Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Customer") and SilicaSecure Private Limited ("SilicaSecure", "we", "us", or "our"), concerning your access to and use of the silicasecure.com website, our DPDP risk-assessment tool, customer portal, and any related software or services (collectively, the "Services").
By accessing or using the Services, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
2. Provision of Services
SilicaSecure provides business-to-business (B2B) cybersecurity and compliance automation tools. We reserve the right to modify, update, or discontinue any part of the Services at any time, with or without notice to you.
Where you access the Services under a separate, negotiated Master Services Agreement (MSA) or Enterprise Agreement, the terms of that specific agreement shall govern and supersede these general Terms of Service in the event of any conflict.
3. Acceptable Use and Restrictions
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use, you agree not to:
- Use our DPDP risk-assessment tool or any active scanning functionality against digital properties (websites, APIs, infrastructure) that you do not own or have explicit, documented authorization to test.
- Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of our platform.
- Use the Services for any unlawful purpose or in violation of any applicable local, state, national, or international law, including the Indian Information Technology Act, 2000.
- Attempt to bypass or circumvent any security features or rate-limiting measures we have put in place.
- Resell, sublicense, or distribute the Services to any third party without our prior written consent.
4. User Accounts and Security
To access certain features (such as the customer portal), you may be required to register for an account. You agree to provide accurate, current, and complete information and to keep this information updated.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at security@silicasecure.com of any unauthorized use or suspected breach of security.
5. Intellectual Property Rights
Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
You retain all intellectual property rights to the data, applications, and infrastructure you assess using our tools ("Customer Data"). You grant us a limited, secure license to process Customer Data solely to the extent necessary to provide the Services to you.
6. Fees and Payment
For paid tiers of the Services, you agree to pay all applicable fees as set forth in your order form or subscription tier. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities (such as GST in India), and you shall be responsible for payment of all such taxes.
Unless otherwise stated, subscriptions automatically renew at the end of the billing cycle. You may cancel your subscription at any time, which will take effect at the end of the current billing cycle. We do not provide refunds for partial months or unused services.
7. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
While our compliance tools (like the DPDP risk assessment) are designed to identify potential gaps, they do not constitute legal advice. Automated scanning cannot guarantee 100% security or regulatory compliance. You are solely responsible for consulting your own legal counsel regarding compliance with the DPDP Act, GDPR, or other frameworks.
8. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
9. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) your violation of the rights of a third party, including intellectual property rights; or (4) any unauthorized scanning or testing of properties you do not explicitly own.
10. Term and Termination
These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.
11. Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of India.
Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms or the breach, termination, or validity thereof, shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi, India, and you hereby irrevocably consent to the jurisdiction of such courts.
12. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
SilicaSecure Private Limited
New Delhi, India
Email: legal@silicasecure.com