Contact Us

TERMS OF USE AND PRIVACY POLICY

PART I – PRELIMINARY

This Terms of Use and Privacy Policy (“Policy”) is a legally binding electronic record generated under the Information Technology Act, 2000 and the rules made thereunder and does not require physical or digital signatures.

This Policy governs access to and use of the mobile application and website (collectively, the “Platform”) owned, operated and controlled by INTRAWATT PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, bearing Corporate Identification Number (CIN) U40300GJ2022PTC130485 and having its registered office at Flat No. 903, Swagat Apartment, Behind Manav Mandir, Memnagar, Ahmedabad – 380052, Gujarat, India (hereinafter referred to as the “Company”, “IPL”, “We”, “Us” or “Our”).

1. Definitions and Interpretation

Unless the context otherwise requires, the following capitalized terms shall have the meanings assigned to them below:

  • “APPLICABLE LAW” means all statutes, enactments, acts of legislature, rules, regulations, notifications, guidelines, directions, ordinances and orders having the force of law in India, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection (DPDP) Act, 2023 and the Indian Contract Act, 1872.
  • “CONSENT” means any freely given, specific, informed, unconditional and unambiguous indication of the User’s agreement to the processing of Personal Data through clear affirmative action, in accordance with the Digital Personal Data Protection Act, 2023.
  • “DATA FIDUCIARY” shall have the meaning ascribed to it under the Digital Personal Data Protection Act, 2023 and, for the purposes of this Policy, refers to IPL.
  • “PERSONAL DATA” means any data about an individual who is identifiable by or in relation to such data, as defined under the Digital Personal Data Protection Act, 2023.
  • “PLATFORM” means the mobile application and website owned and operated by IPL, including all features, dashboards, analytics engines, reports and interfaces made available therein from time to time.
  • “SERVICES” means the diagnostics, monitoring, analytics, prognosis, maintenance facilitation and related services offered through the Platform.
  • “USER”, “YOU” or “YOUR” means any natural person or legal entity accessing or using the Platform, including its authorized representatives.
  • “THIRD PARTY” means any person or entity other than the User and IPL, including service partners, Original Equipment Manufacturers (OEMs), payment gateways and governmental authorities.
  • “LEGITIMATE BUSINESS PURPOSE” means any lawful, proportionate and bona fide purpose reasonably and directly connected with, incidental to, or necessary for the carrying on of IPL’s business operations and objects as set out in its Memorandum of Association and other constitutional documents, including but not limited to:

    • Compliance with Applicable Law, regulatory directives, statutory filings, governmental requests, court orders and quasi-judicial proceedings;
    • Regulatory reporting, internal or external audit requirements, due diligence processes, financial controls and corporate governance obligations;
    • Fraud detection, fraud prevention, risk assessment, cybersecurity monitoring, incident response, system integrity protection and prevention of unauthorized access or misuse;
    • Dispute resolution, investigation of complaints, enforcement of contractual or statutory rights, recovery proceedings, defense of legal claims and protection of intellectual property or proprietary interests;
    • Internal administration, record keeping, documentation, archival obligations, accounting requirements and business continuity planning;
    • Analytics, research, statistical analysis, performance evaluation, product enhancement, system development, technological upgrades and quality assurance, including anonymization or aggregation of data where feasible;
    • Risk management, internal compliance monitoring, prevention of money laundering or unlawful activities, and safeguarding of business reputation and operational integrity;
    • Communication with Users in relation to service updates, security notifications, policy changes or operational requirements.

    Provided always that such purpose shall be proportionate to the nature of processing undertaken, shall not override the fundamental rights of the Data Principal under the Digital Personal Data Protection Act, 2023, and shall be undertaken in a manner consistent with principles of lawfulness, fairness, transparency and data management as applicable under Indian law and, where territorially applicable, under relevant foreign data protection legislation.

  • “ARYOS” means the proprietary brand name, trade name, trademark, service mark, logo and commercial identifier owned, adopted and used by INTRAWATT PRIVATE LIMITED (IPL) in relation to its products, software platforms, analytics systems, diagnostic and prognostic services and associated offerings.

Aryos is a brand of INTRAWATT PRIVATE LIMITED and does not constitute a separate legal entity, partnership or independent organization.

Any unauthorized use, reproduction, imitation, adaptation, transliteration, registration, domain name adoption, deceptive similarity, passing off, dilution, misrepresentation or infringement of the Aryos brand or any confusingly similar mark shall be treated as a material breach of this Policy and may attract civil and/or criminal proceedings under Applicable Law, including but not limited to remedies available under trademark, intellectual property and unfair competition laws.

Words importing the singular shall include the plural and vice versa. Headings are inserted for convenience only and shall not affect the interpretation of this Policy.

2. Pre-Condition to Use

Access to or use of the Platform is strictly conditional upon the User having read, understood and expressly consented to this Policy, and such consent shall constitute a legally binding agreement and a mandatory pre-condition to availing of any Services through the Platform.

Nothing in this Privacy Policy grants any right to access, inspect or analyze proprietary systems, algorithms or architecture beyond what is expressly permitted under the Terms of Use.

3. Acceptance of Terms, Electronic Consent, Authority and Legal Capacity

By accessing, downloading, installing, registering on, or using the Platform, or by clicking on the “I Agree”, “Accept”, “Continue” or any similar button/icon, the User expressly acknowledges, represents and warrants that:

  • The User has read, understood and voluntarily agreed to be bound by this Policy;
  • Age Restriction: By accessing the Platform, the user represents in true spirit that he is at least 18 years of age and legally competent to enter into a contract.
  • Such action constitutes explicit, free, informed, specific and unambiguous consent under Section 6 of the Digital Personal Data Protection Act, 2023;
  • Such acceptance constitutes a valid and enforceable electronic contract under Section 10A of the Information Technology Act, 2000;
  • The User is legally competent to contract under the Indian Contract Act, 1872 and is not a minor, insolvent or otherwise disqualified;
  • Where the User is acting on behalf of any company, partnership, association or other legal entity, the User has obtained all necessary corporate, statutory and internal approvals, authorizations and resolutions to bind such entity to this Policy and shall be solely responsible for compliance therewith.

If the User does not agree with any provision of this Policy, access to and use of the Platform must be discontinued immediately.

4. Nature, Scope and Limitations of Services

The Platform operates as a specialized digital diagnostic, monitoring, analytic and prognosis interface for solar energy systems, smart meters, batteries or any other type of energy storage mechanism, any type of power converters, EV chargers, installed at User’s premises, by IPL or any other 3rd party.

The Platform enables Users to:

  • Monitor various parameters including but not limited to solar generation, home energy consumption, battery health, EV charging statistics and various system performance parameters;
  • Receive system health indicators, alerts, alarms and diagnostic reports, notifications and analytics, if any;
  • Receive relevant material including promotional material through call, WhatsApp, SMS, Email or any such mode;
  • Request any type of one-time or annual contract-based operation and maintenance related services for any of the systems installed at User’s premises;
  • Access analytics derived from third-party hardware including batteries, inverters, dongles, sensors and data inputs from authorized field personnel.

The User expressly understands and agrees that IPL is not a manufacturer or certifying authority of any solar hardware or associated equipment.

All hardware devices operate independently, and data displayed on the Platform is received from system installed at User’s premises on an “as-is” and “as-available” basis.

IPL does not warrant the accuracy, completeness, reliability or performance of such hardware or data and shall not be liable for any malfunction, data discrepancy, delay, interruption or loss arising therefrom.

PART II – SERVICES & USER CONDUCT & THEIR ACCEPTANCE

5. User Obligations, Representations and Ethical Conduct

The User undertakes to provide accurate, current and complete information including personal details, utility data and system specifications.

The User shall be solely responsible for maintaining confidentiality of account credentials and for all activities carried out through the account.

The User agrees not to engage in any activity that is unlawful, unethical or detrimental to the Platform, including but not limited to:

  • Impersonation;
  • Harassment;
  • Unauthorized solicitation;
  • Data scraping;
  • Reverse engineering;
  • De-compilation;
  • Interference with system security;
  • Post-disengagement commercial exploitation.

Any violation may result in immediate suspension or termination of access and initiation of appropriate civil and criminal proceedings.

6. Prohibition on Reverse Engineering and Derivative Development

The User shall not, directly or indirectly, and shall not permit any third party to:

  • Reverse engineer, decompile, disassemble, decode or otherwise attempt to derive the source code, object code, algorithms, architecture, data models, analytics engines or underlying structure of the Platform;
  • Extract, scrape, copy, replicate, benchmark, test, analyze or attempt to reconstruct any proprietary methodology, diagnostic logic, prognostic system, data structure or computational process used by IPL;
  • Create derivative works, competing products, substitute platforms or parallel systems based on access to or use of the Platform;
  • Circumvent, disable or bypass any technical protection measures or security mechanisms implemented by IPL.

Any breach of this clause shall constitute a material breach of this Policy and may result in immediate suspension, termination and pursuit of civil and/or criminal remedies under Applicable Law.

7. Collection of Personal and Technical Data

In the course of providing services, IPL may collect and process the following categories of data:

  • Personal identifiers such as name, mobile number, email address and postal address etc.;
  • Documents including electricity bills and system-related records;
  • Device, browser, IP address, log files and usage metadata;
  • Solar and home energy analytics including generation units, consumption patterns, inverter alarms, fault diagnostics and performance indicators;
  • Location data including GPS-based information;
  • Data collected via one-way or two-way communication directly from the User, automatically through the Platform, or via authorized third-party service providers including:

    • Electricity distribution companies;
    • State or local utility companies;
    • Load dispatch centers;
    • Government departments, ministries and organizations;
    • Assigned third parties or platforms;
    • Original Equipment Manufacturers (OEMs);
    • OEM integrations;
    • Inverter, meter, storage and EV charger manufacturers.

The above list is indicative and not exhaustive.

8. Collection of Personal and Technical Data (Including KYC)

In the course of providing Services, IPL may collect and process Personal Data and technical data, including where required, information for identity verification and customer due diligence (“KYC Data”).

Such data may include:

  • Name;
  • Address;
  • Contact details;
  • Government-issued identification details;
  • Utility bills;
  • Installation records;
  • Any other information reasonably required to verify the identity, authority and eligibility of the User.

KYC Data shall be collected only where necessary for:

  • Regulatory compliance;
  • Fraud prevention;
  • Contractual verification;
  • Subscription activation;
  • Payment processing;
  • Risk management purposes.

The User expressly consents to the collection, verification, storage and processing of such KYC Data and undertakes to provide accurate, complete and current information.

IPL reserves the right to suspend, restrict or terminate access to the Platform or Services where KYC information:

  • Is not provided;
  • Is incomplete;
  • Is inaccurate;
  • Is outdated;
  • Cannot be verified to IPL’s reasonable satisfaction.

IPL shall not be responsible for any loss or inconvenience arising from such suspension or termination.

KYC Data shall be retained only for such period as required under Applicable Law or for legitimate business purposes and shall be processed in accordance with this Policy.

9. Privacy Notice under the Digital Personal Data Protection Act, 2023

This Privacy Notice is issued in accordance with Section 5 of the Digital Personal Data Protection Act, 2023.

At or before the time of collection of Personal Data, the User is hereby informed that:

  • Data Fiduciary: INTRAWATT PRIVATE LIMITED (IPL) acts as the Data Fiduciary in respect of Personal Data processed through the Platform.
  • Categories of Personal Data Collected: Personal identifiers (name, contact details, email, mobile number), utility and system-related information, KYC data (where applicable), device information, IP address, usage logs, location data (subject to permission), and solar system analytics.
  • Purpose of Processing: Personal Data is processed for diagnostics, monitoring, analytics, service delivery, maintenance support, subscription management, regulatory compliance, fraud prevention, cybersecurity, legitimate business purposes and enforcement of contractual rights.
  • Legal Basis: Processing is undertaken based on the User’s explicit consent or for legitimate uses permitted under the Digital Personal Data Protection Act, 2023.
  • Data Sharing: Personal Data may be shared with authorized service partners, OEMs, payment gateways, cloud service providers, group entities and governmental authorities where required by Applicable Law.
  • Retention: Personal Data shall be retained only for as long as necessary for the purposes stated herein, subject to Applicable Law and legitimate business requirements.
  • User Rights: The User may exercise rights of access, correction, erasure (where applicable), withdrawal of consent and nomination in accordance with this Policy and Applicable Law.
  • Grievance Redressal: For any privacy-related grievance or request, the User may contact the Grievance Officer whose details are provided in this Policy.

By clicking “I Agree” or continuing to use the Platform after being presented with this Notice, the User acknowledges receipt of this Privacy Notice and provides consent for processing of Personal Data in accordance with the terms herein.

PART III – DATA PROTECTION & PRIVACY

10. Withdrawal of Consent

The User may withdraw consent for processing of Personal Data at any time where such processing is based solely on consent, by submitting a written request through the Platform interface, registered email communication, or by contacting the Grievance Officer in the manner prescribed herein.

Withdrawal of consent shall:

  • Operate prospectively and shall not affect the lawfulness of processing undertaken prior to such withdrawal;
  • Be subject to identity verification and authentication procedures reasonably required by IPL;
  • Not apply to processing required under Applicable Law, contractual necessity, Legitimate Business Purpose, fraud prevention, dispute resolution, enforcement of rights, archival obligations, or regulatory compliance;
  • Result in suspension, restriction or termination of Services where the withdrawn consent relates to processing essential for provision, security or continuity of the Services.

IPL shall process withdrawal requests within the timelines prescribed under Applicable Law, subject to feasibility, statutory exemptions, protection of rights of other individuals and compliance with cross-border legal obligations, where applicable.

11. Data Breach and Security Incident Notification

In the event of any Personal Data breach or security incident affecting Personal Data, IPL shall take reasonable and proportionate steps to investigate, contain and mitigate such incident.

Where required under Applicable Law, IPL shall notify affected Users and competent authorities within the timelines prescribed by such law.

Nothing herein shall impose notification obligations beyond those mandated under Applicable Law.

12. Data Upon Discontinuation of Services

In the event the User discontinues, cancels or otherwise terminates use of the Services, the User expressly acknowledges and agrees that IPL may, at its sole discretion and subject to Applicable Law and this Policy, retain, archive, anonymize or permanently erase any Personal Data, system data, analytics records, logs or related information associated with the User’s account.

The User further agrees that IPL shall not be under any obligation to retain, restore, migrate or provide access to such data after discontinuation of Services, except to the extent mandated under Applicable Law.

The User shall have no right to object to or direct the manner of such retention or erasure, provided that IPL acts in accordance with this Policy and Applicable Law.

13. Purpose, Lawful Basis and Consent Management under DPDP Act, 2023

Personal Data shall be collected and processed strictly in accordance with the Digital Personal Data Protection Act, 2023 (“DPDP Act”).

IPL shall process Personal Data only on the basis of:

  • Explicit consent provided by the User through affirmative action; or
  • Such legitimate uses as are expressly permitted under the DPDP Act.

By clicking “I Agree”, “Accept”, “Continue”, registering an account, or otherwise using the Platform, the User provides free, specific, informed, unconditional and unambiguous consent for the collection, processing, storage, sharing and retention of Personal Data for the following purposes:

  • Diagnostics, monitoring, analytics, prognosis and maintenance services;
  • Performance of contractual obligations and customer support;
  • Billing, payment processing and subscription management;
  • Compliance with applicable laws, regulations, court orders and governmental directions;
  • Cybersecurity, fraud prevention, system integrity and audit;
  • Internal analytics, research and platform improvement using anonymized or aggregated data.

Consent granted herein shall remain valid until withdrawn in accordance with this Policy.

Withdrawal of consent shall not affect processing already lawfully undertaken and may result in suspension or termination of services where processing is essential.

14. Data Retention, Storage, Privacy Notice and User Rights

Prior to or at the time of collection of Personal Data, the User is provided with a clear and accessible notice through this Platform describing the categories of data collected, purposes of processing, data sharing practices, retention periods and grievance redressal mechanisms, in compliance with Section 5 of the DPDP Act.

Continued use of the Platform after display of such notice shall constitute acknowledgment thereof.

IPL shall retain Personal Data only for such duration as is reasonably necessary to fulfil the purposes stated in this Policy, comply with statutory or contractual obligations, resolve disputes, enforce legal rights or for legitimate business purposes including long-term diagnostics and analytics, in accordance with Section 8 of the DPDP Act.

Strictly subject to the Digital Personal Data Protection Act, 2023 and other Applicable Laws, and upon submission of a valid and verifiable written request in the manner prescribed by IPL, the User may exercise the following rights, to the extent legally available:

  • The right to obtain a summary of Personal Data being processed by IPL;
  • The right to request correction, completion of or updating inaccurate or incomplete Personal Data;
  • The right to request erasure of Personal Data which is no longer necessary for the purposes for which it was processed, subject to legal, contractual or legitimate business retention requirements;
  • The right to withdraw consent for processing that is based solely on consent, provided that such withdrawal shall not affect the lawfulness of any processing carried out prior to the withdrawal and may result in the suspension or discontinuation of the Services;
  • The right to nominate another individual to exercise rights on behalf of the User in the event of death or incapacity, in accordance with Applicable Law.

All requests shall be processed subject to identity verification, authentication procedures, feasibility of compliance, statutory limitations, protection of rights of other individuals, and legitimate business or regulatory obligations of IPL.

IPL shall process such requests as per Company’s Internal Policies but within the timelines prescribed by law, subject to statutory exemptions under Applicable Law, where applicable.

15. Data Sharing, Disclosure, Cross-Border Processing and Foreign Users

The User expressly acknowledges and consents that Personal Data may be processed, stored and accessed on cloud infrastructure or data centers located within or outside India, subject to compliance with Applicable Law and reasonable security safeguards.

International Data Protection Compliance

IPL shall process Personal Data in accordance with the Digital Personal Data Protection Act, 2023 and other Applicable Law in India.

To the extent IPL is legally subject to data protection laws of any foreign jurisdiction by reason of territorial applicability, including where services are actively offered in such jurisdiction, IPL shall comply with such laws strictly to the extent mandated.

Nothing contained herein shall be construed as voluntary submission to or assumption of obligations under any foreign law beyond its legally binding scope.

International Data Transfers

Where Personal Data is transferred across jurisdictions, IPL shall implement reasonable and appropriate contractual, technical and organizational safeguards as required under Applicable Law, including data security, access control and risk mitigation measures proportionate to the nature of processing.

Foreign Users

Users accessing the Platform from jurisdictions outside India expressly acknowledge and agree that:

  • The Platform is operated from India and is governed by Indian laws;
  • Personal Data may be transferred to, stored in, or processed within India or other jurisdictions where IPL or its service providers maintain infrastructure;
  • Data protection laws in such jurisdictions may differ from those in the User’s country of residence;
  • By accessing or using the Platform, the User provides explicit consent to such cross-border transfer and processing of Personal Data;
  • IPL makes no representation that the Platform complies with the data protection, consumer protection or regulatory requirements of any jurisdiction other than India.

Users who do not consent to such processing or whose local laws prohibit such access are advised not to use the Platform.

16. Cookies & Similar Technologies

The Platform may use cookies, web beacons, pixel tags, SDKs and similar technologies to enable core functionality, remember preferences, measure usage, and improve performance.

Users can manage cookie preferences through browser settings; disabling certain cookies may impair Platform functionality.

17. Promotional Communications

IPL may send emails, SMS or WhatsApp communications in relation to offers, updates and new features.

Users may opt out at any time via in-message controls or account settings.

Operational messages including security alerts and service notices are not optional.

18. Confidentiality and Non-Solicitation

All system analytics, dashboards, reports, customer information, technical documentation and proprietary data accessible through the Platform constitute confidential information and intellectual property of IPL.

The User, including their employees, agents and representatives, shall not disclose, reproduce, exploit or use such information except strictly for authorized purposes.

The User further undertakes not to solicit, induce or attempt to solicit any client, customer or business associate of IPL for competing or similar services, directly or indirectly, during the term of engagement and for a period of two (2) years post disengagement.

19. Subscription, Payments and Refunds

The Platform may offer paid services including various one-time and annual contract-based operation and maintenance services.

Payments shall be processed through secured third-party payment gateways.

Refunds shall be permissible only in cases of:

  • Non-fulfilment of defined services on part of IPL; or
  • Cancellation within seven (7) days of subscription, subject to verification of such claim of non-fulfilment.

No refunds shall be issued for services already rendered or one-time completed engagements.

20. Intellectual Property Rights, Restrictions and Liquidated Damages

All rights, title and interest, whether existing now or arising in future, including all intellectual property rights in and to the Platform, Services, software, source code, object code, system architecture, algorithms, analytics engines, dashboards, reports, formats, data structures, databases, documentation, trademarks, logos, trade names, domain names including the existing brand name “Aryos” or any such brand name developed by IPL in future and all related proprietary materials (collectively, the “IPL IP”) shall vest solely and exclusively with IPL or its licensors.

Nothing contained in this Policy shall be construed as granting, by implication, estoppel or otherwise, any license or right to the User in respect of the IPL IP, except a limited, revocable, non-exclusive, non-transferable and non-sub licensable right to access and use the Platform strictly in accordance with this Policy.

The User expressly agrees and undertakes that it shall not, directly or indirectly:

  • Copy, reproduce, modify, adapt, translate, distribute, publish, display, transmit or create derivative works of any part of the Platform or IPL IP;
  • Reverse engineer, decompile, disassemble, decode or otherwise attempt to derive the source code, underlying ideas, algorithms, structure or know-how of the Platform;
  • Access the Platform or IPL IP for the purpose of developing, benchmarking or operating a competing or similar product or service;
  • Remove, alter or obscure any proprietary notices, labels or marks;
  • Permit or enable any third party to do any of the foregoing.

21. Branding and Use of Aryos

The User acknowledges that “Aryos” is a registered or proprietary brand of IPL and forms part of the IPL IP.

The User shall not use, reproduce, display, publish, register, adopt, imitate, modify, translate, transliterate, combine with other marks, or otherwise exploit the name “Aryos” or any identical or deceptively, confusingly or imitating similar mark, logo, trade name, domain name or commercial identifier without the prior written consent of IPL.

Any unauthorized use, imitation, passing off, dilution or misrepresentation in relation to the Aryos brand shall constitute infringement and a material breach of this Policy and may subject the User to civil and criminal action, including penal consequences under Applicable Law.

22. Liquidated Damages for Intellectual Property Breach

The User expressly acknowledges and agrees that any unauthorized use, misappropriation, disclosure, copying, reproduction, extraction, reverse engineering, competitive benchmarking, derivative development, exploitation of the IPL IP, or unauthorized use of the Aryos brand would result in substantial and irreparable commercial harm to IPL.

Such harm may include but is not limited to:

  • Loss of proprietary advantage;
  • Dilution of intellectual property value;
  • Competitive injury;
  • Reputational damage.

The precise quantum of such loss would be inherently difficult and impracticable to ascertain.

Accordingly, the parties agree that, in the event of any such breach, the User shall be liable to pay liquidated damages of INR 2,00,00,000/- (Rupees Two Crore only) per breach or per instance.

The parties agree that such amount is a genuine and reasonable pre-estimate of loss under Section 74 of the Indian Contract Act, 1872 and shall not be construed as a penalty.

For the purposes of this clause, each of the following shall constitute a separate and independent breach:

  • Unauthorized act;
  • Unauthorized access;
  • Disclosure;
  • Reproduction;
  • Extraction;
  • Reverse engineering attempt;
  • Unauthorized brand usage;
  • Continued day of unauthorized use.

Payment of liquidated damages by the User and its acceptance by IPL shall be without prejudice to IPL’s right to seek:

  • Immediate injunctive relief;
  • Interim or permanent injunctions;
  • Specific performance;
  • Delivery-up;
  • Account of profits;
  • Any other civil or criminal remedies available under Applicable Law.

IPL’s entitlement to liquidated damages shall not limit or restrict its right to claim higher actual damages, nor shall it preclude IPL from seeking additional relief or cumulative remedies where the breach is continuing or recurring.

If any competent court determines that the stipulated amount exceeds a reasonable pre-estimate of loss, the parties agree that such court may award such lesser amount as it considers reasonable in accordance with Section 74 of the Indian Contract Act, 1872, without invalidating the remainder of this clause.

23. Limitation of Liability, Disclaimer of Damages, Data Centre Dependency and Force Majeure

To the maximum extent permitted under Applicable Law, IPL shall not be responsible or liable for any loss, damage, injury, cost or expense of any nature whatsoever, whether direct or indirect, incidental, consequential, special, exemplary or punitive, arising out of or in connection with:

  • Use of or reliance upon the Platform, Services, analytics, diagnostics, reports, alerts or system outputs;
  • Any error, inaccuracy, delay, interruption or omission in data received from third-party hardware, sensors, inverters, dongles, OEM systems or field inputs;
  • Malfunction, failure, degradation or inefficiency of any hardware, equipment or infrastructure installed at the User’s premises;
  • Decisions, actions or omissions taken by the User or any third party based on information made available through the Platform;
  • Unauthorized access, cyber incidents or data breaches attributable to factors beyond IPL’s reasonable control.

Aggregate Liability Limitation

Notwithstanding anything contained herein, IPL’s total cumulative and aggregate liability arising out of or in connection with the Platform or Services, whether under contract, tort, statute or otherwise, shall in no event exceed the cost of the specific service or the actual fees paid for that month, whichever is lower, irrespective of the number of claims, causes of action or proceedings.

24. Data Centre Dependency

The User expressly acknowledges that the Platform and Services rely on third-party cloud infrastructure, hosting environments and data centers which may be located in different geographic regions.

IPL shall not be responsible or liable for any:

  • Unavailability;
  • Data loss;
  • Corruption;
  • Delay;
  • Suspension;
  • Failure of the Platform or Services.

Such events may arise due to:

  • Outage;
  • Shutdown;
  • Maintenance failure;
  • Cyber incidents;
  • Natural disasters;
  • Force majeure events;
  • Any other disruption affecting data centers or cloud service providers beyond the reasonable control of IPL.

Under no circumstances shall IPL be liable for:

  • Loss of profits;
  • Loss of revenue;
  • Loss of business;
  • Loss of data;
  • Loss of goodwill;
  • Loss of anticipated savings;
  • Indirect or consequential damages.

This limitation shall apply even if IPL has been advised of the possibility of such damages.

25. Limitation of Aggregate Liability

Notwithstanding anything contained herein or elsewhere in this Policy, and to the maximum extent permitted under Applicable Law, the aggregate liability of IPL, if any, arising out of or in connection with the Platform or Services shall be strictly limited to the cost of the specific service or the actual fees paid for that month, whichever is lower.

Where liability arises in relation to any unexpired subscription or prepaid service, the User’s sole and exclusive remedy shall be limited to a pro-rata refund of the fees paid for the unutilized portion of such subscription or service.

Any claim by the Client must be brought to the Service Provider’s notice in writing within seven (7) days of the occurrence of the event, failing which the Service Provider shall stand discharged of all liabilities.

26. Force Majeure

IPL shall not be liable for failure or delay in performance of its obligations due to events beyond its reasonable control, including but not limited to:

  • Acts of God;
  • Natural disasters;
  • Epidemics;
  • War;
  • Terrorist attacks;
  • Fires;
  • Floods;
  • Cyberattacks;
  • Power failures;
  • Data center outages;
  • Network failures;
  • Governmental actions;
  • Regulatory interventions;
  • Court orders.

27. Governing Law and Jurisdiction

This Policy shall be governed by and construed in accordance with the laws of India.

Subject to an obligation to attempt amicable resolution in good faith, all disputes arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the competent courts at Ahmedabad, Gujarat, India.

28. Analytics, Diagnostics and Non-Advisory Disclaimer

The User expressly acknowledges and agrees that all data, analytics, diagnostics, prognostic outputs, alerts, forecasts, comparative assessments, performance indicators, system insights, recommendations, simulations, trend analysis and reports generated, displayed or made available through the Platform are algorithmically derived outputs based on data inputs received from hardware devices, third-party integrations, user-provided information and system parameters.

Such outputs are provided strictly on an informational, technical and indicative basis to assist Users in monitoring and understanding system performance.

  • The Platform does not provide and shall not be construed as providing professional advice of any nature whatsoever, including but not limited to engineering advice, electrical or technical certification, safety advice, financial advice, investment advice, energy-efficiency guarantees, regulatory compliance assurance, environmental compliance certification, tax advice, legal advice or statutory conformity confirmation.
  • IPL does not assume, undertake or accept any advisory, fiduciary, consultancy, supervisory, certification, auditing or decision-making role in relation to the User’s operations, equipment, infrastructure, compliance obligations or business decisions.
  • All analytics and prognostic outputs are dependent upon the accuracy, completeness and reliability of data received from third-party hardware including inverters, sensors, dongles, monitoring devices and related apparatus, network connectivity and user inputs.

IPL does not warrant the completeness, accuracy, reliability, real-time availability, predictive certainty or fitness of such outputs for any specific purpose.

29. User Acknowledgement Regarding Analytics Outputs

The User further acknowledges that:

  • Algorithmic outputs may vary due to data latency, transmission errors, hardware malfunction, environmental factors, firmware limitations or third-party system disruptions;
  • Forecasts and prognostic insights are probabilistic in nature and do not constitute guarantees of performance, savings, generation levels, fault detection certainty or regulatory compliance;
  • The Platform does not undertake automated decision-making producing legal or similarly significant effects without human intervention;
  • Any operational, commercial, financial, technical or compliance decision taken by the User based on information obtained from the Platform shall be at the User’s sole risk, discretion and responsibility.

To the maximum extent permitted under Applicable Law, IPL shall not be liable for any loss, damage, penalty, regulatory action, equipment failure, financial impact or business interruption arising from reliance upon analytics, diagnostics, forecasts or system outputs provided through the Platform.

Nothing herein shall create any professional-client relationship, fiduciary obligation, warranty of outcome or guarantee of system performance.

30. No Warranty on Energy Generation or Compliance

IPL does not certify, warrant or guarantee energy generation levels, savings, system efficiency ratios, performance benchmarks or statutory compliance of any installed equipment or hardware.

31. Severability and Survival

If any provision of this Policy is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect.

Provisions relating to:

  • Intellectual property;
  • Confidentiality;
  • Non-solicitation;
  • Limitation of liability;
  • Data protection;
  • Consent;
  • Governing law;
  • Dispute resolution.

The above provisions shall survive termination or cessation of use of the Platform.

32. Consent Logs, Security Safeguards and Grievance Redressal

Consent Logs and Records

IPL shall maintain verifiable electronic records evidencing User consent, including:

  • Timestamps;
  • IP address;
  • Device identifiers;
  • Consent text version;
  • Acceptance method.

These records shall be maintained to demonstrate compliance with the DPDP Act and for audit or regulatory purposes.

Security Safeguards

IPL implements reasonable technical and organizational measures including:

  • Encryption;
  • Access controls;
  • Role-based permissions;
  • Audit logs;
  • Secure hosting infrastructure;
  • Periodic security reviews.

These measures are implemented to protect Personal Data against unauthorized access, alteration, disclosure or loss, in accordance with Section 8 of the DPDP Act and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

IPL acts as a “Data Fiduciary” under the DPDP Act and adopts privacy-by-design and data-minimization principles.

Personal Data of minors is neither knowingly collected nor processed.

Access to the Platform is restricted to persons legally competent to contract.

Grievance Officer

  • Name: Manish K. Patel
  • Email: manish.patel@intrawatt.ai
  • Response Timeline: 30 days
  • Registered Office Address: INTRAWATT PRIVATE LIMITED, Flat No. 903, Swagat Apartment, Behind Manav Mandir, Memnagar, Ahmedabad – 380052, Gujarat, India

Unresolved grievances may be escalated to the Data Protection Board of India in accordance with applicable law.

33. No Waiver

Failure or delay by IPL in exercising any right, power or remedy under this Policy shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof.

Any waiver shall be effective only if made expressly in writing by IPL.

34. Entire Agreement and Interpretation

This Policy, together with any additional policies, notices or terms referenced herein or displayed on the Platform, constitutes the entire agreement between the User and IPL with respect to access to and use of the Platform.

This Policy supersedes all prior or contemporaneous understandings, representations or agreements, whether written or oral.

In the event of any inconsistency between this Policy and any summary, marketing material or explanatory content, the provisions of this Policy shall prevail.

35. Assignment

IPL shall be entitled to assign, novate or transfer its rights and obligations under this Policy, in whole or in part, to:

  • Any affiliate;
  • Group company;
  • Successor entity;
  • Acquirer pursuant to any merger, restructuring, reorganization, business transfer or sale of assets.

Such assignment may be made without prior notice to the User.

The User shall not assign or transfer any rights or obligations under this Policy without the prior written consent of IPL.

36. Relationship of Parties

Nothing contained in this Policy or arising from use of the Platform shall be deemed or construed to create any:

  • Partnership;
  • Joint venture;
  • Agency;
  • Employment;
  • Fiduciary relationship;
  • Representative relationship.

The relationship between the User and IPL shall remain independent in nature.

The User accesses the Platform solely in an independent capacity and has no authority, express or implied, to represent, bind, commit or assume any obligation on behalf of IPL, nor to hold itself out as having any such authority.

37. Amendments, Governance and Policy Control

IPL reserves the right to amend, modify or update this Policy at any time to reflect:

  • Changes in Applicable Law;
  • Regulatory requirements;
  • Operational practices;
  • Business needs.

Updated versions shall be made available on the Platform.

Continued use of the Platform after such update shall constitute deemed acceptance of the revised Policy.

38. Governance and Board Oversight

Notwithstanding anything contained herein, the administration, implementation, internal interpretation and operational control of this Policy shall vest with the Board of Directors of IPL.

The Board may issue clarifications, guidelines or internal directions for effective enforcement of this Policy.

Provided that such oversight shall not operate to:

  • Waive mandatory obligations under Applicable Law;
  • Dilute statutory compliance requirements;
  • Contravene expressly assumed contractual commitments.

Nothing in this clause shall render this Policy illusory or discretionary in a manner inconsistent with the Indian Contract Act, 1872.

This Policy shall remain legally binding on the parties in accordance with its terms.

39. Automated Decision-Making Clarification

The User acknowledges that the Platform provides analytics, monitoring outputs and system-generated insights for informational and technical assistance only.

The Platform does not undertake fully automated decision-making that produces legal or similarly significant effects concerning the User without human oversight.

Any decisions taken based on analytics or reports generated through the Platform shall remain the sole responsibility of the User.

40. No Foreign Establishment or Nexus

Nothing contained in this Policy shall be construed as creating:

  • An establishment;
  • Permanent presence;
  • Regulatory nexus;
  • Submission to jurisdiction in any foreign country.

This shall apply solely by virtue of the availability or accessibility of the Platform in such jurisdiction, except where IPL is legally required to comply with applicable foreign law by reason of territorial applicability.

41. Pre-Dispute Resolution and Notice Requirement

Before initiating any legal proceeding, arbitration or regulatory complaint (except where urgent interim or injunctive relief is required), the User shall provide IPL with a written notice detailing:

  • The nature of the dispute;
  • The relief sought.

The parties shall attempt in good faith to resolve the dispute amicably within a period of thirty (30) days from receipt of such notice.

No formal proceedings shall be initiated without compliance with this pre-condition.

Provided that nothing herein shall prevent either party from seeking urgent interim relief before a competent court.

42. Dispute Resolution by Arbitration

Any dispute, controversy or claim arising out of or in connection with this Policy or the Services, including:

  • Interpretation;
  • Performance;
  • Breach;
  • Termination.

Such disputes shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.

Arbitration Details

  • Seat and Venue: Ahmedabad, Gujarat, India
  • Arbitrator: Sole arbitrator appointed by IPL
  • Language: English

The arbitration proceedings, submissions, evidence and award shall remain confidential and shall not be disclosed except:

  • As required for enforcement;
  • As required under Applicable Law.

Nothing herein shall prevent IPL from seeking interim or injunctive relief before a competent court.

The arbitral award shall be final and binding upon the parties.

43. Lawful Use Representation

The User represents and warrants that access to and use of the Platform shall comply with all Applicable Laws in the jurisdiction from which such access is made.

The User shall be solely responsible for ensuring that use of the Platform does not violate:

  • Local laws;
  • Regulatory restrictions;
  • Export controls;
  • Sanctions applicable in such jurisdiction.

IPL shall not be liable for any regulatory or legal consequences arising from unlawful use by the User.

44. Prohibition on Automated Access and System Abuse

The User shall not, directly or indirectly, access or use the Platform through automated means including:

  • Bots;
  • Crawlers;
  • Scraping tools;
  • Data mining software;
  • Scripts;
  • Load-testing mechanisms;
  • Any technology intended to extract, monitor, replicate or interfere with the Platform or its data.

Such actions shall not be carried out without prior written consent of IPL.

Any attempt to:

  • Disrupt the Platform;
  • Overload systems;
  • Test vulnerabilities;
  • Bypass security measures;
  • Interfere with system integrity.

Such actions shall constitute a material breach of this Policy and may result in immediate suspension and strict legal action.

45. Disclaimer of Warranties

The Platform and Services are provided on an “as-is” and “as-available” basis.

IPL expressly disclaims all warranties, whether express, implied or statutory, including but not limited to:

  • Merchantability;
  • Fitness for a particular purpose;
  • Accuracy;
  • Reliability;
  • Uninterrupted availability;
  • Non-infringement;
  • Performance expectations.

The above disclaimer shall apply to the maximum extent permitted under Applicable Law.

46. Board’s Right to Modify Policy

Notwithstanding anything contained herein, the Board of Directors of IPL reserves the right to:

  • Amend;
  • Modify;
  • Supplement;
  • Replace.

This Policy may be changed in whole or in part from time to time in order to reflect:

  • Changes in Applicable Law;
  • Regulatory requirements;
  • Technological developments;
  • Business practices;
  • Operational needs.

Any such modification shall be published on the Platform and shall become effective upon such publication or on the date specified therein.

Continued access to or use of the Platform after such modification shall constitute acceptance of the revised Policy.

Nothing in this clause shall operate to:

  • Waive statutory obligations imposed under Applicable Law;
  • Dilute mandatory legal compliance requirements;
  • Invalidate rights already accrued prior to such amendment.

This Policy is published in English. In the event of any translation, the English version shall prevail.