Terms of Service

1. Acceptance of Terms

By accessing or using the ClearConsent platform, website (clearconsent.in), or any related services ("Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Services. These Terms constitute a legally binding agreement between you and ClearConsent DataSec Pvt. Ltd. ("ClearConsent", "we", "us", "our"), a company incorporated under the Companies Act, 2013 and registered in India.

2. Description of Services

ClearConsent provides an AI-assisted software-as-a-service (SaaS) platform to help organisations comply with the Digital Personal Data Protection Act, 2023 ("DPDPA") and related rules and regulations. Services include, but are not limited to:

• Consent management and notice deployment
• Data discovery and mapping (RoPA)
• Data Principal rights management portal
• DPIA automation
• Breach notification workflows
• Partner enablement and training

Service features may change over time. We will notify existing customers of material changes with reasonable notice.

3. Eligibility & Account Registration

• You must be at least 18 years of age to use the Services.
• If you register on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately at support@clearconsent.in of any suspected unauthorised access.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Transmit malware, viruses, or any code of a destructive nature
• Attempt to reverse-engineer, decompile, or extract the source code of the platform
• Scrape, data-mine, or systematically extract data from the platform
• Resell or sublicense the Services without our prior written consent
• Use the Services to process personal data of persons under 18 without verifiable parental consent
• Misrepresent your identity or affiliation
• Interfere with the security, integrity, or availability of the Services

5. Intellectual Property

All content, software, designs, algorithms, and methodologies on the ClearConsent platform are the exclusive property of ClearConsent DataSec Pvt. Ltd. and are protected under Indian and international intellectual property laws. Nothing in these Terms grants you any ownership in the platform or its underlying technology. Your licence to use the Services is personal, non-exclusive, non-transferable, and revocable.

Your data and content uploaded to the platform remain your property. By uploading content, you grant ClearConsent a limited licence to process it solely for the purpose of providing the Services.

6. DPDPA Compliance & Data Processing

You acknowledge that:

• ClearConsent acts as a Data Processor under DPDPA 2023 when processing personal data on your behalf
• You are the Data Fiduciary responsible for lawful collection and obtaining valid consent from your Data Principals
• You will not use the platform to process personal data for purposes that violate the DPDPA or any other applicable law
• ClearConsent will process your data only as instructed and in accordance with our Data Processing Agreement (DPA), available on request

A Data Processing Agreement is required for customers using the platform to process personal data. Contact legal@clearconsent.in to obtain a DPA.

7. Service Availability & SLA

We aim for 99.5% uptime, excluding scheduled maintenance. We will provide at least 24 hours' notice for planned maintenance windows. We are not liable for downtime caused by events outside our reasonable control (force majeure), including internet outages, acts of government, or infrastructure provider failures.

8. Fees & Payment

• Pricing is as agreed in your subscription order or proposal
• Fees are billed in advance on a monthly or annual basis
• All prices are exclusive of applicable taxes (GST, etc.)
• Unpaid invoices beyond 30 days may result in service suspension
• No refunds on annual subscriptions unless otherwise agreed in writing

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARCONSENT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

To the maximum extent permitted by law, ClearConsent's total aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you in the 3 months preceding the claim. ClearConsent shall not be liable for indirect, incidental, consequential, or punitive damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless ClearConsent and its officers, directors, employees, and agents from any claims, liabilities, damages, or costs (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your use of the Services; (c) your violation of any applicable law or third-party rights; or (d) your processing of personal data in violation of the DPDPA.

12. Termination

Either party may terminate the agreement on 30 days' written notice. ClearConsent may terminate immediately for material breach (including non-payment or violation of the Acceptable Use Policy). Upon termination, your access ceases and we will delete or return your data as agreed in the DPA, within 30 days.

13. Governing Law & Jurisdiction

These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.

14. Dispute Resolution

Before initiating any legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days. If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Mumbai.

15. Modifications

We may modify these Terms at any time. We will provide 14 days' notice for material changes via email or platform notification. Continued use after the effective date of modified Terms constitutes acceptance.

16. Contact

For questions about these Terms: