Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Uniify platform (the “Platform”) and related services (the “Services”) provided by Arkgeniq Private Limited (“Uniify”, “we”, “us”, or “our”).
By registering for, accessing, or using the Platform or Services, you (“you”, “your”, “Client”, or “Organization”) agree to be bound by these Terms.
If you do not agree, please do not use the Platform.
1. Definitions
- Client Data: All data uploaded, submitted, collected, or derived via the Platform by you or your users.
- User: An individual authorized by you to access the Platform (employees, administrators, contractors).
- Subscription: Your license to use the Platform under a paid plan as described in your order form or agreement.
- Documentation: Any guides, training materials, and user support documents provided by Uniify.
- Confidential Information: Any non-public information marked or reasonably understood to be confidential.
2. Provision of Services
Uniify will provide the Services during the Subscription Term in accordance with these Terms.
We will use commercially reasonable efforts to ensure continuous service availability in line with our uptime and support standards.
3. License Grant
Subject to your compliance with these Terms, Uniify grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and Documentation solely for your internal business purposes.
4. User Responsibilities
You agree to:
- Provide accurate and complete information when registering.
- Ensure your Users comply with these Terms and all applicable laws.
- Obtain all necessary consents for the use of Client Data.
- Not misuse the Services, reverse engineer, or copy the Platform.
- Not use the Services to violate laws, infringe rights, or harm others.
5. Client Data
You own all rights and title to your Client Data.
Uniify processes this data solely on your behalf and for the purpose of providing the Services.
We will not access, view, or use your Client Data except as necessary to maintain, support, or improve the Platform.
6. Fees and Payment
You agree to pay all applicable fees in accordance with your order form or agreement.
All fees are non-refundable unless otherwise stated. Late payments may result in suspension of access to the Services.
7. Confidentiality
Each Party agrees to keep the other’s Confidential Information strictly confidential and to use it only for the purpose of fulfilling its obligations under these Terms.
Disclosure is permitted only to employees or contractors bound by similar confidentiality obligations, or as required by law.
8. Intellectual Property
Uniify retains all intellectual property rights in the Platform, Services, and Documentation.
You retain ownership of your Client Data.
Feedback or suggestions provided by you may be freely used by Uniify without obligation.
9. Warranties and Disclaimers
- Each Party represents that it has full authority to enter into this Agreement.
- Uniify warrants that the Services will be provided in a professional and workmanlike manner.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. Limitation of Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR DATA).
UNIIFY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Term and Termination
Your subscription begins on the effective date of your order form and continues until the end of the Subscription Term.
Either Party may terminate:
- For cause, if the other Party materially breaches and fails to cure within 30 days of notice.
- Immediately, if the other Party becomes insolvent or ceases operations.
Upon termination, Uniify may delete or anonymize your Client Data in accordance with our Privacy Policy and Data Retention Policy.
12. Data Protection
Both Parties agree to comply with applicable data protection laws, including GDPR, UK GDPR, CCPA/CPRA, PDPA, and UAE Data Protection Law.
Uniify acts as the Data Processor, and Clients act as Data Controllers.
Our Data Processing Addendum (DPA) forms part of these Terms and governs all data handling activities.
13. Global Compliance
Uniify complies with global privacy frameworks including:
- GDPR (EU/EEA and UK)
- CCPA/CPRA (California, USA)
- PDPA (Singapore)
- UAE Federal Data Protection Law (2023)
We also follow international cybersecurity standards such as ISO 27001 and ensure regional data residency where applicable.
14. Export Compliance
You agree not to use or export the Services in violation of applicable export control or sanctions laws of India, the United States, the European Union, or any other jurisdiction.
Uniify’s products are not designed for use by restricted entities or in prohibited territories.
15. Service Availability and Support
Uniify provides Services with commercially reasonable efforts to maintain 99% uptime, excluding planned maintenance.
Support is available via email and WhatsApp between 10 AM – 5 PM IST, Monday to Friday.
Emergency assistance may be provided at our discretion outside these hours.
16. Publicity Rights
Unless otherwise agreed in writing, Uniify may include your name, logo, and general description of your use of the Platform in our marketing materials, case studies, and website.
We will always ensure such references are factual and respectful.
17. Non-Solicitation and Fair Use
You agree not to:
- Reverse engineer or replicate the Platform.
- Solicit or hire Uniify employees or contractors during the term of engagement and for one (1) year thereafter.
You also agree to use the Services only for lawful, organizational purposes.
18. Hosting and Security
Uniify hosts its Services on secure cloud infrastructure (AWS, India region) with:
- Encryption at rest and in transit
- Role-based access controls
- Regular vulnerability and penetration testing
- 24×7 monitoring and intrusion detection
We are committed to maintaining ISO 27001-level data security standards.
19. Accessibility Compliance
Uniify strives to meet global accessibility standards (including WCAG 2.1) to ensure inclusive user experiences.
20. Force Majeure
Neither Party will be liable for delays or failure to perform due to causes beyond their reasonable control, including natural disasters, strikes, war, or internet disruptions.
21. Changes to Terms
Uniify may modify these Terms periodically.
We will notify Clients by email or through the Platform. Continued use of the Services after such updates constitutes acceptance of the revised Terms.
22. Governing Law and Dispute Resolution
These Terms are governed by the laws of India, without regard to conflict of law principles.
Any disputes shall be subject to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India.
Parties agree to first attempt resolution via mediation or arbitration before litigation.
23. General Provisions
- Neither Party may assign these Terms without the other’s consent, except to a successor entity in a merger or acquisition.
- If any clause is found unenforceable, the remainder will continue in effect.
- These Terms, along with the Privacy Policy, DPA, and Order Form, constitute the entire agreement between the Parties.
- English shall be the governing language of this Agreement.
24. Contact Information
Uniify (Arkgeniq Private Limited)
6th Floor, Block B, Tecci Park, Sholinganallur, Chennai – Tamil Nadu, India