Terms of Service

1. Introduction & Acceptance of Terms

Welcome to MyHuB, an IoT-enabled smart facility management platform operated by MyHuB IoTech Private Limited (“Company”), a DPIIT-recognized startup under Startup India. By accessing and using our platform, products, and services, you (“Client” or “User”) accept and agree to be bound by these Terms of Service in accordance with the Information Technology Act, 2000 (Amended 2008), the Indian Contract Act, 1872, and all applicable Indian laws. These terms constitute a legally binding agreement between you and the Company.

2. Definitions

• “Platform” refers to the MyHuB web dashboard, mobile applications (Android & iOS), APIs, WhatsApp integrations, and all associated services
• “Hardware” means IoT sensors, gateways, service desks (feedback tablets), and accessories supplied by the Company
• “SaaS Services” means the cloud-hosted software platform including the web dashboard, mobile apps, API integrations, WhatsApp workflows, and platform services
• “Client” means the organization or individual that has entered into a service agreement with the Company
• “Confidential Information” includes all proprietary data, trade secrets, business information, IoT sensor data, and technical information
• “Services” means all features, functionalities, hardware, support, and data provided by the Company

3. Service Description

MyHuB provides a comprehensive smart facility management solution comprising:

• IoT Hardware: Sensors (occupancy, temperature, humidity, dispenser level), gateways, service desks, and accessories for real-time facility monitoring
• Web Dashboard: Real-time analytics, incident management, scoring (SWAAS, SES, SUS), AI-powered insights, and operational command center
• Mobile App: Native Android and iOS applications for on-the-go facility management and task tracking
• WhatsApp Integration: Automated alerts, escalation workflows, and human-in-the-loop task management via WhatsApp
• API & Cloud Integration: Cloud-hosted APIs, data processing, and third-party system integrations
• Customer Success & Maintenance: Ongoing support, device health monitoring, and software updates

4. Hardware Warranty & Delivery

The following terms govern the supply, installation, and warranty of IoT hardware:

• All IoT devices carry a 12-month warranty from the date of installation, covering manufacturing defects
• Warranty excludes damage due to misuse, tampering, unauthorized modifications, power surges, water damage, or environmental factors beyond specified operating conditions
• Defective devices will be replaced within 5 business days of verified defect confirmation
• Hardware delivery and installation will be completed within 4–6 weeks from receipt of purchase order and advance payment
• The Client shall ensure site readiness (power supply, Wi-Fi/network access, physical access) prior to scheduled installation
• A backup device pool (typically 10% of deployed devices) is maintained to minimize downtime during replacements
• Post-warranty, hardware maintenance is covered under the Annual Maintenance Contract (AMC), billed separately

5. SaaS Subscription Terms

• SaaS subscriptions are billed annually per unit (e.g., per washroom, per zone) as specified in the service agreement
• Subscriptions include access to the MyHuB Web Dashboard, Mobile App (Android & iOS), WhatsApp Integration, API & Cloud Integration, and Platform services
• Subscriptions are non-refundable once activated, except in cases of material breach by the Company
• The subscription period commences from the date of platform activation and runs for 12 months
• Software updates, security patches, and feature enhancements are included at no additional cost during the subscription period

6. Service Level Agreement (SLA)

If platform uptime falls below the committed SLA in any calendar month, the Client may request proportional service credits for the affected period, applied to the next billing cycle.

7. Payment Terms

• All invoices are payable within 30 days from the date of invoice, unless otherwise agreed in writing
• All prices are quoted in Indian Rupees (INR) and are exclusive of applicable taxes (GST/IGST)
• Hardware procurement may require advance payment or milestone-based payments as specified in the purchase order
• Late payments beyond the due date shall attract an interest charge of 1.5% per month on the outstanding amount
• The Company reserves the right to suspend services if payment is overdue by more than 60 days, after providing 15 days’ written notice
• All payments shall be made via bank transfer (NEFT/RTGS/IMPS) to the Company’s designated bank account

8. Renewal & Price Escalation

• SaaS subscriptions auto-renew annually unless either party provides 60 days’ written notice prior to the renewal date
• Annual SaaS and maintenance charges are subject to a maximum escalation of 10% per year upon renewal
• Hardware AMC commences after the warranty period and is billed annually
• The Company will provide renewal pricing at least 90 days before the subscription expiry date

9. Customer Support & Maintenance

• Support is available Monday to Saturday, 9:00 AM – 6:00 PM IST via email, WhatsApp, and phone
• Critical issues (platform outage, data loss) are handled on a priority basis with 24/7 escalation
• Maintenance includes preventive device health checks, firmware updates, and calibration as needed
• On-site support is provided for hardware issues that cannot be resolved remotely
• A dedicated Customer Success Manager (CSM) is assigned for enterprise accounts

10. Intellectual Property & Licensing

• All software, algorithms, scoring models (SWAAS, SES, SUS), platform IP, and proprietary technology remain the exclusive property of MyHuB IoTech Private Limited
• The Client is granted a non-exclusive, non-transferable, revocable license to use the platform for the duration of the active subscription
• The Client shall not reverse-engineer, decompile, or attempt to extract the source code of any software provided
• IoT sensor data collected from the Client’s premises belongs to the Client; however, anonymized and aggregated data may be used by the Company for platform improvement and benchmarking
• Patent-pending technologies are protected under the Patents Act, 1970

11. Acceptable Use Policy

The Client agrees not to:

• Use the platform for any unlawful purpose or in violation of applicable laws
• Attempt to gain unauthorized access to the platform, other accounts, or connected systems
• Interfere with, disrupt, or place undue burden on the platform or its infrastructure
• Share login credentials with unauthorized individuals or allow access beyond licensed users
• Use automated scripts, bots, or scraping tools to extract data from the platform without prior written consent
• Tamper with, modify, or physically alter any installed IoT hardware without authorization

12. Confidentiality & Non-Disclosure

Both parties agree to maintain strict confidentiality of all proprietary information, trade secrets, business data, IoT sensor data, and technical information exchanged during the course of this engagement. Confidential information shall not be disclosed to any third party without prior written consent, except as required by law or regulatory authorities. All data shared through this platform is confidential, and any breach constitutes a criminal offense under applicable Indian law.

13. Criminal Liability for Breach

Any unauthorized access, use, disclosure, or sharing of Confidential Information shall constitute criminal offenses under:

Information Technology Act, 2000 (Amended 2008):

Indian Penal Code (IPC) / Bharatiya Nyaya Sanhita (BNS):

14. Limitation of Liability

• The Company’s total aggregate liability for any claims arising from or related to the services shall not exceed the total fees paid by the Client in the 12-month period immediately preceding the claim
• The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or business opportunity
• The Company is not liable for failures caused by the Client’s network infrastructure, power supply, or non-compliance with site readiness requirements
• Force majeure events (see Section 16) are excluded from liability calculations

15. Termination

• Either party may terminate this agreement with 90 days’ written notice
• The Company may terminate immediately if the Client breaches any material term and fails to cure within 30 days of written notice
• Upon termination, the Client’s access to the platform will be revoked, and all installed hardware remains the property of the Company unless purchased outright
• Data portability: Upon request, the Company will export the Client’s data in a standard format (CSV/JSON) within 30 days of termination
• Client data will be retained for 90 days post-termination for retrieval purposes, after which it will be permanently deleted
• Any outstanding payments remain due and payable upon termination

16. Force Majeure

Neither party shall be liable for delays or failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, pandemics, government actions, war, terrorism, strikes, power outages, internet service disruptions, or cyber-attacks. The affected party shall notify the other party within 7 days of such event and make reasonable efforts to mitigate its impact. If a force majeure event continues for more than 90 days, either party may terminate this agreement without penalty.

17. Indemnification

• The Client shall indemnify the Company against any claims arising from the Client’s misuse of the platform, violation of these terms, or infringement of third-party rights
• The Company shall indemnify the Client against any claims that the platform infringes any valid intellectual property rights of a third party in India

18. DPIIT Recognition & Startup India Benefits

MyHuB IoTech Private Limited is recognized by the Department for Promotion of Industry and Internal Trade (DPIIT) under the Startup India initiative, entitling us to:

• Government tender preferences as per Public Procurement Policy
• Intellectual Property protection benefits under Startup India
• Self-certification compliance under labor and environmental laws
• Patent-pending technology protection under the Patents Act, 1970

19. Data Security Obligations

Both parties shall comply with the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the Digital Personal Data Protection Act, 2023 (DPDP Act). The Company maintains ISO 27001 aligned security practices, TLS 1.3 encryption in transit, AES-256 encryption at rest, and role-based access controls. For full details on data handling practices, please refer to our Privacy Policy.

20. Dispute Resolution & Jurisdiction

Any disputes arising from or in connection with these terms shall first be attempted to be resolved amicably through good-faith negotiation. Failing resolution within 30 days, disputes shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English, with the seat in Visakhapatnam, Andhra Pradesh, India. The decision of the arbitrator(s) shall be final and binding.

21. Governing Law

These terms are governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000, Indian Contract Act, 1872, IPC / Bharatiya Nyaya Sanhita, and the Digital Personal Data Protection Act, 2023.

22. Amendments

The Company reserves the right to update these Terms of Service at any time. Material changes will be communicated to the Client via email or platform notification at least 30 days prior to taking effect. Continued use of the platform after such changes constitutes acceptance of the revised terms.

23. Contact Information