Terms and conditions

These terms form an agreement between ViXR India Private Limited("we", "us") and the organisation that subscribes to PermitWiseAI("Customer"). An order form or subscription agreement signed with us takes precedence over these terms where the two conflict.

If you accept these terms for an organisation, you confirm you have authority to bind it. Individual users use the service under their organisation's subscription.

• Organisation accounts are created by invitation after an access request is accepted.
• The Customer's administrators decide who has access and which role each person holds, and must remove access promptly when someone leaves.
• Each user must keep their credentials private. Actions taken with a user's account are treated as taken by that user, which is what makes the audit trail meaningful.

PermitWiseAIis a tool for managing and recording safe systems of work. It does not replace competent persons, site risk assessments, or the Customer's legal duties.

• The Customer remains responsible for complying with the laws that apply to its sites, including the Factories Act, 1948, the Occupational Safety, Health and Working Conditions Code, 2020, state rules, and any industry standards it has adopted.
• The Customer configures permit types, approval routes, isolation plans and checklists, and is responsible for their adequacy for the hazards at its sites.
• The Customer must keep a fallback procedure for issuing and closing permits and isolations if the service is unavailable, and must never delay an emergency response to use the service.

The Customer owns the data it and its users put into the service ("Customer Data"). It grants us permission to host and process Customer Data only to provide, secure and support the service, and as described in our privacy policy. For personal data, the Customer is the Data Fiduciary and we are its Data Processor under the Digital Personal Data Protection Act, 2023.

The Customer is responsible for having a lawful basis to record its workforce's personal data, and for giving them any notices the law requires.

The Customer and its users must not:

• use the service in breach of law or to record information they have no right to record;
• try to access another organisation's data or bypass role or tenant restrictions;
• probe, overload or disrupt the service, or introduce malicious code;
• resell, sublicense or copy the service, or reverse engineer it except as the law allows.

Fees, modules and billing periods are set out in the order form. Fees exclude GST and other applicable taxes, which are charged in addition. Invoices are payable within [30] days. If an undisputed invoice is more than [30] days overdue, we may suspend the service after giving [15] days' written notice.

We aim to keep the service available [99.5]% of each month, excluding scheduled maintenance announced in advance. Support is available by email at info@permitwiseai.cloud during 10:00–18:00 IST, Monday to Friday. Any service credits are set out in the order form.

We own the service, its software and its documentation. The Customer receives a non-exclusive, non-transferable right to use the service during the subscription. Feedback the Customer gives may be used to improve the service without obligation.

Each party will protect the other's confidential information with at least reasonable care and use it only for this agreement. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law.

We will provide the service with reasonable skill and care and in line with its documentation. Apart from that, the service is provided "as is", and to the extent the law allows we disclaim all other warranties, including fitness for a particular purpose and uninterrupted or error-free operation.

• Neither party is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill.
• Each party's total liability under this agreement is limited to the fees paid or payable by the Customer in the 12 months before the claim arose.
• These limits do not apply to fraud, a breach of confidentiality, the Customer's payment obligations, or liability that cannot be limited by law.

We will defend the Customer against third-party claims that the service infringes their intellectual property. The Customer will defend us against third-party claims arising from Customer Data or from its use of the service in breach of these terms, including claims arising from work carried out at its sites.

• The agreement runs for the subscription term in the order form and renews as stated there.
• Either party may terminate if the other materially breaches it and does not fix the breach within 30 days of written notice.
• After termination the Customer may export its data for [90] days, after which we delete it as described in the privacy policy.

This agreement is governed by the laws of India. The parties will first try to settle any dispute through discussion between senior representatives. Failing that within 30 days, the dispute will be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated in Bengaluru, in English. Subject to that, the courts at Bengaluru have exclusive jurisdiction.

• Neither party is liable for delay caused by events beyond its reasonable control.
• Neither party may assign the agreement without consent, except to a successor of its business.
• If a clause is found unenforceable, the rest of the agreement continues to apply.
• We may update these terms by posting a new version here. Changes that reduce the Customer's rights take effect at the next renewal, unless required by law sooner.
• Notices to us: 7 & 8, 2nd Floor, 27th Main, HSR Sector 1, Bengaluru, Karnataka 560 102, with a copy to info@permitwiseai.cloud.