1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you", "your", or "Customer") and Qosh AI Solutions LLP ("Qosh", "we", "us", or "our"), a limited liability partnership registered in Mumbai, Maharashtra, India.
By accessing or using the Qosh platform, including our web application at app.qosh.ai, desktop runtime, APIs, WhatsApp integrations, and related services (collectively, the "Service"), you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization.
If you do not agree to these Terms, you must immediately stop using the Service.
2. Service Description
Qosh provides an AI-powered accounting and finance automation platform that enables businesses, chartered accountants, and finance teams to automate document processing, bookkeeping, reconciliation, and accounting workflows. The Service includes AI-driven document classification and extraction, integration with accounting software (including Tally ERP), WhatsApp-based document collection, multi-user collaboration tools, and both cloud and local deployment options.
We reserve the right to modify, update, suspend, or discontinue any feature or functionality of the Service at any time, with or without notice. We may also introduce new features, some of which may be designated as beta or experimental.
3. Account Registration
To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate any account that we reasonably believe is being used in violation of these Terms, is associated with fraudulent activity, or poses a security risk.
By creating an account and providing your contact details (including email address, phone number, and any other contact information), you expressly consent to being contacted by Qosh through any of these channels for purposes including but not limited to: service updates and announcements, onboarding and customer success, product feedback and research, sales and promotional communications related to Qosh's products and services, billing and account matters, and any other communications reasonably related to your use of the Service. This consent applies regardless of whether your contact details are registered under any do-not-disturb or similar regulatory list, to the extent permitted by applicable law.
4. Subscription and Payment
Access to certain features of the Service requires a paid subscription. By subscribing, you agree to pay all applicable fees as described in the pricing plan selected at the time of subscription. All fees are quoted in Indian Rupees (INR) unless otherwise stated and are exclusive of applicable taxes (including GST).
Subscriptions automatically renew at the end of each billing cycle (monthly or annual) unless cancelled at least 30 days before the renewal date. We reserve the right to modify pricing with at least 30 days' prior notice. Continued use after a price change constitutes acceptance of the new pricing.
All fees are non-refundable except as expressly stated in these Terms or required by applicable law. Both plans are subject to fair usage limits. Overage charges of ₹3 per page apply if you exceed the fair usage allocation in any billing cycle.
By subscribing to the Service, you acknowledge that: (a) you have reviewed and understood the features and limitations of the selected plan prior to purchase; (b) access to the Service is provided immediately upon payment, and the Service is therefore fully rendered from the moment of subscription; and (c) you waive any right to initiate a chargeback, payment reversal, or dispute with your bank, card issuer, or payment provider for any charges legitimately incurred under these Terms.
5. Chargebacks and Payment Disputes
Qosh provides a software-as-a-service platform ("SaaS") and digital services that are delivered electronically and consumed immediately upon activation. By completing a purchase, you acknowledge that the Service has been rendered and that standard SaaS delivery constitutes full and valid proof of service.
Chargeback waiver: You agree not to initiate a chargeback, bank dispute, or payment reversal ("Chargeback") for any transaction where the Service was made available to you in accordance with these Terms. Initiating a Chargeback without first contacting Qosh and attempting to resolve the dispute in good faith constitutes a material breach of these Terms.
Evidence of service delivery: For the purposes of responding to any Chargeback investigation, you agree that the following shall constitute sufficient and conclusive evidence that the Service was delivered: (a) account login records and access logs; (b) platform activity logs, including document uploads, agent runs, and API calls; (c) email correspondence confirming account activation or feature usage; and (d) subscription confirmation and invoice records. You expressly authorize Qosh to submit such records to the relevant payment processor, acquiring bank, or card network as evidence of service delivery.
Dispute process: If you believe you have been charged in error, you must notify us at billing@qosh.ai within 30 days of the disputed charge. We will review the claim and, if valid, issue a correction or credit at our discretion. We strongly encourage you to exhaust this internal resolution process before initiating any external dispute.
Fraudulent chargebacks: If a Chargeback is determined by the card network or payment provider to be invalid or fraudulent, you shall be liable for the original disputed amount plus any Chargeback fees, penalties, or costs imposed on Qosh by the payment provider as a result of the Chargeback. We reserve the right to suspend or permanently terminate your account upon initiation of any Chargeback.
6. License and Usage Rights
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the subscription term.
You shall not:
- Copy, modify, distribute, or create derivative works of the Service or any part thereof
- Reverse engineer, decompile, disassemble, or attempt to discover the source code, algorithms, or models underlying the Service
- Use the Service for competitive analysis, benchmarking, or to build a competing product
- Sublicense, resell, or otherwise make the Service available to third parties outside your organization
- Use the Service in any manner that violates applicable law or regulation
- Circumvent or attempt to circumvent any access controls, rate limits, or security measures
- Upload malicious content, viruses, or content that infringes third-party rights
7. AI-Generated Outputs
The Service uses artificial intelligence and machine learning to process, classify, and extract information from financial documents. You acknowledge and agree that:
- AI-generated outputs are provided for informational and assistive purposes only and do not constitute professional accounting, tax, financial, or legal advice
- AI outputs may contain errors, inaccuracies, or omissions and should always be reviewed and verified by a qualified professional before being relied upon for any financial, tax, or compliance decision
- Qosh makes no warranty or guarantee regarding the accuracy, completeness, reliability, or timeliness of any AI-generated output
- You assume sole responsibility for any decisions, actions, or filings made based on AI-generated outputs
- AI models may be updated, modified, or replaced at any time, which may affect the nature or quality of outputs
8. Data Ownership and Processing
You retain all ownership rights in the data you submit to the Service ("Customer Data"). By using the Service, you grant Qosh a limited, non-exclusive license to access, process, and use your Customer Data solely for the purpose of providing, maintaining, and improving the Service.
We may create anonymized and aggregated datasets derived from Customer Data (stripped of all personally identifiable information) and use such datasets without restriction for analytics, research, AI model training, benchmarking, and service improvement. These anonymized datasets are and remain the property of Qosh.
Upon termination of your account, we will provide a reasonable data export window (not less than 30 days) during which you may export your Customer Data. After this period, we will delete your Customer Data within 90 days, except where retention is required by applicable law.
9. Intellectual Property
The Service, including all software, algorithms, AI/ML models, user interfaces, designs, documentation, trademarks, and proprietary technology, is and remains the exclusive property of Qosh AI Solutions LLP. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license expressly granted in Section 6.
Any feedback, suggestions, ideas, or enhancement requests you provide to Qosh regarding the Service shall become the property of Qosh, and you hereby assign to Qosh all rights in such feedback. We are free to use, implement, and commercialize any feedback without compensation or attribution.
10. Confidentiality
Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to any third party except as necessary to perform obligations under these Terms or as required by law. Confidentiality obligations survive termination of these Terms for a period of three (3) years.
11. Warranties and Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QOSH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF RESULTS.
Without limiting the foregoing, Qosh does not warrant that: (a) the Service will be uninterrupted, error-free, or free of harmful components; (b) AI-generated outputs will be accurate, complete, current, or reliable; (c) the Service will meet your specific requirements or expectations; (d) any financial calculations, tax computations, or compliance outputs will be error-free; or (e) defects will be corrected within any particular timeframe.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QOSH, ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.
QOSH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO QOSH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Without limiting the above, Qosh shall have no liability for: (a) any reliance on AI-generated outputs without independent professional verification; (b) errors in financial calculations, tax computations, or regulatory filings; (c) data loss resulting from your failure to maintain adequate backups; (d) any third-party claims arising from your use of the Service; or (e) interruptions caused by factors outside our reasonable control.
13. Indemnification
You agree to indemnify, defend, and hold harmless Qosh AI Solutions LLP, its partners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms or applicable law; (c) your reliance on AI-generated outputs without independent verification; (d) any content or data you submit to the Service; or (e) your infringement of any third-party rights.
14. Term and Termination
These Terms remain in effect for the duration of your subscription. Either party may terminate for cause if the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice. We may also terminate or suspend your access immediately if you fail to pay fees when due, engage in fraudulent or illegal activity, or pose a security risk.
Upon termination: (a) your license to use the Service terminates immediately; (b) you will have 30 days to export your Customer Data; (c) we will delete your Customer Data within 90 days after the export period, except where retention is required by law. Sections 7, 8, 9, 10, 11, 12, 13, 16, and 17 survive termination.
15. Acceptable Use
You agree not to use the Service to:
- Engage in any unlawful, fraudulent, or deceptive activity
- Upload or process data that you do not have the right to use or share
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service for automated scraping, data mining, or unauthorized data extraction
- Transmit malware, viruses, or other harmful code
16. Anti-Abuse and Enforcement
Qosh reserves the right to protect the integrity of its platform and take action against any use of the Service that we reasonably determine to be abusive, harmful, or in bad faith. Without limiting Section 15, the following constitute abuse under these Terms:
- Free trial abuse: Creating multiple accounts, using disposable email addresses, or employing any other method to repeatedly access free trial benefits beyond what is permitted for a single user or organization.
- Platform abuse: Sending excessive automated requests, circumventing rate limits, overloading our infrastructure, or otherwise degrading the performance of the Service for other users.
- Data abuse: Uploading fabricated, fraudulent, or third-party data without authorization for the purpose of manipulating outputs, gaming the system, or misleading Qosh.
- Refund or chargeback abuse: Repeatedly claiming refunds or initiating chargebacks in bad faith, or misrepresenting the basis for a refund claim.
- Competitive abuse: Using the Service, its outputs, or any derived insights to build, benchmark, or improve a competing product or service.
- Reputational abuse: Publishing false, misleading, or defamatory statements about Qosh, its products, team members, or partners.
Enforcement rights: Upon detecting or reasonably suspecting abuse, Qosh may, without prior notice and at its sole discretion: (a) immediately suspend or permanently terminate your account and access to the Service; (b) withhold any pending refunds; (c) recover any losses, costs, or damages caused to Qosh as a result of the abusive conduct, including legal fees; (d) report the conduct to relevant law enforcement or regulatory authorities; and (e) take any other legal or equitable action available under applicable law.
You agree to cooperate with any investigation Qosh undertakes in connection with suspected abuse, including by providing information reasonably requested by us. Qosh's failure to act on any instance of abuse does not constitute a waiver of its right to act on future instances.
17. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be resolved by binding arbitration administered under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, Maharashtra. The arbitration shall be conducted in English by a sole arbitrator mutually appointed by the parties. The arbitrator's award shall be final and binding.
Subject to the arbitration clause above, the courts in Mumbai, Maharashtra shall have exclusive jurisdiction over any proceedings relating to these Terms.
18. Force Majeure
Neither party shall be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, cyberattacks, power outages, internet disruptions, or failures of third-party service providers. If a force majeure event continues for more than 90 days, either party may terminate these Terms.
19. Changes to These Terms
We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the revised Terms on our website and updating the "Last updated" date. We may also notify you via email for significant changes. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
20. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Qosh with respect to the Service.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
- Notices: All notices under these Terms shall be sent to the email address associated with your account or to legal@qosh.ai.
21. Contact
For questions about these Terms, contact us at:
Qosh AI Solutions LLP
Mumbai, Maharashtra, India
Email: legal@qosh.ai