Terms of Service

1. Introduction & Acceptance

Welcome to isharey ("we", "us", "our", "the Company", "the Service", "the Platform"). isharey is an automated safety check-in service that dispatches periodic check-in messages via WhatsApp and notifies your designated emergency contacts if you fail to respond within the prescribed timeframe.

By accessing, registering on, subscribing to, or using isharey in any capacity — including creating an account, selecting a plan, or interacting with any feature of the Service — you ("User", "you", "your") expressly and unconditionally agree to be bound by these Terms of Service ("Terms"). If you do not agree to any provision of these Terms, you must immediately cease all use of the Service.

These Terms constitute a legally binding agreement between you and isharey, enforceable under applicable Indian law. We reserve the right to amend, modify, or update these Terms at any time. Material changes shall be communicated to you via WhatsApp or email. Your continued use of the Service after the effective date of any modification shall constitute your acceptance of and consent to the revised Terms.

2. Eligibility

To access and use isharey, you must satisfy all of the following eligibility requirements:

• Be at least 13 years of age. Users between the ages of 13 and 18 must obtain verifiable consent from a parent or legal guardian prior to registration, in compliance with the Digital Personal Data Protection Act, 2023.
• Possess a valid mobile phone number with an active WhatsApp account capable of sending and receiving messages.
• Provide accurate, truthful, current, and complete information during registration and at all times thereafter.
• Not be prohibited from using the Service under any applicable law of India or your country of residence.

By registering, you represent and warrant that you meet all eligibility requirements stated herein. isharey reserves the right to refuse, suspend, or terminate service to any individual who fails to meet these requirements.

3. Description of Service

isharey provides the following core functionalities:

• Scheduled Check-ins: Automated WhatsApp messages dispatched at your configured frequency (daily, weekly, bi-weekly, tri-weekly, or monthly) requesting confirmation of your safety and well-being.
• Follow-up Reminders: If you fail to respond to a check-in, the system automatically dispatches follow-up reminders (number determined by your subscription plan) at calculated intervals before initiating the emergency protocol.
• Emergency Alerts: If all reminders go unanswered, the system automatically notifies all your designated emergency contacts via WhatsApp with a secure, time-limited emergency link.
• Secure Emergency Link: A cryptographically generated, time-limited link (validity period determined by your plan: 7–30 days) that permits verified emergency contacts to access your emergency information after identity verification using your date of birth.
• Defense-in-Depth Encryption: Your sensitive personal data is encrypted at rest using AES-256-GCM with PBKDF2 key derivation (100,000 iterations). Your date of birth forms one component of the encryption key material alongside a server-side master secret stored in a dedicated secrets management service — ensuring a database breach alone is insufficient to compromise your encrypted data.

4. Account Registration & Security

4.1 Account Creation

You register by providing your mobile phone number and verifying your identity via a one-time password (OTP) delivered through WhatsApp. Alternatively, you may authenticate via email with OTP verification. isharey uses exclusively passwordless, OTP-based authentication.

4.2 Account Information

You agree and undertake to provide accurate, current, and complete information including your full name, date of birth, phone number, country, and emergency contact details. You are solely and entirely responsible for maintaining the accuracy and completeness of this information at all times. Inaccurate information may result in failure of the Service, including failure to deliver emergency alerts.

4.3 Account Security

You are solely responsible for all activity that occurs under your account. You must notify us immediately at business@isharey.in if you suspect any unauthorized access to or use of your account. isharey shall not be held liable for any loss, damage, or liability arising from unauthorized use of your account.

4.4 One Account Per User

Each phone number may be associated with only one isharey account. Creating multiple accounts using different phone numbers to abuse free trials, promotional offers, or service limits is strictly prohibited and constitutes grounds for immediate account termination.

5. Subscription Plans & Pricing

5.1 Plans

isharey offers the following annual subscription plans, each with distinct service tiers:

Available check-in cycles: daily (1 day), weekly (7 days), bi-weekly (14 days), tri-weekly (21 days), and monthly (30 days) — each plan grants access only to the specific cycles listed in the table above. Higher-tier plans unlock additional frequency options.

5.2 Pricing Changes

We reserve the right to modify pricing at any time at our sole discretion. Price changes shall not affect your current active subscription period. You will be notified via WhatsApp or email before any renewal at a revised price. Continued use after renewal at the new price constitutes acceptance of the revised pricing.

5.3 Payment

All payments are processed securely through Razorpay, our authorized third-party payment processor. By subscribing, you expressly authorize isharey and Razorpay to charge your chosen payment method for the applicable subscription fee. All prices are denominated in Indian Rupees (₹/INR) and are inclusive of applicable taxes unless expressly stated otherwise.

6. No Refund Policy

By purchasing a subscription, you expressly acknowledge, agree, and accept that:

• All subscription fees are strictly non-refundable, regardless of whether you use the Service in part, in full, or not at all.
• No refund shall be issued for partial subscription periods, unused time, plan downgrades, or voluntary account cancellation before the subscription period expires.
• No refund shall be issued if your account is suspended or terminated for violation of these Terms or any applicable law.
• No refund shall be issued for service interruptions caused by force majeure events, third-party service failures, or factors beyond our reasonable control.
• No refund shall be issued if you fail to configure the Service correctly, including but not limited to: not adding emergency contacts, providing incorrect phone numbers, or not responding to check-in messages.
• No refund shall be issued for dissatisfaction with the Service or any feature thereof.

This no-refund policy applies unconditionally to all plans, upgrades, downgrades, renewals, and any other payment transaction on the Platform. By completing a purchase, you expressly and irrevocably waive any right to a refund, chargeback, or payment reversal.

If you initiate a chargeback or payment dispute with your bank, card issuer, or payment provider, we reserve the right to immediately and without notice suspend or permanently terminate your account and pursue recovery of the disputed amount together with all associated fees, costs, and penalties through all available legal channels.

7. Cancellation & Subscription Management

7.1 Cancellation by User

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your Service shall remain active until the expiry of the current paid subscription period.
• No refund shall be issued for the remaining portion of the subscription period.
• Automatic renewal shall be disabled, and no further charges shall be applied.
• Upon expiry of the paid period, all check-ins, reminders, and emergency alerts shall permanently cease.

7.2 Cancellation by isharey

We reserve the right to cancel, suspend, or terminate your account and subscription, without prior notice and at our sole discretion, if you violate any provision of these Terms, engage in fraudulent or abusive activity, or for any other reason we deem necessary to protect the integrity of the Service. No refund shall be issued in such cases.

8. User Responsibilities & Acceptable Use

By using isharey, you agree to and undertake the following obligations:

• Use the Service solely for its intended purpose — personal safety check-ins and emergency notifications.
• Provide valid, accurate, and current emergency contact information at all times.
• Obtain explicit, informed consent from each emergency contact before adding their phone number to the Service.
• Respond to check-in messages in a timely manner to avoid triggering unnecessary emergency alerts to your contacts.
• Keep your account information, phone number, and date of birth accurate and up to date.
• Comply with all applicable laws, regulations, and these Terms at all times.

You expressly agree NOT to:

• Use the Service for any illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable purpose.
• Provide false, misleading, or fraudulent information, or impersonate any other person or entity.
• Attempt to reverse-engineer, decompile, disassemble, hack, or otherwise interfere with the Service's software, infrastructure, or security systems.
• Use the Service to harass, spam, stalk, or send unwanted or unsolicited messages to any individual.
• Resell, sublicense, redistribute, or commercially exploit the Service or any portion thereof without prior written consent from isharey.
• Attempt to bypass, circumvent, or defeat any security measures, rate limits, access controls, or bot protection mechanisms.
• Use automated scripts, bots, crawlers, scrapers, or any automated tool to interact with the Service.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.

Violation of any of the above may result in immediate account suspension or permanent termination, without refund and without prior notice.

9. Emergency Contacts & Consent

By adding emergency contacts to your isharey account, you expressly represent, warrant, and guarantee that:

• You have obtained explicit, informed, and voluntary consent from each emergency contact before adding their phone number to the Service.
• You have fully informed each contact about the nature of the Service, including that they may receive automated emergency alert messages and secure emergency links via WhatsApp.
• Each emergency contact is a real, identifiable individual known to you personally.
• You are solely and exclusively responsible for any disputes, claims, complaints, or legal actions arising from adding any individual as an emergency contact without their consent.
• Emergency contact changes are subject to a 24-hour cooldown period to prevent abuse.

isharey expressly disclaims and shall bear no liability whatsoever for any issues, disputes, claims, damages, or legal actions arising from your emergency contacts receiving alert messages or emergency links.

10. Service Availability & Limitations

10.1 Uptime

We endeavour to maintain high availability of the Service but do not guarantee 100% uptime, uninterrupted access, or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, system updates, infrastructure upgrades, or unforeseen technical issues.

10.2 WhatsApp Dependency

isharey relies on WhatsApp (operated by Meta Platforms, Inc.) and the MSG91 API for message delivery. We are not responsible for and expressly disclaim liability for any delays, failures, disruptions, or changes in WhatsApp's service, API, terms of service, policies, pricing, or availability. If WhatsApp or MSG91 becomes unavailable, modifies its API, or changes its terms, isharey's functionality may be materially affected, reduced, or interrupted.

10.3 Message Delivery

We cannot and do not guarantee that check-in messages, follow-up reminders, or emergency alerts will be delivered successfully, completely, or in a timely manner. Message delivery is contingent upon network conditions, device status, WhatsApp server availability, recipient device settings, and other factors entirely beyond our control.

10.4 Not an Emergency Service

11. Limitation of Liability

Without limiting the generality of the foregoing, isharey is expressly not liable for:

• Any injury, harm, death, loss, or damage of any nature resulting from failure to receive, failure to respond to, or delay in delivery of check-in messages, reminders, or emergency alerts.
• Any delays, failures, or errors in message delivery via WhatsApp, MSG91, or any other communication channel.
• Inaccurate, outdated, incomplete, or incorrect information provided by you, including incorrect emergency contact phone numbers or outdated personal details.
• Actions, inactions, decisions, or conduct of your emergency contacts after receiving an alert or accessing an emergency link.
• Data breaches, security incidents, or unauthorized access caused by factors beyond our reasonable control, including zero-day vulnerabilities and sophisticated cyberattacks.
• Loss of data, revenue, profits, business opportunities, goodwill, or any other intangible or consequential losses.
• Service interruptions, downtime, bugs, errors, or technical failures of any kind.
• Third-party service failures, including but not limited to WhatsApp, MSG91, Razorpay, or Cloudflare outages.

Our total aggregate liability to you for all claims arising from or related to the Service shall not exceed the lesser of (a) the amount actually paid by you for the Service in the 12 months immediately preceding the event giving rise to the claim, or (b) ₹699 (Indian Rupees Six Hundred Ninety-Nine).

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• Warranties that the Service will be uninterrupted, timely, error-free, secure, virus-free, or free of harmful components.
• Warranties regarding the accuracy, reliability, completeness, or currentness of any content, data, or information provided through or by the Service.
• Warranties that the Service will meet your specific requirements, expectations, or intended outcomes.
• Warranties regarding the successful delivery of any message, alert, or notification through any channel.

You expressly acknowledge and agree that your use of the Service is at your sole and exclusive risk. isharey expressly disclaims all warranties to the fullest extent permitted by applicable law.

13. Indemnification

You agree to fully and unconditionally indemnify, defend, and hold harmless isharey, its founder, directors, officers, employees, agents, contractors, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

• Your use or misuse of the Service in any manner.
• Your breach or violation of any provision of these Terms.
• Your violation of any applicable law, regulation, rule, or ordinance.
• Your infringement or violation of any third-party rights, including privacy, intellectual property, or publicity rights.
• Any content, data, or information you submit, upload, or transmit through the Service.
• Adding any individual as an emergency contact without their explicit, informed consent.
• Any dispute between you and any of your emergency contacts arising from the Service.
• Any negligent, reckless, or intentionally wrongful acts or omissions on your part.

This indemnification obligation shall survive the termination or expiry of your account and these Terms.

14. Intellectual Property

All content, trademarks, service marks, trade names, logos, designs, source code, object code, algorithms, databases, user interfaces, graphics, text, and all other materials on the isharey platform (collectively, "Intellectual Property") are the exclusive property of isharey and are protected under applicable intellectual property laws of India and international treaties. You expressly agree that you shall not:

• Copy, reproduce, distribute, publish, display, modify, or create derivative works from any part of the Service or its Intellectual Property.
• Use the isharey name, logo, branding, or any confusingly similar marks without prior written authorization from isharey.
• Scrape, crawl, index, extract, or mine data from the Service using automated or manual means.
• Remove, alter, or obscure any copyright, trademark, or proprietary rights notices.

Any unauthorized use of our Intellectual Property constitutes infringement and may subject you to civil and criminal liability under applicable Indian law.

15. Data & Privacy

Your use of the Service is additionally governed by our Privacy Policy, which comprehensively describes how we collect, use, store, encrypt, and protect your personal data. The Privacy Policy is incorporated herein by reference and forms an integral part of these Terms. By using the Service, you expressly consent to our data practices as described in the Privacy Policy.

16. Account Termination & Data Deletion

16.1 Termination by You

You may request permanent account deletion at any time through your account settings by explicitly confirming with the text "DELETE MY ACCOUNT". Upon confirmed deletion:

• All your personal data shall be permanently, irreversibly, and completely purged from all our systems and databases in a single atomic transaction.
• All encryption keys shall be destroyed, rendering any residual encrypted data permanently unrecoverable.
• Active Razorpay subscriptions shall be cancelled without refund.
• All active sessions shall be immediately terminated.
• Emergency contacts shall permanently cease receiving alerts on your behalf.
• All pending jobs, scheduled check-ins, and queued notifications shall be cancelled.
• This action is irreversible and cannot be undone.

16.2 Termination by isharey

We reserve the right to suspend or permanently terminate your account immediately, without prior notice and at our sole discretion, if:

• You breach any provision of these Terms.
• We detect fraudulent, abusive, deceptive, or suspicious activity on your account.
• Required by a valid court order, government directive, or legal process.
• The Service is permanently discontinued (see Section 17).
• We determine, in our sole judgement, that continued provision of the Service to you poses a risk to the Service, other users, or third parties.

17. Service Discontinuation

isharey reserves the right to modify, suspend, or permanently discontinue the Service (or any part thereof) at any time, with or without cause, and with or without notice, at our sole discretion. In the event of permanent discontinuation:

• We shall make commercially reasonable efforts to provide at least 30 days' advance notice via WhatsApp or email.
• No refunds shall be issued for unexpired or partially used subscription periods.
• All user data shall be permanently deleted in accordance with our Privacy Policy.

isharey shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

18. Force Majeure

isharey shall not be held liable for any failure, delay, or interruption in performance of any obligation under these Terms resulting from causes beyond our reasonable control, including but not limited to: natural disasters, acts of God, epidemics, pandemics, acts of war, terrorism, civil unrest, government actions or sanctions, internet or telecommunications infrastructure failures, power outages, WhatsApp or MSG91 service outages, Razorpay payment processing failures, cloud infrastructure outages, sophisticated cyberattacks (including but not limited to DDoS attacks), legislative or regulatory changes, or any other force majeure event. During any such event, our obligations shall be suspended for the duration of the force majeure condition without penalty or liability.

19. Governing Law & Dispute Resolution

19.1 Governing Law

These Terms shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to its conflict of law provisions or principles.

19.2 Jurisdiction

Any and all disputes, claims, controversies, or proceedings arising from, relating to, or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts located in India. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection thereto.

19.3 Mandatory Informal Dispute Resolution

Prior to initiating any formal legal proceedings, you agree to first attempt to resolve the dispute informally and in good faith by sending a written notice to business@isharey.in describing the nature of your claim and the relief sought. We shall endeavour to resolve the matter within 30 days of receiving your notice. Failure to engage in this mandatory informal resolution process may be raised as a procedural defense in any subsequent legal proceedings.

20. Severability

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable while preserving the original intent of the parties to the maximum extent permissible by law.

21. Waiver

No failure or delay by isharey in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any further exercise of that or any other right. All rights and remedies provided herein are cumulative and not exclusive of any rights or remedies provided by law.

22. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire and exclusive agreement between you and isharey regarding your access to and use of the Service. These Terms supersede and replace all prior and contemporaneous agreements, understandings, representations, warranties, and communications, whether written, oral, or electronic, between you and isharey.

23. Contact Information

For questions, concerns, complaints, or formal legal notices regarding these Terms, you may contact us at:

• Service: isharey
• Legal & Business Inquiries: business@isharey.in
• General Support: support@isharey.in
• Website: https://isharey.in