Terms and Conditions
1. Introduction
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Vismika Tech, headquartered in Bengaluru, Karnataka, India (“Vismika Tech”, “we”, “us”, or “our”), and any individual or entity (“Client”, “User”, “you”) that accesses, uses, or avails any software, platform, application, API, system, website, or service provided by Vismika Tech (collectively, the “Services”).
These Terms are governed by and aligned with applicable laws and regulations of India, including but not limited to:
The Information Technology Act, 2000 (and amendments)
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
CERT-In Cyber Security Directions, 2022
Indian Contract Act, 1872
Companies Act, 2013
Central Goods and Services Tax Act and applicable State GST Acts (CGST/SGST)
Karnataka Shops and Commercial Establishments Act, 1961
Applicable Labour Codes and employment laws
By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
2. Definitions
2.1 Vismika Tech
Refers to Vismika Tech, including its business divisions, platforms, software systems, digital services, websites, and future offerings operated from Bengaluru, Karnataka.
2.2 Client
Any individual, company, partnership, government department, municipal body, public sector undertaking, or other legal entity that subscribes to, procures, or uses Services from Vismika Tech.
2.3 User
Any individual authorized by the Client to access or use the Services, including employees, officers, agents, consultants, or contractors.
2.4 Sensitive Personal Data or Information (SPDI)
Has the meaning assigned under the IT Act and SPDI Rules, including passwords, financial information, biometric data, Aadhaar or PAN details, health data, and other sensitive personal data as defined by law.
2.5 Services and Scope
Vismika Tech provides technology-enabled products and services including, without limitation, software-as-a-service (SaaS) platforms; enterprise and government software systems; Smart City and urban infrastructure solutions; integrated command and control modules; GovTech and e-Governance platforms; artificial intelligence, machine learning, and data analytics tools; automation and decision-support systems; mobile and web applications; APIs, SDKs, and integration services; cloud hosting, infrastructure, and DevOps services; cybersecurity and compliance-aligned systems; data platforms and IoT-enabled solutions; consulting and advisory services; system implementation, customization, and integration; annual maintenance and support services (AMC); training and enablement programs; pilot, proof-of-concept, and innovation services; and any related digital or technology services offered by Vismika Tech from time to time. Vismika Tech reserves the right to modify, enhance, add, or discontinue any part of the Services in accordance with applicable agreements and governing laws.
2.6 Agreement
In the course of its business operations, Vismika Tech may issue, receive, execute, rely upon, or exchange various contractual, commercial, technical, financial, and operational documents, including but not limited to proposals, quotations, expressions of interest, statements of work (SOW), master service agreements (MSA), service-level agreements (SLA), subscription agreements, license agreements, purchase orders, work orders, memoranda of understanding (MoU), non-disclosure agreements (NDA), data processing and data protection agreements, addenda, amendments, change requests, acceptance certificates, invoices, payment schedules, tax documents, annual maintenance contracts (AMC), support agreements, onboarding and authorization forms, technical specifications, system design documents, project plans, implementation schedules, compliance and audit reports, training materials, user manuals, policies, notices, and any communications or records exchanged through physical, electronic, or digital means, including email, portals, dashboards, click-through or click-wrap acceptances, system-generated confirmations, or other electronic records.
All such documents, records, and communications shall constitute valid, binding, and enforceable agreements in accordance with the Indian Contract Act, 1872, and where executed, accepted, stored, or maintained in electronic form, shall be deemed legally valid and enforceable under the Information Technology Act, 2000, including provisions relating to electronic records and electronic signatures. Any dispute, claim, or difference arising out of or in connection with such documents or records shall be governed by and subject to the dispute resolution and arbitration provisions set forth in these Terms and Conditions. The validity, enforceability, or admissibility of any such document or record shall not be challenged solely on the grounds that it is in electronic or digital form.
3. Scope of Services
Vismika Tech delivers technology solutions in compliance with applicable Indian laws and Karnataka state regulations, including but not limited to custom software development, AI and machine learning analytics and automation, Smart City and e-Governance platforms, mobile and web application development, cloud hosting and DevOps services, cybersecurity solutions, AMC and managed services, IoT dashboards, and government or municipal digital transformation initiatives. Any modification or expansion of scope shall be valid only if agreed through a written addendum or amendment to the Agreement.
4. Licensing and Usage Rights
4.1 License Grant
Subject to compliance with these Terms and the applicable Agreement, Vismika Tech grants the Client a limited, revocable, non-exclusive, and non-transferable license to use the Services during the term of the Agreement.
4.2 Usage Restrictions
Clients and Users shall not reverse engineer, decompile, disassemble, or tamper with the Services; remove proprietary or intellectual property notices; share access credentials with unauthorized parties; host or transmit unlawful, harmful, or prohibited content; make unauthorized modifications; conduct load testing or penetration testing without prior written consent; or engage in any activity prohibited under the IT Act or other applicable laws. Any such act shall constitute a material breach.
5. Payments, Taxation, and Invoicing
Payments shall be made strictly in accordance with the timelines and terms specified in the applicable Agreement. Delayed payments may attract interest at the rate of 18% per annum or such other rate permitted under Indian law. All invoices shall include applicable GST (CGST and SGST). Clients are responsible for providing accurate billing and tax information. Refunds shall not be issued except where required by law or pursuant to a binding court order.
6. Data Rights, Processing, and Storage
Clients retain ownership of their data. Vismika Tech acts solely as a data processor unless otherwise agreed in writing. Data processing shall comply with the IT Act, SPDI Rules, MeitY guidelines, and CERT-In requirements, including mandatory log retention for a minimum of 180 days. Data is hosted primarily within India unless otherwise contractually agreed. Security measures include encryption, role-based access controls, multi-factor authentication, monitoring, and periodic audits. Backups are maintained as per project requirements.
7. Confidentiality
Each party shall maintain the confidentiality of all non-public, proprietary, or sensitive information, including technical documentation, source code, Smart City and government data, financial records, credentials, APIs, algorithms, and system architecture. Confidentiality obligations shall survive termination for five (5) years or longer where required by law.
8. HR and Staffing
All personnel deployed by Vismika Tech remain its employees. Vismika Tech complies with applicable employment and labour laws, including PF, ESI, Professional Tax, POSH, and Labour Codes. Clients shall not solicit or employ such personnel without prior written consent. Personnel shall adhere to professional conduct, confidentiality, and security obligations.
9. Legal Compliance
Clients shall not use the Services for unlawful activities, violation of IT Act provisions, unauthorized system access, cybersecurity breaches, interference with government or critical infrastructure, or dissemination of false, misleading, or harmful content.
10. Limitation of Liability
To the maximum extent permitted by law, Vismika Tech shall not be liable for indirect, incidental, consequential, or special damages, third-party failures, Client-side negligence, security breaches attributable to Client actions, or force majeure events. Vismika Tech’s aggregate liability shall not exceed the total fees paid by the Client in the twelve (12) months preceding the claim.
11. Termination
Vismika Tech may terminate the Agreement upon breach of these Terms, non-payment, misuse of Services, expiry of contract, or legal or regulatory directives. Upon termination, access to the Services may be suspended or revoked within 48 hours.
12. Governing Law and Jurisdiction
These Terms shall be governed by the laws of India. The courts at Bengaluru, Karnataka, shall have exclusive jurisdiction.
13. Arbitration
Any dispute arising out of or relating to these Terms or the Services shall be resolved in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru, the language shall be English, and the tribunal shall consist of a single arbitrator mutually appointed by the parties.
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Last Updated: 1 January 2026
