These Terms & Conditions (“Terms”) form a binding legal agreement between you (“You”, “Your”, “User”, or “Customer”) and Bodha AI Labs Pvt. Ltd., a company incorporated under the laws of India and having its registered office in India (“Bodha”, “Company”, “we”, “us”, or “our”), governing your access to and use of the Bodha Route Planner product suite.
By creating an account, downloading the mobile application, subscribing to a plan, clicking “I agree”, or otherwise using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
1. Definitions
- “Services” means the Bodha Route Planner website at bodharouteplanner.com, the Bodha Fleet web application at fleet.bodharouteplanner.com, the Bodha Route Planner iOS and Android mobile applications, related APIs, integrations, documentation, and any updates or new versions thereof.
- “Subscription” means a paid plan to access the Services for a defined billing period (monthly, quarterly, or annual).
- “Subscription Charges” means the fees payable for a Subscription as set out on the pricing page or order form.
- “Customer Data” means all data, content, and information you or your authorised users upload, submit, or transmit through the Services, including delivery addresses, customer details, driver details, route information, and proof-of-delivery media.
- “Authorised User” means a dispatcher, driver, administrator, or other individual you authorise to use the Services under your account.
- “App Stores” means the Apple App Store and Google Play Store, through which the Bodha mobile application is distributed.
2. Eligibility & Account Registration
You must be at least 18 years old and have the legal authority to enter into a binding contract to use the Services. If you are using the Services on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and references to “You” include that organisation.
You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] of any unauthorised access or suspected compromise of your account.
3. Subscription Plans & Billing
3.1 Plans
Bodha offers various Subscription tiers (e.g., Starter, Growth, Pro, Enterprise) with differing seat counts, stop limits, feature access, and support levels. Current plan details and prices are published at bodharouteplanner.com/pricing. We may add, remove, or modify plans, features, and pricing from time to time on prospective renewals; existing Subscription terms will not be modified mid-term unless required by law.
3.2 Billing Cycle & Auto-Renewal
Subscription Charges are billed in advance on a recurring basis at the start of each billing period (monthly, quarterly, or annual, as selected). Your Subscription will automatically renew at the end of each billing period for a successive period of the same length at the then-current price, unless you cancel before the renewal date. You authorise us (or our payment processors, or the App Store through which you purchased) to charge your stored payment method for each renewal.
3.3 Payment Methods
Web Subscriptions are processed through PCI-DSS compliant payment providers (Chargebee, Stripe). Mobile Subscriptions purchased through the App Stores are processed by Apple or Google. You are responsible for ensuring that your payment method remains valid; failed payments may result in suspension or termination of your account.
3.4 Taxes
Subscription Charges are exclusive of all applicable taxes, including GST, VAT, sales tax, withholding tax, or similar levies, which will be added to your invoice where required by law. You are responsible for any taxes imposed on you by law.
3.5 Late Payment
If a payment is declined or remains unpaid for more than seven (7) days after the due date, we reserve the right to suspend or restrict your access to the Services until full payment is received, and to charge interest at the lower of 1.5% per month or the maximum rate permitted by law.
4. Refund & Cancellation Policy
No-Refund Policy
All Subscription Charges, including but not limited to monthly, quarterly, annual, add-on, seat, overage, and one-time setup fees, are non-refundable. Bodha does not provide refunds, credits, or pro-rated returns for partial billing periods, unused portions of a Subscription, downgrades, account inactivity, feature deprecation that does not materially reduce functionality, or any other reason, except where strictly required by applicable law.
4.1 How to Cancel
You may cancel your Subscription at any time:
- Web Subscriptions — from the Billing section inside your Bodha Fleet account, or by emailing [email protected].
- Apple App Store Subscriptions — through your Apple ID subscription settings (Settings → Apple ID → Subscriptions). Bodha cannot cancel App Store subscriptions on your behalf.
- Google Play Store Subscriptions — through the Google Play Store app (Subscriptions section) or at play.google.com/store/account/subscriptions. Bodha cannot cancel Google Play subscriptions on your behalf.
4.2 Effect of Cancellation
Cancellation will take effect at the end of your then-current billing period. You will continue to have access to paid features until that date, after which your account will be downgraded or deactivated. No refund will be issued for the remaining unused portion of the billing period.
4.3 Auto-Renewal Reminder
To avoid being charged for the next billing period, you must cancel your Subscription at least 24 hours before the renewal date. Cancellations made within 24 hours of renewal, or after a renewal charge has been processed, will take effect from the following billing period and no refund will be issued for the just-renewed period.
4.4 Chargebacks
If you dispute a charge with your bank or card issuer without first contacting us in good faith to seek resolution, we reserve the right to suspend or terminate your account, pursue recovery of disputed amounts, and recover any fees or costs incurred as a result of the chargeback.
5. In-App Purchases via the App Store & Google Play Store
Important — Mobile Subscriptions
Subscriptions purchased through the Apple App Store or Google Play Store are governed by the terms and policies of Apple Inc. or Google LLC respectively, in addition to these Terms. Bodha is not the merchant of record for, and has no control over, billing, refunds, cancellations, payment disputes, or trial conversions for subscriptions purchased through the App Stores.
You acknowledge and agree that:
- All payments for App Store Subscriptions are processed by Apple or Google. Bodha does not receive, store, or have visibility into your full payment information for App Store purchases.
- Refunds for App Store Subscriptions must be requested directly from Apple (at reportaproblem.apple.com) or Google (at play.google.com/store/account/subscriptions), subject to their respective refund policies. Bodha is not able to and will not process refunds for purchases made through the App Stores.
- Cancellations of App Store Subscriptions must be made directly through Apple ID subscription settings or the Google Play Store. Cancelling within the Bodha application alone will not stop App Store billing.
- Promotional codes, coupons, discounts, or trial offers issued by Bodha for web subscriptions cannot be redeemed against App Store Subscriptions, and vice versa.
- If Apple or Google initiates a refund or reversal of an App Store Subscription charge, Bodha reserves the right to immediately revoke the corresponding access, features, or content from the associated account.
- Any payment-related dispute arising from an App Store Subscription is solely between you and Apple or Google. Bodha shall not be liable for, and disclaims all responsibility in respect of, App Store billing, payment failures, unauthorised charges, refund delays, family-sharing entitlements, regional pricing differences, or any other matter that is within the control of Apple or Google.
To the maximum extent permitted by law, you agree to look solely to Apple or Google (as applicable) for any refund, cancellation, or billing remedy in connection with an App Store Subscription, and you waive any claim against Bodha arising from such matters.
6. Free Trial
From time to time we may offer a free trial of the Services. The trial is provided on an “as-is” basis, may be limited in scope or duration, and may be modified or withdrawn at our sole discretion. If you do not cancel before the trial period ends, your account will automatically convert to a paid Subscription at the then-current price for the plan you selected, and you authorise us (or the applicable App Store) to charge your payment method. Each organisation is entitled to one free trial only; repeated trial sign-ups by the same organisation, individual, or affiliated entity are prohibited.
7. Acceptable Use
You agree that you will not, and will not permit any Authorised User or third party to:
- use the Services for any unlawful, fraudulent, harmful, or infringing purpose;
- upload or transmit any content that violates the privacy, intellectual property, or other rights of any person;
- upload sensitive personal data (such as health, biometric, financial account, or government identifier data) into the Services except where the Services are expressly designed to handle such data;
- resell, sublicense, rent, lease, time-share, or otherwise commercially exploit the Services without our prior written consent;
- reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Services, except to the extent expressly permitted by applicable law;
- access or use the Services to build a competing product or to benchmark against a competing product;
- upload viruses, malware, trojans, worms, or any other malicious code;
- scrape, crawl, harvest, or spider data from the Services through automated means, except via APIs we have made available to you;
- circumvent or attempt to circumvent any usage limit, seat limit, security control, rate limit, or authentication mechanism of the Services;
- impersonate any person or misrepresent your affiliation with any person or organisation; or
- use the Services to send unsolicited bulk communications (spam) to your end customers or recipients.
We reserve the right to suspend or terminate accounts that we reasonably believe are in breach of this section, with or without notice.
8. Customer Data & Privacy
As between you and Bodha, you own all Customer Data and are solely responsible for its accuracy, legality, and the lawful basis for processing it through the Services. You grant Bodha a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Data solely as necessary to provide and improve the Services, to comply with law, and to enforce these Terms.
Where Bodha processes personal data on your behalf in connection with the Services, Bodha acts as a data processor and you as data controller. Our processing of personal data is governed by our Privacy Policy and, where applicable, our Data Processing Addendum.
You represent and warrant that you have obtained all necessary consents, provided all necessary notices, and have a valid lawful basis to provide Customer Data (including personal data of drivers, end customers, and recipients) to Bodha for the purposes contemplated by these Terms.
9. Intellectual Property
The Services, including all software, source code, designs, trademarks, logos, content, documentation, route-optimisation algorithms, and any improvements or derivative works, are the exclusive property of Bodha AI Labs Pvt. Ltd. and its licensors, and are protected by Indian and international intellectual property laws. Subject to your compliance with these Terms and timely payment of all Subscription Charges, Bodha grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your internal business purposes during the term of your Subscription.
All rights not expressly granted to you in these Terms are reserved by Bodha. You agree not to remove, alter, or obscure any proprietary notices on the Services.
If you provide us with feedback, ideas, or suggestions regarding the Services, you grant Bodha a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback into the Services without any obligation to you.
10. Third-Party Services
The Services rely on or integrate with third-party platforms including Google Maps Platform, the Apple App Store, the Google Play Store, Firebase, Amazon Web Services, MongoDB Atlas, Chargebee, Stripe, Mixpanel, Customer.io, and others. Your use of those third-party services is subject to their respective terms and policies. Bodha is not responsible for the availability, accuracy, or content of third-party services, and disclaims all liability arising from your use of them.
11. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the maximum extent permitted by law, Bodha disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, timeliness, uninterrupted access, error-free operation, and security.
Bodha does not warrant that routes, ETAs, distances, fuel estimates, geocoded locations, or other outputs produced by the Services will be accurate, optimal, or suitable for any particular operational, regulatory, or safety requirement. You are solely responsible for verifying outputs before relying on them, for complying with applicable traffic laws and driver-hours regulations, and for ensuring the safety of your drivers and recipients.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BODHA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF BODHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BODHA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL SUBSCRIPTION CHARGES ACTUALLY PAID BY YOU TO BODHA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD 100), WHICHEVER IS GREATER.
These limitations form an essential basis of the bargain between the parties and apply notwithstanding the failure of any limited remedy of its essential purpose.
13. Indemnification
You agree to defend, indemnify, and hold harmless Bodha, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; (d) Customer Data you submit to the Services; or (e) your gross negligence or wilful misconduct.
14. Suspension & Termination
We may suspend or terminate your access to the Services, in whole or in part, at any time and without liability if: (a) you breach these Terms; (b) you fail to pay any Subscription Charges when due; (c) your use of the Services poses a security, legal, or reputational risk to Bodha or other users; or (d) we are required to do so by law.
You may terminate your account at any time by cancelling your Subscription as described in Section 4. Upon termination: (i) your right to access the Services will cease immediately or at the end of the then-current billing period (as applicable); (ii) Customer Data may be retained for up to 90 days to enable reactivation and then deleted in accordance with our Privacy Policy; and (iii) all provisions of these Terms which by their nature should survive termination (including Sections 4, 8, 9, 11, 12, 13, 15, and 16) will survive.
15. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. Subject to the arbitration provision below, the courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, validity, or interpretation thereof, that cannot be resolved amicably within thirty (30) days of written notice shall be finally resolved by arbitration administered under the Arbitration and Conciliation Act, 1996 of India. The seat and venue of arbitration shall be Bengaluru, India. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties (failing which, appointed in accordance with the said Act), in the English language. The award shall be final and binding on the parties.
16. Modifications to the Terms
We may revise these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice in the Services at least fifteen (15) days before the change takes effect. Non-material changes (such as clarifications or formatting changes) take effect when posted. Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to a revision, your sole remedy is to stop using the Services and cancel your Subscription.
17. Beta Features
We may offer beta, preview, or experimental features (“Beta Features”) from time to time. Beta Features are offered “as-is”, may be modified or discontinued at any time, and are excluded from all warranties, service levels, and refund obligations under these Terms. Your use of Beta Features is at your own risk.
18. Publicity
Unless you opt out in writing to [email protected], you grant Bodha a limited, royalty-free, worldwide licence to use your company name and logo on our website, marketing materials, and customer lists to identify you as a customer of Bodha.
19. Force Majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemics, labour disputes, failure of telecommunications networks, denial-of-service attacks, or failure of third-party service providers.
20. Miscellaneous
- Entire Agreement. These Terms, together with the Privacy Policy and any order forms or data processing addenda, constitute the entire agreement between you and Bodha relating to the Services and supersede all prior or contemporaneous agreements and communications.
- Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
- No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
- No Agency. The parties are independent contractors. No agency, partnership, joint venture, or employment relationship is created by these Terms.
- Notices. Notices to Bodha must be sent to [email protected]. Notices to you may be sent to the email address associated with your account or by in-product notification.
- Headings. Section headings are for convenience only and do not affect interpretation.
21. Contact Us
For questions about these Terms, please contact:
Bodha AI Labs Pvt. Ltd.
By using the Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.