CLM – Terms of Service

Date of last revision: June 14, 2024

IN ACCEPTING THE TERMS OF THE ORDER FORM AND THESE TERMS OR ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ARE USING OR ACCESSING THE SERVICE ON BEHALF OF A CORPORATION, PROPRIETORSHIP, PARTNERSHIP OR ANY OTHER ENTITY/ORGANISATION AS AN EMPLOYEE, AGENT, OR CONTRACTOR, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ACCEPT THESE TERMS ON BEHALF OF SUCH ENTITY/ORGANISATION AND TO BIND IT TO THE TERMS CONTAINED HEREIN.

These Terms of Service (“Terms“) are entered into by and between HyperVerge Technologies Private Limited (“HyperVerge“, “we“, “our“, “us“) and the entity/organisation named as ‘Client’ in the Order Form (“Client“, “your“, “yours“). HyperVerge provides Services rendered through the Platform. These Terms govern your interaction with, access to and use of the Services which you shall be legally bound by and adhere to at all times. In the event that you do not agree with the Terms, as may be amended from time to time, we request you to kindly discontinue your use and access of our Services immediately. Any updates, modifications, revisions or amendments to the Terms shall be published herein from time to time. The version of the Terms applicable on your date of execution of Order Form; will govern your use and interaction with our Services. The most updated version of the Terms, as published from time to time, applicable on date of renewal of subscription will govern your use and interaction with our Services from the date of renewal. Your continued use of our Services upon renewal, on the publication of the amended Terms, signify your deemed consent to the updated terms without requiring any further consent to be specifically obtained.

1. Definitions

  1. “Applicable Law(s)” shall mean any applicable statute, enactments, acts of legislature, laws, regulation, circular, ordinance, rule, judgment, notification, directions, rule of common law, order, decree, bye-law, government approval, directive, guideline or any form of decision of, or determination by, or any interpretation, policy or administration, having the force of law, by any national, state or local agency, ministry, public official, court or other governmental organization, each as applicable to the relevant Party for performance of any obligations of the Parties’, and applicable to the respective Party as per the jurisdiction where Services are provided.
  2. “Confidential Information” means any non-public information disclosed by the Disclosing Party to the Receiving Party in connection with the Services, either directly or indirectly, in writing, orally, visual or by inspection of tangible objects (including, without limitation, documents, financial information, client lists, sample code, potential client lists, client strategies, personally identifiable information, pricing, business processes, APIs, software, algorithms prototypes, and samples), and such information designated by the Disclosing Party as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential by the Receiving Party. Information communicated orally shall be considered Confidential Information if indicated as such during disclosure or if such information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. Confidential Information will not, however, include any information which the Receiving Party can demonstrate with adequate evidence was information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party; (b) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party, through no action or inaction of the Receiving Party; (c) is already in the possession or comes into the possession of the Receiving Party where such possession is not the result of a breach of confidentiality by the Receiving Party or the third party providing such information to the Receiving Party; (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information, or (e) is required by law to be disclosed by the Receiving Party to any authority provided that the Receiving Party shall provide prior notice to the Disclosing Party before any such disclosure required under law except if prohibited from doing so by the legal or administrative process.
  3. “Disclosing Party” means the Party disclosing its Confidential Information to the Receiving Party.
  4. “Harmful Code” means any software, hardware or other technologies, devices or means designed to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede the Services, including any virus, bug, Trojan horse, worm, backdoor or other malicious computer code and any time-bomb or drop dead-device.
  5. “Intellectual Property” means all worldwide rights in intellectual property including in trade names, trade name rights, trademarks, service marks, trademark rights, logos, trade dress, internet domain names, URLs, identifying symbols, logos, emblems, signs or insignia, including all goodwill associated with such marks; licenses, patents, patent applications, any reissues, re-examinations, divisionals, continuations, continuations-in-part and extensions thereof, patent rights, inventions (whether or not patentable), trade secrets, customer lists, databases, copyrights (including registrations and applications therefor), works made for hire, works of authorship, moral rights, technology, computer software in source and object code and related algorithms, models and methodologies and all other tangible embodiments thereof, documentation, know-how, processes, specifications, data and lab test results, formulas, projects in development, computer software, computer software modifications, enhancements and computer software derivative works, concepts, ideas, trade secrets, technical data and other proprietary non-public information and all other intellectual property and proprietary rights and rights of similar nature, of any kind or nature and however designated under any applicable law anywhere in the world and all derivatives thereof. The term “Intellectual Property Rights” shall be construed accordingly and shall mean and include any and all rights, benefits, title or interest in or to any Intellectual Property, anywhere in the world (whether registered or not and including all applications for the same).
  6. “Order Form” means the order form referencing these Terms and executed by the Client and HyperVerge which contains the applicable terms and conditions governing the Services.
  7. “Platform” means the ‘HyperStart’ contract management platform made available by HyperVerge to the Client pursuant to the Order Form and these Terms.
  8. “Privacy Policy” means the privacy policy hosted at privacy-policy
  9. “Receiving Party” means the Party receiving Confidential Information from the Disclosing Party.
  10. “Services” means the artificial intelligence-based contract lifecycle management services provided in accordance with the Order Form and includes your access to the Platform and the Website.
  11. “SLA” means the meaning ascribed to such term in the Order Form.
  12. “Website” means the website hosted at https://www.hyperstart.com/

2. Representations, Warranties and Covenants

  1. Client:

    In your use and access of our Services/ Website /Platform, you represent and warrant the following to us that:

    1. Any information shared by you at the time of onboarding and creation of your account with us and during your continued use of the same shall at all times be complete, true and accurate and you shall not provide any falsified information or misrepresent any such information.
    2. You have the necessary right, titles and permissions to publish the content shared by you and the same is not violative of any third party’s rights, including but not limited to third party’s right to privacy, any contractual obligations, infringement of third party’s intellectual property rights etc.
    3. You covenant to comply with the Applicable Laws and these Terms.
    4. You shall not post any content that is unlawful. In the event any content posted by you violates any of these Terms, we will remove the same on notifying you. We may also choose to revoke your access to our services and close your account for any violation of these Terms.
    5. You shall not in any manner attempt to or actually insert any Harmful Code that may be capable of distorting, modifying, disable, hacking, harming any part or whole of the Services/ Website /Platform in any manner whatsoever.
    6. You shall not download, modify, adapt, copy, distribute, publish without the prior written permission, any content belonging to or published by HyperVerge on its Services/ Website /CLM Platform.
    7. You shall not data scrape, web-crawl, data mine, parse the data published and form a part of the Services/ Website /Platform using any technological/manual method for any purpose whatsoever. You shall not reverse engineer, decompile, disassemble, create derivative works of, frame, mirror, interfere with the proper workings of the Services/ Website /Platform.
    8. You shall not use the services for any commercialisation/monetization purposes or for reselling the same. Access and use of the Services rendered by HyperVerge to Client shall be used solely for the internal purposes of contract lifecycle management of the Client’s organization or entity and shall not be used for any other purpose or entity that has not been expressly authorized by HyperVerge.
    9. You shall not use service results to train or create an AI model/processes/products or services which are competitive or similar to HyperVerge’s AI model/process/product/services either for its internal consumption or for commercialization.
    10. You have attained the age of majority and are authorised under applicable law to execute the Order Form and accept these Terms on behalf of the Client.

  2. HyperVerge

    1. HyperVerge covenants to comply with the Applicable Laws for providing Services to you.
    2. HyperVerge covenants that it shall not in any manner attempt to or actually insert any Harmful Code in your systems that may be capable of distorting, modifying, disable, hacking, harming any part or whole of your systems.
    3. HyperVerge covenants to provide Services in a professional and commercially reasonable manner in accordance with these Terms and the Order Form.
    4. HyperVerge represents that these Terms and the Order Form shall be binding on HyperVerge.
    5. HyperVerge covenants that it shall be bound by the provisions of the SLA.
    6. HyperVerge covenants that it shall have robust data privacy and security systems in place throughout the Term to ensure confidentiality and security of your data, including information security standards as per industry standard practices such as ISO 27001.
    7. HyperVerge shall ensure continuity of Services in accordance with these Terms Potentially and have adequate business continuity plans and disaster recovery process in place throughout the Term.

3. Fees, Term & Termination

  1. The subscription to the Services shall be active from the ‘Subscription Start Date’ documented in the Order Form and shall be in full force and effect for the duration mentioned in the Order Form, unless terminated in accordance with these Terms (the “Term”). The Order Form shall be auto-renewed for successive intervals of 1 year, unless otherwise expressly cancelled by you in accordance with the Order Form.
  2. Continued provision of Services and access to the Client’s CLM Account is subject to the successful payment of the fees as referenced in the Order Form.
  3. All Services shall be automatically withdrawn and terminated and the license to access the Services cease at the expiration or termination of the Order Form and these Terms.
  4. Either party may terminate these Terms and the Order Form if the other party materially breaches these Terms and fails to cure such breach within 15 days following written notice of the breach from the non-breaching party.
  5. All fees are non-refundable and shall be payable by the Client by bank/wire transfer to the bank account specified in the Order Form.
  6. E-signature and stamping: Payment for stamping and electronic signature must be made in advance by loading the digital wallet with the designated amount. Online wallet top-ups are permitted, with a 2-day processing time for the balance to be updated. E-signature and stamping features will be inaccessible if the wallet balance reaches zero.
  7. HyperVerge reserves the right to revise fees, including on account of changes in rates by the UIDAI, service providers, or any government or regulatory changes. Other than the annual automatic increase of pricing, revision of the prices shall be notified to you by email or through service. Your continued use of the Services following such notification constitutes your acceptance of any new or increased charges.

4. Obligations

  1. The Client will be responsible to obtain consents applicable as required by applicable law to enable HyperVerge to use, share, store, and process the information, including personal information, provided by the Client as part of the provision of Services by HyperVerge. By uploading any information in using the Services, the Client shall be deemed to be representing and warranting that it has obtained all such necessary rights and consents to enable HyperVerge to use, share, store, and process Client in accordance with the terms of these Terms to provide Services.
  2. Client shall be solely responsible to ensure that all its personnel comply with these Terms. Client acknowledges and understands that the quality of the output of the Services are dependent on the accuracy, quality, integrity, reliability, and appropriateness of the information and documents uploaded by the Client.
  3. Client and its personnel will not remove, alter, cover, or obfuscate any copyright notices or other proprietary-rights notices placed on or embedded in the Website/Platform.
  4. You are solely and wholly responsible for any content in any form or media including text, audio, video, images or any other form uploaded from your account or published pursuant to your access to the Services/Platform and Website.

5. Confidentiality

  1. Receiving Party shall keep the Confidential Information received during the course of the Service or otherwise concerning the business, property, contracts, trade secrets, materials or affairs, in whatever form, of the Disclosing Party as strictly confidential and shall not disclose it to third parties without Disclosing Party’s prior written consent, provided that the Receiving Party shall be permitted without further consents to disclose the Confidential Information to its employees, officers, consultants, auditors, legal advisors and sub-contractors on a need to know basis for the purpose of provision of Services.
  2. Without limiting the foregoing, each Party shall take at least those measures that it takes to protect its own most highly confidential information, which shall in any event be no less than reasonable care, and shall ensure that its representatives, agents, consultants, sub-contractors who have access to Confidential Information of the other Party have signed a nondisclosure terms in content similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees.
  3. The Receiving Party agrees that all acts and omissions by its representative in relation to the Confidential Information are deemed to be acts and or omissions of the Receiving Party and accordingly the Receiving Party is liable for the same.
  4. Upon termination/ expiration of this Agreement and receipt of written request from the Disclosing Party, the Receiving Party shall purge all Confidential Information in its possession.
  5. This Clause shall survive for a period of 3 (three) years from expiration or the termination of the Order Form or these Terms.
  6. Nothing in these Terms grants the Receiving Party any right, title or interest in or to any of the Confidential Information, except as provided in these Terms.

6. Control of the Services

The method and means of providing the Services shall be under our exclusive control, management and supervision. HyperVerge may at any time modify or upgrade the Services, Website, Platform, provided that any such modifications or upgrades shall not materially change the nature of Services or lead to a degradation of the Services.

7. Password Security

You hereby agree and acknowledge that the login details to your account are confidential and you have the responsibility to ensure its secrecy and non-disclosure to any third parties. You agree to be fully personally responsible for any and all activity carried out from your account. You shall not permit any third parties access to or usage of any Services/Website/Platform through your account. In the event that any breach of your account credentials takes place, or you suspect any unauthorized third party access to the same, you shall immediately notify us in writing along with the relevant details to [email protected].

8. Intellectual Property

  1. The Intellectual Property rights over your Confidential Information and your existing Intellectual Property, including the documents processed by you through the Platform, shall at all times remain vested with you and HyperVerge shall not claim any right or ownership in relation to the same.
  2. All intellectual property contained in respect of the Service, Platform and Website shall be solely owned by HyperVerge and its licensors. Nothing contained herein shall amount to transfer of ownership, right, title or interest to you, in any part or whole of the intellectual property embodied and contained in, or created pursuant to the Services being rendered or in the Services/Platform and Website except for the specific license as expressly permitted hereunder.
  3. During the Term , as a bonafide user abiding by these Terms and payment of fees (as indicated in the Order Form), you are granted a limited, non-assignable, non-transferable, conditional, revocable right to access the Services/Platform and Website within the Client’s organisation for the purposes intended and expressly permitted.
  4. You provide to HyperVerge the permission to collect, store, process and transmit your Confidential Information and personal information (as provided by you) as may be necessary to render the Services to you and enable you continued access and use of the Website and Platform.
  5. All Intellectual Property and Intellectual Property Rights owned by us or our third-party vendors prior to your accepting these Terms shall solely vest with us or the third-party vendors, as the case may be, including any Intellectual Property developed by us, including any template documents, during the provision of Services.

9. Information Security Protocols and Compliances

  1. HyperVerge is an ISO 27001:2013 certified organisation with a keen focus on ensuring information security and privacy of user data. We implement information security standards and protocols in accordance with generally accepted industry standards and as stipulated under the Applicable Laws as amended from time to time. This includes appropriate encryption and firewalls to protect the safety and security of your data.
  2. All data collected and received from you shall be processed by HyperVerge in its capacity as a data processor and all data shall be collected, processed and transmitted in connection with the Services/Platform and Website in accordance with our Privacy Policy.
  3. HyperVerge shall be permitted to collect, store, analyse and use data, on an aggregated and anonymised basis, related to your use of the Services, for:
    1. Usage Tracking and Service Improvement: To monitor usage patterns to identify areas of improvement, including Platform development, to serve you better;
    2. Performance Monitoring: To track Platform’s performance, including benchmarking, for reliability and stability;
    3. Marketing and Sales: Producing anonymised insights for marketing without identifying you;

It is hereby clarified that data used for the aforementioned purposes shall be aggregated and anonymised to ensure that no personal information or specific reference to you is disclosed keeping in mind your privacy and confidentiality.

10. Indemnity

  1. HyperVerge expressly agrees to indemnify from any and all direct, actual and proven claims, losses, damages, suits, expenses (including reasonable legal costs), fees, settlements, proceedings, liability, demands by third parties arising out of/suffered in connection with HyperVerge’s (a) breach of Applicable Laws (b) infringement of third party Intellectual Property (c) gross negligence and fraud (d) breach of confidentiality obligations contained herein.
  2. You hereby expressly agree to indemnify and defend HyperVerge, its officers, directors, employees, from any and all claims, losses, damages, suits, expenses (including reasonable legal costs), fees, settlements, proceedings, liability, demands arising out of/suffered in connection with a) your acts and omissions/conduct with respect to the Services/Platform, b) your violation of any applicable laws, c) violation or infringement of Intellectual Property or d) gross negligence or fraud.
  3. In the event a Party claims a right to indemnification (“Indemnified Party”), such Party shall promptly give written notice of the claim to the other (“Indemnifying Party”) as soon as practicable; at the Indemnifying Party’s request and expense, permit Indemnifying Party to handle all negotiations for settlement and to control and direct any litigation that may follow and provide all reasonable assistance to Indemnifying Party (at Indemnifying Party’s cost) in the handling of any negotiations and litigation. If there is any damage or loss caused or cost incurred by the Indemnified Party is exacerbated as a result of delay in or failure to notify the Indemnifying Party in accordance with this clause, the Indemnifying Party will not be liable for such exacerbated damages, loss and/or costs. The Indemnified Party must take reasonable steps to mitigate any loss, damage or expense it sustains or incurs and that arises from, or in connection with, the claim in respect of which it claims indemnity. The obligations of the Parties in this Clause 10 constitute the entire liability of the Indemnifying Party and exclusive remedy of the Indemnified Party with respect to indemnity events stated therein.

11. Limitation of Liability and Disclaimer of Warranties

  1. DISCLAIMER OF WARRANTIES: ALL SERVICES/PLATFORM AND WEBSITE ARE RENDERED PURELY ON AN AS IS WHERE IS BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN OR TO THE EXTENT PROHIBITED BY APPLICABLE LAW, HYPERVERGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, UNINTERRUPTED/ERROR-FREE USE OF SERVICES, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY OF SERVICES, IMPLIED, EXPRESS, STATUTORY OR REPRESENTATIONS AND WARRANTIES OF ANY OTHER KIND OR OF ANY OTHER DESCRIPTION WHATSOEVER.
  2. DISCLAIMER OF INDIRECT LOSSES: IN NO EVENT SHALL EITHER PARTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, TANGIBLE OR INTANGIBLE LOSS, LOSS OF PROFITS, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, GOODWILL, REPUTATION, LOSS OF DATA ARISING OUT OF THE USE OF THE SERVICES, CONDUCT OF OTHER MEMBERS, UNAUTHORISED USE, ACCESS, DISSEMINATION OF CONTENT OR DATA BY ANY USER OR THIRD PARTY, EVEN IF THE CONCERNED PARTY HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR CLAIMS.
  3. LIABILITY CAP: OTHER THAN FOR BREACH OF APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY UNDER THESE TERMS BE GREATER THAN SUBSCRIPTION FEES PAID BY THE CLIENT UNDER THE ORDER FORM IN THE PRECEDING 6 (SIX) MONTHS, IRRESPECTIVE OF THE CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND HYPERVERGE WOULD NOT ENTER INTO THE ORDER FORM WITHOUT SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.
  4. Services are in the nature of technology enablement for contract lifecycle management and shall not in any manner be deemed to constitute legal advice. HyperVerge expressly disclaims any liability/responsibility with respect to the content posted on the Services/Platform and Website by you or your conduct on the Services/Platform and Website.

12. Governing Law and Dispute Resolution

For any dispute, disagreement, controversy, claim arising out of the Services/Platform and Website against HyperVerge, we request you to raise the same in writing with the relevant details at to [email protected] and [email protected] and we shall work towards resolving the same within a reasonable period of time. The Services/Platform and your relationship with us shall be governed exclusively by the laws of the Republic of India. In the event that such dispute, disagreement, controversy, claim has not been resolved internally within a period of 90 days from the commencement of such dispute, the parties agree and acknowledge that they shall resort exclusively to arbitration as the mode of dispute resolution. The arbitration proceedings shall be carried out by a sole arbitrator mutually appointed by the parties and governed in accordance with the Indian Arbitration and Conciliation Act, 1996. English shall be the sole language of arbitration. The seat and venue for arbitration shall be Bangalore. The arbitral award shall be final and binding on the parties.

13. Correspondance

You hereby give us express permission to send you email notifications, updates and newsletters on the website and applications, through SMSs, emails and other modes of communication as may be applicable. All information collected from you with respect to your account and your continued use and access to our services shall be stored, processed, used and transferred in accordance with our Privacy Policy.

14. Anti-Corruption

Neither HyperVerge nor Client has or shall directly or indirectly, offer, promise, give, authorize, solicit, or accept any undue advantage, bribe, kickback, or any other form of improper payment or benefit to or from any individual, including but not limited to government officials, employees, or representatives of any private or public organization, with the purpose of influencing their actions, decisions, entering into this engagement, obtaining or retaining business or any improper advantage.

15. Waiver

Any rights under these Terms may be waived off by the respective Party. No waiver of any term or condition of these Terms, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of these Terms on any future occasion. Further, a waiver of any breach of any provision of these Terms shall not constitute a waiver.

16. Assignment

These Terms or the Order Form are not assignable or otherwise transferable by either Party without the express written consent of the other Party, which shall not be unreasonably withheld. However, a Party may assign the Order Form and these Terms in its entirety, without the other Party’s consent to any group company or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that the Order Form and these Terms shall be binding on the assignee/ surviving entity. Any attempted assignment in violation of this clause will be null and void. In the event of assignment of the Order Form and these Terms by the Client to a direct or indirect competitor of the HyperVerge, HyperVerge shall have the right to immediately suspend the Services and terminate the Order Form and these Terms.

17. Relationship

We are independent contracting parties and neither party shall have the power or authority to assume or create any obligation or responsibility on the other party’s behalf. These Terms will not be construed to create or imply any partnership, agency, joint venture, or employer-employee relationship.

18. Force Majeure

We not shall be liable for any breach of our obligations hereunder resulting from causes beyond our reasonable control including but not limited to acts of god, fires, floods, earthquakes, pandemic or epidemic illness, strikes, wars, insurrection or riots, embargoes, or requirements or regulations of any civil or military authority.

19. Entire Agreement

The Order Form and Privacy Policy is hereby incorporated into these Terms by reference and together with the Terms, constitute the entire understanding of the Parties and supersedes all previous communications, representations, or understandings, between the Parties relating to the subject matter thereof. The Parties acknowledge that there has been no influence to enter into the Order Form or these Terms in any manner, nor has any Party relied upon any verbal warranties or representations not set forth in the Order Form or these Terms.

20. Conflict

In the event of any conflict between the Order Form and these Terms, the Order Form shall prevail to the extent of conflict.

21. Marketing

Client expressly permits HyperVerge Technologies Private Limited to use Client’s logo and tradename in its website, decks/presentations and marketing collateral to designate it as a client of HyperStart CLM. The Parties agree that Parties may enter into good faith discussions for the Client to provide a testimonial for its bonafide experience of the use of Services.

22. Stamping, E-Sign and other third-party services

Stamping:

  1. You hereby authorize HyperVerge to procure stamp papers on your behalf or on behalf of your organization.
  2. You agree that you shall provide the stamp paper amount, article code, party details, state in which stamp paper has to be procured and that HyperVerge shall not be liable for any ensuing liability for the same.
  3. You understand and agree that in case of any refund of stamp duty, you shall solely be responsible for ensuring that you liaise with the relevant authorities to receive the refund and in no circumstances shall HyperVerge be held responsible and liable for any loss or damage caused to you.
  4. HyperVerge shall not be considered or treated as a seller, reseller, or distributor of stamp paper in any interpretation of this engagement or otherwise. It should be expressly understood that HyperVerge acts solely as a technology service provider, offering solutions and systems that enable the Client’s lawful acquisition of stamp paper. This is an integral basis of this engagement and shall prevail in the event of any inconsistency or conflict with any other understanding.

E-signature:

  1. Certain types of documents executed by you through the Platform may not be permitted to be signed/ authenticated electronically, or may be subject to applicable law regarding electronic signatures and electronic records. We are not responsible or liable to determine whether any particular document is (i) subject to an exception to applicable electronic signature laws; or (ii) can be legally formed by electronic signatures.
  2. The signatory signing the documents executed through the Platform should have the authority to sign the same.
  3. HyperVerge shall not be a party to any documents executed/signed by you through the Platform.
  4. The Information Technology Act, 2000 recognizes Aadhar Based electronic signature only when OTP is entered by the Aadhar number holder itself and no other person. The responsibility of preventing any misuse shall be on the Client.
  5. HyperVerge makes no representations or warranties about the appropriateness of any authentication/ signature method or stamp duty paid for a document,

Third-Party Service Providers:

  1. We may engage select third party service providers, consultants, agents in order to render the Services to you and for the smooth functioning of the Platform for example -cloud hosting services, billing and payment gateways, cyber security services, performance measurement services etc. Any such sharing of your data with third parties by us shall be strictly on a need to know basis in compliance with the applicable laws and solely for the provision of Services to you. With respect to any external third party services, events that may be linked on our Website or Platform, we request you to go through the respective privacy policy and terms and conditions of the specific third party that would be applicable. We do not make any guarantees or representations to you with respect to such third parties and require you to independently evaluate such third parties before sharing any information with them.
  2. HyperVerge shall not be responsible for any unavailability of Services, downtimes, errors due to errors or omissions by third parties which are outside of its reasonable control. In case of such third-party system scheduled downtime, the same shall be notified to you as and when we are intimated of the same.

23. Trade Restrictions

You acknowledge that the Service and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that HyperVerge makes available (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations that may prohibit or restrict access by certain persons or from certain countries or territories currently including, but not limited to, Cuba, the Crimea region of the Ukraine, Sudan, Iran, North Korea and Syria (“Trade Restrictions”). You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, (iii) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department’s Non-proliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.export.gov/article?id=Consolidated-Screening-List; or (iv) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC 428/2009 (if applicable). You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Service.

24. Notices

Any notice required or permitted to be given will be effective only if it is in writing and sent using: (a) certified or registered mail; or (b) email, to the appropriate party at the correspondence address and email ID set forth in the Order Form.

25. Grievance Redressal/Support

For any queries, grievances or concerns in relation to these Terms or the Order Form, please contact the our Grievance Officer whose details are provided below: Mr. Saiventakesh Ashokkumar, Grievance Officer Contact us: [email protected], [email protected] We will endeavour on a best efforts basis to acknowledge your query/concern or grievance and provide further communication on the same within 5 business days of receipt.