Terms of Service

Last updated: 16 October 2026 · Effective date: 16 October 2026

These Terms of Service ("Terms") are a binding agreement between you and OpenKit AI ("OpenKit AI", "we", "us", "our"), for your use of the OpenKit AI directory at openkitai.com, the OpenKit AI Android app, the business panels at *.openkitai.com and related services (together, the "Service"). By creating an account, ticking "I agree to the Terms & Privacy Policy", or using the Service, you accept these Terms, our Privacy Policy, Refund Policy and GDPR and DPDP notice. If you do not agree, do not use the Service. This document is an electronic record under the Information Technology Act, 2000 and does not require a physical or digital signature.

Important: sections 13 (disclaimers), 14 (limitation of liability), 15 (indemnity) and 21 (arbitration and class-action waiver) limit our liability and your remedies. Please read them carefully.

1. Eligibility, accounts and business use

• You must be at least 18 (or the age of majority where you live) and competent to contract under the Indian Contract Act, 1872. If you accept for a business, you confirm you are authorised to bind it; "you" then means that business.
• The Service is a business tool. You confirm you use it for trade, business, craft or professional purposes, and not as a consumer, unless the law where you live treats you as a consumer regardless.
• You must give accurate sign-up and KYC information and keep it updated. Keep your password, OTPs and API keys confidential. You are responsible for all activity under your account and API keys, including by your staff, contractors and end users, whether or not authorised by you, until you tell us of a compromise.
• We may verify your identity, business or phone number and refuse or close accounts at our discretion, acting lawfully.

2. The Service

OpenKit AI provides AI chat, lead capture, WhatsApp linking, business tools (campaigns, follow-ups, bookings, invoices, catalog, review requests, missed-call replies, social scheduler, website builder, reports, Project Agent packages), a prepaid wallet, a reseller / white-label program and an API. Features marked "beta", "coming soon" or "planned" are provided as-is and may change or be withdrawn. We may add, change, limit or discontinue any feature, module, provider, country or channel at any time; where a change materially reduces a paid feature you have prepaid for, your remedy is set out in the Refund Policy.

3. Wallet, prices, taxes and payment

• Paid features are prepaid from your wallet at the rates shown in the app for your country and currency at the time of use. Rates may differ by country, channel and provider.
• We may change prices at any time. New prices are shown in the app and apply to actions taken after publication. Where a change increases a price for you and the law requires notice, we will give at least 7 days' notice by email or in-app notice; continuing to use the Service after that date is acceptance.
• Wallet credits are not money, not a bank deposit or stored-value instrument, earn no interest, and are non-refundable and non-transferable (except through features we provide, such as a reseller funding its own customer), except where applicable law requires otherwise. Credits cannot be exchanged for cash. See the Refund Policy.
• Failed messages: where a chargeable delivery (for example a campaign message or missed-call auto-reply) fails as detected by the platform, the charge is credited back to your wallet only; no cash refund is made for it.
• Prices are exclusive of GST and other taxes unless stated. You are responsible for all taxes, levies and withholding applicable to your use (other than taxes on our income). If you must withhold tax, you will gross up or provide the certificate the law requires.
• Currency conversion uses daily-updated rates; bank, card and gateway charges and FX differences are your responsibility.
• Chargebacks or payment reversals made without first contacting us are a breach; we may suspend the account and debit the reversed amount and any fees from the wallet.

4. Your compliance responsibilities: consent, opt-in, DND and anti-spam

You are solely responsible for every message, call, campaign and piece of content sent through your account, and for ensuring that:

• every recipient has given valid, recorded, prior opt-in consent as required by law and by WhatsApp/Meta policy, and that opt-outs (for example "STOP") are honoured promptly;
• for bulk email, every contact you upload, import or send to has agreed to receive emails from you (you must confirm this each time you upload or import contacts); every email carries the unsubscribe link we add, and you never remove or hide it;
• in India, you comply with the Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI TCCCPR) and its amendments, including DLT entity/header/template registration where applicable, NCPR / DND preferences, permitted time windows and content categories, and the Telecommunications Act, 2023;
• you comply with all other applicable laws, including the IT Act, 2000, the DPDP Act, 2023, the Consumer Protection Act, 2019, GDPR / UK GDPR / PECR, the US TCPA, CAN-SPAM and CCPA/CPRA, and the laws of each recipient's country;
• you give your own privacy notices to your customers and tell people they are talking to an AI where the law requires it. OpenKit AI does not verify your consents and is not the sender, originator or principal entity of your messages. You will keep consent records and provide them to us, a telecom operator, Meta or a regulator on request.

5. Acceptable use

You must not, and must not let anyone else, use the Service to:

• send spam, unsolicited bulk or commercial messages, or contact anyone without the consent the law or platform rules require;
• use purchased, rented, borrowed, shared, harvested or scraped email addresses or contact lists, or lists of people who did not agree to receive messages from you. We automatically pause email sending for accounts whose bounce or complaint rates are too high (see section 6);
• breach the WhatsApp Business / Commerce Policies, Meta terms, Google Play policies, telecom or DLT rules, or any third party's terms;
• host, display, upload, transmit or share content that Rule 3(1)(b) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 prohibits, or that is unlawful, fraudulent, phishing, defamatory, obscene, sexually explicit, harmful to children, hateful, harassing, infringing, misleading, impersonating, threatening national security or public order, or containing malware;
• promote gambling, betting, weapons, drugs, adult services, pyramid or "get rich quick" schemes, unregistered financial products, or other restricted goods/services where prohibited;
• collect or process personal data unlawfully, scrape, or process sensitive / special-category data without a lawful basis;
• probe, scan, overload, reverse engineer, decompile, bypass rate limits or security, or access the Service by automated means other than our API;
• resell, sublicense or white-label the Service other than through our reseller program;
• use AI output to make decisions with legal or similarly significant effects on people without human review.

6. Suspension and termination by OpenKit AI

We may, immediately and without prior notice, suspend, throttle, restrict or terminate your account, API keys, numbers, campaigns or any content, or remove content, if we reasonably believe that: you breached these Terms or the law; there is spam, abuse, fraud, a security risk, unusual traffic or a complaint; a court, government, regulator, telecom operator, Meta/WhatsApp, a payment provider or another third party requires or requests it; your payment fails or is reversed; or continuing would expose OpenKit AI or others to harm or liability. Where practical and lawful we will tell you the reason afterwards, and you may appeal to the Grievance Officer. We may also terminate for convenience on 30 days' notice, in which case unused wallet balance is handled under the Refund Policy. Wallet balance in accounts terminated for breach, fraud or abuse may be forfeited to the extent the law allows, and we may retain amounts needed to cover fines, penalties, chargebacks or third-party claims caused by you.

7. WhatsApp, Meta, telecom, AI and other third-party services

• The WhatsApp QR feature links your own WhatsApp account as a linked device; it is not the official WhatsApp Business Platform unless stated. Meta / WhatsApp may restrict, rate-limit, flag, suspend or permanently ban numbers at its sole discretion.
• Third-party services (WhatsApp/Meta, telecom operators and SMS/voice carriers, AI model providers, payment gateways, social networks, hosting and email providers) are not controlled by OpenKit AI and are governed by their own terms. OpenKit AI is not liable for any outage, delay, error, policy change, price change, number ban, account restriction, template rejection, message loss or other act or omission of any third party, and no such event entitles you to a refund except a wallet credit for failed chargeable deliveries under the Refund Policy.

8. AI output disclaimer

AI replies, summaries, translations, generated websites and other output are produced automatically by third-party models, are probabilistic and may be inaccurate, incomplete, offensive, outdated or not unique. Output is not legal, medical, financial, tax or other professional advice. You must review output before relying on it or sending it to anyone, and you are solely responsible for output you use, publish or send. You can Report (flag) an AI reply and Block a contact in chats.

9. Your content and data processing

• You keep ownership of your business data, content and your customers' data ("Customer Data"). You grant OpenKit AI a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Data only to provide, secure, support and improve the Service and to comply with law.
• For Customer Data, you are the controller / Data Fiduciary and OpenKit AI is your processor / Data Processor. We process it only on your documented instructions (these Terms and your use of the Service), keep it confidential, use reasonable security safeguards, use sub-processors listed or available on request, assist with data-subject requests and notify you of a personal data breach without undue delay. On deletion we erase it as described in the Privacy Policy. These Terms are our Data Processing Addendum unless a separate signed DPA applies; EU/UK Standard Contractual Clauses are available on request.
• You warrant that you have all rights, notices and consents needed for us to process Customer Data, and that it does not infringe anyone's rights.
• We may use aggregated, de-identified data that does not identify you or any individual to operate and improve the Service.
• As an intermediary, OpenKit AI does not initiate, select recipients of, or modify your messages, and relies on the safe-harbour protection of Section 79 of the IT Act, 2000. We will act on lawful orders and valid complaints as the law requires.

10. Resellers

If you use "Make Me Reseller" or any white-label feature, you also agree that:

• You are solely responsible for your own customers: their onboarding, KYC, contracts, support, billing, refunds, complaints, consents and compliance with these Terms and the law. Your customers must accept terms no less protective of OpenKit AI than these Terms.
• You are solely responsible for your own payment gateway (for example Razorpay, PayPal or Stripe), its account, KYC, settlements, chargebacks, disputes, refunds and fees. OpenKit AI is not a party to and has no liability for payments you collect.
• You are responsible for all taxes on your margins and sales, including GST registration, invoicing and filings.
• You will not make claims, warranties or price promises about the Service that we have not authorised in writing, and you will not use OpenKit AI's marks except as we allow.
• OpenKit AI may suspend or terminate your reseller status, branding, domains, or any of your customers' accounts at any time for breach, abuse, spam, complaints, non-payment or legal risk, and may then deal directly with your customers to continue their service.
• You will indemnify OpenKit AI for any claim by or concerning your customers.

11. API

API use is subject to these Terms, documentation and rate limits. We may change, version or deprecate the API and may revoke keys that are abused or at risk.

12. Intellectual property and confidentiality

• The Service, software, models configuration, templates, design, documentation, and the OpenKit AI and OpenKit AI names and logos are owned by OpenKit AI or its licensors and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service under these Terms. All rights not expressly granted are reserved.
• Feedback and suggestions you give may be used by us freely without obligation.
• Each party will keep the other's non-public information confidential, use it only for this agreement, and protect it with reasonable care, except information that is public, already known, independently developed, or required to be disclosed by law (with notice where lawful). This survives for 3 years after termination (and indefinitely for trade secrets and personal data).

13. Disclaimer of warranties

To the maximum extent permitted by law, the Service, AI output and all content are provided "AS IS" and "AS AVAILABLE", with all faults and without warranties of any kind, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, delivery of any message, uninterrupted or error-free operation, or that any number will not be restricted or banned. We do not offer an uptime SLA unless agreed in a signed document. Nothing in these Terms excludes a warranty or right that cannot be excluded under applicable law.

14. Limitation of liability

To the maximum extent permitted by law:

• OpenKit AI, its directors, officers, employees and affiliates will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss or damage, or for loss of profits, revenue, business, goodwill, anticipated savings or data, however caused and on any theory (contract, tort including negligence, statute or otherwise), even if advised of the possibility.
• OpenKit AI's total aggregate liability arising out of or relating to the Service or these Terms is limited to the fees you actually paid to OpenKit AI for the Service in the three (3) months immediately before the event giving rise to the claim.
• These limits apply even if a remedy fails of its essential purpose, and reflect an agreed allocation of risk reflected in our prices. They do not limit liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited, or rights you have as a consumer that the law makes non-waivable.
• Any claim must be brought within one (1) year after the cause of action arises, to the extent the law permits a shorter limitation period by agreement.

15. Indemnity

You (and, for resellers, the reseller) will defend, indemnify and hold harmless OpenKit AI, its directors, officers, employees, affiliates and agents from and against all claims, losses, damages, penalties, fines, regulatory charges, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your or your end users' use of the Service; (b) any message, campaign, call or content sent through your account, including spam, missing consent or opt-in, DND / NCPR / TRAI / DLT violations and TCPA/PECR claims; (c) any WhatsApp/Meta restriction or ban, telecom operator penalty or blacklisting triggered by your activity; (d) Customer Data or content you provide, including infringement or privacy claims; (e) your use of third-party providers or your own payment gateway; (f) your customers (for resellers); or (g) your breach of these Terms or of law. We may control the defence of any claim at your cost, and you will not settle a claim that imposes any obligation on OpenKit AI without our written consent.

16. Term, your termination and account deletion

These Terms apply while you use the Service. You may stop using it at any time and may delete your account in the app (Settings → Delete account) or at https://openkitai.com/delete-account. On termination or deletion, account data is erased or anonymised within 30 days (accounting records may be kept anonymised as the law requires). Remaining wallet balance follows the Refund Policy. Sections that by their nature should survive (including 3, 4, 8, 9, 10, 12–15, 17–23) survive termination.

17. Force majeure

OpenKit AI is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, flood, fire, epidemic, war, terrorism, riots, strikes, government action, internet shutdowns, power or network failures, cyber-attacks, failures or policy changes of WhatsApp/Meta, telecom operators, AI, cloud, hosting or payment providers, or changes in law or regulation.

18. Assignment

You may not assign or transfer these Terms or your account without our written consent. OpenKit AI may assign or novate these Terms, in whole or part, to an affiliate or a successor in a merger, acquisition, reorganisation or sale of assets, with notice to you where required.

19. Changes to these Terms

We may change these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, notify you by email or in-app notice at least 7 days before they take effect (except changes required by law or for security, which may apply immediately). If you continue to use the Service after the effective date, you accept the changes; if you do not agree, you must stop using the Service and may delete your account.

20. Governing law and jurisdiction

These Terms and any non-contractual matters arising from them are governed by the laws of India. Subject to section 21, the courts at Bhopal, Madhya Pradesh, India have exclusive jurisdiction. This does not remove any mandatory right a consumer has to bring proceedings in the consumer forum or courts where they live, or any mandatory data-protection right to complain to a supervisory authority.

21. Arbitration and class-action waiver

• Any dispute, controversy or claim arising out of or relating to these Terms or the Service, including their existence, validity or termination, will first be raised with the Grievance Officer and the parties will try in good faith to resolve it within 30 days.
• If unresolved, it will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by OpenKit AI with your consent (or failing agreement within 30 days, as provided by that Act). The seat and venue of arbitration is Bhopal, Madhya Pradesh, the language is English, and the award is final and binding. Either party may seek urgent interim relief from the courts at Bhopal.
• To the extent permitted by law, disputes will be resolved only on an individual basis; you waive the right to participate in a class action, class arbitration or representative proceeding against OpenKit AI. If this waiver is held unenforceable for a claim, that claim will proceed in the courts at Bhopal and not in arbitration.
• This section does not apply to claims a consumer is entitled by law to bring before a consumer commission, or to small claims that the law does not allow to be arbitrated.

22. Notices

Legal notices to OpenKit AI must be sent through the contact form (with a copy by post to the registered address above if required by law). We may give you notices by email to your registered address, SMS/WhatsApp to your registered number, or in-app; notices by email are effective when sent.

23. General

These Terms (with the policies referenced) are the entire agreement between you and OpenKit AI about the Service and supersede prior understandings. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force (severability). Our failure to enforce a right is not a waiver. Nothing creates a partnership, agency or employment relationship. If these Terms are translated, the English version prevails in case of any conflict.

24. Grievance Officer and contact

In accordance with the Information Technology Act, 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection (E-Commerce) Rules, 2020 and the DPDP Act, 2023: Grievance Officer: Jitendra Wadhwani, OpenKit AI, Bhopal, Madhya Pradesh, India · Contact: contact form. We acknowledge complaints within 24 hours and resolve them within 15 days of receipt (or sooner where the law requires, for example 72 hours for certain content-removal requests and 24 hours for non-consensual intimate imagery). Support: contact form, 24x7 (AI + team).