Vicharalaya - Terms & Conditions

Welcome to Vicharalaya! Here's what you need to know:

• Your Data, Your Control: You own all your data. We never sell it or use it to train AI models.
• Consent Management: Withdraw consent anytime. India-based consent manager available.
• Security First: All data is encrypted in transit (TLS) and at rest in our secure database.
• AI Processing: We use third-party LLM providers to power insights and coaching.
• No Training: We DO NOT train AI models on your personal data. Ever.
• Your Rights: Access, modify, export, or delete your data anytime (GDPR & DPDP Act compliant).
• No Refunds: All subscriptions are non-refundable.
• India Jurisdiction: Governed by laws of India, courts of Bangalore, Karnataka.

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By using Vicharalaya, you agree to these Terms & Conditions. You must be at least 18 years old to use this service.

Vicharalaya is owned and operated by Simarahitam Technologies Pvt. Ltd., a company registered in India.

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Vicharalaya helps you create visions, set goals, track progress, and receive AI-powered insights and coaching.

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3.1 Explicit Consent

By using Vicharalaya, you provide explicit consent for:

• Collection and processing of your personal data
• AI processing of your content for insights and coaching
• Marketing communications (you can opt-out in app)

3.2 Withdrawal of Consent

You can withdraw your consent at any time.

To withdraw consent:

• Email: hello@vicharalaya.com
• Subject: "Consent Withdrawal Request"
• Include: Your registered email address

Our India-based consent manager will process your request within 72 hours and confirm via email.

Effect of Withdrawal: Withdrawing consent will:

• Stop all data processing (except legally required retention)
• Disable AI features that require data processing
• May limit or terminate service functionality
• Initiate account deletion process (if requested)

3.3 Nomination for Consent Management

Under the Digital Personal Data Protection Act, 2023 (DPDP Act), you may nominate another individual to manage your consent in case of death or incapacity.

To nominate:

• Email: hello@vicharalaya.com
• Subject: "Consent Nomination"
• Include: Your details and nominee's name, email, and relationship

We will store this nomination securely and honor it upon verification.

3.4 Marketing Consent

You can decline marketing communications at any time:

• In-app: Profile > Notification Settings > Uncheck "Marketing Communications"
• Email: Click "Unsubscribe" in any marketing email
• Contact: hello@vicharalaya.com

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4.1 What We Collect

• Account info (email, name, profile)
• Vision and goal data
• Usage statistics (anonymized)
• Payment information (processed by Razorpay)
• Support communications
• Consent records and withdrawal requests

4.2 How We Use It

• To provide and improve the service
• To generate AI insights and reports
• To communicate with you
• To process payments
• To comply with legal obligations

4.3 What We DON'T Do

• We DO NOT train AI models on your data
• We DO NOT sell your data
• We DO NOT share data with advertisers
• We DO NOT use your data beyond stated purposes
• We DO NOT track or serve targeted ads to users under 18

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5.1 In Transit

• TLS encryption for all communications between client and server
• Secure HTTPS connections
• Industry-standard security protocols

5.2 At Rest

• Database encryption via Google Cloud Firestore
• Automatic backups and redundancy
• Geographically distributed secure data centers
• Access controls and authentication

5.3 What's Protected

• Vision descriptions and details
• Goal titles and descriptions
• Task content and notes
• Research data and ideas
• All user-generated content

5.4 Metadata

• Email and name (required for authentication)
• Timestamps and progress tracking
• Subscription status

5.5 Data Breach Notification

In the event of a data breach involving personal data:

• We will notify the Data Protection Board of India within 72 hours of becoming aware
• We will notify affected users within 24 hours via email
• Notification will include: nature of breach, data affected, remedial actions, and contact information

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6.1 AI Providers

We use third-party LLM providers to power AI-driven insights, coaching, and content generation.

6.2 Data Sent to AI

• Your vision/goal content
• Conversation context
• System prompts

6.3 Important Notes

• We DO NOT use your data to train AI models
• AI providers process data per their privacy policies
• Data is only sent when generating insights or coaching responses
• We cannot guarantee AI provider data retention policies

6.4 User Responsibility for Third-Party AI Data

IMPORTANT - Third-Party AI Data Processing:

• User Responsibility: You are solely responsible for any data, information, or content you provide to Vicharalaya that is transmitted to third-party AI models
• No Control Over AI Providers: Vicharalaya does not control how third-party AI model providers process, store, or utilize data transmitted to their systems
• No Guarantees: We make no guarantees or warranties regarding how third-party AI providers handle your data, including but not limited to retention policies, usage policies, or security measures
• Limited Governance Scope: Vicharalaya's data governance and protection commitments apply exclusively to data and content saved within our platform's secure database. Data transmitted to third-party AI providers is subject to their respective terms and privacy policies
• No Liability: Vicharalaya is not responsible or liable for any use, misuse, disclosure, or breach of data by third-party AI providers
• Informed Consent: By using AI-powered features, you acknowledge and consent to the transmission of your content to third-party AI services and accept the associated risks

6.5 AI Disclaimer & Liability

IMPORTANT - AI Limitations:

• AI insights are for informational purposes only
• We do not guarantee accuracy, completeness, or reliability of AI-generated content
• AI is not a replacement for professional advice (legal, financial, medical, or otherwise)
• AI may produce biased, incorrect, or outdated information

Liability Limitation:

• We are NOT liable for decisions made based on AI recommendations
• We are NOT responsible for errors, omissions, or harm resulting from AI-generated content
• Users are solely responsible for verifying AI outputs and making informed decisions
• We disclaim all warranties (express or implied) regarding AI accuracy or fitness for purpose

User Responsibility:

• Always verify AI-generated information with qualified professionals
• Do not rely solely on AI for critical decisions (financial, medical, legal, etc.)
• Understand the risks of using AI for decision-making

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7.1 Active Accounts

• Vision/goal data: Retained indefinitely while account is active
• Conversation history: Retained indefinitely
• Usage logs: 90 days
• Payment records: 7 years (legal requirement)
• Consent records: Retained for legal compliance

7.2 Subscription End & Cancellation Retention

When your subscription ends or is cancelled, the following data retention policy applies:

• Active Retention (1 month): User data, visions, goals, and content remain accessible for 1 month after subscription end date
• Cold Storage (1 year): After 1 month, data is moved to cold storage for 1 year, during which it can be recovered upon subscription renewal
• Permanent Deletion: After 1 year in cold storage, all user data is permanently deleted and cannot be recovered
• Payment Records Exception: Payment transaction records are retained for 7 years as required by law, regardless of subscription status

7.3 Account Deletion

If you explicitly request account deletion:

• Soft delete: 30-day recovery period
• Permanent deletion: After 30 days, all data deleted from active systems
• No recovery: Data cannot be recovered after permanent deletion
• Payment records retained: Payment transaction records remain for 7 years (legal requirement)

7.4 What's Deleted

• Account credentials
• All vision and goal data
• Conversation history
• Profile information

7.5 What's Retained

• Payment transaction records (7 years - legal requirement)
• Anonymized analytics (no personally identifiable information)
• Consent withdrawal records (legal compliance)

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8.1 Your Rights

You have the right to:

• Access your data
• Rectify inaccurate data
• Erase your data (right to be forgotten)
• Export your data (JSON format)
• Restrict processing
• Object to certain processing
• Withdraw consent at any time
• Data portability in machine-readable format

8.2 Data Protection Officer (DPO)

For all users (not just EU):

• Email: dpo@vicharalaya.com
• Response time: 30 days

8.3 Grievance Redressal Officer

Under the DPDP Act, 2023, we have appointed a Grievance Officer for India-based users:

• Email: grievance@vicharalaya.com (or hello@vicharalaya.com)
• Response time: 30 days
• Scope: Data protection complaints, consent issues, breach notifications

8.4 Contact for Rights Requests

For exercising your rights:

• Email: support@vicharalaya.com or dpo@vicharalaya.com
• Response time: 30 days

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9.1 Plans

• Free: Limited AI interactions, basic features, ad-supported (text ads only, no tracking)
• Premium: Unlimited AI, weekly reports, ad-free, priority support

9.2 Advertising Policy (Free Users)

• Free users may see non-targeted text advertisements
• No tracking or profiling for ad targeting
• No third-party ad networks with tracking cookies
• Consent: By using the free tier, you consent to see ads
• Opt-out: Upgrade to Premium for ad-free experience
• Revoke consent: Delete account or upgrade to Premium

No ads for users under 18 - We do not serve ads to users who identify as under 18 years old.

9.3 Pricing

• Details at: https://vicharalaya.com/pricing
• Billed monthly or annually
• Prices in INR, include taxes

9.4 Payment Processing

• Processed by Razorpay (PCI DSS compliant)
• We don't store credit card numbers

9.5 Cancellation & Refunds

• No refunds: All subscriptions are non-refundable
• Cancel anytime (access continues until end of current billing period)
• No refunds for partial periods or unused time

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10.1 Platform Ownership

Vicharalaya is owned by Simarahitam Technologies Pvt. Ltd.

Registered Trademarks: Vicharalaya™ (pending registration in India) Copyright: All platform code, design, and content © 2024-2025 Simarahitam Technologies Pvt. Ltd. Patents: None currently filed

10.2 Your Content

• You own your content (visions, goals, tasks)
• You grant us a limited license to provide the service
• License terminates when you delete content/account

10.3 AI-Generated Content

• Owned by you
• Subject to AI provider terms
• May not be unique (AI can generate similar content for others)
• We're not liable for copyright issues

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You may not:

• Use for illegal activities
• Harass or harm others
• Upload malware or viruses
• Spam or impersonate others
• Scrape data or overload systems
• Bypass security measures
• Reverse engineer the platform

Violations may result in account termination.

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We strive for high uptime but don't guarantee:

• Uninterrupted access
• Error-free operation
• Compatibility with all devices

12.1 Maintenance

• Announced in advance when possible
• Typically during low-usage periods

12.2 Force Majeure & Service Unavailability

Vicharalaya shall not be liable for any failure or delay in providing services due to circumstances beyond our reasonable control, including but not limited to:

• Third-Party Service Failures: Outages, disruptions, or discontinuation of third-party AI providers, cloud infrastructure (Google Cloud, Firebase), payment gateways (Razorpay), or other essential services
• Technical Failures: Server failures, network outages, database corruption, security breaches, DDoS attacks, or other technical issues
• Natural Disasters & Acts of God: Earthquakes, floods, fires, pandemics, epidemics, or other natural calamities
• Government Actions: Changes in law, government regulations, court orders, sanctions, or internet shutdowns
• Labor Disputes: Strikes, lockouts, or other industrial actions
• Financial Constraints: Inability to continue operations due to financial insolvency or business closure

In the Event of Service Unavailability:

• Notification: We will make reasonable efforts to notify users via email, app notifications, or our website about service disruptions and expected restoration timelines
• Best Efforts: We will use commercially reasonable efforts to restore services as quickly as possible
• Extended Outages (7+ Days): If services are unavailable for more than 7 consecutive days due to force majeure, we will provide pro-rata subscription credits for the affected period (excluding periods already covered by refund policy)
• Permanent Closure: If Vicharalaya permanently ceases operations, users will be notified at least 30 days in advance (if possible), and will be provided with the ability to export their data
• No Refunds for Force Majeure: Except for pro-rata credits as mentioned above, no refunds will be provided for service unavailability due to force majeure events
• Data Preservation: We will make reasonable efforts to preserve user data during force majeure events, but cannot guarantee data integrity or availability in all circumstances

Limitation of Liability: Vicharalaya, its directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from service unavailability due to force majeure events, including but not limited to loss of data, business interruption, or lost profits.

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IMPORTANT: Service provided "AS IS" without warranties.

13.1 We are NOT liable for:

• Indirect, consequential, or punitive damages
• Loss of profits, data, or business
• Inaccurate, misleading, or harmful AI recommendations
• Decisions made based on AI-generated content
• Data loss due to user error
• Third-party service issues (including AI providers)
• AI errors, biases, hallucinations, or omissions

13.2 Maximum Liability

Amount you paid in last 12 months or ₹10,000, whichever is less.

13.3 AI-Specific Liability Exclusions

• We do NOT guarantee AI accuracy, reliability, or fitness for any purpose
• We are NOT responsible for harm resulting from following AI advice
• We are NOT liable for AI-generated content that violates laws or third-party rights
• Users assume full responsibility for verifying and acting on AI outputs

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You agree to indemnify Vicharalaya from claims arising from:

• Your use of the service
• Violation of these Terms
• Violation of third-party rights
• Your content
• Decisions made based on AI-generated content

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15.1 Data Storage

• India: Primary data center
• United States: AI processing
• Google Cloud: Multiple regions

15.2 Cross-Border Transfers

• Standard Contractual Clauses for EU transfers
• All transfers encrypted in transit
• GDPR & DPDP Act compliant

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Service not intended for users under 18. We don't knowingly collect data from children.

Special Protections for Users Under 18:

• No tracking of minors
• No targeted advertising to minors
• No profiling for commercial purposes
• Parents/guardians can request deletion of minor's data at: hello@vicharalaya.com

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17.1 By You

• Delete account anytime through settings
• Data deletion after 30-day soft delete period

17.2 By Us

• For Terms violations
• For illegal activity
• For non-payment
• With 30 days notice (without cause)

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18.1 Governing Law

• Governed by laws of India
• Jurisdiction: Courts of Bangalore, Karnataka, India

18.2 Resolution Process

• Informal resolution (30 days) - Contact grievance@vicharalaya.com
• Mediation (if needed)
• Binding arbitration (Arbitration and Conciliation Act, 1996)
• Litigation - Exclusive jurisdiction: Courts of Bangalore, Karnataka, India

18.3 Class Action Waiver

Disputes resolved individually, not as class actions.

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Material changes notified 30 days in advance via:

• In-app notification
• Email
• Website announcement

Continued use = acceptance of changes.

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20.1 General Support

• Email: support@vicharalaya.com
• Response: Within 48 hours (business days)

20.2 Consent Management

• India-based Consent Manager: hello@vicharalaya.com
• Scope: Consent withdrawal, nomination requests
• Response: Within 72 hours

20.3 Legal & Privacy

• Legal: legal@vicharalaya.com
• Data Protection Officer: dpo@vicharalaya.com

20.4 Grievance Redressal Officer (India - DPDP Act)

• Email: grievance@vicharalaya.com (or hello@vicharalaya.com)
• Name: [To be appointed]
• Scope: Data protection complaints, DPDP Act violations, breach notifications
• Response: Within 30 days

20.5 Premium Support

• Priority response within 24 hours

20.6 Postal Address

Simarahitam Technologies Pvt. Ltd.
Unit 101, Oxford Towers
139, HAL Old Airport Road
Kodihalli, H.A.L. II Stage
Bangalore North
Karnataka, India - 560008

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Encryption

• TLS encryption in transit
• Database encryption at rest via Google Cloud
• Industry-standard security practices

Infrastructure

• Google Cloud Platform (Firestore)
• ISO 27001 compliant
• GDPR & DPDP Act compliant
• Regular security updates

Your Control

• Full data ownership
• Export anytime (JSON)
• Delete anytime
• Withdraw consent anytime
• Complete transparency

Our Commitments

• No AI training on your data
• No data selling
• 24-hour user notification on data breach
• 72-hour Data Protection Board notification on data breach
• 30-day response to rights requests
• Consent withdrawal within 72 hours

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This Terms & Conditions document complies with the Digital Personal Data Protection Act, 2023 (DPDP Act) including:

• ✅ Consent Management: Clear consent mechanisms and withdrawal process
• ✅ Consent Nomination: Provision for nominating consent manager
• ✅ Grievance Redressal: Dedicated officer for India-based users
• ✅ Data Breach Notification: 72-hour Board notification, 24-hour user notification
• ✅ Children's Protection: No tracking/targeting of minors
• ✅ India Jurisdiction: Bangalore courts, Indian law
• ✅ Transparency: Clear data practices, retention, and rights

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By using Vicharalaya, you agree to these Terms & Conditions.

Version 2.3 | Effective: January 20, 2025

© 2024-2025 Simarahitam Technologies Pvt. Ltd. All rights reserved.