Terms of Service

1. Definitions

• "SecureConsent" means the SaaS platform, APIs, SDKs, and associated services provided by Intricare Technologies.
• "Customer" means a business or individual that has registered to use SecureConsent.
• "Data Principal" means an end user whose personal data is processed through SecureConsent on behalf of the Customer.
• "Personal Data" has the meaning given to it under the Digital Personal Data Protection Act, 2023 (DPDP Act).
• "Services" means all features, tools, APIs, dashboards, and support provided under SecureConsent.

2. Eligibility and Account Registration

SecureConsent is available to businesses and individuals who are legally capable of entering into a binding contract under Indian law. By registering, you represent that:

• You are at least 18 years of age.
• You are authorised to act on behalf of the business entity you represent.
• The information you provide during registration is accurate and complete.
• You will keep your account credentials confidential and notify us immediately of any unauthorised access.

3. Permitted Use

Customers may use SecureConsent solely to:

• Collect, manage, and store consent records from their own Data Principals in compliance with applicable law.
• Securely collect and store identity documents (Aadhaar, PAN, etc.) on behalf of their Data Principals.
• Integrate SecureConsent into their own products and services via the provided APIs and SDKs.
• Access compliance reports, audit trails, and certificates of storage or deletion for their own business purposes.

4. Prohibited Use

You must not use SecureConsent to:

• Collect consent or process personal data for any purpose not disclosed to the Data Principal.
• Process personal data of children (under 18) without verifiable parental consent.
• Circumvent or attempt to circumvent any data protection obligation under the DPDP Act or any other applicable law.
• Sell, sublicense, or resell the SecureConsent platform or its data without our written permission.
• Attempt to gain unauthorised access to any part of the SecureConsent infrastructure.
• Use the platform in any manner that is fraudulent, illegal, or harmful to any person.
• Upload malicious code, viruses, or any content that could damage SecureConsent systems.

5. Data Processing Agreement

Where SecureConsent processes personal data of your Data Principals on your behalf, Intricare Technologies acts as a Data Processor and you act as the Data Fiduciary under the DPDP Act. By accepting these Terms, you also accept the SecureConsent Data Processing Agreement (DPA), which is incorporated herein by reference and governs:

• The nature and purpose of data processing.
• Security measures we implement to protect the data.
• Your obligations as Data Fiduciary, including obtaining valid consent from Data Principals.
• Breach notification procedures.
• Sub-processor arrangements.

You acknowledge that you are solely responsible for ensuring that your use of SecureConsent complies with the DPDP Act, applicable sectoral regulations (RERA, DISHA, NCPCR guidelines, etc.), and any other applicable law.

6. Pricing, Billing, and Payment

Access to SecureConsent is provided on a subscription basis. Pricing plans are published on our website and may change with 30 days' notice to existing customers. All prices are in Indian Rupees (INR) exclusive of applicable taxes.

• Subscriptions are billed monthly or annually in advance.
• Overage charges for API calls or storage beyond plan limits are billed at the end of each billing period.
• All fees are non-refundable except as required by applicable law or as expressly stated in the relevant plan documentation.
• Failure to pay may result in suspension of access after 14 days' notice.

7. Free Trial and Beta Access

We may offer a free trial or beta access period. During this period, the platform is provided "as-is" with limited support. We reserve the right to modify or terminate a free trial at any time without notice. Data created during a free trial may be deleted if you do not convert to a paid plan within 30 days of trial expiry.

8. Intellectual Property

SecureConsent, including all software, APIs, designs, documentation, and trademarks, is the intellectual property of Intricare Technologies. These Terms grant you a limited, non-exclusive, non-transferable licence to access and use SecureConsent for your own business purposes during the term of your subscription.

You retain all rights in your own data. By using SecureConsent, you grant us a limited licence to process your data solely to provide the Services.

9. Confidentiality

Both parties agree to keep confidential any non-public information disclosed by the other party in connection with these Terms, including technical, commercial, or personal data. This obligation survives termination of these Terms for 3 years, except for information that becomes publicly known through no fault of either party.

10. Availability and Uptime

We target 99.5% monthly uptime for the core API and dashboard. Planned maintenance will be announced at least 48 hours in advance via email to registered accounts. We are not liable for downtime caused by circumstances outside our reasonable control, including third-party infrastructure failures, natural disasters, or government actions.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• SecureConsent is provided on an "as-is" and "as-available" basis. We make no warranty that it will be error-free or uninterrupted.
• Our total liability to you for any claims arising out of or related to these Terms or the Services shall not exceed the amounts paid by you in the 3 months preceding the claim.
• We shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

12. Indemnification

You agree to indemnify and hold harmless Intricare Technologies, its directors, employees, and agents from any claims, damages, penalties, fines, or expenses (including legal fees) arising from:

• Your use of SecureConsent in violation of these Terms or applicable law.
• Your failure to obtain valid consent from Data Principals before collecting their data.
• Any claim by a Data Principal, regulator, or third party arising from your data practices.

13. Termination

Either party may terminate these Terms by giving 30 days' written notice. We may suspend or terminate your account immediately if:

• You materially breach these Terms and fail to remedy the breach within 14 days of written notice.
• You use SecureConsent in a manner that creates legal risk for us or third parties.
• You fail to pay undisputed fees for more than 30 days.

Upon termination, your access to SecureConsent will cease. Data held by us on your behalf will be returned in a portable format or deleted within 30 days, at your election. Consent records that are subject to retention obligations under applicable law will be retained for the legally required period.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Vadodara, Gujarat, India.

Before initiating formal legal proceedings, both parties agree to attempt resolution through good-faith negotiation for at least 30 days. If unresolved, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual agreement.

15. Changes to These Terms

We may update these Terms from time to time. We will provide 30 days' advance written notice for material changes. Your continued use of SecureConsent after the effective date of any change constitutes acceptance of the revised Terms. If you do not accept the changes, you may terminate your subscription without penalty before the effective date.

16. Contact

For any questions about these Terms:
Arpan Shah, Intricare Technologies
401-405 Lotus Elite, Gotri, Vadodara 390018, Gujarat, India
Email: [email protected]