Terms of Service

Last updated: 28 June 2026
Version: 1.0

These Terms of Service (“Terms”) govern access to and use of the Inferno FMEA website, application, software platform, AI-assisted tools, reports, exports, documentation, support services and related services (together, the “Services”).

The Services are provided by Inferno Analytics LLP, trading as Inferno FMEA (“Inferno”, “Inferno FMEA”, “we”, “us” or “our”).

By accessing or using the Services, creating an account, clicking “I agree”, accepting these Terms, signing an order form, starting a trial or pilot, or using the Services on behalf of an organisation, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

1. Important notice

Inferno FMEA is an AI-assisted engineering decision-support platform.

The Services help professional users draft, structure, review and export FMEA, FMECA, maintenance strategy, reliability, operational readiness, risk and asset management outputs.

The Services do not provide final engineering advice, safety certification, statutory compliance certification, legal advice, professional certification, operational approval or asset-owner approval.

All outputs must be reviewed, validated and approved by competent engineers, reliability specialists, asset management professionals, subject matter experts, asset owners or other appropriately qualified personnel before being relied on or implemented.

You and your organisation remain responsible for all decisions, actions, approvals, risk assessments, maintenance strategies, asset changes, operational changes and safety decisions made using or in connection with the Services.

2. Who these Terms apply to

These Terms apply to:

• visitors to our website;
• users who create an account;
• users invited by a customer organisation;
• customer administrators;
• customers that purchase, trial, evaluate or use the Services;
• consultants, contractors, employees or other authorised users who access the Services;
• any person or organisation that accesses or uses the Services.

If you use the Services on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms. In that case, “you” and “your” refer to both you as an individual user and the organisation you represent.

If you do not have authority to bind the organisation, you must not accept these Terms or use the Services on behalf of that organisation.

3. Definitions

In these Terms:

Account means a user account created to access the Services.

AI Features means any artificial intelligence, machine learning, language model, automation, agentic, prompt-based, generation, classification, summarisation, recommendation or similar functionality within the Services.

Authorised User means an individual user authorised by a Customer to access the Services.

Confidential Information means non-public information disclosed by one party to the other that is marked confidential, should reasonably be understood to be confidential, or relates to business, technical, financial, commercial, security, product, customer, engineering, operational or strategic matters.

Customer means the organisation that purchases, trials, evaluates or otherwise receives access to the Services.

Customer Content means all information, data, prompts, files, asset information, FMEA content, failure modes, causes, effects, controls, maintenance strategies, standards references, SME comments, review notes, reports, exports and other content submitted to, generated within, stored in, processed through or exported from the Services by or for a Customer or its Authorised Users.

Documentation means user guides, technical materials, help articles, release notes and other documentation we provide for the Services.

FMEA Outputs means any FMEA, FMECA, risk assessment, maintenance tactic, task, control, recommendation, report, export, table, dashboard, summary or other output generated, assisted, structured, reviewed or exported through the Services.

Order Form means an order form, proposal, quote, subscription schedule, statement of work, pilot agreement, online checkout page or similar document agreed between Inferno and a Customer.

Services has the meaning given at the start of these Terms.

Subscription Term means the period for which a Customer is authorised to access the Services.

4. Order of documents

If there is a conflict between documents, the following order applies unless expressly stated otherwise:

1. any signed enterprise agreement, master services agreement or data processing agreement between Inferno and the Customer;
2. the applicable Order Form;
3. these Terms;
4. our Privacy Policy;
5. our Disclaimer, Acceptable Use Policy, Cookie Policy or other published policies;
6. Documentation.

5. Access to the Services

Subject to these Terms and any applicable Order Form, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable Subscription Term for your internal business purposes.

You must only use the Services:

• in accordance with these Terms;
• in accordance with the applicable Order Form;
• in accordance with our Documentation;
• for lawful business purposes;
• through Authorised Users;
• within any usage limits, seat limits, workspace limits, study limits, export limits or other limits that apply to your plan.

You must not use the Services if you are not authorised to do so.

6. Accounts and security

You are responsible for:

• ensuring account information is accurate and current;
• keeping login credentials secure;
• all activity under your Account;
• ensuring Authorised Users comply with these Terms;
• promptly notifying us of unauthorised access, suspected compromise or misuse.

You must not:

• share individual user credentials;
• allow unauthorised people to access the Services;
• impersonate another person;
• bypass authentication, permissions or security controls;
• interfere with audit logs or monitoring;
• attempt to access another customer’s workspace or data;
• use another person’s Account without permission.

We may require multi-factor authentication, password resets or other security measures where reasonably necessary.

7. Customer administrators

Customer administrators may be able to:

• invite and remove users;
• assign roles and permissions;
• access workspace content;
• manage studies and exports;
• view usage and audit information;
• request deletion or export of Customer Content;
• manage subscription settings.

Customers are responsible for administrator actions and for ensuring that administrator access is granted only to appropriate personnel.

8. Trials, pilots and evaluations

We may offer free trials, paid pilots, proof-of-concept access, demonstration access or evaluation access.

Unless stated otherwise in an Order Form:

• trial and pilot access is provided for evaluation only;
• access may be time-limited, feature-limited or usage-limited;
• we may modify or withdraw trial access on reasonable notice;
• we may delete trial data after the trial or pilot ends;
• trial outputs must not be used for operational, safety-critical or production decisions unless reviewed and approved by competent personnel;
• we do not guarantee that trial or pilot functionality will be available in the final product.

If a pilot or evaluation has specific commercial, confidentiality, data handling, success criteria or security requirements, those terms should be set out in the relevant Order Form.

9. Subscriptions, fees and payment

Fees, billing frequency, inclusions, usage limits, renewal terms and payment terms will be set out in the applicable Order Form or checkout page.

Unless otherwise stated:

• fees are payable in advance;
• fees are exclusive of applicable taxes, duties, levies and bank charges;
• payment must be made by the due date;
• subscriptions continue for the Subscription Term;
• additional usage, users, workspaces, studies, exports, storage, support or services may attract additional fees;
• unpaid amounts may result in suspension or termination in accordance with these Terms.

If you believe an invoice is incorrect, you must notify us promptly and in good faith. The parties will work reasonably to resolve the dispute. You must pay any undisputed amount by the due date.

10. Taxes

You are responsible for all taxes, duties, levies, withholding taxes, GST, VAT or similar charges arising from your purchase or use of the Services, except for taxes based on our net income.

If you are required by law to withhold tax from a payment, you must notify us and provide reasonable evidence of the withholding. Unless otherwise agreed, payments must be grossed up so that we receive the full amount that would have been payable without the withholding.

11. Renewals, cancellations and refunds

Renewal, cancellation and refund terms will be set out in the applicable Order Form or checkout page.

Unless otherwise stated:

• subscriptions renew only as described in the Order Form or checkout flow;
• cancellation prevents renewal but does not automatically entitle you to a refund for the current Subscription Term;
• fees already paid are non-refundable except where required by law or expressly agreed in writing;
• nothing in these Terms limits rights you may have under non-excludable consumer protection laws.

For enterprise customers, non-renewal notice periods should be stated in the Order Form.

12. AI-assisted engineering outputs

The Services may generate, suggest, organise, classify, score, summarise or recommend FMEA content and related engineering material.

You acknowledge and agree that:

• AI-generated outputs may be incorrect, incomplete, outdated, duplicated, inconsistent, biased or unsuitable for your specific site, asset or operating context;
• AI-generated outputs may omit relevant failure modes, causes, effects, controls, hazards or risks;
• risk ratings and recommendations may require adjustment by competent personnel;
• standards alignment depends on the quality of user inputs, configuration, review and final approval;
• generated content may require human review, technical verification and site-specific validation;
• similar inputs may produce different outputs;
• outputs should not be treated as final professional advice.

You must ensure that all FMEA Outputs are reviewed and approved by competent personnel before being relied on, implemented, issued, loaded into a CMMS, used in maintenance strategies, presented to asset owners, used for audits or used in operational decision-making.

13. No safety-critical blind reliance

You must not rely on the Services as the sole basis for decisions involving:

• life safety;
• public safety;
• environmental harm;
• statutory compliance;
• operational shutdowns;
• critical infrastructure operation;
• hazardous plant;
• high-voltage systems;
• pressure systems;
• confined spaces;
• explosive atmospheres;
• functional safety;
• medical, aviation, defence, nuclear or other ultra-hazardous uses;
• any other use where failure may result in death, personal injury, major property damage, environmental damage or major operational loss.

The Services may support analysis in high-risk industries, but only as a draft decision-support tool used under competent professional review.

14. Engineering responsibility

You and your organisation are responsible for:

• determining the scope of any FMEA or FMECA;
• confirming asset boundaries;
• verifying asset hierarchies;
• confirming operating context;
• validating component lists;
• reviewing failure modes;
• reviewing causes and effects;
• selecting risk criteria;
• confirming controls;
• determining maintenance tactics;
• validating task frequencies;
• approving outputs;
• checking compliance with laws, standards and internal procedures;
• maintaining records and audit trails;
• deciding whether, when and how outputs are implemented.

Inferno is not responsible for engineering decisions, maintenance decisions, safety decisions, asset management decisions or operational decisions made by you or your organisation.

15. Standards and compliance references

The Services may reference, support or align with industry standards, frameworks or methodologies, including FMEA, FMECA, IEC 60812-style analysis, AIAG-VDA-style analysis, ISO 55000-style asset management thinking or customer-specific methodologies.

Unless expressly agreed in writing, we do not warrant that:

• any output fully complies with a particular standard;
• a study will satisfy an auditor, regulator, client, insurer or certifier;
• all standard requirements have been addressed;
• any standard reference is complete, current or applicable to your circumstances.

You are responsible for confirming applicable standards, obtaining licensed copies of standards where required, interpreting requirements and approving final outputs.

The Services do not provide licensed copies of third-party standards unless expressly stated in an Order Form.

16. Customer Content

You retain ownership of Customer Content.

You grant Inferno a limited, non-exclusive, worldwide licence to host, store, copy, transmit, display, process, analyse, generate, modify and use Customer Content only as reasonably necessary to:

• provide the Services;
• operate AI Features;
• support users;
• secure the Services;
• troubleshoot issues;
• comply with legal obligations;
• enforce these Terms;
• improve the Services as permitted by these Terms and any applicable Order Form.

We do not sell Customer Content.

We do not publish Customer Content without permission.

We do not use one customer’s identifiable confidential engineering content to provide another customer with that content.

We do not authorise third-party AI providers to use Customer Content to train public AI models.

17. Customer Content responsibilities

You are responsible for Customer Content, including its accuracy, legality, quality, completeness and suitability.

You represent and warrant that:

• you have the rights and permissions required to submit Customer Content to the Services;
• Customer Content does not infringe any third-party rights;
• Customer Content does not breach confidentiality obligations;
• Customer Content does not contain unlawful material;
• Customer Content does not contain unnecessary personal information;
• Customer Content does not contain sensitive personal information unless there is a lawful basis and business need;
• your use of Customer Content with the Services complies with applicable laws and contractual obligations.

We are not required to review Customer Content for accuracy, legality or suitability.

18. Our intellectual property

We and our licensors own all rights, title and interest in and to the Services, including:

• software;
• source code and object code;
• user interface;
• workflows;
• templates;
• prompts and prompt structures;
• agents and orchestration methods;
• product design;
• dashboards;
• data models;
• algorithms;
• reports and report structures, excluding Customer Content;
• documentation;
• branding;
• trade marks;
• product names;
• know-how;
• improvements;
• analytics;
• platform configuration;
• any other intellectual property in the Services.

Except for the limited access rights expressly granted in these Terms, no rights are transferred to you.

You must not use our branding, logos or trade marks without our prior written consent.

19. Output ownership and permitted use

Subject to your compliance with these Terms and payment of applicable fees, you may use, copy, download and export FMEA Outputs generated for your workspace for your internal business purposes.

As between you and Inferno:

• you retain rights in your Customer Content;
• you may use FMEA Outputs for your internal business purposes;
• we retain rights in the Services, templates, workflows, software, prompts, methods and platform intellectual property that generated or structured those outputs.

Your use of FMEA Outputs remains subject to the engineering review requirements, disclaimers and limitations in these Terms.

20. Feedback

If you provide ideas, suggestions, comments, improvements, feature requests, bug reports or other feedback, you grant us a worldwide, royalty-free, irrevocable, perpetual licence to use, incorporate, commercialise and exploit that feedback without restriction or compensation.

We will not disclose your Confidential Information in doing so.

21. Acceptable use

You must not:

• use the Services unlawfully;
• upload malicious code;
• attempt to gain unauthorised access;
• interfere with security controls;
• scrape, crawl or harvest data except as expressly allowed;
• reverse engineer, decompile or disassemble the Services;
• extract prompts, system instructions, models, model behaviour or proprietary workflows;
• use the Services to develop, train or improve a competing product;
• benchmark the Services publicly without our written consent;
• overload or disrupt the Services;
• bypass usage limits;
• share access credentials;
• misrepresent AI-generated outputs as independently certified;
• use outputs without competent review;
• upload content you do not have rights to use;
• upload regulated, sensitive or personal information unnecessarily;
• use the Services for spam, fraud, surveillance, harassment or unlawful discrimination;
• remove proprietary notices;
• resell, sublicense or make the Services available to third parties except as agreed in writing.

We may investigate suspected breaches and take reasonable action, including warnings, access restrictions, suspension or termination.

22. Third-party services

The Services may rely on or integrate with third-party services, including hosting providers, database providers, authentication providers, AI providers, payment providers, analytics providers and email providers.

Third-party services are subject to their own terms, policies and availability.

We are not responsible for third-party services except to the extent required by law or expressly stated in an agreement with you.

The availability, performance or functionality of third-party services may affect the Services.

23. Privacy and data protection

Our handling of personal information is described in our Privacy Policy.

By using the Services, you acknowledge that we may collect, use, store and disclose personal information as described in our Privacy Policy.

Customers are responsible for ensuring that they have provided any required privacy notices and obtained any required consents before uploading personal information into the Services.

Where applicable, the parties must comply with applicable privacy and data protection laws, which may include the Digital Personal Data Protection Act, 2023 in India, the Privacy Act 1988 in Australia, the Australian Privacy Principles, and other laws depending on the location of the Customer, Authorised Users and data subjects.

If a separate data processing agreement or security schedule is agreed between the parties, that document will apply to the processing of personal information and Customer Content as stated in that document.

24. Confidentiality

Each party must protect the other party’s Confidential Information using reasonable care and must not use or disclose it except:

• to perform obligations or exercise rights under these Terms;
• to provide or receive the Services;
• to employees, contractors, advisers or service providers who need to know and are bound by confidentiality obligations;
• as required by law;
• with the disclosing party’s consent.

Confidential Information does not include information that:

• is publicly available other than through breach;
• was already known without confidentiality restriction;
• is independently developed without use of Confidential Information;
• is lawfully received from a third party without confidentiality restriction.

These confidentiality obligations continue after termination.

25. Security

We will maintain reasonable technical, organisational and administrative measures designed to protect the Services, Customer Content and personal information against unauthorised access, loss, misuse, interference, modification and disclosure.

Security measures may include:

• encryption in transit;
• encryption at rest where supported;
• role-based access controls;
• authentication controls;
• row-level security where applicable;
• audit logging;
• least privilege access;
• backups;
• monitoring;
• vulnerability management;
• administrative access restrictions;
• incident response processes.

No system is completely secure. You are responsible for using the Services securely and for maintaining appropriate internal controls.

26. Data hosting and data residency

The Services may be hosted using third-party cloud, database, storage, AI and infrastructure providers.

Unless an Order Form or data processing agreement expressly states otherwise, we do not guarantee that Customer Content or personal information will be stored or processed only in one country.

Where a Customer requires specific data residency, hosting region, security or subprocessor commitments, those requirements must be agreed in writing in an Order Form, data processing agreement or security schedule.

27. Support, maintenance and availability

We will use reasonable efforts to make the Services available and to provide support during normal business operations.

Unless an Order Form or service level agreement states otherwise:

• we do not guarantee uninterrupted availability;
• maintenance, upgrades, outages, third-party failures or security work may affect availability;
• support is provided on a reasonable-efforts basis;
• response times are not guaranteed.

We may modify, update, improve, remove or replace features from time to time, provided we do not materially reduce the core functionality of a paid subscription during the current Subscription Term without reasonable notice or a reasonable alternative.

28. Beta features

We may provide beta, experimental, preview or early-access features.

Beta features are provided as-is and may be incomplete, unstable, changed or withdrawn at any time.

You should not rely on beta features for production, safety-critical or operational decisions unless expressly agreed in writing.

29. Suspension

We may suspend access to the Services if we reasonably believe that:

• you have breached these Terms;
• fees are overdue;
• your use creates a security risk;
• your use may harm the Services, other customers or third parties;
• suspension is required by law;
• your account has been compromised;
• you are using the Services outside agreed limits;
• continued access may expose us or others to legal, security or operational risk.

Where practicable, we will provide notice and an opportunity to remedy before suspension. However, we may suspend immediately where necessary to protect security, legality, safety or service integrity.

We will restore access when the reason for suspension is resolved to our reasonable satisfaction.

30. Termination

You may stop using the Services at any time.

A Customer may terminate a subscription in accordance with the applicable Order Form.

We may terminate access or an agreement if:

• you materially breach these Terms and do not remedy the breach within 14 days after notice;
• you fail to pay undisputed fees when due;
• you become insolvent or unable to pay debts;
• continued provision of the Services would be unlawful;
• your use poses an unacceptable security, legal or operational risk;
• you repeatedly breach these Terms;
• an Order Form expires or is terminated.

Termination does not affect accrued rights or obligations.

31. Effect of termination

On termination or expiry:

• your right to access the Services ends;
• you must stop using the Services;
• unpaid fees become payable;
• we may disable accounts and workspaces;
• we may delete Customer Content after a reasonable period unless otherwise agreed;
• provisions intended to survive termination continue.

Customers should export required Customer Content before termination or within any post-termination export period we make available.

32. Data export and deletion

During the Subscription Term, authorised users may export Customer Content using available product functionality.

After termination, we may provide a reasonable period for export if technically and commercially practicable.

We may delete Customer Content after the applicable retention period, subject to legal, backup, audit, dispute, security and compliance requirements.

Deletion from active systems may not immediately remove data from backups or logs. Backup deletion occurs through ordinary backup lifecycle processes unless otherwise agreed in writing.

33. Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis.

We do not warrant that:

• the Services will be uninterrupted or error-free;
• all errors will be corrected;
• outputs will be accurate, complete or suitable;
• outputs will satisfy regulatory, audit, insurance or customer requirements;
• AI-generated content will be free from hallucinations or omissions;
• the Services will identify all risks, hazards or failure modes;
• the Services will replace professional judgement;
• the Services will be compatible with all systems or customer processes;
• the Services will meet every requirement of your organisation.

You are responsible for determining whether the Services are suitable for your intended use.

34. Mandatory laws and non-excludable rights

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

Where any law implies a guarantee, condition or warranty that cannot be excluded but can be limited, our liability is limited, at our option and to the maximum extent permitted by law, to:

• supplying the Services again; or
• paying the cost of having the Services supplied again.

This clause applies only to the extent permitted by law.

35. Limitation of liability

To the maximum extent permitted by law, and subject to clause 34, each party’s total aggregate liability arising out of or in connection with these Terms, the Services or any Order Form is limited to the fees paid or payable by the Customer to Inferno for the Services in the 12 months before the event giving rise to the liability.

To the maximum extent permitted by law, and subject to clause 34, neither party is liable for:

• indirect loss;
• consequential loss;
• special loss;
• loss of profit;
• loss of revenue;
• loss of opportunity;
• loss of goodwill;
• loss of anticipated savings;
• business interruption;
• procurement of substitute services;
• operational downtime;
• production loss;
• asset failure;
• safety incidents;
• environmental incidents;
• regulatory penalties;
• third-party claims arising from your implementation of outputs.

The liability cap does not limit liability for:

• fraud;
• wilful misconduct;
• payment obligations;
• misuse of intellectual property;
• unauthorised disclosure of Confidential Information;
• a party’s indemnity obligations, but only to the extent the underlying claim is not otherwise capped by these Terms;
• liability that cannot lawfully be limited.

36. Customer indemnity

You indemnify Inferno, its officers, employees, contractors and service providers against losses, claims, damages, liabilities, costs and expenses arising from:

• your breach of these Terms;
• your misuse of the Services;
• Customer Content;
• your unlawful use of the Services;
• your infringement of third-party rights;
• your implementation or reliance on FMEA Outputs without appropriate review;
• your breach of privacy, confidentiality, procurement, safety or regulatory obligations;
• claims arising from engineering, operational, maintenance or safety decisions made by you or your organisation.

This indemnity is reduced to the extent the loss is caused by Inferno’s breach of these Terms, negligence, wilful misconduct or unlawful conduct.

37. Inferno indemnity

We will defend you against a third-party claim alleging that your authorised use of the Services infringes that third party’s intellectual property rights, and we will pay damages finally awarded or settlement amounts approved by us.

This obligation does not apply to claims arising from:

• Customer Content;
• use of the Services outside these Terms;
• modifications not made by us;
• combination with third-party products or services;
• continued use after we provide a non-infringing alternative;
• beta features;
• free trials or evaluation access;
• use of outputs rather than the Services themselves.

If an infringement claim is made or likely, we may:

• procure the right for you to continue using the Services;
• modify the Services;
• replace the Services;
• terminate the affected Services and provide a pro-rata refund of prepaid unused fees.

This clause states our entire liability for third-party intellectual property infringement claims.

38. Publicity

We will not use a Customer’s name, logo or case study publicly without the Customer’s prior written consent.

If consent is given, either party may withdraw future use on reasonable notice.

39. Changes to the Services

We may improve, modify, update or discontinue parts of the Services from time to time.

For paid subscriptions, we will use reasonable efforts not to materially reduce core functionality during the current Subscription Term without reasonable notice or a reasonable alternative.

We may make immediate changes where needed for security, legal compliance, technical stability or third-party provider requirements.

40. Changes to these Terms

We may update these Terms from time to time.

If we make material changes, we will provide reasonable notice, such as by email, in-app notice or website notice.

Updated Terms will apply from the effective date stated in the notice or, if no date is stated, from the date they are published.

If a change materially and adversely affects a paid Customer during a current Subscription Term, the Customer may object within 30 days of notice. If the parties cannot resolve the objection, the Customer may terminate the affected Services and receive a pro-rata refund of prepaid unused fees.

Continued use of the Services after the updated Terms take effect means you accept the updated Terms.

41. Compliance with laws

You must comply with all laws, regulations, industry obligations and internal policies that apply to your use of the Services.

This includes laws and obligations relating to:

• privacy;
• confidentiality;
• data protection;
• workplace health and safety;
• engineering standards;
• asset management;
• procurement;
• export controls;
• anti-bribery and corruption;
• sanctions;
• intellectual property;
• cyber security;
• consumer protection.

You must not use the Services in any country, territory or manner that would cause us to breach applicable sanctions, export controls or other laws.

42. Electronic communications and acceptance

You agree that we may communicate with you electronically, including by email, in-app notice or notices posted through the Services.

You agree that electronic communications, notices, agreements and records satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

We may record your acceptance of these Terms, including the user ID, timestamp, IP address, policy version and acceptance method.

43. Force majeure

Neither party is liable for delay or failure to perform obligations, except payment obligations, caused by events beyond reasonable control, including:

• natural disasters;
• war;
• terrorism;
• civil unrest;
• strikes;
• epidemics or pandemics;
• government action;
• power failure;
• internet failure;
• cloud provider failure;
• cyberattack;
• third-party service outage;
• supply chain disruption;
• changes in law.

The affected party must take reasonable steps to minimise the impact and resume performance.

44. Notices

We may provide notices by:

• email;
• in-app notification;
• posting on our website;
• notice through the Services;
• other reasonable electronic means.

You must keep your contact details current.

Legal notices to us should be sent to:

Inferno Analytics LLP
Email: admin@infernofmea.com
Website: https://www.infernofmea.com
Postal address: No. 29, 1^st Cross, RRMR Extension, Double Road, Bangalore- 560027 INDIA.

45. Assignment

You must not assign, transfer or novate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or novate our rights or obligations as part of a merger, acquisition, restructure, financing, sale of assets or transfer of the business, provided this does not materially reduce your rights under these Terms.

46. Subcontracting

We may use subcontractors and service providers to provide the Services.

We remain responsible for our obligations under these Terms, except to the extent an issue is caused by you, your users, Customer Content or third-party services outside our reasonable control.

47. No partnership or agency

These Terms do not create a partnership, joint venture, employment relationship, fiduciary relationship, franchise or agency relationship between the parties.

Neither party may bind the other unless expressly authorised in writing.

48. Severability

If any provision of these Terms is invalid, unlawful or unenforceable, that provision is severed or read down to the minimum extent necessary, and the remaining provisions continue in full force.

49. Waiver

A failure or delay in exercising a right is not a waiver of that right.

A waiver must be in writing and applies only to the specific instance for which it is given.

50. Entire agreement

These Terms, together with any applicable Order Form and referenced policies, form the entire agreement between the parties regarding the Services and supersede prior discussions, proposals, representations or agreements relating to the Services.

51. Governing law

These Terms, any Order Form and any dispute, claim or controversy arising out of or in connection with the Services are governed by the laws of India, without regard to conflict of law principles.

The parties agree that the courts located in Bengaluru, Karnataka, India will have exclusive jurisdiction for any court proceedings permitted under these Terms, including interim, injunctive or urgent relief, and proceedings relating to the enforcement of an arbitral award.

For international readability, references to Bengaluru in these Terms include Bangalore.

52. Dispute resolution

The parties must first attempt to resolve any dispute, claim or controversy arising out of or in connection with these Terms, any Order Form or the Services through good-faith discussions.

A party must give written notice of the dispute to the other party, including reasonable details of the dispute. Senior representatives of the parties must then attempt to resolve the dispute within 20 business days after the notice is received.

If the dispute is not resolved within 20 business days, the dispute must be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.

The arbitration will be conducted by a sole arbitrator appointed by mutual agreement of the parties. If the parties cannot agree on the arbitrator within 15 business days after the dispute is referred to arbitration, the arbitrator will be appointed in accordance with the Arbitration and Conciliation Act, 1996.

The seat and venue of arbitration will be Bengaluru, Karnataka, India.

The language of the arbitration will be English.

The arbitral award will be final and binding on the parties.

Nothing in this clause prevents either party from seeking urgent interim, injunctive or equitable relief from a court of competent jurisdiction in Bengaluru, Karnataka, India.

53. Survival

Clauses that by their nature should survive termination will survive termination or expiry of these Terms, including clauses relating to:

• payment obligations;
• Customer Content;
• intellectual property;
• confidentiality;
• privacy and data protection;
• disclaimers;
• limitation of liability;
• indemnities;
• dispute resolution;
• governing law;
• notices;
• audit, export and deletion obligations;
• any other clause intended to survive.

54. Contact

Questions about these Terms may be sent to:

Inferno Analytics LLP
Email: admin@infernofmea.com
Website: https://www.infernofmea.com
Postal address: No. 29, 1^st Cross, RRMR Extension, Double Road, Bangalore- 560027 INDIA.