Terms of Service for BytesWrite

As a customer of BytesWrite, you are expected to use the Services responsibly and in compliance with all applicable legal, ethical, and contractual obligations. It is your duty to ensure that your use of the Services and any data submitted does not infringe upon third-party rights or violate applicable laws you agree to:

You represent and warrant that all Customer Data submitted through the Services is accurate and free of malicious content. You are responsible for ensuring that you have the legal right to upload or process the data and that it complies with applicable data protection and cybersecurity standards.

To access and use the Services effectively, it is your responsibility to ensure that your hardware, software, and internet connectivity meet the minimum technical requirements as outlined in our official Documentation.

• Comply with all applicable laws and regulations.
• Ensure that Customer Data does not violate any third-party rights.
• Maintain appropriate security measures when accessing the Services.
• Use the Services solely for lawful purposes.

• Customer Data is accurate, complete, and current.
• You have the legal right to submit Customer Data to the Services.
• Customer Data does not contain viruses or malicious code.
• You will not use the Services to store or transmit illegal content.

• Provide and maintain compatible hardware and software.
• Maintain reliable internet connectivity.
• Ensure your systems meet the minimum requirements specified in the Documentation.

You agree to pay all fees as outlined in the applicable Order Form. Unless otherwise specified, all fees are non-refundable, exclusive of applicable taxes, and payable in the currency indicated in the Order Form.

All subscription fees are payable in advance. Payment is due within thirty (30) days of the invoice date unless otherwise stated. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law. BytesWrite reserves the right to suspend Services for non-payment following fifteen (15) days’ prior written notice.

BytesWrite may revise its fees for renewal terms by providing at least sixty (60) days’ prior written notice. Any increase in fees during an active Subscription Term will require your prior written consent.

• Subscription Fees are charged in advance for each term, based on the number of users, modules, or a flat fee as specified in your Order Form.
• Implementation Fees (including setup, configuration, data migration, and custom development) are invoiced upon milestone completion.
• Training and Support Fees, if applicable, are invoiced upon service delivery.
• All fees are exclusive of taxes, duties, and other governmental charges, which are the customer's responsibility.
• Fees are generally non‑refundable and non‑cancellable, unless explicitly stated otherwise in these Terms.

• Invoicing Schedule: Subscription Fees are invoiced at the start of each Subscription Term; other professional services are invoiced upon milestone completion or delivery date.
• Due Date: All invoices are due within thirty (30) days of the invoice date, unless otherwise stated in the Order Form.
• Late Payments: Unpaid amounts will incur interest at 1.5% per month or the maximum rate permitted by law, calculated daily.
• Service Suspension: If any undisputed payment is more than fifteen (15) days past due, we may suspend access to the Services after providing ten (10) days’ written notice.
• Collection Costs: You agree to reimburse us for reasonable costs incurred in collecting overdue amounts, including collection agency fees and attorneys’ fees.

• Renewal Adjustments: We may modify Subscription Fees for any renewal term by providing at least sixty (60) days’ prior written notice before the end of the current term.
• Consent Requirement: Fee increases during an active term will only be implemented with your express written agreement.
• Documentation: All fee changes will be reflected in an amended or new Order Form. In the absence of such documentation, existing fees remain unchanged.

• We process Personal Data in accordance with our Privacy Policy, India’s Digital Personal Data Protection Act (2023), the EU GDPR where applicable, and other relevant data protection laws.
• We implement appropriate technical and organizational measures to safeguard Customer Data from unauthorized access, disclosure, alteration, or destruction.
• Customer Data is primarily stored in India but may be transferred to other jurisdictions as needed to deliver the Services, subject to adequate legal safeguards.
• Customer Data is retained for the duration of the Subscription Term and up to 90 days thereafter, unless longer retention is legally required.
• For customers under GDPR or similar laws, we support data subject rights such as access, correction, deletion, and portability, as outlined in our Data Processing Addendum.
• For customers under GDPR or similar laws, we support data subject rights such as access, correction, deletion, and portability, as outlined in our Data Processing Addendum.

We use industry-standard technical and organizational safeguards to protect Customer Data from unauthorized access, disclosure, tampering, or destruction.

Customer Data is primarily stored on servers located in India. Data may be transferred across jurisdictions if required to provide the Services, with adequate legal and security safeguards in place.

Data Retention Customer Data is retained for the active Subscription Term and up to 90 days post-termination, unless legal or regulatory obligations require a longer retention period.

For customers covered by GDPR or similar data protection laws, we provide assistance with data subject access, rectification, erasure, or portability requests, as outlined in our Data Processing Addendum.

Confidential Information means any non-public information disclosed by one party to the other, including but not limited to technical data, business plans, and customer information.

• Each party agrees to:
• Maintain the strict confidentiality of all Confidential Information shared under this Agreement.
• Use Confidential Information solely for the explicit purposes defined in this Agreement.
• Do not disclose any Confidential Information to third parties without prior written consent.
• Immediately return or securely destroy all Confidential Information upon termination of the Agreement.

• Confidential Information does not include information that:
• is or becomes publicly available through no breach of these Terms.
• was known prior to disclosure without any obligation of confidentiality.
• is independently developed without use of Confidential Information.

The agreement begins on the Effective Date and continues until terminated. Each subscription’s duration is defined in its respective Order Form.

Either party can terminate the Agreement or any Order Form by giving 30 days' prior written notice at the end of the active Subscription Term.

Either party can terminate the Agreement or any Order Form by giving 30 days' prior written notice at the end of the active Subscription Term.

• Immediate termination by either party is permitted if the other:
• Materially breaches the Terms and fails to resolve the issue within 30 days
• Becomes insolvent or files for bankruptcy
• Engages in illegal activities

• Once terminated:
• Access to Services is revoked
• You may export Customer Data for up to 90 days
• Any outstanding payments must be fulfilled
• Confidentiality commitments remain in force

• Each party has the authority to enter into this Agreement
• This Agreement is legally binding and enforceable
• Performance under this Agreement will not violate applicable laws

We warrant that the Services will perform materially in accordance with the Documentation. Your sole remedy for breach of this warranty is our efforts to correct the non-conformance.

Either party can terminate the Agreement or any Order Form by giving 30 days' prior written notice at the end of the active Subscription Term

• Immediate termination by either party is permitted if the other:
• Materially breaches the Terms and fails to resolve the issue within 30 days
• Becomes insolvent or files for bankruptcy
• Engages in illegal activities

• Once terminated:
• Access to Services is revoked
• You may export Customer Data for up to 90 days
• Any outstanding payments must be fulfilled
• Confidentiality commitments remain in force

• You promptly notify BytesWrite of the claim.
• You cooperate fully in the defense process.
• You allow BytesWrite to control the defense and settlement of the claim, provided it does not admit fault on your behalf or impose obligations without your consent.

• Your use of the Services in violation of these Terms.
• Your Customer Data, including its content and legality.
• Your breach of applicable laws or regulations.

• This Agreement is governed by Indian law, including:
• Information Technology Act, 2000
• Digital Personal Data Protection Act, 2023
• Copyright Act, 1957
• Companies Act, 2013

You agree to comply with all applicable export control laws and regulations. You shall not export, re-export, or transfer the Services to prohibited countries or entities.

We may modify the Services as necessary to comply with applicable laws and regulations. We will provide reasonable notice of such changes.

These Terms are governed by the laws of India without regard to conflict of law principles.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Delhi, India.

For disputes involving amounts exceeding INR 10,00,000, either party may elect to resolve the dispute through binding arbitration under the Arbitration and Conciliation Act, 1996.

These Terms, together with any Order Forms and incorporated documents, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

We may update these Terms from time to time. We will provide notice of material changes at least 30 days in advance. Continued use of the Services after changes become effective constitutes acceptance.

You may not assign this Agreement without our prior written consent. We may assign this Agreement to any Affiliate or in connection with a merger, acquisition, or sale of assets.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No waiver of any provision of these Terms shall be deemed or constitute a waiver of any other provision. Any waiver must be in writing and signed by the waiving party.

All notices must be in writing and delivered to the addresses specified in the Order Form or as otherwise provided in these Terms.

The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.