These Terms and Conditions constitute a legally binding agreement between you and Pankh.AI governing your access to and use of the Elite.pankh.ai platform. By registering for an account or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.
For the purpose of these Terms, the following definitions shall apply:
"Platform"
The Elite.pankh.ai product offered by Pankh.AI, accessible at Elite.pankh.ai, including all features, tools, interfaces, APIs, integrations, and related services therein.
"Services"
The AI-powered IT infrastructure management, cloud deployment, SaaS procurement, ML model management, cost optimisation, and related services offered through the Platform.
"User" or "Account Holder"
Any individual, company, organisation, or entity that registers for or uses the Platform.
"Organisation Account"
An account registered on behalf of a business, enterprise, or legal entity.
"User Data"
Any data, information, files, or content uploaded, submitted, or transmitted by the User through the Platform.
"Authorised User"
Any individual who is permitted by an Account Holder to access and use the Platform on their behalf.
"Intellectual Property"
All patents, trademarks, service marks, copyrights, trade secrets, know-how, software, algorithms, models, and related rights.
"Third-Party Services"
External platforms, cloud providers (including AWS, Azure, GCP), SaaS tools, and other services integrated with or accessible through the Platform.
2.1 Eligibility
The Platform is intended for use by individuals who are at least 18 years of age and have the legal capacity to enter into binding agreements. By registering, you represent and warrant that you meet these requirements. If you are accessing the Platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
2.2 Account Creation
To access the Services, you must create an account by providing accurate, current, and complete registration information. You agree to:
Maintain and promptly update your account information to keep it accurate, current, and complete.
Maintain the security and confidentiality of your account credentials, including passwords and API keys.
Notify us immediately at support@pankh.ai of any unauthorised access to or use of your account.
Take full responsibility for all activity occurring under your account, whether or not authorised by you.
2.3 Organisation Accounts
Where the Platform is accessed under an Organisation Account, the Account Holder is responsible for managing access for all Authorised Users and ensuring that such users comply with these Terms. The Account Holder shall be liable for the acts and omissions of all Authorised Users under the Organisation Account.
3.1 Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not use the Platform:
To violate any applicable local, national, or international law, regulation, or ordinance, including the Information Technology Act, 2000 (India) and associated rules.
To transmit any unsolicited commercial communications, spam, or chain messages.
To upload, transmit, or distribute any malware, viruses, ransomware, or any other harmful or malicious code.
To interfere with, disrupt, or damage the Platform's infrastructure, servers, networks, or security measures.
To attempt to gain unauthorised access to any account, system, or data on the Platform.
To reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Platform.
To use any automated tools, bots, scripts, or scrapers to access, extract, or index content from the Platform without our prior written consent.
To impersonate any person or entity, or misrepresent your affiliation with any person or entity.
To use the Platform to store or process data that is subject to export control restrictions without appropriate authorisation.
3.2 User Data Responsibilities
You are solely responsible for all User Data you upload, transmit, or process through the Platform. You represent and warrant that:
You own or have obtained all necessary rights, licences, consents, and permissions to use and share the User Data through the Platform.
The User Data does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
The User Data does not contain content that is illegal, harmful, abusive, defamatory, obscene, or otherwise objectionable.
You are responsible for maintaining appropriate backups of all User Data, and the Company shall not be liable for any loss of User Data.
3.3 Security Obligations
You agree to implement reasonable security measures to protect your account credentials and to prevent unauthorised access to the Platform. You shall promptly inform us of any known or suspected security breach involving your account.
Pankh.AI Elite.pankh.ai is an AI-driven platform that provides the following core services, subject to the plan and subscription tier selected:
IT Infrastructure Management
End-to-end monitoring, automation, and management of IT infrastructure across on-premises and cloud environments.
Cloud Resource Management
Unified management of cloud services across AWS, Microsoft Azure, and Google Cloud Platform (GCP), including automated resource provisioning, scaling, and cost optimisation.
SaaS Procurement and Management
Consolidated procurement, billing, and lifecycle management of SaaS tools and subscriptions under a single platform invoice.
ML Model Deployment
Tools and frameworks for training, deploying, and managing large-scale machine learning and AI models across multi-cloud environments.
Cost Optimisation
AI-based resource allocation and scheduling designed to reduce cloud and infrastructure expenditure.
Integrations and APIs
Connectivity with third-party cloud providers, SaaS platforms, and enterprise tools through secure APIs and pre-built integrations.
5.1 Subscription Plans and Fees
Certain features of the Platform are offered on a paid subscription basis. By selecting a paid plan, you agree to pay all applicable fees as described on our pricing page or as specified in any Order Form or service agreement entered into between you and the Company. All fees are quoted in Indian Rupees (INR) or as otherwise specified, exclusive of applicable taxes.
5.2 Billing and Payment
Fees for subscription plans are billed in advance on a monthly or annual basis, as applicable to the plan selected. You authorise the Company to charge your designated payment method for all applicable fees. You are responsible for providing accurate and up-to-date billing information. The Company shall not be liable for any failed payments resulting from insufficient funds, expired payment methods, or incorrect billing details.
5.3 Auto-Renewal
Unless you cancel your subscription before the end of the then-current billing period, your subscription will automatically renew at the then-current subscription rate. You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle, and no refunds shall be provided for any unused portion of the subscription period, except where required by applicable law.
5.4 Taxes
All fees are exclusive of applicable taxes, including Goods and Services Tax (GST) or any other indirect taxes as may be applicable under Indian law or the law of any other relevant jurisdiction. You are solely responsible for the payment of all such taxes. Where required, the Company will collect and remit applicable taxes on your behalf.
5.5 Late Payments and Suspension
In the event that any payment is not received by the due date, the Company reserves the right to (i) charge interest on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower; and (ii) suspend or restrict access to the Platform until all outstanding amounts are paid in full.
5.6 Price Changes
The Company reserves the right to modify its pricing at any time. For existing subscribers, price changes will take effect at the beginning of the next subscription renewal period following notice of the change. Continued use of the Platform after the effective date of a price change constitutes your acceptance of the revised pricing.
6.1 Ownership of the Platform
All rights, title, and interest in and to the Platform, including its software, source code, algorithms, AI models, interfaces, documentation, branding, trademarks, and all related Intellectual Property, are and shall remain the exclusive property of Pankh.AI and its licensors. Nothing in these Terms shall be construed as granting you any ownership interest in the Platform or any of its components.
6.2 Licence to Use the Platform
Subject to your compliance with these Terms and timely payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for your internal business purposes during the subscription period.
6.3 Licence to User Data
You retain all ownership rights in your User Data. By using the Platform, you grant the Company a limited, non-exclusive, worldwide, royalty-free licence to access, use, reproduce, process, and transmit your User Data solely as necessary to provide, maintain, and improve the Services, and as otherwise described in our Privacy Policy.
6.4 Feedback
If you submit any feedback, suggestions, ideas, or recommendations regarding the Platform ("Feedback"), you hereby grant the Company a perpetual, irrevocable, royalty-free, worldwide licence to use, incorporate, and exploit such Feedback in any manner and for any purpose, without any obligation to compensate you.
6.5 Restrictions
You shall not, directly or indirectly: (i) copy, modify, adapt, translate, or create derivative works of the Platform; (ii) sublicence, sell, resell, transfer, assign, or otherwise commercialise the Platform or access thereto; (iii) use the Platform to develop a competing product or service; or (iv) remove or alter any proprietary notices, labels, or marks on the Platform.
The Platform integrates with or facilitates access to Third-Party Services, including cloud providers (AWS, Azure, GCP), SaaS vendors, and other platforms. The following terms apply to your use of such integrations:
Governed by third-party terms
Your use of Third-Party Services is governed by the terms, conditions, and privacy policies of the respective third-party providers, and the Company shall have no responsibility or liability in connection with such Third-Party Services.
No endorsement
The Company does not endorse, warrant, or make any representations regarding the reliability, accuracy, quality, or availability of any Third-Party Services.
Your responsibility
You are solely responsible for obtaining any licences, subscriptions, or permissions required to access and use Third-Party Services in connection with the Platform.
No liability for outages
The Company shall not be liable for any disruption, outage, data loss, or other harm arising from or related to any Third-Party Service, including failures by cloud infrastructure providers.
Data sharing
Integration with Third-Party Services may require the sharing of User Data with those providers, subject to our Privacy Policy and the terms of the relevant third party.
Each party acknowledges that, in the course of using the Platform, it may receive or have access to confidential or proprietary information of the other party ("Confidential Information"). Each party agrees to: (i) hold the other party's Confidential Information in strict confidence; (ii) not disclose such Confidential Information to any third party without the disclosing party's prior written consent; and (iii) use the Confidential Information only for the purposes contemplated by these Terms. This obligation does not apply to information that is or becomes publicly available through no breach of these Terms, is independently developed without reference to the Confidential Information, or is required to be disclosed by applicable law or court order.
Your use of the Platform is also governed by our Privacy Policy, available at Elite.pankh.ai/privacy. The Privacy Policy describes how we collect, use, store, share, and protect your personal data and User Data. By using the Platform, you consent to the data practices described in the Privacy Policy. The Company processes personal data in accordance with the Digital Personal Data Protection Act, 2023 (India) and other applicable data protection laws.
10.1 Uptime and Availability
The Company will use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week. However, the Company does not guarantee uninterrupted or error-free availability. Scheduled maintenance, emergency maintenance, or events beyond our reasonable control may result in temporary unavailability of the Platform.
10.2 Modifications and Updates
The Company may, at its sole discretion, update, modify, or discontinue any feature of the Platform at any time. Where practicable, the Company will provide reasonable advance notice of significant changes that may materially affect your use of the Platform.
10.3 Technical Support
Technical support is provided in accordance with the support tier applicable to your subscription plan. Support requests may be submitted through the Platform's help centre or by contacting ceo@pankh.ai. Response times and support scope vary by plan and are set out in the applicable service documentation.
The Platform and all Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, including but not limited to:
No implied warranties
Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No uptime warranty
Any warranty that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
No accuracy warranty
Any warranty regarding the accuracy, reliability, completeness, or timeliness of any data, content, AI-generated output, or cost projections provided through the Platform.
No results warranty
Any warranty regarding the results that may be obtained from use of the Platform, including cost savings, performance improvements, or resource optimisation outcomes.
No indirect damages
In no event shall the Company, its directors, officers, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, loss of goodwill, business interruption, or cost of procurement of substitute services, arising out of or in connection with the Platform or these Terms, even if the Company has been advised of the possibility of such damages.
Aggregate liability cap
The Company's total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Platform shall not exceed the total fees paid or payable by you to the Company in the three (3) months immediately preceding the event giving rise to the claim, or INR 10,000 (Ten Thousand Rupees), whichever is greater.
Exceptions
The limitations of liability above do not apply to: (i) death or personal injury caused by the Company's negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under applicable law.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) your use of or access to the Platform; (ii) your breach of these Terms; (iii) your violation of any applicable law or regulation; (iv) any User Data uploaded, transmitted, or processed by you through the Platform; or (v) any claim by a third party arising from your use of the Platform.
14.1 Term
These Terms commence on the date you first access or use the Platform and shall remain in effect for the duration of your subscription or until terminated in accordance with these Terms.
14.2 Termination by You
You may terminate your account at any time by contacting ceo@pankh.ai or through your account settings. Termination will take effect at the end of your current billing cycle. No refunds will be issued for fees already paid, except as required by applicable law.
14.3 Termination by the Company
The Company may suspend or terminate your access to the Platform immediately, without notice, if: (i) you breach any provision of these Terms; (ii) we are required to do so by law or court order; (iii) the continued provision of Services to you is no longer commercially viable; or (iv) your account has been inactive for an extended period in accordance with our data retention policy.
14.4 Effect of Termination
Upon termination: (i) all licences granted to you under these Terms shall immediately cease; (ii) you must promptly cease all use of the Platform; (iii) the Company may, but is not obligated to, retain or delete your User Data in accordance with our data retention policy and Privacy Policy; and (iv) provisions of these Terms that by their nature should survive termination (including Sections 6, 8, 11, 12, 13, 15, and 16) shall survive.
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The parties expressly agree that the courts of Gurugram, Haryana, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or your use of the Platform, subject to the arbitration provision below.
15.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended. The seat of arbitration shall be Gurugram, Haryana, India. The language of arbitration shall be English. The arbitral award shall be final and binding upon the parties.
15.3 Exceptions
Notwithstanding the foregoing, either party may seek interim injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
16.1 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Order Form or service agreement, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications, negotiations, and agreements, whether written or oral.
16.2 Amendments
The Company reserves the right to update or modify these Terms at any time at its sole discretion. We will notify you of material changes by posting the updated Terms on the Platform and updating the 'Last Updated' date at the top of this document. Your continued use of the Platform following the posting of changes constitutes your acceptance of the revised Terms.
16.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect.
16.4 Waiver
No failure or delay by the Company in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. A waiver of any right or provision will only be effective if made in writing and signed by an authorised representative of the Company.
16.5 Assignment
You may not assign, delegate, or transfer your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer these Terms, in whole or in part, without restriction.
16.6 Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, strikes, internet outages, or failures of Third-Party Services or infrastructure providers.
16.7 Notices
All legal notices required under these Terms must be submitted in writing to: ceo@pankh.ai. The Company may provide notices to you via the email address associated with your account or through in-Platform notifications.
16.8 Language
These Terms are drafted in the English language. In the event of any inconsistency between the English version and any translated version, the English version shall prevail.
If you have any questions, concerns, or complaints regarding these Terms or our Platform, please contact us at: sales@pankh.ai or ceo@pankh.ai.
By accessing or using the Pankh.AI Elite.pankh.ai Platform, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
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