Terms of Service

These Terms of Service, together with any order form, statement of work, master services agreement, data processing addendum, or subprocessor list incorporated by reference (collectively, the "Terms"), constitute a legally binding agreement between WEAFS ("WEAFS," "Company," "we," "us," or "our") and the entity or individual accessing or using the Services (the "Customer," "you," or "your"). By accessing weafs.com or any subdomain thereof (the "Site"), by creating an account, by clicking to accept these Terms, by executing an order form referencing these Terms, or by otherwise accessing or using the WEAFS Digital, WEAFS Smart, or WEAFS Sustainable platform modules, any associated applications, APIs, or connected devices (collectively with the Site, the "Platform"), or any related consulting, implementation, support, or professional services (collectively with the Site and the Platform, the "Services"), you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refers to that entity. Where these Terms conflict with a specific data processing addendum executed by the parties, the data processing addendum governs solely with respect to the Processing of Personal Data, as further described in Section 17.

• "Aggregated Data" means Customer Data or other data that has been aggregated, statistically combined, and processed using de-identification techniques such that it does not identify Customer, any Authorized User, or any natural person, and cannot reasonably be re-identified using means reasonably likely to be used.
• "AI Output" means any prediction, recommendation, forecast, classification, alert, summary, generated text, or other output produced by an artificial intelligence, machine learning, or other automated analytical feature of the Platform.
• "Applicable Law" means all statutes, regulations, rules, and binding governmental guidance applicable to a party in connection with these Terms or the Services, as in force and amended from time to time.
• "Authorized User" means an employee, contractor, or agent of Customer who is authorized by Customer to access the Platform under Customer's account and for whom access has been provisioned.
• "Customer Data" means any data, content, or information, including operational, machine, sensor, workforce, or business data, submitted to, or generated through use of, the Platform by or on behalf of Customer or its Authorized Users, but excludes Aggregated Data.
• "Data Processing Agreement" or "DPA" means WEAFS's standard data processing terms, as may be updated from time to time and executed or accepted by the parties, governing WEAFS's Processing of Personal Data contained within Customer Data on Customer's behalf.
• "Deliverables" means the specific work product identified as a deliverable in an applicable statement of work, excluding any WEAFS Background IP, Third-Party Components, or Open Source Software embedded or used therein.
• "Documentation" means any user guides, technical specifications, or help materials made generally available by WEAFS describing the use of the Platform.
• "Malicious Code" means viruses, worms, time bombs, trojan horses, and other harmful or malicious code, files, scripts, agents, or programs.
• "Open Source Software" means any software component licensed under a license meeting the Open Source Initiative definition or a similar public or royalty-free license, including permissive (e.g., MIT, BSD, Apache) and copyleft (e.g., GPL, LGPL, AGPL) licenses.
• "Order Form" means an ordering document, quote, proposal, or statement of work referencing these Terms and specifying the Services purchased, fees, and applicable term.
• "Personal Data" has the meaning given in the Privacy Policy and, where applicable, the DPA, and includes "personal data" and "personal information" as defined under Applicable Law, including the Digital Personal Data Protection Act, 2023 of India.
• "Subprocessor" means any third party engaged by WEAFS to Process Personal Data contained within Customer Data in order to provide the Services.
• "WEAFS Background IP" means all software, models, tools, frameworks, libraries, methodologies, templates, algorithms, and know-how that WEAFS owned, developed, or licensed prior to, or independently of, an engagement with Customer, or that WEAFS develops or improves during an engagement without reference to Customer's Confidential Information.

The Services are intended for use by businesses and business representatives who are at least 18 years of age and have the legal capacity to enter into a binding contract. By using the Services, you represent and warrant that you meet these requirements and that all registration information you submit is accurate, current, and complete.

WEAFS provides a modular software platform addressing business operations management ("WEAFS Digital"), industrial IoT connectivity, predictive maintenance, and machine data analytics ("WEAFS Smart"), and environmental, social, and governance reporting ("WEAFS Sustainable"), together with related custom software development, website development, mobile application development, artificial intelligence and automation, and cloud and DevOps professional services, as further described on the Site and in any applicable Order Form. Certain features of the Platform incorporate artificial intelligence, machine learning, or automated analytics functionality, and certain features involve connectivity to industrial equipment and IoT devices; use of those features is additionally subject to Sections 11 and 12.

Any illustrative results, case studies, timelines, or performance figures referenced on the Site or in sales or marketing materials, including phrases such as "typically" or "in similar engagements," are composite, indicative, and provided for general informational purposes only. They do not constitute a guarantee, warranty, projection, or binding commitment regarding the results, savings, efficiency gains, or compliance outcomes that any particular Customer will achieve, which depend on factors outside WEAFS's control, including Customer's existing infrastructure, data quality, and operational practices.

Requests for a "demo," "free consultation," or quote submitted through the Site are non-binding invitations to discuss a potential engagement and do not, by themselves, create any obligation on WEAFS to provide Services, nor any obligation on Customer to purchase Services, until a mutually executed Order Form is in place.

You agree that these Terms and any Order Form may be executed and accepted by electronic means, including by clicking to accept, checking a box, exchanging Order Forms by email, or by continuing to access or use the Services following notice of these Terms, and that such electronic acceptance is legally binding to the same extent as a handwritten signature, to the extent permitted under the Information Technology Act, 2000 (India) and other Applicable Law.

You consent to receive notices, invoices, disclosures, and other communications from WEAFS electronically, including by email or through the Platform, and agree that any such electronic communication satisfies any legal requirement that such communication be in writing, unless Applicable Law expressly requires a different form.

Where use of the Platform requires an account, Customer is responsible for maintaining the confidentiality of login credentials, for all activities that occur under its account and those of its Authorized Users, and for ensuring that Authorized Users comply with these Terms. Customer must notify WEAFS promptly of any unauthorized use of its account or any other suspected security breach. WEAFS is not liable for any loss or damage arising from Customer's failure to safeguard its account credentials.

Fees for the Services are as set out in the applicable Order Form and are due in accordance with the payment terms specified therein. Except as expressly stated in an Order Form, all fees are non-refundable and non-cancelable once invoiced. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law, and WEAFS may suspend access to the Services for accounts with overdue amounts following reasonable notice, as further described in Section 21.

All fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments, including value-added, goods and services, sales, and withholding taxes, which Customer is responsible for paying, other than taxes based on WEAFS's net income.

• Renewal period: Unless otherwise specified in the applicable Order Form, each subscription automatically renews for successive terms equal in length to the expiring term.
• Notice period: Either party may prevent renewal by giving the other party written notice of non-renewal at least thirty days before the end of the then-current term; absent such notice, the renewal takes effect automatically.
• Cancellation process: Customer may give notice of non-renewal, or otherwise request cancellation, by written notice to the contact designated in the applicable Order Form or to the contact details published in the footer of the Site; cancellation does not entitle Customer to a refund of fees already paid or due for the then-current term.
• Price changes: WEAFS may change its then-current fees effective upon the next renewal term, or otherwise on a going-forward basis, by providing at least thirty days' prior written notice; if Customer does not wish to accept a price increase, Customer's sole remedy is to decline renewal in accordance with this Section. Fees payable by a third-party platform, carrier, or infrastructure provider in connection with the Services (for example, cloud hosting or data charges passed through at cost) may change with shorter notice to the extent WEAFS itself receives shorter notice from that provider.

Customer agrees not to initiate a chargeback, reversal, or payment dispute for fees properly due under an Order Form without first raising the matter with WEAFS in good faith. WEAFS may treat an unwarranted chargeback or payment reversal as a material breach of these Terms and may suspend or terminate access to the Services in accordance with Sections 21 and 23 until the matter is resolved.

Subject to Customer's compliance with these Terms and the applicable Order Form, WEAFS grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform and Documentation during the applicable subscription term, solely for Customer's internal business operations.

Customer shall not, and shall not permit any third party to: (a) copy, modify, or create derivative works of the Platform; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, algorithms, or underlying structures of the Platform, except to the extent such restriction is prohibited by Applicable Law; (c) sell, resell, lease, sublicense, distribute, or otherwise make the Platform available to any third party outside of Authorized Users; (d) use the Platform to build a competing product or service; (e) remove or obscure any proprietary notices; (f) access the Platform to benchmark or for competitive analysis purposes without WEAFS's prior written consent; or (g) circumvent any usage limits, access controls, or security measures of the Platform.

You shall not use the Services to: (a) violate any Applicable Law or the rights of any third party, including intellectual property, privacy, or publicity rights; (b) transmit Malicious Code or engage in any activity that disrupts, damages, or impairs the Platform or any connected system; (c) attempt to gain unauthorized access to the Platform, other accounts, or connected networks or devices; (d) interfere with or circumvent the security features of the Platform; (e) upload or transmit unlawful, defamatory, obscene, or infringing content; (f) misrepresent your identity or affiliation; or (g) use automated means, including bots, scrapers, or crawlers, to access the Site or Platform other than through a documented API in accordance with its terms of use.

WEAFS reserves the right, but has no obligation, to monitor use of the Services for compliance with this Acceptable Use Policy and to suspend or terminate access for any Customer or Authorized User reasonably believed to be in violation, without liability to WEAFS.

As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer grants WEAFS a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and otherwise Process Customer Data solely as necessary to (a) provide, secure, support, and maintain the Services for Customer, and (b) exercise the rights described below.

WEAFS may create Aggregated Data from Customer Data. As between the parties, WEAFS owns all Aggregated Data and may use it for any lawful business purpose without restriction, including product improvement, internal and customer-facing analytics, developing, training, testing, and improving artificial intelligence and machine learning models and features (whether used within the Platform or more broadly across WEAFS's product portfolio), and industry benchmarking. WEAFS will not use Customer Data in an identifiable form (including Personal Data contained within it) to train artificial intelligence or machine learning models made generally available to other customers or third parties, nor disclose Customer Data in identifiable form to any third party for that purpose, without Customer's prior written consent, except that this restriction does not limit WEAFS's use of Aggregated Data as described above.

Customer represents and warrants that it has all rights, consents, and legal bases necessary to submit Customer Data to the Platform, including in respect of any Personal Data of its employees, contractors, or supply chain partners contained therein, and that such submission and the related Processing by WEAFS do not violate the rights of any third party or any Applicable Law.

Customer shall not submit, and shall not permit any Authorized User to submit, any Sensitive Personal Data (as defined in the Privacy Policy) or any Personal Data of a child (an individual below the age of 18, or the age of legal majority or digital consent in the relevant jurisdiction, whichever is higher) as part of Customer Data, unless expressly permitted under an executed Order Form or data processing addendum describing the specific category and the additional controls that apply to it. Customer is solely responsible for any Sensitive Personal Data or child's Personal Data it submits in breach of this Section, and WEAFS may remove, quarantine, or refuse to process any such data submitted in violation of this Section without liability to Customer.

If you provide WEAFS with any suggestions, ideas, or feedback regarding the Services, WEAFS may use such feedback for any purpose without obligation or compensation to you.

The Platform may include features that use artificial intelligence, machine learning, statistical models, or other automated means, whether developed by WEAFS or licensed from third-party model providers, to generate AI Output such as predictions, recommendations, forecasts, classifications, alerts, anomaly flags, summaries, or generated text. Where a feature relies on a third-party model provider, that provider acts as a Subprocessor with respect to any Customer Data submitted to it, and Section 20 and the Privacy Policy describe WEAFS's practices regarding such providers' data retention and training settings.

AI OUTPUT IS PROBABILISTIC, GENERATED BY AUTOMATED SYSTEMS, AND MAY BE INCOMPLETE, INACCURATE, OUTDATED, OR OTHERWISE UNRELIABLE. AI OUTPUT IS PROVIDED FOR INFORMATIONAL AND DECISION-SUPPORT PURPOSES ONLY, DOES NOT CONSTITUTE PROFESSIONAL, ENGINEERING, SAFETY, FINANCIAL, LEGAL, OR REGULATORY ADVICE, AND MUST BE INDEPENDENTLY REVIEWED AND VERIFIED BY QUALIFIED PERSONNEL BEFORE CUSTOMER RELIES OR ACTS ON IT. WEAFS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY AI OUTPUT.

Customer is solely responsible for all decisions and actions taken, or not taken, in reliance on AI Output, including any decision to submit an AI-generated report, disclosure, or analysis to a regulator, auditor, customer, or other third party. To the maximum extent permitted by Applicable Law, WEAFS disclaims all liability for any loss, damage, or harm arising from reliance on AI Output, subject to Section 25. Where a feature uses a third-party foundation model or AI service, that feature is additionally subject to the applicable third-party provider's terms, and Section 15 applies.

WEAFS Smart and related features provide connectivity to industrial equipment, PLCs, and IoT sensors, and generate predictive maintenance alerts, machine health analytics, anomaly detection, and related recommendations based on the data made available to the Platform. These features are advisory decision-support tools only.

PREDICTIVE MAINTENANCE ALERTS, MACHINE ANALYTICS, AND ANY RELATED RECOMMENDATIONS ARE NOT A SUBSTITUTE FOR MANUFACTURER-SPECIFIED MAINTENANCE SCHEDULES, STATUTORY OR REGULATORY INSPECTIONS, LOCKOUT-TAGOUT AND OTHER OCCUPATIONAL SAFETY PROCEDURES, OR THE PROFESSIONAL AND ENGINEERING JUDGMENT OF QUALIFIED PERSONNEL. CUSTOMER REMAINS SOLELY RESPONSIBLE FOR THE SAFE OPERATION AND MAINTENANCE OF ITS EQUIPMENT AND FACILITIES, FOR COMPLIANCE WITH APPLICABLE OCCUPATIONAL HEALTH AND SAFETY LAWS, AND FOR ENSURING THAT ITS PERSONNEL DO NOT DEFER OR OMIT ANY REQUIRED SAFETY PROCEDURE, INSPECTION, OR MAINTENANCE ACTIVITY IN RELIANCE ON THE PLATFORM.

WEAFS is not responsible for equipment failure, downtime, personal injury, death, or property damage arising from a failure or inaccuracy of sensor data, connectivity, or Platform outputs, or from Customer's decision to rely on the Platform in place of required safety procedures, statutory inspections, or the judgment of qualified personnel, except to the extent such liability cannot be excluded under Applicable Law.

Customer shall maintain adequate insurance coverage (including, as applicable, public liability, product liability, property, and workers' compensation or equivalent statutory coverage) for the equipment, facilities, and personnel involved in its use of WEAFS Smart and related features, independent of, and without reliance on, the Platform.

The Platform, the Site, the Documentation, and all underlying software, technology, designs, trademarks, and content (excluding Customer Data and Deliverables) are and remain the exclusive property of WEAFS and its licensors, and are protected by intellectual property laws of India and other jurisdictions. No rights are granted to Customer other than the limited license expressly set out in Section 8.

• Deliverables: Where WEAFS develops custom software, websites, or applications for Customer under a statement of work, Customer owns the Deliverables specifically identified as such in that statement of work, subject to Customer's payment in full of all fees due for their creation; ownership of a Deliverable does not extend to WEAFS Background IP, Third-Party Components, or Open Source Software embedded or used within it.
• WEAFS Background IP: WEAFS retains all right, title, and interest in WEAFS Background IP. To the extent WEAFS Background IP is embedded in a Deliverable, WEAFS grants Customer a perpetual, non-exclusive, royalty-free license to use that WEAFS Background IP solely as embedded within the delivered Deliverable, for Customer's internal business purposes.
• Third-party and open-source components: Deliverables and the Platform may incorporate Third-Party Components and Open Source Software, which remain subject to their respective owners' rights and license terms, as further described in Section 14.
• Reusable frameworks and libraries: WEAFS retains ownership of any general-purpose frameworks, libraries, tools, templates, accelerators, and methodologies that WEAFS develops, refines, or uses in the course of an engagement, whether before, during, or after that engagement, provided they do not incorporate Customer's Confidential Information or Customer Data in identifiable form, and WEAFS may use and reuse them in engagements with other customers.

The Platform and certain Deliverables may include Open Source Software components. Each item of Open Source Software is licensed to Customer under the terms of its own applicable open-source license, and not under these Terms, and to the extent those license terms conflict with these Terms, the applicable open-source license governs solely as to that component.

OPEN SOURCE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AS SET OUT IN ITS RESPECTIVE LICENSE, AND WEAFS MAKES NO ADDITIONAL WARRANTY WITH RESPECT TO ANY OPEN SOURCE SOFTWARE BEYOND WHAT IS EXPRESSLY PROVIDED IN THAT LICENSE. A list of material Open Source Software components used in the Platform is available upon reasonable written request.

The Platform may integrate with, or provide links to, third-party services, equipment, or systems not owned or controlled by WEAFS, including a Customer's existing ERP, PLC, sensor, or payment systems, as well as third-party cloud infrastructure, communication and notification providers, and AI model providers used by WEAFS to deliver the Services. WEAFS is not responsible for, and disclaims all liability arising from, the availability, accuracy, security, or practices of any third-party service, including any outage, error, defect, or data loss caused by such a third-party service, and Customer's use of any such third-party service is governed by the terms and privacy policy of that third party.

Each party may have access to non-public, proprietary, or confidential information of the other party ("Confidential Information"). Each party agrees to use the other party's Confidential Information solely to perform its obligations under these Terms, to protect it using at least the same degree of care it uses to protect its own confidential information of similar nature, and not to disclose it to any third party except to employees, contractors, or advisors with a need to know and who are bound by confidentiality obligations at least as protective as those herein, or as required by law, provided that, where legally permissible, the disclosing party is given prior notice.

Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was rightfully known to the receiving party prior to disclosure, is rightfully obtained from a third party without restriction, or is independently developed without use of the disclosing party's Confidential Information.

Each party's collection and Processing of Personal Data in connection with the Services is governed by our Privacy Policy and, where applicable, this Section and the DPA, each of which is incorporated into these Terms by reference.

Where Customer Data submitted to the Platform contains Personal Data, WEAFS Processes that Personal Data solely as a processor, service provider, or equivalent role, acting on Customer's documented instructions (which these Terms and the applicable Order Form constitute), and Customer acts as the controller, data fiduciary, or business with respect to that Personal Data, responsible for establishing its own lawful basis for Processing, for providing any required notices to the relevant data subjects or data principals, and for responding to their requests, save where the DPA provides otherwise.

WEAFS's standard DPA, reflecting applicable processor obligations under the Digital Personal Data Protection Act, 2023, the GDPR, and comparable Applicable Law, is available on request. Where Customer requires a DPA (including because Customer or its own customers are subject to the GDPR or a similar cross-border data protection regime), the parties will execute or otherwise mutually accept WEAFS's then-current DPA, which upon execution or acceptance is incorporated into, and forms part of, these Terms, and governs in the event of any conflict with these Terms as to the Processing of Personal Data.

WEAFS implements and maintains administrative, technical, and physical safeguards designed to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, calibrated to the sensitivity of the data involved. These safeguards include, among others, encryption of data in transit and at rest, role-based access controls, logical segregation of each Customer's Customer Data from that of other customers on shared infrastructure, network segmentation, logging and monitoring, vulnerability management, periodic security testing, and incident response procedures. This Section describes WEAFS's security program and the safeguards it is designed to include, and does not constitute a warranty that any specific safeguard is, or will remain, effective against every possible threat.

WEAFS's security practices are informed by widely recognized frameworks, including practices commonly associated with ISO/IEC 27001. WEAFS is not currently certified under ISO/IEC 27001 or any other third-party security certification or attestation scheme, and no statement in these Terms, the Documentation, or any other WEAFS communication should be read as representing that WEAFS holds such a certification unless expressly confirmed in writing.

WEAFS requires Subprocessors that Process Customer Data to be bound by data protection and security obligations materially consistent with those described in this Section and, where applicable, the DPA. Customer is responsible for its own systems, networks, and credentials, and for configuring the Platform, integrations, and access permissions in a manner appropriate to Customer's own security requirements. No method of electronic transmission or storage is completely secure, and WEAFS does not warrant or guarantee that the Platform is invulnerable to unauthorized access or that Customer Data will never be subject to a Security Incident.

"Security Incident" means a confirmed accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, Customer Data on systems controlled by WEAFS or a Subprocessor.

Where WEAFS confirms a Security Incident, WEAFS will notify Customer without undue delay, and in any event within the timeframe required under Applicable Law or the DPA, and will provide the information reasonably available to WEAFS regarding the nature of the Security Incident, the categories and approximate volume of Customer Data affected, and the remediation steps taken or planned, to assist Customer in meeting its own notification obligations.

As between the parties, and except where the DPA or Applicable Law provides otherwise, Customer, as controller or data fiduciary, is solely responsible for assessing whether the Security Incident triggers a notification obligation to any supervisory authority, regulator, data subject, or data principal, and for making any such notification. WEAFS is separately responsible for notifications required by Applicable Law in respect of Security Incidents affecting Personal Data for which WEAFS itself acts as controller or data fiduciary, as described in the Privacy Policy. WEAFS may recover its reasonable costs of investigating and remediating a Security Incident to the extent it was caused by Customer's or an Authorized User's own acts or omissions, including compromised credentials or a misconfigured integration.

Customer generally authorizes WEAFS to engage Subprocessors, including cloud hosting and infrastructure providers, storage providers, communication and notification platforms, analytics providers, and third-party AI model providers, to Process Customer Data in order to provide the Services, subject to WEAFS imposing on each Subprocessor data protection obligations materially consistent with these Terms and, where applicable, the DPA.

A current list of Subprocessors that materially Process Customer Data is available to Customer on written request. WEAFS will give Customer notice of the addition or replacement of a material Subprocessor by email or through the Platform at least fifteen days before that Subprocessor begins Processing Customer Data, except where a shorter period is necessary to address an urgent security or operational need. If Customer has a reasonable data-protection-related objection to a new Subprocessor, Customer must notify WEAFS in writing within that notice period, and the parties will discuss the objection in good faith; if the parties do not resolve the objection within thirty days, Customer's sole and exclusive remedy is to terminate the affected Service by written notice, without penalty, but with fees remaining due through the effective date of termination.

WEAFS will use commercially reasonable efforts to make the Platform available in accordance with any service level commitments specified in an applicable Order Form or SLA schedule, as described in Section 22. Absent such a commitment, the Platform is provided on an "as available" basis, and WEAFS does not guarantee uninterrupted or error-free operation, and may perform scheduled or emergency maintenance that temporarily affects availability.

WEAFS may modify, update, or discontinue any feature of the Platform from time to time, and will use reasonable efforts to provide advance notice of any change that materially reduces core functionality relied upon by Customer.

• Non-payment: WEAFS may suspend access to the Services following reasonable notice for accounts with overdue fees, as described in Section 7, until the overdue amount is paid in full.
• Security threats: WEAFS may suspend access immediately and without prior notice where WEAFS reasonably believes such access poses an imminent risk to the security or integrity of the Platform or any other customer's data, including suspected Malicious Code, credential compromise, or anomalous access patterns.
• Illegal activity or acceptable-use violations: WEAFS may suspend access, with notice where reasonably practicable in the circumstances, where WEAFS reasonably believes Customer or an Authorized User is using the Services in violation of Applicable Law or the Acceptable Use Policy in Section 9.

WEAFS will use reasonable efforts to limit a suspension to the affected account, feature, or Authorized User, to restore access promptly once the underlying issue is resolved, and to have no liability to Customer for any suspension made in accordance with this Section.

Any uptime, availability, response time, or other service level commitment applies only if, and strictly to the extent, expressly set out in a signed Order Form or a dedicated service level schedule referencing these Terms. Absent such a commitment, no specific uptime or availability percentage is guaranteed, and Sections 24 and 25 govern.

Where a service level schedule applies, any service credits or other remedies specified in that schedule are Customer's sole and exclusive remedy for WEAFS's failure to meet the applicable service levels, in lieu of any other remedy at law or in equity, subject to Section 25.

These Terms remain in effect for as long as you access or use the Services, and, with respect to a Customer under an Order Form, for the term specified therein, including any renewal terms. Either party may terminate an Order Form for the other party's uncured material breach following thirty days' written notice describing the breach, or immediately upon the other party's insolvency, bankruptcy, or cessation of business.

• Export window: For thirty days following the effective date of termination or expiration (or such longer period specified in the applicable Order Form), WEAFS will make Customer Data available for self-service export in commonly used formats, such as CSV or JSON, or, where available for the relevant module, through the Platform's API.
• Deletion: Following the export window, WEAFS will delete or anonymize Customer Data from its production systems within a further sixty days, except for copies retained in encrypted backups until their routine expiry in the ordinary backup rotation cycle, or as required by Applicable Law, audit, or legitimate business archival purposes, in each case subject to the confidentiality obligations in Section 16.
• Customer responsibility: Customer is solely responsible for extracting any Customer Data it wishes to retain before the end of the export window; WEAFS has no obligation to retain or provide Customer Data after that window, and assistance with export or deletion beyond WEAFS's standard self-service tools may be subject to additional fees at WEAFS's then-current rates.

Upon termination or expiration, Customer's right to access the Platform ceases. Provisions that by their nature should survive termination, including Sections 10 through 20, 23 through 26, and 28 through 34, survive any termination or expiration of these Terms.

EXCEPT AS EXPRESSLY SET OUT IN AN APPLICABLE ORDER FORM, THE SERVICES, THE PLATFORM, ALL AI OUTPUT, AND ALL RELATED DOCUMENTATION, CONTENT, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WEAFS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY PARTICULAR RESULT, EFFICIENCY GAIN, COST SAVING, OR REGULATORY COMPLIANCE OUTCOME WILL BE ACHIEVED, OR THAT ANY DEFECT WILL BE CORRECTED. CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ANY OUTPUT, REPORT, OR DISCLOSURE GENERATED THROUGH THE PLATFORM, INCLUDING ANY AI OUTPUT, PREDICTIVE MAINTENANCE ALERT, OR ESG, BRSR, OR OTHER REGULATORY REPORT, BEFORE RELYING ON OR SUBMITTING IT TO ANY THIRD PARTY OR REGULATOR.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEAFS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WEAFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEAFS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO WEAFS FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (THE "GENERAL CAP"). FOR LIABILITY ARISING FROM A PARTY'S BREACH OF SECTION 16 (CONFIDENTIALITY) OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 26, THE APPLICABLE LIABILITY CAP IS INSTEAD TWO TIMES THE GENERAL CAP.

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR DEATH, PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED. THE PARTIES ACKNOWLEDGE THAT THE FEES CHARGED FOR THE SERVICES REFLECT THE ALLOCATION OF RISK SET OUT IN THIS SECTION AND THAT THIS ALLOCATION IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Customer agrees to defend, indemnify, and hold harmless WEAFS and its officers, directors, employees, and affiliates from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) Customer Data or Customer's use of the Services in violation of these Terms or Applicable Law; (b) Customer's breach of any representation or warranty in these Terms; (c) any Authorized User's violation of these Terms; or (d) any decision or action taken by Customer in reliance on AI Output or a predictive maintenance or machine analytics recommendation, including in disregard of Sections 11 or 12.

Subject to Section 25, WEAFS agrees to defend, indemnify, and hold harmless Customer from and against any third-party claims alleging that the Platform, as provided by WEAFS and used in accordance with these Terms and the Documentation, infringes such third party's intellectual property rights, subject to Customer promptly notifying WEAFS of the claim, giving WEAFS sole control of the defense and settlement, and providing reasonable cooperation. This indemnity does not apply to any claim arising from: (i) use of the Platform in combination with software, data, or equipment not provided by WEAFS, where the claim would not have arisen but for such combination; (ii) modification of the Platform other than by WEAFS; (iii) use of the Platform other than in accordance with these Terms or the Documentation; or (iv) Open Source Software or Third-Party Components used in accordance with their own license terms. If the Platform becomes, or WEAFS reasonably believes it may become, the subject of such a claim, WEAFS may, at its option and expense, procure the right for Customer to continue using the Platform, modify or replace it to be non-infringing, or terminate the affected Service and refund any prepaid but unused fees for that Service, which constitutes Customer's sole and exclusive remedy for such a claim.

Neither party will be liable for any failure or delay in performance, other than payment obligations, resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, power outages, or failures of third-party hosting or infrastructure providers.

These Terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, are governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Subject to Section 29, the courts of competent jurisdiction at Chennai, Tamil Nadu, India have exclusive jurisdiction over any matter carved out from arbitration under Section 29, over applications for interim or injunctive relief in aid of arbitration, and over the enforcement of any arbitral award, and each party irrevocably submits to the jurisdiction of such courts for those purposes.

Prior to initiating any formal proceeding, the parties agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms through negotiation between authorized representatives within thirty days of a written notice describing the dispute.

If the dispute is not resolved through negotiation, and other than for claims for injunctive or equitable relief, or claims relating to intellectual property or confidentiality, which either party may bring directly before a court of competent jurisdiction as described in Section 28, any remaining dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties, or, failing agreement within thirty days, in accordance with that Act. The seat and venue of arbitration shall be Chennai, Tamil Nadu, India, and the language of arbitration shall be English. The arbitral award shall be final and binding on the parties, subject to any right of appeal or challenge available under Applicable Law.

To the extent permitted by Applicable Law, any arbitration, claim, or proceeding shall be conducted on an individual basis only, and not as part of a class, collective, consolidated, or representative action, and each party waives any right to participate in such a proceeding, except where such waiver is prohibited by Applicable Law, in which case this waiver shall not apply to the extent prohibited.

Customer represents that it is not named on any restricted party, denied person, or sanctions list maintained by any competent governmental authority, and agrees to comply with all applicable export control and economic sanctions laws in connection with its use of the Services, and not to use the Services in any country or in any manner prohibited by such laws.

Customer may not assign or transfer these Terms, in whole or in part, without WEAFS's prior written consent, except to a successor in interest through a merger, acquisition, or sale of substantially all assets, provided the successor is not a direct competitor of WEAFS. WEAFS may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this Section is void.

If any provision of these Terms is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect, and the parties shall negotiate in good faith to replace the invalid provision with a valid one that most closely reflects the original commercial intent. No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of that or any other right.

These Terms, together with any applicable Order Form, Privacy Policy, DPA, and Subprocessor list, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral, concerning that subject matter. In the event of a conflict between these Terms and an Order Form, the Order Form shall govern with respect to the subject matter it specifically addresses. No terms or conditions in any purchase order or other Customer-issued document shall have any effect unless expressly agreed to in writing by WEAFS.

Any notice required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by recognized courier or registered mail, to the addresses specified in the applicable Order Form or, in the case of notice to WEAFS, to the contact details published in the footer of the Site.

WEAFS may update these Terms from time to time. For material changes, WEAFS will provide reasonable notice, which may include posting a notice on the Site or sending an email notification, before the change takes effect. Continued use of the Services after a revised version of these Terms becomes effective constitutes acceptance of the revised Terms. Where an executed Order Form provides for a different amendment process, that process governs with respect to that Order Form.

Questions regarding these Terms may be directed to the contact details published in the footer of the Site and on our Contact page.