Acceptance of terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "User", "you", or "your") and Cafiyn ("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.
Eligibility
You represent and warrant that:
- You are legally capable of entering into binding agreements.
You are at least eighteen (18) years of age or the age of majority in your jurisdiction.
Information provided to Cafiyn is accurate and complete.
Your use of the Services complies with all applicable laws and regulations.
Services
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
- 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.
Account registration and security
Access to certain Services may require account registration.
You agree to:
- Maintain accurate registration information
- Protect login credentials
- Restrict unauthorized access
- Notify Cafiyn of suspected account compromise
- 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 responsibilities
Customer shall:
- Use Services lawfully
- Maintain adequate endpoint security
- Protect credentials
- Ensure accuracy of submitted information
- Comply with applicable laws
- Cooperate with reasonable security investigations
- Customer remains responsible for actions taken by authorized users.
Prohibited activities
You shall not:
- Violate laws or regulations
- Circumvent security controls
- Attempt unauthorized access
- Interfere with Services
- Reverse engineer Services except where legally permitted
- Introduce malware
- Perform denial-of-service attacks
- Conduct unauthorized security testing
- Use Services for fraudulent activities
- Misrepresent identity
- Violation of this section may result in immediate suspension or termination.
Subscriptions
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:
- Subscriptions automatically renew
- Renewal occurs at the end of the current term
- Renewal uses the then-current pricing
- Customers may cancel future renewals before the renewal date.
- Cancellation does not entitle Customer to refunds for previously paid fees.
Fees and payment
Customer agrees to pay all applicable fees.
Unless otherwise agreed:
- Fees are payable in advance
- Fees are non-refundable
- Payments are due according to invoice terms
- All fees exclude applicable taxes
- Customer is responsible for:
- GST
- Duties
- Levies
- Withholding taxes
- Similar governmental charges
- Failure to pay may result in:
- Service suspension
- Account restriction
- Service termination
- Debt recovery proceedings
Interest may be charged on overdue amounts to the maximum extent permitted by law.
Trials, evaluations, and preview services
Cafiyn may provide:
- Trials
- Proofs of concept
- Beta offerings
- Pilot programs
- Preview functionality
- Such Services are provided solely for evaluation purposes.
- Trial Services:
- May be modified
- May be discontinued
- May contain defects
- May not be fully supported
Trial Services are provided without warranties, uptime commitments, or service level obligations.
Customer data
Customer retains ownership of data submitted to the Services.
Customer grants Cafiyn a limited, non-exclusive license to:
- Store
- Process
- Transmit
- Display
- such data solely as necessary to provide the Services.
- Customer represents that it has all rights necessary to provide such data.
Intellectual property
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
- Designs
- No ownership rights are transferred to Customer .
- Except as expressly permitted, Customer shall not:
- Copy
- Reproduce
- Distribute
- License
- Sell
- Modify
- Create derivative works
- of the Services.
Feedback
Any suggestions, recommendations, feature requests, or feedback provided to Cafiyn may be used without restriction, attribution, or compensation.
Confidentiality
Each party agrees to protect Confidential Information received from the other party.
Confidential Information includes:
- Technical information
- Security information
- Business plans
- Product roadmaps
- Pricing
- Customer information
- Confidential Information shall not be disclosed except:
- To authorized personnel
- As required by law
- With prior written consent
- Confidentiality obligations survive termination for five (5) years.
Data protection
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 a separate Data Processing Addendum (DPA).
Security
Cafiyn maintains administrative, technical, and organizational safeguards designed to protect information and systems.
Security measures may include:
- Encryption in transit
- Access controls
- Logging and monitoring
- Vulnerability management
- Backup procedures
- Security reviews
- No system can be guaranteed to be completely secure.
Third-party services
Services may integrate with third-party products or providers.
Cafiyn is not responsible for:
- Third-party availability
- Third-party security practices
- Third-party outages
- Third-party content
- Use of third-party services remains subject to their respective terms.
Electronic communications
You consent to receive communications electronically.
Such communications may include:
- Notices
- Invoices
- Policy updates
- Security alerts
- Service announcements
Electronic communications satisfy legal requirements for written communications.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
- CAFIYN DISCLAIMS ALL WARRANTIES INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY
- RELIABILITY
- AVAILABILITY
- CAFIYN DOES NOT WARRANT THAT:
- SERVICES WILL BE ERROR FREE
- SERVICES WILL BE UNINTERRUPTED
- ALL DEFECTS WILL BE CORRECTED
- SERVICES WILL MEET EVERY REQUIREMENT
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAFIYN SHALL NOT BE LIABLE FOR:
- INDIRECT DAMAGES
- INCIDENTAL DAMAGES
- SPECIAL DAMAGES
- EXEMPLARY DAMAGES
- CONSEQUENTIAL DAMAGES
- LOSS OF PROFITS
- LOSS OF REVENUE
- LOSS OF DATA
- LOSS OF GOODWILL
- BUSINESS INTERRUPTION
- REGARDLESS OF THEORY OF LIABILITY.
Liability cap
EXCEPT FOR:
- FRAUD
- GROSS NEGLIGENCE
- WILLFUL MISCONDUCT
- BREACH OF CONFIDENTIALITY
- INTELLECTUAL PROPERTY INFRINGEMENT
- 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.
Indemnification
Customer agrees to defend, indemnify, and hold harmless Cafiyn and its officers, directors, employees,
contractors, and affiliates from claims arising from:
- Customer misuse
- Violation of law
- Breach of these Terms
- Customer data
- Unauthorized activities
Force majeure
Neither party shall be liable for delays or failures caused by events beyond reasonable control including:
- Natural disasters
- Floods
- Fires
- Pandemics
- Government actions
- Internet outages
- Utility failures
- War
- Civil unrest
Export controls
Customer agrees to comply with applicable export control, trade restriction, and sanctions laws.
Customer shall not use the Services in violation of such laws.
Suspension and termination
Cafiyn may suspend or terminate access:
- For non-payment
- For security concerns
- For legal requirements
- For policy violations
- For fraudulent activity
- Upon termination:
- Access rights cease
- Licenses terminate
- Outstanding fees remain due
Governing law and jurisdiction
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.
Assignment
Customer may not assign rights or obligations without prior written consent.
Cafiyn may assign these Terms in connection with:
- Merger
- Acquisition
- Corporate restructuring
- Sale of assets
Severability
If any provision is determined unenforceable, remaining provisions shall remain in effect.
Entire agreement
These Terms, together with related policies, DPAs, order forms, and written agreements, constitute the entire agreement between the parties.
Survival
The following provisions survive termination:
- Intellectual Property
- Confidentiality
- Payment Obligations
- Indemnification
- Disclaimers
- Limitation of Liability
- Governing Law
- Survival
Contact information
Legal, Compliance and Contractual Notices
Email: infosec@cafiyn.com
All legal notices, compliance inquiries, contract-related requests, and concerns regarding these Terms shall be directed to the above address.