These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "User", "you", or "your") and Cafiyn Innovations LLP ("Cafiyn", "Company", "we", "our", or "us") governing your access to and use of our websites, software, applications, customer portals, subscription services, documentation, and related offerings (collectively, the "Services").
By accessing, using, registering for, purchasing, subscribing to, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
If you do not agree to these Terms, you must not access or use the Services.
The following policies form part of these Terms and apply to your use of the Services:
You represent and warrant that:
Cafiyn provides software applications, web-based services, subscription offerings, customer portals, reporting capabilities, consulting services, implementation services, support services, and related technology solutions.
Cafiyn may add or remove functionality, modify features, improve security controls, enhance performance, update infrastructure, or change technical requirements, provided such changes do not materially reduce core subscribed functionality.
Nothing in these Terms obligates Cafiyn to maintain any specific feature indefinitely.
Certain offerings carry supplemental commercial terms described on their respective pages, order forms, or program agreements. For example, Cafiyn FlyWheel is offered on a straight monthly SaaS subscription priced in Wheels (1 Wheel = 1 target account through the full workflow), across Starter, Growth, Pro, and Scale tiers, and Cafiyn Enterprise engagements may include supplemental commercial terms (including custom volume, revenue-share, or SLA terms) governed by an Order Form.
Where supplemental terms conflict with these Terms, the supplemental terms prevail for that specific offering.
Access to certain Services may require account registration.
You agree to:
You are solely responsible for activities occurring under your account. Cafiyn is not responsible for losses resulting from unauthorized use of credentials caused by your failure to maintain reasonable security practices.
Customer shall:
Customer remains responsible for actions taken by authorized users.
You shall not:
Violation of this section may result in immediate suspension or termination. The Acceptable Use Policy contains additional detail.
Certain Services are offered on a subscription basis.
Subscriptions begin on the effective date identified in the applicable order form, invoice, quote, or subscription confirmation.
Unless otherwise specified:
Customer agrees to pay all applicable fees.
Unless otherwise agreed:
Customer is responsible for GST, duties, levies, withholding taxes, and similar governmental charges.
Failure to pay may result in service suspension, account restriction, service termination, or debt recovery proceedings. Interest may be charged on overdue amounts to the maximum extent permitted by law.
Cafiyn may provide trials, proofs of concept, beta offerings, pilot programs, or preview functionality. Such Services are provided solely for evaluation purposes.
Trial Services:
Trial Services are provided without warranties, uptime commitments, or service level obligations.
Customer retains ownership of data submitted to the Services.
Customer grants Cafiyn a limited, non-exclusive license to store, process, transmit, and display such data solely as necessary to provide the Services.
Customer represents that it has all rights necessary to provide such data.
All rights, title, and interest in and to the Services remain exclusively owned by Cafiyn and its licensors. This includes software, source code, documentation, user interfaces, branding, trademarks, workflows, databases, and designs.
No ownership rights are transferred to Customer. Except as expressly permitted, Customer shall not copy, reproduce, distribute, license, sell, or modify the Services, or create derivative works of them.
The Copyright and Intellectual Property Policy contains additional detail, including infringement reporting procedures.
Any suggestions, recommendations, feature requests, or feedback provided to Cafiyn may be used without restriction, attribution, or compensation.
Each party agrees to protect Confidential Information received from the other party.
Confidential Information includes:
Confidential Information shall not be disclosed except to authorized personnel, as required by law, or with prior written consent.
Confidentiality obligations survive termination for five (5) years.
Where Personal Information is processed, each party agrees to comply with applicable privacy and data protection laws, including the Digital Personal Data Protection Act, 2023 (India), where applicable.
Additional obligations may be governed by our Data Processing Addendum (DPA).
Cafiyn maintains administrative, technical, and organizational safeguards designed to protect information and systems.
Security measures may include:
No system can be guaranteed to be completely secure. The Information Security Policy describes our security program in more detail.
Services may integrate with third-party products or providers.
Cafiyn is not responsible for third-party availability, security practices, outages, or content. Use of third-party services remains subject to their respective terms.
You consent to receive communications electronically. Such communications may include notices, invoices, policy updates, security alerts, and service announcements.
Electronic communications satisfy legal requirements for written communications. Marketing communications are governed by our Consent and Marketing Communications Policy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
CAFIYN DISCLAIMS ALL WARRANTIES INCLUDING:
CAFIYN DOES NOT WARRANT THAT:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAFIYN SHALL NOT BE LIABLE FOR:
REGARDLESS OF THEORY OF LIABILITY.
EXCEPT FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF CONFIDENTIALITY, INTELLECTUAL PROPERTY INFRINGEMENT, AND OBLIGATIONS THAT CANNOT BE LIMITED BY LAW, CAFIYN'S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
IF NO FEES HAVE BEEN PAID, LIABILITY SHALL NOT EXCEED USD $100 OR ITS INR EQUIVALENT.
Customer agrees to defend, indemnify, and hold harmless Cafiyn and its officers, directors, employees, contractors, and affiliates from claims arising from:
Neither party shall be liable for delays or failures caused by events beyond reasonable control including:
Customer agrees to comply with applicable export control, trade restriction, and sanctions laws.
Customer shall not use the Services in violation of such laws.
Cafiyn may suspend or terminate access:
Upon termination, access rights cease, licenses terminate, and outstanding fees remain due.
These Terms shall be governed by the laws of India.
Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka, India.
Cafiyn may modify these Terms from time to time to reflect legal developments, product changes, or operational requirements.
Material changes will be communicated through reasonable means, such as website publication with a revised effective date or direct communication where appropriate.
Continued use of the Services following the effective date of updated Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services before they take effect.
Legal notices to Cafiyn must be sent by email to infosec@cafiyn.com or by post to Cafiyn Innovations LLP, Bengaluru, Karnataka, India, 560038.
Notices to Customer may be delivered electronically to the contact details associated with the Customer's account or inquiry.
Customer may not assign rights or obligations without prior written consent.
Cafiyn may assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets.
Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that provision or of the right to enforce it later.
If any provision is determined unenforceable, remaining provisions shall remain in effect.
These Terms, together with the related policies listed above, DPAs, order forms, and written agreements, constitute the entire agreement between the parties.
The following provisions survive termination:
Legal, compliance, and contractual notices: infosec@cafiyn.com
All legal notices, compliance inquiries, contract-related requests, and concerns regarding these Terms shall be directed to the above address.
Questions about this policy? Email infosec@cafiyn.com.
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