Terms of Use

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and DataArtha Solutions ("Company," "we," "us," or "our") concerning your access to and use of our website, products, and services (collectively, the "Services").

By accessing or using our Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using our Services, you represent and warrant that you meet these eligibility requirements.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Access to Services

Access to DataArtha Prime, DataArtha Pulse, and related business applications is provided as part of a contracted engagement between your organisation and DataArtha, established through our sales and onboarding process. We do not offer self-service account creation or subscription sign-up through this website. To request access, contact us or request a demo using the channels provided on this website.

Once your organisation's engagement is active, your organisation is responsible for managing which individuals within it are authorised to access the Services, maintaining the security of any credentials issued, and notifying us promptly of any unauthorised use.

We reserve the right to suspend or terminate access to the Services in accordance with the terms of the applicable service agreement between your organisation and DataArtha.

4. Use of Services

4.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

4.2 Restrictions

You agree not to:

• Use the Services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or networks
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any proprietary notices or labels
• Use automated systems to access the Services without authorization
• Interfere with or disrupt the Services or servers
• Resell or redistribute the Services without our written consent

5. Intellectual Property Rights

5.1 Our Rights

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, and software, are the exclusive property of DataArtha Solutions and are protected by copyright, trademark, and other intellectual property laws.

5.2 Your Content

You retain ownership of any content you submit, post, or display through the Services ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute Your Content solely for the purpose of providing and improving the Services.

5.3 Feedback

Any feedback, suggestions, or ideas you provide to us regarding the Services become our property, and we may use them without restriction or compensation to you.

6. Fees and Commercial Terms

Fees for DataArtha Prime, DataArtha Pulse, and related services are set out in the commercial agreement between your organisation and DataArtha, not on this website. This website does not process payments or manage billing directly. Pricing, invoicing, and payment terms are agreed separately as part of your organisation's engagement with us.

7. Confidentiality

Each party agrees to maintain the confidentiality of any proprietary or confidential information received from the other party and to use such information only for the purposes contemplated by these Terms.

8. Data Protection and Privacy

Our collection and use of personal information in connection with the Services is described in our Privacy Policy. By using the Services, you consent to our collection and use of data as outlined in the Privacy Policy.

9. Service Availability and Modifications

We strive to provide reliable Services, but we do not guarantee that the Services will be uninterrupted, error-free, or completely secure. We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Services at any time
• Impose limits on certain features or restrict access to parts of the Services
• Perform maintenance and updates without prior notice

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATAARTHA SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE LOWER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) IF YOUR ENGAGEMENT WITH US HAS LASTED LESS THAN TWELVE (12) MONTHS, THE TOTAL FEES PAID BY YOU TO US UNDER THE APPLICABLE AGREEMENT; PROVIDED, HOWEVER, THAT THIS LIMIT SHALL IN NO EVENT BE LESS THAN INR 10,000. ALL AMOUNTS UNDER THIS SECTION ARE STATED IN INDIAN RUPEES (INR).

12. Indemnification

You agree to indemnify, defend, and hold harmless DataArtha Solutions, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content

13. Dispute Resolution

13.1 Informal Resolution

If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

13.3 Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Arbitration and Conciliation Act, 1996 (India), except that either party may seek injunctive relief in court.

14. Termination

Either party may terminate these Terms at any time. Upon termination:

• Your right to access and use the Services will immediately cease
• We may delete data associated with your organisation's use of the Services
• All provisions that by their nature should survive termination shall survive

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and DataArtha Solutions regarding the Services and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: