Terms of Service
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you and Apna Infotech. Your use of the Platform signifies your full acceptance of these Terms, our Privacy Policy, and our Refund Policy. We reserve the right to amend these Terms at any time. Continued use of the Platform after any modification constitutes your acceptance of the updated Terms.
2. Description of Service
Site Setu is a cloud-based construction management software platform that provides tools for project management, labour tracking, material management, contractor management, budgeting, reporting, and related construction business functions. The Platform is provided on a subscription basis and is accessible via web browser and mobile application.
3. Account Registration and Security
- You must provide accurate and complete information during registration and keep it updated.
- You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
- You must immediately notify us of any unauthorised use of your account or any security breach.
- The Company shall not be liable for any loss or damage arising from your failure to maintain account security or from unauthorised access to your account.
- The Company reserves the right to suspend or terminate any account that is found to be engaged in fraudulent, abusive, or unlawful activity without prior notice.
4. Permitted Use and Restrictions
You agree to use the Platform only for lawful construction management purposes. You shall not:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform.
- Copy, reproduce, distribute, or create derivative works based on the Platform without our express written consent.
- Upload or transmit any malicious code, viruses, or harmful content.
- Use the Platform to store or process data in violation of any applicable law or regulation.
- Attempt to gain unauthorised access to any part of the Platform, its servers, or connected systems.
- Use the Platform in any manner that could impair, overburden, or disrupt our infrastructure.
- Sublicense, sell, resell, transfer, or otherwise commercialise access to the Platform without authorisation.
Violation of any of the above may result in immediate termination of your account without refund.
5. Subscription, Pricing, and Payment
- Access to the Platform is subject to payment of applicable subscription fees as communicated at the time of purchase.
- All fees are quoted in Indian Rupees (INR) and are exclusive of applicable taxes (GST), which shall be charged additionally as per prevailing rates.
- Subscription fees are billed in advance and are non-refundable except as specified in our Refund Policy.
- The Company reserves the right to modify pricing with reasonable advance notice. Continued use after a price change constitutes acceptance of the new pricing.
- Failure to pay subscription fees may result in suspension of access until payment is received.
6. Service Availability and Uptime
The Company shall not be liable for any downtime, service interruption, or inaccessibility of the Platform arising from:
- Scheduled or emergency maintenance, upgrades, or infrastructure changes.
- Internet connectivity failures, power outages, or telecommunication disruptions.
- Cyberattacks, distributed denial-of-service (DDoS) attacks, or other external security incidents.
- Failures of third-party cloud hosting providers, CDN services, or other infrastructure partners.
- Force majeure events including but not limited to natural disasters, pandemics, government actions, floods, or any other event beyond our reasonable control.
- Any other technical or operational issue outside the direct control of the Company.
Planned maintenance will be communicated in advance wherever reasonably practicable.
7. Data and User Content
- You retain ownership of all data and content you upload to the Platform ("User Content").
- By uploading User Content, you grant the Company a limited, non-exclusive licence to store, process, and display such content solely for the purpose of providing the Platform services to you.
- You are solely responsible for the accuracy, legality, and completeness of all User Content. The Company is not responsible for any errors, omissions, or inaccuracies in User Content.
- The Company shall not be liable for any data loss, corruption, or accidental deletion. You are solely responsible for maintaining independent backups of your data.
- The Company reserves the right to remove any User Content that violates these Terms or applicable law, without prior notice.
8. Intellectual Property
All intellectual property rights in the Platform, including but not limited to software code, design, logos, trademarks, documentation, and content created by the Company, are and shall remain the exclusive property of Apna Infotech. Nothing in these Terms grants you any ownership or intellectual property rights in the Platform. Unauthorised use, reproduction, or distribution of any part of the Platform is strictly prohibited and may result in legal action.
9. Limitation of Liability
The Company shall not be liable under any circumstances for:
- Any indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, business opportunities, goodwill, or anticipated savings.
- Loss of data, corruption of data, or cost of data recovery.
- Business interruption or project delays resulting from Platform unavailability.
- Any decisions made by you or your team based on data, reports, or outputs generated by the Platform.
- Actions or omissions of third-party service providers integrated with or linked to the Platform.
These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise) and even if the Company has been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Apna Infotech and its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your User Content; (d) your violation of any applicable law or third-party rights.
11. Third-Party Services and Links
The Platform may integrate with or contain links to third-party services, applications, or websites. Such integrations are provided for convenience only. The Company does not endorse, control, or assume responsibility for the content, privacy practices, or reliability of any third-party services. Your interactions with third-party services are solely between you and the third party, and the Company shall not be liable for any damages arising from such interactions.
12. Termination
Either party may terminate the subscription at any time in accordance with the subscription terms. The Company reserves the right to suspend or permanently terminate your access to the Platform, without prior notice or liability, if you breach any provision of these Terms, fail to pay subscription fees, or if the Company decides to discontinue the Platform or any part thereof. Upon termination, your right to access the Platform ceases immediately, and provisions of these Terms that by their nature should survive termination shall continue to apply.
13. Disclaimer of Warranties
The Platform is provided on an "as is" and "as available" basis without any warranties of any kind, whether express, implied, or statutory. The Company expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, and non-infringement. The Company does not warrant that the Platform will meet your specific requirements, that it will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India.
In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or validity thereof, the parties shall first attempt to resolve the matter through good-faith negotiation within 15 (fifteen) days of one party notifying the other in writing.
If the dispute is not resolved through negotiation, it shall be referred to and finally resolved by mediation conducted by a mutually agreed neutral mediator at Nokha, Rajasthan, India. Both parties agree to participate in the mediation process in good faith and to bear their own costs of mediation equally.
The mediation proceedings and any settlement reached shall be kept strictly confidential by both parties. Both parties expressly agree that mediation shall be the exclusive dispute resolution mechanism and waive their right to approach any civil court or consumer forum, except for the purpose of enforcing a mediated settlement agreement.
15. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a competent authority, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Apna Infotech with respect to your use of Site Setu and supersede all prior agreements, representations, or understandings, whether written or oral.
17. Contact
For any queries regarding these Terms, please contact:
Apna Infotech
Email: info@apnainfotech.com
Website: apnainfotech.com