Legal
Terms of service
Version 0.1 (draft) · Last updated
Draft. This text describes Setubandh as it runs today. It is a working draft and may change before it is final; the version and date above change with it.
These terms govern a company's subscription to Setubandh and its users' use of it. They are an agreement between Setubandh Labs (“Setubandh Labs”, “we”, “us”) and the business named in the order form (the “company”, “you”).
1. The agreement
The agreement between us is made up of, in this order of priority if they conflict:
- the order form you sign or accept, which sets the plan, the fees, the term and anything agreed specially;
- the data processing addendum;
- these terms, with the acceptable use policy and the refunds and cancellation page.
The person who accepts the order form confirms they have authority to bind the company.
2. The service
Setubandh is software for running a freight forwarder's work: bookings, the status board and daily status report, container tracking, documents, invoices, an activity record of every change, and an assistant. We provide it over the internet at the addresses we give you. We improve Setubandh continually, so features change; we will not remove a feature you rely on in a way that materially reduces the service during a paid term without telling you first.
3. Accounts and users
- You choose who uses Setubandh. Your administrators — you may have several — create users and give them roles.
- Each login is for one person. You are responsible for what happens under your users' logins, for keeping them to these terms, and for removing users who should no longer have access.
- Tell us at once at security@setubandh.co.in if you think a login has been misused.
- Users must be at least 18 years old.
4. Using Setubandh properly
You and your users will follow the acceptable use policy and the laws that apply to your business, including laws on customs, trade sanctions, data protection and electronic communications.
5. Your data
- You own your data. Everything your users put into Setubandh, and the records Setubandh creates from it (“company data”), belongs to you.
- Our use of it is limited. You allow us to host, copy and process company data only to provide, secure and support Setubandh for you, and as a law requires. We do not sell it, use it for advertising, or use it to train artificial-intelligence models.
- No backdoor. Our staff do not access company data. If you want our help with it, you create a user for us, which you can remove at any time.
- Personal data. For personal data in company data you are the Data Fiduciary and we are your Data Processor; the data processing addendum applies. You are responsible for having the right to put that data into Setubandh and for giving the people concerned any notice the law requires.
- Export on exit. You can ask for an export of your company data at any time during the term and for 30 days after it ends. We provide it in a common machine-readable format (such as CSV or spreadsheet files, with documents as their original files). After that period we delete company data as the privacy policy describes.
6. The assistant
The assistant works through the same permissions as the user who asks it, and every action it takes is recorded as taken on that user's behalf. It asks for confirmation before anything that moves money, sends something to a customer or deletes. Its answers are produced by an AI model and can be wrong: check them before you rely on them, and check anything it fills in before you confirm it.
7. Information from others
Some information in Setubandh — such as carrier tracking events, vessel times and location codes — comes from carriers and other third parties through our providers. We pass it on as we receive it and cannot guarantee that it is complete, accurate or on time.
8. Fees and payment
- Fees, the billing period and payment terms are as set out in the order form.
- Fees are exclusive of GST and other taxes, which are added to the invoice as the law requires.
- Refunds and cancellation follow the refunds and cancellation page and the order form.
- We may change fees for a renewal term by telling you at least 30 days before it starts.
9. Availability and support
During the pilot period, and unless the order form says otherwise, we provide Setubandh on a best-effort basis: we work to keep it available and to fix faults quickly, but we give no availability commitment or service credits. We may take it offline briefly for maintenance and try to do this outside Indian business hours. Support is by e-mail at support@setubandh.co.in.
10. Suspension
We may suspend some or all access, telling you why, if:
- fees are overdue and remain unpaid 15 days after we have reminded you;
- use breaches the acceptable use policy or the law; or
- it is needed to protect Setubandh, other companies' data or anyone else from a security threat.
We lift a suspension as soon as its cause is resolved. Suspension does not delete company data.
11. Term and ending the agreement
- The agreement runs for the term in the order form and renews as the order form says.
- Either of us may end it if the other materially breaches it and does not fix the breach within 30 days of written notice.
- Either of us may end it if the other becomes insolvent or stops doing business.
- When it ends, access stops, the export period in section 5 applies, and sections 5, 12, 13, 15, 16 and 17 continue.
12. Confidentiality
Each of us keeps the other's confidential information confidential, uses it only for this agreement, and shares it only with people who need it for that purpose and are bound to the same duty — unless it is public, was already known, or a law or court requires disclosure.
13. Our property
Setubandh — its software, design and documentation — belongs to Setubandh Labs and its licensors. You receive a right to use it for your business during the term; nothing else is transferred. You will not copy, resell or reverse-engineer it except as the law allows. If you send us suggestions, we may use them freely.
14. What we promise, and what we do not
We will provide Setubandh with reasonable skill and care, and as the security page describes. Apart from that, and to the extent the law allows, Setubandh is provided “as is”, without other promises — for example, that it will be uninterrupted or free of errors.
15. Limits on liability
- Neither of us is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data that could have been avoided by reasonable care, however it arises.
- Each party's total liability under the agreement in any 12 months is limited to the fees paid or payable by you in the 12 months before the event giving rise to the claim.
- These limits do not apply to your duty to pay fees, to fraud, or to anything the law does not allow to be limited.
16. Indemnities
- You will defend us against, and pay the amounts finally awarded on, third-party claims that arise from company data or from use of Setubandh that breaches the agreement or the law.
- We will defend you against, and pay the amounts finally awarded on, third-party claims that Setubandh, used as permitted, infringes their intellectual property rights in India.
- The party claiming must tell the other promptly, let it control the defence, and help reasonably.
17. Law and courts
The agreement is governed by the laws of India. The courts at Indore, Madhya Pradesh have exclusive jurisdiction over any dispute arising from it.
18. General
- Changes to these terms. We update the version and date at the top; a change that matters applies to you from your next renewal, or earlier only with your agreement or where a law requires it.
- Notices go to the e-mail addresses in the order form; ours is owner@setubandh.co.in.
- Events beyond control. Neither of us is liable for delay caused by events beyond its reasonable control.
- Assignment. Neither of us may transfer the agreement without the other's consent, except to a successor of its business who takes on its obligations.
- Whole agreement. The agreement is everything agreed between us about Setubandh; if a part is unenforceable, the rest stays in force.