Terms of service

These terms govern your use of this website and, where stated, our software products and services. They are between you and Evolqon Technologies LLP, a limited liability partnership registered in India with its office in Bengaluru.

Where you have signed an order form, licence agreement or statement of work with us, that document governs the commercial relationship. These terms fill the gaps; the signed document wins where they conflict.

Using this website

This website is provided for information. We keep it accurate as far as we reasonably can, but product capabilities, pricing and availability change, and nothing here is an offer capable of acceptance on its own.

Where a product is marked as in development or planned, it means exactly that: it is not available to licence today, and the scope and timing may change.

Product licences

Our products are supplied as a subscription licence, not sold. Subject to payment and these terms, you get a non-exclusive, non-transferable right to use the product for your own business for the term of the subscription.

• Billing is monthly or annual in advance, as chosen on the order form. Subscriptions renew for successive terms unless cancelled before the renewal date.
• Fees are exclusive of GST and other applicable taxes, which are charged in addition at the prevailing rate.
• We may revise pricing for a renewal term on reasonable prior notice. Pricing within a paid term does not change.
• Cancellation, refund and notice terms are set out in the order form. [Set a refund and notice policy and reference it here.]
• You may not resell, sublicense, or provide the product as a service to third parties without our written agreement.

Your account

You are responsible for the accounts you create, for the acts of your staff and administrators, and for keeping credentials secure. Tell us promptly if you believe an account has been compromised.

Acceptable use

You agree not to use our products or website to:

• Break any applicable law, or infringe anyone's rights.
• Store or transmit malware, or attempt to breach or probe our systems.
• Upload content you have no right to use, or personal data you have no lawful basis to process.
• Reverse engineer, decompile, or attempt to extract source code, except to the extent the law expressly permits.
• Place a load on the service intended to disrupt it for others.

Your data

Data you and your users enter into our products remains yours. You grant us only the rights needed to host, process, back up and support it, and to provide the service to you. We act as a Data Processor for that data — see the privacy policy — and you are responsible for having a lawful basis for the personal data you put into it.

You can export your data during the subscription and for the period stated in the order form after it ends.

Availability and support

We aim to keep our products available and to give reasonable notice of planned maintenance, but we do not commit to a specific uptime figure in these terms. [If you offer an SLA, state the target and the remedy here or in the order form.] Support channels and response expectations are set out in the order form.

Services engagements

Custom development is carried out under a separate statement of work setting out scope, price, timeline and acceptance.

• Unless the statement of work says otherwise, intellectual property in the deliverables transfers to you on payment in full, and source code and deployment accounts are handed over at the end of the engagement.
• We keep ownership of our pre-existing tools, libraries and know-how, and grant you a licence to use them as embedded in the deliverables.
• Work outside the agreed scope is quoted separately before it is carried out.

Intellectual property

The products, this website, and the Evolqon name, logo and content belong to Evolqon Technologies LLP or its licensors. Nothing in these terms transfers ownership of them.

Confidentiality

Each of us will keep the other's non-public information confidential, use it only for the purpose it was shared, and protect it with reasonable care. This does not apply to information that is public through no fault of the receiver, or that must be disclosed by law.

Third-party services

Our products integrate with third-party services such as messaging, payment and mapping providers. Those services are governed by their own terms, and we are not responsible for their availability or conduct.

Suspension and termination

We may suspend access for non-payment, for a serious breach of the acceptable use terms, or where continued access poses a security risk — with notice where it is practical to give it. Either of us may terminate a subscription as set out in the order form. Termination does not refund fees already due for the current term unless the order form says so.

Warranties and disclaimers

We provide the products and this website with reasonable skill and care. Beyond that, and to the extent the law allows, they are provided as is, without further warranty of merchantability, fitness for a particular purpose, or uninterrupted operation.

Limitation of liability

To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or data. Our total liability arising out of or relating to these terms is limited to the fees paid by you to us in the twelve months before the claim arose. [Confirm this cap with a lawyer and against your insurance.]

Nothing here excludes liability that cannot lawfully be excluded, including for fraud or wilful misconduct.

Indemnity

You will indemnify us against claims arising from content or data you put into the products in breach of these terms, or from your unlawful use of them.

Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including infrastructure and connectivity failure, natural events, and acts of government.

Changes to these terms

We may update these terms as our products change. For licence holders, material changes take effect at the next renewal, or on reasonable notice.

Governing law and jurisdiction

These terms are governed by the laws of India. The courts at Bengaluru, Karnataka have exclusive jurisdiction, save that either party may seek injunctive relief wherever necessary.

Grievances and contact

Questions and complaints go to contact@evolqon.com. Complaints relating to content or personal data are handled under the grievance process in our privacy policy. [Publish the name and designation of the Grievance Officer here.]