Terms of Service

Last updated: 29 August 2026

Acceptance of terms

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.

Related policies

The following policies form part of these Terms and apply to your use of 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 you provide 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, 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.

Service-specific terms

Certain offerings carry supplemental commercial terms described on their respective pages, order forms, or program agreements. Cafiyn FlyWheel and Cafiyn Lens are offered on a straight monthly SaaS subscription, with no revenue share: FlyWheel is priced in Wheels (1 Wheel = 1 target account through the full workflow) across Ignition, Trajectory, Orbit, and Command tiers, and Lens is an optional monthly add-on. Cafiyn Enterprise plans are custom-priced but remain straight SaaS. Cafiyn Biz consulting engagements are scoped individually and may carry custom commercial terms, including fixed-fee, retainer, or outcome-based arrangements, governed by the applicable Statement of Work or agreement.

Where supplemental terms conflict with these Terms, the supplemental terms prevail for that specific offering.

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.

Outbound campaigns and marketing compliance

Certain Services, including Cafiyn FlyWheel, involve Cafiyn conducting outreach to third parties (such as prospective customers of the Customer) on the Customer's behalf and at the Customer's direction.

By using such Services, Customer authorizes Cafiyn to contact third parties on its behalf and represents and warrants that:

  • All information Customer provides about its products, services, pricing, and claims is accurate, current, and not misleading.
  • Customer holds all rights necessary to market the products and services that campaigns promote.
  • Customer's instructions, targeting criteria, and approved messaging comply with applicable laws in the jurisdictions targeted, including anti-spam, consumer protection, telemarketing, and data protection laws (such as CAN-SPAM, GDPR and PECR, and CASL, where applicable).

Cafiyn maintains operational practices designed to support lawful outreach, including honoring opt-out and unsubscribe requests and suppressing contacts who have declined communication. Cafiyn may, at its discretion, decline, modify, pause, or terminate any campaign that it reasonably believes is unlawful, deceptive, harmful, or damaging to deliverability or reputation, without liability and without refund of fees for services already performed.

Customer remains responsible for the substance of what is marketed on its behalf. Indemnification obligations under these Terms apply to claims arising from Customer's products, claims, instructions, or breach of the warranties in this section.

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. The Acceptable Use Policy contains additional detail.

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 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, except as described in the Refund and Cancellation Policy or as required by law.

Fees and payment

Customer agrees to pay all applicable fees.

Unless otherwise agreed:

  • Fees are payable in advance.
  • Fees are non-refundable except as described in the Refund and Cancellation Policy or as required by law.
  • Payments are due according to invoice terms.
  • All fees exclude applicable taxes.

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.

Affiliate program

Cafiyn operates an affiliate program under which approved participants may earn commissions for referred, paying customers. Participation is governed by these Terms and by the program details published on the affiliate page, which together form the agreement between Cafiyn and the affiliate.

By participating, affiliates agree that:

  • Commissions accrue only on genuine, paying referrals attributed through the affiliate's assigned link or code, and become payable per the schedule and thresholds published on the program page.
  • Commissions are reversed for referrals that are refunded, subject to chargeback, fraudulent, or self-referred.
  • Prohibited promotion methods include: sending spam or unsolicited communications; bidding on Cafiyn trademarks or brand terms in paid search; misrepresenting Cafiyn, its pricing, or its products; posing as Cafiyn; and any unlawful or deceptive practice. Violations forfeit accrued commissions and result in removal from the program.
  • Affiliates are independent parties, not employees, agents, or representatives of Cafiyn, and have no authority to bind Cafiyn.

Cafiyn may modify commission rates or program mechanics prospectively, and may suspend or terminate the program or any participant's account for breach. Commissions properly accrued before a lawful termination remain payable.

Trials, evaluations, and preview services

Cafiyn may provide trials, proofs of concept, beta offerings, pilot programs, or 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, and 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, 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.

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, or with prior written consent.

Confidentiality obligations survive termination for five (5) years.

Publicity

Customer grants Cafiyn a limited, non-exclusive right to use Customer's name and logo to identify Customer as a user of the Services, including in customer lists on our websites and in marketing materials.

Case studies, testimonials, or success stories that describe Customer's use of the Services in any detail will only be published with Customer's prior consent.

Customer may withdraw this permission at any time by writing to infosec@cafiyn.com, and Cafiyn will remove the relevant usage from its active websites and future materials within a reasonable period.

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 our 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. The Information Security Policy describes our security program in more detail.

Third-party services

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.

Electronic communications

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.

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, 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.

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, and 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.

Changes to these terms

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.

Notices

Legal notices to Cafiyn must be sent by email to infosec@cafiyn.com or by post to Cafiyn Innovations LLP, No. 235, 13th Cross, Indiranagar 2 Stage, Bengaluru, Karnataka, India, 560038.

Notices to Customer may be delivered electronically to the contact details associated with the Customer's account or inquiry.

Assignment

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.

Waiver

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.

Severability

If any provision is determined unenforceable, remaining provisions shall remain in effect.

Entire agreement

These Terms, together with the related policies listed above, 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: 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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