Terms of Use

These Terms of Use are entered into between you (“Customer” or “you”) and 1E9 Advisors Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at FLAT NO. H-1 501, S NO 134/1 BELVEDERE, ITI ROAD, AUNDH, PUNE, Pune, Maharashtra, India, 411007 (“1E9,” “Company,” “we,” or “us”). Together with any applicable subscription order, proposal, invoice, or written agreement (collectively, the “Contract”), these Terms govern your access to and use of EnineSites, including all related infrastructure, hosting environments, software systems, features, and services (collectively, the “Platform”).

By accessing or using the Platform, you acknowledge that you have read and agree to these Terms. The Platform is available only to individuals who are eighteen years of age or older and to entities validly existing under applicable law. By using the Platform, you represent and warrant that you satisfy these requirements.

The Platform provides SaaS-based website infrastructure and hosting services. Unless expressly agreed under a separate written service level agreement signed by both parties, the Company does not provide any uptime guarantee, service level commitment, or performance warranty. The Company may modify, update, enhance, suspend, or discontinue features of the Platform at its discretion. Subscription decisions must be based solely on functionality available at the time of purchase.

Access to the Platform is subscription-based unless otherwise agreed in writing. Subscriptions do not renew automatically. Renewal requires affirmative action by the Customer prior to expiry. Failure to renew may result in suspension. 1E9 shall provide a 7-day grace period notice via the registered email before permanent deletion of Customer Data, ensuring compliance with the 'Right to Erasure' under the DPDP Act 2023.

All fees are exclusive of Goods and Services Tax and any other applicable governmental levies. Customer shall be responsible for payment of all applicable taxes other than taxes based on the Company’s net income. Fees are non-cancelable and non-refundable except as expressly provided in a separate Refund and Cancellation Policy or as required under applicable law. Late payments shall accrue interest at the rate of 1.5% per month (18% per annum) calculated on a pro-rata basis from the due date until the actual date of payment. Such interest is compensatory in nature and is without prejudice to 1E9’s right to suspend services for non-payment.

Customer may designate authorized users and remains responsible for ensuring that its authorized users comply with the Contract and for all activities conducted under its accounts. Unauthorized access to the Platform is strictly prohibited.

Customer retains ownership of all data, content, and materials submitted to or hosted on the Platform (“Customer Data”). Customer grants the Company a limited, non-exclusive, worldwide license to access, use, process, host, store, transmit, and display Customer Data solely as necessary to provide and maintain the Platform, ensure security and operational integrity, comply with applicable law, and conduct internal analytics, monitoring, and service improvement.

For personal data collected through websites hosted on the Platform, Customer acts as the Data Fiduciary under the Digital Personal Data Protection Act, 2023. The Company acts as a Data Processor for hosting and infrastructure functions and may act as an independent Data Fiduciary for identifiable usage and behavioral analytics conducted for internal service improvement, security monitoring, fraud prevention, and product optimization. Customer represents and warrants that it has obtained all legally required notices and valid consents from website visitors and end users, including disclosure that 1E9 Advisors Private Limited may process identifiable usage data for internal analytics purposes. The Company shall not sell personal data and shall not use such data for cross-customer profiling or external marketing. The Company will implement reasonable technical and organizational safeguards in accordance with applicable law. Customer agrees to defend and indemnify the Company against claims arising from Customer’s failure to obtain valid end-user consent or comply with applicable data protection law.

Customer shall not host, transmit, or publish any content that violates applicable law, is defamatory, obscene, fraudulent, unlawful, infringes intellectual property rights, promotes illegal activity, or contains malware or harmful code. The Company may suspend, restrict, or disable access without prior notice where it reasonably determines that continued access presents legal, regulatory, reputational, financial, or security risk.

All intellectual property in the Platform, excluding Customer Data, is owned by the Company or its licensors. Customer receives a limited, non-exclusive, non-transferable license to access and use the Platform in accordance with these Terms. No rights are granted except as expressly stated.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED SERVICE, AND ERROR-FREE OPERATION. Nothing in these Terms excludes statutory rights that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE CONTRACT OR THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE CONTRACT OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to liabilities that cannot be limited under applicable law.

Customer shall defend, indemnify, and hold harmless the Company and its officers, directors, employees, and affiliates from and against any third-party claims, losses, damages, penalties, or expenses arising out of or relating to Customer’s use of the Platform, Customer Data, violation of applicable law, or breach of these Terms. Customer’s defense and indemnity obligations specifically extend to any third-party claims alleging that content hosted on the Platform infringes intellectual property rights, violates the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, or contains defamatory material. The Company shall provide prompt notice of any such claim and reasonable cooperation at Customer’s expense.

Either party may terminate a subscription for material breach not cured within thirty days of written notice. The Company may suspend or terminate access immediately if use of the Platform violates law or creates material legal, regulatory, or security risk. Upon termination, access may be revoked and Customer Data may be deleted after thirty days unless retention is required by law.

Each party shall protect confidential information disclosed in connection with the Contract and use such information solely for performance under the Contract. Confidentiality obligations survive termination for two years.

Customer grants the Company the right to use Customer’s name and logo in marketing materials unless Customer provides written objection.

The Company shall not be liable for delay or failure resulting from causes beyond its reasonable control, including natural disasters, governmental actions, labor disputes, internet or telecommunications failures, or third-party service disruptions.

The Company may modify these Terms upon reasonable notice. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

The Contract shall be governed by the laws of India. Any dispute arising out of or relating to the Contract shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, Maharashtra. The arbitration shall be conducted by a sole arbitrator appointed in accordance with applicable law. The language of arbitration shall be English. Nothing in this clause prevents either party from seeking interim or injunctive relief from courts of competent jurisdiction. Subject to the arbitration clause above, courts at Mumbai and Pune, Maharashtra shall have jurisdiction for purposes of interim relief and enforcement.

Provisions relating to intellectual property, confidentiality, limitation of liability, indemnification, data protection, dispute resolution, and any provisions which by their nature should survive shall survive termination.

Notices to the Company shall be sent to legal@eninesites.com. Notices to Customer shall be sent to the email address associated with the Customer account.

These Terms constitute the entire agreement relating to the Platform and supersede prior understandings, whether oral or written.