Terms of Service

Accepting these Terms

By creating an account, starting a trial or using the platform, you accept these Terms on behalf of the organization you represent ("Customer") and confirm that you have authority to bind it. The services are offered only to businesses, including insurers, third-party administrators, self-insured entities, captives, risk pools and their authorized service providers, and not to consumers.

The services

Ishqkala provides subrogation opportunity detection, liability scoring, deadline tracking and recovery workflow software, including the Unstructured Data Mining, Liability Reasoning Engine, SOL Tracking Engine, Demand Package Builder, Closed-Claim Sweeper and Real-Time FNOL Triggers modules. The modules, claim volumes and service levels included in Customer's subscription are set out in its Order Form.

The Free Closed-Claim Audit covers up to 500 closed claim files and produces a Subrogation Opportunity Manifest within five business days of receiving complete files. The 14-day free production trial gives access to the modules named in the trial confirmation. Both are governed by these Terms, including the confidentiality and data protection terms below.

Professional responsibility

Ishqkala is software. It does not practice law, give legal opinions, file lawsuits, contact adverse parties or act as a collection agency. Opportunity scores, liability analyses, deadline calculations and draft demand packages support Customer's licensed claim professionals and counsel, who review and make every subrogation decision and take every recovery action.

Customer remains responsible for compliance with the claims handling, unfair claims settlement and licensing laws that apply to it, and for confirming the controlling limitation or notice deadline on any claim before relying on it. Deadline calculations reflect the data Customer provides and the statutes in our rules library as of the date shown in the platform.

Accounts and acceptable use

Customer is responsible for its users and for keeping credentials confidential. Users must sign in through single sign-on or multi-factor authentication. Customer will not, and will not allow anyone to: reverse engineer the platform; upload data it has no lawful right to provide; use the platform to harass or threaten any person; introduce malware; circumvent usage limits or tenant boundaries; test the platform's security except under our Security Policy; or use the services to build a competing product.

Customer Data

Customer owns all claim files and other data it submits ("Customer Data") and all outputs generated from them, including manifests and demand packages. Customer grants Ishqkala a limited license to host, process and display Customer Data solely to provide the services. Ishqkala processes Customer Data under the Data Processing Addendum and, for protected health information, the Business Associate Agreement.

Ishqkala does not use Customer Data to train any AI model. We may use service metadata, such as feature usage counts and processing times, to operate and improve the platform; that metadata never contains claim content. Aggregated benchmark statistics are published only with participating customers' written consent and never identify a customer, claim or individual.

Customer is responsible for having the notices, authorizations and legal basis needed to provide Customer Data to Ishqkala, including under the Gramm-Leach-Bliley Act and state insurance privacy laws.

Fees and payment

Fees are stated in the Order Form. Contingency fees apply to net dollars actually recovered on opportunities Ishqkala identified, within the attribution window in the Order Form. Under a Closed-Claim Recovery Sweep, if Ishqkala finds no actionable subrogation, Customer owes nothing. Platform fees are billed monthly or annually in advance. Invoices are due within 30 days, and fees exclude taxes, which Customer pays other than taxes on Ishqkala's income.

Confidentiality and intellectual property

Each party will protect the other's confidential information with at least reasonable care and use it only to perform under these Terms. Ishqkala owns the platform, its models, its statute and case law rules library, and all improvements to them. If Customer sends suggestions, Ishqkala may use them without obligation.

Warranties

Ishqkala warrants that the services will perform materially as described in the documentation and that it will maintain the security program described in its Security Policy. If Ishqkala breaches this warranty and does not cure within 30 days of notice, Customer may terminate the affected service and receive a refund of prepaid, unused fees.

Except as stated in this section, the services are provided without other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Ishqkala does not guarantee any recovery amount or the outcome of any negotiation, arbitration or lawsuit.

Liability and indemnity

Neither party is liable for indirect, incidental, special or consequential damages or lost profits. Each party's total liability is limited to the fees paid or payable in the 12 months before the event giving rise to the claim, or the higher cap stated in the Order Form for breaches of data protection obligations. These limits do not apply to payment obligations, indemnity obligations, or gross negligence or willful misconduct.

Ishqkala will defend Customer against third-party claims that the platform infringes a US patent, copyright or trademark, and pay resulting damages. Customer will defend Ishqkala against third-party claims arising from Customer Data provided without legal right or from recovery actions Customer takes.

Term and termination

The subscription term is set in the Order Form. Either party may terminate for a material breach not cured within 30 days of written notice. After termination, Customer may export its data for 30 days, after which Ishqkala deletes it as described in the Data Processing Addendum. Sections on confidentiality, fees owed, liability, indemnity and governing law survive termination.

Governing law and general terms

These Terms are governed by the laws of India, without regard to conflict of laws rules. The parties will first try to resolve any dispute through good-faith negotiation between executives for 30 days. Unresolved disputes belong exclusively in the courts at New Delhi, India.

Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets. Neither party is liable for delays caused by events beyond its reasonable control. We will give at least 30 days' notice before a material change to these Terms takes effect. Legal notices go to legal@ishqkala.si and to ISHQKALA PRIVATE LIMITED, 10/135 Geeta Colony, East Delhi, Delhi, 110031, India.