Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Kensara AI website located at https://www.kensara.in and any AI-assisted compliance work plans, reports, or outputs shared with you (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing our website, submitting information through our forms, or receiving any AI-generated outputs from us, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately cease using our Services.

These Terms are a legally binding agreement between you ("User," "you," or "your") and Kensara AI. Continued use of the Services constitutes your acceptance of the most current version of these Terms.

2. About Kensara AI

Kensara AI is incorporated and operates in Guwahati, Assam, India. We provide AI-assisted guidance to help organisations understand and plan for data protection, privacy compliance, and regulatory readiness, particularly in relation to the Digital Personal Data Protection Act, 2023 (DPDPA) and associated regulations issued by the Data Protection Board of India.

Website: https://www.kensara.in

Registered Office: Guwahati, Assam, India

Contact: For all queries including data protection matters, please use the contact form at our website.

3. Scope of These Terms

These Terms apply to: all visitors to and users of https://www.kensara.in.

These Terms apply to: individuals and organisations who submit information through our website forms or intake processes.

These Terms apply to: recipients of AI-assisted compliance guidance, work plans, reports, or any other outputs generated by our Services.

These Terms do not create a legal advisory, solicitor-client, consultant-client, or professional services relationship between you and Kensara AI. Nothing in these Terms or our outputs should be construed as legal advice.

4. Data Protection and Privacy — DPDPA 2023 Compliance

Kensara AI is committed to full compliance with the Digital Personal Data Protection Act, 2023 (DPDPA) and all rules and regulations notified thereunder. This section sets out your rights and our obligations under the DPDPA.

4.1 Our Role under the DPDPA: Under the DPDPA, Kensara AI acts as a Data Fiduciary in respect of personal data you submit to us directly via our website and intake forms. Where we process personal data on behalf of another organisation, we act as a Data Processor under that organisation's instructions.

4.2 Personal Data We Collect: We may collect contact and identity information (name, email address, designation, organisation name), information submitted in compliance assessment forms or questionnaires, usage data and technical information (IP address, browser type, pages visited), and communication records when you contact us.

We do not knowingly collect Sensitive Personal Data or personal data of children (persons under 18 years of age). If you are under 18, you must not submit personal data to us without verifiable parental or guardian consent.

4.3 Purpose Limitation and Lawful Processing: We process personal data only for specified and lawful purposes including delivering AI-assisted compliance guidance and work plans, communicating about enquiries and deliverables, improving our Services, and complying with legal obligations.

4.4 Consent: Where processing relies on consent, you may withdraw consent at any time. Withdrawal does not affect prior lawful processing. We do not use dark patterns or manipulative design, and we do not make consent a condition of core Services where not required.

4.5 Your Rights as a Data Principal: You may request access, correction, and erasure, raise grievances, nominate an individual to exercise rights in case of death/incapacity, and approach the Data Protection Board of India where applicable.

To exercise rights, submit a written request to our Data Protection Contact. We will endeavour to respond within 30 days; complex requests may take additional time.

4.6 Data Retention and Erasure: We retain personal data only as long as necessary for specified purposes or legal obligations, then securely erase or anonymise it.

4.7 Data Protection Contact: Kensara AI — Data Protection Contact. Submit via the Contact Form at https://www.kensara.in with subject "DPDPA Rights Request" or "Data Protection Grievance".

4.8 Data Security: We implement appropriate technical and organisational measures to protect personal data. In the event of a breach likely to result in harm, we notify the Data Protection Board of India as required by law.

4.9 Cross-Border Data Transfers: Where personal data is transferred outside India, such transfers comply with the DPDPA and applicable government notifications.

4.10 Cookies and Tracking Technologies: We may use cookies for functionality and analytics. Where non-essential cookies are used, consent will be sought and may be withdrawn.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You must not submit false, misleading, or fraudulent information through our website or forms.

You must not attempt to reverse engineer, decompile, or extract our AI systems, models, or proprietary processes.

You must not use our outputs to make representations to regulators, courts, or third parties that overstate the legal effect or certainty of our AI-generated guidance.

You must not engage in conduct that constitutes misuse of personal data processed through our Services.

You must not use the Services in a manner that violates the DPDPA, Information Technology Act, or any other applicable Indian law.

You must not introduce malicious code, attempt unauthorised access, or interfere with the integrity or availability of our Services.

6. Nature and Limitations of AI-Assisted Outputs

AI-generated outputs provided by Kensara AI, including compliance assessments, work plans, gap analyses, and recommendations, are informational guidance only and are intended to support, not replace, professional judgement.

Our outputs do not constitute legal advice and must not be relied upon as a substitute for advice from a qualified legal practitioner, data protection officer, or compliance professional.

Kensara AI does not guarantee any particular compliance outcome, regulatory approval, or that our guidance is exhaustive or free from error.

You are solely responsible for decisions made in reliance on our outputs, for engaging qualified professionals where appropriate, and for your organisation's compliance with applicable laws including the DPDPA.

7. Intellectual Property

All website content, including but not limited to text, branding, visuals, design elements, and software, is owned by or licensed to Kensara AI and is protected by applicable intellectual property laws.

AI-generated work plans and outputs shared with you are owned by Kensara AI and are licensed to you on a limited, non-exclusive, non-transferable basis for your internal business use only.

You may not reproduce, distribute, commercialise, or share our outputs with third parties without our prior written consent.

Nothing in these Terms transfers ownership of any intellectual property from Kensara AI to you.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Kensara AI shall not be liable for any regulatory penalties, fines, enforcement actions, or sanctions arising from your reliance on our outputs.

Kensara AI shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, loss of data, or reputational harm.

Kensara AI's total aggregate liability for any claim shall not exceed the amounts paid by you (if any) for the Services in the twelve months preceding the claim.

Nothing in this clause limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kensara AI, its directors, employees, agents, and affiliates from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from misuse of the Services, breach of these Terms, unlawful conduct, or improper reliance on our outputs.

10. Grievance Redressal

In accordance with the Information Technology Act, 2000 (as amended) and the DPDPA 2023, Kensara AI has established a grievance redressal mechanism.

For complaints regarding processing of personal data, alleged violation of rights under the DPDPA, or concerns about the Services, please submit a written complaint to our Data Protection Contact.

We will acknowledge complaints promptly and endeavour to resolve them within 30 days. If you remain dissatisfied, you may approach the Data Protection Board of India.

11. Suspension and Termination

We reserve the right to suspend, restrict, or terminate your access to the website or Services, with or without notice, if you breach these Terms, misuse the Services, or where required by law or competent authority.

Upon termination, your licence to use our outputs ceases. Provisions that by their nature survive termination shall continue to apply.

12. Third-Party Links and Services

Our website may contain links to third-party websites or services for convenience. Kensara AI does not endorse, control, or assume responsibility for third-party content, privacy practices, or terms.

You access third-party sites at your own risk and subject to their terms and privacy policies.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of India, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and other applicable legislation.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts located in Guwahati, Assam, India.

If a dispute falls within the jurisdiction of the Data Protection Board of India under the DPDPA, you may also refer the matter to the Board.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in law, our Services, or our practices. When material changes are made, we will update the Effective Date and, where practicable, notify you by email or prominent notice on our website.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes. We encourage periodic review of these Terms.

15. General Provisions

Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kensara AI in respect of the Services.

Waiver: Failure by Kensara AI to enforce any provision does not constitute waiver of the right to enforce that provision in future.

No Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.