Terms of Service

Introduction

Welcome to RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED. These Terms of Service ("Terms") govern your access to and use of RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED's websites, services, and applications (collectively, the "Services"), so please read them carefully before using the Services. In these Terms, "Company", "we", "us", and "our" refer to RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED; "Services" refers to all products and platforms offered by CloudServe Digital.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use our Services.

These Terms apply to all visitors, users, and others who access or use our Services, including all RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED divisions: CloudServe Digital, CloudServe Labs, and CloudServe Apps.

Use of Services

Subject to these Terms, RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal or business purposes.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

You must not:

• Use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services;
• Use the Services in any way that is unlawful, illegal, fraudulent, or harmful;
• Use the Services for any purpose that RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED has not specifically authorized;
• Copy, modify, distribute, sell, lease, or sublicense any part of our Services without explicit permission;
• Attempt to reverse engineer, decompile, or disassemble any portion of the Services;
• Use any automated system or software to extract data from our websites (screen scraping, web harvesting, data mining, etc.).

Service Availability and Modifications

RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

We strive to keep our Services up and running; however, all online services may experience occasional disruptions and outages, and RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED is not liable for any disruption or loss you may suffer as a result.

We may release products and features that are still being tested and evaluated. These Services will be marked as pre-release, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as other Services.

User Content

Some of our Services allow you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send, or receive content to or through our Services, you give RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.

You represent and warrant that:

• You own or control all rights to the content you provide, or you have the legal right to post and transmit such content;
• The content does not violate these Terms and will not cause injury to any person or entity;
• Your content does not infringe or violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Intellectual Property

The Services and their original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED and its licensors. The Services are protected by copyright, trademark, and other laws of both India and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CLOUDSERVE INFOTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CLOUDSERVE INFOTECH DOES NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

Limitation of Liability

IN NO EVENT SHALL CLOUDSERVE INFOTECH, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Services, (b) a breach of these Terms, (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right, (d) any User Content you submit or transmit through the Services, or (e) any willful misconduct by you.

Governing Law and Jurisdiction (India)

These Terms of Service shall be governed by and construed in accordance with the laws of India, including but not limited to:

• The Indian Contract Act, 1872
• The Information Technology Act, 2000 and Information Technology (Amendment) Act, 2008
• The Digital Personal Data Protection Act, 2023 (DPDPA 2023)
• The Consumer Protection Act, 2019 (for consumer services)
• The Goods and Services Tax Act, 2017

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Exclusive Jurisdiction

Any disputes, claims, or legal proceedings arising out of or relating to these Terms or the use of our Services shall be subject to the exclusive jurisdiction of the competent courts in Bengaluru, Karnataka, India. You hereby irrevocably consent to the jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

Dispute Resolution

Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute through the following process:

1. Direct Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiations within 30 days of written notice of the dispute.
2. Mediation: If direct negotiation fails, the parties may agree to mediation before a mutually acceptable mediator in Bengaluru, Karnataka.
3. Arbitration: If mediation is unsuccessful, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, with arbitration proceedings conducted in Bengaluru, Karnataka, India. The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties.
4. Litigation: If arbitration is not feasible or fails, either party may pursue legal remedies in the courts of Bengaluru, Karnataka, India.

India-Specific Provisions

GST and Taxation

Consumer Protection (India)

If you are a consumer in India, your rights under the Consumer Protection Act, 2019 are not affected by these Terms. In case of any conflict between these Terms and the Consumer Protection Act, 2019, the provisions of the Consumer Protection Act shall prevail.

For consumer grievances, you may:

• Contact us at [email protected]
• File a complaint with the National Consumer Helpline: 1800-11-4000 or 14404
• Approach the Consumer Disputes Redressal Commission having jurisdiction over the matter

Data Protection and Privacy (DPDPA 2023)

RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED is a Data Fiduciary under the Digital Personal Data Protection Act, 2023. Your personal data will be processed in accordance with our Privacy Policy and DPDPA 2023.

Key provisions under DPDPA 2023:

• We will process your personal data only with your explicit consent or where permitted by law
• You have the right to access, correct, erase, and port your personal data
• You may withdraw consent at any time
• We will notify you within 72 hours in case of any data breach
• You may file complaints with our Grievance Officer at [email protected]

Information Technology Act, 2000

These Terms are published in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder (as amended from time to time), specifically Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.

For any violations or cyber security incidents, please report immediately to: [email protected]

Payment Gateway and RBI Compliance

Note: Our current website does not process payments directly. In the future, when we introduce payment processing for our services:

• All payment gateways will be compliant with Reserve Bank of India (RBI) guidelines
• We will use only RBI-authorized payment aggregators and payment gateways
• All transactions will comply with the Payment and Settlement Systems Act, 2007
• Additional charges tokenization as per RBI guidelines on Card-on-File Tokenization
• Refund and cancellation policies will be clearly disclosed before transactions

Intellectual Property and Copyright (India)

All intellectual property rights in our Services are protected under:

• The Copyright Act, 1957
• The Trade Marks Act, 1999
• The Patents Act, 1970
• The Designs Act, 2000
• The Information Technology Act, 2000

Unauthorized use, reproduction, or distribution of our intellectual property may result in civil and criminal penalties under Indian law.

Force Majeure

RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God (natural disasters, epidemics, pandemics)
• War, terrorism, civil unrest, or government actions
• Internet service provider failures or telecommunications breakdowns
• Power outages or hardware failures beyond our control
• Labor disputes, strikes, or lockouts
• Changes in laws or regulations that materially affect our ability to provide Services

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Entire Agreement

These Terms constitute the entire agreement between you and RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED regarding our Services and supersede any prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and RAMSIO CLOUDSERVE INFOTECH PRIVATE LIMITED (including, but not limited to, any prior versions of the Terms).

Contact Us

If you have any questions about these Terms of Service, please contact us through the appropriate department:

Acknowledgment: By using our Services, you acknowledge that you have read these Terms of Service and agree to be bound by them. These Terms are compliant with Indian laws including the Information Technology Act 2000, DPDPA 2023, Consumer Protection Act 2019, and GST Act 2017.