Terms of Service
Last updated: February 1, 2025
1. Acceptance of Terms
By accessing or using the DPDP Comply platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, you must not use the Service.
2. Description of Service
DPDP Comply provides a software-as-a-service platform for managing compliance with the Digital Personal Data Protection Act, 2023 (“DPDP Act”). The Service includes consent management, privacy notice generation, data request tracking, breach incident management, compliance checklists, embeddable consent widgets, and related APIs.
3. Accounts
You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete registration information and to notify us immediately of any unauthorized use of your account.
4. Acceptable Use
You agree not to:
- Use the Service for any purpose that violates applicable laws or regulations
- Upload, transmit, or store any content that is unlawful, harmful, or infringes intellectual property rights
- Attempt to gain unauthorized access to any part of the Service or its related systems
- Interfere with or disrupt the Service or any server or network connected to the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Use the Service to process data in a manner that violates the DPDP Act or any other data protection law
- Resell, sublicense, or redistribute the Service without our written consent
5. API Usage & Rate Limits
Access to the DPDP Comply API is subject to rate limits based on your subscription plan. Exceeding rate limits may result in temporary throttling or suspension of API access. You must not attempt to circumvent rate limits through the use of multiple API keys, caching proxies, or other means. We reserve the right to modify rate limits with reasonable notice.
6. Data Processing
When you use the Service to process personal data of your users (data principals), you act as the Data Fiduciary and DPDP Comply acts as a Data Processor under the DPDP Act. We process such data solely on your instructions and in accordance with our Privacy Policy and any applicable Data Processing Agreement.
You are responsible for ensuring that your collection and use of personal data through the Service complies with the DPDP Act, including obtaining valid consent where required and providing appropriate privacy notices to data principals.
7. Intellectual Property
The Service, including its design, code, documentation, and branding, is owned by DPDP Comply and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service during the subscription term. Content you create or upload remains yours; you grant us a limited license to process it solely to provide the Service.
8. Payment & Subscription
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. We may change pricing with 30 days’ notice. If you do not agree to a price change, you may cancel before the next billing cycle. Failure to pay may result in suspension or termination of your account.
9. Limitation of Liability
To the maximum extent permitted by law, DPDP Comply shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, arising from your use of the Service. Our total liability for any claim related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
The Service provides tools to assist with compliance management but does not constitute legal advice. You are responsible for ensuring your compliance with the DPDP Act and should consult qualified legal counsel for legal guidance.
10. Indemnification
You agree to indemnify and hold harmless DPDP Comply, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
11. Termination
Either party may terminate the subscription at any time. Upon termination, your access to the Service will cease. We will retain your data for 90 days after termination to allow for data export, after which it will be permanently deleted unless retention is required by law. We may immediately suspend or terminate your account if you violate these Terms.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.
13. Dispute Resolution
Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute is not resolved within 30 days, either party may initiate arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Bengaluru. The arbitration shall be conducted in English by a sole arbitrator mutually agreed upon by the parties.
14. Changes to These Terms
We may modify these Terms at any time. We will provide notice of material changes by posting updated Terms on this page and, for significant changes, by emailing registered users. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
15. Contact Us
If you have questions about these Terms, please contact us:
- Email: legal@dpdpcomply.com
- Address: Bengaluru, Karnataka, India