Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by SuperhawkAI Technologies Pvt Ltd ("Company", "we", "us"). By accessing or using our Services, you agree to be bound by these Terms.

1. Service(s)

Upon acceptance of these Terms, users are granted a limited, non-exclusive, revocable right to access and use the Services solely for internal business purposes. The Company provides access to the Services in accordance with these Terms, including standard support and compliance with applicable laws. Updates and modifications to the Services may be applied automatically and shall be deemed part of the Services. Trial accounts are provided at the Company's discretion and may be terminated at any time without prior notice.

2. User Responsibilities

Usage of the Services is restricted to specified authorized users via unique login credentials. Users shall not sublicense, resell, reverse engineer, modify, or use the Services for competitive analysis or any purpose not expressly permitted under these Terms. Users are solely responsible for obtaining all necessary permissions for any data submitted to the Services and for ensuring compliance with all applicable laws and regulations.

3. Intellectual Property

All intellectual property rights in the Services, including but not limited to software, documentation, and trademarks, remain the exclusive property of Superhawk AI and its licensors. Users retain ownership of all data submitted to the Services. By using the Services, users grant the Company a royalty-free, non-exclusive license to use service data solely for the purpose of providing and maintaining the Services. The Company may use anonymized and aggregated data derived from usage of the Services for the purpose of improving and enhancing the platform.

4. Third Party Services

The Company holds no liability for any third-party services or integrations accessed through or in connection with the Services. By enabling third-party integrations, users grant the Company authority to share relevant data with the applicable third-party service providers as necessary to facilitate the integration.

5. Charges and Payment

All charges for the Services are as specified in the applicable order forms and are due in advance. Payment is due within 30 days of the date of invoice. All charges are non-refundable unless otherwise specified in the applicable order form or these Terms. In the event of late payment, the Company may, upon 10 days' written notice, suspend or terminate access to the Services. All applicable taxes are the responsibility of the user.

6. Term, Termination and Suspension

Subscriptions automatically renew unless either party provides at least 30 days' written notice prior to the end of the current term. Either party may terminate these Terms for an uncured material breach by providing 30 days' written notice to the other party. Upon termination, all service data will be deleted within 45 days unless otherwise required by applicable law.

7. Confidentiality, Data Privacy and Security

Login credentials and account information must be kept confidential. The Company maintains appropriate technical and organizational security measures to protect data processed through the Services. Personal data is processed in accordance with applicable laws, including the Digital Personal Data Protection Act, 2023 (India), and any other relevant data protection regulations.

8. Warranties and Disclaimers

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied. The Company warrants that it will not materially decrease the overall functionality of the Services during a subscription term. Any non-conformance must be reported within 30 days of occurrence. The Services are not guaranteed to be error-free or uninterrupted.

9. Limitation of Liability

In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms. The total aggregate liability of the Company under these Terms shall not exceed the amounts paid by the user to the Company in the 12 months preceding the event giving rise to the claim.

10. Indemnification

The Company shall defend and indemnify users against any third-party claims alleging that the Services infringe upon the intellectual property rights of such third party. Users shall defend and indemnify the Company against any claims arising from the user's violation of acceptable use policies or applicable laws.

11. Governing Law

These Terms shall be governed by and construed in accordance with the following, depending on the user's jurisdiction:

• India (default): Indian law, with exclusive jurisdiction of the courts of Bengaluru.
• United States: The laws of the State of New York, with the exclusive jurisdiction of the courts of New York, NY.

12. Miscellaneous

The parties are independent contractors. Users shall comply with all applicable export control laws and regulations. Both parties agree to comply with applicable anti-bribery and anti-corruption laws. Neither party may assign these Terms without the prior written consent of the other party. Neither party shall be liable for any failure or delay in performance due to force majeure events. Notices under these Terms may be delivered via email or mail to the addresses specified in the applicable order form.