Terms of Service

These Terms of Service ('Terms') constitute a legally binding agreement between you (either an individual or the entity you represent, collectively 'Customer', 'you', or 'your') and Gullaron ('Gullaron', 'we', 'our', or 'us') governing your access to and use of the Gullaron software platform, websites, APIs, mobile applications, and related services (collectively, the 'Services').

By clicking 'I Agree', signing an Order Form, or otherwise accessing or using our Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity.

These Terms are governed by the Indian Contract Act, 1872 and the Information Technology Act, 2000. If you do not agree to these Terms, you may not access or use our Services.

'Services' means Gullaron's software-as-a-service products including ESG Enterprise, Restaurant POS, AI Service Center, Hospital Suite, and any related tools, APIs, integrations, and support services.

'Customer Data' means all data, content, and information submitted by Customer or its Users through the Services.

'Subscription' means Customer's right to access and use the Services for the term specified in the applicable Order Form.

'User' means any individual authorized by Customer to access and use the Services under Customer's account.

'Order Form' means a written or electronic order document that incorporates these Terms and specifies the particular Services, subscription term, fees, and other terms agreed by the parties.

'Documentation' means Gullaron's technical and user documentation for the Services made available by Gullaron.

License Grant: Subject to these Terms and payment of applicable fees, Gullaron grants Customer a non-exclusive, non-transferable, limited license during the Subscription term to access and use the Services solely for Customer's internal business purposes, in accordance with the Documentation and these Terms.

Account Registration: To access the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Authorized Users: You may authorize Users to access and use the Services. You are responsible for ensuring that Users comply with these Terms and are liable for any User's breach of these Terms.

Restrictions: You may not: (a) sublicense, sell, resell, rent, or lease the Services; (b) reverse engineer, decompile, or disassemble the Services; (c) access the Services to build a competitive product or service; (d) use the Services to process data on behalf of third parties without Gullaron's written consent; (e) remove or obscure any proprietary notices.

Modifications: Gullaron reserves the right to modify or discontinue any Service or feature at any time, with reasonable notice to Customer for material changes.

Acceptable Use: You agree to use the Services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy. You will not use the Services to transmit, store, or process any data that: infringes any intellectual property rights, is unlawful, harmful, fraudulent, threatening, defamatory, or violates any third-party rights.

Compliance: You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including data protection laws, industry-specific regulations, and export controls.

Security Responsibilities: You must maintain reasonable security controls for your account and User access, promptly notify Gullaron of any suspected unauthorized access, and cooperate with Gullaron's security investigations.

Customer Data: You represent and warrant that you have all rights necessary to submit Customer Data to the Services and that doing so does not violate any applicable law or third-party rights.

Subscription Fees: Customer agrees to pay the fees specified in the applicable Order Form. Fees are non-refundable except as expressly set forth in these Terms.

Billing: Fees are billed in advance on a monthly or annual basis, as selected during account setup or in the Order Form. Annual subscriptions paid upfront receive pricing as specified in the Order Form.

Payment: Gullaron will charge Customer's designated payment method. All fees are in Indian Rupees (INR) unless otherwise specified in the Order Form. Customer is responsible for providing and maintaining accurate billing information.

Late Payments: If any fees are not paid when due, Gullaron may charge interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance.

Taxes: Fees are exclusive of all applicable taxes, including Goods and Services Tax (GST) and any other taxes as per Indian tax law. Customer is responsible for all applicable taxes, excluding taxes based on Gullaron's income.

Fee Changes: Gullaron may adjust pricing at renewal with at least 60 days written notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.

Gullaron IP: Gullaron retains all right, title, and interest in and to the Services, including all underlying technology, software, algorithms, source code, documentation, trade secrets, and intellectual property rights. No rights are granted to Customer other than the limited license expressly set forth in these Terms.

Customer Data: Customer retains all right, title, and interest in and to Customer Data. Customer grants Gullaron a limited, non-exclusive license to access, process, and use Customer Data solely to provide the Services and as otherwise permitted in the Privacy Policy.

Feedback: If Customer provides feedback, suggestions, or ideas about the Services, Customer grants Gullaron a royalty-free, worldwide, irrevocable license to use and incorporate such feedback into the Services without any obligation of compensation.

Anonymized Data: Gullaron may use anonymized, aggregated data derived from Customer's use of the Services for product improvement, benchmarking, and industry research, provided that such data does not identify Customer or any individual.

Each party ('Receiving Party') agrees to maintain the confidentiality of the other party's ('Disclosing Party') Confidential Information and to use it only as necessary to fulfill obligations under these Terms.

'Confidential Information' means any information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure, including technical, financial, and business information.

The obligation of confidentiality does not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was rightfully in the Receiving Party's possession before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law.

Each party will use at least the same degree of care to protect the other party's Confidential Information as it uses to protect its own, but not less than reasonable care.

Availability: Gullaron commits to 99.9% monthly uptime for the Services, excluding scheduled maintenance windows and force majeure events. 'Uptime' is calculated as the total minutes in a calendar month minus the total minutes of downtime, divided by the total minutes in the month.

Scheduled Maintenance: Gullaron will provide at least 72 hours advance notice for scheduled maintenance windows. Maintenance is typically performed during off-peak hours on weekends.

Support: Gullaron provides technical support as described in the applicable Order Form tier. Standard support includes email and ticket-based support with response times of 4 business hours for critical issues and 1 business day for standard issues.

Service Credits: If Gullaron fails to meet the uptime commitment in any calendar month, Customer may request service credits calculated as 10% of monthly fees for each 0.1% of availability below the 99.9% commitment, up to a maximum of 30% of monthly fees.

This SLA and service credits are Customer's sole and exclusive remedy for any unavailability of the Services.

Gullaron Warranties: Gullaron warrants that: (a) the Services will perform materially in accordance with the Documentation; (b) Gullaron will implement reasonable security measures to protect Customer Data; and (c) to Gullaron's knowledge, the Services do not infringe any third-party intellectual property rights.

DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. GULLARON EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Customer Warranties: Customer warrants that it has the right to enter into these Terms, use the Services in accordance with these Terms, and submit Customer Data without violating any applicable law or third-party rights.

EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE LIABILITY CAP: GULLARON'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.

Exceptions: The limitations above do not apply to: (a) Customer's payment obligations; (b) either party's indemnification obligations; (c) either party's breach of confidentiality; or (d) liability that cannot be limited by applicable law.

By Gullaron: Gullaron will defend, indemnify, and hold harmless Customer from and against any third-party claim that the Services, as provided by Gullaron and used in accordance with these Terms, infringe any patent, copyright, trademark, or trade secret of a third party. Gullaron's obligations are subject to Customer: (a) promptly notifying Gullaron of the claim; (b) granting Gullaron control of the defense; and (c) cooperating with Gullaron's defense.

By Customer: Customer will defend, indemnify, and hold harmless Gullaron from and against any third-party claim arising from: (a) Customer Data; (b) Customer's breach of these Terms; (c) Customer's use of the Services in violation of applicable law; or (d) Customer's gross negligence or willful misconduct.

Term: These Terms commence on the Effective Date and continue until the end of the Subscription term specified in the applicable Order Form, unless terminated earlier as set forth herein.

Termination for Cause: Either party may terminate these Terms immediately upon written notice if: (a) the other party materially breaches these Terms and fails to cure such breach within 30 days of written notice; or (b) the other party becomes insolvent or makes an assignment for the benefit of creditors.

Effect of Termination: Upon termination, Customer's right to use the Services immediately ceases. Gullaron will provide Customer a 30-day window to export Customer Data. After such period, Gullaron may delete Customer Data in accordance with its data retention policies.

Survival: Sections relating to payment, intellectual property, confidentiality, disclaimer, limitation of liability, indemnification, and general provisions survive termination.

Governing Law: These Terms are governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Consumer Protection Act, 2019 (where applicable). The courts at Bhagalpur, Bihar, India shall have exclusive jurisdiction over any disputes.

Dispute Resolution: Before initiating litigation, both parties agree to attempt to resolve disputes through good-faith negotiation for 30 days. If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration being Bhagalpur, Bihar. The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties.

Modifications: Gullaron may modify these Terms from time to time. We will notify you of material changes via email or prominent notice in the Services at least 30 days before the change takes effect. Your continued use constitutes acceptance.

Assignment: Customer may not assign these Terms without Gullaron's prior written consent. Gullaron may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Entire Agreement: These Terms, together with the applicable Order Form and Privacy Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements.

Contact: For legal notices, contact: contact@gullaron.com or Gullaron, Vishari Asthan, Choudhary Tola, Kahalgaon, Bhagalpur, Bihar 813203, India.