MASTER TERMS OF SERVICE & END USER LICENSE AGREEMENT

1. DEFINITIONS AND INTERPRETATION

In this Agreement, the following terms shall have the respective meanings assigned to them:

• "Applicable Law" means any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question, including but not limited to the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.
• "Confidential Information" means all non-public information disclosed by Us to You, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
• "GSTIN" means the Goods and Services Tax Identification Number issued by the Government of India.
• "GSTN" means the Goods and Services Tax Network.
• "Intellectual Property Rights" means any and all patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered.

2. LICENSE GRANT AND RESTRICTIONS

2.1 Limited License. Subject to your strict compliance with this Agreement and payment of all applicable fees, IndiaGST grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services strictly for your internal business purposes or personal use.

2.2 Strict Prohibitions. You shall not, and shall not permit any third party to: (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services; (b) circumvent any user limits or other timing, use, or functionality restrictions built into the Services; (c) sell, rent, lease, sublicense, distribute, or otherwise transfer access to the Services; (d) use the Services for any automated scraping, botting, or massive data extraction operations; (e) use the Services to build a competitive product or service; (f) attempt to gain unauthorized access to the Services or its related systems or networks; or (g) use the Services in violation of any Applicable Law.

3. DISCLAIMER OF WARRANTIES & RELIANCE ON DATA

3.1 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDIAGST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

3.2 Data Source Limitation. The data provided through the IndiaGST platform is retrieved from government APIs and third-party data aggregators (such as the GSTN). We do not independently verify the accuracy, completeness, timeliness, or validity of this data. You acknowledge that GST registration status, filing status, and other details may change rapidly, and the data provided by our Services may not reflect the absolute current reality due to caching, API delays, or government server downtimes.

3.3 No Professional Advice. Nothing contained in the Services constitutes tax, legal, financial, or accounting advice. You are solely responsible for compliance with tax laws. We strongly recommend consulting with a certified Chartered Accountant or legal professional before making any financial or tax-related decisions.

4. FINANCIAL TERMS: PREPAID WALLET, BILLING, AND REFUNDS

4.1 Prepaid Wallet System. The Services operate on a prepaid credit model. You must fund your IndiaGST Wallet to perform GSTIN searches and utilize platform features. All charges are deducted in real-time per successful API call or search query.

4.2 Strictly Non-Refundable Policy. All purchases of credits, top-ups, and subscription plans are FINAL and NON-REFUNDABLE under any circumstances, except in cases of verifiable duplicate charges resulting from a payment gateway error. By initiating a transaction, you expressly waive your right to a refund or chargeback for unused credits. Credits carry forward as long as your account remains active but hold no cash value and cannot be exchanged for fiat currency.

4.3 Taxes. All fees are exclusive of applicable statutory taxes (such as GST), which shall be added to your invoice and borne entirely by you.

5. LIMITATION OF LIABILITY AND INDEMNIFICATION

5.1 EXCLUSION OF DAMAGES. IN NO EVENT SHALL INDIAGST, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

5.2 Liability Cap. In the event that a court of competent jurisdiction finds IndiaGST liable for any damages despite the exclusions above, our total cumulative liability to you for any and all claims arising out of or relating to this Agreement shall be strictly capped at the total amount you paid to us for the specific transaction giving rise to the claim in the three (3) months preceding the event.

5.3 Indemnification. You agree to defend, indemnify, and hold harmless IndiaGST and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

6. SERVICE LEVEL, AVAILABILITY, AND FORCE MAJEURE

6.1 No SLA Guarantee. While we strive for 99.9% uptime, we provide no strict Service Level Agreement (SLA). The Services rely heavily on the availability of the Indian Government's GSTN portal. If the GSTN portal goes down, our Services will be inherently impacted. We are not liable for any downtime caused by upstream providers.

6.2 Force Majeure. IndiaGST shall not be liable for any failure or delay in performance under this Agreement due to circumstances beyond our reasonable control, including, but not limited to, acts of God, natural disasters, terrorism, riots, war, strikes, cyber-attacks, government mandates, internet service provider failures, or GSTN portal outages.

7. DATA PRIVACY AND SECURITY

Your use of the Services is also governed by our comprehensive Privacy Policy, which is incorporated by reference into this Agreement. By using the Services, you consent to the collection, use, and processing of your data as described in the Privacy Policy. You represent that any data you input into our system (e.g., GSTINs) is entered lawfully and with proper authorization.

8. TERMINATION AND SUSPENSION

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease, and all remaining wallet credits will be forfeited without refund. If you wish to terminate your account, you may simply discontinue using the Service.

9. DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW

9.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

9.2 Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator mutually appointed by both parties. The seat and venue of arbitration shall be [Insert City, e.g., Mumbai/Bengaluru], India. The language of arbitration shall be English.

9.3 Class Action Waiver. You agree that any legal proceedings shall be conducted solely on an individual basis and not as a class, consolidated, or representative action.

10. SEVERABILITY AND WAIVER

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.