Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and IQWorks Technologies Pvt Ltd ("IQWorks," "we," "us," or "our") governing your access to and use of the IQWorks website, applications, and services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

2. Description of Services

IQWorks provides AI-powered data protection and privacy compliance solutions, including but not limited to:

• Data discovery and classification tools
• Privacy compliance management platforms
• Data subject request management
• Consent management solutions
• Privacy risk assessment tools
• Vendor risk management
• Privacy training and awareness programs

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice to users.

3. Account Registration and Security

To access certain features of our Services, you may be required to create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services to process, store, or transmit malicious code or malware
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated means (bots, scrapers) to access the Services without our consent
• Resell, sublicense, or redistribute the Services without authorization
• Use the Services to compete with IQWorks or for benchmarking purposes
• Misrepresent your identity or affiliation with any person or organization
• Upload content that infringes intellectual property rights or is defamatory, obscene, or harmful

5. Subscription and Payment Terms

5.1 Subscription Plans

Access to certain Services requires a paid subscription. Subscription details, including features, pricing, and billing cycles, are set forth in the applicable order form or pricing page.

5.2 Payment

You agree to pay all fees associated with your subscription in accordance with the payment terms. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will notify you of any price changes before your next renewal.

5.4 Taxes

All fees are exclusive of applicable taxes (including GST, VAT, and sales tax), which you are responsible for paying.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all content, features, functionality, software, designs, logos, trademarks, and documentation, are owned by IQWorks or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

6.2 Your Content

You retain ownership of any data, content, or materials you upload to the Services ("Your Content"). By using the Services, you grant us a limited license to process Your Content solely to provide the Services to you.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without any obligation to you.

7. Data Processing and Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.

If you use the Services to process personal data on behalf of third parties, you are responsible for ensuring that such processing complies with applicable data protection laws. You represent that you have obtained all necessary consents and authorizations.

Upon request, we will enter into a Data Processing Agreement (DPA) that outlines our respective obligations regarding the processing of personal data.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties without prior written consent, except as required by law or to perform obligations under these Terms.

Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality restrictions.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES

We do not provide legal advice. The Services are tools to assist with compliance efforts, but you are responsible for ensuring your compliance with applicable laws.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQWORKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless IQWorks and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Your Content or data you process through the Services

12. Term and Termination

12.1 Term

These Terms are effective from the date you first access the Services and continue until terminated.

12.2 Termination by You

You may terminate your account at any time by contacting us or using the account termination feature in the Services.

12.3 Termination by Us

We may suspend or terminate your access to the Services immediately if you breach these Terms, fail to pay applicable fees, or if we are required to do so by law.

12.4 Effect of Termination

Upon termination, your right to use the Services will cease immediately. We will retain and delete your data in accordance with our Privacy Policy and applicable laws. Sections of these Terms that by their nature should survive termination will survive.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through arbitration or the courts as provided below.

Any arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 of India. The seat of arbitration shall be Mumbai, India, and the language of arbitration shall be English.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and IQWorks regarding the Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

16. Contact Information

If you have any questions about these Terms, please contact us: