Varanasi, UP- IN
Terms of Service
Effective date: 5 September 2025
Welcome to Ektasi Technology (“Ektasi”, “we”, “us”, “our”). These Terms of Service (“Terms”) govern your access to and use of our websites, products, and services, including Ektasi Labs modules (bulk email/SMS, social automation, ERP) (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy and Cookie Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
These Terms are a general framework and not legal advice. Your specific order form/statement of work (“SOW”) may include additional terms that prevail over any conflict with these Terms.
Quick Navigation
- Eligibility & accounts
- Ordering, SOWs & changes
- Fees, taxes & payment
- Licenses & intellectual property
- Acceptable use
- Customer content & responsibilities
- Third-party services & open source
- Beta/pre-release features
- Privacy, data protection & marketing
- Security, uptime & support
- Disclaimers & warranties
- Limitation of liability
- Indemnification
- Term, suspension & termination
- Publicity
- Compliance, export & anti-corruption
- Governing law & disputes
- Changes to the Services & Terms
- Miscellaneous
- Contact
1) Eligibility & accounts
You must be at least the age of majority in your jurisdiction and capable of entering into a binding agreement. You are responsible for the accuracy of registration information and for maintaining the confidentiality of credentials. You must promptly notify us of any unauthorized access.
2) Ordering, SOWs & changes
Project work, managed services, or subscriptions are governed by an order form or SOW referencing these Terms. Each SOW will specify scope, deliverables, dependencies, milestones, assumptions, and acceptance criteria. Change requests are handled via a mutually agreed change order that may adjust scope, timelines, and fees.
3) Fees, taxes & payment
Fees are as stated in the applicable order/SOW or price schedule. Unless otherwise specified, invoices are due net 15 days. Late amounts may incur interest at the lower of 1.5% per month or the maximum permitted by law. Fees are exclusive of taxes; you are responsible for applicable taxes, duties, and withholdings (other than our income taxes). Unless stated otherwise, fees are non-refundable.
4) Licenses & intellectual property
4.1 Our materials
We (and our licensors) retain all rights, title, and interest in the Services, documentation, designs, tools, libraries, templates, and know-how. Subject to your compliance with these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable license to use the deliverables for your internal business purposes, as specified in the SOW.
4.2 Deliverables & IP transfer
Unless your SOW states otherwise, you receive ownership of bespoke source code and content we create specifically for you, upon full payment, excluding our pre-existing materials and reusable components, which are licensed to you. We may reuse generalized learnings and non-identifiable know-how.
4.3 Customer trademarks
You grant us a limited license to use your name and logos to provide the Services and (subject to Section 15) to identify you as a customer.
4.4 Feedback
If you provide feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction, provided we do not identify you without consent.
5) Acceptable use
You will not (and will not permit others to):
- Violate law, infringe IP or privacy, or submit unlawful content;
- Reverse engineer or circumvent security of the Services;
- Access the Services to build a competing product;
- Transmit malware, conduct penetration tests without written consent, or overload the Services;
- Use Ektasi Labs messaging for spam, illegal, deceptive, or abusive campaigns (including phishing, harassment, or sensitive categories without consent).
6) Customer content & responsibilities
You are responsible for content you provide and for obtaining all necessary rights and consents (including from your end users) to use the Services. You represent that you will not upload special categories of personal data unless expressly agreed in writing with appropriate safeguards.
7) Third-party services & open source
The Services may interoperate with third-party products (e.g., cloud hosting, analytics, ad platforms, payment gateways). Your use of third-party services is governed by their terms, not ours. Deliverables may include open-source components subject to their licenses; we will provide notices upon request.
8) Beta/pre-release features
We may offer preview or beta features (“Beta”). Beta is provided “as is” for evaluation only, may change or be discontinued at any time, and is excluded from any SLA or warranty.
9) Privacy, data protection & marketing
Our processing of personal data is described in our Privacy Policy and, when we process on your behalf (e.g., Ektasi Labs modules), our Data Processing Addendum (“DPA”). You are responsible for your lawful basis and notices to your end users; we will process according to your documented instructions.
Marketing communications. We may send you product updates, newsletters, and invitations consistent with your preferences and applicable law. You can opt out at any time as described in our Privacy Policy.
10) Security, uptime & support
We implement industry-appropriate security measures and resilience practices as summarized in the DPA. Unless your SOW includes a specific SLA, the Services are provided on a commercially reasonable efforts basis. Support response targets and maintenance windows (if any) are set out in the SOW or support plan.
11) Disclaimers & warranties
Except as expressly stated in an SOW, the Services and deliverables are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not guarantee specific business outcomes (e.g., conversion lift, revenue), though we work hard to measure and improve results.
12) Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill, even if advised of the possibility. Except for your payment obligations and each party’s indemnity obligations, each party’s aggregate liability under these Terms will not exceed the amounts paid or payable by you to us for the Services giving rise to the claim in the 12 months preceding the event.
13) Indemnification
You will defend, indemnify, and hold harmless Ektasi and our directors, officers, employees, and agents from and against claims arising out of (a) your content or misuse of the Services, (b) your violation of law or these Terms, or (c) your end users’ actions in connection with your use of the Services. We will defend and indemnify you from third-party claims that our unmodified deliverables, as provided by us, infringe a third party’s IP right, provided you promptly notify us and allow us to control the defense. Our obligations do not apply to combinations not supplied by us, modifications not made by us, or use after we have provided a non-infringing alternative.
14) Term, suspension & termination
These Terms remain in effect while you use the Services and for the term of any SOW/subscription. Either party may terminate an SOW for material breach not cured within 30 days after written notice. We may suspend or limit access immediately if we reasonably believe there is a security risk, unlawful activity, non-payment, or violation of these Terms. Upon termination, you will pay any accrued and unpaid fees, and we will, at your request, return or delete your data as described in the DPA.
15) Publicity
We may identify you as a customer (name and logo) in marketing materials and on our website. You may opt out of publicity by emailing info@ektasi.io. Any case studies or quotes require mutual approval.
16) Compliance, export & anti-corruption
You represent that you are not subject to sanctions and will comply with applicable anti-corruption, export, and sanctions laws. You will not use the Services in prohibited regions or for prohibited end uses.
17) Governing law & disputes
Unless your SOW specifies otherwise, these Terms are governed by the laws of India, without regard to conflict of law principles, and the courts located in Uttar Pradesh (Varanasi) will have exclusive jurisdiction. Each party waives any objection to venue or forum non conveniens. Nothing prevents a party from seeking injunctive or equitable relief in any court of competent jurisdiction.
18) Changes to the Services & Terms
We may enhance or modify the Services from time to time. If we make material changes to these Terms, we will post the updated Terms with a new effective date and, where required, provide additional notice. Continued use of the Services after changes means you accept the updated Terms.
19) Miscellaneous
- Entire agreement: These Terms, together with the SOW and policies linked herein, are the entire agreement and supersede prior discussions.
- Order of precedence: If there is a conflict, the SOW controls, then these Terms, then policies.
- Force majeure: Neither party is liable for delays caused by events beyond reasonable control.
- Assignment: You may not assign these Terms without our consent, except to an affiliate or in connection with a merger or sale of substantially all assets; we may assign to an affiliate or successor.
- Severability: If any provision is unenforceable, the remainder remains in effect.
- No waiver: Failure to enforce a provision is not a waiver.
- Notices: Legal notices must be sent to the addresses in Section 20. Routine communications may be sent by email.
20) Contact
Ektasi Technology
Varanasi, Uttar Pradesh, India
Phone: +91 88799 52595
Email: info@ektasi.io