Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and FOCTTA Technologies Private Limited ("FOCTTA", "we", "us", or "our") governing your access to and use of the FOCTTA privacy compliance platform, including all associated services, APIs, SDKs, and documentation (collectively, the "Service").

By creating an account, accessing the Service, or clicking "I Agree", you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

If you do not agree to these Terms, you must not access or use the Service.

• "Customer Data" means all data uploaded, submitted, or generated by you or your end users through the Service, including consent records, DSAR requests, processing activities, audit logs, and configuration settings.
• "Subscription" means your selected service tier (Starter, Professional, or Enterprise) and associated usage limits.
• "Users" means individuals authorized by you to access the Service under your account, each assigned one of the five RBAC roles.
• "API" means the FOCTTA REST API, SDKs, and webhook endpoints provided as part of the Service.
• "Tenant" means your isolated organizational environment within the FOCTTA platform, enforced by database-level Row-Level Security.

3.1 Registration. You must provide accurate, complete, and current information during registration. You are responsible for maintaining the accuracy of your account information.

3.2 Account Security. You are responsible for safeguarding your account credentials, API keys, and webhook secrets. You must notify us immediately at security@foctta.com if you become aware of any unauthorized access.

3.3 User Management. You are responsible for managing Users within your Tenant, including assigning appropriate roles (DPO, Compliance Analyst, Legal Reviewer, IT Admin, Read-Only Auditor) and revoking access when no longer needed.

3.4 Age Requirement. You must be at least 18 years of age to use the Service. The Service is designed for business use and is not intended for consumers or minors.

4.1 Platform Access. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription term for your internal business purposes.

4.2 API Usage. You may integrate with the Service via our API subject to documented rate limits (10,000 req/min for consent checks, 1,000 req/min for mutations, 5 req/min for bulk operations per tenant). We reserve the right to throttle or suspend API access if usage exceeds these limits or threatens platform stability.

4.3 Acceptable Use. You agree not to: (a) reverse engineer, decompile, or disassemble the Service; (b) use the Service to process data in violation of applicable privacy laws; (c) attempt to circumvent tenant isolation, RLS policies, or RBAC controls; (d) use the Service for any illegal purpose; (e) resell or sublicense the Service without prior written consent; (f) interfere with or disrupt the integrity or performance of the Service.

4.4 Subscription Tiers. Features are gated by Subscription tier. A/B testing requires Professional or higher. Custom webhooks require Enterprise. Feature availability may change with reasonable notice.

5.1 Fees. You agree to pay all fees associated with your Subscription tier as described in the applicable order form or pricing page. All fees are quoted in Indian Rupees (INR) or United States Dollars (USD) as specified.

5.2 Billing Cycle. Subscriptions are billed monthly or annually in advance. Annual subscriptions receive a discount as published on our pricing page.

5.3 Taxes. All fees are exclusive of applicable taxes, including GST (India), VAT (EU), and sales tax (US). You are responsible for all applicable taxes except those based on our net income.

5.4 Late Payment. Invoices are due within 30 days. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We reserve the right to suspend Service access for accounts overdue by more than 15 days.

5.5 Refunds. Annual subscriptions may be refunded on a pro-rata basis within the first 30 days. Monthly subscriptions are non-refundable. Refunds are processed within 14 business days.

6.1 Your Data. You retain all rights, title, and interest in your Customer Data. We do not claim ownership of any data you upload to the Service. You grant us a limited license to process your Customer Data solely for the purpose of providing the Service.

6.2 Data Processing. We process Customer Data as a data processor (GDPR) / data processor (DPDPA) / service provider (CCPA) on your behalf. Our processing is governed by the Data Processing Agreement incorporated by reference into these Terms.

6.3 Tenant Isolation. Your Customer Data is isolated from other customers at the database level via PostgreSQL Row-Level Security. No customer can access another customer's data through any means.

6.4 Data Portability. You may export your Customer Data at any time via the platform's export features (CSV, JSON, PDF). Upon Subscription termination, we will make your data available for export for 30 days before deletion.

6.5 Privacy Policy. Our collection and use of personal data is described in our Privacy Policy, which is incorporated by reference.

7.1 Our Property. The Service, including all software, APIs, documentation, designs, algorithms, and underlying technology, is and remains the exclusive property of FOCTTA. These Terms do not grant you any intellectual property rights in the Service except the limited usage rights described herein.

7.2 Feedback. If you provide suggestions, feature requests, or other feedback regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Service without attribution or compensation.

7.3 Trademarks. "FOCTTA" and associated logos are trademarks of FOCTTA Technologies Private Limited. You may not use our trademarks without prior written permission, except as reasonably necessary to identify the Service in your own documentation.

8.1 Service Warranty. We warrant that the Service will perform materially in accordance with our published documentation during your Subscription term. If the Service fails to conform, your exclusive remedy is for us to use commercially reasonable efforts to correct the non-conformity.

8.2 Uptime Commitment. We target 99.9% uptime for the Service, measured monthly. Scheduled maintenance windows are excluded from uptime calculations and will be communicated at least 48 hours in advance.

8.3 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8.4 No Legal Advice. The Service is a compliance management tool. It does not constitute legal advice. You are responsible for determining the applicability of privacy laws to your operations and should consult qualified legal counsel.

9.1 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9.2 Exclusion. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

9.3 Exceptions. The limitations in this section do not apply to: (a) your breach of Section 4.3 (Acceptable Use); (b) your payment obligations; (c) either party's indemnification obligations; (d) liability that cannot be excluded under applicable law.

10.1 Your Indemnification. You agree to indemnify and hold FOCTTA harmless from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your Customer Data; (c) your violation of any applicable law or regulation; (d) your breach of any third-party rights.

10.2 Our Indemnification. We will indemnify and defend you from third-party claims alleging that the Service infringes any patent, copyright, or trademark, provided you give us prompt notice and reasonable cooperation in the defense.

11.1 By You. You may terminate your Subscription at any time by contacting us or through the account settings. For annual subscriptions, termination takes effect at the end of the current billing period.

11.2 By Us. We may suspend or terminate your access if: (a) you breach these Terms and fail to cure within 30 days of notice; (b) your account is overdue by more than 30 days; (c) you engage in activity that threatens the security or integrity of the Service; (d) required by law or regulatory authority.

11.3 Effect of Termination. Upon termination: (a) your access to the Service is revoked; (b) your Customer Data remains available for export for 30 days; (c) after the 30-day grace period, your Customer Data is permanently deleted from our systems; (d) audit log archives in WORM storage are retained for 7 years per regulatory requirements.

11.4 Survival. Sections 6 (Data Ownership), 7 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), and 13 (Governing Law) survive termination.

We may modify these Terms from time to time. We will provide at least 30 days' notice of material changes by email or in-app notification. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use before the effective date.

13.1 Governing Law. These Terms are governed by the laws of India, without regard to conflict of law principles. For customers in the European Economic Area, mandatory consumer protection laws of your country of residence apply.

13.2 Arbitration. Any dispute arising from these Terms shall be resolved by binding arbitration administered under the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be Bangalore, India. The language of arbitration shall be English.

13.3 Injunctive Relief. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.

14.1 Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any applicable order form, constitute the entire agreement between you and FOCTTA regarding the Service.

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

14.3 Waiver. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

14.5 Force Majeure. Neither party shall be liable for any failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, pandemic, government action, or infrastructure failures.

14.6 Notices. All legal notices must be sent to legal@foctta.com or to the email address associated with your account.