Terms and Conditions

1. DEFINITIONS

For purposes of these Terms:

“Company” means Kanta King Technologies Pvt Ltd.
“Brand” refers to ihiva.
“Platform” refers to the SaaS systems operated by the Company, including ihiva and Weighbridge Software.
“User” means any individual accessing the Platform.
“Customer” means an organization subscribing to paid Services.
“Subscription Term” means the contracted service period.
“Customer Data” means all operational, business, transactional, attendance, inspection, weighing, financial, or other data uploaded, transmitted, or generated through the Platform.
“Confidential Information” means non-public information disclosed between parties.
“SLA” refers to Service Level Agreement where applicable.

2. SCOPE OF SERVICES

The Company provides:

1. AI-native revenue intelligence infrastructure (ihiva).
2. Cloud-based weighbridge and truck scale SaaS platform.
3. Multi-tenant enterprise-grade SaaS deployment.
4. API connectivity and ERP integrations.
5. Analytics, reporting, and compliance tools.
6. Operator discipline modules (attendance, inspection, alerts).
7. Enterprise monitoring and observability.

The Services are provided as subscription-based SaaS unless otherwise agreed in writing.

The Company reserves the right to modify, upgrade, enhance, or discontinue specific features, provided core contractual functionality remains materially intact.

3. Eligiblility and Authority

You represent and warrant that:

• You are legally capable of entering into binding contracts under the Indian Contract Act, 1872.
• If acting on behalf of an entity, you have authority to bind such entity.
• Your use of Services complies with applicable Indian laws and regulations.
• You are not prohibited under any sanctions, export controls, or government restrictions.

The Company reserves the right to refuse service where eligibility criteria are not satisfied.

4. ACCOUNT REGISTRATION & SECURITY

To access certain Services, Users must:

• Provide accurate and complete information.
• Maintain updated registration details.
• Safeguard login credentials.
• Use strong password practices.
• Enable additional security controls where available.

Customers are responsible for all activities conducted under their account.

The Company shall not be liable for losses arising from:

• Compromised credentials.
• Internal misuse by Customer personnel.
• Failure to implement recommended security practices.

5. ACCEPTABLE USE POLICY

Users agree not to:

• Reverse engineer, decompile, disassemble, or copy the software.
• Interfere with system security or integrity.
• Introduce malware or malicious code.
• Attempt to access other tenants’ data.
• Use the Platform for unlawful, fraudulent, or anti-competitive purposes.
• Upload data in violation of privacy or regulatory obligations.
• Circumvent usage limits or billing mechanisms.

The Company may suspend access immediately for violations.

6. DATA OWNERSHIP & PROCESSING

6.1 Ownership

Customer retains ownership of all Customer Data.

The Company does not claim proprietary rights over Customer Data.

6.2 Processing Role

The Company acts as:

• Data Processor (in most enterprise contexts).

6.3 Processing Role

The Company may:

• Use aggregated, anonymized data for product development.
• Analyze usage patterns for system optimization.
• Develop machine learning improvements.

No identifiable Customer data shall be exposed in such processing.

7. MULTI-TENANT ARCHITECTURE

The Platform operates in a multi-tenant environment.

The Company implements:

• Logical data segregation.
• Role-based access control (RBAC).
• Tenant isolation safeguards.
• Monitoring systems to prevent cross-tenant access.

Customers acknowledge shared infrastructure while benefiting from strict logical isolation.

8. SERVICE LEVELS & AVAILABILITY

Where an SLA is executed:

• Uptime targets will be defined contractually.
• Maintenance windows will be communicated in advance.
• Incident response timelines will be documented.

The Company shall not be liable for downtime caused by:

• Force majeure events.
• Government actions.
• Telecommunications failures.
• Third-party cloud provider outages.
• Customer-side hardware or internet disruptions.

9. PAYMENT TERMS

Unless otherwise agreed:

• Fees are subscription-based.
• Pricing may be per-site/per-scale.
• GST and applicable taxes apply.
• Late payments may incur interest or suspension.

Failure to pay may result in:

• Access suspension.
• Termination after notice.
• Data archival or deletion post-termination (subject to law).

10. INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interest in:

• Source code
• Architecture
• Algorithms
• Models
• Documentation
• Branding
• System design

remain exclusively with Kanta King Technologies Pvt Ltd.No ownership rights are transferred under these Terms.

11. CONFIDENTIALITY

Each party agrees to:

• Maintain confidentiality of proprietary information.
• Use Confidential Information only for service purposes.
• Implement reasonable security safeguards.

Exceptions include:

• Public domain information.
• Legally compelled disclosures.
• Independently developed information.

12. SECURITY MEASURES

The Company implements:

• Encryption in transit (TLS/SSL).
• Role-based access control.
• Multi-factor authentication (where enabled).
• Monitoring via observability tools.
• Audit logging.
• Disaster recovery protocols.
• Secure cloud hosting.

However, no system can guarantee absolute security.

13. WARRANTIES AND DISCLAIMERS

The Services are provided on an “as is” and “as available” basis.

The Company does not warrant:

• Error-free operation.
• Continuous uninterrupted service.
• Compatibility with all third-party systems.
• That analytics or AI outputs will be error-free.

Customers remain responsible for operational oversight and validation.

14. LIMITATION OF LIABLILITY

To the maximum extent permitted under Indian law:

• The Company shall not be liable for indirect, incidental, or consequential damages.
• Total liability shall not exceed the total subscription fees paid in the preceding 12 months.

The Company shall not be liable for:

• Operational losses.
• Revenue losses.
• Data inaccuracies caused by user input.
• Regulatory penalties due to Customer non-compliance.

15. INDEMNITY

Customer agrees to indemnify the Company against claims arising from:

• Misuse of the Platform.
• Illegal data collection practices.
• Violation of applicable laws.
• Third-party intellectual property infringement arising from Customer content.

16. SUSPENSION AND TERMINATION

The Company may suspend access for:

• Non-payment.
• Security risks.
• Regulatory requirements.
• Breach of Terms.

Termination may occur:

• Upon expiry of subscription.
• Upon material breach.
• By mutual agreement.

Post-termination:

• Access ceases.
• Data export window may be provided.
• Data deletion occurs after defined retention period.

17. FORCE MAJEURE

The Company shall not be liable for failure or delay due to:

• Natural disasters.
• War or civil unrest.
• Government orders.
• Cyberattacks beyond reasonable control.
• Infrastructure provider failures.

18. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by laws of India.

Jurisdiction lies exclusively with courts in New Delhi, India.

Parties agree to attempt amicable resolution before litigation.

19. AMENDMENTS

The Company may update these Terms.
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Material changes shall be notified via website or email.
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Continued use constitutes acceptance.

20. SEVERABILITY

If any provision is held invalid, remaining provisions remain enforceable.

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement between parties unless superseded by a written Master Subscription Agreement.

22. Contact Information

All notices and communications:

Kanta King Technologies Pvt Ltd
Ashok Vihar, New Delhi – 110052
Email: agent@ihiva.ai
Website: www.ihiva.ai