TERMS AND CONDITIONS
Introduction and Acceptance
- These Terms and Conditions ("Terms") govern your access to and use of the KAVACH platform, website (www.kavachtechnologies.com), and all associated services provided by VIANSEC Solutions Private Limited ("VIANSEC", "we", "our", "us"), a company incorporated under the Companies Act, 2013, with its registered office at Hafeezpet, Hyderabad, Telangana – 500049.
- KAVACH is the registered brand name and enterprise intelligence platform owned and operated by VIANSEC Solutions Private Limited.
- By accessing our website, signing a service agreement, clicking "I Agree," or using the KAVACH platform in any capacity, you ("Client", "User", "you") agree to be fully, unconditionally, and legally bound by these Terms.
- These Terms incorporate by reference VIANSEC's Disclaimer and Privacy Policy published on www.kavachtechnologies.com. By accepting these Terms, you also accept the Disclaimer and Privacy Policy as binding on you.
- If you do not agree with any part of these Terms, you must immediately and entirely discontinue all use of the platform and website.
- These Terms constitute a legally binding agreement under the Indian Contract Act, 1872.
About KAVACH
- KAVACH is an enterprise intelligence platform developed, owned, and operated by VIANSEC Solutions Private Limited.
The platform delivers decision-support services across five operational pillars:
- Pillar 1 — IoT & Infrastructure Intelligence — Real-time machine monitoring, predictive maintenance, energy and utility analytics, downtime prediction, and environmental monitoring
- Pillar 2 — AI Video Intelligence — Computer vision capabilities deployed on existing CCTV infrastructure for safety compliance, security monitoring, behaviour analytics, and zone management
- Pillar 3 — Safety Operations — Smart safety observation rounds, AI-driven incident analysis with root cause and CAPA generation, emergency evacuation management support, and safety workflow coordination
- Pillar 4 — Security Operations — Visitor management, material and gate pass management, guard patrol verification, contractor monitoring, and incident tracking
- Pillar 5 — Administration & Facility Operations — Transport and cab coordination, meeting room management, occupancy visibility, workforce scheduling, and digital workflow management
Eligibility
- The KAVACH platform is designed exclusively for use by corporate entities, government bodies, institutions, hospitals, manufacturing organisations, and registered businesses.
- By entering into an agreement with VIANSEC Solutions Private Limited, you confirm and warrant that you are duly authorised to represent and legally bind the organisation on whose behalf you are contracting.
- You confirm that your organisation has the legal authority to deploy surveillance, IoT monitoring, visitor management, and related systems on its premises under applicable law.
- You confirm that you have obtained or will obtain all necessary consents, permissions, and regulatory approvals before deploying KAVACH.
- VIANSEC Solutions Private Limited does not provide the KAVACH platform directly to individual consumers.
Platform Access and Use
- Access to the KAVACH platform is granted solely on the basis of a separately executed Master Service Agreement (MSA) or Statement of Work (SOW) between VIANSEC Solutions Private Limited and the Client.
- The Client and its authorised users agree to use the KAVACH platform strictly for lawful purposes and in accordance with these Terms and all applicable Indian laws and regulations.
The Client and its authorised users must not:
- Reverse-engineer, decompile, copy, reproduce, or attempt to derive the source code or underlying algorithms of the KAVACH platform
- Use the platform or its outputs for any purpose not specified or agreed in the MSA or SOW
- Share access credentials or login details with any third party not designated in the MSA
- Attempt to test, probe, or breach the platform's security systems without prior written consent from VIANSEC Solutions Private Limited
- Use the platform's outputs as the sole basis for decisions affecting human safety, security, or welfare, without appropriate, qualified, and independent human oversight and verification
- Use the platform in any manner that violates the rights of any third party, including the rights of employees, visitors, or contractors whose data may be processed
Explicit Client Acknowledgement of Platform Limitations
- The Client acknowledges that KAVACH's AI-generated outputs — including predictive maintenance alerts, PPE compliance notifications, safety observations, incident analyses, CAPA recommendations, risk scores, and evacuation status data — are probabilistic, not deterministic, and may contain errors, omissions, false positives, or false negatives.
- The Client acknowledges that no AI or automated system can guarantee 100% accuracy and that reliance on KAVACH outputs without independent human verification is at the Client's own risk and responsibility.
- The Client acknowledges that KAVACH's Emergency Evacuation Management module is NOT a statutory fire safety system and does not fulfil the Client's obligations under the Fire Services Act, National Building Code 2016, or any applicable state fire safety law or regulation. The Client retains full and sole legal responsibility for compliance with all such statutory requirements.
- The Client acknowledges that KAVACH's AI Video Intelligence does not use facial recognition or biometric identification and that all zone, behaviour, and object detections are subject to environmental and infrastructure limitations that may affect accuracy.
- The Client acknowledges that KAVACH does not replace the statutory duty of the Client to appoint qualified safety officers, security personnel, engineers, or medical professionals as required by applicable law including the Factories Act, 1948.
- The Client acknowledges that all decisions affecting individuals — including denial of access, disciplinary action, safety interventions, or emergency responses — must be made by a qualified human with independent judgment and must not be based solely on KAVACH platform outputs.
- The Client acknowledges that the absence of an alert from the KAVACH platform does not mean that no hazard, violation, or incident has occurred or is occurring.
- The Client acknowledges that KAVACH is provided as a supplementary decision-support tool and that the Client assumes full operational and legal responsibility for all activities at its premises.
Client Responsibilities and Indemnification
The Client is solely responsible for:
- Ensuring that all individuals on the Client's premises whose data is processed through the KAVACH platform are duly informed of such processing in accordance with the Digital Personal Data Protection Act, 2023 and all other applicable laws
- Obtaining all necessary consents, permissions, and regulatory approvals required before deploying the KAVACH platform
- Ensuring that cameras, sensors, networks, and systems connected to the KAVACH platform are installed, maintained, and operated in compliance with all applicable laws
- Designating at least one authorised contact person responsible for managing the KAVACH deployment within the Client's organisation
- Ensuring that the KAVACH platform is used as a supplementary decision-support tool only — not as a replacement for any statutory or professional function
- Maintaining the physical security and operational integrity of all hardware and network infrastructure on their premises
- Ensuring that all users of the KAVACH platform within the Client's organisation have read and understood these Terms
Indemnification:
- The Client's breach of any provision of these Terms
- The Client's failure to obtain required consents or approvals before deployment
- The Client's failure to inform data subjects as required by applicable law
- The Client's use of KAVACH platform outputs without appropriate human oversight
- Any claim by a third party — including employees, visitors, contractors, patients, students, or regulatory authorities — arising from the Client's deployment or use of the KAVACH platform
- Any false representation made by the Client in accepting these Terms
- Any injury, death, loss, or damage occurring at the Client's premises whether or not the KAVACH platform was in use at the time
- Any misuse of the KAVACH platform by the Client or its authorised users
Client's Insurance Obligation and Primary Liability
- The Client shall, at its own cost, maintain throughout the term of the engagement and for a period of three (3) years after termination:
- Employer's liability insurance covering all employees, contractors, and visitors on its premises
- Public liability insurance covering bodily injury, property damage, and personal injury occurring at or arising from activities at the Client's premises
- Cyber liability insurance covering data breaches, data loss, and regulatory penalties arising from the Client's use of any software or technology service
- Professional indemnity insurance where applicable to the Client's industry and scale of operations
- All such policies shall be in amounts appropriate to the nature and scale of the Client's operations and shall name VIANSEC Solutions Private Limited as an additional insured where permissible under the policy terms.
VIANSEC Solutions Private Limited's role is strictly limited to providing a software intelligence layer. All physical operations, safety management, security operations, emergency response, and human decisions at the Client's premises remain entirely the responsibility of the Client.
Intellectual Property Rights
- All intellectual property rights in and to the KAVACH platform — including the software, AI models, computer vision algorithms, machine learning models, training methodologies, dashboards, visual interfaces, report templates, documentation, and all derivatives — are exclusively owned by VIANSEC Solutions Private Limited and protected under the Copyright Act, 1957, Information Technology Act, 2000, and all applicable intellectual property laws of India.
- Nothing in these Terms transfers, licenses, or assigns any intellectual property rights to the Client except as expressly stated herein.
- The Client is granted a limited, non-exclusive, non-sublicensable, non-transferable, and revocable licence to access and use the KAVACH platform solely for internal business purposes for the duration of the engagement.
- Client data — including data collected through the Client's own infrastructure and processed through KAVACH — remains the property of the Client.
- Any feedback, suggestions, or ideas provided by the Client may be used by VIANSEC Solutions Private Limited freely and without restriction, obligation, compensation, or attribution.
No Agency, Partnership, or Joint Venture
- Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or fiduciary relationship between VIANSEC Solutions Private Limited and the Client.
- VIANSEC Solutions Private Limited is an independent contractor providing software services only.
Data and Privacy
- In the course of providing the KAVACH platform services, VIANSEC Solutions Private Limited processes personal data on behalf of the Client as a Data Processor under the Digital Personal Data Protection Act, 2023.
- VIANSEC Solutions Private Limited is ISO 27001:2022 certified, GDPR compliant, and DPDP compliant.
- For full details, please refer to the Privacy Policy published at www.kavachtechnologies.com.
Confidentiality
- Both parties agree to hold in strict confidence all Confidential Information disclosed during the engagement.
- Neither party shall disclose Confidential Information to any third party without prior written consent.
- This obligation survives termination for three (3) years.
Exceptions apply to information that was:
- Already public through no fault of the receiving party
- Independently developed without reference to Confidential Information
- Required to be disclosed by law or competent authority
Service Availability
- VIANSEC will use commercially reasonable efforts to maintain platform availability as specified in the SLA within the MSA.
VIANSEC shall not be liable for service interruptions caused by:
- Third-party infrastructure failures including cloud providers, internet providers, or telecommunications networks
- Power failures or network outages at the Client's premises
- Force Majeure events as described in Clause 16
- Actions or omissions of the Client or its personnel
- Scheduled maintenance windows, communicated in advance
- Cyberattacks or security breaches originating from outside VIANSEC's infrastructure despite reasonable security measures being in place
Limitation of Liability
VIANSEC Solutions Private Limited shall under no circumstances be liable for:
- Indirect, incidental, special, punitive, exemplary, or consequential losses or damages of any nature whatsoever
- Loss of revenue, profit, business, opportunity, goodwill, reputation, or data
- Losses arising from the Client's failure to maintain human oversight of platform outputs
- Losses arising from the Client's failure to inform or obtain consent from data subjects
- Losses arising from decisions made solely on the basis of KAVACH platform outputs without independent human verification
- Losses arising from failure or misconfiguration of the Client's own hardware, network, or existing systems
- Losses arising from any incident, injury, accident, or emergency occurring at the Client's premises, whether or not the KAVACH platform was in use at the time
- Losses arising from inaccurate, incomplete, or delayed AI-generated outputs including missed alerts, false positives, or false negatives
- Losses arising from the acts or omissions of the Client's employees, agents, contractors, visitors, or any third party
Nothing in this clause limits liability for fraud, wilful misconduct, or death or personal injury caused directly and solely by VIANSEC's negligence — to the extent such limitation is not permitted under Indian law.
Disclaimer of Warranties
VIANSEC Solutions Private Limited expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including:
- Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement
- Any warranty that the platform will be uninterrupted, error-free, completely secure, or free from viruses
- Any warranty that AI-generated alerts, predictions, or analyses will be accurate, complete, or timely
- Any warranty that the platform will meet every specific requirement of the Client
- KAVACH's AI Video Intelligence does not use facial recognition or biometric identification. All detection is based on object recognition, behaviour patterns, zone monitoring, and movement analysis only.
No Waiver of Rights by VIANSEC
- No failure, omission, delay, or forbearance by VIANSEC in exercising any right, power, or remedy shall operate as a waiver of that right, power, or remedy.
- A waiver of any breach shall not be construed as a waiver of any subsequent breach of the same or any other provision.
Force Majeure
- Neither party shall be liable for delay or failure in performance caused by circumstances beyond their reasonable control, including: acts of God, floods, earthquakes, epidemics, pandemics, government orders, war, civil unrest, terrorism, fire, power grid failures, or telecommunications outages.
- The affected party must notify the other in writing within seven (7) days of the event.
- If a Force Majeure event continues for more than thirty (30) days, either party may terminate the affected services by written notice without liability.
Dispute Resolution and Governing Law
- These Terms are governed by the laws of India, without regard to conflict of law principles.
- All disputes shall first be attempted to be resolved through good-faith discussion within 30 days of written notice.
- If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, as amended, with a sole arbitrator mutually appointed by the parties.
- The seat and venue of arbitration shall be Hyderabad, Telangana, India.
- The language of arbitration shall be English.
- The arbitrator's award shall be final and binding.
Audit Rights — Limited
- The Client may request, not more than once per calendar year and with at least 30 days' written notice, a review of VIANSEC's information security practices relevant to the Client's data, conducted through VIANSEC's sharing of its current ISO 27001 certification, audit summaries, or third-party security assessment reports.
- Any audit conducted under this clause shall be at the Client's cost and shall not disrupt VIANSEC's operations.
General Provisions
- Entire Agreement — These Terms, together with the MSA, SOW, DPA, SLA, Disclaimer, and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements, representations, warranties, and understandings — whether written, oral, or implied.
- No Oral Modifications — No oral statement, promise, or representation — including any made during sales, demonstration, or onboarding — shall modify, vary, or supplement these Terms. Only a written amendment signed by authorised representatives of both parties shall have effect.
- Severability — If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions shall continue in full force.
- Survival — Clauses 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17, and 19 shall survive the termination or expiry of these Terms.
- Assignment — The Client may not assign these Terms without VIANSEC's prior written consent. VIANSEC may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
- Third-Party Rights — These Terms do not create any rights enforceable by any third party, including any data subject, employee, visitor, or contractor of the Client.
- Language — In the event of any conflict between the English version of these Terms and any translation, the English version shall prevail.
Amendments
- VIANSEC reserves the right to amend these Terms at any time.
- Clients will be notified of material changes at least 15 days before the amended Terms take effect via email or platform notification.
- Continued use after the effective date constitutes acceptance of the updated Terms.
Contact
- Company — VIANSEC Solutions Private Limited (Operating under the brand name KAVACH)
- Address — Hafeezpet, Hyderabad, Telangana — 500049
- Email — support@kavachtechnologies.com
- Website — www.kavachtechnologies.com