Terms of Use

TERMS OF USE - THIS AGREEMENT CONSTITUTES A BINDING CONTRACT ON YOU AND GOVERNS USE OF AND ACCESS TO THE DATASHIELD PLATFORM AND SERVICES BY YOU, AGENTS AND END-USERS WHETHER IN CONNECTION WITH A PAID OR FREE TRIAL SUBSCRIPTION TO THE SERVICES.

The reference to eMudhra includes eMudhra Limited having registered and corporate office at eMudhra Digital Campus, No 12-P1-A & 12-P1-B, Hi Tech Defence and Aerospace Park (IT sector), Jala Hobli, B.K. Palya, Bengaluru - 562149 and its subsidiaries and affiliates irrespective of jurisdiction in which they have been incorporated, in which eMudhra Limited has 20% or more voting rights.

The Site and/or Website referred in these Terms of Use includes the DataShield platform, all associated websites including mobile applications owned and operated by eMudhra Limited and/or its subsidiaries and affiliates from time to time.

By accepting this Agreement, either by accessing or using the DataShield platform, its websites, products or services (individually, "Service" and collectively, "Services"), or authorizing or permitting any Agent or End-User to access or use a Service, you agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an "Entity"), You are agreeing to this Agreement for that Entity and representing to eMudhra that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms "Subscriber," "You," "Your" or a related capitalized term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not use any of the Services.

If you are a customer and you or your organization is bound by a Master Services Agreement and/or a Product License Agreement (individually or collectively, "Agreement") with eMudhra, then these Terms will prevail only to the use of the Site or any eMudhra services to the extent such use is not already governed by such Agreement.

By accessing and using the DataShield platform and services, you accept and agree to be bound by these Terms, eMudhra's Privacy Policy and eMudhra's Cookie Policy. If you do not agree to these Terms, you should not access or use the DataShield platform. In addition, when accessing or using the Services you shall be subject to any posted guidelines or rules applicable to the Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.

We reserve the right to add to or change/modify the terms of this Agreement including but not limited to suspend/cancel, or discontinue any or all service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the platform without prior notice. The Terms of Use changed/modified from time to time will be posted on the DataShield platform for your convenience. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes. You will be deemed to have accepted such change/s if you continue to access the platform subsequent to such changes.

1. Use of the Platform

The DataShield platform is provided for lawful purposes only. You agree to use the platform solely for managing your organization's data privacy compliance programs, including but not limited to consent management, data discovery and classification, DSAR processing, remediation workflows, and governance reporting.

You shall not: (a) use the platform for any unlawful purpose; (b) attempt to gain unauthorized access to any portion of the platform; (c) interfere with or disrupt the platform or servers; (d) reverse engineer, decompile, or disassemble any part of the platform; (e) use the platform to process data in violation of applicable data protection laws.

2. Account Registration

To access the DataShield platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3. Data Processing

When you use DataShield to process personal data, you acknowledge that you are the Data Controller and eMudhra acts as a Data Processor. You are responsible for ensuring that you have the necessary legal basis for processing personal data through the platform. eMudhra will process such data only in accordance with your instructions and the applicable Data Processing Agreement.

4. Intellectual Property

The DataShield platform, including all software, content, designs, and documentation, is the intellectual property of eMudhra Limited. Your subscription grants you a limited, non-exclusive, non-transferable right to use the platform during the subscription period. You do not acquire any ownership rights in the platform.

5. Confidentiality

Each party agrees to hold the other party's confidential information in strict confidence and not to disclose it to any third party except as necessary for the performance of obligations under this Agreement. Confidential information includes, but is not limited to, platform features, pricing, technical specifications, and any data processed through the platform.

6. Service Level and Support

eMudhra will use commercially reasonable efforts to make the DataShield platform available in accordance with the service level commitments outlined in your subscription agreement. Support is provided through the channels and during the hours specified in your service plan.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMUDHRA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE DATASHIELD PLATFORM. EMUDHRA'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify and hold eMudhra harmless from any claims, damages, losses, or expenses arising from: (a) your use of the platform in violation of these Terms; (b) your processing of personal data through the platform in violation of applicable laws; (c) any breach of your representations or warranties under this Agreement.

9. Termination

Either party may terminate this Agreement upon written notice if the other party materially breaches any provision and fails to cure such breach within thirty (30) days of receiving notice. Upon termination, your right to access and use the DataShield platform will cease. eMudhra will make your data available for export for a period of thirty (30) days following termination.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts in Bengaluru, India.

11. Communications

You agree to receive electronically all communications, agreements, and notices that we provide in connection with the DataShield platform ("Communications"), including by e-mail, text, in-app notifications, or by posting them on the platform. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing and you agree to keep your account contact information updated.

12. Contact

For questions regarding these Terms of Use, please contact us at privacy@emudhra.com