Terms & Conditions

The Mitoo company that provides the Services to you, and that you are contracting with, depends on your billing address:

• If your billing address is in India, you are contracting with Mehta Softech Pvt. Ltd., 4 & 5, 2nd Floor, Sumel Complex, Sarkhej – Gandhinagar Highway, Ahmedabad, Gujarat 380054, India. Payments are processed by Razorpay in Indian Rupees (INR).
• If your billing address is outside India, including the United States, you are contracting with Mitoo Technologies Inc., 8 The Green, Suite B, Dover, Delaware 19901, United States. Payments are processed by Stripe in US Dollars (USD) or the currency shown at checkout.

In these Terms, "Mitoo", "we", "us" and "our" mean the applicable company above. "Customer", "you" and "your" mean the person or organization that accepts these Terms. If you accept these Terms on behalf of an organization, you confirm that you have authority to bind that organization.

• "Customer Data" means all data, content and information submitted to or processed through the Services by you or your Users, including data from connected accounts and integrations.
• "Users" means your employees, contractors and other individuals you authorize to access the Services under your account.
• "Subscription" means the plan, modules, number of users and add-ons you purchase, as shown at checkout, in your account or in an order form.
• "Subscription Term" means the monthly, annual or other billing period for which you have paid.
• "AI Output" means content generated by AI features of the Services, such as summaries, scores, classifications, chatbot responses and draft messages.

• The Services are intended for business use. You must be at least 18 years old and able to enter into a binding contract.
• You must provide accurate, complete and current registration and billing information and keep it up to date.
• You are responsible for keeping login credentials confidential, for all activity under your account, and for your Users' compliance with these Terms.
• You must notify us promptly at info@mitoo.ai of any unauthorized access to your account.

We may offer a free trial of some Services for a limited period and number of users, as shown on the pricing page. Trials are provided "as is" without any warranty or service commitment.

At the end of the trial, you must purchase a paid Subscription to continue using the Services. If you do not, your access may be restricted or suspended, and data entered during the trial may be deleted after 30 days. We may modify or end a trial at any time.

• Fees are based on the plan, modules, base users, additional users and add-ons you select, and are payable in advance for each Subscription Term.
• Subscriptions renew automatically for successive terms of the same length unless cancelled before the renewal date. By providing a payment method, you authorize us and our payment gateway to charge the applicable fees on each renewal.
• Customers in India are billed by Mehta Softech Pvt. Ltd. through Razorpay. Prices are in INR and exclusive of Goods and Services Tax (GST), which will be added as applicable. Please provide your GSTIN to receive a GST-compliant invoice.
• Customers outside India are billed by Mitoo Technologies Inc. through Stripe. Prices are exclusive of sales, use, value-added, withholding and similar taxes, which you are responsible for, except taxes on our net income.
• Adding users or upgrading a plan takes effect immediately and may be charged on a prorated basis for the remainder of the current Subscription Term. Downgrades take effect from the next renewal.
• We may change prices by giving at least 30 days' notice. Price changes apply from your next renewal after the notice period.
• If a payment fails or is overdue, we may retry the charge and, after notice, suspend access to the Services until payment is received.
• Implementation, onboarding, data migration, customization and integration services, where offered, are billed as agreed in the relevant order or quotation.

You may cancel your Subscription at any time. Cancellation stops future renewals and takes effect at the end of the current Subscription Term. Fees are non-refundable except as described in our Refund & Cancellation Policy, available at mitoo.ai/refund-policy, which forms part of these Terms.

• You retain all rights in your Customer Data. You grant us a limited, worldwide licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Services and as described in our Privacy Policy.
• You are responsible for the accuracy and legality of Customer Data and for having all rights, notices and consents needed to collect it and to let us process it.
• You are responsible for obtaining any consents required by law for features you enable, including call recording, automated calling, WhatsApp and email marketing, employee location tracking, candidate assessments and interview recordings.
• You may connect only email accounts, calendars and other third-party accounts that you own or are authorized to access and monitor.
• Before your Subscription ends, you may export your Customer Data using the tools available in the Services. We may delete Customer Data 30 days after the end of your Subscription, unless the law requires us to keep it.

• AI Output is generated automatically and may be inaccurate, incomplete or inappropriate. You are responsible for reviewing AI Output before relying on or acting on it.
• AI Output is provided to assist your decisions, not to replace them. You must not rely solely on AI Output for decisions with legal or similarly significant effects on individuals, such as hiring, termination or credit decisions, and you are responsible for complying with laws that apply to such decisions.
• Mitoo Radar prepares draft replies for your review. You are responsible for any message you choose to send.
• We do not use Customer Data to train generalized AI models.

You and your Users must not:

• Use the Services for any unlawful, fraudulent or harmful purpose, or in violation of any applicable law, including data protection, anti-spam, telemarketing and do-not-disturb rules.
• Send unsolicited bulk messages, spam, or messages that violate WhatsApp, email provider or telecom policies.
• Upload or transmit viruses, malware or any code of a destructive nature.
• Infringe the intellectual property, privacy or other rights of others.
• Attempt to gain unauthorized access to the Services, other accounts or related systems, or interfere with their security or performance.
• Reverse engineer, decompile, copy, resell, sublicense or build a competing product using the Services, except as permitted by law.
• Scrape, crawl or harvest data from the Services or use them to collect personal information of others without authorization.
• Share login credentials between individuals or exceed the number of users in your Subscription.

We may suspend or remove content, or suspend access, if we reasonably believe these rules are being violated.

The Services can connect with third-party services such as Google, Microsoft, WhatsApp Business, Meta, Google Ads, marketplaces, telephony providers and payment gateways. Your use of those services is governed by their own terms and policies.

We are not responsible for third-party services, and we do not guarantee their availability, pricing or continued compatibility. If a third party changes or discontinues its service, the related feature may be limited or unavailable.

Mitoo and its licensors own all rights in the Services, software, website, designs, trademarks and documentation. Subject to these Terms and payment of fees, we grant you a non-exclusive, non-transferable right for your Users to use the Services during the Subscription Term for your internal business purposes.

If you send us suggestions or feedback, we may use them without restriction or obligation to you.

Each party will protect the other party's non-public business, technical and financial information with reasonable care, use it only to perform under these Terms, and not disclose it except to people who need to know it and are bound by similar obligations, or where required by law.

We work to keep the Services available and secure, but they may occasionally be unavailable because of maintenance, updates, third-party outages or events beyond our control. We will try to give advance notice of planned maintenance.

Support is available by email at info@mitoo.ai and through the channels described in your plan.

We continually improve the Services and may add, change or remove features. We will not materially reduce the core functionality of a paid Subscription during its current Subscription Term.

Each party confirms that it has the authority to enter into these Terms. Except as expressly stated in these Terms, the Services, AI Output and website content are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted or error-free.

Information on the website is provided for general information and may change without notice.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, even if advised of the possibility of such damages.

To the maximum extent permitted by law, each party's total liability arising out of or relating to these Terms and the Services will not exceed the fees paid or payable by you for the Services in the 12 months immediately before the event giving rise to the claim.

These limits do not apply to your payment obligations, your breach of the Acceptable Use section, either party's indemnification obligations, or liability that cannot be limited by law.

You will defend, indemnify and hold harmless Mitoo, its affiliates and their directors, officers and employees from any third-party claim, loss or expense, including reasonable legal fees, arising from your Customer Data, your use of the Services in violation of these Terms or applicable law, or your failure to obtain required consents.

We will defend you against any third-party claim alleging that the Services, as provided by us, infringe that party's intellectual property rights, and pay resulting damages finally awarded, provided you notify us promptly and allow us to control the defence. This does not apply to claims arising from Customer Data, third-party services, or modifications or combinations not made by us.

• You may terminate by cancelling your Subscription as described in the Refund & Cancellation Policy.
• We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay fees after notice, or use the Services in a way that creates legal or security risk.
• Upon termination, your right to use the Services ends and any unpaid fees become due. Sections that by their nature should survive, including fees, Customer Data, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and governing law, will survive termination.

• If you are contracting with Mehta Softech Pvt. Ltd., these Terms are governed by the laws of India, with exclusive jurisdiction of the courts at Ahmedabad, Gujarat.
• If you are contracting with Mitoo Technologies Inc., these Terms are governed by the laws of the State of Delaware, United States, with exclusive jurisdiction of the state and federal courts located in Delaware, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting any formal proceeding, both parties agree to try in good faith to resolve the dispute informally for at least 30 days after written notice to info@mitoo.ai or to the other party's registered address.

• Entire agreement: these Terms, together with the Privacy Policy, Refund & Cancellation Policy and any order form, are the entire agreement between the parties about the Services. If an order form signed by both parties conflicts with these Terms, the order form prevails.
• Assignment: you may not assign these Terms without our written consent. We may assign them to an affiliate, including between Mehta Softech Pvt. Ltd. and Mitoo Technologies Inc., or in connection with a merger, acquisition or sale of assets.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control, except for payment obligations.
• Severability: if any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will stay in effect.
• No waiver: failure to enforce a provision is not a waiver of the right to enforce it later.
• Notices: we may send notices to the email address on your account. You may send notices to us at the email and address below.
• Publicity: we may identify you as a customer by name and logo unless you ask us not to in writing.

We may update these Terms from time to time. The "Last updated" date at the top shows when they were last revised. For material changes, we will notify customers by email or through the Services at least 30 days before the changes take effect. Continued use of the Services after changes take effect means you accept the updated Terms.

Questions about these Terms can be sent to info@mitoo.ai or to:

• India: Mehta Softech Pvt. Ltd., 4 & 5, 2nd Floor, Sumel Complex, Sarkhej – Gandhinagar Highway, Ahmedabad, Gujarat 380054, India
• United States and rest of world: Mitoo Technologies Inc., 8 The Green, Suite B, Dover, Delaware 19901, United States