Terms of Service
Please read these Terms carefully. They form a binding agreement between you and Collectay. If you do not agree, please do not use the Service. Our Privacy Policy explains how personal data is handled and forms part of these Terms.
1. Acceptance of these Terms
These Terms of Service (“Terms”) govern your access to and use of the Collectay website, web application, APIs and related services (together, the “Service”), operated by Collectay (“Collectay”, “we”, “us”, “our”). By creating an account, signing in, or otherwise using the Service, you confirm that you have read and agree to these Terms. If you use the Service on behalf of a business, you represent that you are authorised to bind that business, and “you” includes that business. This is an electronic record under the Information Technology Act, 2000 and does not require a physical or digital signature.
2. The Service
Collectay is a cashflow and collections platform for businesses. It lets you record customers and invoices, track payments, send payment reminders and greetings to your customers over channels such as WhatsApp, SMS, email and (where available) voice, automate follow-up sequences, and view reports and AI-generated insights.
Some features are labelled “Preview”, “Beta” or “Coming soon”. These may be incomplete, may change or be withdrawn, and are provided without any commitment of availability. Features that require third-party approvals or credentials (for example WhatsApp message templates, SMS sender registration or payment-gateway keys) work only after those are configured.
3. Eligibility and your account
- You must be at least 18 years old and capable of entering into a binding contract under Indian law, and you must use the Service for business purposes.
- You must provide accurate, current and complete registration and business information and keep it updated.
- You are responsible for keeping your password and one-time passcodes (OTP) confidential and for all activity under your account. Notify us immediately at support@collectay.com if you suspect unauthorised access.
- You may sign in with your email, mobile number or a supported third-party identity provider such as Google. One person or business may not maintain multiple accounts to abuse trials or limits.
4. Your data and consents
You retain ownership of the data you upload or generate in the Service, including business details, customer records, invoices and payment records (“Customer Data”). You grant Collectay a limited, non-exclusive licence to host, process, transmit and display Customer Data solely to provide, secure and support the Service for you.
For Customer Data that contains personal data of your own customers, you act as the data fiduciary (controller) and Collectay acts as your data processor. You are responsible for ensuring that you have a lawful basis and any required consent or notice to share that data with us and to contact those individuals through the channels you choose, and for responding to requests from your customers about their data.
5. Messaging rules and compliance
You alone decide who receives messages and what they say. You agree that you will:
- send messages only to people with whom you have a genuine business relationship and who have not opted out, and honour opt-out requests promptly;
- obtain WhatsApp opt-in as required by WhatsApp’s Business and Commerce Policies, and use only approved message templates for business-initiated messages;
- comply with the Telecom Commercial Communications Customer Preference Regulations (TRAI), including DLT registration of headers, entities and templates for SMS, and with Do-Not-Disturb rules;
- comply with the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 and the rules under them, and any other law that applies to your communications and collections practices;
- conduct collections lawfully and respectfully, without threats, harassment, intimidation, deception, or contact at unreasonable hours.
Collectay provides tools such as business-hours-only sending and message previews, but does not review your messages and is not responsible for their content or for any claim arising from them. We may suspend sending if we reasonably believe it breaches this section or a provider’s policy.
6. Acceptable use
You must not, and must not allow others to:
- use the Service for unlawful, fraudulent, defamatory, obscene, abusive or misleading purposes, or to send spam or unsolicited bulk messages;
- upload malware, probe or test the vulnerability of the Service, bypass security or rate limits, or interfere with other users;
- scrape, reverse engineer, resell or sublicense the Service except as we expressly allow;
- impersonate any person or business, or misrepresent your relationship with a customer;
- submit card numbers, bank passwords or government identity numbers of third parties into free-text fields.
7. AI-generated content
Parts of the Service, such as AI insights, forecasts, the Saathi assistant, message suggestions, greeting text and card images, use automated systems including large language models. AI output may be inaccurate, incomplete or unsuitable for your situation. It is provided for convenience and is not legal, tax, accounting or financial advice. You are responsible for reviewing AI-generated content before relying on it or sending it to customers. Where AI features are processed by third-party providers, only the data needed for the request is sent (see the Privacy Policy).
8. Third-party services
The Service depends on third parties such as WhatsApp (Meta), SMS and email gateways, telecom networks, payment gateways, cloud hosting, Google sign-in and AI model providers. Their availability, pricing, policies and approvals are outside our control. We do not guarantee delivery, read status or response of any message, and your use of those services may also be subject to their own terms. A link or integration to a third-party service does not mean we endorse it.
9. Fees, trials and billing
- Some features may be free or offered on a trial. Paid plans, where available, are described at the time of purchase, are billed in advance, and exclude applicable taxes such as GST, which are charged additionally.
- Third-party costs (for example WhatsApp conversation charges, SMS and voice credits) may be billed separately or passed through at the rates shown to you.
- Unless required by law or stated otherwise at purchase, fees already paid are non-refundable. We will give reasonable prior notice of any price change before it applies to you.
- We may suspend paid features for overdue amounts after notice.
10. Intellectual property
The Service, including its software, design, logos, templates, documentation and the Collectay name, is owned by Collectay or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Service for your internal business purposes. If you give us feedback, you allow us to use it without restriction or compensation. You are responsible for ensuring that logos, images, text and media you upload do not infringe anyone’s rights.
11. Availability and support
We work to keep the Service available and secure but do not promise uninterrupted or error-free operation. We may perform maintenance, and we may modify or discontinue features, giving reasonable notice where practicable. Support is provided by email at support@collectay.com on a commercially reasonable basis. You are responsible for keeping your own copies of important data; an export is available from Settings.
12. Suspension and termination
You may stop using the Service and delete your account at any time from Settings. We may suspend or terminate access, immediately where necessary, if you breach these Terms or the law, if required by a provider or authority, or if your use creates risk for the Service or others. On termination your right to use the Service ends. We delete or de-identify account data as described in the Privacy Policy, except where we must retain it by law. Sections that by their nature should survive (including data responsibilities, intellectual property, disclaimers, liability, indemnity and governing law) continue after termination.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that using the Service will result in any particular amount of collections, recovery or cashflow improvement.
14. Limitation of liability
To the maximum extent permitted by law, Collectay and its directors, employees and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data, arising out of or related to the Service. Our total aggregate liability for any claim relating to the Service will not exceed the fees you paid to Collectay for the Service in the three (3) months preceding the event giving rise to the claim, or INR 10,000 if you have not paid any fees. Nothing in these Terms limits liability that cannot be excluded under applicable law.
15. Indemnity
You will indemnify and hold Collectay harmless from claims, losses, penalties and reasonable costs (including legal fees) arising from your Customer Data, the messages you send, your breach of these Terms or the law, or your infringement of any third party’s rights.
16. Governing law and disputes
These Terms are governed by the laws of India. The parties will first try to resolve any dispute in good faith by written notice to the other. Failing that, the courts of competent jurisdiction in India will have exclusive jurisdiction, subject to any mandatory rights you have under applicable law.
17. Changes to these Terms
We may update these Terms from time to time. For material changes we will give notice through the Service or by email before they take effect. The “Last updated” date above shows the current version. Continuing to use the Service after changes take effect means you accept them; if you do not, you should stop using the Service and may delete your account.
18. Contact and grievances
- General and account support: support@collectay.com
- Legal notices: legal@collectay.com
- Grievances and privacy requests: see the Grievance Officer details in our Privacy Policy.