Terms of Service

1. Agreement to Terms

Welcome to Essa Technologies Pvt Ltd ("Essa Technologies," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, services, and technologies (collectively, the "Services"), including gImmerse and other software solutions.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

2. Services Description

Essa Technologies provides:

2.1 Product Engineering Services

• Custom software development and product engineering
• AI/ML solution development and integration
• Product strategy, design, and UX services
• Cloud infrastructure and DevOps consulting

2.2 SaaS Products

• gImmerse: Multi-tenant fitness business management platform
• Other proprietary software solutions and platforms
• Analytics and business intelligence tools

2.3 Support & Maintenance

• Technical support and customer success services
• Software updates and maintenance
• Training and documentation

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Use License & Restrictions

3.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your business purposes.

3.2 Restrictions

You agree NOT to:

• Copy, modify, distribute, or create derivative works from our Services
• Reverse engineer, decompile, or disassemble any software or technology
• Remove, alter, or obscure any proprietary notices
• Use our Services for any unlawful or prohibited purpose
• Interfere with or disrupt the integrity or performance of our Services
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems (bots, scrapers) without permission
• Resell, sublicense, or transfer your access to others
• Use our Services to compete with us or develop competing products

4. Intellectual Property Rights

4.1 Essa Technologies IP

All intellectual property rights in our Services, including software, designs, text, graphics, logos, and trademarks, are owned by Essa Technologies or our licensors. These Terms do not grant you any ownership rights in our intellectual property.

4.2 gImmerse Platform

gImmerse and all associated trademarks, technology, and content are the exclusive property of Essa Technologies. Unauthorized use of gImmerse branding or technology is strictly prohibited.

4.3 Client Content

You retain all rights to content you provide through our Services ("Client Content"). By providing Client Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely to provide the Services.

4.4 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us an unrestricted, perpetual, irrevocable license to use such feedback without compensation or attribution.

5. User Responsibilities

5.1 Account Security

• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account
• Use strong passwords and enable multi-factor authentication

5.2 Compliance

You agree to:

• Comply with all applicable laws and regulations
• Not violate any third-party rights
• Provide accurate and complete information
• Keep your account information up to date

5.3 Acceptable Use

You will not use our Services to:

• Transmit harmful, offensive, or illegal content
• Harass, threaten, or violate rights of others
• Distribute malware, viruses, or malicious code
• Engage in fraudulent or deceptive practices
• Violate data protection or privacy laws

6. Payment Terms

6.1 Fees

Access to certain Services requires payment of fees. All fees are stated in Indian Rupees (INR) or US Dollars (USD) and are non-refundable unless otherwise specified.

6.2 Billing

• Fees are billed in advance on a monthly or annual basis
• Payment is due upon invoice receipt
• We accept credit cards, bank transfers, and other approved payment methods
• All payments are processed securely through Razorpay

6.3 Taxes

Fees are exclusive of all taxes. You are responsible for all applicable taxes, including GST (Goods and Services Tax) in India.

6.4 Late Payment

Late payments may result in service suspension or termination. We reserve the right to charge interest on overdue amounts at 1.5% per month.

6.5 Fee Changes

We may change fees with 30 days' notice. Continued use of Services after fee changes constitutes acceptance of new fees.

7. Warranties & Disclaimers

7.1 Service Warranty

We warrant that our Services will perform substantially in accordance with our documentation. This warranty is void if the failure results from misuse, modifications, or use in a manner not permitted by these Terms.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• Services will be uninterrupted, timely, secure, or error-free
• Results obtained from Services will be accurate or reliable
• Quality of Services will meet your expectations
• All errors or defects will be corrected

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• ESSA TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• WE ARE NOT LIABLE FOR SERVICE INTERRUPTIONS BEYOND OUR REASONABLE CONTROL

9. Indemnification

You agree to indemnify, defend, and hold harmless Essa Technologies, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Client Content or data
• Your negligence or willful misconduct

10. Termination

10.1 By You

You may terminate your account at any time by contacting us. Termination does not relieve you of payment obligations for Services already provided.

10.2 By Us

We may suspend or terminate your access immediately if:

• You violate these Terms
• You fail to pay fees when due
• Your use poses security or legal risks
• We discontinue the Services

10.3 Effect of Termination

Upon termination:

• Your access to Services will cease
• We may delete your data after a reasonable retention period
• Outstanding fees become immediately due
• Provisions that should survive (liability, indemnification) remain in effect

11. Governing Law

These Terms are governed by the laws of India. The courts of Kerala, India shall have exclusive jurisdiction over any disputes arising from these Terms.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Dispute Resolution

12.1 Negotiation

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation.

12.2 Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996 (India). Arbitration shall be conducted in English in Kerala, India.

12.3 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality obligations.

13. Changes to Terms

We may modify these Terms at any time. We will:

• Post updated Terms on this page
• Update the "Last Updated" date
• Notify you via email for material changes
• Provide reasonable notice before changes take effect

Continued use of Services after changes constitutes acceptance of modified Terms.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any executed agreements, constitute the entire agreement between you and Essa Technologies.

14.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

14.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights without restriction.

14.5 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond their reasonable control.

15. Contact Us

For questions about these Terms, please contact us: