Terms of Service

By accessing or using the EarthSync website at earthsync.io, our platform, or any related products and services (collectively, the “Services”), you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. 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 that entity, in which case “you” and “your” refer to that entity.

If you do not agree to these Terms, you must not access or use the Services. We may require you to accept updated Terms before continuing to use the Services.

For the purposes of these Terms:

• “Account” means a registered user account that grants access to the Services.
• “Content” means any text, data, reports, models, software, graphics, and other materials made available through the Services.
• “User Data” means the data, inputs, and information you or your authorised users submit to the Services.
• “Platform”means EarthSync’s software application for renewable energy planning, procurement, and market operations.
• “Output” means simulations, forecasts, analyses, estimates, and other results generated by the Services.

Subject to your compliance with these Terms, EarthSync grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.

Permitted use

You may use the Services only for lawful purposes and in accordance with these Terms, any order form or subscription agreement you have entered into with us, and all applicable laws and regulations. The Services are intended for business and professional use by participants in the renewable energy and power markets.

Account responsibilities

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your Account.
• You must provide accurate, current, and complete information when creating an Account and keep it up to date.
• You must notify us promptly at legal@earthsync.io of any unauthorised use of your Account or any other breach of security.
• You are responsible for ensuring that your authorised users comply with these Terms.

The Services and all Content, software, design, text, graphics, trademarks, logos, and other materials made available through them are owned by or licensed to EarthSync and are protected by copyright, trademark, and other intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

You retain all rights in your User Data. You grant EarthSync a non-exclusive, worldwide, royalty-free licence to host, process, and use your User Data solely to provide, maintain, and improve the Services and to generate Output for you. You may not copy, modify, distribute, reverse engineer, or create derivative works from the Services or Content except as expressly permitted by these Terms or by applicable law.

You agree that you will not, and will not permit any third party to:

• use the Services in any manner that violates any applicable law, regulation, or third-party right;
• access or attempt to access the Services through any means other than the interfaces we provide, or circumvent any access controls or usage limits;
• probe, scan, or test the vulnerability of the Services, or breach or otherwise interfere with any security or authentication measures;
• introduce any viruses, malware, or other malicious code, or otherwise disrupt the integrity or performance of the Services;
• use the Services to build a competing product, or resell, sublicense, or commercially exploit the Services without our written consent;
• scrape, harvest, or extract data from the Services using automated means, or use the Services to send unsolicited communications;
• upload or transmit any User Data that you do not have the right to provide or that infringes the rights of others.

We may suspend or restrict access to the Services if we reasonably believe your use violates these Terms or poses a risk to EarthSync, the Services, or other users.

The Services may contain links to, or interoperate with, third-party websites, data sources, and services that are not owned or controlled by EarthSync, including market data providers and exchanges. We provide these links and integrations for convenience only and do not endorse, and are not responsible for, the content, accuracy, availability, or practices of any third party.

Your use of any third-party website or service is governed by that third party’s own terms and policies, and you access them at your own risk.

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. EarthSync does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

Simulations, forecasts, estimates, and other Output generated by the Services are indicative estimates produced from models and assumptions and do not constitute financial, investment, legal, tax, or engineering advice. Energy markets, regulations, and project economics are inherently uncertain, and actual results may differ materially from any Output. You are solely responsible for independently verifying Output and for any decisions you make based on it. You should consult qualified professional advisers before acting on any Output.

To the maximum extent permitted by applicable law, EarthSync and its directors, officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or relating to your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, EarthSync’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the amounts you paid to EarthSync for the Services during the twelve (12) months immediately preceding the event giving rise to the claim, or, where no fees have been paid, INR 10,000.

You agree to defend, indemnify, and hold harmless EarthSync and its directors, officers, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Data, (c) your violation of these Terms, or (d) your violation of any applicable law or the rights of any third party.

These Terms remain in effect for as long as you access or use the Services. You may stop using the Services at any time. We may suspend or terminate your access to the Services, in whole or in part, at any time if you breach these Terms, if required by law, or if we discontinue the Services, in each case with reasonable notice where practicable.

Upon termination, your right to access and use the Services will cease. Provisions that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will continue to apply.

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or formation are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles.

The courts of Bengaluru, Karnataka, India will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services, and you submit to the exclusive jurisdiction of those courts.

We may update these Terms from time to time to reflect changes to the Services, our business, or applicable law. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you through the Services or by other reasonable means. Your continued use of the Services after the updated Terms take effect constitutes your acceptance of the revised Terms.

If you have any questions about these Terms or the Services, please contact us at the addresses below. We aim to respond to all legitimate enquiries within a reasonable time.