Terms and Conditions of Enkreate Technologies Pvt Limited

Effective Date: 15th April 2025

These Terms and Conditions ("Terms") govern your use of the cloud-based software product (the "Service"), which is designed to help manage quality processes, provided by Enkreate. By accessing or using our Service, you agree to be bound by these Terms.

Please read these Terms and Conditions carefully before using our Service. If you do not agree to these Terms, you must not use the Service.

1. Definitions
• "User" or "You" refers to the individual or entity using the Service, including any representatives, employees, or agents.
• "Service" refers to the cloud-based software platform provided by Enkreate that helps manage construction quality processes.
• "Account" refers to the user account you create in order to use the Service.
2. Acceptance of Terms

By accessing or using the Service, you agree to comply with these Terms and Conditions, including any updates, modifications, or revisions. If you are using the Service on behalf of a company or entity, you represent and warrant that you have the authority to bind that company or entity to this Agreement.

3. User Eligibility

You must be at least 18 years of age to use our Service. By accepting these Terms and Conditions, you represent that you are at least 18 years old or have the legal capacity to form a binding contract in accordance with applicable laws.

4. License to Use the Service

Subject to your compliance with these Terms, Enkreate grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for its intended purpose of managing quality processes. You may not:

• Reverse-engineer, decompile, or disassemble the Service.
• Use the Service to create derivative works based on the Service.
• Rent, lease, sublicense, or transfer the Service to any third party.
5. User Responsibilities

By using the Service, you agree to:

• Ensuring that all users of your account comply with these Terms and Conditions.
• Provide accurate and complete information when creating an Account.
• Keep your login credentials confidential and not share them with third parties.
• Use the Service only for lawful purposes and in accordance with applicable laws and regulations.
• Not engage in any activity that may interfere with or disrupt the Service, including, but not limited to, hacking, tampering, or reverse engineering the software.
• Be responsible for the content you upload, input, or otherwise make available through the Service, including ensuring that such content does not infringe on any intellectual property rights or violate the rights of others.
• Using the Service in compliance with all applicable laws, including data protection laws and construction industry regulations.
6. Account Registration

To use the Service, you must register for an Account. You agree to:

• Provide accurate and complete information during the registration process.
• Maintain and promptly update your information to ensure it remains accurate.
• Notify us immediately if you suspect any unauthorized use of your Account.

You are responsible for all activities under your Account, whether authorized or not.

7. Subscription and Payment
• Subscription Fees : You may need to pay a subscription fee to access certain features of the Service. The subscription fees and payment terms will be outlined at the time of registration and may be subject to change with prior notice.
• Payment Processing : All payments will be processed through a third-party payment processor, and you agree to comply with the terms and conditions of such payment processors.
• Late Payments : If you fail to make timely payments, we may suspend or terminate your access to the Service.
• Changes to Fees : We reserve the right to change subscription fees at any time with prior notice. Continued use of the Service after the change in fees will constitute acceptance of the new pricing.
8. Intellectual Property
• Ownership : All intellectual property rights in the Service, including but not limited to software, design, text, graphics, and logos, are owned by Enkreate or its licensors. These Terms do not grant you any ownership rights in the Service.
• User Content : By uploading or submitting content (including project details, documents, reports, and files) to the Service, you grant us a non-exclusive, worldwide, royalty-free, and sublicensable license to store, display, and process your content for the purpose of providing the Service.
• License : You are granted a limited license to use the Service as described in these Terms, but you do not have the right to copy, modify, distribute, or create derivative works based on the Service or its content.
9. Confidentiality

You agree to keep all confidential information, including but not limited to project details, business data, and any proprietary information related to the Service, strictly confidential. You shall not disclose such information to third parties without prior written consent, except as required by law. This obligation will remain in effect during and after the termination of this Agreement.

10. Prohibited Conduct

You agree not to use the Service for any illegal, harmful, or unethical activities. Prohibited conduct includes, but is not limited to:

• Using the Service to engage in fraudulent activities.
• Uploading or transmitting harmful software, viruses, or malicious code.
• Using the Service to infringe on the intellectual property rights of others.
• Interfering with the operation of the Service or attempting to gain unauthorized access to other accounts or systems.
11. Termination
• Termination by You : You may cancel your Account at any time by following the cancellation instructions provided within the Service. If you cancel your Account, you will lose access to the Service, but you may still be responsible for any outstanding fees.
• Termination by Us : We may suspend or terminate your access to the Service if we believe you have violated these Terms, or for any other reason at our sole discretion. In such cases, we will attempt to notify you in advance.

Upon termination, you will lose access to your account and all data stored in the Service, subject to applicable data retention laws.

12. Disclaimers and Limitations of Liability
• No Warranty : The Service is provided "as is" and “as available”, without any warranties, express or implied. We do not guarantee that the Service will be error-free, uninterrupted, or free from harmful components.
• Limitation of Liability : To the fullest extent permitted by law, Enkreate shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising from your use of the Service, including loss of profits, data, or business opportunity.
• Indemnification : You agree to indemnify, defend and hold harmless Enkreate, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, or expenses (including legal fees) arising out of your use of the Service, violation of these Terms or infringement of any third-party rights, including intellectual property or privacy rights.
13. Data Protection and Data Use

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of your data in accordance with the Privacy Policy.

You are responsible for ensuring that your data is accurate and compliant with relevant laws, including construction and data protection regulations. We use industry-standard measures to protect your data but cannot guarantee absolute security.

We take reasonable measures to protect your data, but you are responsible for ensuring the security of your login credentials and data. You agree to notify us immediately if you become aware of any security breach or unauthorized access to your Account.

14. Modifications to the Service and Terms
• Modifications to the Service : We may update, modify, or discontinue the Service at any time, in whole or in part, with or without notice.
• Modifications to the Terms : We reserve the right to modify these Terms at any time. Any changes will be posted on this page, and the updated Terms will take effect as of the "Effective Date" listed above. You are responsible for reviewing these Terms periodically.
15. Governing Law and Dispute Resolution
• Governing Law : These Terms shall be governed by and construed in accordance with Indian Laws with jurisdiction of Noida court, without regard to its conflict of law principles.
• Dispute Resolution : Any disputes arising out of or related to these Terms shall be resolved through [mediation/arbitration] in Noida Jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts in that location.
16. Miscellaneous
• Entire Agreement : These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Enkreate regarding the use of the Service.
• Severability : If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver : Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights.
17. Force Majeure

We are not liable for any failure or delay in performance of our obligations under this Agreement due to circumstances beyond our reasonable control, including but not limited to acts of God, government regulations, natural disasters, wars, Cyber Attacks or strikes.

18. Contact Information

If you have any questions or concerns regarding these Terms or the Service, please contact us at:

Enkreate Technologies Pvt Limited
info@enkreate.com

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.