Terms of Service

These Terms of Service ("Terms") govern the access and use of MaintBoard's computerized maintenance management software (the "Service") by you ("Customer", "You") and MaintBoard Technologies ("MaintBoard", "We", "Us", "Our"), a company incorporated under the laws of India.

By using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree, do not use the Service.

1. Definitions

• MaintBoard: MaintBoard Technologies, a company incorporated under the laws of India, including its affiliates, officers, employees, and authorized representatives.
• Service: MaintBoard's computerized maintenance management software (CMMS), including its web and mobile applications, APIs, updates, and related online services provided by MaintBoard.
• Customer: The individual or organization that enters into these Terms and is responsible for payment, compliance, and use of the Service by its Authorized Users.
• Admin User: A user with full administrative privileges under your account.
• Authorized Users: Admin Users, technicians, requesters, or other individuals you permit to use the Service under your Subscription.
• Customer Data: Any data, content, or information you or your Authorized Users submit to the Service.
• Documentation: User guides, help articles, and feature descriptions published by MaintBoard.
• Order Form: An online or signed form specifying your Subscription details, including pricing, term, and number of Authorized Users.
• Professional Services: Implementation, training, customization, or integration services purchased separately from the Subscription.
• Subscription Term: The period of authorized access to the Service as specified in an Order Form, including any renewals.
• Third-Party Tools: Software, applications, or services not owned by MaintBoard but integrated or used in connection with the Service.

2. Free Trial

We may offer the Service on a free trial basis. The trial will continue until the earlier of (a) the end of the trial period communicated to you, or (b) the start date of your paid Subscription.

During the trial, the Service is provided "as is" without any warranties, support, or service level commitments.

Unless you purchase a Subscription before the trial ends, all Customer Data and configurations entered into the Service during the trial may be permanently deleted, and we are not obligated to provide access to or recover such data.

3. Service Access

MaintBoard grants you a limited, non-exclusive, non-transferable right to access and use the Service during the Subscription Term, solely for your internal business operations and in accordance with these Terms and the applicable Order Form.

You may not rent, lease, resell, sublicense, or otherwise provide access to the Service to any third party. You may not use the Service to develop or operate a competing product or service.

MaintBoard may enhance, modify, or discontinue features of the Service at its discretion, provided that such changes do not materially reduce the overall functionality of the Service during the Subscription Term.

MaintBoard will use commercially reasonable efforts to make the Service available, but does not guarantee uninterrupted or error-free operation. Any service level commitments will apply only if set out in a separate Service Level Agreement (SLA).

4. Customer Responsibilities

You must:

• Pay fees as specified in your Order Form.
• Ensure Authorized Users comply with these Terms.
• Protect login credentials and prevent unauthorized use.
• Use the Service only in compliance with law and these Terms.

You may not:

• Resell, sublicense, or distribute the Service.
• Attempt to reverse engineer or copy the Service.
• Use the Service to transmit unlawful, infringing, or harmful content.

5. Fees & Payments

All fees are invoiced in INR or USD as applicable, exclusive of GST and any other applicable taxes, which you are responsible for.

Payments are due in advance, either monthly or annually, as specified in the applicable Order Form.

Late payments may accrue interest at 1.5% per month or the maximum rate permitted under Indian law, whichever is lower, and MaintBoard may suspend access to the Service until amounts are paid.

All fees are non-refundable except as expressly stated in these Terms or the applicable Order Form.

You must pay all amounts due without set-off, deduction, or withholding of any kind.

MaintBoard may adjust fees for any renewal Subscription Term by providing at least thirty (30) days' prior written notice before the end of the current term.

6. Data Protection & Security

MaintBoard implements reasonable administrative, physical, and technical measures to protect Customer Data against unauthorized access, loss, or disclosure.

Customer Data remains your property. You grant MaintBoard a limited license to host, copy, transmit, and process Customer Data only as necessary to provide the Service and comply with applicable law.

MaintBoard may generate and use aggregated or anonymized data that does not identify you or your Authorized Users for analytics, benchmarking, and product improvement.

Upon termination or expiration of your Subscription, MaintBoard will retain Customer Data for thirty (30) days to allow for export. After this period, Customer Data may be permanently deleted in accordance with MaintBoard's standard data deletion practices.

7. Intellectual Property

MaintBoard retains all rights, title, and interest in the Service, including its software, technology, and documentation, as well as all related intellectual property rights. No rights are granted to you other than those expressly set out in these Terms.

You retain ownership of all Customer Data. MaintBoard's use of Customer Data is limited to the rights granted in Section 6 (Data Protection & Security).

MaintBoard may freely use any feedback, suggestions, or improvements you provide without restriction or obligation.

8. Confidentiality

Each party must protect the other's confidential information with the same care it uses to protect its own similar information, and in no event less than reasonable care. Confidential information may only be used to perform obligations or exercise rights under these Terms.

Neither party may disclose the other's confidential information except (a) to employees, contractors, or advisors who need to know it and are bound by confidentiality obligations no less restrictive than these Terms, or (b) as required by law or court order, provided the receiving party gives prompt notice where legally permitted.

Confidentiality obligations will survive termination of these Terms for a period of three (3) years, except for trade secrets, which remain protected as long as they are confidential.

9. Warranties & Disclaimers

MaintBoard warrants that the Service will perform in all material respects as described in the Documentation during the Subscription Term.

Except as expressly provided, the Service is provided "as is" and MaintBoard disclaims all other warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10. Indemnity

By MaintBoard: MaintBoard will defend and indemnify you against third-party claims that your permitted use of the Service infringes intellectual property rights, provided you promptly notify MaintBoard of the claim, give full cooperation, and allow MaintBoard sole control of the defense and settlement. This obligation does not apply to claims based on (a) use of the Service in combination with other products or services not provided by MaintBoard, (b) modifications not made by MaintBoard, or (c) Customer Data.

By Customer: You will defend and indemnify MaintBoard against claims, damages, or expenses arising from (a) your breach of these Terms, (b) your unlawful use of the Service, or (c) Customer Data violating law or third-party rights.

11. Limitation of Liability

MaintBoard's total liability for any claim arising out of or relating to these Terms will not exceed the fees you paid for the Service in the twelve (12) months immediately preceding the claim.

To the maximum extent permitted by law, MaintBoard will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.

The above limitations will not apply to (a) a party's indemnification obligations under Section 10, (b) breach of confidentiality obligations under Section 8, or (c) damages caused by fraud, gross negligence, or willful misconduct.

12. Term & Termination

These Terms remain in effect until all Subscriptions expire or are terminated.

• Auto-Renewal: Subscriptions automatically renew for successive terms equal to the expiring Subscription Term unless either party provides written notice of non-renewal at least 30 days before the end of the current term.
• Termination for Convenience: Either party may terminate a Subscription or these Terms for any reason by giving at least 30 days' prior written notice. Fees already paid are non-refundable.
• Termination for Cause: Either party may terminate for material breach if the breach is not cured within 30 days of written notice. MaintBoard may suspend or terminate access immediately for non-payment, unlawful use, or violation of Section 4 (Customer Responsibilities).
• Data Retrieval: Upon termination or expiration, all unpaid fees become due. MaintBoard will make Customer Data available for export for 30 days following termination, after which it may be permanently deleted.
• Survival: Sections relating to confidentiality, intellectual property, indemnity, limitations of liability, and governing law will survive termination.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed under the laws of India.

The parties will first attempt to resolve any dispute amicably through good-faith negotiations.

If unresolved within 30 days, the dispute will be referred to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration will be conducted in English, seated in Hyderabad, India, before a sole arbitrator mutually appointed by the parties.

The award of the arbitrator will be final and binding. Courts in Hyderabad, India, will have exclusive jurisdiction for the enforcement of the award and for interim relief.

Class Action Waiver: Each party agrees that disputes will be resolved only on an individual basis. Neither party may bring or participate in a class, consolidated, or representative action against the other.

14. General

• You may not assign or transfer these Terms without MaintBoard's prior written consent, except in connection with a merger or sale of all or substantially all of your assets. MaintBoard may assign these Terms without restriction.
• MaintBoard may list your company name and logo as a customer in its marketing materials unless you provide written notice opting out.
• If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• These Terms, together with any applicable Order Form, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
• MaintBoard may update these Terms from time to time. We will provide notice of material changes. Continued use of the Service after the effective date of changes constitutes acceptance.

15. Contact