Terms Conditions And DPA
PART I: TERMS CONDITIONS (TOC)
Effective Date: 7th December 2025
- Acceptance of Terms and Contract Formation
By using the Ask Mitoto Service, you agree to these Terms and the DPA, forming the binding Contract. Furthermore, by using this Website, you represent and warrant that you are at least 18 years of age. You warrant the authority to agree on behalf of your organization. Discontinue use immediately if you do not agree to these Terms.
- Description of the Service
Ask Mitoto provides an AI-powered SaaS platform offering BI analytics, reports, and data-driven insights. The Service is provided “as is” and is subject to the terms of your subscription plan.
- License Grant and Restrictions
We grant a limited, non-transferable license to use the Service solely for your internal business purposes. You must not reverse engineer the software, use unauthorized data, circumvent payment systems, or misuse insights for unlawful activities.
- Subscription Plans and Data Usage
- Free Plan: Provides limited features; your anonymized data may be used for service improvement and model training.
- Paid Plan: Provides full features; your data is used strictly for service delivery as defined in your Order Form.
- Ownership and Proprietary Rights
You own all uploaded Customer Data. Ask Mitoto retains exclusive ownership of its software, algorithms, AI models, and all generated intellectual property. We own all aggregated, de-identified Usage Information.
- Payments, Billing, and Taxes
Subscriptions automatically renew unless canceled. All paid fees are non-refundable except where required by law. You are solely responsible for all applicable Taxes (VAT, sales tax, etc.). Failure to pay may result in immediate account suspension.
- Confidentiality and Security
Both parties must safeguard the other’s Confidential Information (including Customer Data). Ask Mitoto will maintain commercially reasonable technical and organizational safeguards, consistent with industry standards, to protect your data.
- Responsibilities of the Customer
You are responsible for all Authorized User conduct. You warrant you have all rights and authority for any data source connected to the Service; Ask Mitoto is not responsible for unauthorized data. You are solely responsible for final actions or decisions based on AI-generated insights, which are informational only.
- DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. Ask Mitoto expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability
In no event shall Ask Mitoto’s aggregate liability exceed the total fees paid by you in the twelve (12) months preceding the claim. We are not liable for indirect, consequential, special, or punitive damages, including loss of profits or data.
- Customer Indemnification
You agree to defend and indemnify Ask Mitoto against all third-party claims, damages, and costs arising from: (a) your Customer Data infringing any rights; (b) your breach of these Terms; or (c) your unlawful use of the Service.
- Term and Termination
The Contract lasts until subscriptions expire or termination occurs. Either party may terminate for an uncured material breach within thirty (30) days. All fees are non-refundable upon termination, and data handling is governed by the DPA.
- Feedback and Suggestion
If you provide any feedback, suggestions, or ideas regarding the Service, you grant Ask Mitoto an irrevocable, perpetual, worldwide, royalty-free license to use that information for any purpose without any obligation or compensation to you.
- Governing Law and Jurisdiction
This Contract is governed exclusively by the laws of India. The Courts of Ahmedabad, Gujarat shall have exclusive jurisdiction over any disputes.
- Miscellaneous
This Contract is the entire agreement. We reserve the right to modify these Terms at any time; continued use constitutes acceptance. The parties are independent contractors.
PART II: DATA PROCESSING ADDENDUM (DPA)
- Purpose
This DPA governs Ask Mitoto’s processing of Customer Data, ensuring compliance with global data protection standards.
- Roles and Responsibilities
The Customer is the Data Controller; Ask Mitoto is the Data Processor, acting strictly on Customer instructions.
- Scope of Processed Data
Data processed includes uploaded datasets, schema information, activity logs, and AI insights/reports.
- Processor Obligations (Ask Mitoto)
Ask Mitoto processes data per Customer instructions, maintains technical and organizational security (encryption, RBAC), and notifies the Customer promptly upon a data breach.
- Sub-Processors and Data Transfers
We use authorized sub-processors (e.g., AWS, LLM providers) bound by equivalent obligations. All Customer Data is hosted in India (AWS Mumbai). International transfers follow lawful safeguards.
- Retention Deletion
Data may be retained for service optimization and legal compliance. We honor written deletion requests upon termination, unless mandatory law requires retention.
- Controller Responsibilities
Customer warrants they have the legal authority and necessary consents to transfer the Customer Data to Ask Mitoto. Customer remains responsible for the accuracy and legality of the data.
- Governing Law
This DPA is governed exclusively by the laws of India. The Courts of Ahmedabad, Gujarat shall have exclusive jurisdiction.