1. Acceptance of terms
These Terms & Conditions form an agreement between you and The DigiSparrow ("we," "us," "our"), a business based in Hamilton, Ontario, Canada, with an additional office in Ludhiana, Punjab, India. By browsing thedigisparrow.com, submitting a form on it, signing up for Botnira, or engaging us for a project, you accept these terms. If you're accepting on behalf of a company, you confirm you have authority to bind that company.
2. Our services
We provide: (a) this website, describing our custom AI agent and software development services; (b) project-based development and consulting services — custom AI agents and applications, mobile apps, custom Moodle and education platforms, and other custom software — scoped and quoted individually; and (c) Botnira, our subscription AI voice and chat receptionist product, which is the only product we sell. Botnira and each custom project are governed by these terms together with any order form, quote, statement of work or subscription agreement specific to your account, which takes precedence over this page in the event of a conflict. Software we build for a client (for example the ImmiPRO CRM, built for ImmiPRO CRM and IT Solutions) belongs to, and is operated and supported under the terms of, that client's own agreement with us.
3. Website use & inquiries
You may browse this site and submit the contact form to enquire about our services. You agree not to misuse the site — no scraping at volume that degrades service, no attempting to access non-public areas, and no submitting false or fraudulent information through our forms. Enquiries submitted through the contact form do not create a binding agreement between us; a signed quote or order form does.
4. Careers & job applications
Submitting a general application through our Careers page does not guarantee an interview, a response, or an offer of employment, particularly since we may not have an open role matching your background at the time you apply. Information you submit (including your resume) is kept on file for future consideration, per our Privacy Policy, and you can ask us to delete it at any time.
5. Botnira subscription & custom project terms
If you subscribe to Botnira as a Customer, or engage us to build software for you (in which case your statement of work also applies):
- We grant you a non-exclusive, non-transferable right to access and use the product for your internal business purposes and to serve your own clients, for the term of your subscription.
- You're responsible for keeping your account credentials secure and for activity that occurs under your account, including actions taken by staff you grant access to.
- You agree to use the product only for lawful purposes, and not to use it to send unsolicited messages, harass recipients, or violate any third-party platform's policies (including Meta's WhatsApp Business Messaging Policy — see Section 8).
- We may suspend access for conduct that violates these terms, creates security risk, or violates a third-party platform's policy that puts our broader service at risk (for example, WhatsApp API access being restricted due to Customer conduct).
6. Customer responsibility for client data
Botnira, and the systems we build for you, are tools for you to store, manage, and process your own clients' personal data — which can include sensitive information depending on your industry. As between you and us:
- You are the data controller for your end clients' data, and we act as a data processor / service provider on your instructions (see our Privacy Policy, Section 5).
- You warrant that you have the legal right and, where required, the consent to collect, submit, and process your clients' data through Botnira or a system we build or host for you — including proper WhatsApp opt-in consent before messaging anyone through Botnira's WhatsApp integration.
- You are responsible for responding to your own clients' privacy requests (access, correction, deletion) — we will provide reasonable technical support to help you fulfil them.
- You are responsible for the accuracy of data you or your clients enter, and for reviewing outputs (documents, form fills, AI-drafted messages) before relying on them or submitting them to a third party or government body.
7. Data processing terms
We process personal data submitted to Botnira or a system we host for you only as necessary to provide the service, per your instructions and configuration, and in line with our Privacy Policy. Customers whose internal compliance requirements call for a standalone Data Processing Agreement (for example, to satisfy GDPR Article 28 or similar requirements) can request one from us before or during onboarding — email kamal@thedigisparrow.com.
8. Third-party services & integrations
Botnira relies on the Meta WhatsApp Business Platform for WhatsApp messaging, and both products may rely on other third-party providers (AI/speech providers, calendar and CRM integrations, e-signature tools). Your use of these integrations is also subject to the relevant third party's own terms — including WhatsApp's Business Messaging Policy. We don't control, and aren't responsible for, outages, policy changes, or account actions taken by these third parties, though we'll work with you in good faith if one of them affects your service.
9. AI output & immigration-advice disclaimer
Botnira, and AI features we build for you, use AI models to handle calls, draft messages, generate documents, and assist with tasks. AI output can be incomplete or inaccurate, and should be reviewed by a qualified person before you rely on it, send it to a client, or file it with any government body.
Our software is a tool, not professional advice. Botnira and the systems we build do not provide legal, medical, immigration, financial or other professional advice, and are not a substitute for the judgment of a licensed professional. Customers remain solely responsible for the advice they give their own clients, for the accuracy of anything they file with a government or regulatory body, and for complying with the obligations of their own licensing or regulatory body.
10. Intellectual property
We retain all rights, title, and interest in thedigisparrow.com, Botnira, and its underlying software, except for content you or your clients submit ("Customer Data"), which remains yours. Ownership of custom software we build for you is set out in your statement of work. We may use aggregated, de-identified data (that cannot reasonably be used to identify you or your clients) to monitor, maintain, and improve our services.
11. Confidentiality
Each party agrees to protect the other's confidential information with reasonable care and to use it only for purposes of the relationship between us. This includes Customer Data, which we treat as confidential and access only as needed to provide support or maintain the service.
12. Fees & payment
Project-based work is billed per a written quote or statement of work. Botnira subscriptions are billed per the plan and billing cycle you select at signup or as later changed by agreement. Fees are non-refundable except where required by law or explicitly agreed in writing. Late payment may result in suspension of access after reasonable notice.
13. Service availability; no warranty
We aim for reliable uptime but don't guarantee uninterrupted or error-free service, and our products are provided "as is" and "as available" without warranties of any kind, express or implied, except as required by law. Scheduled maintenance, third-party outages (including Meta/WhatsApp), and force majeure events may affect availability from time to time.
14. Limitation of liability
To the maximum extent permitted by law, The DigiSparrow will not be liable for indirect, incidental, special, or consequential damages, or for loss of profits, data, or business, arising from your use of our website or products. Our total liability for any claim arising from a paid subscription will not exceed the fees you paid us for the service giving rise to the claim in the twelve months before the claim arose. Nothing in these terms limits liability that cannot be limited under applicable law.
15. Indemnification
You agree to indemnify and hold us harmless from claims arising out of your misuse of our services, your violation of these terms, or your failure to obtain proper consent from, or provide required disclosures to, your own clients whose data you process through Botnira or a system we built or host for you.
16. Termination
Either party may terminate a subscription per the notice period in your order form, or as otherwise agreed. We may suspend or terminate access immediately for a material breach of these terms, non-payment after notice, or conduct that creates legal or security risk. On termination, we will make Customer Data available for export for a reasonable period (typically 30 days) before deleting it, unless a longer retention is legally required or otherwise agreed.
17. Governing law & disputes
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute arising from these terms will first be addressed through good-faith negotiation between the parties, and failing resolution, submitted to the courts of Ontario, Canada, unless a separate signed agreement between the parties specifies otherwise.
18. Changes to these terms
We may update these terms from time to time. Material changes will be reflected by an updated "last updated" date, and active Botnira Customers and project clients will be notified of significant changes affecting their subscription.
19. Contact us
Questions about these terms can be sent to kamal@thedigisparrow.com, or by mail to 151 Gateshead Crescent, Hamilton, ON, Canada.