Legal Documents

Terms of Services

These Terms & Conditions along with associated policies (“Agreement”) govern the access to and use of the Enabill Cloud Platform (“Platform”) provided by Envecon LDA (“Company”/ “Envecon”) and constitute a legally binding agreement with the user (“User”).

Content

1. Acceptance

1.1. Access to or use of the Platform constitutes unconditional acceptance of this Agreement.

1.2. Continued use constitutes acceptance of any updates or modifications.

2. Definitions

2.1. “Platform” means the Enabill Cloud Platform, including all associated software, applications, modules, APIs, AI-enabled functionalities, databases, and related services provided by the Company.

2.2. “User” means any individual, entity, organization, employee, contractor, or authorized representative accessing or using the Platform.

2.3. “Services” means all cloud-based ERP services, applications, hosting, integrations, analytics, automation features, support services, and related functionalities provided through the Platform.

2.4. “User Data” means all data, content, information, records, documents, images, configurations, inputs, and materials uploaded, stored, processed, or transmitted by the User through the Platform.

2.5. “AI Features” means any artificial intelligence, machine learning, automated analytics, image processing, or system-generated functionality made available through the Platform.

2.6. “Confidential Information” means any non-public business, technical, operational, financial, or proprietary information disclosed by either party in connection with the Platform or Services.

2.7. “Applicable Laws” means all laws, rules, regulations, governmental notifications, circulars, and statutory requirements applicable to the use of the Platform or Services.

2.8. “Third-Party Services” means services, infrastructure, APIs, software, hosting providers, analytics tools, or integrations provided by entities other than the Company.

3. Eligibility

3.1. The Platform may be used only by individuals or entities capable of entering into legally binding contracts under applicable law.

4. Scope of Services

4.1 The Platform may provide cloud-based ERP solutions, applications, and AI-enabled functionalities.

4.2 Services are delivered via a multi-tenant architecture and may include integrations, analytics, and automation features.

4.3 Envecon may modify, suspend, or discontinue any part of the Platform at its discretion.

5. License & Usage Rights (EULA)

5.1 Envecon grants a limited, non-exclusive, non-transferable, revocable license to use the Platform.

5.2 No ownership or intellectual property rights are transferred to the User.

5.3 The User shall not reverse engineer, copy, modify, distribute, or misuse the Platform.

5.4 Intellectual Property Ownership: All rights, title, and interest in and to the Platform, including software, source code, APIs, AI models, documentation, trademarks, logos, databases, configurations, and related intellectual property, shall remain exclusively owned by Envecon and/or its licensors.

6. Subscription & Access Model

6.1 Access to the Platform is provided on a subscription or license basis.

6.2 The Platform operates on shared infrastructure; exclusive resource allocation is not guaranteed.

7. User Obligations

7.1 The User shall use the Platform in compliance with all applicable laws and regulations.

7.2 The User shall ensure that all data, inputs, and configurations are lawful, accurate, and authorized.

7.3 The User shall not attempt unauthorized access, introduce malicious code, or disrupt system integrity.

8. Regulatory Positioning

8.1 Envecon acts solely as a technology service provider.

8.2 Envecon does not assume responsibility for the User’s regulatory, statutory, or legal compliance.

8.3 The User is solely responsible for compliance with applicable laws and industry requirements.

8.4 Envecon does not assume any regulatory or statutory obligations on behalf of the User and shall not be liable for any penalties, fines, or actions arising from the User’s non-compliance.

8.5 Envecon does not warrant that the Platform or Services will ensure compliance with any specific law, regulation, industry standard, or governmental requirement.

9. Data Responsibility

9.1 The User retains ownership and full responsibility for all data processed on the Platform.

9.2 Envecon does not verify or validate user data and shall not be responsible for its legality or accuracy.

9.3 The User represents and warrants that all data uploaded, processed, or stored on the Platform is lawfully obtained, accurate, and compliant with applicable laws and does not infringe any third-party rights.

10. Privacy Policy & Data Processing

10.1 Envecon may collect personal, technical, and usage data including name, contact details, IP address, device information, logs, and AI-processed data.

10.2 Data is collected for service delivery, analytics, security, compliance, and system improvement.

10.3 Data may be stored on cloud infrastructure and databases (including MySQL or equivalent systems).

10.4 Data may be shared with affiliates, service providers, AI integrations, auditors, or regulatory authorities as required by law.

10.5 Envecon acts as a Data Processor, and the User/client acts as a Data Controller where applicable. Envecon shall process data solely on documented instructions of the User and shall not be responsible for determining the legality, purpose, or means of such processing.

10.6 Data shall be retained for operational, legal, regulatory, and evidentiary purposes.

10.7 Any outputs generated through AI or automated functionalities are dependent on user inputs and configurations, and Envecon does not guarantee their accuracy, completeness, or regulatory compliance.

10.8 Security Measures: Envecon shall implement commercially reasonable technical and organizational measures to protect the Platform and User Data against unauthorized access, disclosure, alteration, misuse, or destruction. The User acknowledges that no electronic system, cloud infrastructure, or software environment can be guaranteed to be completely secure or free from vulnerabilities.

11. Service Levels (SLA)

11.1 Envecon targets commercially reasonable service availability on a best-effort basis, excluding maintenance and force majeure events.

11.2 Incident response and support shall be provided across defined levels (L1, L2, L3).

11.3 Downtime caused by third-party providers, user actions, or external factors shall be excluded.

11.4 Service levels are provided on a best-effort basis and shall not be construed as a guarantee of uninterrupted or error-free operation.

12. Monitoring, Audit & Disclosure

12.1 Envecon may monitor usage, maintain logs, and conduct audits for security and compliance purposes.

12.2 Envecon may disclose data and records to regulatory authorities or law enforcement where required by law.

13. Confidentiality

13.1. The User acknowledges that the Platform, Services, software, documentation, configurations, pricing, technical information, business processes, and related materials constitute confidential and proprietary information of Envecon.

13.2. The User shall maintain the confidentiality of such information and shall not disclose, reproduce, distribute, or use such information except as necessary for authorized use of the Platform.

13.3. Envecon shall implement reasonable safeguards for protection of User Data in accordance with applicable laws and industry practices.

14. Indemnity

14.1 The User shall indemnify, defend, and hold harmless Envecon from any claims, damages, penalties, fines, liabilities and reasonable legal fees arising from:

misuse of the Platform
breach of this Agreement
violation of applicable laws
infringement of third-party rights

15. Disclaimer of Warranties

15.1 The Platform is provided on an “as is” and “as available” basis without warranties of any kind.

16. Limitation of Liability

16.1 To the maximum extent permitted by law, Envecon shall not be liable, whether arising in contract, tort, negligence, strict liability, or otherwise, for any indirect, incidental, consequential, special, exemplary, or punitive damages, including regulatory penalties. This includes, without limitation, loss of data, loss of profits, business interruption, or decisions taken based on outputs generated by the Platform.

16.2 The total liability of Envecon shall not exceed the fees paid by the User in the preceding twelve (12) months.

17. Infrastructure & Third-Party Dependencies

17.1 The Platform operates on shared and third-party infrastructure.

17.2 The User acknowledges that the Platform operates in a multi-tenant environment and does not guarantee complete isolation beyond industry-standard safeguards.

17.3 Envecon shall not be liable for failures caused by cloud providers, APIs, integrations, or external systems.

17.4 Backup & Disaster Recovery: Envecon may maintain backup and disaster recovery mechanisms on a best-effort basis in accordance with operational requirements. The User remains responsible for maintaining independent backups of critical data. Envecon does not guarantee restoration or recovery of lost, corrupted, or inaccessible data.

18. Suspension & Termination

18.1 Envecon may suspend or terminate access without prior notice in case of breach, security risks, or legal requirements.

18.2 Envecon shall not be liable for consequences arising from such actions.

18.3 Clauses relating to confidentiality, intellectual property, indemnity, limitation of liability, dispute resolution, audit rights, data retention, payment obligations, and regulatory obligations shall survive termination or expiry of this Agreement.

19. Data Retention & Evidence

19.1 Envecon shall retain logs, audit trails, and system records for compliance and evidentiary purposes.

19.2 Electronic records including timestamps, IP addresses, and system logs shall constitute valid and admissible evidence under applicable laws, including the Information Technology Act, 2000.

19.3 Such records shall be maintained in a secure and tamper-resistant manner and shall be relied upon for audit, compliance, and legal proceedings.

20. Force Majeure

20.1 Envecon shall not be liable for failure or delay due to events beyond its reasonable control, including natural disasters, cyber incidents, or government actions.

21. Modifications

21.1 Envecon may modify this Agreement at any time.

21.2 Continued use constitutes acceptance of updated Terms

22. Governing Law & Dispute Resolution

22.1 This Agreement shall be governed by the laws of India.

22.2 Disputes shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, India. Subject to arbitration, courts located in Mumbai shall have exclusive jurisdiction.

23. User Acceptance & Electronic Records

23.1 Users shall provide explicit consent to this Agreement through a clickwrap mechanism.

23.2 Envecon shall record acceptance including User ID, timestamp, IP address, device details, and Terms version.

23.3 Such records shall be maintained securely and shall be considered valid legal evidence.

24. Platform Distribution & App Store Compliance

24.1 Where the Platform or its components are distributed via mobile applications (including Android or iOS), Envecon shall use commercially reasonable efforts to ensure that such applications, as developed and delivered by Envecon, comply with applicable app store policies and requirements to the extent such compliance is within Envecon’s reasonable control.

24.2 Envecon shall make available a publicly accessible Privacy Policy covering data collection, processing, storage, and sharing practices.

24.3 Envecon shall provide required disclosures relating to data handling, including submission of data safety or equivalent declarations as mandated by platform providers such as Google Play Store and Apple App Store.

24.4 The Platform may request device permissions strictly for functional and operational purposes, including but not limited to:

Camera access (for image capture, inspection, or AI-based processing such as damage detection)
Storage access (for file handling, uploads, and downloads)
Location access (where required for tracking, logistics, or yard/gate operations)

24.5 The User acknowledges and consents to such permissions being requested and used in accordance with the stated functionality and applicable laws.

24.6 Envecon shall not be liable for any restrictions, rejections, non-compliance, or actions arising from app store policy changes, third-party actions, circumstances beyond Envecon’s control, or post-deployment modifications made by the Client or any third party.

25. Entire Agreement

This Agreement constitutes the complete and entire understanding between the parties with respect to the access to and use of the Platform and supersedes all prior discussions, communications, representations, understandings, or agreements, whether written or oral, relating thereto.