages, cloud provider disruptions, or force majeure events beyond our reasonable control.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE INDIAN LAW, NIVASI IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL NIVASI, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR TENANCY DISPUTES;
• NIVASI'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE AMOUNT ACTUALLY PAID BY THE SUBSCRIBER TO NIVASI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR INR 10,000 (TEN THOUSAND INDIAN RUPEES), WHICHEVER IS LESS.

14. Indemnification

You agree to defend, indemnify, and hold harmless Nisavi, its affiliates, directors, officers, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or resulting from:

• Your violation of these Terms of Service or applicable laws (including tenancy acts or the DPDP Act 2023);
• Any dispute between you and any tenant, resident, committee member, visitor, or vendor;
• Any unauthorized upload or processing of third-party personal data without proper consent;
• Any inaccuracy or misstatement in billing dues, late fees, or tenant records configured by you.

15. Termination & Suspension

We reserve the right to suspend or terminate your account immediately without prior notice if you breach these Terms, fail to pay subscription dues, engage in fraudulent transactions, or misuse the platform in a manner that poses legal or security risks to others.

Upon termination, your right to use the platform ceases. You will be provided a reasonable window of 30 days to export your historical financial and tenant records before data is purged in accordance with our retention policy.

16. Governing Law & Dispute Resolution

These Terms shall be governed by, construed, and enforced in accordance with the laws of India.

• Amicable Resolution: In the event of any dispute, controversy, or claim arising out of these Terms, the parties shall first attempt to resolve the matter through good-faith mutual negotiations within thirty (30) days;
• Arbitration: If unresolved, the dispute shall be referred to and finally settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator mutually agreed upon, held in English, and seated in India;
• Jurisdiction: Subject to arbitration, the courts having jurisdiction over Nisavi's registered headquarters in India shall have exclusive jurisdiction over any legal proceedings.

17. Contact & Grievance Redressal

For legal inquiries, contract clarifications, or formal notices regarding these Terms, please contact us: