Terms of Service

1. About TourFiles

TourFiles is a SaaS-based business management platform designed for travel agencies, tour operators, and travel service businesses. The platform includes features for:

• Lead management tools to capture, organize, and track prospective clients through your sales pipeline.
• Built-in communication logs to record emails, notes, and follow-ups against every client and booking.
• Itinerary builders that let you design and share detailed travel plans directly with your clients.
• End-to-end booking management covering confirmations, status tracking, and traveler details in one place.
• Invoice generation, payment tracking, and reconciliation tools tailored for travel business billing.
• A vendor directory to manage supplier relationships, contracts, and service details across your operations.
• Reports and dashboards that give you visibility into bookings, revenue, lead conversion, and team activity.
• Automation rules that reduce manual work by triggering follow-ups, reminders, and task assignments based on platform activity.
• Integrations with payment gateways, messaging platforms, and other tools your business already uses.

TourFiles is provided as a software service and does not operate as a travel agency, airline, hotel provider, payment bank, or tourism operator.

2. Eligibility & Business Use

TourFiles is intended strictly for business and professional use. By using the platform, you represent that:

• You are a legally authorized representative of the business you are registering — registration by individuals acting outside their official business capacity is not permitted.
• All business details, contact information, and tax identifiers submitted during registration are accurate, complete, and current.
• Your use of TourFiles and any content you create or manage through it will comply with all applicable Indian and international laws and regulations.

Use of the platform through fake identities, misleading business information, or unauthorized access methods is prohibited and may result in immediate account termination.

3. Account Registration & Access

Users are responsible for maintaining the confidentiality of their login credentials and account access. Each organization is responsible for:

• Assigning and maintaining role-based permissions for every user added to your workspace, ensuring people can access only what their role requires.
• Regularly reviewing access logs and account activity to identify unauthorized or unexpected usage before it causes harm.
• Ensuring that login credentials are not shared outside your authorized team — shared credentials undermine audit trails and account security.
• Confirming that all users within your workspace operate within the scope of legitimate, authorized business activity at all times.

You are responsible for all activity occurring under your account or organization workspace unless unauthorized access is reported to us promptly in writing.

4. Subscription Plans & Billing

TourFiles operates on subscription-based pricing plans. Charges may vary depending on the tier selected, number of active users, enabled modules, consumption-based feature usage, add-on services, and enterprise requirements. Billing cycles, pricing, and applicable taxes are displayed during the subscription or renewal process. Unless otherwise stated:

• Subscription charges are collected at the start of each billing cycle, in advance of the period they cover.
• Payments are non-refundable except in the case of verified duplicate or erroneous charges caused by TourFiles.
• Applicable GST or other statutory taxes are added to the stated subscription fee where required by law.

Failure to complete payments may result in account restrictions, suspension, or loss of platform access until the outstanding balance is settled. Full billing terms are covered in our Payment, Billing & Cancellation Policy.

5. Free Trial Access

TourFiles may provide limited-time trial access to eligible businesses. Trial access includes a restricted set of modules, a capped number of user seats, and usage limits — not all paid features will be accessible. We reserve the right to adjust trial terms or duration without prior notice. Features available during a trial do not represent a commitment to include them in paid plans at the same scope or price.

At the end of a trial period, continued access requires an active paid subscription. Trial data may be held briefly after expiry to allow for upgrade without loss of work.

6. Customer Data & Ownership

The business data you create, upload, or manage within TourFiles — leads, client records, bookings, itineraries, invoices, vendor details, and documents — belongs to you. TourFiles processes it solely to deliver the service you have subscribed to and does not claim any ownership over it.

However, you are solely responsible for:

• Ensuring everything you upload or manage through TourFiles complies with applicable law, including data protection and financial regulations.
• Holding the required consent or authorization for any client or third-party data you collect and process through the platform.
• Keeping your business records, client information, and financial data accurate and up to date.
• Adhering to data protection, financial, and industry-specific regulations relevant to your business and jurisdiction.

7. Acceptable Use Policy

TourFiles is a professional B2B software platform. Your use of it — and the use of any communication channel, API, or integration connected to it — is subject to the following requirements. Violations may result in immediate restriction or termination of your account without prior notice.

7.1 General Prohibited Activities

You may not use TourFiles to conduct, facilitate, or conceal any activity that is unlawful under Indian law, the laws of the recipient’s country, or applicable international regulation. You may not use the platform in any manner that is deceptive, fraudulent, or harmful to TourFiles, other customers, or any third party.

7.2 Spam & Unsolicited Communications

Sending spam or unsolicited messages through TourFiles is prohibited. Specifically, you may not:

• Send bulk or non-consensual messages via email, WhatsApp, SMS, or any other channel connected to the platform.
• Add contacts to communication lists without their explicit consent or a verifiable pre-existing business relationship.
• Continue contacting individuals or organizations that have requested to stop receiving communications from your business.
• Send messages at volumes or frequencies designed to bypass anti-spam controls, carrier filters, or platform rate limits.

7.3 Phishing, Fraud & Impersonation

You may not use TourFiles to conduct or facilitate:

• Communications that impersonate TourFiles, NextESC Technologies LLP, a government body, financial institution, or any other person or organization.
• Creation of fake invoices, forged booking confirmations, or other deceptive documents intended to mislead clients or partners.
• Phishing campaigns — messages designed to harvest credentials, personal data, or financial information — through any platform channel.
• Misrepresentation of your business identity in ways that constitute fraud under applicable law.

7.4 Malware & Harmful Code

You may not use TourFiles to:

• Upload, distribute, or transmit files, attachments, or links containing viruses, trojans, ransomware, spyware, or any other malicious software.
• Introduce code into the platform designed to disrupt, damage, or gain unauthorized access to any system, network, or data set.
• Use TourFiles as a delivery vector for malware, phishing pages, or harmful scripts targeting clients, leads, or any external party.

7.5 Scraping & Unauthorized Data Extraction

You may not:

• Systematically scrape, harvest, or extract data from the TourFiles platform, its APIs, or connected data sources without explicit written authorization.
• Use automated bots, crawlers, or scripts to access platform functionality in ways that circumvent intended usage limits or rate controls.
• Attempt to reconstruct or copy the platform’s data structures, CRM records, or internal configurations through automated or manual extraction.

7.6 API & Automation Abuse

You may not:

• Make API calls at volumes that exceed documented rate limits or degrade performance for other users on shared infrastructure.
• Use webhooks, integrations, or automation flows to bypass access controls, circumvent subscription limits, or extract data at scale.
• Repurpose platform APIs for use cases outside their intended integration scope, particularly for commercial redistribution or resale of platform functionality.

7.7 Infrastructure Misuse

You may not:

• Perform denial-of-service attacks, stress tests, or any activity that intentionally or negligently degrades platform performance or availability.
• Attempt to gain unauthorized access to platform servers, database systems, internal admin interfaces, or other customer accounts.
• Exploit known or unknown vulnerabilities in the platform. Any discovered vulnerability must be reported to [email protected] rather than exploited or disclosed publicly.

7.8 Privacy & Intellectual Property Violations

You may not:

• Process, store, or transmit personal data of third parties through TourFiles without holding the appropriate legal basis or verifiable consent.
• Upload content that infringes on third-party copyrights, trademarks, trade secrets, or other proprietary rights.
• Use TourFiles to facilitate the collection or misuse of client data in ways that violate applicable data protection law.

8. Communication & Messaging Compliance

TourFiles provides access to transactional email delivery, WhatsApp Business API messaging, and SMS communication channels. These are tools with clear legal and operational compliance obligations. The following rules apply to all communications sent through TourFiles, regardless of channel.

8.1 User Responsibility for Communications

You are solely responsible for the content, targeting, frequency, and legal compliance of every message sent through TourFiles on your behalf. TourFiles provides the delivery infrastructure — the messaging decisions, consent management, and recipient relationships are entirely yours. You must ensure you hold the appropriate consent for each recipient before initiating contact through any platform channel.

8.2 Email Compliance

All emails sent through TourFiles must comply with applicable anti-spam legislation in the jurisdictions where your recipients are located, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Specifically:

• You must not send unsolicited commercial email to contacts who have not opted in or do not have an established transactional relationship with your business.
• Every bulk or marketing email must include a clear, functional unsubscribe mechanism. Transactional emails — such as booking confirmations, invoices, or password resets — are exempt.
• Bounce rates, spam complaint rates, and unsubscribe rates are monitored. Accounts generating sustained complaint rates above acceptable thresholds may have email sending suspended without prior notice.
• You may not use deceptive subject lines, misleading sender names, or manipulated headers designed to bypass spam filters or mislead recipients about the message origin.

8.3 WhatsApp Messaging

Use of WhatsApp Business API through TourFiles is subject to Meta’s WhatsApp Business Policy in addition to these Terms:

• You must obtain verifiable opt-in consent before initiating WhatsApp conversations with any contact, in accordance with Meta’s policy and applicable law.
• All message templates must comply with WhatsApp’s template approval process. Sending unapproved or policy-violating template content is prohibited.
• Promotional or marketing messages may only be sent to contacts who have explicitly opted in to receive them via WhatsApp.
• If Meta restricts our WhatsApp sending capacity as a result of your account’s messaging activity, your WhatsApp access may be suspended immediately and other customers’ access protected.

8.4 SMS Messaging

SMS messaging sent through TourFiles-connected channels must comply with:

• TRAI (Telecom Regulatory Authority of India) DLT registration requirements, including sender ID registration and template pre-approval for commercial messages.
• Any telecom authority guidelines applicable in the recipient’s jurisdiction for cross-border messaging.
• Applicable opt-in and opt-out rules — sending promotional SMS to contacts registered on the National Do Not Call Registry without an exemption is prohibited.

8.5 Anti-Spam Requirements

Across all channels, you must:

• Maintain and honor a suppression list of contacts who have opted out, bounced, or filed complaints, and apply it consistently across all outbound channels.
• Honor opt-out requests immediately — a contact who has unsubscribed from any channel must not be re-added to that channel without a new, explicit opt-in.
• Avoid cold outreach campaigns at scale. TourFiles communication features are designed for transactional and relationship-based messaging within an existing business context, not mass prospecting.

8.6 TourFiles’ Right to Restrict

TourFiles reserves the right to suspend, throttle, or permanently revoke access to any communication feature — including email, WhatsApp, and SMS — if:

• Spam complaints, abuse reports, or bounce rates exceed acceptable thresholds for a sustained period.
• Sending patterns are determined to be in violation of this policy, applicable law, or a third-party platform’s terms.
• A third-party provider restricts our sending capacity as a result of your account’s activity — including Meta, email delivery providers, or SMS gateways.

Suspension of a communication channel does not automatically suspend your account, but repeated violations will trigger an account-level review and may result in termination.

9. Third-Party Integrations

TourFiles may integrate with third-party providers including payment processors, cloud infrastructure services, SMS and WhatsApp messaging APIs, external CRM or ERP platforms, Meta (Facebook/Instagram) platform connections, analytics and monitoring tools, and any other external service connected through available integration points in your workspace.

Use of third-party integrations is subject to those providers’ own terms and policies. We encourage you to review them before enabling any integration, particularly for messaging and payment services where third-party compliance requirements apply directly to your usage.

TourFiles is not responsible for service interruptions, policy changes, or operational failures caused by third-party services, regardless of whether those services are presented as part of the platform.

10. Platform Availability

We continuously work to maintain platform reliability and performance. However, TourFiles does not guarantee uninterrupted or error-free service. Temporary interruptions may occur due to scheduled maintenance, infrastructure upgrades, third-party outages, network failures outside our control, security incidents, or other circumstances beyond our reasonable control including force majeure events.

Features, modules, pricing, or platform functionality may be updated, modified, or discontinued periodically. Where material changes are planned, we will provide advance notice where feasible.

11. Platform Security & Abuse Enforcement

TourFiles actively monitors and enforces platform security to protect all customers and maintain the reliability of shared infrastructure and communication channels.

11.1 Activity Monitoring

We monitor platform usage at a system level, including login patterns, API request volumes, messaging activity, error rates, and behavioral signals that may indicate unauthorized use, policy violations, or security incidents. This monitoring does not involve reading the content of your business records or client communications — it operates on metadata and system-level signals only.

11.2 Rate Limiting & Throttling

All API endpoints, authentication flows, and communication features are subject to rate limits designed to protect platform stability and prevent abuse. Exceeding rate limits may result in temporary throttling. Repeated or deliberate violations may result in permanent restriction of the affected feature. Specific rate limit thresholds are not published in order to prevent deliberate circumvention.

11.3 Suspicious Activity Response

When our systems detect activity consistent with abuse, unauthorized access, or policy violation, we may take any of the following actions without prior notice:

• Temporarily restrict access to affected features or communication channels while the activity is investigated.
• Issue an alert to account administrators via email or in-app notification describing the detected issue and required corrective action.
• Suspend the account pending investigation where the potential harm to the platform or other customers is significant.
• Permanently terminate the account where a violation is confirmed, material, and irremediable.

11.4 Security Incident Handling

In the event of a security incident affecting customer data or platform availability, TourFiles will investigate promptly, take steps to contain the impact, and notify affected customers where required by law or appropriate given the severity. Our ability to disclose specific technical details may be limited during an active investigation.

11.5 Responsible Disclosure

If you discover a security vulnerability in TourFiles, please report it to [email protected] before disclosing it publicly or to any third party. We take security reports seriously, will acknowledge receipt within 2 business days, and will provide a substantive response within 5. Do not exploit a vulnerability while it is under investigation — doing so constitutes a violation of these Terms and may constitute an offense under applicable law.

12. Intellectual Property

All software, branding, designs, workflows, systems, interfaces, documentation, and platform materials related to TourFiles remain the intellectual property of NextESC Technologies LLP unless otherwise stated. These Terms grant customers a limited, non-transferable, revocable right to access and use the platform during an active subscription period only. Users may not:

• Reproduce, sublicense, or resell access to TourFiles or any part of its software, interface, or underlying systems.
• Decompile, disassemble, or attempt to derive source code or underlying system architecture from the platform.
• Copy or replicate TourFiles workflows, system designs, or operational logic for use in competing or unrelated products.
• Use the TourFiles name, logo, or trademarks in any external context without prior written consent from NextESC Technologies LLP.

13. Account Suspension & Termination

TourFiles reserves the right to suspend, restrict, or permanently terminate accounts for any of the following reasons:

• Failure to settle subscription payments within the applicable grace period.
• Sending unsolicited bulk communications, misusing messaging features, or generating spam complaints that affect platform deliverability.
• Violation of Section 7 (Acceptable Use Policy) or Section 8 (Communication & Messaging Compliance), including prohibited activities, phishing, malware distribution, or scraping.
• Providing false registration details, initiating dishonest chargebacks, or misrepresenting business identity.
• Activity indicating a compromised account, unauthorized access, or use of the platform to attack or probe other systems.
• Facilitating conduct that violates applicable Indian or international law.
• Consuming shared platform resources at a scale that materially degrades service quality for other customers.

Where the situation permits, we will attempt to notify account administrators before suspension. For serious violations — including active abuse, security incidents, or conduct causing immediate harm — suspension may occur without prior notice.

Upon suspension or termination:

• Your workspace and all associated logins will be deactivated, preventing further access to the platform and its data.
• We may retain account data for a limited period after termination to meet legal obligations, resolve open billing disputes, or support security investigations.
• Restoration of access or data following termination due to policy violations is at our sole discretion and is not guaranteed.

14. Limitation of Liability

To the maximum extent permitted by applicable law, TourFiles and NextESC Technologies LLP shall not be liable for any indirect, incidental, or consequential loss arising from your use of or inability to use the platform, including revenue loss, operational disruptions, lost business opportunities, data loss or corruption, delays in workflows or communications, failures of third-party integrations, unauthorized access resulting from compromised credentials, or any harm arising from your own use of TourFiles in a manner inconsistent with these Terms.

Total liability arising from use of the platform shall not exceed the amount paid by the customer to TourFiles during the twelve (12) months immediately preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless TourFiles, NextESC Technologies LLP, its partners, employees, and affiliates from claims, liabilities, losses, or expenses arising from: your use of TourFiles in a manner that violates these Terms or causes harm to a third party; any breach by you or your users of any obligation set out in this agreement; actions taken through your account that violate applicable law or third-party rights; content, data, or communications you introduce into the platform that infringe on or harm others; or infringement of intellectual property rights, privacy rights, or contractual rights belonging to a third party.

16. Governing Law & Jurisdiction

These Terms shall be governed and interpreted in accordance with the laws of India, without regard to conflict of law principles.

Any disputes arising in connection with the platform or these Terms shall fall under the exclusive jurisdiction of courts located in Bihar, India.

17. Updates to Terms

We may revise these Terms periodically to reflect operational, legal, regulatory, or platform changes. When material changes are made, we will notify you via email or through an in-app notice before the updated Terms take effect.

Continued use of TourFiles after updated Terms become effective constitutes your acceptance of the revised Terms. The effective date at the top of this page will always reflect the most recent revision.

18. Contact Information

For legal, billing, compliance, abuse reports, or account-related queries, please reach out directly. We aim to respond to all formal inquiries within 5 business days.