Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") form a binding agreement between Amika Technologies, a proprietorship with its principal place of business at Spinoza Enclave, Near True Value, Althan Canal Road, Althan, Surat, Gujarat - 395017, India ("ConstrucTx", "we", "us", "our"), and the individual or entity accessing or using the Service ("Customer", "you", "your").
By creating an account, clicking "I agree", or accessing or using the Service, you accept these Terms. If you do not agree, do not use the Service.
If you are entering into these Terms on behalf of a company, firm, or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Definitions
- "Service" means the ConstrucTx software-as-a-service platform for managing the financial operations of site-based businesses, including the website at constructx.app, the web application at web.constructx.app, associated APIs, and any updates or new features.
- "Customer Data" means all data, content, files, and information that you or your Users submit to, store in, or generate through the Service. This includes company and site details, transactions, vendor and contractor records, estimates, challans, invoices, payments, loans, petty cash entries, employee records, and uploaded attachments.
- "User" means an individual authorized by you to use the Service under your account, including your partners, employees, accountants, site supervisors, and agents.
- "Company" means a business entity you create and manage within the Service. One login may manage more than one Company.
- "Order Form" means the plan selection, written quotation, invoice, or other order document specifying your plan, limits, add-ons, fees, and subscription term.
3. Eligibility and Accounts
3.1 Eligibility. You must be at least 18 years old and legally capable of entering into contracts. The Service is intended for business use and is not directed at children.
3.2 Registration. Accounts are registered with a mobile number, verified by a one-time password (OTP), and protected by a password. You agree to provide accurate, current, and complete information during registration and to keep it updated.
3.3 Account Security. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at amika.technologies.6@gmail.com of any suspected unauthorized access. We are not liable for losses arising from your failure to maintain credential security.
3.4 User Accounts and Permissions. You decide which Users may access each Company and what each role can view or change. You are responsible for configuring those permissions, for your Users' compliance with these Terms, and for all acts and omissions of your Users. Credentials may not be shared between individuals; each User requires a separate seat unless your plan expressly permits otherwise.
3.5 Multiple Companies. If you manage more than one Company under one login, you confirm that you are authorized to act for each of them.
4. License and Restrictions
4.1 License Grant. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term for your internal business purposes.
4.2 Restrictions. You will not, and will not permit any third party to:
- copy, modify, translate, or create derivative works of the Service;
- reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
- rent, lease, sell, sublicense, or provide the Service as a service bureau to third parties;
- remove or obscure any proprietary notices;
- use the Service to build a competing or substantially similar product;
- circumvent plan limits, usage limits, rate limits, or access controls;
- conduct penetration testing, load testing, or vulnerability scanning without our prior written consent;
- use automated means to scrape or extract data from the Service except through export features or documented APIs;
- use the Service in violation of applicable law or to infringe the rights of others.
5. Acceptable Use
You will not use the Service to store, transmit, or process material that:
- is unlawful, defamatory, harassing, obscene, or infringing;
- contains malware, viruses, or harmful code;
- is false or fabricated with the intent to deceive, including forged invoices, challans, or payment records;
- infringes any intellectual property, privacy, or publicity right;
- consists of data the Service is not designed to hold, including full payment card numbers, banking passwords or PINs, or health information, unless we have expressly agreed in writing.
We may suspend access without prior notice if we reasonably believe your use poses a security risk, may harm our systems or other customers, or violates law. We will restore access promptly once the issue is resolved.
6. Fees, Billing, and Taxes
6.1 Fees. You will pay the fees set out in your Order Form or on our pricing page at constructx.app/pricing. Fees are quoted in Indian Rupees (INR).
6.2 Plans and Limits. Each plan includes a set number of active sites, accounts, and Users, and a set of modules. Additional active sites, accounts, and Users, and add-on modules such as Petty Cash, are charged at the rates on the pricing page. Completed and archived sites do not count towards your active site limit.
6.3 Billing Cycle. Paid subscriptions are billed annually in advance.
6.4 Payment Method. Fees are payable through our account managers, who will contact you with payment details, as stated on your Order Form or invoice. You are responsible for keeping your billing details current.
6.5 Renewal. Your subscription continues for the paid term and renews when you pay the renewal fee. We do not renew or charge you automatically. If a paid term ends without renewal, your account may be moved to the free Starter plan or suspended.
6.6 Late Payment. We do not charge interest on overdue amounts. We may suspend the Service if fees remain unpaid 7 days after written notice.
6.7 Price Changes. We may change fees with at least 30 days' notice, effective from your next renewal. If you do not accept the change, you may cancel before renewal.
6.8 Taxes. Fees exclude all taxes, levies, and duties. Applicable Goods and Services Tax (GST) will be added to your invoice. You are responsible for all such amounts except taxes on our net income.
6.9 Refunds. Except as expressly stated in these Terms or required by law, fees are non-refundable and there are no refunds for partial periods, unused sites, accounts, or seats, or downgrades. We do not offer a money-back guarantee.
6.10 Free Plan and Free Trials. We offer a free Starter plan with limited features and may offer a free trial of a paid plan for 30 days. At the end of a trial, your account moves to the free Starter plan unless you subscribe. The free plan and trials are provided "as is" with no warranties or support commitments.
7. Customer Data
7.1 Ownership. As between the parties, you own all right, title, and interest in Customer Data. We acquire no rights other than those granted here.
7.2 License to Us. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide, secure, and support the Service and to comply with law.
7.3 Your Responsibilities. You are responsible for the accuracy and completeness of the entries you and your Users make. You represent that you have all rights, consents, and lawful bases necessary for us to process Customer Data as contemplated by these Terms, including personal details of your clients, vendors, contractors, and employees, and that Customer Data does not infringe third-party rights.
7.4 Aggregated Data. We may compile aggregated and de-identified data derived from use of the Service to operate, improve, and benchmark the Service. Such data will not identify you, your Users, or any individual, and we will not disclose it in a form that does.
7.5 Model Training. We will not use Customer Data to train machine learning models made available to other customers, except where you expressly opt in.
7.6 Data Protection. Our processing of personal data is described in our Privacy Policy at constructx.app/privacy. Where we process personal data on your behalf, we act as your data processor and follow your instructions as given through the Service.
7.7 Backups and Export. We back up Customer Data every day and keep each backup for 30 days. You are responsible for maintaining your own copies of Customer Data. Ledger exports to Excel and PDF are available within the Service on plans that include export. Generated export files are kept for a limited time and then deleted automatically.
8. Intellectual Property
We and our licensors retain all right, title, and interest in and to the Service, including all software, algorithms, interfaces, designs, trademarks (including the ConstrucTx name and logo), and documentation, and all improvements thereto. No rights are granted except as expressly stated.
Feedback. If you provide suggestions, feature requests, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without obligation or attribution.
9. Third-Party Services
The Service relies on and may link to third-party products, such as cloud hosting, SMS delivery for one-time passwords, and WhatsApp for enquiries and support ("Third-Party Services"). Your use of Third-Party Services is governed by their terms, not these Terms. We do not control, endorse, or accept responsibility for Third-Party Services. Enabling an integration, or choosing to contact us through a third-party channel, authorizes us to transmit the relevant data to that provider as needed for it to function.
10. Confidentiality
10.1 "Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is designated confidential or would reasonably be understood as confidential. Customer Data is your Confidential Information; the Service and non-public pricing are ours.
10.2 Recipient will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to personnel and advisors bound by comparable obligations.
10.3 These obligations do not apply to information that is or becomes public through no fault of Recipient, was known to Recipient without duty of confidentiality, is independently developed, or is rightfully received from a third party. Recipient may disclose Confidential Information if required by law, giving reasonable prior notice where legally permitted.
11. Service Availability and Support
11.1 Availability. We will use commercially reasonable efforts to make the Service available, excluding scheduled maintenance, emergency maintenance, and force majeure events.
11.2 Support. Support is provided by email at amika.technologies.6@gmail.com and by phone or WhatsApp at +91 95037 13694 between 10 AM and 6 PM Indian Standard Time, Monday to Saturday, per your plan tier.
11.3 Changes. We may modify, add, or discontinue features. For changes that materially degrade core functionality, we will give at least 30 days' notice where practicable.
11.4 Not Professional Advice. The Service is a record-keeping and reporting tool. It does not provide accounting, tax, legal, or financial advice, and it does not file GST or other statutory returns on your behalf. Balances, ledgers, profit and loss figures, and reminders are calculated from the entries you make. You remain responsible for your books of account, statutory compliance, and business decisions, and should consult a qualified professional where needed.
12. Term, Termination, and Suspension
12.1 Term. These Terms begin when you first accept them and continue until all subscriptions have expired or been terminated.
12.2 Termination for Convenience. You may cancel at any time, effective at the end of your current billing period. We may terminate a free or trial account at any time.
12.3 Termination for Cause. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. Either party may terminate immediately if the other becomes insolvent or enters bankruptcy or comparable proceedings.
12.4 Effect of Termination. Upon termination, your right to access the Service ceases and all outstanding fees become immediately due. We will make Customer Data available for export for 30 days after termination, after which we may delete it in accordance with our retention practices.
12.5 Survival. Sections 4.2, 7.1, 8, 10, 13, 14, 15, 16, and 17 survive termination.
13. Warranties and Disclaimers
13.1 Mutual. Each party warrants that it has the authority to enter into these Terms.
13.2 Our Warranty. We warrant that the paid Service will perform materially as described on our website and within the Service. Your exclusive remedy for breach of this warranty is for us to correct the non-conformity or, if we cannot do so within a reasonable time, terminate the affected subscription and refund prepaid, unused fees.
13.3 Disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ALL DEFECTS WILL BE CORRECTED, OR THAT FIGURES PRODUCED BY THE SERVICE ARE SUITABLE FOR STATUTORY, TAX, OR AUDIT PURPOSES.
14. Limitation of Liability
14.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. THIS INCLUDES LOSSES ARISING FROM INCORRECT ENTRIES, MISSED PAYMENT OR LOAN REMINDERS, OR TAX AND STATUTORY FILINGS PREPARED USING FIGURES FROM THE SERVICE.
14.2 Cap. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14.3 Exceptions. The above limitations do not apply to: (a) your payment obligations; (b) either party's indemnification obligations; (c) breach of confidentiality; (d) your violation of Sections 4.2 or 5; or (e) liability that cannot be excluded under applicable law, including death or personal injury caused by negligence, and fraud.
15. Indemnification
15.1 By Us. We will defend you against any third-party claim that the Service infringes that party's intellectual property rights, and indemnify you for damages finally awarded or agreed in settlement. If the Service becomes subject to such a claim, we may at our option procure the right to continue use, modify the Service, or terminate the affected subscription with a pro-rata refund. We have no obligation for claims arising from Customer Data, use in violation of these Terms, or combination with items not supplied by us.
15.2 By You. You will defend and indemnify us against any third-party claim arising from Customer Data, your use of the Service in violation of these Terms or applicable law, or your Users' conduct. This includes claims by your clients, vendors, contractors, or employees about records you keep in the Service.
15.3 Process. The indemnified party must promptly notify the indemnifying party, give it sole control of the defense, and provide reasonable cooperation.
16. Governing Law and Dispute Resolution
16.1 Governing Law. These Terms are governed by the laws of India, without regard to conflict-of-law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.
16.2 Informal Resolution. Before initiating formal proceedings, the parties will attempt in good faith to resolve the dispute through discussions for 30 days after written notice.
16.3 Venue. Subject to Section 16.2, the courts located in Surat, Gujarat, India have exclusive jurisdiction.
17. General
17.1 Changes to Terms. We may update these Terms. For material changes we will give at least 30 days' notice by email, SMS, WhatsApp, or in-app notice. Continued use after the effective date constitutes acceptance. If you object, your remedy is to stop using and cancel the Service.
17.2 Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations.
17.3 Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all assets. We may assign freely. Any other attempted assignment is void.
17.4 Notices. Notices to you may be sent to the mobile number or email on your account or posted in the Service. Notices to us must be sent to amika.technologies.6@gmail.com and Spinoza Enclave, Near True Value, Althan Canal Road, Althan, Surat, Gujarat - 395017, India.
17.5 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder stays in effect.
17.6 No Waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
17.7 Independent Contractors. The parties are independent contractors. Nothing creates a partnership, agency, or employment relationship.
17.8 Publicity. We may identify you as a customer and use your name and logo on our website and marketing materials. You may opt out by emailing amika.technologies.6@gmail.com.
17.9 Export and Sanctions. You represent that you are not located in, or a national of, a country subject to comprehensive sanctions, and are not on any restricted-party list.
17.10 Entire Agreement. These Terms, together with any Order Form and the Privacy Policy, constitute the entire agreement and supersede all prior understandings. Pre-printed terms on your purchase orders have no effect.