Terms of Service

1. Who we are and what these Terms cover

1.1 The Services are provided by Bharadwaj Chava, an individual developer based in Bengaluru, Karnataka, India. "Foundational Creations" is the trading name under which Bharadwaj Chava operates; it is not a registered company, partnership or limited liability partnership. "VastuLive" is the name of the Services. References to "we", "us" and "our" are to Bharadwaj Chava trading as Foundational Creations.

1.2 These Terms incorporate, and must be read together with, our Privacy Policy, Cookie Policy and Data Deletion Policy, each published on the Website and each as updated from time to time (together with these Terms, the "Agreement"). If these Terms conflict with any of those documents on a matter other than the handling of personal data, these Terms prevail; on the handling of personal data, the Privacy Policy prevails.

1.3 Additional terms may apply to particular features. We will show them to you before you use the feature, and they form part of the Agreement for that feature.

2. Eligibility

2.1 You may use the Services only if you (a) are at least 18 years old; (b) are competent to contract under the Indian Contract Act, 1872 or the law that applies to you; and (c) are not barred from using the Services under any applicable law.

2.2 The Services are for your personal, non-commercial use in relation to homes you own, occupy or are considering. You may not use them to provide paid consultations, certifications or reports to others, or for any other commercial purpose, without our prior written permission.

2.3 By using the Services you represent and warrant that you meet these requirements. We may suspend or close an account if we reasonably believe they are not met.

3. Your account

3.1 You sign in using an account with Google or, on Apple devices, with Apple ("Sign-in Provider"). Some builds may instead offer sign-in by mobile number with a one-time code. Your use of a Sign-in Provider is also governed by that provider's own terms and privacy policy.

3.2 You agree to (a) provide accurate information in your profile and keep it up to date; (b) keep the account you sign in with, and your devices, secure; (c) not share your account or let anyone else use it; and (d) tell us promptly at support@foundationalcreations.com if you believe your account has been used without your authorisation.

3.3 You are responsible for all activity under your account, except activity that results from our own failure to keep the Services secure.

3.4 You may delete your account at any time from the App (Profile, then Delete Account). The effect of deletion is described in clause 18 and in our Data Deletion Policy.

4. The Services

4.1 The Services let you (a) upload or photograph a floor plan, draw a sketch of a layout, or, on supported devices, scan rooms with the Walk My Home feature; (b) review and correct the rooms the Services identify; (c) receive a report applying traditional Vaastu Shastra principles to that layout, with explanations, the rule behind each finding and optional suggestions; and (d) optionally, view an astrology overlay based on birth details you provide.

4.2 The Services are currently free of charge. Clause 13 explains what happens if that changes.

4.3 We continually develop the Services. We may add, change, suspend or withdraw features, including features described as "beta", "preview" or "experimental", which are provided for evaluation and may be less reliable. Where a change materially reduces the Services you use, we will give you reasonable notice where practicable.

4.4 We do not promise that the Services will be available at all times, in every location or on every device. Features may depend on your device (for example, Walk My Home requires a supported Apple device with a LiDAR sensor) and on a working internet connection.

5. The nature of Vaastu, astrology and Feng Shui content

5.1 Vaastu Shastra, Jyotish (Vedic astrology) and Feng Shui are traditional systems based on cultural, religious and spiritual beliefs. Their principles and the effects attributed to them are not established by scientific evidence, and practitioners and texts differ in how they interpret them. The Services apply principles as described in classical texts; they do not decide which interpretation is correct.

5.2 All findings, scores, doshas, remedies, suggestions and other content in the Services are provided for informational, cultural and educational purposes only. They are NOT, and must not be relied on as:

• architectural, structural, civil-engineering, building-code, safety or fire advice;
• legal, property, title, valuation or real-estate investment advice;
• financial, tax or investment advice;
• medical, health, psychological or wellbeing advice, diagnosis or treatment; or
• a certification, inspection or approval of any property.

5.3 No remedy or suggestion is a promise or guarantee of any outcome, including any outcome relating to health, wealth, career, relationships, fertility, safety or wellbeing. We make no such claim and you must not treat the Services as making one.

5.4 Do not carry out any demolition, construction, structural alteration, electrical, plumbing or gas work, or make any decision to buy, sell, rent or modify a property, on the strength of the Services alone. Consult appropriately qualified and licensed professionals, and obtain every approval required by law (including from your local authority and housing society), before doing so. You are solely responsible for any such decision and its consequences.

5.5 The astrology overlay is separate from the Vaastu analysis of your home and never changes your home's Vaastu score.

5.6 If you have a health, mental-health, legal or financial concern, seek help from a qualified professional. The Services are not a substitute for professional help or emergency services.

6. Automated analysis, accuracy and your responsibility

6.1 The Services read plans, sketches and scans using automated systems, which may include artificial-intelligence models operated by Google Cloud (Vertex AI) where you have allowed it. Automated readings can be wrong: they may misidentify rooms, entrances, dimensions or North, or miss features altogether, particularly with hand-drawn, low-resolution, cropped or unusual plans.

6.2 The Services show what they detected and what they inferred, and ask you to confirm rooms and the direction of North where they are uncertain. The accuracy of a report depends on the accuracy of what you upload and confirm. You are responsible for checking the rooms, labels and orientation before relying on a report.

6.3 We do not warrant that any reading, measurement, score or finding is accurate, complete or suitable for any purpose.

6.4 Whether your plans may be sent to Google Cloud Vertex AI is your choice. You can change it at any time in the App (Profile, Read plans with Google AI). How that data is handled is described in our Privacy Policy.

7. Your content

7.1 "Your Content" means floor plans, photographs, sketches, room scans, room names, birth details, feedback and anything else you submit to the Services. You keep all rights you have in Your Content.

7.2 You grant us a non-exclusive, worldwide, royalty-free licence, for as long as Your Content is held in your account, to host, store, copy, process, analyse, adapt (for example, by resizing an image or removing its metadata) and display Your Content, solely to provide the Services to you, to keep them secure and working, and to comply with law. We will not sell Your Content, show it to other users, or use your floor plans or room scans to train artificial-intelligence models.

7.3 You represent and warrant that (a) you own Your Content or have every right, licence and permission needed to submit it and to grant the licence in clause 7.2 (floor plans are often protected by the copyright of an architect, developer or builder); (b) Your Content does not infringe anyone's intellectual-property, privacy or other rights; and (c) where Your Content contains personal data of another person (for example, a family member's birth details), you have that person's consent or another lawful basis to share it with us.

7.4 Do not upload documents that contain unnecessary personal or sensitive information, such as identity documents, sale deeds, bank details or images of people. If a plan contains such information, crop or obscure it before uploading.

7.5 We may remove Your Content or restrict access to it if we reasonably believe it breaches these Terms or the law, or if we are required to by law or a competent authority.

8. Acceptable use

8.1 You must not, and must not attempt to or help anyone else to:

• use the Services in breach of any applicable law, or to infringe anyone's rights;
• upload content that is unlawful, obscene, defamatory, harassing, hateful, threatening, or that you do not have the right to upload;
• upload malware, or content designed to manipulate or attack our systems or the AI models we use (including prompt-injection text placed in an image);
• access the Services by automated means (bots, scrapers, crawlers) or in volumes beyond normal personal use, or circumvent any usage limit, rate limit or security measure;
• gain unauthorised access to the Services, other accounts, or our systems or networks, or probe, scan or test their vulnerability without our written permission;
• copy, modify, decompile, reverse-engineer, disassemble or create derivative works of the App or Services, except to the extent the law expressly allows despite this restriction;
• resell, sublicense or commercially exploit the Services or their output, or use them to build a competing product or dataset;
• present a report from the Services as a professional consultation, certification or inspection, or as the opinion of a named expert; or
• impersonate any person, or misrepresent your identity or your connection with anyone.

8.2 We may investigate suspected breaches and take any action we reasonably consider appropriate, including removing content, suspending or terminating accounts, and reporting to the authorities.

9. Our intellectual property

9.1 The Services, including the App and Website, their software, design, text, graphics, logos, rule and remedy databases, reports (other than Your Content within them) and all related intellectual-property rights, are owned by or licensed to Foundational Creations and are protected by law. Except for the limited rights expressly granted in these Terms, no right, title or interest in them is transferred to you.

9.2 "VastuLive", the VastuLive logo and our other names, logos and marks are our trademarks. You may not use them without our prior written permission.

9.3 You may download, print and share reports generated for your own home for your personal, non-commercial use, provided you do not remove any notice or disclaimer from them.

9.4 If you send us feedback or suggestions, you allow us to use them without restriction or payment to you. We are not obliged to use them.

10. Licence to use the App

10.1 Subject to your compliance with the Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use the App on devices you own or control, for your personal, non-commercial use.

10.2 This licence ends automatically if you breach the Agreement or when your account is terminated. When it ends, you must stop using the App and delete it from your devices.

10.3 We may release updates. Some updates may be required to keep using the Services, and older versions may stop working.

11. Apple App Store and Google Play

11.1 If you obtained the App from the Apple App Store or Google Play (each an "App Store"), you also agree to that App Store's terms. If those terms conflict with the Agreement on how you may use the App, the stricter of the two applies to the extent the law allows.

11.2 If you obtained the App from the Apple App Store, you and we acknowledge and agree that:

• the Agreement is concluded between you and Foundational Creations only, and not with Apple Inc. ("Apple"); Foundational Creations, not Apple, is solely responsible for the App and its content;
• the licence in clause 10 is limited to using the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing;
• Foundational Creations is solely responsible for any maintenance and support of the App, as set out in the Agreement or as required by law; Apple has no obligation to provide any maintenance or support services for the App;
• Foundational Creations is solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Foundational Creations' responsibility;
• Foundational Creations, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy or similar legislation;
• in the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual-property rights, Foundational Creations, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim;
• you represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties;
• you must comply with any applicable third-party terms of agreement when using the App; and
• Apple and its subsidiaries are third-party beneficiaries of the Agreement and, once you accept it, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary.

11.3 Questions, complaints or claims about the App should be sent to us using the name, location and contact details in clause 24, not to the App Store.

12. Third-party services

12.1 The Services rely on third-party services, including Google and Apple (sign-in), Supabase (accounts, database and storage), Google Cloud (hosting and, with your permission, Vertex AI), your device's geocoding service and OpenStreetMap Nominatim (converting a birth city into coordinates), and, on the Website only and only with your consent, Google Analytics.

12.2 We choose these providers carefully and require them to protect your data as described in our Privacy Policy, but we do not control them and are not responsible for their own services, websites or terms. Links to third-party websites are provided for convenience and are not endorsements.

13. Fees

13.1 The Services are currently free. There are no in-app purchases, subscriptions or advertisements.

13.2 If we introduce paid features, we will show the price, applicable taxes, billing period, renewal and cancellation terms, and refund position in the App before you are asked to pay, and you will be charged only if you expressly agree. Purchases made through an App Store are processed and billed by that App Store under its terms. Nothing that was free to you will be charged retroactively.

14. Privacy and your personal data

14.1 Our Privacy Policy explains what personal data we collect, why, who processes it on our behalf, how long we keep it, and your rights, including your rights under the Digital Personal Data Protection Act, 2023 to access, correct and erase your personal data, to withdraw consent, to nominate another person to exercise your rights, and to have your grievances addressed.

14.2 Where we rely on your consent (for example, for reading plans with Google AI, for optional birth details, or for analytics cookies on the Website), you may withdraw it at any time, as easily as you gave it. Withdrawal does not affect processing that took place before it.

15. Disclaimer of warranties

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, REPORTS AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT OR NON-INFRINGEMENT.

15.2 WITHOUT LIMITING CLAUSE 15.1, WE DO NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY READING, SCORE, FINDING OR REMEDY WILL BE ACCURATE, COMPLETE OR RELIABLE; (C) FOLLOWING ANY SUGGESTION WILL PRODUCE ANY PARTICULAR RESULT; OR (D) ANY DEFECT WILL BE CORRECTED.

15.3 Nothing in these Terms excludes or limits any right or remedy you have that cannot lawfully be excluded or limited, including your rights as a consumer under the Consumer Protection Act, 2019 or the mandatory consumer-protection laws of the country where you live.

16. Limitation of liability

16.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, PROPERTY VALUE, BUSINESS, GOODWILL, DATA OR OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY.

16.2 WITHOUT LIMITING CLAUSE 16.1, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM (A) ANY DECISION OR ACTION YOU TAKE, OR DO NOT TAKE, BASED ON THE SERVICES, INCLUDING ANY CONSTRUCTION, ALTERATION, PURCHASE, SALE OR TENANCY OF PROPERTY; (B) INACCURATE CONTENT YOU SUBMIT OR CONFIRM; (C) THIRD-PARTY SERVICES; OR (D) UNAUTHORISED ACCESS TO YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO KEEP YOUR SIGN-IN CREDENTIALS OR DEVICES SECURE.

16.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; AND (B) USD 100 (OR ITS EQUIVALENT IN INDIAN RUPEES).

16.4 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be limited or excluded under applicable law.

17. Indemnity

17.1 To the extent permitted by law, you agree to indemnify and hold harmless us and our contractors and agents from and against any claim, demand, loss, liability, damage, penalty, cost or expense (including reasonable legal fees) brought by a third party or a public authority, to the extent it arises out of (a) your breach of the Agreement; (b) Your Content, including any claim that it infringes a third party's rights; or (c) your violation of any law or of any third party's rights.

17.2 We will notify you promptly of any such claim and allow you to participate in its defence at your own cost. This clause survives termination of the Agreement.

18. Suspension and termination

18.1 You may stop using the Services at any time, and may terminate the Agreement by deleting your account in the App.

18.2 We may suspend or terminate your access to all or part of the Services, with or without notice, if (a) you materially or repeatedly breach the Agreement; (b) we are required to by law, a court or a competent authority; (c) your use creates a security, legal or operational risk to us, other users or third parties; or (d) we discontinue the Services. Where we discontinue the Services for reasons other than (a) to (c), we will give you reasonable advance notice where practicable and an opportunity to download your reports.

18.3 When your account is deleted or terminated, your right to use the Services ends and we delete your account data as described in our Data Deletion Policy, except data we must keep by law.

18.4 Clauses that by their nature should survive termination survive it, including clauses 5, 6.3, 7.3, 9, 15, 16, 17, 20 and 23.

19. Changes to these Terms

19.1 We may update these Terms to reflect changes to the Services, the law or our practices. The "Last updated" date at the top shows when they last changed.

19.2 For a material change, we will notify you in the App or by email at least 15 days before it takes effect, unless the change is required sooner by law or to address a security risk. If you do not agree to the change, you may stop using the Services and delete your account before it takes effect. If you continue to use the Services after it takes effect, you are bound by the updated Terms.

20. Governing law and dispute resolution

20.1 The Agreement, and any dispute or claim arising out of or in connection with it or the Services (including non-contractual disputes), is governed by the laws of India, without regard to conflict-of-laws principles.

20.2 Before starting any formal proceeding, you agree to first contact us at support@foundationalcreations.com with a description of the dispute, and both parties will try in good faith to resolve it within 30 days.

20.3 Any dispute not resolved under clause 20.2 shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended, by a sole arbitrator appointed by mutual agreement of the parties or, failing agreement, in accordance with that Act. The seat and venue of arbitration shall be Bengaluru, Karnataka, India, and the proceedings shall be conducted in English. The award shall be final and binding on the parties.

20.4 Subject to clause 20.3, the courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction, including for interim or injunctive relief and for any matter that is not capable of settlement by arbitration.

20.5 Nothing in this clause prevents you from bringing a complaint before a Consumer Disputes Redressal Commission or another forum available to you under the Consumer Protection Act, 2019, or from relying on the mandatory consumer-protection laws of the country where you live, or from approaching the Data Protection Board of India in accordance with the Digital Personal Data Protection Act, 2023.

21. Grievance redressal

21.1 Our Grievance Officer is Bharadwaj Chava. If you have a complaint about the Services, Your Content, or the processing of your personal data, write to the Grievance Officer at privacy@foundationalcreations.com with the subject line "Grievance", giving your name, the email address or mobile number on your account, and a description of the issue.

21.2 We will acknowledge your grievance within 48 hours and aim to resolve it within 15 days of receiving it, or within any shorter period required by applicable law. If we cannot resolve it in that time, we will tell you why and when we expect to.

22. Events beyond our control

22.1 We are not liable for any failure or delay in providing the Services caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labour action, government action, failures of the internet, power or telecommunications networks, or failures or outages of third-party service providers.

23. General

23.1 Entire agreement. The Agreement is the entire agreement between you and us about the Services and supersedes any prior agreement or understanding about them.

23.2 Severability. If any provision of the Agreement is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.

23.3 No waiver. Our failure or delay in enforcing any right is not a waiver of it.

23.4 Assignment. You may not assign or transfer your rights or obligations under the Agreement. We may assign or transfer ours to a company or other entity that we establish to carry on the business of Foundational Creations, or as part of a merger, acquisition, reorganisation or sale of assets, provided your rights under the Agreement and our Privacy Policy are not reduced.

23.5 Third-party rights. Except as set out in clause 11.2 for Apple, no person other than you and us has any right to enforce the Agreement.

23.6 Relationship. Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship between you and us.

23.7 Notices. We may send you notices in the App, by email to the address associated with your account, or by posting them on the Website. You may send us legal notices at support@foundationalcreations.com, which are treated as received when we acknowledge them.

23.8 Language. These Terms are written in English. Where we provide a translation, it is for convenience only, and the English version prevails in case of any inconsistency.

23.9 Headings. Headings are for convenience only and do not affect interpretation.

24. Contact us

24.1 Provider: Bharadwaj Chava, trading as Foundational Creations, Bengaluru, Karnataka, India.

24.2 General support and legal notices: support@foundationalcreations.com

24.3 Privacy, data-protection requests and grievances (Grievance Officer: Bharadwaj Chava): privacy@foundationalcreations.com

24.4 Account and data deletion when you cannot access the App: delete@foundationalcreations.com