Terms of Use

TERMS OF USE

Effective Date: 24 May 2025

These Terms of Use (the “Terms”) govern your access to and use of the website, mobile application, digital interfaces, and all related products, features, functionalities, content and services made available through such website, mobile application and other digital interfaces (collectively, the “Platform”) operated by TheaIT Solutions Private Limited, a company incorporated as per the provisions of the Companies Act, 2013 with its registered DW 9020, Bharat Diamond Bourse, G Block Bandra Kurla Complex, Bandra (East), Mumbai, Maharashtra, India – 400 051 (hereinafter referred to as “TheaIT”, “Company”, “we”, “us”, or “our”).

TheaIT is a technology-enabled platform through which it provides software development, website and mobile application development, artificial intelligence solutions, cloud and infrastructure services, digital marketing, branding, consulting, and other related technology services that may be introduced from time to time through its Platform. Persons accessing the Platform for the purpose of discovering or availing such services are referred to as “Users”, “you” or “your”, as the context may require. TheaIT acts solely as a provider of such technology and related services and does not guarantee any specific commercial, financial, or business outcome arising from the use of the Platform, except as may be expressly agreed in writing between TheaIT and the relevant user.

These Terms constitute a legally binding agreement between TheaIT and the Users governing their access to and use of the Platform. These Terms shall be read together with the Privacy Policy, Cookie Policy and any other policies, guidelines, standards or supplemental terms issued by TheaIT from time to time (collectively, the “Platform Policies”), all of which form an integral part of these Terms. By accessing, discovering, registering on or otherwise using the Platform, you acknowledge that you have read, understood and agreed to be bound by these Terms and the applicable Platform Policies. If you do not agree to these Terms or any of the Platform Policies, you must immediately discontinue your access to and use of the Platform.

1. ELIGIBILITY AND ACCEPTANCE

1.1 The Platform is intended for use by persons who are competent to enter into legally binding contracts under the applicable laws of India. By accessing, registering on or using the Platform, you represent and warrant that you possess the legal capacity and authority to enter into these Terms and to comply with the obligations set forth herein.

1.2 Where a User accesses or uses the Platform on behalf of a company, partnership, proprietorship, limited liability partnership, trust or any other legal entity, such User represents and warrants that they are duly authorised to act on behalf of such entity and to bind it to these Terms. In such cases, references to “User”, “you” or “your” shall include both the individual acting on behalf of the entity and the relevant entity itself, where the context so requires.

1.3 By accessing, registering on or otherwise using the Platform, you confirm that you have read, understood and accepted these Terms and agree to comply with all applicable laws, regulations and the Platform Policies while using the Platform.

2. SCOPE OF THE PLATFORM AND SERVICES

2.1 TheaIT owns, operates and manages the Platform, which functions as a technology-enabled digital interface through which users may access information regarding, inquire about, engage with and avail the offerings made available by TheaIT. The Platform enables users to explore TheaIT's capabilities and offerings, submit enquiries, request consultations, obtain proposals or quotations, communicate with TheaIT, and access related support and assistance.

2.2 The services available through Platform may include, without limitation, website development, mobile application development, software development, artificial intelligence and machine learning solutions, cloud and infrastructure solutions, ERP and CRM implementation, digital marketing, branding, game development, technology consulting, digital transformation solutions, and such other products, features, functionalities and services as may be introduced, modified or discontinued by TheaIT from time to time at its sole discretion.

2.3 TheaIT reserves the right to restrict, suspend or terminate any user’s access to the Platform, refuse to respond to or process any enquiry or service request, or discontinue the provision of any service where it reasonably believes that the user is in breach of these Terms, has provided inaccurate, false or misleading information, is misusing the Platform, or where such action is necessary to comply with applicable law or to protect the integrity, security or operation of the Platform.

3. USER ACCOUNTS, REGISTRATION AND VERIFICATION

3.1 Access to certain features, functionalities or portions of the Platform may require Users to create and maintain a registered account. Where account registration is made available by TheaIT, Users shall complete the registration process using the methods prescribed by TheaIT and provide complete, accurate and up-to-date information. The User shall promptly update any information that becomes inaccurate, incomplete or outdated.

3.2 Users may register on the Platform through such authentication methods as may be made available by TheaIT from time to time, including email address, mobile number, single sign-on services, third-party authentication providers, or any other authentication mechanism determined by TheaIT. Users may also be required to provide additional information to enable access to or use of certain features of the Platform.

3.3 A User shall ensure that all information, documents and declarations submitted to TheaIT remain true, complete, accurate and current at all times. The User shall promptly update any information that becomes inaccurate, incomplete or outdated.

3.4 Registration on the Platform, where applicable, shall not create any automatic right to access, use or continue using the Platform or any feature thereof. TheaIT reserves the right to review any registration, request additional information or documentation, approve, reject, suspend or terminate any account, or impose additional eligibility requirements at its sole discretion.

3.5 Each User shall be responsible for maintaining the confidentiality and security of their account credentials and for all activities conducted through their account. Users shall immediately notify TheaIT of any unauthorised access, suspected security incident or misuse of their account. TheaIT shall not be liable for any loss or damage arising from a User's failure to safeguard their account credentials.

3.6 TheaIT reserves the right to modify, discontinue, introduce or restrict account registration or authentication requirements at any time, and nothing in these Terms shall be construed as obligating TheaIT to provide account registration or account-based access to the Platform.

4. USER CONTENT

4.1 The Platform may permit Users to create, upload, submit, transmit or otherwise make available certain information, content, materials and data, including photographs, images, logos, brand assets, artwork, graphics, videos, audio files, written content, marketing materials, website or application content, project requirements, technical specifications, business information, project briefs, instructions, feedback, and any other content generated or submitted by a User through the Platform (collectively, “User Content”/ “Personal Data”/ “Personal Information”).

4.2 The User represents and warrants that all User Content submitted through the Platform is accurate, lawful, complete and it possesses all necessary rights, permissions, licences and authorisations to provide the User Content to TheaIT and that such User Content do not infringe the intellectual property, privacy or other legal rights of any third party. The User shall remain solely responsible for the accuracy, legality and completeness of all User Content submitted through or in connection with the Platform.

4.3 By submitting User Content through the Platform, the User grants TheaIT a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, access, use, reproduce, modify, process, store and otherwise utilise such User Content solely for the purposes of operating, providing, maintaining, improving, promoting, administering and supporting the Platform and the services made available through it.

4.4 Users shall not upload, publish, transmit or otherwise make available any User Content that is false, misleading, defamatory, obscene, offensive, discriminatory, fraudulent, unlawful, harmful, infringing, or otherwise violates these Terms, the Platform Policies or any applicable law.

4.5 TheaIT reserves the right, at its sole discretion and without prior notice, to review, refuse, remove, suspend, restrict the use of or disable access to any User Content that it reasonably believes violates these Terms, the Platform Policies, applicable law, or may adversely affect the security, integrity, reputation or operation of the Platform.

4.6 TheaIT does not routinely monitor or verify User Content and does not guarantee its accuracy, completeness or reliability. The views, opinions and representations contained in any User Content are solely those of the respective User and shall not be construed as those of TheaIT.

4.7 Where a User believes that any User Content available on the Platform infringes their legal rights or is otherwise objectionable or unlawful, such User may report the same through the grievance or customer support mechanism made available by TheaIT. TheaIT may investigate such reports and take such action as it considers appropriate in accordance with applicable law and its internal policies.

5. CONSENT TO USE OF DATA

5.1 By accessing, registering on or using the Platform, you acknowledge and agree that TheaIT may collect, process, store, use, disclose and otherwise handle your personal information and other data in accordance with these Terms, the Platform Policies and applicable laws.

5.2 You acknowledge that the collection and processing of your information is necessary for the operation of the Platform, facilitation of services, customer support, security, fraud prevention, regulatory compliance, registration and verification of Users wherever necessary and such other purposes as more particularly set out in the Privacy Policy.

5.3 You further acknowledge and agree that TheaIT may share your information with its affiliates, authorised service providers, payment partners, technology partners, verification agencies and other third parties, strictly on a need-to-know basis and only to the extent necessary for the operation of the Platform, provision of services, compliance with applicable laws or other purposes described in the Privacy Policy.

5.4 TheaIT may disclose your information where required to do so under applicable law, pursuant to any order, direction or request issued by a court, governmental authority, regulatory body or law enforcement agency, or where such disclosure is necessary for the protection of its legal rights or the rights, safety or security of the Platform or its Users.

5.5 Further details regarding the categories of information collected, the purposes of processing, data retention practices, sharing of information and your rights in relation to your personal information are set out in the Privacy Policy, which forms an integral part of these Terms.

6. ENQUIRIES, PROPOSALS AND PROJECT ENGAGEMENTS

6.1 Service Requests: The Platform enables Users to browse and understand the services offered by the Company, by providing the necessary information, including the nature of the service, their requirements, project details, business objectives, technical specifications, content or materials and any other information reasonably necessary for the Company to understand and assess the requested services. Upon receipt of a service request or enquiry, TheaIT may communicate with the User to understand the requirements, discuss the scope of work, provide quotations or proposals and determine the appropriate services and deliverables. The provision and scope of any services shall be subject to the Company's assessment of the requirements, applicable terms and conditions and mutual agreement between the Company and the User.

6.2 Proposals, Quotations and Engagement Confirmation: Depending on the nature and scope of the requested service, TheaIt through its platform may provide the User with a quotation, proposal, estimate or other commercial terms based on the requirements and information provided by the User. The quotation or proposal may set out the scope of services, deliverables, timelines, applicable fees and other relevant terms. The User may communicate its acceptance, clarification or modification requests in relation to the quotation or proposal through the Platform or any other communication channel made available by TheaIT. A service engagement shall be considered confirmed only upon the Company's acceptance of the User's requirements and confirmation of the engagement, subject to the applicable terms agreed between the parties. Such confirmation may be communicated through the Platform, email, telephone, WhatsApp or any other mode of communication made available by the Company.

6.3 Changes to Scope and Project Timelines: Any modification to the scope of work, project requirements, timelines, deliverables or other agreed terms, as well as any cancellation, suspension or rescheduling of a project or engagement, shall be subject to the terms agreed between the parties, including any applicable proposal, statement of work, service agreement, refund policy or other applicable documentation.

6.4 Project Resources and Personnel: TheaIT reserves the right to allocate, replace or reassign personnel, contractors, consultants, resources or project teams involved in the provision of the Platform or any engagement, provided that such changes do not materially affect the agreed deliverables. TheaIT does not guarantee the availability of any specific individual, team member or resource for the duration of a project or engagement.

7. FEES AND PAYMENT TERMS

7.1 Payment of Service Fees: Users shall pay the applicable fees for the services provided through the Platform, as agreed by the parties and set out in the relevant quotation, proposal, invoice or other applicable commercial terms. Such fees may vary depending on the nature, scope and requirements of the services. Applicable taxes and other charges, where relevant, shall be payable in addition to the agreed service fees. All payments shall be made through the payment methods and payment gateways made available on the Platform from time to time.

7.2 Changes in Scope and Pricing: Any modification to the scope of work, project requirements, deliverables, timelines or other agreed parameters may result in corresponding revisions to the fees, charges, payment milestones or other commercial terms. TheaIT reserves the right to revise pricing and issue updated commercial documentation to reflect such changes.

7.3 Payment Terms: Users shall make all payments in accordance with the payment schedule, milestones, due dates and payment instructions communicated by TheaIT. TheaIT reserves the right to suspend, delay, withhold or discontinue any project, deliverable, support service or engagement in the event of delayed, incomplete or non-payment.

7.4 Payment Processing: Payments may be made through such payment methods, payment gateways, banking channels or other payment mechanisms as may be made available or designated by TheaIT from time to time. Payment processing services may be provided by independent third-party service providers. TheaIT shall not be responsible for any delay, interruption, processing failure, technical error, unauthorised transaction, banking issue, network failure or other deficiency attributable to any third-party payment service provider.

7.5 Refunds and Payment Reversals: Any refund shall be subject to the terms of the applicable proposal, quotation, statement of work, service agreement, refund policy or other applicable documentation. Where a payment is affected by a failed transaction, payment gateway issue, banking error, duplicate payment or similar payment-processing issue, TheaIT shall only be obligated to process any applicable refund after the relevant amount has been successfully received, settled and credited to TheaIT’s designated account. Refund timelines may be subject to the processing timelines of the relevant banking institution or payment service provider.

7.6 Promotional Offers and Discounts: TheaIT may, from time to time, offer discounts, promotional pricing, credits, incentives or other benefits in relation to specified offerings or promotional periods, subject to such eligibility criteria and conditions as may be notified by TheaIT. Unless expressly stated otherwise, such offers shall be non-transferable, non-exchangeable, non-redeemable for cash shall be valid only for the specified period or eligible services, and may not be combined with any other offer, promotion, coupon, subscription benefit or discount. TheaIT reserves the right to modify, suspend, withdraw or cancel any such offer at any time without prior notice where required for operational, commercial or legal reasons, or in the event of any misuse or suspected abuse.

7.7 Taxes and Statutory Deductions: All fees, charges and amounts payable to TheaIT shall be subject to applicable taxes, duties and statutory levies. TheaIT may collect, deduct, withhold or remit any taxes or statutory amounts as required under applicable law. Users shall remain responsible for any tax obligations applicable to them in connection with their use of the Platform or engagement with TheaIT.

7.8 Payment Disputes and Adjustments: Any dispute relating to payments, settlements or charges shall be reported through the support channels made available on the Platform. TheaIT reserves the right to withhold,delay, adjust or set off any payment or settlement where reasonably required to investigate suspected fraud, chargebacks, refunds, payment disputes, breaches of these Terms or the Platform Policies, or to comply with applicable law or any direction issued by a competent authority.

8. THIRD-PARTY SERVICES

8.1 The Platform and the services therein as provided by TheaIT may, from time to time, utilise, integrate with, or utilize the services of independent third-party providers, including without limitation software, tools, platforms, infrastructure, application programming interfaces (APIs), payment gateways, cloud hosting providers, communication service providers, analytics providers, authentication providers, domain name registrars, software libraries, technology vendors and other external service providers (collectively, the “Third-Party Services”) for the purpose of operating, maintaining, supporting, developing, delivering or enhancing the Platform.

8.2 The availability, functionality and performance of any Third-Party Services shall be subject to the terms, conditions, policies and operational practices of the respective third-party provider. TheaIT does not own, manage or control such Third-Party Services and shall not be responsible for their acts, omissions or performance. Users are responsible for reviewing and complying with such applicable terms to the extent they govern the use of the relevant Third-Party Services.

8.3 TheaIT shall not be responsible or liable for any interruption, delay, technical failure, service outage, compatibility issue, security incident, unauthorised access, data loss, change in functionality, pricing modification or discontinuation of any Third-Party Services, except to the extent required under applicable law.

8.4 TheaIT may, at its sole discretion and without prior notice, introduce, replace, modify, suspend, discontinue or remove any Third-Party Services, integrations or dependencies where such action is considered necessary for operational, technical, commercial, security, legal or regulatory reasons.

8.5 References to any third-party products, software, platforms, technologies, services or integrations on the Platform or in any proposal, quotation, project documentation or communication are provided solely for informational or operational purposes and shall not be construed as an endorsement, recommendation, certification or warranty by TheaIT of such third-party providers or their products or services.

9. PROHIBITED ACTIVITIES AND PLATFORM MISUSE

9.1 Users shall not access, use or interact with the Platform in any manner that is unlawful, fraudulent, deceptive, harmful, unauthorised or otherwise inconsistent with these Terms, the Platform Policies or applicable law.

9.2 Without limiting the generality of the foregoing, no User shall, directly or indirectly:

9.3 TheaIT reserves the right to investigate any actual or suspected violation of this Clause and may, without prejudice to any other rights or remedies available under these Terms or applicable law, restrict, suspend or terminate access to the Platform, remove any offending content or materials, report the matter to the appropriate authorities, or take such other action as it reasonably considers necessary to protect the Platform, its users and its legitimate interests.

9.4 Users acknowledge and agree that any misuse of the Platform may result in civil, contractual, regulatory or criminal liability under applicable law.

10. PRIVACY AND DATA PROTECTION

Our collection, use, storage, processing and disclosure of personal data is governed by our Privacy Policy, which forms an integral part of these Terms and is available at [Privacy Policy Link]. By accessing or using the Platform, communicating with TheaIT, or availing any offerings through the Platform, you acknowledge that your personal data may be collected, processed and used in accordance with the Privacy Policy. Where you provide TheaIT with any information, content, materials, data or personal information relating to any third party, you represent and warrant that you have obtained all necessary rights, permissions, notices and consents required under applicable law to share such information with TheaIT and to permit its use for the purposes contemplated under these Terms and the Privacy Policy. TheaIT shall not be responsible for any failure by a User to comply with applicable privacy, data protection or thirdparty consent requirements.

11. COMPLIANCE WITH LAW ENFORCEMENT REQUESTS AND LEGAL OBLIGATIONS

TheaIT does not proactively monitor, review, or inspect User Content, information, data, content or other materials provided, uploaded, transmitted, shared or otherwise made available by Users through or in connection with the Platform, except to the extent reasonably necessary to except as necessary to operate and maintain the Platform and related offerings, facilitate communications, perform requested engagements, ensure the security, integrity and functionality of the Platform, comply with applicable law, or as otherwise described in the Privacy Policy. However, where required by applicable law, a valid governmental request, regulatory direction, law enforcement request, court order or other lawful process, TheaIT may:

Nothing in this Clause obligates the TheaIT to actively monitor User Content or undertake any general obligation to monitor user activity.

12. INTELLECTUAL PROPERTY

12.1 The Platform, including its design, layout, software, source code, object code, databases, graphics, logos, trademarks, trade names, service marks, domain names, text, images, audio, video, documentation, features, functionalities and all other content and materials made available through the Platform (collectively, the “Platform Content”), are owned by or licensed to TheaIT and are protected under applicable intellectual property and proprietary rights laws.

12.2 Subject to compliance with these Terms, TheaIT grants Users a limited, personal, non-exclusive, nontransferable, non-sublicensable and revocable licence to access and use the Platform solely for its intended purpose. No rights, title or interest in the Platform or the Platform Content are transferred or assigned to any User by virtue of accessing or using the Platform.

12.3 Except as expressly permitted under these Terms or with the prior written consent of TheaIT, no User shall copy, reproduce, modify, adapt, distribute, publish, transmit, display, reverse engineer, decompile, create derivative works from, commercially exploit or otherwise use any part of the Platform or the Platform Content for any purpose.

12.4 The name “TheaIT”, its logos, branding elements, trade dress, domain names and all associated trademarks, service marks and other brand identifiers, whether registered or unregistered, are the exclusive property of TheaIT or its licensors. Nothing contained in these Terms shall be construed as granting any licence or right to use any such intellectual property without the prior written consent of TheaIT.

12.5 Notwithstanding anything contained herein, TheaIT shall retain ownership of all pre-existing materials, tools, frameworks, methodologies, templates, libraries, utilities, know-how, processes, concepts, technologies, code repositories and other intellectual property owned, developed or used by TheaIT independently of a specific project (“Retained Materials”). To the extent any Retained Materials are incorporated into the Deliverables, TheaIT grants the User a perpetual, non-exclusive, royalty-free licence to use such Retained Materials solely as incorporated into and necessary for the use of the Deliverables.

12.6 Deliverables may incorporate third-party software, assets, content, tools, plugins, themes, fonts, stock photographs, icon packs, APIs, open-source components, hosting environments, content management systems, e-commerce platforms or other third-party materials (“Licensed Assets”). Such Licensed Assets shall remain subject to the applicable third-party licence terms and conditions and are not assigned to the User under these Terms. The User shall receive only such rights as are permitted under the applicable third-party licence and shall be responsible for any ongoing subscription fees, licence fees, renewals or compliance obligations associated with such Licensed Assets, unless otherwise agreed in writing by TheaIT.

12.7 Any feedback, suggestions, recommendations, ideas or other inputs voluntarily provided by a User regarding the Platform or any offerings may be used by TheaIT for improving, developing or enhancing its products, services, technologies or operations without restriction or any obligation to compensate the User, provided that such use does not violate applicable law.

12.8 Any unauthorised use of the Platform, Platform Content or other intellectual property belonging to TheaIT may constitute an infringement of TheaIT's intellectual property and proprietary rights and may result in suspension or termination of access to the Platform, in addition to any other remedies available under applicable law.

13. INDEMNITY

13.1 The User agrees to defend, indemnify and hold harmless TheaIT, its affiliates, directors, officers, employees, consultants, contractors, representatives, agents, licensors, service providers and successors (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, damages, claims, demands, actions, proceedings, penalties, fines, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with:

13.2 The indemnification obligations under this Clause shall apply irrespective of whether the relevant claim is made by another User, a governmental or regulatory authority, a third-party service provider or any other person and shall survive the suspension, deactivation or termination of the User's account and these Terms.

13.3 TheaIT reserves the right, at its own cost, to assume the exclusive defence and control of any matter that is subject to indemnification under this Clause. The User shall provide all reasonable assistance, information and cooperation requested by TheaIT in connection with the defence, settlement or resolution of such matter.

13.4 Nothing in this Clause shall require the User to indemnify any Indemnified Party to the extent that the relevant claim, loss or liability arises solely from the gross negligence, wilful misconduct or fraud of such Indemnified Party, to the extent such exclusion is permitted under applicable law.

14. DISCLAIMER AND WARRANTIES

14.1 The Platform and all content, information, materials, features, functionalities, offerings and services made available through it are provided on an “as is”, “as available” and “with all faults” basis, without any representation, warranty or guarantee of any kind, whether express, implied or statutory, except to the extent such warranties cannot be excluded under applicable law.

14.2 To the maximum extent permitted under applicable law, TheaIT expressly disclaims all warranties, representations and conditions, including any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, non-infringement, accuracy, completeness, reliability, availability, compatibility, security or uninterrupted operation.

14.3 TheaIT does not warrant or guarantee that:

14.4 Any information, content, insights, recommendations, opinions, project estimates, timelines, quotations, proposals, technical guidance, consultations or other materials provided through the Platform are made available for general informational purposes only and shall not be construed as professional, legal, financial, tax, business or other regulated advice. Users shall independently evaluate and verify the suitability of any such information for their specific requirements.

14.5 TheaIT does not warrant, endorse or guarantee the accuracy, completeness, legality, reliability or suitability of any information, content, User Content or other materials provided by Users, third parties or external service providers, and any reliance thereon shall be at the User's sole risk.

14.6 The availability and performance of the Platform may be affected by maintenance activities, software updates, internet or network failures, hosting or cloud service interruptions, cyber incidents, third-party service failures or other circumstances beyond TheaIT's reasonable control. TheaIT shall not be responsible for any interruption, delay, degradation or temporary unavailability arising from such circumstances.

14.7 Users acknowledge that projects, software, applications, websites, integrations, digital solutions and other deliverables may depend upon third-party services, platforms, software, infrastructure, APIs, hosting providers or Licensed Assets. TheaIT does not warrant the continued availability, performance, security, functionality or compatibility of any such third-party products or services.

14.8 Nothing contained in these Terms shall exclude or limit any liability, warranty or statutory right that cannot lawfully be excluded or limited under applicable law.

15. SUSPENSION, RESTRICTION AND TERMINATION

15.1TheaIT may, at its sole discretion and without prejudice to any other rights or remedies available under these Terms or applicable law, temporarily suspend, restrict or terminate a User's access to the Platform, in whole or in part, with or without prior notice, where such action is reasonably necessary for operational, technical, security, commercial, legal or regulatory reasons.

15.2Without limiting the generality of the foregoing, TheaIT may suspend, restrict or terminate a User's access to the Platform where the User is found to be using the Platform in contravention of Clause 9 (Prohibited Uses) of these Terms

15.3Upon the suspension, restriction or termination of access to the Platform by TheaIT, the User shall immediately cease accessing and using the Platform and shall comply with any directions issued by TheaIT in connection with such suspension, restriction or termination.

15.4Suspension or termination of access to the Platform shall not affect any rights, obligations, liabilities or remedies accrued prior to the effective date of such suspension or termination. TheaIT may retain information, records and documentation as required under applicable law, for legitimate business purposes, or in accordance with its Privacy Policy and record-retention practices.

15.5Upon suspension or termination, TheaIT may disable or restrict access to the Platform, remove or deactivate any account (where applicable), suspend ongoing access to Platform features, and take such other actions as may be reasonably necessary to protect the Platform, its users and its legitimate business interests.

15.6Any provisions of these Terms which by their nature are intended to survive suspension or termination, including provisions relating to intellectual property, payments, confidentiality, disclaimers, limitation of liability, indemnity, dispute resolution and accrued rights or obligations, shall continue in full force and effect notwithstanding such suspension or termination.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEAIT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OPPORTUNITY, ANTICIPATED SAVINGS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THE SERVICES, ANY DELIVERABLES, OR THE USER'S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES, INCLUDING ANY LIABILITY ARISING FROM THE USER'S BREACH OF THESE TERMS OR USE OF THE PLATFORM IN CONTRAVENTION OF CLAUSE 9 (PROHIBITED USES).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD OR WILFUL MISCONDUCT.

17. AMENDMENTS TO THESE TERMS

TheaIT may update these Terms from time to time to reflect changes in the Platform, our practices, or applicable law. We may notify Users of any material changes to these Terms through the Platform, by email (where provided), or through such other communication channels as TheaIT may deem appropriate. The date on which these Terms were last updated shall be indicated at the top of this document as “Last Updated”. Your continued access to or use of the Platform following the publication or notification of any changes to these Terms shall constitute your acceptance of the revised Terms.

18. GOVERNING LAW AND DISPUTE RESOLUTION

18.1Governing Law: These Terms, the Platform Policies and all rights, obligations and transactions arising out of or in connection with the access to or use of the Platform shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

18.2Amicable Resolution: In the event of any dispute, controversy, claim or difference arising out of or relating to these Terms, the Platform, the Platform Policies or the rights and obligations of the parties (collectively, a “Dispute”), the parties shall endeavour to resolve such Dispute through good faith discussions and mutual negotiations within a period of 30 (Thirty) days from the date on which one party notifies the other of the existence of such Dispute.

18.3Arbitration: If the Dispute is not resolved in accordance with Clause 18.2 within the prescribed period, the Dispute shall be finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

18.4Constitution of Tribunal: The arbitration shall be conducted by a sole arbitrator appointed by TheaIT. The seat and venue of arbitration shall be Mumbai. The arbitration proceedings shall be conducted in the English language.

18.5Finality of Award: The arbitral award shall be final and binding upon the parties and may be enforced by any court of competent jurisdiction in accordance with applicable law.

18.6Jurisdiction: Subject to the arbitration provisions contained herein, the courts having jurisdiction at Mumbai shall have exclusive jurisdiction in respect of any matter arising out of or relating to these Terms, including applications for interim, conservatory or other relief, enforcement or challenge of an arbitral award, or any matter which is not capable of being referred to arbitration under applicable law.

18.7Continued Performance: Unless otherwise directed by TheaIT or required under applicable law, the parties shall continue to perform their respective obligations under these Terms during the pendency of any Dispute, to the extent reasonably practicable.

19. MISCELLANEOUS

19.1Entire Agreement: These Terms, together with the Privacy Policy and any applicable proposal, quotation, statement of work, service agreement, invoice, purchase order or other commercial documentation agreed between the User and TheaIT, constitute the entire agreement between the User and TheaIT in relation to the Platform and any services, offerings or engagements undertaken thereunder.

19.2Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19.3No Waiver: The Company's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

19.4Assignment: You may not assign or transfer your rights under these Terms without TheaIT’s prior written consent; TheaIT may assign these Terms in connection with a merger, acquisition, or sale of assets.

19.5Force Majeure: TheaIT shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control.

19.6Survival: The expiration, termination, suspension, or discontinuation of your access to or use of the Platform, shall not affect any rights, obligations, liabilities, or remedies that have accrued prior to such event. Without limiting the foregoing, the provisions of, Clauses [12] (Intellectual Property), [14] (Disclaimer and Warrantoes), [16] (Limitation of Liability), [13] (Indemnification),), and [18] (Governing Law and Dispute Resolution) shall survive any expiration, termination, suspension, or discontinuation of these Terms and shall continue in full force and effect for so long as necessary to give effect to their purpose.

20. USER ACKNOWLEDGEMENT

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT:

21. CONTACT US

If you have questions about these Terms, wish to report suspected misuse of the Platform, or wish to exercise any rights described in the Privacy Policy, please contact us at: