ENCATCH TERMS OF SERVICE

Effective Date: [●]

Last Updated: March 03, 2026

These Terms of Service (the "Terms") govern access to and use of the Encatch platform, including its dashboard, website (https://encatch.com), software development kits, APIs, integrations, and AI-enabled features, made available by Phyder Mobile Solutions Pvt. Ltd., a company incorporated in India with its registered office at 412/413, 4th Floor, Palmspring Above Croma, Link Road, Malad West, Mumbai City, Mumbai, Maharashtra, India, 400064 ("Encatch," "we," "us," or "our").

By clicking "I agree," creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity, and "Customer," "you," and "your" refer to that entity.

1. INCORPORATED TERMS AND ORDER OF PRECEDENCE

1.1. Incorporated Terms

These Terms incorporate by reference, and should be read together with, the following documents (each as updated from time to time):

a. Privacy Policy. Our Privacy Policy (describing how we collect, use, and disclose personal data) available at: [INSERT LINK].

b. Data Processing Addendum (DPA). Our Data Processing Addendum (the "DPA"), which applies where Encatch processes Customer End-User Feedback Data (and related Customer End User Identifiers) as a processor on behalf of the Customer, available at: [INSERT LINK] or provided upon request.

c. SDK License / EULA. The Encatch SDK License / End User License Agreement (the "SDK EULA"), governing use of Encatch SDKs, code snippets, APIs and API Keys, available at: [INSERT LINK].

d. Enterprise Agreement / Order Form. Any separately executed enterprise agreement, order form, statement of work, or other written agreement between Encatch and the Customer (an "Enterprise Agreement").

1.2. Order of Precedence

In the event of any conflict or inconsistency between these Terms and any Incorporated Terms:

a. An applicable Enterprise Agreement will control for that Customer, but only to the extent of the conflict.

b. The DPA will control only with respect to data protection and processing terms (including any annexes) for Customer End-User Feedback Data (and related Customer End User Identifiers).

c. The SDK EULA will control only with respect to SDK/API/license-specific terms (including permitted use, restrictions, and licensing).

d. Otherwise, these Terms will control.

1.3. Document Updates

The Privacy Policy, DPA, and SDK EULA may be updated from time to time. Unless an Enterprise Agreement states otherwise, the versions posted or provided by Encatch at the time of use will apply; provided that Encatch will not apply changes retroactively to a then-current paid subscription term in a manner that materially reduces the Customer's rights or increases the Customer's obligations with respect to previously purchased subscriptions without notice.

2. DEFINITIONS

For purposes of these Terms, the following definitions apply:

2.1. "Affiliate" means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party. "Control" means the direct or indirect ownership of more than fifty percent (50%) of the voting interests of an entity, or the power to direct the management and policies of an entity (whether through ownership of voting securities, contract, or otherwise).

2.2. "AI Credits" means units of consumption allocated under a Plan that are required to access certain AI Features. Unless otherwise specified in the applicable Plan, AI Credits reset on a monthly basis and do not carry forward.

2.3. "AI Features" means AI-enabled features or functionalities made available within the Service that process inputs to generate AI Outputs, whether processed through Encatch systems and/or through third-party model providers (depending on configuration and compatibility).

2.4. "AI Outputs" means any results, outputs, responses, classifications, summaries, tags, recommendations, suggested actions, generated content, or other materials produced by or through the AI Features.

2.5. "API" means any application programming interface made available by Encatch as part of the Service, including associated endpoints, documentation, and access credentials.

2.6. "API Keys" means the keys, tokens, credentials, identifiers, or other access mechanisms issued by or on behalf of Encatch to enable access to the SDKs and/or APIs.

2.7. "Authorized Users" means the individuals authorized by Customer to access and use the Service on Customer's behalf (for example, Customer's employees and contractors), subject to these Terms and any usage limits under the applicable Plan.

2.8. "Content" means any data, text, files, information, feedback, prompts, messages, materials, identifiers, or other content submitted, uploaded, transmitted, displayed, or otherwise made available by or on behalf of Customer or Customer End Users through the Service, including Customer End User Identifiers and Customer End-User Feedback Data.

2.9. "Customer" means the entity or individual that accepts these Terms and on whose behalf the Service is accessed or used. If an individual accepts these Terms on behalf of an entity, then that entity is the Customer (and the individual represents they have authority to bind it).

2.10. "Customer Data" means Content and other data that Customer or its Authorized Users provide to the Service, or that is collected or generated through Customer's use of the Service. Customer Data includes Customer End-User Feedback Data (and related Customer End User Identifiers), but excludes Usage Data.

2.11. "Customer End Users" means end users of Customer's mobile application(s) and/or website(s) in which Customer deploys the SDKs or otherwise uses the Service to collect feedback, surveys, bug reports, or related data.

2.12. "Customer End User Identifier" means an identifier provided by Customer (or Customer's application) to identify Customer End Users within the Service (for example, a user ID, email address, phone number, or hashed identifier), as configured by Customer.

2.13. "Customer End-User Feedback Data" means the feedback content and submissions collected from or about Customer End Users via the SDKs (including survey responses, free-text inputs, ratings, selections, bug reports, and attachments if enabled), together with metadata associated with such submissions (for example, timestamps, project/workspace identifiers, and device/session context to the extent configured by Customer), and processed by Encatch as a processor on behalf of Customer under the DPA (where applicable).

2.14. "DPA" has the meaning given in Clause 1.1(b).

2.15. "Encatch UUID" means an internal unique identifier generated by Encatch to associate Customer End-User Feedback Data and related events within a Customer workspace or project, including by linking such data to a device identifier and/or to a Customer End User Identifier (if provided through an identifyUser (or similar) SDK/API call by Customer's application).

2.16. "Enterprise Agreement" has the meaning given in Clause 1.1(d).

2.17. "Plan" means the subscription tier or plan selected by Customer (including any free tier, trial, paid tier, add-ons, or enterprise plan), as described on Encatch's pricing page or in an Enterprise Agreement, together with any applicable usage limits.

2.18. "SDK" means the Encatch software development kits, snippets, libraries, scripts, and related integration artifacts (including any updates) made available to enable Customer to integrate feedback widgets, surveys, or related functionality into Customer's applications and websites.

2.19. "SDK EULA" has the meaning given in Clause 1.1(c).

2.20. "Security Incident" means a confirmed unauthorized access to, or unauthorized acquisition, use, disclosure, alteration, or destruction of, Customer Data (including Customer End User Identifiers) and/or Customer End-User Feedback Data within Encatch's systems, excluding unsuccessful attempts and events resulting from Customer's or Customer End Users' actions, credentials compromise, or Third-Party Services outside Encatch's reasonable control.

2.21. "Sensitive Data" means any information that is subject to heightened protection or restrictions under applicable data protection laws, including (without limitation): (a) special category or sensitive personal data (such as data revealing health or medical information, biometric identifiers, genetic data, or information concerning an individual's sex life or sexual orientation); (b) government-issued identification numbers (such as Aadhaar, passport, driver's license, or similar identifiers); (c) financial information, including payment card data, bank account numbers, or other financial account credentials; (d) precise location data; and (e) any other information that applicable law requires to be handled with additional safeguards or consent requirements.

2.22. "Service" has the meaning given in the introductory paragraph of these Terms.

2.23. "Third-Party Services" means third-party websites, services, applications, integrations, tools, or platforms that interoperate with the Service or that Customer elects to use in connection with the Service (for example, integrations, webhooks, or external model providers), and any content or services provided by such third parties.

2.24. "Usage Data" means aggregated and/or de-identified data relating to the use, performance, and operation of the Service (including usage metrics, feature adoption, and diagnostics), which does not identify Customer or Customer End Users in a manner that can reasonably be used to identify them.

2.25. "Usage Limits" means any limits, caps, quotas, or restrictions applicable to Customer's Plan (for example, responses, active users, AI Credits, event volume, rate limits, storage, or other plan-based limits).

3. ACCEPTANCE, ELIGIBILITY, AND AUTHORITY

3.1. Acceptance

These Terms are accepted, and become binding, when Customer (a) clicks "I agree" (or similar), (b) creates an account, or (c) accesses or uses the Service. Continued use of the Service constitutes continued acceptance of these Terms, as updated in accordance with Clause 1.3.

3.2. Authority

If you access or use the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3.3. Eligibility

You must be legally capable of entering into a binding contract to use the Service. The Service is not intended for use by individuals who are under the age of 18.

3.4. Compliance

Customer will ensure that its Authorized Users comply with these Terms and is responsible for their acts and omissions in connection with the Service.

4. ACCOUNTS, ACCESS, AND AUTHORIZED USERS

4.1. Account Registration

To access the Service, Customer may be required to create an account and provide registration information. Customer will ensure that all information provided is accurate and kept up to date.

4.2. Admins; Workspace Control

Customer may designate one or more Authorized Users as administrators of Customer's workspace/account ("Admins"). Admins may manage Authorized Users, projects/workspaces, access permissions, configurations (including SDK/API settings), and integrations. Customer is responsible for Admin actions and for maintaining appropriate internal controls over admin access.

4.3. Authorized Users

Customer may permit Authorized Users to access and use the Service on Customer's behalf and for Customer's internal operations and subject to these Terms and applicable Usage Limits. Customer will ensure that Authorized Users comply with these Terms and is responsible for their acts and omissions.

4.4. Credentials and Security

Customer is responsible for maintaining the confidentiality of usernames, passwords, API Keys, and other access credentials, and for all activities that occur under Customer's account (including those of Authorized Users). Customer will promptly notify Encatch if it becomes aware of any unauthorized access to or use of Customer's account or credentials.

4.5. Account Sharing; Seat Integrity; Enforcement

Customer will not (and will not permit any Authorized User to): (a) share, resell, rent, lease, sublicense, or otherwise make available any account, login credentials, or access rights to any person other than the specific Authorized User for whom such access was provisioned; (b) allow multiple individuals to use the same login credentials or account (including via shared inboxes, shared devices, or "generic" logins); or (c) use the Service for or on behalf of any third party, or permit access by any third party, except as expressly permitted in writing by Encatch. Encatch may use reasonable technical measures to detect unauthorized sharing or concurrent usage inconsistent with the applicable Plan and may suspend or restrict access pending verification. Customer remains responsible for all activity under its accounts and credentials.

4.6. Access Restrictions

Encatch may suspend, restrict, or terminate access to the Service in accordance with Clause 13 (Suspension and Termination), including where Encatch reasonably believes Customer's account has been compromised or is being used in violation of these Terms.

5. SCOPE OF SERVICE

5.1. Service Overview

The "Service" is a software and technology platform that enables Customers to collect, ingest, transmit, store, organize, and manage feedback and related experience data from or about Customer End Users and Customer systems, and to generate insights, analytics, dashboards, visualizations, automations, and AI-assisted outputs to help Customers review, categorize, prioritize, route, and act on such data. The Service may be delivered through one or more components, which may include, without limitation: (a) a web-based dashboard and administrative console; (b) SDKs, APIs, widgets, scripts, code snippets, libraries, and related integration tools; (c) analytics, reporting, dashboards, and visualizations; (d) automations, workflows, alerts, routing, tagging, and data enrichment; (e) AI Features and AI Outputs; (f) integrations, webhooks, connectors, or other interoperability features with Third-Party Services; and (g) any updates, upgrades, modifications, or additional features or services that Encatch may make available from time to time. The Service may be provided through Encatch systems, third-party infrastructure, and/or a combination of local/on-device and cloud processing, depending on configuration, compatibility, and availability.

5.2. License Grant

Subject to these Terms, applicable Usage Limits, and payment of applicable fees, Encatch grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable subscription term to:

a. access and use the Service (including the dashboard and any enabled AI Features) solely for Customer's own use and operations in connection with Customer's mobile application(s) and/or website(s) and Customer End Users, and not for the benefit of any third party; and

b. integrate and distribute the SDK solely as an embedded component of Customer's mobile application(s) and/or website(s) to collect Customer End-User Feedback Data for Customer's own use and operations, and not for the benefit of any third party.

5.3. SDK Terms

Customer's use, integration, and distribution of the SDK (including any SDK code, snippets, libraries, and APIs/API Keys) is subject to the SDK EULA. Customer will comply with the SDK EULA in addition to these Terms.

5.4. Configuration and Customer Control

Customer is responsible for selecting and configuring how it uses the Service (including which SDK/API settings, fields, prompts, integrations, and AI Features are enabled) and for ensuring its configuration complies with applicable laws and Customer's own policies.

5.5. Changes; Updates

Encatch may modify, update, add, or remove features or functionality of the Service from time to time (including for security, compliance, performance, or product improvement). Encatch will use commercially reasonable efforts to avoid material adverse impacts to core Service functionality during a then-current paid subscription term.

5.6. Beta / Preview / "Coming Soon" Features

Encatch may make certain features available in beta, preview, early access, pilot, "coming soon," or similar form. Such features may be subject to additional terms, may be modified or discontinued at any time, and are provided "as is" and "as available" without warranties or commitments regarding availability, performance, or continued support.

5.7. No Guaranteed Outcomes

The Service (including any AI Features) is intended to assist Customer's internal workflows and feedback operations. Encatch does not guarantee any specific business outcomes, accuracy, completeness, or results from use of the Service.

6. SDK AND API KEY USE

6.1. SDK EULA Governs

Customer's access to, integration, distribution, and use of the SDKs, APIs, API Keys, code snippets, libraries, and related developer tools is subject to the SDK EULA, which is incorporated by reference. In the event of any conflict between these Terms and the SDK EULA with respect to SDK or API usage, the SDK EULA shall control.

6.2. No White-Labeling or Standalone Use

Customer will not, and will not permit any third party to, white-label, resell, sublicense, lease, or otherwise make the SDK or any feedback-collection functionality available as a standalone product or service, or as part of a service bureau, managed service, or similar offering, except as expressly permitted in writing by Encatch.

6.3. No Circumvention of Controls

Customer will not bypass, interfere with, or circumvent any access controls, technical limitations, Usage Limits, rate limits, metering mechanisms, or other restrictions applicable to the Service, SDKs, APIs, or API Keys, including by sharing credentials, creating duplicate accounts, or using automated or programmatic means to evade plan limits.

7. CUSTOMER RESPONSIBILITIES AND ACCEPTABLE USE

7.1. Customer Responsibilities

Customer is responsible for (a) its and its Authorized Users' use of the Service, SDKs, APIs, and API Keys, (b) configuring the Service (including fields, prompts, integrations, routing, and any AI Features) in accordance with these Terms and applicable laws, and (c) ensuring that its internal policies and instructions to Authorized Users align with how Customer deploys the SDK and collects Customer End-User Feedback Data.

7.2. Customer End-User Notices and Consents

Customer will provide all notices and obtain all consents, authorizations, and rights required to (a) deploy the SDK in Customer's mobile application(s) and/or website(s), (b) collect and transmit Customer End-User Feedback Data and any Customer End User Identifiers to Encatch, (c) enable any integrations or data transfers to Third-Party Services, and (d) use AI Features in connection with Customer End-User Feedback Data (including where such processing may occur via cloud-based model providers depending on configuration and compatibility). Customer is solely responsible for the content of any end-user disclosures shown through Customer's application(s) or website(s).

7.3. Prohibited Data; Sensitive Data Restrictions

Customer will not (and will not permit Customer End Users to) submit, upload, transmit, or otherwise make available through the Service any Sensitive Data, including any personal data treated as special category/sensitive under Applicable Law, and including government-issued identification numbers, payment card data, bank account details, precise health or medical information, biometric identifiers, or similar regulated sensitive categories. Encatch does not monitor, screen, or filter Customer Data to detect or prevent submission of Sensitive Data, and Customer is solely responsible for configuring its feedback flows (including fields, prompts, and warnings/notices) to minimize and avoid collection of Sensitive Data. If Customer anticipates that Sensitive Data may be processed through the Service (whether intentionally or inadvertently), Customer must promptly notify Encatch and ensure it has provided all required notices and obtained all required consents/authorizations and lawful bases under Applicable Law. To the extent Sensitive Data is processed through the Service, the parties' obligations regarding such processing will be governed by the Sensitive Data section (or equivalent enhanced safeguards provisions) of the DPA, and Customer remains responsible for compliance with Applicable Law in relation to its collection and provision of such data to Encatch.

7.4. Acceptable Use

Customer will not, and will not permit any Authorized User, Customer End User, or third party to: (a) use the Service in violation of applicable laws or regulations; (b) upload or transmit unlawful, infringing, defamatory, or harmful content; (c) use the Service to store or transmit malware or other harmful code; (d) interfere with or disrupt the integrity or performance of the Service, SDKs, APIs, or Third-Party Services; (e) attempt to gain unauthorized access to the Service, systems, networks, or data; (f) probe, scan, or test the vulnerability of the Service except as expressly authorized in writing by Encatch; or (g) use the Service for high-risk activities where failure could result in death, personal injury, or property damage (including emergency response or life-safety systems).

7.5. No Competitive Misuse

Customer will not (and will not permit any third party to) use the Service, Customer Data, or any AI Outputs to build, benchmark, or improve a competing product or service, including by scraping or extracting data from the Service in a systematic manner beyond ordinary use.

7.6. No Unauthorized Data Collection or Scraping

Customer will not use the Service to collect, ingest, or process data in a manner that violates third-party rights or applicable law, including by uploading or importing (via CSV/JSON or otherwise) data that was collected without proper notice or consent or in breach of contractual or legal restrictions. Customer is responsible for ensuring it has a lawful basis to provide Customer End-User Feedback Data and Customer End User Identifiers to Encatch for processing.

7.7. Compliance with Usage Limits and Policies

Customer will comply with these Terms, the SDK EULA, and all Usage Limits and technical restrictions applicable to its Plan. Customer will not misrepresent usage metrics, manipulate event generation, or otherwise attempt to distort billing, limits, or reporting.

8. CUSTOMER DATA, OWNERSHIP, AND LICENSE

8.1. Customer Data Ownership

As between Encatch and Customer, Customer retains all right, title, and interest in and to Customer Data. Customer is solely responsible for the accuracy, quality, legality, and manner of acquisition of Customer Data (including ensuring it has all required rights, permissions, notices, and lawful basis/consents to provide Customer Data to Encatch for processing).

8.2. License to Encatch

Customer grants Encatch a limited, worldwide, non-exclusive, royalty-free right during the applicable subscription term to host, store, transmit, reproduce, process, and otherwise use Customer Data solely to: (a) provide, operate, maintain, secure, support, and improve the Service; provided that, to the extent Customer Data constitutes Customer End-User Feedback Data (and related Customer End User Identifiers) processed by Encatch as a processor on Customer's behalf, Encatch's use of such data for "improvement" is limited to what is necessary to provide, maintain, secure, and support the Service in accordance with Customer's documented instructions and the DPA (and does not include training, fine-tuning, or improving any machine learning or generative models except as expressly agreed in writing); (b) implement Customer's configurations and instructions provided through the Service (including routing, workflows, tagging, and integrations enabled by Customer); (c) generate AI Outputs and other results requested by Customer or its Authorized Users through use of AI Features (subject to Clause 9); and (d) comply with applicable law and enforce these Terms.

8.3. Data Processing Roles; DPA

To the extent Customer Data includes Customer End-User Feedback Data and related Customer End User Identifiers processed by Encatch on Customer's behalf, the DPA (if applicable) governs the parties' respective data protection roles and obligations. Customer acknowledges that Encatch may act as an independent controller for certain account, billing, and administrative data, as described in the Privacy Policy. For clarity, Encatch processes Customer End-User Feedback Data as a processor on Customer's documented instructions under the DPA (where applicable).

8.4. Customer Instructions; Integrations

Customer controls and is responsible for (a) the configurations it selects (including SDK settings, fields, prompts, and data collection parameters), and (b) any Third-Party Services, integrations, webhooks, or connectors it enables. Customer authorizes Encatch to transfer Customer Data to such Third-Party Services as directed or initiated by Customer, and Customer is responsible for third-party terms and any downstream processing.

8.5. Feedback and Suggestions

If Customer or its Authorized Users submit suggestions, ideas, enhancement requests, feedback, or recommendations about the Service (excluding Customer Data) ("Feedback"), Customer grants Encatch a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use and incorporate such Feedback into the Service and related offerings without restriction or compensation.

8.6. Usage Data and Aggregated Insights

Encatch may collect and use Usage Data to operate, maintain, protect, and improve the Service, develop new features, and generate aggregated analytics and benchmarks. Usage Data and any aggregated or de-identified outputs derived from Customer's use of the Service will be maintained in a manner intended not to reasonably identify Customer, Customer End Users, or any individual.

8.7. No Sale of Customer Data

Encatch does not sell Customer Data. Encatch will access and use Customer Data only as permitted under these Terms and, where applicable, the DPA, and as described in the Privacy Policy.

9. AI FEATURES AND AI CREDITS

9.1. AI Features; Assistive Use Only

The Service may include AI Features that generate AI Outputs based on Customer Data and configurations selected by Customer. AI Features are provided as assistive tools to support Customer's internal workflows, analysis, and decision-making. Customer acknowledges that AI Outputs may be probabilistic, incomplete, or inaccurate and must be reviewed and validated by humans before being relied upon. AI Outputs do not constitute professional, legal, medical, or other regulated advice.

9.2. No Guaranteed Accuracy or Outcomes

Encatch does not guarantee the accuracy, completeness, reliability, or suitability of any AI Outputs. Customer is solely responsible for evaluating and using AI Outputs, including determining whether they are appropriate for Customer's intended use. Customer will not use AI Outputs as the sole basis for decisions that produce legal effects concerning an individual or similarly significantly affect an individual, without meaningful human review, except as permitted under Applicable Law and subject to appropriate safeguards.

9.3. No AI Training on Customer Data by Default

Encatch will not use Customer Data to train, fine-tune, or improve any of its own machine learning or generative AI models unless expressly agreed in writing by Customer (for example, in an Enterprise Agreement or written addendum). Use of AI Features may involve processing via third-party model providers depending on configuration and compatibility, as described in the Privacy Policy and DPA (where applicable).

9.4. AI operational logs

Operational logs indicating when AI Features are invoked/triggered are generally retained for one (1) month in active records and may remain in backups for up to ninety (90) days, unless required by law or legal hold.

9.5. Customer Use and Configuration of AI Features

Depending on the Plan, Service configuration, and the capabilities made available in the Service from time to time, AI Features may be enabled by default and may run as part of configured workflows. Customer is responsible for its use of the Service where AI Features are enabled in its workflows and for determining what Customer Data is submitted, routed, or made available to AI Features through Customer's use of the Service (including through prompts, workflow design, and any integrations Customer enables). Customer is responsible for ensuring that its use of AI Features complies with Applicable Law and Customer's internal policies, including providing required notices and obtaining required consents where applicable. Encatch may maintain operational logs relating to AI Feature usage for security, troubleshooting, and audit purposes, retained in accordance with Encatch's retention practices.

9.6. AI Credits; Usage Limits

AI Credits (including any add-on or additional AI Credits) are issued, metered, and usable only in accordance with the applicable Plan details (including as presented in the Service, pricing page, or checkout flow) or Enterprise Agreement (as applicable), including any stated validity period, expiry, reset frequency, and carry-forward rules. Unless expressly stated otherwise in those Plan details or an Enterprise Agreement, AI Credits do not carry forward and expire as described therein.

9.7. Suspension or Limitation of AI Features

If Customer exhausts applicable AI Credits or exceeds Usage Limits, Encatch may suspend or limit access to the relevant AI Features until Customer upgrades, purchases additional credits, or the applicable usage period resets.

9.8. Regulatory and High-Risk Use Restrictions

Customer will not use AI Features for high-risk or regulated activities where failure or inaccuracy could result in death, personal injury, legal liability, or significant harm (including emergency response, medical diagnosis, or safety-critical systems), unless expressly approved in writing by Encatch.

10. INTEGRATIONS AND THIRD-PARTY SERVICES

10.1. Customer-initiated integrations

The Service may support integrations, webhooks, connectors, or other interoperability with Third-Party Services. Customer controls whether to enable or use any Third-Party Services and is solely responsible for its decision to connect them to the Service.

10.2. Third-party terms

Customer's use of any Third-Party Services is governed by the applicable third party's terms, policies, and agreements (including any fees charged by such third parties). Encatch does not control and is not responsible for Third-Party Services, including their availability, security, functionality, or any acts or omissions of the applicable third party.

10.3. Data transfers at Customer instruction

If Customer enables a Third-Party Service or configures an integration, webhook, or connector, Customer authorizes Encatch to transmit, disclose, and otherwise process Customer Data to and from that Third-Party Service, to the extent reasonably necessary to provide the integration as configured or initiated by Customer through the Service. Customer is responsible for ensuring it has all necessary rights, notices, and lawful bases/consents to enable such transfers and any downstream processing by the Third-Party Service.

10.4. No liability for third-party outages or downstream processing

Encatch will not be liable for (a) any interruption, failure, error, or loss caused by Third-Party Services, or (b) any access to, use of, or processing of Customer Data by a Third-Party Service (including any deletion, modification, or disclosure of Customer Data by such third party), except to the extent directly caused by Encatch's breach of these Terms.

10.5. Disabling integrations

Customer may disable or remove integrations through the Service (where supported). Disabling an integration may prevent further data transfers to the relevant Third-Party Service but may not delete Customer Data already transferred to such Third-Party Service. Customer is responsible for managing deletion, retention, and access controls within the applicable Third-Party Service.

11. FEES, BILLING, TAXES, AND REFUNDS

11.1. Plans; usage limits

Access to the Service may be subject to a Plan, applicable fees, and applicable Usage Limits. Plan details (including included-features, caps/limits, trial or promotional access, grace periods (if any), renewal terms (if any), and any add-ons) are as described in the Service, pricing page, checkout flow, and/or an Enterprise Agreement (as applicable).

11.2. Billing model; merchant-of-record / payment processing

Payments for the Service may be processed by Encatch and/or through one or more third-party payment processors or a merchant-of-record provider. Customer authorizes Encatch (and its payment processor/merchant-of-record, as applicable) to charge Customer's selected payment method for all amounts due in accordance with the applicable Plan details, checkout flow, the Billing Policy, and/or an Enterprise Agreement.

11.3. Fees; due dates; failed payments

Fees are due and payable in advance unless otherwise stated in the applicable Plan details, checkout flow, the Billing Policy, or an Enterprise Agreement. If Customer's Plan is offered on an auto-renewing basis, renewal (and renewal timing) will occur as described in the applicable Plan details, checkout flow, the Billing Policy, or an Enterprise Agreement. If a payment fails or is reversed, Encatch may (a) re-attempt the charge, (b) require Customer to update payment information, and/or (c) suspend or limit access to the Service until payment is received, without limiting any other rights or remedies.

11.4. Refunds and cancellations

Refunds (if any), cancellation timing, and related billing mechanics are governed by Encatch's then-current billing/refund/cancellation policy available at: https://encatch.com/docs/administrative-guide/billing/billing-faq (the "Billing Policy"). Unless the Billing Policy or an applicable Enterprise Agreement expressly states otherwise, fees are non-refundable and Customer will not be entitled to credits for partial periods.

11.5. Upgrades; downgrades; plan changes

If Customer upgrades its Plan or purchases add-ons, Customer authorizes Encatch to charge the applicable incremental amounts as described in the Service, pricing page, checkout flow, the Billing Policy, or an Enterprise Agreement. Downgrades (if offered) and their effective timing are as described in the Service, pricing page, checkout flow, the Billing Policy, or an Enterprise Agreement.

11.6. Caps/limits; no implied overages

Unless expressly stated otherwise in the applicable Plan details, checkout flow, the Billing Policy, or an Enterprise Agreement, Customer will not be charged "overage" fees solely because Customer approaches or exceeds a Usage Limit. If Customer reaches or exceeds applicable Usage Limits, Encatch may (depending on the feature and Plan) provide notice, throttle usage, restrict or suspend the relevant feature(s), require an upgrade or add-on purchase, and/or resume access when the applicable usage period resets, each as described in the Service, pricing page, checkout flow, the Billing Policy, or an Enterprise Agreement.

11.7. Taxes

Fees are exclusive of applicable taxes, duties, or government charges (including GST), which may be added and collected as required by law, unless the applicable pricing page, checkout flow, or Enterprise Agreement expressly states that taxes are included in the displayed price. Where Encatch uses a merchant-of-record or payment processor that collects and remits taxes on Encatch's behalf, such taxes will be handled through that provider as described in the checkout flow or the provider's terms. Customer is responsible for all other taxes associated with its purchase of the Service, except for taxes based on Encatch's net income.

11.8. Invoices; purchase orders; bank transfer (enterprise only)

If invoicing, purchase orders, or bank transfer payment terms are offered, they apply only if expressly agreed in writing by Encatch (for example, in an Enterprise Agreement). Any invoice is payable in accordance with the payment terms stated on the invoice or in the Enterprise Agreement.

11.9. Billing communications

Customer agrees that Encatch may send billing and account-related notices (including receipts, renewal reminders, and payment failure notices) to the email address associated with Customer's account and/or to Admins.

12. SUPPORT, MAINTENANCE, AND AVAILABILITY

12.1. Support

Encatch will use commercially reasonable efforts to provide support for the Service through the support channels described in the Service or on Encatch's support pages (if any). Unless expressly agreed in an Enterprise Agreement, Encatch does not guarantee any specific response or resolution times.

12.2. Maintenance; updates

Encatch may perform maintenance, updates, upgrades, or repairs to the Service from time to time. Encatch may make the Service (or portions of it) temporarily unavailable for maintenance or operational reasons, including emergency maintenance.

12.3. Availability; no SLA

The Service is provided on an "as available" basis. Unless expressly stated in an Enterprise Agreement, Encatch does not provide any uptime service level agreement (SLA) or service credits for downtime, interruptions, or unavailability.

12.4. Third-party dependencies

Customer acknowledges that the Service may rely on third-party infrastructure and Third-Party Services. Encatch is not responsible for outages, interruptions, or performance issues caused by third parties outside Encatch's reasonable control.

12.5. Changes to support and availability

Encatch may change its support offerings, maintenance practices, and availability features from time to time, provided that Encatch will use commercially reasonable efforts to avoid material adverse impacts to core Service functionality during a then-current paid subscription term.

13. SUSPENSION AND TERMINATION

13.1. Suspension

Encatch may suspend or limit Customer's or any Authorized User's access to the Service (in whole or in part) immediately upon notice (or, where not practicable, as soon as reasonably practicable) if Encatch reasonably believes that:

a. fees are past due or a payment has failed;

b. the Service is being used in violation of these Terms, the SDK EULA, applicable law, or applicable Usage Limits;

c. Customer's account, credentials, or use poses a security risk to the Service or to any data, systems, or users;

d. suspension is necessary to comply with law, a court order, or a governmental request; or

e. Customer's use could materially harm Encatch, the Service, or third parties.

For billing failures, Encatch may provide a short grace period or limited functionality access as described in the Service or Billing Policy, but is not required to do so.

13.2. Restoration

Where feasible, Encatch will restore access after the event giving rise to the suspension is resolved (for example, payment is received, the security risk is mitigated, or the violation is cured). Encatch may require Customer to take reasonable corrective actions as a condition to restoration.

13.3. Termination by Customer

Customer may cancel its Plan as described in the Service, pricing page, checkout flow, the Billing Policy, or an Enterprise Agreement. Unless stated otherwise therein, cancellation will be effective at the end of the then-current billing period, and Customer will remain responsible for all amounts due through the effective date of cancellation.

13.4. Termination for Cause

Either party may terminate these Terms (or an applicable Enterprise Agreement) for material breach by the other party if such breach is not cured within thirty (30) days after written notice; provided that Encatch may terminate immediately upon notice if Customer's breach is not curable or involves:

a. non-payment;

b. unlawful use, abuse of the Service, or security-related harm; or

c. unauthorized access, circumvention, or misuse of the Service, SDKs, APIs, or API Keys.

13.5. Effect of Termination

Upon the effective date of termination or cancellation:

a. Customer's right to access and use the Service will end (and Encatch may disable access);

b. Customer remains responsible for all fees accrued through the effective date; and

c. Encatch's obligations regarding retention, deletion, and export of Customer Data are governed by Clause 14 (Retention, Deletion, and Backups), the Privacy Policy, the DPA (if applicable), and any applicable Enterprise Agreement.

13.6. Data export window (if offered)

If the Service provides self-service export functionality or Encatch offers an export window as described in the Service, the Billing Policy, the Privacy Policy, the DPA, or an Enterprise Agreement, Customer may export Customer Data during that period. Encatch is not responsible for any deletion or loss of Customer Data after the applicable retention/export period ends.

13.7. Survival

Any provisions that by their nature should survive termination will survive, including restrictions, confidentiality (if applicable), disclaimers, limitation of liability, indemnities, and dispute resolution terms.

14. RETENTION, DELETION, AND BACKUPS

14.1. Retention during an active account

During Customer's subscription term (and subject to Customer's configuration choices), Customer Data is retained and made available in the Service in accordance with the applicable Plan details and the Service's functionality. For clarity, retention periods for specific categories of Customer Data (including Customer End-User Feedback Data) may vary based on the applicable Plan and Customer's retention configuration (for example, selecting a feedback data retention window such as 3 months up to 2 years), and apply during the active subscription term.

14.2. Account inactivity (admin)

If Customer's admin account is inactive (not logged in) for a continuous period of six (6) months, Encatch may notify Customer (using the email address associated with the account and/or Admin contacts) up to three (3) times, at one (1) month intervals. If Customer does not respond or access the account following such notices, Encatch may suspend or terminate the account and mark the associated Customer Data for deletion, subject to Clause 14.7 (Legal hold) and any applicable retention/export periods described in Clause 14.4.

14.3. Deletion on request

Customer may request deletion of Customer Data as described in the Service, Privacy Policy, or DPA (if applicable). Encatch will process deletion requests in a commercially reasonable timeframe, subject to: (a) verification of the requester's authority, (b) technical feasibility, and (c) any applicable legal retention or legal hold requirements.

14.4. Post-termination retention; export

After cancellation or termination, Encatch may retain Customer Data for a limited period as described in the Service, Plan details, checkout flow, the Billing Policy, the Privacy Policy, the DPA (if applicable), or an Enterprise Agreement, to allow account close-out, billing reconciliation, support requests, and (if offered) data export. Unless expressly stated otherwise in those sources, the default post-termination retention period will not exceed sixty (60) days, after which Customer Data may be deleted from active systems, subject to Clause 14.7. Where self-service export is not available, Customer may request export via Encatch support, as described in the Service or support pages (if any).

14.5. Backup deletion

After Customer Data is deleted from active systems, Encatch will use commercially reasonable efforts to delete it from backups within forty-five (45) days, unless a longer period is required by law or applicable legal hold. For clarity, this Clause 14.5 applies to Customer Data deleted from active systems and does not apply to operational logs retained in accordance with Clause 9.4.

14.6. Transient metadata and logs

Certain technical, diagnostic, and operational data (including auto-captured device/app metadata and similar properties) may be transmitted to Encatch systems for processing. Where such properties are not enabled by Customer for storage, reporting, or use as persistent attributes, Encatch will process them transiently and use commercially reasonable efforts to discard them from active records within one (1) month, subject to legal hold requirements. If Customer enables such properties for reporting/storage, retention will follow the applicable Plan details and the Service's functionality.

14.7. Legal hold

Notwithstanding anything else in these Terms, Encatch may retain Customer Data where required to comply with applicable law, lawful requests, or to establish, exercise, or defend legal claims.

15. PUBLICITY; CUSTOMER MARKS (OPT-OUT)

15.1. Use of Customer name and logo

Subject to this Clause 15, Customer grants Encatch a limited, non-exclusive, non-transferable, revocable license during the subscription term (unless revoked earlier) to use Customer's name, logo, and trademarks ("Customer Marks") solely to identify Customer as a user of the Service (for example, on Encatch's website, sales materials, and marketing listings). For clarity, Encatch will not use any individual's name, likeness, or testimonial relating to Customer without Customer's prior written consent.

15.2. No endorsement

Encatch's use of Customer Marks will not imply any sponsorship, endorsement, partnership, or affiliation, and Encatch will not issue press releases or case studies about Customer without Customer's prior written consent (email is sufficient).

15.3. Brand guidelines

If Customer provides reasonable written brand/trademark guidelines, Encatch will use commercially reasonable efforts to comply with them.

15.4. Opt-out / revocation

Customer may revoke the license in Clause 15.1 at any time by written notice delivered in accordance with Clause 22 (Notices).

15.5. Removal timing

After receiving a valid revocation notice, Encatch will use commercially reasonable efforts to (a) remove Customer Marks from Encatch's website within five (5) business days, and (b) remove Customer Marks from other non-website marketing materials in the next standard update/revision cycle, (or sooner where reasonably practicable).

15.6. Enterprise override

If an applicable Enterprise Agreement includes publicity or trademark terms, those terms will control to the extent of any conflict.

16. CONFIDENTIALITY

16.1. Confidential Information

"Confidential Information" means any non-public information disclosed by or on behalf of a party ("Disclosing Party") to the other party ("Receiving Party") in connection with the Service or these Terms, whether disclosed in writing, orally, visually, electronically, or by inspection, that (a) is marked or designated as confidential, or (b) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes: (i) the Service and any non-public features, roadmaps, pricing, plans, discounting, and performance information; (ii) non-public technical information, architecture, APIs, security measures, vulnerabilities, and any Security Incident-related details; (iii) any non-public business, financial, product, and go-to-market information; (iv) the terms of any Enterprise Agreement (if applicable) and any non-public communications relating to support or account management; and (v) all copies, extracts, analyses, compilations, and derivative materials of the foregoing. For clarity, Customer Data is addressed under Clause 8 and the DPA (if applicable). Any non-public Customer Data accessed by Encatch for support will be treated as Confidential Information under this Clause 16.

16.2. Protection and permitted use

The Receiving Party will protect the Disclosing Party's Confidential Information using at least (a) the same degree of care it uses to protect its own confidential information of a similar nature, and (b) the reasonable industry-standard degree of care for information of that type, in each case, whichever is higher, and in no event less than reasonable care.

16.3. Permitted disclosures; Representatives

The Receiving Party may disclose Confidential Information to its employees, contractors, and professional advisors ("Representatives") who have a need to know for the permitted purpose and who are bound by confidentiality obligations at least as protective as these Terms. The Receiving Party is responsible for any breach of this Clause 16 by its Representatives.

16.4. Exclusions

Confidential Information does not include information that the Receiving Party can demonstrate: (a) is or becomes publicly available through no breach of these Terms; (b) was lawfully known to the Receiving Party without restriction before receipt from the Disclosing Party; (c) is lawfully received from a third party without restriction and without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

16.5. Compelled disclosure

If the Receiving Party is required by law, regulation, or a valid court or governmental order to disclose Confidential Information, it may do so provided that, where legally permitted, it gives the Disclosing Party prompt notice and reasonably cooperates (at the Disclosing Party's expense) to seek confidential treatment or limit the disclosure. The Receiving Party will disclose only the minimum Confidential Information required.

16.6. Remedies

The Receiving Party acknowledges that unauthorized disclosure or use of Confidential Information may cause irreparable harm for which monetary damages may be inadequate. The Disclosing Party may seek injunctive or equitable relief, in addition to any other remedies available at law.

16.7. Survival

This Clause 16 will survive termination or expiration of these Terms for three (3) years; provided that obligations relating to trade secrets will survive for so long as such information remains a trade secret under applicable law.

17. SECURITY AND SECURITY INCIDENT HANDLING

17.1. Reasonable security measures

Encatch will implement and maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, disclosure, alteration, or destruction. Such safeguards may include measures relating to access controls, encryption (where appropriate), network security, and monitoring. Encatch does not warrant that the Service will be completely secure or free from vulnerabilities.

17.2. Shared responsibility

Customer acknowledges that security is a shared responsibility. Customer is responsible for (a) configuring the Service appropriately, (b) maintaining the security of its account credentials and API Keys, (c) controlling access by Authorized Users, and (d) securing its own systems, devices, and integrations with Third-Party Services.

17.3. Notification of Security Incident

In the event of a confirmed Security Incident affecting Customer Data within Encatch's systems, Encatch will notify Customer without undue delay and, where feasible, within seventy-two (72) hours after Encatch becomes aware of the confirmed Security Incident. Notice may be provided by email to Customer's Admin contact(s) or through the Service.

17.4. Incident response and cooperation

Encatch will take commercially reasonable steps to contain, investigate, and mitigate the effects of a Security Incident. Encatch will provide information reasonably requested by Customer to assist Customer in meeting its own legal obligations, subject to confidentiality and security limitations. Any additional assistance beyond Encatch's standard incident response may be provided at Customer's expense, as agreed.

17.5. Limitations

Encatch will not be responsible for Security Incidents or breaches resulting from (a) Customer's or Authorized Users' acts or omissions, (b) compromised credentials not caused by Encatch, (c) Customer's configuration choices, or (d) Third-Party Services outside Encatch's reasonable control.

18. WARRANTIES AND DISCLAIMERS

18.1. Service provided "as is" and "as available"

Except as expressly stated in an Enterprise Agreement, the Service (including the SDKs, APIs, integrations, and any AI Features) is provided on an "as is" and "as available" basis.

18.2. No implied warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENCATCH DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

18.3. No guarantee of uninterrupted or error-free service

Encatch does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected, or that the Service will be free of viruses or other harmful components.

18.4. AI Features and AI Outputs disclaimers

Customer acknowledges that AI Outputs may be probabilistic, incomplete, inaccurate, or inappropriate for Customer's use case. Encatch disclaims any warranty regarding the accuracy, completeness, reliability, or suitability of AI Outputs. Customer is solely responsible for reviewing and validating AI Outputs before relying on them, and for determining whether AI Outputs are appropriate for Customer's intended use.

18.5. Third-Party Services and integrations

Encatch does not warrant and is not responsible for any Third-Party Services, including their availability, security, functionality, or any acts or omissions of third parties. Any integration is provided for convenience and may be modified, interrupted, or discontinued.

18.6. Beta/preview features

Any beta, preview, early access, pilot, or "coming soon" features are provided "as is" and "as available," may contain errors or limitations, and may be changed or discontinued at any time.

18.7. Data and compliance responsibility

Customer is responsible for (a) configuring and using the Service in compliance with applicable laws, (b) obtaining all notices, consents, and rights required for its collection and use of Customer Data, and (c) maintaining appropriate backups or exports of Customer Data where needed.

18.8. No professional advice

The Service and any AI Outputs do not constitute legal, medical, financial, or other professional advice, and Customer should not rely on them as such.

18.9. Jurisdictional limitation

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to Customer. In such cases, Encatch's warranties are limited to the minimum scope permitted by applicable law.

19. LIMITATION OF LIABILITY

19.1. Exclusion of indirect damages

To the maximum extent permitted by applicable law, in no event will Encatch be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, anticipated savings, or data, arising out of or relating to the Service or these Terms, even if Encatch has been advised of the possibility of such damages.

19.2. Liability cap

To the maximum extent permitted by applicable law, Encatch's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the fees paid (or payable) by Customer to Encatch for the Service in the six (6) months immediately preceding the event giving rise to the claim.

19.3. Basis of the bargain

Customer acknowledges that the fees reflect the allocation of risk under these Terms and that the limitations in this Clause 19 form an essential basis of the bargain between the parties.

19.4. Exceptions

Nothing in these Terms excludes or limits Encatch's liability to the extent it cannot be excluded or limited under applicable law. Without limiting the foregoing, the exclusions and cap in this Clause 19 will not apply to liability of Encatch arising from Encatch's fraud or willful misconduct.

19.5. Third-Party Services

Without limiting Clause 10, Encatch will not be liable for any interruption, failure, security issue, or loss caused by Third-Party Services or third-party infrastructure outside Encatch's reasonable control.

20. INDEMNITIES

20.1. Customer indemnity

Customer will defend, indemnify, and hold harmless Encatch, its Affiliates, and their respective directors, officers, employees, and agents from and against any third-party claims, demands, suits, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

a. Customer Data or any content submitted, uploaded, transmitted, or otherwise made available by or on behalf of Customer or Customer End Users through the Service (including any allegation that such content infringes, misappropriates, or violates any third-party rights);

b. Customer's failure to provide required notices, obtain required consents, or establish a lawful basis to collect, use, and provide Customer Data (including Customer End-User Feedback Data and any Customer End User Identifiers) to Encatch for processing;

c. Customer's deployment, configuration, or use of the Service, SDKs, APIs, or API Keys in violation of these Terms, the SDK EULA, applicable law, or any Usage Limits;

d. Customer's integrations with, or use of, Third-Party Services (including webhooks/connectors) and any downstream processing or disclosure of Customer Data by such third parties;

e. Customer's use of the Service to collect, ingest, import, or process data (including via CSV/JSON or similar imports) in a manner that violates applicable law or third-party rights; and

f. Any acts or omissions of Customer's Authorized Users or Customer End Users in connection with the Service.

20.2. Indemnity procedure

Encatch will:

a. promptly notify Customer in writing of any indemnified claim (provided that any delay will not relieve Customer of its obligations except to the extent materially prejudiced by the delay);

b. give Customer control of the defense and settlement of the claim (provided that Customer may not settle any claim in a manner that imposes any admission of liability or obligation on Encatch without Encatch's prior written consent, not to be unreasonably withheld); and

c. provide reasonable cooperation at Customer's expense. Encatch may participate in the defense with counsel of its choosing at its own expense.

20.3. Enterprise IP indemnity (if applicable)

Any intellectual property indemnity by Encatch (if offered) will apply only if expressly set out in an Enterprise Agreement, and will be subject to the terms, conditions, exclusions, and remedies stated therein.

21. IP AND PROPRIETARY RIGHTS

21.1. Encatch IP

As between the parties, Encatch and its licensors retain all right, title, and interest in and to the Service, including the dashboard, software, SDKs, APIs, API Keys, integrations, AI Features, AI Outputs (to the extent not consisting of Customer Data), documentation, and all related technology and intellectual property rights. Except for the limited rights expressly granted in these Terms (and the SDK EULA, as applicable), no rights are granted to Customer, whether by implication, estoppel, or otherwise.

21.2. Customer Data

As between Encatch and Customer, Customer retains all right, title, and interest in and to Customer Data, subject to the license granted to Encatch under Clause 8.2 and, where applicable, the DPA.

21.3. Feedback

Customer (and its Authorized Users) may provide Feedback as described in Clause 8.5. Encatch may use such Feedback in accordance with Clause 8.5.

21.4. Restrictions; no reverse engineering

Except to the extent prohibited by applicable law, Customer will not (and will not permit any third party to): (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas or algorithms of the Service; (c) remove or alter proprietary notices; or (d) use the Service to build, benchmark, or improve a competing product or service (including by systematic scraping or extraction beyond ordinary use). SDK-specific restrictions (including SDK distribution, API Keys, and developer tooling) are governed by the SDK EULA.

21.5. Open-source software

The Service, SDKs, or related components may include or incorporate open-source software ("OSS"). OSS is licensed to Customer under the applicable OSS license terms (not these Terms), and those OSS license terms will control with respect to the OSS components. Where required, Encatch will make applicable OSS notices available in the documentation, within the SDK/package, or on Encatch's website/support pages.

21.6. Customer Marks

Customer grants Encatch only the limited rights to use Customer Marks described in Clause 15. Except as expressly stated in Clause 15, Encatch will not use Customer Marks without Customer's consent.

21.7. Reservation of rights

Each party reserves all rights not expressly granted under these Terms.

22. NOTICES

22.1. Method of notice

Except as otherwise expressly stated in these Terms, any legal notice required or permitted under these Terms must be in writing and will be deemed given:

a. when delivered personally;

b. one (1) business day after being sent by reputable overnight courier; or

c. when sent by email to the designated notice email address, provided no bounce-back or delivery failure message is received.

22.2. Notice to Encatch

Legal notices to Encatch must be sent by email to [legal@encatch.com] (or such other email address as Encatch designates in the Service or on its website) and by courier, registered post, or speed post to:

Phyder Mobile Solutions Pvt. Ltd. 412/413, 4th Floor, Palmspring (Above Croma) Link Road, Malad West Mumbai City, Mumbai, Maharashtra 400064 India

22.3. Notice to Customer

Notices to Customer will be sent to the email address associated with Customer's account or to any designated Admin contact.

22.4. Operational communications

Service-related communications (including billing notices, security alerts, support communications, and general updates) may be provided through the Service, dashboard notifications, or email, and will be deemed effective when sent.

22.5. Change of contact details

Either party may update its notice details by providing written notice in accordance with this Clause 22.

23. GOVERNING LAW; DISPUTE RESOLUTION

23.1. Governing law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or relating to the Service or these Terms will be governed by and construed in accordance with the laws of India.

23.2. Exclusive jurisdiction (Mumbai)

The courts at Mumbai, Maharashtra, India will have exclusive jurisdiction over (a) any dispute, claim, or proceeding arising out of or relating to these Terms (including any question regarding their existence, validity, or termination), (b) any application for interim or injunctive relief (including under the Arbitration and Conciliation Act, 1996), and (c) any application relating to the arbitration (including appointment of the arbitrator, interim measures, supervisory jurisdiction, and enforcement of any arbitral award). For clarity, arbitration under Clause 23.4 will be the final method of resolving disputes on the merits, and the courts at Mumbai will be approached only for interim relief and arbitration-related court applications.

23.3. Good-faith negotiations; mediation (pre-arbitration)

Before commencing arbitration, a party must deliver a written notice of dispute describing the nature of the dispute, the relief sought, and the basis for its position. The parties will use good faith efforts to resolve the dispute informally for fifteen (15) days after the notice of dispute is received (the "Negotiation Period"). If the dispute is not resolved within the Negotiation Period, either party may propose mediation in Mumbai, India (in English). Unless the parties agree otherwise in writing, mediation will be non-binding and will not extend beyond thirty (30) days from the date the mediation is initiated. If the dispute is not resolved through negotiation/mediation, either party may commence arbitration by submitting a notice of arbitration in accordance with Clause 23.4.

23.4. Arbitration

Any dispute, controversy, or claim arising out of or relating to the Service or these Terms, including their existence, validity, interpretation, performance, breach, termination, or enforceability, will be finally resolved by arbitration administered by the Mumbai Centre for International Arbitration (MCIA) in accordance with the MCIA Rules in force when the notice of arbitration is submitted.

23.5. Seat, venue, language; tribunal

The seat (and legal place) of arbitration will be Mumbai, India. The venue of hearings will be Mumbai, India (or such other place / remote mode as the tribunal may determine). The arbitration will be conducted in English. The tribunal will consist of one (1) arbitrator.

23.6. Confidentiality

The parties will keep the existence of the arbitration, all arbitral communications, and all materials and awards confidential, except to the extent disclosure is required by law, to enforce an award, or to seek interim relief.

23.7. Continuity

During the pendency of any dispute, each party will continue to perform its undisputed obligations under these Terms to the extent commercially reasonable.

24. GENERAL TERMS

24.1. Assignment

Customer may not assign or transfer these Terms (or any rights or obligations under them) without Encatch's prior written consent. Encatch may assign these Terms without Customer's consent (a) to an Affiliate, or (b) in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Encatch's assets. Any attempted assignment in violation of this Clause 24.1 is void. Subject to the foregoing, these Terms bind and benefit the parties and their permitted successors and assigns.

24.2. Force majeure

Neither party will be liable for any delay or failure to perform (other than payment obligations) due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, civil unrest, labor disputes, government actions, epidemics/pandemics, internet or telecommunications failures, power outages, and failures of third-party hosting or infrastructure providers ("Force Majeure Event"). The affected party will use commercially reasonable efforts to mitigate the effects of the Force Majeure Event.

24.3. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent as closely as possible.

24.4. Waiver

No failure or delay by either party in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy. Any waiver must be in writing and signed by the party granting the waiver. A waiver of any breach will not be a waiver of any other breach.

24.5. Relationship of the parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary relationship, or employment relationship between the parties. Customer has no authority to bind Encatch.

24.6. Entire agreement

These Terms, together with the Incorporated Terms (and any applicable Enterprise Agreement), constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings, communications, or agreements on that subject matter. In the event of any conflict, the order of precedence in Clause 1.2 will apply.

24.7. Changes to these Terms

Encatch may update these Terms from time to time. Unless an Enterprise Agreement states otherwise, updated Terms will be effective when posted in the Service or on Encatch's website (or otherwise made available to Customer). If a change materially reduces Customer's rights or materially increases Customer's obligations, Encatch will use commercially reasonable efforts to provide notice (for example, via the Service or email). Continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.

24.8. Survival

Clauses that by their nature should survive termination or expiration will survive, including (as applicable) Clauses 1–2, 7–11, 13–14, 16–24, and any disclaimers, limitations of liability, indemnities, and dispute resolution provisions.