Terms & Conditions

1. PARTIES

This Agreement is entered into between:

AND

The business entity subscribing to the Services ("Client", "Customer", "You", "Data Fiduciary").

2. INCORPORATION BY REFERENCE

This Agreement incorporates the following documents, which together form a single binding contract:

• Privacy Policy
• Refund & Cancellation Policy
• End User License Agreement (EULA)
• Data Processing Agreement (DPA)

In the event of any conflict, this Agreement shall prevail.

3. DEFINITIONS

4. SCOPE AND NATURE OF SERVICES

Gnanalytica provides the Services on a software-as-a-service (SaaS) subscription basis.

The Services are designed to:

• Automate workflows
• Generate analytics and insights
• Support business and operational decision-making

The Services are not intended to replace professional judgment, regulatory compliance, or independent verification.

5. ACCOUNT & GETTING STARTED

To use the Services, you will be required to create an account by providing basic information such as your name, email address, company name (if applicable), and contact details. You may also register or sign in using Google Sign-In, in which case your basic Google profile information (name, email address, and profile picture) will be used to create or link your account.

You agree that:

• The information you provide is accurate and up to date
• You will keep your login credentials secure
• You are responsible for all activities carried out under your account

Gnanalytica is not responsible for any unauthorised access resulting from your failure to maintain account security.

6. DISCOVERY CALL

Before subscribing, you may request a discovery call to learn about the Platform, discuss your business needs, and determine whether the Services are suitable for your business needs.

The discovery call:

• Is purely informational in nature
• Does not create any obligation for you to subscribe
• Does not constitute professional, legal, or financial advice

Any insights or suggestions shared during the discovery call are based on the information you provide and are meant only to help you evaluate the Services. Gnanalytica does not guarantee outcomes or results from a discovery call.

7. SUBSCRIPTION TERMS

8. AI OUTPUTS – RESPONSIBLE USE AND DISCLAIMER

The Platform utilises artificial intelligence and machine learning models to generate insights, analytics, predictions, recommendations and outputs ("AI Outputs").

The Client acknowledges and agrees that:

• AI Outputs are generated using probabilistic models and available datasets
• AI Outputs are inherently subject to technical limitations
• AI Outputs may be incomplete, inaccurate, outdated, biased, or contextually incorrect

The Platform is an assistive automation and decision-support tool only.

The Client shall:

• Independently validate all AI Outputs
• Apply professional and business judgment before implementation
• Ensure compliance with applicable laws and internal policies

Gnanalytica does not provide legal, financial, regulatory, medical or professional advice.

Gnanalytica shall not be responsible or liable for any loss, damage, liability or consequences arising from decisions taken by the Client based on AI Outputs.

9. LICENSE & PROPRIETARY RIGHTS

Gnanalytica grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes, subject to these Terms and the End User License Agreement (EULA).

The Services are licensed, not sold.

You agree not to:

• Resell, sublicense, rent, lease, or share the Services
• Reverse engineer, decompile, or attempt to extract source code
• Use the Services to build or support a competing product

All intellectual property rights in the Services remain the exclusive property of Gnanalytica or its licensors. You acquire no ownership rights in the Platform.

10. USER CONTENT

You retain ownership of any content, data, or materials you upload to the Platform. By uploading content, you grant Gnanalytica a limited license to use it solely for providing the Services. You are responsible for ensuring your content does not violate any applicable laws or third-party rights.

11. DATA RETENTION AND DELETION

Your data may be stored and processed on secure cloud servers operated by third-party infrastructure providers.

Gnanalytica shall retain Client Data only for the Subscription Term, as required by law, or as necessary for legitimate business purposes.

Upon termination, Client Data shall be deleted or anonymised within a reasonable period, unless legally required to retain. Data handling is governed by our Privacy Policy and DPA.

12. DATA PROTECTION, SECURITY & COMPLIANCE

For data protection purposes:

• You (the Client) act as the Data Fiduciary / Data Controller
• Gnanalytica acts as the Data Processor

Gnanalytica processes personal data strictly in accordance with your documented instructions, these Terms, our Data Processing Agreement (DPA) and Privacy Policy, and the Digital Personal Data Protection Act, 2023 (India) and other applicable laws.

13. INFORMATION SECURITY

Gnanalytica shall implement reasonable and appropriate technical and organisational security measures, including:

• Encryption of data in transit and at rest
• Role-based access control
• Secure cloud infrastructure
• Network security controls
• Regular vulnerability assessments

While Gnanalytica adopts industry-standard safeguards, no system is completely secure, and absolute security cannot be guaranteed.

14. ACCESS, CORRECTION AND ACCURACY

The Client is responsible for ensuring the accuracy and completeness of data submitted to the Platform.

The Client may access, correct, or request deletion of its data in accordance with the Privacy Policy and applicable law.

15. LAWFUL DISCLOSURE

Gnanalytica may disclose Client Data where required to:

• Comply with legal obligations
• Respond to lawful government requests
• Enforce legal rights
• Prevent fraud or security incidents
• Support audits, tax or regulatory filings

Such disclosures do not require further consent.

16. CONFIDENTIALITY

Both you and Gnanalytica agree to treat all non-public business, technical, and commercial information exchanged in connection with the Services as confidential. This obligation continues even after your subscription ends.

17. FEEDBACK

If you provide feedback, suggestions, ideas, or recommendations regarding the Services, you agree that Gnanalytica may use, implement, or modify the Feedback without compensation or credit owed to you.

18. COMMUNICATIONS

Gnanalytica may send transactional and service communications (account notifications, security alerts, billing, technical updates, support) which are essential and cannot be opted out of.

Subject to your consent, Gnanalytica may also send marketing communications (product updates, newsletters, event invitations, promotional offers). You may opt out at any time.

19. BUSINESS TRANSFERS

In the event of merger, acquisition, or asset sale, your data may be transferred as part of the business assets, subject to the same privacy protections.

20. CHANGES TO SERVICES & AGREEMENT

Gnanalytica may update these Terms or modify features of the Platform from time to time. We will notify you of any material changes via email or the Platform. Continued use after notification constitutes acceptance of the updated Terms.

21. CUSTOMER SUPPORT

Gnanalytica provides customer support via email, in-app chat, or other channels as made available. Response times depend on your subscription plan and the nature of the inquiry.

Support is available during business hours, Monday through Saturday, unless otherwise stated.

22. DISCLAIMER OF WARRANTIES

The Services are provided on an "as is" and "as available" basis. Gnanalytica does not guarantee that the Services will be uninterrupted or error-free, that AI-generated outputs will be accurate or complete, or that the Platform will meet all your specific business requirements.

The Platform is intended as a support tool and not as a substitute for professional judgment.

23. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Gnanalytica shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Reliance on AI-generated outputs

Gnanalytica's total liability shall not exceed the amount paid by you for the Services in the three (3) months preceding the claim.

24. INDEMNIFICATION

You agree to indemnify and hold harmless Gnanalytica from any claims, losses, or damages arising from:

• Your misuse of the Services
• Your violation of these Terms or related policies
• Your data or content
• Breach of this Agreement

25. FORCE MAJEURE

Neither Party shall be liable for failure due to events beyond reasonable control, including natural disasters, cyber incidents, government actions, or network outages.

26. DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of India.

In the event of any dispute, the Parties shall first make a genuine effort to resolve the matter amicably through good faith discussions.

If not resolved within a reasonable period, it shall be referred to and finally resolved by arbitration seated in Bangalore, Karnataka, India, in accordance with the Arbitration and Conciliation Act, 1996, as amended.

27. SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

28. WAIVER

No failure or delay by Gnanalytica in exercising any right shall constitute a waiver thereof. Any waiver must be expressly made in writing and signed by the waiving Party.

29. SURVIVAL

The termination or expiry of this Agreement shall not affect the rights, obligations, or liabilities of the Parties that have accrued prior to termination or that, by their nature, are intended to survive, including Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Dispute Resolution clauses.

30. ENTIRE AGREEMENT

This Agreement, together with the Agreement Documents, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, negotiations, representations, understandings, communications, and arrangements.

31. ELECTRONIC RECORDS AND SIGNATURES

The Parties agree that this Agreement is executed and accepted electronically and shall constitute a valid and legally binding contract under the Information Technology Act, 2000.

Acceptance of this Agreement by clicking "I Agree" or by accessing or using the Platform constitutes a valid electronic signature and evidences your intent to be legally bound by this Agreement.

32. NOTICES

All notices shall be in writing and shall be deemed duly given if sent by email to the registered email address, registered post/courier to the registered office address, or in-platform notification through the Services.

33. NO THIRD-PARTY BENEFICIARIES

This Agreement is entered into solely between the Parties and is intended for the exclusive benefit of the Parties. No third party has any right to enforce or rely upon any provision of this Agreement.