1. INTRODUCTION

These Terms and Conditions ("Terms") establish the legal framework governing your interaction with the Zacx platform ("Platform"), utilization of services delivered through the Platform, and all contractual relationships with Zapkaro Technologies LLP ("Owner" or "Company" or "We" or "Us" or "Our").

Zacx is offered by:

Zapkaro Technologies LLP
LLPIN: ACK-6080
Registered Address: 8-2-682/A Beside Ohris Restaurant, R D 12 B Hills, Banjara Hills, Hyderabad, Khairatabad, Telangana, India, 500034
Email: support[at]zacx.io
Website: https://zacx.io

The term "Zacx" encompasses our digital presence including the primary website and subdomains, mobile and tablet applications, Application Programming Interfaces (APIs), all service offerings, and associated software components, content repositories, and technical documentation.

2. ACCEPTANCE OF TERMS

THIS DOCUMENT CONSTITUTES A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU ("User" or "Client" or "You" or "Your") AND OUR ORGANIZATION REGARDING PLATFORM UTILIZATION AND ESTABLISHES THE CONTRACTUAL FRAMEWORK UNDER WHICH YOU MAY ACCESS AND ENGAGE WITH THE PLATFORM AND ITS ASSOCIATED SERVICE OFFERINGS.

THESE PROVISIONS BECOME EFFECTIVE IMMEDIATELY UPON YOUR ACKNOWLEDGMENT (WHETHER EXPLICITLY THROUGH ELECTRONIC CONFIRMATION, BY SELECTING THE "I AGREE" OPTION, THROUGH PLATFORM UTILIZATION, OR BY ESTABLISHING A REGISTERED USER PROFILE) AND WILL REGULATE ALL ASPECTS OF THE RELATIONSHIP BETWEEN YOU AND OUR ORGANIZATION THROUGHOUT YOUR ENGAGEMENT WITH THE PLATFORM AND ITS SERVICE COMPONENTS.

THIS AGREEMENT CONSTITUTES AN ELECTRONIC RECORD AS DEFINED UNDER THE INFORMATION TECHNOLOGY ACT, 2000, DIGITAL PERSONAL DATA PROTECTION ACT, 2023, AND THE GENERAL DATA PROTECTION REGULATION (GDPR) (EU) AND ALL APPLICABLE SUBORDINATE LEGISLATION, INCLUDING SUBSEQUENT AMENDMENTS TO ELECTRONIC RECORD PROVISIONS ACROSS VARIOUS STATUTES AS MODIFIED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC DOCUMENTATION IS GENERATED THROUGH AUTOMATED COMPUTATIONAL SYSTEMS WITHOUT REQUIRING PHYSICAL OR DIGITAL AUTHENTICATION SIGNATURES.

BY FURNISHING YOUR INFORMATION OR ENGAGING WITH THE PLATFORM AND ITS SERVICE COMPONENTS, YOU EXPLICITLY CONSENT TO THE COLLECTION, RETENTION, PROCESSING, AND TRANSFER OF ALL PERSONAL INFORMATION AND NON-PERSONAL INFORMATION BY OUR ORGANIZATION AS OUTLINED WITHIN THIS DOCUMENT AND OUR PRIVACY POLICY.

3. USER ELIGIBILITY AND WARRANTIES

You explicitly affirm, guarantee, and represent that:

3.1. You operate as a legitimate business entity, qualify as an adult under applicable legislative frameworks, and possess full legal capacity to enter into binding contractual obligations.

3.2. Your Platform utilization shall be exclusively restricted to legitimate commercial endeavors, specifically business or trade-related activities. The Platform must not be employed for personal usage, political advocacy, or any activities contravening applicable legislation, including but not limited to: promotion of multi-level marketing arrangements, deceptive advertising practices, engagement with unlawful gambling or wagering operations, support of terrorist organizations or their activities, facilitation of human trafficking or exploitation, distribution of counterfeit merchandise or unauthorized intellectual property, unlicensed distribution of controlled substances or pharmaceutical products, or dissemination of hate speech or violent incitement ("Permitted Purpose").

3.3. Your geographical location is not within any territory subject to Indian Government sanctions or designated as supporting terrorism, and your identity does not appear on any Indian Government roster of restricted or prohibited entities or individuals.

3.4. You commit to maintaining continuous compliance with all policies and service terms established by business messaging platforms and applications you select when utilizing our Services, with particular emphasis on WhatsApp Business API governance frameworks.

3.5. You have secured and will continuously maintain all necessary third-party authorizations/consents, governmental approvals, registrations, certifications, licenses, permits, and additional permissions mandated under applicable legislation for proper Service utilization.

4. ACCOUNT REGISTRATION AND SECURITY

4.1. Service access necessitates registration or establishment of a User profile, requiring complete and factual provision of all requested information. Incomplete or inaccurate submissions will result in Service unavailability.

4.2. You bear exclusive responsibility for maintaining confidentiality and security of your authentication credentials. Accordingly, you must implement passwords meeting the most rigorous security standards permitted by the Platform architecture.

4.3. Upon registration completion, you assume complete responsibility for all activities conducted under your user identification and password. You must immediately and unequivocally notify our organization upon suspicion that your personal information, including but not limited to User accounts, access credentials, or personal data, has been compromised, improperly disclosed, or misappropriated.

4.4. You shall bear exclusive responsibility for actions and omissions of any individuals you authorize to access the Platform through your account, as though such activities were your personal actions.

4.5. You explicitly consent to:

  • Restrict access to authentication credentials and system login information exclusively to authorized representatives from your organization
  • Avoid unauthorized utilization of another individual's identity or electronic communication address
  • Refrain from implementing offensive, inappropriate, or unprofessional identifiers within email addresses or profile designations
  • Prevent unauthorized third-party utilization of your authentication credentials or account access
  • Promptly report any account activities even when not personally initiated by you

4.6. We reserve the right to modify or expand registration data requirements for account establishment periodically. You agree to promptly complete any such additional or modified information fields upon official request.

5. ZACX SERVICES

5.1 Service Description

The Zacx Platform delivers enterprise-grade client communication management capabilities through a secure, cloud-hosted infrastructure. Our solution enables organizations with active subscriptions to centralize and optimize customer interactions through a unified interface that leverages WhatsApp Business API functionality. Principal service components include:

  • Multi-agent live chat inbox with enterprise-level messaging capabilities
  • Seamless team collaboration environment for coordinated customer engagement
  • Advanced conversational automation with 24/7 intelligent response systems
  • Performance analytics offering actionable business intelligence
  • Integration capabilities with existing enterprise systems and external platforms via API
  • Customizable WhatsApp template editors and form builders for personalized communication
  • WABA Profile Management interface for streamlined WhatsApp Business Account administration
  • Done-for-you services, providing end-to-end solutions tailored to your needs

5.2 Third-Party Dependency Acknowledgment

By accepting these Terms, you explicitly recognize and acknowledge that our Platform's operational capabilities are fundamentally dependent upon services provided by the WhatsApp Business API ecosystem for service delivery to end users. Consequently, any modifications, enhancements, restrictions, or structural changes implemented by the WhatsApp Business API provider may substantially impact our service delivery capabilities, potentially resulting in functional limitations, performance variations, or service interruptions beyond our reasonable control.

5.3 Technical Configuration Limitations

Please be advised that our Platform possesses no administrative authority or technical influence over the delivery infrastructure, technical parameters, or operational configurations implemented by the WhatsApp Business API provider. All such elements remain under the exclusive control of the messaging platform provider.

6. MESSAGING PLATFORM COSTS AND CHARGES

6.1 Third-Party Pricing Structure

The financial obligations associated with messaging services (comprising conversation fees, template charges, and related costs) are established exclusively by the messaging platform provider (Meta Platforms, Inc.) and not by Zacx. It is imperative to understand that these expenses constitute a separate financial obligation distinct from our subscription fees.

6.2 Price Modifications and Financial Implications

The messaging platform provider maintains unilateral authority to modify their fee structure at any point without prior consultation. Such alterations will directly influence your financial expenditure when utilizing our Platform's messaging capabilities. Zacx explicitly disclaims all responsibility for such pricing amendments and preserves the right to correspondingly adjust our billing framework to reflect these external changes. Under no circumstances shall Zacx bear liability for issuing refunds of subscription charges or compensating for damages resulting from third-party pricing modifications, as these pricing structures remain outside our sphere of influence.

6.3 Mandatory Financial Due Diligence

Prior to subscription commitment, we emphatically encourage prospective users to conduct thorough examination of the current messaging platform fee structure as transparently displayed on our website. Your decision to proceed with subscription to our services constitutes explicit acknowledgment and unconditional acceptance of these separate messaging expenditures and the understanding that they remain subject to change at the messaging platform provider's discretion.

6.4 Exclusions from Subscription Coverage

For absolute clarity, be advised that our Subscription Fee explicitly excludes any charges imposed by Meta Platforms, Inc. for Template Message creation, distribution, Business-Initiated Conversations, User-Initiated Conversations, or any other communication categories as defined and priced by Meta Platforms, Inc.

7. LICENSE GRANT AND LIMITATIONS

7.1 Conditional License Provision

Subject to your unwavering compliance with these Terms and timely remittance of applicable fees, we extend to you a restricted, non-exclusive, personal, revocable, non-transferable, and non-sublicensable license to access and utilize the Platform and its Services on a subscription basis in accordance with the provisions contained herein.

7.2 Service Delivery Methodology

The Platform shall be provided exclusively through a Software-as-a-Service (SaaS) delivery model, whereby our organization maintains centralized hosting infrastructure to facilitate Platform access. This arrangement explicitly excludes any software installation on your local computing infrastructure.

7.3 Intellectual Property Reservation

Nothing within this agreement shall be interpreted as establishing any arrangement for transferring title, ownership interest, or rights under any Intellectual Property incorporated within the Platform to your benefit or control.

7.4 Prohibited Activities

You are expressly prohibited from:

  • Licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise commercially exploiting or making the Platform or its content accessible to any third party through any means
  • Circumventing or disabling any security mechanisms or technical safeguards implemented within the Platform
  • Modifying, reproducing, or creating derivative works based upon the Platform or its content components
  • Establishing internet hyperlinks to the Platform or "framing" or "mirroring" any content on alternative server infrastructure or wireless or internet-accessible devices
  • Reverse engineering or accessing the Platform for purposes including but not limited to developing competing products or services, or replicating ideas, features, functions, or graphical elements of the Platform
  • Utilizing the Platform for any purpose beyond your internal business operations

7.5 Rights Reservation

We explicitly reserve for our organization all rights and interests not specifically granted under these Terms.

8. MESSAGING PLATFORM INTEGRATION

8.1 Third-Party Compliance Requirements

Our Platform interfaces with WhatsApp Business API through authorized integration. By utilizing this integration, you contractually commit to comply with all applicable WhatsApp policies, guidelines, and terms, including but not expressly limited to:

  • WhatsApp Business Policy framework and standards (https://www.whatsapp.com/legal/business-policy)
  • WhatsApp Commerce Policy restrictions and requirements (https://www.whatsapp.com/legal/commerce-policy/)
  • WhatsApp Business Solution Terms in their entirety (https://www.whatsapp.com/legal/business-solution-terms)
  • WhatsApp API rate limitations and technical parameters (https://developers.facebook.com/docs/whatsapp/api/rate-limits)
  • Any additional policies, restrictions, or guidelines as introduced or modified by WhatsApp

8.2 Dynamic Policy Environment

The messaging platform provider reserves the unilateral right to update, amend, or completely overhaul their policies without providing prior notification. Your continued utilization of their services through our Platform following any such modification constitutes legal acceptance of these altered terms, regardless of whether you have actively reviewed such changes. You bear sole responsibility for maintaining awareness of current policy requirements.

8.3 Service Limitations and Provider Discretion

All message templates require explicit review and approval by the messaging platform provider, who maintains absolute discretion in acceptance or rejection. The messaging platform provider exercises unilateral authority to impose limitations on message volume, timing, content, and delivery parameters. The messaging platform provider retains sole discretion to restrict, suspend, or permanently terminate your access to their API based on their independent assessment of policy compliance. Zacx explicitly disclaims all liability and responsibility for any suspension, limitation, or termination imposed by the messaging platform provider. Upon registration of a phone number with our Platform, that number becomes exclusively associated with our integration and cannot simultaneously be utilized with the WhatsApp Business application, mobile application, or competing integration platforms.

9. SUBSCRIPTION PLANS AND PAYMENT TERMS

9.1 Subscription Selection Requirement

To gain access to the Platform's functional capabilities, you must select an appropriate service tier from available subscription options presented on the Platform's pricing interface and agree to remit the corresponding fee associated with your selected subscription plan ("Subscription Fee").

9.2 Evaluation Period Provisions

You may be offered a time-restricted complimentary evaluation period as specified within our pricing documentation. All rights and obligations established within these Terms shall apply with equal force to Platform utilization during this evaluation period. You retain the right to terminate these Terms at any point prior to evaluation period conclusion without incurring Subscription Fee obligations. However, upon evaluation period expiration, automatic billing for your selected Subscription Fee will commence unless you have formally terminated your account.

9.3 Subscription Duration and Renewal Framework

Subscriptions enable continuous Platform access and utilization throughout a defined temporal period (monthly, quarterly, annually, or alternative specified duration). Paid subscriptions activate on the date payment confirmation is received by our organization. Your Platform subscription will automatically renew unless formal written notification of non-renewal is submitted at least seven (7) calendar days prior to the conclusion of the applicable subscription term.

9.4 Authorized Payment Methodologies

Our organization accepts the following payment mechanisms:

  • Credit/Debit Card instruments (supporting both domestic and international issuers)
  • Unified Payments Interface (UPI) (exclusively available for users within Indian territory)

9.5 Subscription Modification Framework

You maintain the right to transition between available Subscription Plans through upgrading or downgrading processes. You explicitly acknowledge that subscription downgrades may result in functionality restrictions or capacity limitations compared to your previous subscription level. Our organization bears no liability for such feature reductions following downgrade implementation.

9.6 Taxation Responsibility

All financial obligations stipulated within these Terms exclude applicable governmental levies and taxation requirements, including goods and services tax assessments. All applicable taxation obligations and supplementary charges associated with Subscription Fees remain your exclusive financial responsibility.

9.7 Payment Delinquency Consequences

If undisputed Subscription Fee payment remains outstanding beyond five (5) calendar days from the scheduled payment date, following formal written notification from our organization, we reserve the right to suspend your Platform access, including but not limited to your user account, until such time as outstanding financial obligations are satisfied in full.

9.8 Non-Refundability Declaration

Unless explicitly mandated by applicable legislation or otherwise agreed through separate written arrangement, paid Subscriptions are non-cancellable during their active term and non-refundable following payment processing. For information regarding our refund policies, please consult our dedicated Refund Policy documentation available on our website.

10. CANCELLATION AND BILLING POLICIES

10.1 Subscription Termination Protocol

All subscription plans (monthly, quarterly, annual, or multi-year) automatically renew on their respective renewal dates according to the original purchase date until formally terminated through written notification. To initiate cancellation, subscribers must submit a formal termination request via electronic communication to our designated support address: support[at]zacx.io. Verbal cancellation requests or notifications through alternative channels will not be recognized as valid termination notices.

10.2 Non-Refundability of Partial Service Periods

We adhere to a strict non-refund policy regarding fractional subscription durations. Under no circumstances will refunds or credits be issued for partial months, quarters, or years of service following cancellation. The full subscription fee for the current billing period remains payable regardless of the actual utilization extent within that period. This policy applies without exception unless superseded by mandatory provisions of applicable law.

10.3 Financial Delinquency Consequences

Zacx reserves the unconditional right to suspend service access in response to payment delinquency according to the following implementation framework:

  • For newly onboarded users: If payment remains outstanding beyond fifteen (15) calendar days from service activation date, service suspension will be implemented without additional notice
  • For existing subscribers in renewal cycles: If renewal payment is not successfully processed within one (1) calendar day of the scheduled renewal date, immediate service suspension may be implemented
  • Service restoration following suspension requires full payment of outstanding balances plus any applicable reinstatement fees

11. CONTENT AND USER DATA

11.1 Media Content Definition

"Media Content" encompasses all digital information transmitted through the Platform's internet channels, including but not limited to textual communications, visual imagery, audiovisual recordings, and document file formats.

11.2 User Data Categorization

"User Data" comprises all content, materials, informational elements, and data—including Media Content and Personal Data—that you or your authorized representatives input into the Platform or otherwise transmit for Platform processing to facilitate Service delivery.

11.3 Content Ownership Declaration

You affirm that you (and your licensors, where applicable) maintain complete right, title, and interest regarding all Media Content and User Data. With specific reference to Personal Data components within User Data, you maintain your status as data controller while our organization functions exclusively as data processor.

11.4 Processing Authorization

You explicitly authorize our organization to process User Data in accordance with the provisions contained within these Terms. You further confirm that you have secured all Consents required under applicable legislation prior to submitting User Data for Platform processing.

11.5 Data Utilization Restrictions

Our organization shall not utilize Personal Data collected on your behalf, received directly from you or your authorized personnel, or otherwise processed pursuant to your instructions for any purpose beyond those essential for Platform utilization under these Terms.

11.6 Security Responsibilities

You retain exclusive responsibility for implementing appropriate security protocols, protective measures, and backup procedures for User Data. Our organization disclaims all liability for any loss or damage resulting from your failure to implement appropriate data protection measures.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 Ownership Reservation

All intellectual property rights, legal title, and interest in the Platform, including current and future modifications, updates, and enhancements, shall unconditionally remain under our exclusive organizational ownership at all times.

12.2 Non-Transfer Declaration

These Terms neither establish nor shall be interpreted as establishing any transfer of ownership or proprietary interest in Platform components from our organization to you, except as otherwise explicitly provided herein.

12.3 Limited Usage Authorization

Subject to these Terms, we grant you a restricted, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to access and utilize the Platform and its associated Services for personal business purposes. This license specifically excludes any redistribution or commercial exploitation of the Platform.

12.4 Prohibited Activities

You are expressly prohibited from:

  • Re-utilizing Platform Services or systematically extracting any content components
  • Implementing automated systems, data mining techniques, or extraction tools for Platform replication
  • Creating or publishing materials incorporating Platform elements without our prior written authorization

12.5 Trademark Protection

"Zacx" and associated logos, including regional linguistic variations of these identifiers, constitute protected trademarks or registered trademarks owned by our organization. Except as explicitly authorized within these Terms, you are prohibited from utilizing any of our trademarks or intellectual property, either independently or in combination with additional textual or design elements.

12.6 Perpetual Protection

You are perpetually prohibited, throughout the Term duration and following its termination, from challenging the validity or ownership of our intellectual property. You may not register or utilize any trademark, design element, product designation, or commercial identifier that exhibits confusing similarity to our protected trademarks, product designations, or commercial identifiers.

12.7 Third-Party Trademark Acknowledgment

References to external parties' trademarks within our Platform, including but not limited to payment service providers and additional service vendors, serve exclusively for identification purposes. Such references do not indicate endorsement of our Platform or its Services by these external organizations. These Terms grant no rights regarding utilization of these third-party trademarks.

13. CONFIDENTIALITY

13.1 Definition

"Confidential Information" encompasses all confidential and proprietary information or materials disclosed to a Party or its affiliates or subcontractors by or on behalf of the other Party relating to business operations, activities, technological implementations, strategic planning, and organizational methodologies, whether communicated orally or provided in written, graphical, or electronic format.

13.2 Exclusionary Categories

Confidential Information specifically excludes information that:

  • Exists within public knowledge domains or constitutes public record at disclosure
  • Enters public knowledge through mechanisms unrelated to Terms violations
  • Can be verifiably demonstrated as having been in receiving Party's possession before disclosure
  • Is obtained from third parties maintaining lawful possession without confidentiality restrictions

13.3 Protection Requirements

Each Party commits to:

  • Implement protection standards for Confidential Information equivalent to those applied to their own sensitive information
  • Utilize Confidential Information exclusively for fulfilling obligations under these Terms
  • Refrain from claiming rights or asserting encumbrances against disclosing Party's Confidential Information
  • Immediately notify disclosing Party regarding unauthorized disclosure or Confidential Information loss

13.4 Mandated Disclosure Provisions

Receiving Party may disclose Confidential Information when required by applicable legislation or through court or governmental agency orders, provided that receiving Party provides prompt notification to disclosing Party and cooperates with efforts to secure protective orders.

14. REPRESENTATIONS AND WARRANTIES

14.1 User Affirmations

You represent and warrant that:

You possess capability and legal competence to enter into these Terms and hold full entitlement, authorization, and capacity to be bound by and adhere to the provisions established herein.

You agree to operate within the intended functional parameters of the Services without attempting to exceed designed capabilities.

You will not attempt unauthorized access to Services, networks, server infrastructure, or computational systems connected to the Services.

You will not utilize Services in any manner that could potentially damage or compromise either (i) the Services themselves or (ii) underlying technical infrastructure or security mechanisms.

You will not engage with Services in violation of applicable laws or in manners that facilitate or encourage illegal activities, including but not limited to copyright infringement or unauthorized data acquisition.

Without explicit written permission from our organization, you will refrain from exploiting intellectual property owned by us or third parties, including utilization of copyrighted content displayed on the Platform for personal benefit or third-party advantage.

You will not modify, adapt, translate, or reverse engineer any Service component, nor create derivative websites or digital properties closely resembling our Services.

You agree to promptly inform our organization if your registered telecommunication number appears in the Do Not Disturb/National Consumer Preference Register maintained by the Telecom Regulatory Authority of India ("TRAI").

You acknowledge that communications from our organization to your registered contact information do not constitute unsolicited communications.

You will avoid actions or inactions that could potentially create liability for our organization or result in service degradation from our internet service providers, operational partners, suppliers, contractors, or vendors.

15. DISCLAIMERS AND WARRANTIES

15.1 Service Provision Standards

The Platform is furnished on an "as-is" and "as-available" basis. To the maximum extent permitted under applicable legal frameworks, we expressly disclaim all representations and warranties regarding Platform uninterruption, error absence, harmful component exclusion, or that Platform delivery will occur in timely, secure, or continuous manner.

15.2 Express Warranty Limitations

We explicitly do not warrant that:

  • Your Platform utilization will satisfy your specific requirements or expectations
  • Information obtained through Platform utilization will maintain accuracy or reliability
  • Operational or functional deficiencies in provided software will receive corrective action

15.3 Liability Exclusions

Our organization bears no responsibility for errors, omissions, service interruptions, file or communication deletion, data corruption, transmission defects, viruses, operational delays, or performance failures resulting from use of any data or information connected with Platform utilization.

15.4 Technical Accessibility Constraints

Platform accessibility and functional capabilities may be restricted based on web browser configurations, mobile device specifications, and/or operating system environments. We cannot guarantee internet connectivity, including availability or performance quality. You retain responsibility for securing appropriate internet access for Service consumption.

15.5 Integration Dependency Acknowledgment

Our Service delivery relies fundamentally on the WhatsApp business application program interface. Consequently, modifications implemented by messaging platform providers may impact or potentially disrupt our Services. You acknowledge our lack of control over messaging platform service delivery and technical configuration parameters.

16. LIMITATION OF LIABILITY

16.1 Liability Exclusion

Under no circumstances shall our organization bear liability (whether arising from contract, tort, negligence, strict liability, statutory obligations, or alternative legal theories) for consequential, indirect, incidental, special, or punitive damages, business disruption, including profit loss, business interruption, opportunity cost, data compromise, goodwill diminishment, or anticipated savings deprivation, even when advised regarding damage possibility.

16.2 Maximum Liability Threshold

Our organization's maximum aggregate liability under these Terms, whether arising from contractual obligations, indemnification requirements, tortious actions, or alternative legal grounds, shall under no circumstances exceed the total Fees remitted by you to our organization during the twelve (12) month period immediately preceding the claim origination date.

16.3 Avoidable Damage Exclusion

Our organization disclaims liability for damages you could have prevented by implementing our recommended updates provided without charge, or for damages resulting from failure to accurately follow installation instructions or maintain minimum system requirements as advised by our organization.

16.4 Technical Requirements Responsibility

You bear exclusive responsibility for any mobile service charges incurred during Service utilization, including messaging fees and data consumption costs.

16.5 Third-Party Dispute Exclusion

To the maximum extent permitted under applicable law, any disputes arising between you and third parties (such as telecommunication carriers, copyright holders, or other Platform users) regarding Service utilization remain exclusively between you and such third parties. You irrevocably release our organization and affiliated entities from all claims, demands, and damages (actual and consequential) arising from or connected with such disputes.

17. INDEMNIFICATION

17.1 User Indemnification Obligation

You agree to defend, indemnify, and hold harmless (at your exclusive expense) our organization from all damages, claims, demands, legal proceedings, judgments, financial penalties, and sanctions directed against or claimed against our organization arising from or related to:

  • Platform utilization by you in violation of applicable legislation or regulatory requirements
  • Any allegation that User Data violates, infringes, or misappropriates third-party rights
  • Your Platform utilization or alternative actions/omissions violating these Terms

17.2 Organizational Indemnification Commitment

Our organization agrees to indemnify, defend, and hold you harmless from all losses, liabilities, claims, damages, demands, legal proceedings, actions, proceedings, costs, and expenses connected with or arising from third-party claims regarding Platform provision to you.

18. FORCE MAJEURE

18.1 Performance Excusal

Except regarding payment obligations and indemnification provisions under these Terms, neither you nor our organization shall bear liability for performance failures or delays resulting from Force Majeure Events.

18.2 Definition

"Force Majeure Event" encompasses any divine intervention, natural phenomenon, terrorist activity, insurrection, revolutionary action, civil disturbance, piracy, civil warfare or hostile engagement, labor disputes, public enemy actions, federal or state legislation, governmental regulations within jurisdictional authority, material/equipment/labor procurement impossibility within open markets, acute and unusual resource shortages, or any additional circumstances beyond reasonable Party control.

18.3 Extended Disruption Provision

Should one or multiple Force Majeure Events cause performance delays exceeding 15 (fifteen) consecutive calendar days regarding obligations under these Terms, the Parties shall engage in mutual discussions regarding potential Terms termination without additional liability.

19. TERMINATION

19.1 Discretionary Termination Rights

Our organization reserves the unilateral right, at our exclusive discretion, to suspend or permanently delete User accounts at any time without prior notification when such accounts are deemed inappropriate, offensive, or in violation of these Terms.

19.2 Compensation Exclusion

Account suspension or deletion shall not entitle Users to compensation, damages, or reimbursement claims. Account suspension or deletion resulting from User-attributable causes does not exempt the User from remitting applicable fees or charges.

19.3 User-Initiated Termination

You may terminate your account at any time by submitting an electronic termination request to support[at]zacx.io. Upon receiving such termination requests, our organization shall review the account status regarding outstanding Subscription Fees. Account termination shall proceed only following completion of this financial review process.

19.4 Termination Consequences

Upon termination implementation:

  • All rights and benefits granted herein shall revert to their respective Parties
  • All financial obligations accrued through termination date shall remain payable
  • Your Platform access and/or usage rights shall immediately cease
  • You must destroy all Confidential Information provided by our organization

19.5 Survival Provision

Notwithstanding any provisions contained within these Terms, all clauses which by their nature should survive termination or expiration shall maintain full force and effect following, and notwithstanding, the termination or expiration of these Terms.

20. GOVERNING LAW AND DISPUTE RESOLUTION

20.1 Legal Framework

These Terms and any disputes or claims arising from or connected with their subject matter or formation shall be governed by and interpreted according to legislative frameworks prevailing within India.

20.2 Jurisdictional Consent

You explicitly consent that the High Court of Telangana shall maintain exclusive jurisdiction regarding any dispute or claim arising from or relating to these Terms.

20.3 Resolution Methodology

Should disputes arise regarding these Terms, each Party shall undertake good-faith efforts to achieve amicable resolution through respective representatives or senior management. Should disputes remain unresolved within 30 (thirty) days following dispute notification, the matter shall be referred to arbitration before a sole arbitrator jointly appointed by both Parties, conducted in accordance with the Arbitration and Conciliation Act, 1996 and subsequent amendments.

20.4 Arbitration Parameters

Arbitration proceedings shall be conducted within Hyderabad, Telangana. All arbitration communications and documentation shall be presented in English.

21. MISCELLANEOUS

21.1 Relationship Classification

The relationship between Parties shall operate on principal-to-principal basis. Each Party functions as an independent contractor and does not constitute a legal representative, partner, or agent of the other Party.

21.2 Assignment Limitations

Our organization maintains the right to assign these Terms and/or components thereof at our discretion, at any time, to any affiliated entities, group companies, holding company, subsidiary organizations, or third parties without providing notification to you. However, you may not assign these Terms or any components thereof to any party without securing prior written authorization from our organization.

21.3 Severability Provision

Should any provision within these Terms be determined invalid or unenforceable, remaining provisions shall maintain validity and enforceability without modification.

21.4 Waiver Restrictions

No Party failure or delay in exercising rights under these Terms shall constitute rights waiver. No individual or partial right exercise shall preclude additional or complete exercise of that or alternative rights.

21.5 Agreement

These Terms, together with our Privacy Policy incorporated by reference, constitute the entire agreement between Parties regarding the subject matter.

21.6 Modification Authority

Our organization reserves the right to modify these Terms at any time. Term modifications will be published on the Platform and, when appropriate, communicated through electronic notification. Your continued Platform utilization following modification publication constitutes acceptance of such changes.

22. CONTACT INFORMATION

For communications, inquiries, or concerns regarding these Terms, please contact our organization at:

Email: support[at]zacx.io
Website: https://zacx.io
Address: 8-2-682/a Beside Ohris Restaurant, R D 12 B Hills, Banjara Hills, Hyderabad, Khairatabad, Telangana, India, 500034

By utilizing the Platform, you acknowledge having read, understood, and agree to be bound by these Terms and Conditions.