These Terms and Conditions ("Terms") govern your access to and use of the services, products, and digital solutions provided by Eligarf Enterprises under the brand "Phronesis" ("we", "our", "us", "Service Provider"). By subscribing to, accessing, or using any Phronesis service, you ("Customer", "User", "you", "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
1. Acceptance of Terms
By accessing or using Phronesis services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Refund & Cancellation Policy, which are incorporated herein by reference.
These Terms constitute a legally binding agreement between you and Eligarf Enterprises. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Description of Services
Phronesis provides subscription-based IT services, including but not limited to:
- AI-powered business automation solutions
- Custom software development and configuration
- WhatsApp business integration services
- Digital transformation consulting
- Ongoing IT support and maintenance
- Related technical services as agreed upon
Services are provided on a subscription basis with fixed monthly, quarterly, or annual billing cycles, as agreed between the parties. Services are customized and configured based on each client's specific requirements.
3. User Obligations and Responsibilities
3.1 Account Information
You agree to:
- Provide accurate, current, and complete information when creating an account or subscribing to services
- Maintain and promptly update your account information to keep it accurate, current, and complete
- Maintain the security and confidentiality of your account credentials
- Notify us immediately of any unauthorized use of your account or any other breach of security
- Accept responsibility for all activities that occur under your account
3.2 Acceptable Use
You agree not to:
- Use the services for any illegal, fraudulent, or unauthorized purpose
- Interfere with or disrupt the integrity or performance of the services
- Attempt to gain unauthorized access to any portion of the services or related systems
- Reverse engineer, decompile, or disassemble any software or technology provided as part of the services
- Use the services to transmit any viruses, malware, or harmful code
- Violate any applicable laws, regulations, or third-party rights
- Use the services in a manner that could damage, disable, or impair our systems or networks
3.3 Compliance with Laws
You are solely responsible for ensuring that your use of Phronesis services complies with all applicable local, state, national, and international laws and regulations, including but not limited to data protection, privacy, and industry-specific regulations.
4. Subscription Terms and Billing
4.1 Subscription Period
Subscriptions are provided on a recurring basis (monthly, quarterly, or annual) as selected by you. The subscription period begins on the date of activation or go-live, as agreed between the parties.
4.2 Fees and Payment
You agree to pay all fees associated with your subscription as agreed upon during the subscription setup. Fees are billed in advance for the applicable billing period. All fees are non-refundable except as expressly provided in our Refund & Cancellation Policy.
4.3 Price Changes
We reserve the right to modify subscription fees at any time. Price changes will be communicated to you at least 30 days in advance and will apply to subsequent billing periods. Continued use of the services after the effective date of price changes constitutes acceptance of the new pricing.
4.4 Payment Failure
If payment fails or is overdue, we reserve the right to suspend or terminate your access to the services. You remain responsible for all fees incurred during the period of service access, regardless of payment status.
5. Intellectual Property Rights
5.1 Our Intellectual Property
All intellectual property rights in the Phronesis services, including but not limited to software, designs, trademarks, logos, content, and documentation, remain the exclusive property of Eligarf Enterprises or its licensors. These Terms do not grant you any ownership rights to our intellectual property.
5.2 Your Content and Data
You retain all rights to your data, content, and materials that you provide or upload to the services. By using our services, you grant us a limited, non-exclusive license to use, process, and store your data solely for the purpose of providing and improving our services.
5.3 Custom Development
For custom-developed solutions, intellectual property ownership will be as agreed upon in separate written agreements. In the absence of such agreements, custom code developed specifically for you may be subject to shared or licensed use as mutually agreed.
6. Service Availability and Modifications
6.1 Service Availability
We strive to maintain high availability of our services but do not guarantee uninterrupted, error-free, or secure access. Services may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.
6.2 Service Modifications
We reserve the right to modify, update, or discontinue any aspect of the services at any time, with or without notice. We will make reasonable efforts to notify you of material changes that may affect your use of the services.
6.3 Evaluation and Trial Periods
We may offer evaluation, trial, or beta access to certain services. Such access is provided "as-is" and may be terminated at any time without notice. Features and functionality during trial periods may differ from production services.
7. Limitation of Liability
7.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
We do not warrant that:
- The services will meet your specific requirements
- The services will be uninterrupted, timely, secure, or error-free
- The results obtained from using the services will be accurate or reliable
- Any errors in the services will be corrected
7.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELIGARF ENTERPRISES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, or business opportunities
- Business interruption or loss of goodwill
- Costs of substitute services
- Damages arising from use or inability to use the services
Our total liability for any claims arising from or related to these Terms or the services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the event giving rise to the claim.
7.3 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Eligarf Enterprises, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of or access to the services
- Your violation of these Terms
- Your violation of any third-party right, including intellectual property, privacy, or data protection rights
- Any content or data you submit, post, transmit, or make available through the services
- Your violation of any applicable law or regulation
9. Termination
9.1 Termination by You
You may cancel your subscription at any time by contacting us at support@phronesis.co.in or through your assigned Relationship Manager. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the services until that time.
9.2 Termination by Us
We may suspend or terminate your access to the services immediately, without prior notice, if:
- You breach any provision of these Terms
- You fail to pay fees when due
- You engage in fraudulent, illegal, or harmful activities
- We are required to do so by law or regulatory authority
- We discontinue the services (with reasonable notice where possible)
9.3 Effect of Termination
Upon termination:
- Your right to access and use the services will immediately cease
- You remain responsible for all fees incurred up to the date of termination
- We may delete your account data in accordance with our data retention policies
- Provisions of these Terms that by their nature should survive termination will survive
10. Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
10.2 Jurisdiction
Any disputes arising from or relating to these Terms or the services shall be subject to the exclusive jurisdiction of the courts located in India, and you consent to the personal jurisdiction of such courts.
10.3 Informal Resolution
Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiation. You should first contact us at support@phronesis.co.in to discuss and attempt to resolve any concerns.
10.4 Arbitration (Optional)
If informal resolution is unsuccessful, disputes may be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 2015 of India, or as otherwise mutually agreed by the parties.
11. Data Protection and Privacy
Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By using our services, you consent to the collection and use of information in accordance with our Privacy Policy.
12. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, internet failures, or other force majeure events.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
14. Entire Agreement
These Terms, together with our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and Eligarf Enterprises regarding the use of Phronesis services and supersede all prior agreements and understandings, whether written or oral.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through a prominent notice on our website at least 30 days before the changes take effect. Your continued use of the services after the effective date of any modifications constitutes acceptance of the updated Terms.
It is your responsibility to review these Terms periodically for any changes.
16. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us:
Email: support@phronesis.co.in
Website: Contact Us
Company: Eligarf Enterprises
Brand: Phronesis