Terms & Conditions

1. Definitions

For the purposes of these Terms, the following definitions apply:

Applicable Law

All applicable Indian statutes, enactments, acts, laws, ordinances, rules, regulations, notifications, guidelines, and directives of any governmental authority in India.

Personal Data

Any information relating to an identified or identifiable natural person, or that is otherwise considered personally identifiable information under applicable data protection laws.

Subscription Period

The period for which you have subscribed to use the Services, commencing from the Subscription Start Date.

Services

The Crudoimage platform and all associated software, tools, features, and functionalities provided under these Terms.

User Content

Any data, information, files, documents, or materials that you upload, create, or store using the Services.

Intellectual Property

All intellectual property rights including trademarks, patents, copyrights, trade secrets, software, and any other proprietary information.

2. License and Access

2.1 Grant of License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your Subscription Period solely for your internal business operations.

2.2 SaaS Model

The Services are provided as Software-as-a-Service (SaaS). We host the platform on our servers, and you access it through standard web browsers or our dedicated applications. No software installation is required on your devices.

2.3 License Restrictions

You agree not to:

• License, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the Services
• Modify, reverse engineer, decompile, or disassemble the Services
• Copy, reproduce, or create derivative works from the Services
• Circumvent or disable any security features or access controls
• Use the Services to build a competitive product or service
• Frame, mirror, or link to the Services without authorization

3. Subscription and Billing

3.1 Trial Period

New users may be eligible for a free trial period of 7-14 days. During the trial, you may have limited or full access to the Services. You may cancel at any time during the trial without charge. After the trial ends, your subscription will automatically begin, and applicable fees will be charged.

3.2 Subscription Fees

Subscription fees are charged based on your selected plan and billing cycle (monthly or annually). All fees are non-refundable except as required by law or as explicitly stated in these Terms.

3.3 Payment Terms

You agree to provide valid payment information and authorize us to charge your payment method for all fees incurred. Payments are due immediately upon subscription or renewal. Late payments may incur interest charges at 2% per month (24% annually) or the maximum allowed by law, whichever is lower.

3.4 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. We will notify you before charging your payment method for renewal.

3.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for all taxes, including GST and any other government levies associated with your subscription.

4. User Obligations

4.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

4.2 Compliance

You agree to use the Services in compliance with:

• All applicable laws and regulations
• These Terms and any additional policies we provide
• Industry standards and best practices

4.3 Acceptable Use

You may not use the Services to:

• Engage in illegal, fraudulent, or malicious activities
• Transmit harmful code, viruses, or malware
• Harass, abuse, or harm others
• Infringe on intellectual property rights
• Collect or harvest data without authorization
• Interfere with the proper functioning of the Services

4.4 Cooperation

You agree to cooperate with us in good faith regarding any technical integrations, support requests, or investigations into potential violations of these Terms.

5. Data Privacy and Security

5.1 Data Protection

We are committed to protecting your data in accordance with applicable data protection laws, including the Information Technology Act, 2000, and forthcoming Digital Personal Data Protection Act (DPDPA) 2023.

5.2 User Content

You retain all rights to your User Content. By using the Services, you grant us a limited license to host, store, and process your User Content solely for the purpose of providing the Services to you.

5.3 Security Measures

We implement reasonable security practices and procedures to protect your data, including:

• Encryption of data in transit and at rest
• Regular security audits and assessments
• Access controls and authentication mechanisms
• Incident response procedures

5.4 Data Location

Your data is stored on secure servers located in India. We may use third-party cloud infrastructure providers to host the Services.

5.5 Privacy Policy

Our Privacy Policy, available at crudoimage.com/privacy, provides additional details about how we collect, use, and protect your information.

6. Intellectual Property Rights

6.1 Ownership

All intellectual property rights in and to the Services, including all software, designs, trademarks, and content, are owned exclusively by Crudoimage. These Terms do not transfer any ownership rights to you.

6.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, we may use them without any obligation to compensate you or maintain confidentiality.

6.3 Trademark Usage

You may not use our trademarks, logos, or brand elements without our prior written consent. Any authorized use must comply with our brand guidelines.

7. Warranties and Disclaimers

7.1 Service Availability

We strive to maintain 99.5% uptime for the Services, excluding scheduled maintenance and circumstances beyond our control. We do not guarantee uninterrupted, error-free, or completely secure service.

7.2 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.3 Third-Party Services

The Services may integrate with third-party applications and services. We are not responsible for the availability, functionality, or content of such third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

8. Limitation of Liability

8.1 Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

8.2 Maximum Liability

Our total aggregate liability for all claims arising out of or related to these Terms or the Services shall not exceed the total amount of fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

8.3 Indemnification

You agree to indemnify, defend, and hold harmless Crudoimage and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or third-party rights
• Your User Content

9. Termination

9.1 Termination by You

You may terminate your subscription at any time by providing written notice through your account settings or by contacting our support team. Termination will be effective at the end of your current billing period.

9.2 Termination by Us

We may suspend or terminate your access to the Services immediately if:

• You breach these Terms
• You fail to pay fees when due
• Your use poses a security risk or violates applicable laws
• We are required to do so by law

9.3 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• You remain liable for all fees incurred up to the termination date
• We will retain your data for 30 days, after which it may be permanently deleted
• Provisions that by their nature should survive will continue to apply

10. General Provisions

10.1 Governing Law

These Terms are governed by the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

10.2 Dispute Resolution

In the event of any dispute, the parties agree to first attempt resolution through good-faith negotiations for 30 days. If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed jointly by both parties. The venue of arbitration shall be Mumbai, and proceedings shall be conducted in English.

10.3 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

10.4 Assignment

We may assign these Terms or any rights hereunder without your consent. You may not assign these Terms without our prior written consent.

10.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.6 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Crudoimage regarding the Services.

10.7 Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including acts of God, natural disasters, war, terrorism, labor strikes, or government actions.