Refunds and cancellations.

01 Scope and application

This policy states the circumstances in which amounts paid to Mobilebytesensei Private Limited ("Mobile Byte Sensei", "we", "us") are refundable, and the procedure for cancelling a subscription, plan or engagement. It is published under rule 5(3) of the Consumer Protection (E-Commerce) Rules 2020 and forms part of our Terms of use.

Where a signed agreement governs a payment, that agreement prevails over this policy to the extent of any inconsistency. Where the rules of an application store govern a transaction, those rules prevail, as the transaction is concluded with the store.

02 Transactions covered

All goods supplied by us are digital. No physical goods are sold or dispatched, and accordingly no right of return arises. A remedy under this policy takes the form of cancellation of future access and, where the conditions below are satisfied, a refund of amounts paid.

This policy applies to:

• Subscriptions and purchases made within our applications through Google Play or the Apple App Store
• Subscriptions and purchases made directly from us and processed through Stripe or Razorpay
• Professional services engagements, comprising discovery sprints, build engagements and hold-and-improve retainers
• Free and advertising-supported applications, in respect of which no payment is made and no refund arises

03 Seller of record

A purchase made within an application distributed through Google Play or the Apple App Store is concluded with that store. The store is the seller of record, charges the payment method and holds the sole ability to reverse the charge. We have no access to the payment instrument and cannot process a refund of such a transaction. On request we will support a refund application made to the store, but the decision rests with the store.

04 Refunds on direct purchases

This clause applies only to payments received by us through Stripe or Razorpay. It does not apply to transactions to which clause 3 applies.

An initial payment may be cancelled and refunded in full within seven days of the date of that payment. No reason is required, and no deduction is made in respect of use during that period.

A renewal payment is refundable in full within seven days of the charge where the renewed period has not been used. A refund of a renewal outside that period may be granted where a renewal notice failed to reach the payer.

05 Non-refundable amounts

The following are not refundable:

• A payment in respect of which the seven-day period in clause 4 has expired, save where an exception in that clause or a statutory right applies
• Professional services already performed, and fees for a discovery sprint that has commenced, as set out in clause 7
• A licence key, source code or other downloadable artefact that has been delivered and accessed
• Amounts paid in respect of access terminated by us for breach of our Terms of use, fraud, chargeback abuse or unlawful use
• Taxes, bank charges and currency-conversion losses imposed by a third party and not received by us
• A payment where the feature or limitation complained of was accurately described on the product page, store listing or documentation before purchase

06 Cancellation

Cancellation prevents further charges. Access continues until the end of the period already paid for and is not terminated on the date of cancellation. Retention of data following cancellation is governed by our Privacy policy.

Cancellation must be effected through the channel that administers the charge. A subscription purchased through an application store cannot be cancelled by us. Uninstalling an application does not cancel a subscription associated with it.

07 Professional services engagements

This clause describes our standard terms. The binding terms of an engagement are those of the signed agreement, which prevails to the extent of any inconsistency.

A services engagement is not a consumer purchase, and the seven-day period in clause 4 does not apply to it. Fees are payable in respect of work performed to the end of the notice period. No termination penalty is charged.

08 Free and advertising-supported applications

Certain applications are supplied free of charge and are supported by advertising, by an optional subscription, or by both. Where no payment has been made, no refund arises. Where an optional subscription has been purchased within a free application, clauses 3 to 5 apply to that subscription.

Where the removal of advertising forms part of a paid tier, that fact is stated in the store listing before purchase, and a failure to deliver it constitutes a defect remediable by correction or refund.

09 Procedure for a refund request

A request is to be sent to billing@mobilebytesensei.com from the email address associated with the account or the payment, stating the product, the date and amount of the charge, and the order, invoice or transaction reference. Where no reference is available, evidence of the charge is sufficient.

No reason need be given for a request made within the period specified in clause 4.

10 Escalation and consumer rights

A determination may be referred for review by written request to legal@mobilebytesensei.com, enclosing the original request and our response. The review is conducted by a person who did not make the original determination. A referral is acknowledged within forty-eight hours and determined within thirty days.

A dispute should be raised with us before a chargeback is initiated with the card issuer, a chargeback precluding settlement by direct refund for the duration of the issuer's process.

Nothing in this policy limits any right under the Consumer Protection Act 2019, including the right to approach the consumer commission having jurisdiction at the consumer's place of residence, or any non-waivable right under the law of the consumer's country of residence.

11 Governing law and jurisdiction

This policy is governed by and construed in accordance with the laws of India. Subject to clause 10 and to any non-waivable consumer right, the courts at Delhi, India have exclusive jurisdiction over any dispute arising out of or in connection with it.

12 Amendment

This policy may be amended. The version applicable to a transaction is the version published on the date of that transaction; an amendment does not operate retrospectively to withdraw a refund right accrued in respect of a payment already made. The date at the head of this page states when it was last amended.