Terms of Service

Welcome to encatch. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "You") and Phyder Mobile Solutions Pvt. Ltd. ("Company," "we," "us," or "our"), the owner and operator of the encatch platform.

By accessing or using the encatch website (https://encatch.com), installing our SDK, or using our services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Description of Service

encatch is a feedback management platform that allows application developers to collect, manage, and analyze user feedback via an SDK and dashboard. The Service may include features such as data storage, analytics, and AI-assisted summaries.

We may update, modify, or discontinue features of the Service from time to time to improve performance or comply with regulations.

2. Accounts and Registration

To use the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and account credentials.
• Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account, including the actions of any team members you invite to your workspace.

3. Intellectual Property Rights

A. Our IP (The Platform)

Phyder Mobile Solutions Pvt. Ltd. retains all rights, title, and interest in and to the encatch Service, including our source code, SDKs, design, logos, algorithms, databases, and documentation. Nothing in these Terms grants you a license to use our intellectual property except as explicitly permitted for using the Service.

B. Your IP (Customer Data)

You retain all rights and ownership of the data you submit to the Service ("Customer Data"), including:

• Your project configurations (survey questions, targeting rules).
• The feedback and metadata collected from your End-Users.

C. License to Host

By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, and display your Customer Data solely for the purpose of providing the Service to you (e.g., storing the feedback in our database and displaying it on your dashboard).

4. Artificial Intelligence (AI) Features

Our Service includes optional AI features (powered by third-party providers like OpenAI and Google Gemini) to summarize feedback or analyze sentiment. By enabling these features, you acknowledge that:

1. Accuracy: AI-generated content is probabilistic and may contain errors. You should not rely solely on AI outputs for critical business decisions without human verification.
2. Processing: Data sent to AI models is processed according to our Privacy Policy and the policies of the respective AI providers.
3. No Liability: We are not liable for any inaccuracies, bias, or offensive content generated by the AI models.

5. Acceptable Use Policy

You agree not to use the Service to:

1. Collect sensitive personal information (e.g., health data, financial data, government IDs) via the feedback forms unless you have a specific legal basis and adequate security measures in place.
2. Reverse engineer, decompile, or attempt to extract the source code of the SDK or platform.
3. Use the Service to distribute malware, spam, or harmful content.
4. Interfere with the integrity or performance of the Service (e.g., DDoS attacks or placing an excessive load on our infrastructure).

6. Payment and Subscription

• Fees: Certain features of the Service may be subject to fees. You agree to pay all applicable fees in connection with your selected subscription plan.
• Billing: Payments are processed by third-party gateways. We do not store your full credit card details.
• Refunds: Unless required by law, payments are non-refundable.
• Taxes: You are responsible for any applicable taxes associated with your purchase.

7. Termination

• By You: You may stop using the Service at any time by cancelling your account via the dashboard or contacting support.
• By Us: We may suspend or terminate your access to the Service immediately if you violate these Terms (e.g., non-payment or violating the Acceptable Use Policy).
• Effect of Termination: Upon termination, your right to use the Service will end. We will delete your Customer Data in accordance with our Privacy Policy retention schedule.

8. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, Phyder Mobile Solutions Pvt. Ltd. disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure, or that the AI features will be accurate.

9. Limitation of Liability

In no event shall Phyder Mobile Solutions Pvt. Ltd., its directors, employees, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill.

Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us for the Service in the six (6) months preceding the event giving rise to the claim.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email or a notice within the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at:

encatch (A product of Phyder Mobile Solutions Pvt. Ltd.)

Email: support@encatch.com

Website: https://encatch.com