Terms of Service
These Terms of Service (“Terms”) are a binding agreement between iBytes Bits and Bots Private Limited (“iBytes,” “we,” “us,” or “our”), a company incorporated under the laws of India (CIN U72900TN2020PTC136986), and the entity or person that registers for or uses Aarya-Orion, an enterprise software-as-a-service platform for the oil and gas industry (the “Service”). By accessing or using the Service, clicking “I agree,” or signing an order form or subscription that references these Terms, you agree to these Terms. If you accept on behalf of an organization, you represent that you have authority to bind that organization, and “you” and “Customer” refer to that organization. If a separate written agreement (for example, a Master Subscription Agreement or Order Form) is signed between you and iBytes, that agreement controls to the extent it conflicts with these Terms. Processing of personal data is governed by our Privacy Policy and, where applicable, the Data Processing Addendum (“DPA”).
1. Definitions
“Service” means the Aarya-Orion platform and related documentation, features, and support. “Customer Data” means the data and content you submit to the Service. “Subscription” means your paid right to access the Service for a defined term. “Authorized Users” means your employees or contractors permitted to use the Service under your account.
"AI Output" means any recommendations, engineering calculations, designs, reports, well trajectories, analyses, documents, or other content generated by or through the Service.
2. The Service and license
Subject to these Terms and payment of applicable fees, iBytes grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription term for your internal business purposes. Access to the Service requires an active, paid Subscription; if your Subscription expires or fees are not paid, access may be suspended or terminated as described in Sections 4 and 10. We may update, improve, or modify the Service from time to time.
Service Availability. We may perform scheduled or emergency maintenance, updates, modifications, or upgrades that may temporarily affect the availability of the Service. We will use commercially reasonable efforts to minimize any disruption.
3. Accounts, access, and Authorized Users
Once you have an active, paid Subscription, you may provision and manage access for your Authorized Users — your employees and contractors — up to any user or seat limit included in your plan. Each Authorized User must have their own credentials and may not share them. You are responsible for provisioning and de- provisioning your Authorized Users, for keeping account information accurate, for all activity under your account, and for your Authorized Users’ compliance with these Terms. Keep credentials confidential and notify us promptly of any unauthorized use.
4. Subscriptions, fees, and payment
Fees. You agree to pay the fees for the plan and subscription term set out at sign-up or on your order form.
Billing and renewal. Subscriptions are billed in advance on a recurring basis (monthly or annually) and automatically renew for successive terms unless cancelled before the end of the then-current term.
Payment
- Payments are processed by third-party payment providers like Stripe and Razorpay (credit card and bank transfer).
- You authorize recurring charges to your payment method.
Taxes. Fees are exclusive of taxes, duties, or similar charges imposed by any government; you are responsible for applicable taxes other than taxes on our income.
Price changes. We may change fees; changes to recurring fees take effect at your next renewal with at least 30 days’ prior notice.
Late or failed payment. We may suspend the Service for overdue amounts after reasonable notice.
Non-refundable. Except as required by law or expressly stated, fees are non-refundable, and Subscriptions are non-cancellable for the committed term.
Terms of Payment. All invoices issued by iBytes are due and payable within thirty (30) days of the date of the invoice. If payment is overdue, we reserve the right to suspend the Service until the delinquency is corrected.
5. Acceptable use
You will not, and will not permit anyone to:
- use the Service in violation of law or third-party rights; upload malicious code or interfere with the Service’s integrity or performance; attempt to gain unauthorized access to the Service or related systems; reverse engineer, decompile, or copy the Service except as permitted by law; resell, rent, or provide the Service to third parties except as expressly permitted; use the Service to send unlawful, infringing, harassing, or harmful content; or exceed the usage limits of your plan.
- You shall not use the Service to develop competing products or attempt to extract, reproduce, benchmark, or infer the underlying models, algorithms, prompts, or methodologies.
- Customer shall not use the Service or its outputs to train or develop competing artificial intelligence models or services without iBytes' prior written consent.
6. Customer Data
As between the parties, you own your Customer Data. You grant iBytes a worldwide, limited license to host, process, transmit, and display Customer Data solely to provide and support the Service. You are responsible for the accuracy and legality of Customer Data, your right to use and submit it, and for obtaining all necessary consents and permissions. We treat Customer Data as confidential and process it in accordance with the Privacy Policy and DPA.
7. Intellectual property
iBytes and its licensors own all rights, title, and interest in and to the Service, including all software, documentation, algorithms, models, and improvements. These Terms grant no ownership rights. If you provide feedback or suggestions, you grant us a perpetual, royalty-free, irrevocable license to use them without restriction or attribution. The Service includes proprietary software, engineering methodologies, artificial intelligence models, workflows, algorithms, databases, interfaces, documentation, and related intellectual property owned by iBytes or its licensors.
8. Third-party services
The Service may interoperate with third-party products or services. Your use of them is subject to their terms, and we are not responsible for third-party services.
9. Confidentiality
Each party may access confidential information of the other. The receiving party will protect it with reasonable care and use it only to perform under these Terms. This obligation excludes information that is or becomes
public through no fault of the receiving party, was independently developed, or was rightfully obtained without confidentiality obligations.
10. Term, suspension, and termination
These Terms apply for as long as you use the Service. Either party may terminate for the other party’s material breach that remains uncured 30 days after written notice. We may suspend access for security risks, non- payment, or violations of Section 5 (Acceptable Use). On termination, your right to use the Service ends and you remain responsible for outstanding fees. You may export Customer Data before termination or within 30 days after, after which we may delete it as described in the DPA.
11. Warranties and Disclaimers
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, iBytes disclaims all warranties, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
Engineering and AI Outputs. Certain features of the Service use artificial intelligence, machine learning, engineering algorithms, rule-based systems, and computational models. Outputs generated by the Service (including well trajectories, design packages, recommendations, and related materials) are intended solely as assistive tools for qualified professionals. They do not constitute professional engineering advice, certification, or design approval. You remain solely responsible for all engineering judgments, peer reviews, regulatory compliance, safety decisions, and the suitability of any output for your operations. iBytes assumes no design, professional, or operational liability arising from use of the Service or its outputs.
12. Limitation of Liability
To the maximum extent permitted by applicable law: (a) Neither party will be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, business, or goodwill, whether arising in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages. (b) Each party’s total aggregate liability arising out of or relating to these Terms or the Service will not exceed the total fees paid by you to iBytes for the Service in the twelve (12) months preceding the claim. The foregoing limitations do not apply to: (i) your payment obligations; (ii) either party’s breach of confidentiality; (iii) your indemnification obligations; (iv) infringement or misappropriation of the other party’s intellectual property rights; or (v) liability that cannot be limited under applicable law (including death or personal injury caused by negligence, or fraud).
13. Indemnification
You will defend, indemnify, and hold harmless iBytes and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data; (b) your or your Authorized Users’ use of the Service in violation of these Terms or applicable law; or (c) any claim that Customer Data infringes or misappropriates third-party rights.
14. Export Compliance
You represent that you are not located in, and will not use the Service in or for the benefit of, any country or person subject to comprehensive economic sanctions or export restrictions under applicable Indian, U.S., EU, UK, or other relevant laws. You are responsible for compliance with all applicable export control and sanctions laws in connection with your use of the Service.
15. Modifications to these Terms
We may update these Terms from time to time. We will post the updated Terms and, for material changes, provide reasonable notice (for example by email or through the Service). Continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the Service.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to any mandatory local consumer or data-protection rights that cannot be waived, the competent courts in Chennai, Tamil Nadu, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. Notwithstanding the foregoing, either party may seek interim or injunctive relief in any court of competent jurisdiction.
17. General
Entire agreement. These Terms (together with any Order Form, the Privacy Policy, and the DPA) constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements on the subject matter.
Assignment. You may not assign these Terms without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets. We may assign these Terms freely.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Notices. We may give notices by email or through the Service. Notices to us must be sent to contact@i-bytes.com.
Severability and waiver. If any provision is held unenforceable, the remaining provisions remain in full force. Failure to enforce any provision is not a waiver.
Independent contractors. The parties are independent contractors. These Terms create no partnership, joint venture, or agency relationship.
Beta features. From time to time we may offer Beta or Preview Features.