Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, software products, cloud services, APIs, platforms, consulting services, and related offerings (collectively, the “Services”) provided by Maathra Technology and Consultancy Pvt. Ltd. (“Maathra,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
1. Eligibility and Authority
You represent and warrant that:
- You are at least 18 years of age; and
- You have the legal authority to enter into these Terms on your own behalf or on behalf of the entity you represent.
If you are using the Services on behalf of an organization, you agree that these Terms bind that organization.
2. Scope of Services
Maathra provides, among other things:
- Enterprise software products and platforms
- Cloud-based applications and services
- Custom software development and system integration
- Consulting, implementation, training, and support services
- Documentation, APIs, sample code, and related materials
Certain Services may be governed by separate agreements, statements of work (“SOW”), order forms, or license terms. In case of conflict, those documents will prevail for the applicable Services.
3. Account Registration and Security
Where registration is required:
- You must provide accurate, complete, and current information
- You are responsible for maintaining the confidentiality of your credentials
- You are responsible for all activities conducted under your account
You must promptly notify us of any unauthorized access or security breach.
4. Acceptable Use
You agree not to:
- Use the Services for any unlawful, fraudulent, or malicious purpose
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to systems, data, or networks
- Reverse engineer, decompile, or disassemble any part of the Services, except where expressly permitted by law
- Use the Services to transmit malware, harmful code, or unauthorized data
We reserve the right to suspend or terminate access for violations of this section.
5. Intellectual Property Rights
5.1 Maathra IP
All intellectual property rights in the Services, including software, designs, documentation, trademarks, logos, and content, are owned by or licensed to Maathra.
Except as expressly permitted, no rights are granted to you under these Terms.
5.2 Customer Materials
You retain ownership of any data, content, or materials you provide (“Customer Data”). You grant Maathra a limited, non-exclusive license to use Customer Data solely to provide the Services.
6. Data Protection and Confidentiality
6.1 Data Protection
Maathra processes personal data in accordance with applicable data protection laws and our Privacy Policy, which forms an integral part of these Terms.
6.2 Confidential Information
Each party agrees to protect the other’s confidential information using reasonable care and to use such information only for purposes related to the Services.
7. Third-Party Services and Content
The Services may integrate with or reference third-party products, platforms, or services. Maathra does not control and is not responsible for third-party services, which are governed by their own terms and policies.
8. Fees and Payment
Unless otherwise agreed in writing:
- Fees are payable as specified in applicable order forms or SOWs
- All fees are exclusive of taxes, duties, or levies
- Late payments may result in suspension of Services
Payments are non-refundable except as expressly stated.
9. Service Availability and Support
While we strive for high availability, the Services are provided on an “as is” and “as available” basis unless otherwise agreed in a service-level agreement (SLA).
Scheduled maintenance, updates, or unforeseen events may result in temporary unavailability.
10. Warranties and Disclaimers
To the maximum extent permitted by law:
- The Services are provided without warranties of any kind
- We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement
- We do not warrant that the Services will be uninterrupted or error-free
11. Limitation of Liability
To the maximum extent permitted by law:
- Maathra shall not be liable for indirect, incidental, special, consequential, or punitive damages
- Our total liability arising out of or relating to the Services shall not exceed the fees paid by you for the applicable Services in the preceding twelve (12) months
This limitation applies regardless of the theory of liability.
12. Indemnification
You agree to indemnify and hold harmless Maathra, its directors, officers, employees, and partners from any claims, damages, losses, or expenses arising from:
- Your use of the Services
- Your violation of these Terms
- Your infringement of any third-party rights
13. Termination
We may suspend or terminate your access to the Services:
- For material breach of these Terms
- For non-payment of fees
- If required by law or regulation
Upon termination, all licenses granted to you shall immediately cease.
14. Modifications to the Services or Terms
We may modify the Services or these Terms from time to time. Material changes will be communicated through reasonable means. Continued use of the Services after changes become effective constitutes acceptance.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles. Courts located in Kerala, India shall have exclusive jurisdiction.
16. Force Majeure
Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including natural disasters, acts of government, labor disputes, or network failures.
17. Assignment
You may not assign or transfer these Terms without prior written consent. Maathra may assign these Terms as part of a merger, acquisition, or sale of assets.
18. Entire Agreement
These Terms, together with any applicable order forms, SOWs, and policies, constitute the entire agreement between you and Maathra regarding the Services.
19. Contact Information
For questions regarding these Terms, please contact:
Maathra Technology and Consultancy Pvt. Ltd.
Email: legal@maathra.com
Address: IV/940, Mezzanine Floor, Trine Tower, Seaport Airport Roa, Kakkanad, Kochi - 682021