Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are an agreement between you and Welmansec (“Welmansec”, “we”, “us”), a product company. They apply to our website welmansec.online and to the software, hosted services, hardware appliances, implementation and support services we provide (together, the “Products”).

By placing an order, signing a quotation, or using the Products, you agree to these Terms and to our Privacy Policy. If you are acting for an organisation, you confirm that you are authorised to bind it, and “you” means that organisation. You must be at least 18 years old and able to enter into a binding contract under the Indian Contract Act, 1872.

These Terms are an electronic record under the Information Technology Act, 2000 and do not require a physical or digital signature.

2. Orders and quotations

The specific Products, quantities, prices, subscription period, delivery timelines and service levels you buy are set out in a quotation, order form, purchase order accepted by us, or a separate agreement (an “Order”). If an Order conflicts with these Terms, the Order takes priority for that purchase. Quotations are valid for the period stated on them, or 30 days if no period is stated. Terms printed on your purchase order do not apply unless we agree to them in writing.

3. Software licence

Subject to these Terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable licence to use the software Products for your internal business purposes during the period and within the limits (such as number of users, devices or sites) stated in your Order.

You may not resell, sublicense, rent or provide the Products to third parties as a service, or remove any proprietary notices, unless your Order expressly allows it. Nothing in this section restricts any rights you have under the licence terms of third-party components described in section 13.

4. Hosted services

Where we host a Product for you, we will take reasonable steps to keep it available, secure and backed up. Availability targets, if any, are stated in your Order. Planned maintenance will be announced in advance where practical, and we may carry out emergency maintenance without notice to protect security or stability. We may update hosted Products from time to time, but will not materially reduce their core functionality during a paid subscription period without your agreement.

5. Hardware appliances

• Delivery: we will ship hardware to the address in your Order. Delivery dates are estimates. Risk of loss passes to you on delivery.
• Ownership: title to purchased hardware passes to you once we receive full payment. Hardware supplied on a rental or subscription basis remains our property and must be returned in good condition at the end of the term, fair wear and tear excepted.
• Inspection: please report any visible damage or missing items within 7 days of delivery.
• Warranty: unless your Order says otherwise, hardware is warranted against manufacturing defects for 12 months from delivery. During this period we will repair or replace a defective unit under our return process. The warranty does not cover damage from misuse, accidents, power surges, unauthorised modification or opening of the device, or use outside its operating specifications.
• Firmware: appliances run software licensed under section 3. Unauthorised changes to the firmware may void the warranty and support.

6. Implementation and support

We will provide installation, configuration, training and support as described in your Order. Unless your Order states otherwise, support is available by email at contact@welmansec.online during business hours (Monday to Saturday, 9:30 am to 6:30 pm IST, excluding public holidays). Where remote access is needed, we will connect only with your authorisation and through the method you approve.

7. Your responsibilities

• Provide accurate information, timely access to your premises and systems, and a point of contact as reasonably needed for us to deliver the Products.
• Keep administrator credentials, VPN keys and access tokens confidential, and promptly tell us of any suspected compromise.
• Review and act on alerts, reports and recommendations generated by the Products. Monitoring tools identify issues; resolving them may require action from you.
• Maintain your own backups of critical data, unless backup is included as a service in your Order.
• Ensure that monitoring of your systems, networks and users complies with applicable law, including giving appropriate notice to your employees and users.

8. Acceptable use

You agree not to use the Products to:

• break any applicable law, including the Information Technology Act, 2000 and the rules made under it;
• monitor, intercept or access systems, networks or communications that you do not own or are not authorised to monitor;
• store or transmit content that is unlawful, infringes someone else's rights, or is prohibited under Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
• distribute malware, or attempt to gain unauthorised access to our systems or other customers' data;
• use our VPN or network Products to hide unlawful activity or to bypass lawful restrictions; or
• reverse engineer our proprietary software, except to the extent the law expressly permits.

If you find a security vulnerability in our Products, please report it responsibly to contact@welmansec.online.

9. Your data

You own all data that you or your systems put into the Products, including logs, tickets, business records and monitoring data (“Customer Data”). You give us a limited licence to process Customer Data only as needed to provide, secure and support the Products for you.

For personal data within Customer Data, you are the Data Fiduciary and we act as your Data Processor under the Digital Personal Data Protection Act, 2023. We will process it only on your documented instructions, keep it confidential, protect it with reasonable security safeguards, and return or delete it at the end of our engagement as you direct. Our Privacy Policy explains this further. A separate data processing agreement is available on request.

10. Fees, payment and taxes

• Fees are as stated in your Order. Subscriptions are billed in advance and renew for the same period unless either party gives notice of non-renewal at least 30 days before the renewal date.
• Unless the invoice says otherwise, payment is due within 15 days of the invoice date.
• Prices are in Indian Rupees (INR) and are exclusive of GST and other applicable taxes, which will be added to your invoice. Please give us your GSTIN so that it appears on tax invoices. If you deduct TDS, please provide the TDS certificate promptly.
• We may suspend services for invoices that are more than 30 days overdue, after giving you at least 7 days' written notice.
• Except where required by law or stated in your Order, fees for software, subscriptions and completed services are non-refundable. Hardware returns are handled under section 5.
• We may change our prices at renewal, with at least 30 days' notice.

11. Confidentiality

Each party will keep the other's confidential information, including network details, security configurations, pricing and business information, secret, and use it only to perform under these Terms. This does not apply to information that is public, already known to the recipient, independently developed, or that must be disclosed by law. These obligations continue for three years after our relationship ends, and indefinitely for credentials and security information.

12. Intellectual property

Welmansec and its licensors own all rights in the Products, including software, configurations, documentation, designs and the Welmansec name and logo. Except for the licence in section 3, no rights are transferred to you. If you send us feedback or suggestions, we may use them freely without any obligation to you.

13. Third-party components

Our Products include components developed by third parties. Each of these components is provided under its own licence terms, which apply to that component and take priority over these Terms to the extent they conflict. A list of these components and their licences is available on request at contact@welmansec.online.

14. Term and termination

These Terms apply for as long as you use the Products. Either party may terminate an Order if the other materially breaches these Terms and does not fix the breach within 30 days of written notice. We may suspend access immediately where needed to prevent a serious security threat or comply with the law, and will tell you as soon as possible.

On termination, your licence to use the software ends, rented hardware must be returned, and you must pay any fees due up to the termination date. For 30 days after termination, we will make hosted Customer Data available for export on request, and then delete it as described in our Privacy Policy. Sections 9 to 13 and 15 to 20 survive termination.

15. Disclaimers

We provide the Products with reasonable skill and care. However, no security or monitoring product can detect or prevent every threat, intrusion or failure. The Products help reduce risk; they do not eliminate it. Except as expressly stated in these Terms or your Order, and to the maximum extent permitted by law, the Products are provided without other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose or uninterrupted operation.

Nothing in these Terms limits any rights you have that cannot be excluded under the Consumer Protection Act, 2019 or other applicable law.

16. Limitation of liability

To the maximum extent permitted by law:

• neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business or goodwill; and
• our total liability for all claims relating to the Products will not exceed the fees you paid us for the relevant Product in the 12 months before the event giving rise to the claim.

These limits do not apply to your payment obligations, to either party's breach of confidentiality, or to liability that cannot be limited by law, including liability for fraud or wilful misconduct.

17. Indemnity

You agree to indemnify Welmansec against reasonable losses, costs and expenses (including legal fees) arising from third-party claims caused by your Customer Data, your breach of sections 7 or 8, or your violation of any law. We agree to indemnify you against third-party claims that our proprietary software, used as permitted under these Terms, infringes an Indian intellectual property right.

18. Governing law and disputes

These Terms are governed by the laws of India. If a dispute arises, the parties will first try in good faith to resolve it through discussion between senior representatives within 30 days. If it is not resolved, the dispute will be subject to the exclusive jurisdiction of the competent courts in India.

19. Changes to these terms

We may update these Terms from time to time. We will post the updated version on this page with a new “Last updated” date and notify active customers of material changes by email at least 15 days before they take effect. Changes do not affect an Order already in progress until it renews, unless you agree otherwise.

20. General

• Entire agreement: these Terms, your Order and the Privacy Policy are the entire agreement between us about the Products.
• Severability: if any part of these Terms is found unenforceable, the rest will remain in effect.
• No waiver: failing to enforce a right is not a waiver of that right.
• Assignment: neither party may transfer these Terms without the other's consent, except as part of a merger, acquisition or sale of substantially all its assets, with notice.
• Force majeure: neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, floods, power or internet outages, supply chain disruptions, or actions of governments.
• Independent parties: nothing in these Terms creates a partnership, employment or agency relationship.
• Notices: we will send notices to the email address in your Order. You can send notices to us at contact@welmansec.online.

21. Contact and grievances

For questions about these Terms, or to raise a complaint about our Products or website, contact our Grievance Officer at contact@welmansec.online with the subject line “Grievance”. We will acknowledge complaints within 24 hours and aim to resolve them within 15 days, in line with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. For general enquiries, write to info@welmansec.online.