Terms & Conditions

Welcome to Ekatva technologies (“Company”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our websites, software, IoT telemetry platforms, robotics engineering portals, mobile applications, APIs, and associated technical services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Services.

1. Legal Entity & Scope of Agreement

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity, “User”, “Client”, or “you”) and Ekatva technologies, operating out of Ahmedabad, Gujarat, India.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have full legal authority to bind such entity to these Terms.

2. User Eligibility & Account Management

Age Requirement: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Services. In accordance with the Digital Personal Data Protection Act, 2023 (DPDPA), we do not knowingly onboard individuals under 18 years of age without verifiable parental or guardian consent.

Account Credentials: You are responsible for maintaining the confidentiality of your login credentials, API tokens, and access keys. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Accuracy of Information: You agree to provide true, accurate, current, and complete registration information.

3. Acceptable Use & Prohibited Activities

You agree not to use the Services for any unlawful purpose or in violation of these Terms. Specifically, you agree not to:

• Reverse engineer, decompile, disassemble, or extract source code from our software, firmware, robotics control logic, or IoT telemetry endpoints.
• Probe, scan, or test the vulnerability of any system, network, or cloud deployment without explicit prior written authorization from Ekatva technologies.
• Transmit malicious code, viruses, worms, Trojan horses, or corrupted data.
• Circumvent or modify any security mechanism, rate limiting, or access control.
• Use the Services to infringe on intellectual property, trade secrets, or privacy rights of any third party.
• Resell, sublicense, or distribute the Services to third parties unless expressly permitted under a separate Enterprise Master Services Agreement (MSA).

4. Intellectual Property Rights

Company IP: All software, firmware architectures, IoT telemetry designs, robotics codebases, algorithms, user interfaces, documentation, trademarks, and logos are the exclusive property of Ekatva technologies or its licensors.

Client IP & Data: You retain full ownership of all data, telemetry metrics, logs, configurations, and materials uploaded or submitted by you to the Services (“Client Data”). You grant us a limited, non-exclusive, worldwide, royalty-free license to host, process, and transmit Client Data solely to provide, secure, and maintain the Services.

Feedback: Any feedback, suggestions, or technical feature requests submitted by you may be incorporated into our Services without obligation of compensation or attribution.

5. Regulatory Compliance & Data Privacy

We are committed to operating in full compliance with global and regional data protection frameworks, including:

• Digital Personal Data Protection Act, 2023 (DPDPA – India)
• General Data Protection Regulation (EU GDPR / UK GDPR)
• California Consumer Privacy Act / California Privacy Rights Act (CCPA / CPRA)

5.1 Roles and Processing Obligations

Ekatva as Data Fiduciary / Business / Controller: For account management, billing, customer relationship management, and identity verification data, Ekatva technologies acts as the Data Fiduciary (under DPDPA) or Data Controller (under GDPR).

Ekatva as Data Processor: Where we process personal data or enterprise telemetry on behalf of our enterprise clients, we act as a Data Processor / Service Provider under applicable law, governed by our Data Processing Addendum (DPA).

5.2 User & Data Subject Rights

Depending on your applicable jurisdiction, you retain statutory rights regarding your personal data:

• DPDPA (India): Right to access a summary of personal data processed, right to correction and erasure, right to grievance redressal, and right to nominate an individual in the event of death or incapacity.
• GDPR (EU/UK): Right of access, rectification, erasure (“right to be forgotten”), restriction of processing, data portability, and the right to object to processing.
• CCPA/CPRA (California): Right to know what personal information is collected, right to delete, right to correct inaccurate personal data, and the right not to receive discriminatory treatment for exercising privacy rights. We do not sell or share personal information for cross-context behavioral advertising.

5.3 Cross-Border Data Transfers

Data collected globally may be processed in India or hosted via certified cloud infrastructure in designated regions. All international data transfers comply with statutory mechanisms, including Standard Contractual Clauses (SCCs) for EU/UK transfers and statutory cross-border transfer rules prescribed under the DPDPA.

5.4 Data Protection & Grievance Officer

6. Confidentiality & Security

Both parties agree to protect and keep confidential all non-public information, proprietary specifications, source code, and security audit details disclosed during the term of use.

Ekatva technologies implements administrative, physical, and technical safeguards designed to protect personal and enterprise data against unauthorized access, loss, or alteration, including encryption at rest, encryption in transit (TLS 1.2+), role-based access control (RBAC), and continuous vulnerability monitoring.

7. Service Availability, Maintenance & Warranties

Service Level: We endeavor to ensure continuous uptime and operational stability. However, Services are provided on an “AS IS” and “AS AVAILABLE” basis, except as expressly set forth in an applicable Enterprise Service Level Agreement (SLA).

Maintenance: We reserve the right to perform scheduled and emergency maintenance, system upgrades, and patch deployments. We will make reasonable efforts to provide advance notice for scheduled downtime.

Disclaimer: To the fullest extent permissible under applicable law, Ekatva technologies disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

8. Limitation of Liability

To the maximum extent permitted by applicable law, neither Ekatva technologies nor its directors, officers, employees, or partners shall be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business goodwill, or equipment downtime.

In no event shall our total aggregate liability arising out of or related to these Terms or your use of the Services exceed the total amount paid by you to Ekatva technologies in the twelve (12) months preceding the event giving rise to liability, or INR 10,000 (ten thousand Indian Rupees), whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless Ekatva technologies, its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and reasonable legal expenses arising out of:

• Your violation of these Terms.
• Your violation of applicable laws or third-party rights (including privacy and IP rights).
• Any unauthorized data or content uploaded or transmitted through your account.

10. Suspension and Termination

Termination by You: You may stop using the Services and terminate your account at any time by contacting our support team or through your account portal.

Termination by Us: We reserve the right to suspend or terminate your account immediately if you breach these Terms, fail to pay outstanding invoices, or engage in activity that poses a legal, operational, or cybersecurity risk to our infrastructure or users.

Post-Termination: Upon termination, your right to access the Services ceases. Data retention and deletion after termination will follow our standard data retention policies and statutory requirements.

11. Governing Law & Dispute Resolution

Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Jurisdiction: Courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction over any disputes, claims, or proceedings arising out of or relating to these Terms.

Arbitration: Before initiating formal litigation, the parties agree to resolve disputes through good-faith mutual negotiations. If unresolved within thirty (30) days, the dispute may be referred to arbitration in Ahmedabad in accordance with the Arbitration and Conciliation Act, 1996.

12. Modifications to Terms

We may revise these Terms periodically to reflect changes in our Services, infrastructure, or regulatory requirements. When material changes are made, we will update the “Last Updated” date and notify registered users via email or prominent in-platform notice. Continued use of the Services after notice constitutes acceptance of the modified Terms.

13. Contact Information