By accessing the portals/platforms, namely: Roley and any other products, services or platforms as may be launched by the Company from time to time (hereinafter collectively referred to as the “Platform”, which term shall mean and include any software, tool, system, application, extension, or interface, including but not limited to desktop, web, mobile or API-based access methods), you agree to be legally bound by the following Terms and Conditions, including any ancillary or related provisions governing the use of the Platform.
The Platform is developed, owned, operated and maintained by Tibicle LLP (hereinafter referred to as the “Company”), a Limited Liability Partnership, having its registered office at Ganesh Glory 11, B – 1001, Jagatpur Road, nr. Sarkhej – Gandhinagar Highway, Gota, Ahmedabad, Gujarat 382470, India.
By using the Platform, you unconditionally agree to comply with these Terms and Conditions (“Terms”) along with the Company’s Privacy Policy and any additional legal documents, disclaimers, or platform policies as may be applicable to you from time to time. These Terms are published in accordance with the provisions of the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and are compliant with the provisions of the Digital Personal Data Protection Act, 2023.
You must be at least 18 years of age to use the Platform. By accessing the Platform and agreeing to these Terms, you represent and warrant that you are at least 18 years of age. In the event a person below the age of 18 accesses the Platform, they shall be permitted only through the account of a parent or legal guardian, and such parent/guardian shall be deemed to have agreed to and be bound by these Terms. The Platform shall not be held responsible to verify the legal age of a user, however, it reserves the right to conduct random or discretionary checks as necessary to verify compliance with this provision.
In these Terms:
“We”, “Our”, and “Us” refer to the Company.
“You”, “Your”, “User” refer to any individual, institution, organization or legal entity, or representative thereof, that accesses, browses, registers with, uses or interacts with the Platform in any manner whatsoever.
It is strongly recommended that You revisit this page periodically to review the most recent and applicable version of these Terms. The Company reserves the right, at its sole discretion, to modify, amend or update these Terms at any time without prior notice, and continued use of the Platform by You shall be deemed as unconditional acceptance of such modified Terms. If You object to any term herein or any future changes to these Terms, or if You are dissatisfied with the Platform, You should immediately cease usage of the Platform.
DEFINITIONS
Unless the context otherwise requires, in these Terms and Conditions and any related policy documents, the following terms shall have the meanings assigned below:
“Platform” shall mean and include Roley and any other platform, website, tool, software, browser extension, API environment, mobile application, integration interface, workspace or service offering developed, operated or maintained by the Company from time to time.
“Company” shall mean Tibicle LLP, a limited liability partnership having its registered office at Ganesh Glory 11, B – 1001, Jagatpur Road, nr. Sarkhej – Gandhinagar Highway, Gota, Ahmedabad, Gujarat 382470, and shall include its affiliates, successors, employees, representatives and assigns wherever applicable.
“User”, “You”, “Your” shall mean and include any natural or legal person, including but not limited to developers, API consumers, teams, institutions, organizations or representatives thereof, accessing or using the Platform in any manner.
“Account” shall mean the valid and active user registration created or maintained on the Platform through which access is obtained and usage is managed by the User.
“API” shall mean Application Programming Interface, and shall include endpoints, methods, code snippets, documentation, environments, collections, integrations, and any programmable interface used for system or application interaction available on or through the Platform.
“Services” shall mean the functionalities, offerings, tools and support provided through the Platform, including but not limited to API testing, simulation, documentation, team collaboration, workspace management, performance analytics, and other features as introduced or modified from time to time.
“Content” shall include but not be limited to all data, APIs, files, libraries, documentation, metadata, templates, communication, posts, messages, and submissions uploaded, shared or generated on the Platform by Users or the Company.
“Personal Data” shall have the meaning assigned to it under Section 2(t) of the Digital Personal Data Protection Act, 2023, and shall include any data about or related to a user that directly or indirectly identifies such individual.
“Sensitive Personal Data” shall mean such category of personal data as defined under the applicable data protection laws, including passwords, authentication credentials, or any biometric, financial or location data that may be collected through or stored on the Platform.
“Third-Party Services” shall mean and include all external software, APIs, integrations, tools or services not owned or controlled by the Company, but which may be accessed, embedded or connected through the Platform for functional or collaborative purposes.
“Terms” or “Agreement” shall collectively mean these Terms and Conditions, including Part A (General Terms and Conditions), Part B (Special and Additional Terms and Conditions), Privacy Policy, and such other policies, disclaimers or notices as may be published or updated by the Company from time to time.
This Terms and Conditions/Agreement is an electronic record published in terms of the Information Technology Act, 2000 of India and generated by a computer system. It does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, as well as the applicable provisions of the Digital Personal Data Protection Act, 2023. Before you proceed to use this Platform, it is mandatory that you carefully read and understand all sections of this Agreement, including but not limited to these General Terms and Conditions of Use (Part A), the Special and Additional Terms and Conditions of Use (Part B), the Privacy Policy, and any other applicable legal information or notices provided on the Platform. These collectively form the Agreement between you and the Company. By using any products, software, services, or this Platform (hereinafter referred to collectively as “Services”), you confirm your acceptance of the Agreement with immediate effect. If you do not agree to the aforesaid, you must immediately discontinue use of the Platform. In case of any inconsistency or conflict between this Agreement and any other document, this Agreement shall prevail and override such document. Further, in the event of a conflict between Part A and Part B of this Agreement, the specific provisions of Part B shall prevail to the extent of such conflict. In addition, all statutory or regulatory terms binding upon you shall apply to you and remain enforceable notwithstanding anything to the contrary.
GENERAL
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The Parties agree that any such unenforceable condition shall be interpreted in a manner that best reflects the intent of the Parties, to the extent permitted under applicable law. The courts located at Ahmedabad (Gujarat), India, shall have exclusive jurisdiction over such matters. Headings in this Agreement are for reference purposes only and do not limit the scope or interpretation of any section. The failure of the Company to act with respect to a breach by you or any other party shall not be deemed a waiver of its rights to act with respect to subsequent or similar breaches. The Company does not guarantee that it will take action against all breaches. Except where expressly provided, there shall be no third-party beneficiaries to this Agreement. This Agreement, along with all referenced or incorporated documents, constitutes the entire agreement between you and the Company and supersedes any prior communications, understandings or agreements (whether written or oral), governing your use of the Platform and its Services..
DESCRIPTION OF SERVICES/ PURPOSE:
The Platform is designed to provide an end-to-end environment for API development, testing, documentation, monitoring, and team collaboration. It enables users to create, import, manage and execute APIs using various protocol types and supports features such as environment simulation, mock servers, automated test scripting, and workspace sharing. Users may access the Platform through web browsers, desktop clients, or supported mobile applications, and may integrate with external developer tools or services. The Platform offers both free and paid tiers of usage, with access controls, usage limits and/or rate-based restrictions depending on the selected plan. Services offered on the Platform are licensed to the User and not sold. The User agrees to use the Platform only through compatible supported devices and operating systems as may be notified from time to time by the Company. To access certain functionalities, Users may be required to install or use browser extensions, SDKs, or enable integrations with third-party APIs and services, in which case those components may be governed by separate end-user license agreements or third-party terms, and the User shall be solely responsible for compliance therewith. The User agrees that the Company reserves the right to modify, upgrade, or discontinue any part of the Services at its sole discretion. All services offered via the Platform shall be used strictly for lawful development, testing or documentation of APIs or similar purposes, and any misuse shall subject the User to immediate suspension or termination of access. The User expressly understands and consents that data collected or processed through the Platform, including but not limited to API definitions, environment variables, team communications, metadata, login credentials, and other Personal Data, shall be processed solely for the purposes of providing, improving, securing, or operating the Platform and in accordance with the Digital Personal Data Protection Act, 2023.
Further details related to the Services may be availed from the above-mentioned website(s). The User shall be bound by these Terms of Use and all copyright policies and other applicable laws, regardless of whether the User is availing any free or paid services. Content hosted on the Platform is licensed, not sold, to the User. The Company reserves the right to introduce additional terms in future, as may be mandated by competent authorities and/or otherwise deemed necessary. The User may use the Company’s applications or the Platform only on supported devices (as may be conveyed from time to time by the Company) that are compatible with the software. To access the application, the User may be required to download, install and run certain software and corresponding updates or upgrades, owned or controlled by the Company and/or its service provider(s). Such software shall be governed by the applicable software license or end-user license agreement, and the User shall comply with the terms thereof, which are deemed incorporated herein by reference.
While using and accessing this Platform, the User voluntarily and unconditionally consents to the Company storing, processing and transmitting certain personal information, including but not limited to login credentials, name, address, email, contact number, authentication through Gmail/Facebook, and geographical location. Some or all of this information may qualify as “Personal Data” under applicable laws, including the Digital Personal Data Protection Act, 2023. The User further consents to the Company’s use of analytics tools, such as Google Analytics, to monitor Platform usage, and acknowledges that such tools may collect anonymized or usage-based insights. All such information, including metadata, API usage logs, and activity data, may be retained and used for enhancing Platform functionality and performance.
In the course of providing user-friendly and seamless experiences, the Company may use or integrate third-party tools or services. In such cases, integrations—direct or indirect—shall be made with such third-party service providers solely to render services to the User. The User agrees and understands that these third-party services may have separate terms and privacy practices, and that the Company shall not be responsible or liable for any loss, misuse or data handling by such third parties. Any data provided by the User shall be used primarily for the purpose of fulfilling the above-described services or for any ancillary purposes related to improving the User’s experience on the Platform.
REGISTRATION:
In order to access or use certain features of the Platform, including but not limited to API creation, workspace collaboration, environment configuration, or subscription-based services, the User must first register and create an Account by providing accurate and complete information as prompted during the sign-up process. Users may be individuals, developers, teams, or organizations, and the person creating the Account represents and warrants that they are duly authorized to act on behalf of such entity, where applicable.
By registering, the User agrees to provide true, current, and complete information and to maintain and promptly update such information as necessary to ensure its accuracy. Failure to do so may result in the suspension or termination of access to the Platform. The User is solely responsible for the confidentiality and use of login credentials, API keys, access tokens, and related secure identifiers linked to their Account. Any activity carried out under the User’s credentials shall be deemed to have been performed by the User, and the Company shall not be liable for any unauthorized access resulting from the User’s failure to maintain security.
By completing the registration, the User consents to the collection, storage, use, and processing of their personal data, including contact details, device metadata, location, and account usage patterns, in accordance with the Platform’s Privacy Policy and the Digital Personal Data Protection Act, 2023. The User further agrees that the Company may contact them via email, in-app notifications, or other electronic means for account verification, service-related notices, API updates, security alerts, or promotional communications. The User may manage their communication preferences or withdraw consent as provided under applicable law.
The Company reserves the right to validate or reject any registration, restrict access to certain services, or suspend Accounts found to be in violation of the Terms of Use, Privacy Policy, applicable laws, or for reasons involving suspicious or abusive activity, at its sole discretion.
USER ACCOUNT, PASSWORD, AND SECURITY:
Upon successful registration, the User shall be granted access to a secure account environment, which may include dashboards, team workspaces, API management consoles, authentication keys, environment variables, and collaboration tools. The User is solely responsible for maintaining the confidentiality of their username, password, API keys, access tokens, and any other credentials or identifiers associated with their Account.
The User agrees to immediately notify the Company of any unauthorized use of their Account or any other security breach. The Company shall not be liable for any loss or damage arising from the User’s failure to secure their login credentials or from any unauthorised access conducted using the User’s access credentials, whether such access was authorized by the User or not. The User is solely liable for all activities that occur under their Account unless proven otherwise by demonstrable evidence of security breach originating at the Company’s end. The User acknowledges that sharing login credentials, API tokens, or other secure access mechanisms with unauthorised individuals or third parties is strictly prohibited and may result in immediate suspension or termination of access. For accounts linked to organizations or teams, the User must ensure that all users under their account hierarchy comply with the terms of this Agreement and apply appropriate role-based access control.
The Company may, at its sole discretion, require Users to reset their credentials or enable additional security measures (such as two-factor authentication) to enhance security. The Company reserves the right to monitor access patterns and may limit or restrict login attempts in the event of suspicious activity.
All personal data collected during login, session management, and authentication—including IP addresses, login timestamps, geolocation data, and device identifiers—shall be processed and stored strictly in accordance with the Platform’s Privacy Policy and applicable law, including the Digital Personal Data Protection Act, 2023.
PROPRIETARY RIGHTS:
All rights, title, and interest in and to the Platform, including but not limited to its source code, APIs, SDKs, object code, scripts, databases, visual design, trademarks, trade dress, user interfaces, workflow logic, documentation, and all related intellectual property (“Platform IP”), shall remain the exclusive property of the Company or its licensors. The User acknowledges that they are granted only a limited, revocable, non-transferable license to use the Platform and the Services as permitted under this Agreement and subject to any applicable subscription plan, and that no ownership rights are conveyed.
Any content, API collections, documentation, scripts, or material submitted, uploaded, or published by the User while using the Platform shall remain the property of the User, provided that the User hereby grants the Company a non-exclusive, royalty-free, worldwide license to store, display, process, and transmit such content solely for the purpose of providing the Services. This license shall automatically terminate upon deletion of such content by the User, subject to residual backups and legal obligations. The User agrees not to reverse engineer, decompile, or disassemble any portion of the Platform or Services, nor shall they duplicate, distribute, reproduce, sublicense, or exploit any part of the Platform IP except as explicitly permitted by this Agreement or applicable law. The Company reserves all rights not expressly granted herein.
All brand names, logos, product names, service marks, and trademarks (registered or unregistered) displayed on the Platform are the property of the Company or its licensors (“Marks”). Nothing in this Agreement shall be construed as granting, by implication or otherwise, any license or right to use any Marks without the prior written permission of the Company. Unauthorized use of the Company’s Marks is strictly prohibited and may result in legal action under applicable trademark laws.
LICENSE AND PLATFORM ACCESS/USAGE OF THE PLATFORM:
Subject to the User’s compliance with this Agreement, the Company grants the User a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform and Services for lawful internal purposes, including but not limited to API development, testing, monitoring, collaboration, and documentation. This license is granted solely for the duration of the applicable subscription plan or until the termination or deactivation of the User’s Account, whichever is earlier.
The User shall not, directly or indirectly, resell, sublicense, lease, assign, distribute, or otherwise commercially exploit the Platform or any part thereof, except as expressly permitted under a separate written agreement with the Company. The User shall not use the Platform for any prohibited purposes, including but not limited to: (a) reverse engineering, modifying, copying, or creating derivative works from the Platform; (b) attempting unauthorized access to other users’ data or Platform systems; (c) exceeding usage limits defined in the applicable plan; (d) launching or facilitating denial-of-service attacks; or (e) using the Platform in violation of applicable laws or regulations.
The scope and features of access available to the User shall depend on the plan selected at the time of registration or purchase, and may include usage thresholds for API calls, workspace collaboration, integrations, data storage, and other technical parameters. Exceeding such thresholds may result in additional charges, throttling of service, or restricted access, in accordance with the applicable plan’s terms. The Company reserves the right to monitor usage, enforce technical limitations, and take appropriate actions including suspension or termination to ensure fair and secure use of the Platform across all Users.
The Company further reserves the right to modify, suspend, or discontinue any part of the Platform or Services at any time, including during maintenance windows or for upgrades, security-related actions, or legal compliance. Use of the Platform does not grant the User any rights to the Platform’s underlying technology or intellectual property, except as explicitly provided in this Agreement. Any violation of the terms of this license shall result in immediate revocation of access and may give rise to legal action.
YOUR ACCOUNT
You represent and warrant that you (including, where applicable, the organization, team, or legal entity on whose behalf this Account is being created or operated) are of legal age, competent to contract, and under no legal or contractual restriction from using the Services offered by the Company. You further confirm that you are not a competitor of the Company, nor affiliated with any existing or potential competitor, and are not otherwise barred from accessing the Services under the laws of India or any other applicable jurisdiction.
You agree to use the Platform solely for lawful and legitimate development, testing, integration, and usage of APIs, either for your own internal use or on behalf of a third party for whom you are legally authorized to act. You further agree to inform such authorized users or third parties of these Terms and Conditions, Privacy Policy, and all applicable rules and restrictions governing Platform access.
You shall ensure that all information submitted by you at the time of registration or during continued use of the Platform is true, accurate, current, and complete. If any information is found to be false, misleading, or incomplete, or if the Company has reason to believe so, the Company reserves the right to suspend, restrict, or permanently terminate your access to the Platform, in part or in full.
Notwithstanding anything contained herein, the Company retains the right, at its sole discretion, to deny or restrict access to any User, at any time, for any reason, including but not limited to, violation of these Terms, the Privacy Policy, any applicable law, or for reasons of security, abuse, or suspected fraudulent activity.
Users are solely responsible for the creation, protection, and confidentiality of their user ID, password, API tokens, and any access credentials associated with the Account. The Company recommends that Users select strong passwords (including alphanumeric and special characters) and rotate them periodically for enhanced security.
THIRD- PARTY PARTNERS& USER CONSENT
The Company may, through the Platform, offer integrations or connections with third-party developer tools, libraries, cloud services, authentication providers, analytics systems, or infrastructure solutions. The display or enablement of such services on the Platform does not imply any endorsement, sponsorship, warranty, or guarantee by the Company with respect to such third-party offerings or their respective providers.
Any access or interaction you undertake with such third-party services is entirely at your own discretion and risk. The Company disclaims all responsibility for the actions, content, practices, or performance of such third-party entities, including any direct or indirect consequences of your engagement with them. You agree that the Company shall not be liable for any loss of data, revenue, or damage arising out of such third-party interactions or dependencies.
You represent and warrant that all information and data submitted by you to the Platform is true, correct, and provided voluntarily. By registering or continuing to use the Services, you expressly consent to the Platform collecting, processing, storing, and, where applicable, sharing certain personal or sensitive data with third-party service providers, solely for the purposes of delivering, enhancing, or supporting the Services, as outlined in the Platform’s Privacy Policy.
While the Company follows industry-standard best practices for security, including encryption, access control, and data segmentation, it does not guarantee that such measures will prevent all unauthorized access, breach, or loss. The Company retains the right to delete, archive, or anonymize a User’s data, either upon account expiration or termination, or in the event of any material breach of these Terms. Upon a legitimate deletion request from the User, the Company shall act in accordance with applicable law and internal retention protocols.
LOCAL LAWS
The Company controls and operates this Platform from its headquarters located in Ahmedabad, Gujarat, India. The Company makes no representation that the Services or content offered on the Platform are appropriate or available for use in other locations or jurisdictions. If you access or use this Platform from outside India, you are solely responsible for compliance with all applicable local laws and regulations, including, but not limited to, fiscal, economic, data protection, and taxation laws, as well as export and import control regulations of any relevant jurisdiction.
Any access or interaction you undertake with such third-party services is entirely at your own discretion and risk. The Company disclaims all responsibility for the actions, content, practices, or performance of such third-party entities, including any direct or indirect consequences of your engagement with them. You agree that the Company shall not be liable for any loss of data, revenue, or damage arising out of such third-party interactions or dependencies.
By accepting these Terms and Conditions, you expressly confirm and undertake that neither you nor any of your representatives shall have any right to dispute or challenge the governing law, jurisdiction, or dispute resolution provisions specified under these Terms, including those stated in Part B – Special and Additional Terms and Conditions, if applicable.
SUBMITTED CONTENT AND MATERIALS
The Company does not claim ownership or make any representation regarding the usability, suitability, or legality of any information, code, data, documents, metadata, API definitions, or materials (“Materials”) of any kind made available, submitted, uploaded, or transmitted by you on or through the Platform. However, certain organizations, developers, or enterprise accounts may subscribe to or integrate third-party APIs or modules via the Platform, which are owned by their respective licensors or publishers. The Company does not claim ownership, nor does it guarantee the accuracy, completeness, authenticity, or legality of any such third-party content.
At the Company’s sole discretion, such Materials may be included in the Services in whole, in part, or in modified form, for the limited purpose of delivering, debugging, improving, or maintaining the Services. With respect to any such Materials you provide for inclusion or upload, you hereby grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, host, copy, distribute, publicly display, reformat, modify, create derivative works, and sublicense such Materials, including the use of your name, organization name, or attribution submitted in connection with such Materials, unless specifically agreed otherwise in writing by the Company.
You hereby represent, warrant, and covenant that all such Materials provided by you are original, lawful, and do not include anything (including but not limited to code, documentation, metadata, or environment configurations) to which you do not have the full right, title, and authority to grant the license specified in this section. In case any liability arises upon the Company due to any Material submitted by you, you shall be solely liable and shall fully indemnify and hold harmless the Company from any such claims, demands, damages, costs, or losses.
The Company assumes no responsibility and accepts no liability for any content or Materials posted, shared, or submitted by you. The Company has no obligation to post, retain, or display your Materials or content and reserves the right, at its absolute discretion, to determine which Materials are published or stored on the Platform and which are removed without notice.
If you do not agree to the terms of this section, you are advised not to submit any Materials to the Platform. You agree and confirm that you shall be fully and solely responsible for the genuineness, veracity, and legal compliance of all Materials submitted by you.
You are specifically prohibited from posting, transmitting, or submitting to the Platform:
SUBSCRIPTION PLANS, BILLING & USAGE LIMITS
Plan Categories:
The Platform offers various subscription plans including, but not limited to, Free, Professional, and Enterprise plans. Each plan comes with defined features, usage caps, pricing structures, team roles, and support levels, as displayed on the Platform or as may be communicated directly by the Company. Use of the Services is strictly governed by the terms of the selected plan.
Free Trials and Limited Access:
The Company may, at its sole discretion, offer time-bound (up to 3 years) free trials or perpetual free-tier plans with limited functionality. The Free Trial plan allows access for up to three (3) users, each of whom shall be designated as an “Owner.” The Company reserves the right to alter, suspend, limit, or discontinue such free trials or free-tier offerings at any time, with or without prior notice.
Professional Plan:
Under the Professional Plan, a minimum of five (5) users is required, with the option to scale to any number of users. Charges are applied on a per-user basis. Users may be added or removed by the Team Owner. Ownership rights are restricted — only one user can be designated as the Team Owner at any given time. The Owner cannot be removed from the workspace as a member or administrator by any other user. The Owner has the ability to share activity logs and team history.
Subscription Period:
Subscriptions may be billed monthly or annually, depending on the plan selected by the User. Upon cancellation, auto-renewal shall be disabled. However, the User shall retain access to the services for the duration of the already-paid subscription term.
Billing & Renewal:
Users subscribing to paid plans agree to pay the applicable fees in accordance with the selected billing cycle (monthly, quarterly, or annually). All subscriptions are set to auto-renew unless expressly cancelled by the User before the renewal date. The Company shall not be liable for any service interruption, restricted access, or data loss resulting from failed payment attempts or expired payment methods.
Overuse and Upgrade:
Users who exceed their allocated usage limits (including but not limited to API call volume, number of team members, rate limits, or storage) may be prompted to upgrade to a higher plan or incur overage charges. Failure to resolve overuse may result in limited access or temporary suspension of services.
Cancellation and Refunds:
Subscriptions can be cancelled by the User at any time via the account dashboard. Unless otherwise provided under the Company’s Refund and Cancellation Policy, all subscription payments are non-refundable and non-transferable.
Taxes:
All subscription fees are exclusive of applicable taxes including but not limited to GST or any equivalent tax. Users shall be solely responsible for compliance with tax obligations in their respective jurisdictions.
Changes to Plans:
The Company reserves the right to modify, enhance, or discontinue any plan or its features, pricing, or terms at its sole discretion. Reasonable notice will be provided to Users prior to such changes taking effect. Continued use of the Platform post-notification shall constitute deemed acceptance of such revised terms.
LIMITATION OF LIABILITY
The Company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, Licensors, and Service Providers (hereinafter referred to as “the Company’s Associates”) shall not be responsible or liable for:
Any injury, loss, claim, act of God, business disruption, code failure, error, bug, breach, accidental deletion, corruption, delay, or any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind (including without limitation lost data, lost revenue, lost profits, lost savings, infrastructure damage, denial of service, or system downtime), whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with:
Any failure, delay, or inability to use any component of the Platform, APIs, or related Services;
Any use of or reliance placed by the User on any documentation, request/response content, metadata, credentials, tokens, or third-party integrations available on the Platform; The performance or non-performance by the Company or the Company’s Associates, even if such parties have been advised of the possibility of damages or losses;
Any errors, inaccuracies, bugs, vulnerabilities, or omissions in any content or API code; or for any loss or damage incurred due to the use of any API, collection, script, or material uploaded, shared, hosted, transmitted, or otherwise made available through the Platform;
User-submitted content, or the unauthorized, defamatory, infringing, malicious, or illegal conduct of any third party interacting through or integrated with the Platform. Any viruses, trojans, worms, scripts, or other malicious code that may infect, damage, or affect the User’s systems, environments, applications, or devices, arising as a result of the User’s access to or use of the Platform or any content downloaded therefrom.
Any technical, operational, legal, or commercial losses, damages, or claims — whether anticipated or unanticipated — that may arise from the use of this Platform, including its sandbox environments, API testing features, or third-party services integrated into the User’s workflow or application pipeline.
In no event shall the Company, its affiliates, directors, officers, employees, advisors, licensors, vendors, or service providers be liable to the User for any claims, demands, proceedings, liabilities, damages, losses, or costs in an amount exceeding the aggregate sum actually paid by the User to the Company for the Services during the three (3) months immediately preceding the date of such claim, if any.
INDEMNITY
You agree to indemnify, release, defend, and hold harmless the Company and the Company’s Associates, employees, officers, directors, affiliates, licensors, third-party service providers, and advisors, from and against any and all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interest, costs, or expenses of any kind or nature (including, without limitation, reasonable legal and attorneys’ fees), arising out of or in any way related to:
Your use of the Platform, Services, or any associated content, API environment, or integrations;
Any breach by you of this Agreement, including any false representation, warranty, or covenant made by you herein;
Any violation of applicable law, rule, regulation, or guideline (including but not limited to the Digital Personal Data Protection Act, 2023, Indian Contract Act, IT Act, export control laws, or foreign data protection regulations);
Any infringement of intellectual property rights, data rights, proprietary rights, or privacy rights of the Company, other Users, or third parties;
Any Material, content, API payload, data object, request, or environment you submit, upload, or transmit through the Platform which causes or is alleged to cause harm or loss to any party.
The Company reserves the right, at its own discretion and cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to fully cooperate as reasonably required.
ELECTRONIC COMMUNICATION
When you use the Platform, you are communicating with the Company electronically. You hereby expressly consent to receive communications from the Company electronically. The Company may communicate with you by email, SMS, phone call, platform notifications, or by posting notices on the Platform, or by any other means of communication that are customarily used and available.
You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically shall satisfy any legal requirement that such communications be in writing. You further agree that such electronic records shall be admissible in any legal proceedings, and shall not be denied validity, authenticity, or enforceability solely on the grounds that they are in electronic form.
You agree to periodically (at least once every calendar year) visit and review the Terms and Conditions and the Privacy Policy as available on the Company’s official website and/or within the Platform interface. In the event you do not agree to the same or any modifications thereto, you are required to immediately cease usage of the Platform and all associated Services. Continued use of the Platform shall be deemed to constitute your deemed acceptance of such Terms.
LINKS AND BROWSER EXTENSION
The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party site or resource. Company reserves the rights to store and process the browsing history as may be required for internal analysis purposes.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.
MODIFICATION AND NOTIFICATION OF CHANGES
The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. If the company makes a material modification to this Agreement, you are advised to refer this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
YOUR TELEPHONE CALLS
Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform. Your telecom provider will charge you at local rates for calls made to non-toll-free numbers. Any solicitation talks shall not be entertained and you as a user of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/Tele Talks in this regard shall apply and you as a user are bound to comply with the same
FEEDBACK
Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.
ADDITIONAL TERMS AND CONDITIONS ON CERTAIN SECTIONS OF THE SITE
In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.
[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to an service applicant. In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]
All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):
CONFIDENTIALITY
The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the user. All information shared by the user as a registered account holder with the Platform and/or the company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.
However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach.
The Platform shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need to know basis.
All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same.
INDEMNITY
A breach or noncompliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users breaches or fails to comply with any of the provisions of this Part B.
DISPUTE RESOLUTION
Amicable Settlement
If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.
Arbitration
If the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.
The arbitration shall be conducted and managed by the Arbitration and Conciliation Act 1996 as amended by the Arbitration and Conciliation (Amendment) Act 2015 as in force. All disputes and questions whatsoever which shall arise either during the currency of this Agreement or afterwards, between the Parties concerning this Agreement to a single Arbitrator in case the Parties agree upon one. Otherwise each party will appoint one Arbitrator within fifteen (15) days and both the arbitrators shall jointly appoint the presiding arbitrator within a period of ten (10) days. The panel of the three arbitrators shall attempt to resolve the Dispute within a period of thirty (30) business days from reference. The decision of the arbitrators shall be final and binding on the Parties.
The place of arbitration shall be Ahmedabad (India) and all arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in court, having the above jurisdiction at Ahmedabad, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
The Courts at Ahmedabad, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a ZERO COMPLAIN (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein.
GOVERNING LAWS AND JURISDICTION
This Agreement (Terms of Use-including part A and B) and the relationship between you and the company will be governed by the laws of the India without regard to its conflict of law provisions. Subject to the above, the courts located in Ahmedabad (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a Zero Complain/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe.
WARRANTIES
The company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at company’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
No warranty: The company sites, services, and software are provided “as is,” with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the company.
Other than as expressly set out in these terms or additional, in no event shall Company, its officers, directors,
employees, advisors, vendors, service providers and/ or agents, be liable to the user for any direct, indirect,
incidental, special, punitive, or consequential damages whatsoever resulting from any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from users access to and use of our service,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our servers,
(iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party,
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the Company’s client, whether based on warranty, contract, tort, or any other legal theory, and whether or not company
is advised of the possibility of such damages, and/or
(vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions may allow the prudence and enforceability of certain warranties, like the implied warranty of services fitness for a particular purpose etc.; however, to the extent permitted by law, company excludes all such warranties and strongly advises user to proceed with usage of the platform only if he/she agrees with the Terms and Conditions and Privacy Policy of the company as stated herein.
Although the Application may link to other websites (“External Sites”), company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By accessing company’s portal/application/website, User acknowledge and agree that company has not reviewed the External Sites and is not responsible for the content contained on any External Site. User access and use of any External Site is at Users own risk, damages and consequences. The Site may contain information or advertising for third parties. Company expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site. Company shall not be deemed to have considered, reviewed, screened or approved any such third party communication.
TERMINATION
In addition to any other rights of the parties set forth herein, Company may in its sole discretion, restrict, suspend or terminate User access to the Content and Service, in whole or in part and without notice, even if the end client / customer continues to offer access to the services of portal Content and Service to its other members or representatives. If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, Company reserves the right to refuse to provide other services to User in the future, even if User subscribes to such services and offers the benefits of such subscription to its other members or representatives.
FORCE MAJUERE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its representatives to take necessary action against me/us. You hereby declare that you are of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.
You hereby confirm by clicking on “I Accept” [ ] for having read and understood the Agreement (Terms of Use, all sections – Part A & Part B, Privacy Policy, Refund Policy and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement (as applicable to you). Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against me/us.
You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.