Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the EKOHAM GROUP website (the “Site”) and our cloud-based software, applications, dashboards and APIs, including the EKOTOOL platform (together, the “Services”). By accessing the Site, registering for or continuing to use the Services, you agree to be bound by these Terms.

If you are using the Services on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.

• Services — the cloud-based platform, applications, APIs, dashboards, integrations and related functionality provided by EKOHAM GROUP, including EKOTOOL.
• Software — the proprietary software, systems, algorithms, interfaces and infrastructure used to deliver the Services.
• Customer Data — data, content, files, telemetry or information submitted, stored or processed by a customer or its authorised users through the Services.
• Order Form — a mutually executed document specifying commercial terms, pricing, subscription scope and service description.

Paid use of the EKOTOOL platform is provided under a Master SaaS Subscription Agreement and one or more Order Forms executed between EKOHAM GROUP and the subscribing organisation. Where such an agreement is in place, it governs the subscription and prevails over these Terms to the extent of any conflict in commercial terms.

These Terms apply to all users of the Site and Services and continue to apply alongside any subscription agreement.

Subject to your compliance with these Terms and, where applicable, payment of fees, EKOHAM GROUP grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services solely for your internal business purposes.

No ownership rights in the Software or Services are transferred to you. All rights not expressly granted are reserved by EKOHAM GROUP.

You shall not, and shall not permit any user to:

• reverse engineer, decompile or attempt to derive the source code of the Services;
• copy, modify or create derivative works of the Services;
• resell, sublicense or commercially exploit the Services;
• use the Services for benchmarking or competitive analysis;
• introduce malware, viruses or other harmful code;
• bypass or interfere with security or access controls; or
• use the Services for any unlawful or unauthorised purpose.

You are responsible for all activity conducted under your accounts and for maintaining the confidentiality and security of your credentials. EKOHAM GROUP shall not be liable for unauthorised access arising from your negligence or failure to secure credentials. You must notify us immediately upon discovering any breach or unauthorised use.

When using the Services, you shall:

• ensure that all Customer Data is lawful, accurate and does not infringe third-party rights;
• comply with all applicable laws, including the Information Technology Act, 2000 and rules made thereunder;
• ensure your authorised users comply with these Terms;
• be solely responsible for the use, configuration and outcomes derived from the Services; and
• ensure timely payment of all applicable fees.

EKOHAM GROUP retains all right, title and interest in and to the Software and Services, including all related intellectual property. You retain ownership of your Customer Data.

Any feedback or suggestions you provide may be freely used by EKOHAM GROUP without restriction or compensation.

Customer Data is owned by the customer. We process it only to provide and support the Services, for security monitoring and for backup and disaster recovery. Our handling of personal data is described in our Privacy Policy.

Please review our Privacy Policy for full details on how we collect, use and protect information.

Fees for the Services are as specified in the applicable Order Form. Unless otherwise agreed in writing, payments are made in advance and are exclusive of applicable taxes. In case of delayed payment, interest at 1.5% per month may apply, the Services may be suspended and you shall bear all reasonable recovery and legal costs.

We may suspend the Services immediately for non-payment, breach of these Terms, security risk, unlawful or fraudulent use or where required by a regulatory or court order.

Either party may terminate for a material breach that is not cured within fifteen (15) days of written notice. We may terminate immediately in cases of serious breach, unlawful conduct or security risk. On termination, access to the Services ceases, you may export your data within thirty (30) days and thereafter the data may be permanently deleted.

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, EKOHAM GROUP disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and uninterrupted or error-free operation.

We use commercially reasonable efforts to keep the Services available but do not guarantee uninterrupted or error-free operation. Scheduled maintenance and emergency downtime do not constitute a breach of these Terms.

To the maximum extent permitted by law, EKOHAM GROUP shall not be liable for any indirect, incidental, special, consequential or punitive damages. Our aggregate liability shall not exceed the fees paid by the customer in the twelve (12) months preceding the claim.

You shall indemnify and hold harmless EKOHAM GROUP from any claims arising out of your Customer Data, your breach of applicable law, your misuse of the Services or your infringement of third-party rights.

Each party shall maintain the confidentiality of non-public information disclosed by the other. These obligations survive termination for a period of five (5) years. Disclosure is permitted only where required under applicable law or with written consent.

Neither party shall be liable for any failure or delay caused by events beyond its reasonable control, including cyber-attacks, natural disasters, governmental actions or infrastructure failures.

These Terms are governed by the laws of India. The parties shall first attempt to resolve any dispute amicably within thirty (30) days. Failing resolution, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with the seat and venue at Bengaluru, India. The arbitral award shall be final and binding. Subject to arbitration, the courts at Bengaluru shall have exclusive jurisdiction.

We may update these Terms from time to time; the “Last updated” date above reflects the latest version, and continued use of the Services constitutes acceptance. If any provision is held invalid or unenforceable, the remaining provisions continue in full force. These Terms, together with any applicable Order Forms and the Master SaaS Subscription Agreement, constitute the entire agreement between the parties and supersede all prior understandings. Electronic acceptance, digital signature or click-through consent constitutes valid execution under the Information Technology Act, 2000.

Questions about these Terms can be sent to:

• EKOHAM GROUP
• Email: ekohamgroup@gmail.com
• Address: 3-71(10), Shri Krishna Prasad Building, Santhekatte Post, 38 Kalthur Cherkadi, Udupi, Karnataka 576215, India