Terms of service

Who these terms are between

These terms are an agreement between BMexa, a sole proprietorship of Prince ("BMexa", "we"), and the business that signs up for BMexa ("the customer", "you"): a real estate builder, a channel partner firm or another company. The person who signs up confirms that they may agree to these terms for that business.

The customer's staff, partners and clients use BMexa through the customer's account. The customer decides who gets access and what each person can see, and is responsible for how its people use BMexa.

If you use BMexa as a client or a partner of a customer, that customer decides your access, and the rules under "Using BMexa properly" apply to you too.

The service

BMexa is software for real estate sales and post-sales work: the web app, the phone app, and the client and partner portals, as they are offered at the time. We keep improving BMexa and may change or retire features. If a change takes away something central to the plan you pay for, we tell your admins before it happens.

Accounts and sign-in

• Keep sign-in details private. Each login is for one person.
• Admins add and remove people and set what they can see. Remove people who leave your business.
• Tell us at support@bmexa.com straight away if you think someone has signed in without permission.

Trial, plans and payment

• Free trial: a new business gets a free trial, normally 14 days from sign-up, with no payment details needed. If it ends without a plan, the account becomes read-only: nothing is lost and everything stays readable, but making changes needs a plan.
• Prices: plans are charged in advance, per month or per year (other periods by agreement), in Indian rupees. Prices are before GST; GST at the rate in force (18% today) is added to every invoice.
• Paying: you pay by the methods BMexa offers at checkout. A payment counts once it has reached us: for a payment online, through Razorpay, once Razorpay confirms it; for a UPI or bank transfer, once we have matched it to the reference you send.
• Bigger plan: moving up is charged straight away for the rest of the current period, less the unused part of your current plan, and the new plan starts once that invoice is paid.
• Smaller plan: moving down, or to a shorter period, takes effect at your next renewal at no charge, as long as your active users fit the smaller plan. You can cancel the move before then.
• Refunds: fees already paid are not refunded, including for the rest of a period you move down from. On monthly plans priced per user, removing users gives a credit on the next bill. But if you are charged twice for the same invoice, or charged by mistake, tell us at support@bmexa.com and we refund the extra charge, to the way you paid, within 7 working days of you telling us (your bank may take a few more days to show it). If money left your account for a payment that did not go through, Razorpay or your bank returns it; if it has not come back after 7 working days, tell us and we will follow it up. Our cancellation and refund policy gives the details.
• Renewals: before a paid period ends, we remind your admins by email, and on WhatsApp for admins who turned that on, unless a reseller bills you (see "Referral Partners").

Referral Partners

A business may come to BMexa through a BMexa Referral Partner, who earns a commission on what that business pays. Referral Partners are independent: they cannot change these terms, make promises or offer prices for BMexa, or take payments for it. Pay BMexa only by the methods it offers at checkout; an offer from a Referral Partner counts only if BMexa has published it.

If you came to BMexa through a Referral Partner, we tell that partner your business's name, plan, the status of your subscription, number of users and the amounts paid before GST, so that we can pay their commission or bill them. We tell them nothing else about your account or your data.

Some Referral Partners are resellers. If a reseller brought your business, the reseller buys BMexa for you: BMexa invoices the reseller at a wholesale price, and you pay the reseller what you agree with them. Your plan, payments and renewals then go through the reseller, and your admins do not get BMexa's billing emails or WhatsApp messages. If the reseller stops paying for your account, it becomes read-only like any unpaid account; write to us at support@bmexa.com and we can bill you directly instead, at BMexa's list price. Everything else in these terms applies between your business and BMexa.

Limits on a plan

Each plan has limits, shown on Plan & billing: the number of users, and monthly allowances for features such as map lookups, emails BMexa sends for you and WhatsApp alerts from BMexa's number. You cannot add or bring back a user beyond the plan's user limit. When an allowance runs out, that feature stops until the 1st of the next month or until we add a top-up. We never charge for going over an allowance unless you have agreed to it first.

Your data

Everything your business puts into BMexa, such as your clients, partners, projects, bookings, payments and documents, stays yours. We use it only to provide BMexa to you. We do not sell it, we do not use it to market anything to your clients or partners, and we never show it to another customer or combine it with another customer's data.

We count how BMexa is used, for example how many users or leads an account has, to bill and to improve BMexa, without revealing any customer's data to anyone else.

Admins can export clients and their activities as CSV files from Marketing, and download invoices, receipts, statements and bill sheets. For anything else, ask us at support@bmexa.com: we send an export of your data in a common file format within 30 days.

How we process your data

Under the Digital Personal Data Protection Act, 2023, the customer is the data fiduciary for the personal data it puts into BMexa, and BMexa is its data processor. This section is our data processing agreement with you.

• Instructions: we process your data only to provide BMexa, as these terms and your settings in BMexa direct, or as the law requires.
• People: only BMexa staff who need to can reach your data: to support you, to fix a problem, or to set up your account at your request (for example projects, inventory, pricing or users). They are bound to keep it confidential. When support signs in as one of your users to see what that person sees, it is for at most 30 minutes, and every such visit is recorded.
• Security: all traffic is encrypted, passwords are stored only as hashes, and each customer's data is kept apart from every other customer's at the database level.
• Service providers: we use the providers named in our privacy policy, under contract. We tell your admins before adding a new one that handles your data; if you object, you may leave BMexa.
• Where data is kept: on servers in India (Mumbai). Email, phone notifications and WhatsApp messages pass through their providers' systems, which may be outside India.
• Breaches: if a personal data breach affects your data, we tell you without delay and within 72 hours of learning of it, with what we know, so you can meet your own duties.
• Requests from people: we help you answer requests to see, correct or delete personal data. Requests that reach us directly are passed to you.
• Proof: on request, we give you the information you reasonably need to show that this section is being followed.

Using BMexa properly

You must not use BMexa to:

• message anyone who has not agreed to hear from you, or keep messaging someone who asked you to stop;
• store or send anything unlawful, or personal data you have no right to hold;
• break into, overload or probe BMexa, or get around its limits or its access controls;
• copy, resell or rebuild BMexa, or let anyone outside your business use your account.

WhatsApp and other services you connect

If you connect your own WhatsApp Business number, you send from it under Meta's WhatsApp Business terms and policies, and Meta bills your WhatsApp account directly for those messages; they are not part of your BMexa plan. You are responsible for messaging only people who agreed to hear from you, and for stopping when they ask. BMexa records replies such as STOP and keeps campaigns from going to the people who sent them.

Lead alerts from BMexa's own WhatsApp number come with your plan, up to its monthly allowance.

Other services you connect, such as Meta lead ads or your website's forms, run under their own terms. We are not responsible when they fail or change, though we work to keep BMexa connected to them.

Your responsibilities as a business

You are responsible for the laws that apply to your business, including RERA, tax and consumer law, and for giving people any notice and getting any consent that the law requires before you add their data.

Receipts, demand letters, invoices and other documents BMexa makes are built from your data and your formats. Check them before you send them; BMexa does not give legal, tax or accounting advice.

Availability and support

We work to keep BMexa running and your data safe, but we cannot promise that it will never be interrupted. We may take it offline briefly for maintenance. Support is by email at support@bmexa.com. There is no separate service level agreement unless we sign one with you.

Ownership

BMexa's software, design and name belong to BMexa. While your account is active, you may use BMexa for your own business. If you send us ideas or feedback, we may use them without owing you anything.

Confidentiality

Each of us keeps the other's non-public information, including your data and our pricing agreed with you, confidential, and uses it only for these terms, unless the law requires otherwise. What we tell a Referral Partner about your account is described under "Referral Partners". If the person who signed your business up allowed advertising cookies on our website, we tell Meta and Google that your business signed up, started its trial and paid, to measure BMexa's ads, as our privacy policy explains. We share the amount only when you pay one of our published prices, never a price agreed with you.

Liability

BMexa is provided as it is. To the extent the law allows, we are not liable for indirect or consequential losses, such as lost profits or lost business, and our total liability for any claim is limited to what you paid BMexa in the 12 months before it arose. Nothing in these terms limits liability that the law does not allow to be limited.

Suspension and leaving

We may suspend an account, which makes it read-only, if fees stay unpaid after we have reminded your admins (or, if a reseller bills you, after the reseller's invoice is overdue), or straight away if the account is used in a way that breaks these terms or puts BMexa or other people at risk. We tell your admins why, and lift the suspension once the problem is fixed.

You may leave at any time by telling us at support@bmexa.com. A trial that ends without a plan costs nothing. Before your account closes, admins can export what they need, and we send any further export you ask for.

Within 90 days after an account closes, we delete or anonymise its data, except what the law requires us to keep, such as tax records. Until then we keep a copy, so that we can restore the account if you come back. BMexa's own invoices and payment records with you are kept for 8 years, as tax law requires, and then destroyed.

Changes to these terms

We post any change here with a new date. If a change matters to customers, we tell your admins at least 30 days before it applies. Using BMexa after that means you accept the change; if you do not, you may leave before it applies.

Law and disputes

These terms are governed by the laws of India. Before going to court, tell us about the dispute at support@bmexa.com and give us 30 days to resolve it. The courts at Sonipat, Haryana decide any dispute that remains.

Contact

BMexa, a sole proprietorship of Prince. Address: Ground Floor, C/O Sukentla, Preet Vihar, Near Dahiya Hospital, Rathdhana, Sonipat, Haryana 131001. Email: support@bmexa.com. Phone: +91 78348 18630.

Grievance officer for personal data: Mukesh Saroha, COO. Email: support@bmexa.com.