Comsky Terms of Service

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”), the terms and conditions specific to use of an individual Service (hereinafter the “Product Schedule”), and the following policies, each of which forms part of this Agreement: the Privacy Policy, the Acceptable Use Policy, the Cookie Policy, the Grievance Redressal Policy, the Refund Policy and, where a Service states one, the Service Level Agreement. Where we have signed a Data Processing Agreement with you (hereinafter the “DPA”), it also forms part of this Agreement. In the event of a conflict, the documents prevail in this order: the Product Schedule, the General Terms, and then the policies, except that the DPA prevails on the processing of personal data.

Acceptance of the Agreement

You must be at least eighteen years of age and legally able to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to a Product Schedule, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance, by creating an account, or by actually using the Services. You accept a Product Schedule when you first activate that Service. If you accept the Agreement for an organisation, you confirm that you have authority to bind it.

Description of Service

We provide business software, applications and cloud infrastructure under the name Comsky, including the related consoles, APIs and mobile applications (“Service” or “Services”). You may use the Services for the internal business purposes of the organisation that you represent. You are responsible for obtaining Internet access and the equipment necessary to use the Services.

Each Service carries a status on comsky.ai/products. A Service marked Live is open for purchase and use under this Agreement and any Service Level Agreement that applies to it. A Service marked Early Access is covered by the section on Early Access Services below. A Service marked Building is not yet available, and its description is a plan, not a promise. A change of status does not require a change to this Agreement.

We may improve, change or retire features of a Live Service. For a paid feature, we will give at least thirty days’ notice of a change that materially reduces what it does, unless the change is needed for security, legal compliance or to stop abuse.

Early Access Services

We may offer certain Services or features as closed or open early access services (“Early Access Services”) for the purpose of testing and evaluation. We have sole discretion over the period of testing and over whether to offer an Early Access Service commercially. You are under no obligation to buy a paid Service because you used an Early Access Service. Early Access Services are provided as-is, without any warranty or service level. You should not rely on them for critical production use, and you should keep your own copy of the data you put into them. We reserve the right to fully or partially discontinue an Early Access Service at any time, temporarily or permanently, with or without notice to you, and we will not be liable to you or to any third party for any harm arising from its modification, suspension or discontinuance. Data in an Early Access Service may be deleted when it ends, after we give you reasonable notice to export it. We may use any feedback you give us freely to improve our Services, and details of unreleased features are our confidential information.

Free Trial

If you register for a free trial of one or more Services, we will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable Services (unless terminated earlier by you), (ii) the start date of your paid plan or use of your prepaid wallet (see Fees and Payments) for the applicable Services, or (iii) termination by us. You do not need a payment card to start a trial, and a trial does not turn into a paid plan unless you choose one. Any data that you enter into the Services, and any customisations made to the Services during the free trial, will be permanently lost unless you (i) buy a paid plan for the account, or (ii) export such data before the end of the trial period. Services are offered as-is during the free trial, without any warranty, support or liability whatsoever, to the extent permitted by law.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. One account gives you access to every Service you activate. If you represent an organisation, we recommend that you, and all other users from your organisation, sign up using your corporate contact information and corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; (ii) maintain and promptly update that information to keep it true, accurate, current and complete; (iii) keep your credentials confidential and use the security options we offer, such as multi-factor authentication; and (iv) inform us immediately of any unauthorised use of your account by email to [email protected]. You are responsible for all activities that occur under your account, including the activities of the users you invite (“Authorised Users”), and for their compliance with this Agreement. If you provide any information that is untrue, inaccurate, outdated or incomplete, or if we have reasonable grounds to suspect that it is, we may terminate your account and refuse current or future use of any or all of the Services.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make them available to any third party; (ii) provide any service based on the Services, or resell them, except as an approved partner under a signed agreement with us (see Partners and Resellers); (iii) allow user licences to be shared or used by more than one individual, other than by reassigning the licence to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services, or use them to build a competing service; (v) attempt to gain unauthorised access to the Services or their related systems or networks, or test their security without our written permission; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system or resource of Comhard or of any other customer; (vii) use the Services to send or store material containing software viruses, worms or other harmful computer code, files, scripts or programs; (viii) use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, their components and the data contained in them, or attempt to reach another customer’s data; (ix) bypass limits, security controls or billing; (x) create a false identity to mislead any person as to the identity or origin of any communication; (xi) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information for which you do not have consent or permission; (xii) use the Services for transmitting information that is patently false and untrue, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (xiii) use the Services in any manner that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with other countries, or public order, or that incites the commission of any cognisable offence or prevents the investigation of any offence; (xiv) violate any applicable local, state, national or international law; and (xv) remove or obscure any proprietary or other notices contained in the Services.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, harmful to children, racially or ethnically objectionable, or otherwise objectionable, that offends religious sentiments, contains viruses or malicious code, or that infringes or may infringe intellectual property or other rights of another. You must never store, create or share child sexual abuse material, and we will report it to the authorities.

You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email, messages or calls. When you send messages or make calls through a Service, you must contact only people who have agreed to hear from you, honour opt-outs promptly, follow the rules of the platform you send through (such as the WhatsApp Business terms of Meta), follow the rules of the Telecom Regulatory Authority of India and the Do Not Disturb registry, register sender identities and templates where Indian telecom rules require, tell people before you record a call, and not spoof sender names, numbers or caller identities. You must not use infrastructure Services for cryptocurrency mining, port scanning, open mail relays or attack tools, or to host phishing sites, malware or command-and-control servers. The Acceptable Use Policy gives further detail.

We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorised activity.

Third Party Applications

Some Services integrate with third party applications and platforms, such as WhatsApp Business (Meta), TallyPrime (Tally Solutions), email providers and payment gateways (hereinafter “Third Party Applications”). Access and use of Third Party Applications may require acceptance of terms of service and privacy policies applicable to them (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application, and for holding any licence or account they require. For example, you need a valid TallyPrime licence to use TallyBridge. You acknowledge and agree that Comhard is not liable for any Third Party Application. While we will try to provide you with advance notice whenever reasonably possible, you acknowledge and agree that we may, at any time and in our sole discretion, suspend, restrict or disable access to, or remove from the Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

Fees and Payments

The Services are priced as shown on each Service’s page on comsky.ai. Billing models differ by Service: some are metered and paid from a prepaid wallet, some are charged per device and storage, and some are yearly licences. All prices are in Indian Rupees. Cloud prices include GST. For other Services, GST is added at the rate in force and shown on your invoice.

Metered Services are paid from a prepaid wallet that you top up (hereinafter the “Wallet”), and we charge against it as you use the Service. Wallet balance can be used only for Comsky Services. It cannot be transferred or withdrawn as cash, except as the Refund Policy or the law provides. We warn you before your Wallet reaches zero. If it does, you have a grace period of seven days, after which we may suspend your resources as set out under Suspension and Termination.

Subscriptions do not auto-renew by default. Your subscription expires at the end of the paid term unless you switch auto-renewal on from your account settings. Where auto-renewal is on, we raise the invoice and settle it from your Wallet. If your Wallet balance is insufficient, we will notify you and attempt to collect payment. Continued non-payment may result in suspension of the Service.

A yearly licence, such as a TallyBridge licence, ends at the close of the year unless you renew it. We will remind you at least seven days before it ends.

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. We will give at least thirty days’ notice before a price change applies to you. It applies from your next billing cycle or renewal, and does not change a top-up you have already made. You will not be charged for using any Service unless you have opted for a paid plan or Wallet.

In the event any tax such as GST is chargeable by Comhard under applicable law with respect to your use of our Services (“Taxes”), we will invoice you for such Taxes, and you agree to pay them in addition to the fees. We will provide you with an invoice in the format prescribed by law to help you avail the applicable input tax credit, and you agree to give us a valid GSTIN for that purpose. If you must deduct tax at source (TDS), you will deposit it with the government and give us the certificate.

Fees are due as stated on the invoice or at checkout. If you think an invoice or charge is wrong, tell us at [email protected] within thirty days, and pay the undisputed part while we look into it. Refunds and credits follow the Refund Policy and the Product Schedule. Except where those documents or the law say otherwise, fees paid are not refundable.

Organisation Accounts and Administrators

When you sign up for an account for your organisation you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organisation account. If your organisation account is created and configured on your behalf by a third party, it is likely that such third party has assumed the administrator role for your organisation. Make sure that you enter into a suitable agreement with such third party specifying its roles and restrictions as an administrator of your organisation account. We may follow the instructions of that third party on your account unless you tell us otherwise in writing.

You are responsible for (i) ensuring confidentiality of your organisation account password, (ii) appointing competent individuals as administrators for managing your organisation account, and (iii) ensuring that all activities that occur in connection with your organisation account comply with this Agreement. You understand that Comhard is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps for ensuring that your organisation does not lose control of the administrator accounts, and for keeping at least one active administrator. You may specify a process to be followed for recovering control in the event of such loss by sending an email to [email protected], provided that the process is acceptable to us. In the absence of any specified process, we may provide control of an administrator account to an individual providing proof satisfactory to us demonstrating authorisation to act on behalf of the organisation. You agree not to hold Comhard liable for the consequences of any action taken by us in good faith in this regard.

Partners and Resellers

If you buy through a reseller, distributor or other partner approved by us (hereinafter a “Partner”), the Partner is an independent business, not our agent, and cannot change this Agreement or make promises on our behalf. Your price, payment terms and first-line support for that purchase are as agreed with the Partner. This Agreement still applies to your use of the Services. A Partner answers for the conduct of its customers under the Acceptable Use Policy, and we may raise a breach with the Partner first. Partners resell the Services only under a signed Partner agreement.

Personal Information and Privacy

Personal information you provide to Comhard through the Services is governed by the Comsky Privacy Policy. The Privacy Policy explains how we handle personal information. Where the law requires your consent, we ask for it separately.

For the data, files, messages, records and content that you put into the Services (“Customer Data”), we act as your data processor and you decide how it is used. Where the law or your business needs it, we will sign a Data Processing Agreement with you, and we will send you the current sub-processor list on request. You are responsible for having the notices, consents and lawful grounds that your use of the Services needs. This matters most for customer chats and messages, recorded calls, and employee or payroll data.

You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account, and you agree to inform us immediately of any unauthorised use of your account by email to [email protected]. We are not responsible for any loss or damage to you or to any third party incurred as a result of unauthorised access to or use of your account, except to the extent it is caused by our failure to use reasonable security measures.

Communications from Comsky

The Services may include certain communications from us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. You can opt out of newsletters and marketing emails at any time. However, you will not be able to opt out of service announcements and administrative messages while you have an account.

Complaints

If we receive a complaint from any person with respect to your activities as part of use of the Services (other than where the grievance redressal mechanism provided under the head “Grievance Redressal” applies), we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Comhard in the communication. If you do not respond within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant where the law requires, to enable the complainant to take legal action.

Grievance Redressal

In case of any grievance, as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, our Grievance Officer, Ajay Gupta, can be contacted by sending an email to [email protected]. Our Grievance Redressal Policy explains how we acknowledge, resolve and escalate complaints.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and an option to back up your data. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Hosting Location

Customer Data is hosted in India, and we will not move it outside India without telling you first. Where a feature depends on a third-party platform that works outside India, such as WhatsApp (Meta), the data it carries is also handled under that platform’s terms. Our Privacy Policy lists any exceptions.

Data Ownership

We respect your right to ownership of content created or stored by you. You own your Customer Data. Unless specifically permitted by you, your use of the Services does not grant Comhard the licence to use, reproduce, adapt, modify, publish or distribute your Customer Data for our commercial, marketing or any similar purpose. But you grant us permission to access, copy, store, transmit and reformat your Customer Data solely as required to provide and secure the Services to you and as you instruct us.

We use reasonable technical and organisational measures to protect Customer Data, described on our Security page. If we confirm a personal data breach affecting your Customer Data, we will tell you without undue delay.

You can export your Customer Data in an open format, without asking us, while your account is active and for thirty days after it ends. After that we delete it, except where the law requires us to keep it. Backups are deleted on their normal cycle. We may use aggregated, de-identified usage data to run and improve the Services, and it will not identify you or your customers.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. By making any copyrighted or copyrightable content available on any of the Services, you affirm that you have the consent, authorisation or permission from every person who may claim any rights in such content to make it available in that manner. If we receive a complaint concerning any illegality or infringement of third party rights in such content, we have the right to block access to or remove it, as the law requires or where the complaint appears valid. If you wish to object to the blocking or removal of content, write to [email protected].

Sample Files and Demo Data

We may provide sample files, demo data and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and demo data consists of random data. Comhard makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark and Intellectual Property

Comsky, the Comsky logo, the names of individual Services and their logos are trademarks of Comhard Technologies Pvt Ltd. The software, design and documentation of the Services belong to Comhard and its licensors. While your account is active, we give you a limited, non-exclusive, non-transferable right to use the Services for your own business under this Agreement. You agree not to display or use the Comsky trademarks in any manner without our prior permission. You keep all rights in your Customer Data and content, and neither of us gets rights in the other’s property beyond what this Agreement says. Neither of us will use the other’s name or logo in marketing without written permission, and we list customers on our website only with their consent.

Confidentiality

Each of us will keep the other’s non-public business and technical information confidential, use it only to perform this Agreement, and protect it with reasonable care. This does not apply to information that is public through no fault of the recipient, was already known to it, was independently developed, or must be disclosed by law. These duties last for three years after this Agreement ends, and for as long as the information stays a trade secret.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE. APART FROM WHAT THIS AGREEMENT, A PRODUCT SCHEDULE OR A SERVICE LEVEL AGREEMENT EXPRESSLY PROMISES, THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMHARD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMHARD MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. EARLY ACCESS SERVICES CARRY NO WARRANTY OF ANY KIND. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COMHARD, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU AGREE THAT COMHARD SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, REVENUE, GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF COMHARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COMHARD’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER DIRECT OR INDIRECT, IS LIMITED TO THE AMOUNT OF ONE MONTH’S SERVICE FEE PAID BY YOU FOR THE RELEVANT SERVICE. FOR A FREE SERVICE OR TRIAL, COMHARD HAS NO LIABILITY. NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR FRAUD, WILFUL MISCONDUCT, DEATH OR PERSONAL INJURY, OR ANYTHING ELSE THAT CANNOT BE LIMITED BY LAW. YOU ARE RESPONSIBLE FOR KEEPING YOUR OWN COPIES OF IMPORTANT DATA, UNLESS YOU USE A BACKUP SERVICE WHOSE PRODUCT SCHEDULE SAYS OTHERWISE.

Indemnification

By you. You will defend us and our affiliates, directors and employees, and cover our reasonable losses and legal costs, in respect of any third-party claim that arises because you or your Authorised Users (i) broke the law, (ii) broke this Agreement or the Acceptable Use Policy, (iii) infringed a third party’s rights, (iv) put Customer Data into the Services without the rights or consents needed, or (v) caused a security breach by failing to maintain adequate security measures on your account and credentials.

By us. If a third party claims that a Service itself infringes its intellectual property rights in India, we will defend you and pay the damages a court finally awards, or that we agree in settlement, provided you tell us promptly and let us control the defence and settlement. This does not cover claims caused by your data, your changes, or use of the Service with things we did not supply. If such a claim is made or is likely, we may modify the Service or get you the right to keep using it.

Limit. Our liability under this section counts towards the limit in the Limitation of Liability section. Your obligations under “By you” are not limited by that section.

Governing Law and Jurisdiction

This Agreement is governed by the laws of India, without regard to conflict of law principles. We will first try to settle any dispute through good-faith discussion for thirty days after written notice. If that fails, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement. The seat and venue of arbitration shall be Noida, Uttar Pradesh, India. Proceedings shall be conducted in English. Subject to this, any controversy or claim arising out of or relating to this Agreement shall be adjudicated exclusively by the courts of New Delhi, including for urgent interim relief.

Suspension and Termination

You can cancel a Service or close your account at any time from your account settings. For wallet-billed Services there is no minimum term or notice period: when you stop using a Service, the charges stop. For yearly licences, cancellation takes effect at the end of the current licence year. Refunds are only as set out in the Refund Policy.

We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of (i) an invoice that is overdue and stays unpaid seven days after we notify you, or a Wallet that stays at zero after the grace period; (ii) a breach of the Acceptable Use Policy, or use that threatens the security or stability of the Services or other customers; (iii) any suspected illegal activity; or (iv) an order or request of a court, regulator, law enforcement or other government agency, or where the law requires it. We will limit a suspension to what is needed, tell you why where the law allows, and restore access once the cause is fixed. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension.

While a Service is suspended for non-payment, we keep your resources and data for thirty days. If the amount due is still unpaid after that, we may terminate the account and delete the data after giving you a further seven days’ notice. We may also terminate an account suspended for any other reason if the cause is not fixed within thirty days.

Either of us may end this Agreement for a material breach that the other fails to fix within thirty days of written notice. We may end it immediately for serious or repeated breach of the Acceptable Use Policy, or if the law requires. Termination of a user account will include denial of access to the Services. You may export your Customer Data for thirty days after termination, after which we delete the information in your user account, except where the law requires us to keep it. Amounts due remain payable, and sections that by their nature should continue, including those on confidentiality, liability, indemnification and governing law, survive.

Modification of Terms of Service

We may modify this Agreement upon notice to you through a service announcement or by sending an email to your primary email address. If we make material changes that affect your rights, we will give you at least thirty days’ advance notice by email before the change takes effect. A change required by law, or needed to protect the security of the Services, may take effect sooner, as the notice states. If you do not agree to a material change, you may stop using the Services and notify us in writing before the effective date. Any refund is only as set out in the Refund Policy. A material change that substantially affects your rights under a yearly licence applies from your next renewal. Changes to how we handle personal data are made under the Privacy Policy. Your continued use of the Services after the effective date of a change will be deemed to be your agreement to the modified Agreement.

General

This Agreement is the whole agreement between us on its subject and replaces earlier discussions. We send notices to the email address on your account, and you send notices to [email protected]. You may not transfer your rights under this Agreement without our written consent, and we may transfer ours to a group company or to a successor to our business. Neither of us is liable for delay caused by events beyond reasonable control, other than payment obligations. If a provision is unenforceable, the rest continues, and a failure to enforce a right is not a waiver of it. This Agreement is valid as an electronic record under the Information Technology Act, 2000, and needs no signature.

End of Terms of Service

If you have any questions or concerns regarding this Agreement, please contact us at [email protected], or write to Comhard Technologies Pvt Ltd, Noida, Uttar Pradesh, India. Support is available at [email protected] or [email protected].

Last updated on 2 November 2026