Please read these Terms of Service (the “Terms”) carefully. They govern your individual access to and use of Intellect’s Products after logging into your Account (as defined below) and any updates, upgrades, modified versions, extensions, improvements, and derivative works of the foregoing (collectively, the “Service”).

If you are accessing or using the Service in your capacity as an employee, contractor, agent, distributor, retail customer, supplier or vendor of Intellect’s customer (“Customer”), your access is provided pursuant to a separate commercial agreement executed between Intellect and that Customer (the “Master Agreement”). In the event of any conflict or inconsistency between these Terms and the Master Agreement, the terms of the Master Agreement shall prevail.

“You” or “Your” means you as an individual user or the entity that you represent in accepting these Terms. You represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of such employer or entity.

These Terms are effective upon the date you first access or use the Services (“Effective Date”) and continues until you or Intellect terminates it (this period, the “Term”). Please read and accept these Terms carefully before using the Services.

1. Definitions

• 1.1. “Intellect” (or “we, “us”, “our”) means Intellect Design Arena Limited, a company registered under the laws of India and/or its Affiliates (as applicable).
• 1.2. “Service(s)” means the website service of the Product provided by Intellect and made available to you. The Service is provided "as is" without any express or implied warranties.
• 1.3. “Product” means the specific software product or application made available to and accessed by You from Intellect's product suite which are 6DX, Ngage, iCPX, iVPX, and iAPX, together with any rebrands, renamed versions, successors, or replacements of such products.
• 1.4. “Account Information” means information about your Account and information that you provide us in connection with (i) the creation or administration of your Account; or (ii) maintenance of your Account or the Service. For example, Account Information includes names, usernames, passwords, email addresses, and billing information.
• 1.5. “Third-Party Services” means any third-party service, connection, site, platform, application, software, or integration that interoperates with the Service.
• 1.6. “Affiliate” means an entity controlled, controlling, or under common control with a party, where control means at least 50% ownership or power to direct an entity’s management.
• 1.7. “Documentation” means Product user documentation relating to the Service found in our help center, as may be updated by Intellect from time to time. Documentation does not include any content published on any other site, community, or page.
• 1.8. “Content” means any data, information, or material created, uploaded, shared, or stored by the user through the Service.
• 1.9. “User Data” means, other than Aggregated Statistics (as defined below in Section 2), information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you through the Services.
• 1.10. “Account” means the account created by you on the Services.

2. Services and Support

• 2.1. Service
  • 2.1.1. Intellect (and its Affiliates, as applicable) will make the Services available to you.
  • 2.1.2. You may use your Account and the Service only (i) for lawful purposes; and (ii) in accordance with the applicable law, these Terms and the Documentation.
  • 2.1.3. You should not use or access the Service in violation of these Terms. Further, you will not and will not permit anyone else to: (i) reverse engineer, decompile or seek to access the source code of the Service; (ii) copy, modify, create derivative works of or remove proprietary notices from the Service; (iii) conduct security or vulnerability tests of the Service, interfere with its operation or circumvent its access restrictions; (iv) use the Service to develop a product or Service competitive to the Product; (v) otherwise use the Service outside of the scope of the rights expressly granted herein; or (vi) in a manner that infringes, violates, or misappropriates any of our rights or the rights of any third party.
  • 2.1.4. You acknowledge that (i) you are exclusively responsible for and control the Content and distribution of any applications made or initiated to any person or entity in connection with your use of the Service; (ii) any such application are made or initiated only as a result of your actions; and (iii) components of the Service may be subject to export, re-export, and import restrictions under applicable law. You further warrant that all applications made or initiated in connection with your use of the Service comply with all applicable laws and regulations, before you make or initiate any application through the Service.
  • 2.1.5. You understand and agree that any information obtained through using the Product is at your sole risk. Do not rely on factual assertions in output without independent fact-checking. No such information, suggestions, or output obtained by you from the Product or through the Product shall create any warranty not expressly made herein.
  • 2.1.6. We reserve the right, but do not undertake the obligation, to monitor the Service, investigate, and take appropriate action against any party that uses the Service in violation of applicable law or these Terms, including but not limited to, the right to remove, or delete any User Data. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions could endanger the operation of the Service or other users, we may suspend your access or remove User Data immediately without notice. We have no liability to you for accepting, removing, or deleting your User Data.
  • 2.1.7. Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, Intellect may monitor your use of the Service and collect and compile data and information related to your use of the Service to be used by Intellect in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service (“Aggregated Statistics”). As between Intellect and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Intellect. You acknowledge that Intellect may compile Aggregated Statistics based on User Data input into the Services. You agree that Intellect may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you or your Confidential Information.
• 2.2. Access to Service
  • 2.2.1. In order to access and use the Services, you may be required to create a username and password and provide us with the information required during the registration process. You must provide complete and accurate information during the registration process and agree to update your information to ensure its accuracy. You are responsible for (a) always ensuring the security of your account credentials, and (b) not disclosing your account credentials to anyone else or allowing anyone else to access your account at any time. If you believe that someone has accessed your account without authorization or if your Account Information is lost or stolen, you must contact us immediately. Upon your proper registration and subject to these Terms, Intellect will make the Service available during the applicable Term.
  • 2.2.2. To set up and use your Account, you may either (i) create a user ID and password to access your account; or (ii) use third-party login credentials from a supported third-party site. You are responsible for maintaining the confidentiality of your Account credentials. You agree to immediately notify Intellect of any suspected or actual unauthorized use of your Account. You agree that you will be responsible and liable for all uses of the Service under your Account, including without limitation, compliance with all applicable laws, regulations, and third-party terms. You further agree that Intellect will not be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your Intellect Account or your third-party login credentials.
• 2.3. Service Modifications and Updates
  Intellect reserves the right to modify the Services and the Product at any time. These modifications may include, but are not limited to, adding, removing, or altering functionality, or imposing new conditions on the use of the Services. You acknowledge that such modifications or the deployment of updates may result in scheduled or unscheduled downtimes. Intellect is under no obligation to provide any specific updates, enhancements, or new releases. However, Intellect will provide Customer with reasonable notice of any material adverse changes to, deprecations of, or removal of functionality from the Services or the Product.
• 2.4. Third-Party Services
  • 2.4.1. The Service may contain, or otherwise enable, links to and integrations with Third-Party Services, whether located within the Service or on separate Third-Party Service websites that connect back to the Service. These Third-Party Services are provided for your convenience only and Intellect does not approve, endorse, or recommend any Third-Party Services (or any products or other services associated therewith) to you. Your access and use of any Third-Party Service is at your own risk, and Intellect is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made by, on, or through such Third-Party Services. Intellect disclaims all responsibility and liability for your use of any Third-Party Service. Third-Party Services are not governed by these Terms or Intellect’s privacy policy.
  • 2.4.2. Your use of any Third-Party Services, including those integrated with the Product from time to time, is subject to the terms of use and privacy policies (if any) of such Third-Party Services. You acknowledge and agree that your Account Information regarding your use of a Third-Party Services integration through your Account may be shared with that Third- Party Services. Pursuant to your configuration and usage of the Service, User Data will be transmitted to and from your Account to one or more Third-Party Service(s) you’ve linked with your Account. We may also share User Data with a specific Third-Party Services that you linked to your Account in order to prevent or resolve service, security, support, or technical issues related to that Third-Party Services.
• 2.5. Cloud Fair Usage
  • 2.5.1. You agree to adhere to established consumption guidelines to maintain service stability, high performance, and equitable resource allocation across the shared multi-tenant infrastructure. Your utilization (including end-user accounts, database and log storage, API calls, and system notifications) is continuously metered, with automated alerts issued as consumption reaches specified thresholds. Any usage exceeding contractual baseline limits, or engaging in prohibited acts such as security breaches, malware distribution, IP infringement, competitive misuse, or disproportionate resource consumption, constitutes a material breach, subjecting you to applicable overage fees, service throttling, or immediate suspension of access to the Platform.
  • 2.5.2. You may not use the Platform to transmit, store, display, distribute, or otherwise make available any content or data that is unlawful, harmful, threatening, defamatory, libelous, obscene, indecent, pornographic, vulgar, profane, abusive, harassing, hateful, discriminatory, racially or ethnically offensive, or otherwise objectionable.

• 3. Privacy and Data Use

  • Intellect’s privacy policy or privacy statement made available on the Service explains how and for what purposes the Product collects, uses, retains, discloses and safeguards the personal data you provide to Intellect. You agree to comply with such terms and conditions provided therein.

• 4. Proprietary Rights and Improving the Service

  • 4.1. The Service is made available on a limited access basis, and no ownership rights are conveyed to you. Notwithstanding anything to the contrary in these Terms, we and our licensors have and retain all right, title, and interest, including all intellectual property rights, in and to the Service, including all modifications, updates, upgrades, extensions, components and all derivative works to the Service. All our rights not expressly granted under these Terms are hereby retained.
  • 4.2. Product logo and all Intellect product names are trademarks and/or service marks of Intellect and third-party logos and product names are trademarks and/or service marks of third parties. Nothing in these Terms shall be construed as granting any license or right to use any Intellect or third-party trademark without the applicable prior written consent of Intellect or the owner of the third-party trademark.

• 5. Disclaimer and Limitations on Liability

  • 5.1. Disclaimer: Intellect provides the Services and the Product on an “AS IS” and “AS AVAILABLE” basis. Except as expressly stated as a “warranty” in these Terms, and to the maximum extent permitted by Law, Intellect does not make any, and expressly disclaims all, express and implied warranties and statutory guarantees with respect to its performance under these Terms, the Services, the Product, Product data and the Documentation, including as related to availability, the implied warranties of fitness for a particular purpose, merchantability and non-infringement, and the implied warranties arising out of any course of dealing, course of performance or usage in trade. Intellect is not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to hacking, tampering, or other unauthorized access or use of the Services, your Account, or User Data, or your failure to use or implement anti-fraud or data security measures. Further, Intellect is not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to (a) your access to, or use of, the Services in a way that is inconsistent with these Terms or the Documentation; (b) unauthorized access to servers or infrastructure, or to Intellect data or protected data; (c) Service interruptions or stoppages; (d) bugs, viruses, or other harmful code that may be transmitted to or through the Service; (e) errors, inaccuracies, omissions or losses in or to any protected data or Product data; (f) Content; or (g) your or another party’s defamatory, offensive, fraudulent, or illegal conduct.
  • 5.2. Limitations on Liability
  • 5.2.1. Indirect Damages. To the maximum extent permitted by Law, Intellect will not be liable to you or your Affiliates in relation to these Terms or the Service during and after the Term, whether in contract, negligence, strict liability, tort or other legal or equitable theory, for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or Intellect have been advised of their possibility.
  • 5.2.2. General Damages. Notwithstanding anything contained herein, any warranties, liability, remedies, or commitments provided by Intellect run exclusively to the Customer under the Master Agreement. You acknowledge and agree that, as an individual user, you have no direct personal right or cause of action against Intellect under these Terms and Intellect is not directly liable to you.
  • 5.3. Applicability. The parties agree that the waivers and limitations specified in this Section 5 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

• 6. Termination

  • 6.1. Termination
    • 6.1.1. Your Termination. You may terminate these Terms at any time by writing to us at idtc.customersuccess@intellectdesign.com Upon such request, your access to the Services will cease immediately, and we will process the erasure of your personal data in accordance with our Privacy Policy, subject to any statutory data retention obligations. This includes requesting the deletion of your Account via email. If you request account deletion via email, we will use the email address associated with the account as the target for deletion. If you use the Services again after termination, these Terms will reapply, with the effective date being the first day you use the Services again. For the avoidance of doubt, the following actions do not constitute termination of your Account: (i) requesting cancellation of your Account via chat or phone; or (ii) any cancellation or termination confirmation from any party other than Intellect. In addition, your account automatically terminates upon expiration or termination of Customer's Master Agreement or Order Form with Intellect.
    • 6.1.2. Intellect Termination. Intellect reserves the right to terminate this Terms (or any part) or close or suspend your Account at any time for any or no reason (including if any event occurs as listed in Sections 6.2 of this Terms) upon notice to you.
    • 6.1.3. Effect of Termination. Once you delete your Account, neither your Account nor User Data can be restored or recovered in any way. If you do not log in to the Account for a period of six (6) consecutive months or for a period as agreed between Intellect and Customer, Intellect may designate the Account as “inactive.” If such period extends for eighteen (18) or more consecutive months, Intellect reserves the right to permanently delete the Account and all data associated with it without further obligation to store or maintain such data. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
    • 6.1.4. Effect on Other agreements. Unless stated to the contrary, termination of these Terms will not affect any other agreement between the parties or their Affiliates.
  • 6.2. Suspension
    • 6.2.1. Intellect may immediately suspend providing any or all Services to you, and your access to the Product, if: (a) Intellect believes it will violate any law or governmental authority requirement; (b) a governmental authority requires or directs Intellect to do so; (c) you do not update in a timely manner your implementation of the Services or the Product to the latest production version Intellect recommends or requires; (d) you do not respond in a timely manner to Intellect’s request for Account Information or do not provide Intellect adequate time to verify and process updated Account Information; (e) you breach these Terms or any other agreement between the parties; (f) Intellect believes that you are engaged in a business, trading practice or other activity that presents an unacceptable risk to Intellect; or (g) Intellect believes that your use of the Services (i) is or may be harmful to Intellect or any third party; (ii) degrades, or may degrade, the security, stability or reliability of the Services, Product or any third party’s system (e.g., your involvement in a distributed denial of service attack) (iii) enables or facilitates, or may enable or facilitate, illegal or prohibited transactions; (iv) is or may be unlawful.

• 7. Confidential Information

  • 7.1. Each party (“Disclosing Party”) may disclose Confidential Information to the other party (“Receiving Party”) in connection with the Service. Confidential Information is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, as well as non-public business, product, product roadmap, technology, and marketing information. If something is labeled “Confidential”, that is a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party.
  • 7.2. The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information in connection with the Service, provided, they are bound to confidentiality obligations at least as restrictive as those in these Terms; and (ii) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of the Service and these Terms. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, such advisors are bound to confidentiality obligations at least as restrictive as those in these Terms.
  • 7.3. The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.

• 8. Global Availability

  • Intellect operates and controls the [enter link] from its office located in Chennai, India. If you use Product from jurisdictions outside of India, you are responsible for ensuring compliance with all applicable local laws and regulations in respective jurisdictions. Intellect expressly disclaims any representation or warranty regarding the global appropriateness, availability, or legality of its products and services.

• 9. Force Majeure

  • You understand and agree that in the process of using this Service, you may encounter the situations that may cause interruptions, failure or delay which are beyond the reasonable control of Intellect. In such events, Intellect shall not be liable for any failure or delay in performance of obligations under these Terms.

• 10. Applicable Law and Dispute Resolution

  • 10.1. These Terms will be governed by and construed in accordance with the laws of India, without reference to its conflict of laws principles.
  • 10.2. If any dispute, controversy, difference or claim arising out of or relating to these Terms occurs, any party may notify the other party of such dispute in writing. The parties shall negotiate and seek to resolve such dispute within fourteen (14) business days after the delivery of such notice.
  • 10.3. If the parties fail to resolve such dispute within the aforesaid period, any party may submit such disputes to the exclusive jurisdiction of a court of competent jurisdiction located in Chennai, India, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

• 11. Notices

  • 11.1. Intellect Notice to You: Intellect may provide you with notices by electronic mail to your email address on record in your Account. You are responsible for ensuring that your contact information is both current and accurate in your Account.
  • 11.2. Your Notice to Intellect: If you have a dispute with Intellect, wish to provide a notice under these Terms, or become subject to insolvency or other similar legal proceedings, you must promptly send written notice to No. 244, Anna Salai, Chennai - 600006 addressed to the Group Chief Legal Officer.

• 12. Miscellaneous

  • 12.1. You acknowledge and agree that you may not bring any claim against Intellect as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). You further agree you waive any right to participate in or be represented in any Class Action or other representative action brought against Intellect.
  • 12.2. Neither party may assign or delegate any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party, such consent not to be unreasonably withheld. Notwithstanding the foregoing, either party may assign these Terms in their entirety, without the other party’s consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
  • 12.3. Intellect reserves the right to revise these Terms from time to time by posting a modified version of the Terms including their effective date. If Intellect makes material changes to the Terms, we will provide you with reasonable notice prior to the new Terms taking effect. By continuing to access or use the Service after the posting of any modified Terms, you agree to be bound by such modified Terms.
  • 12.4. If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms.
  • 12.5. These Terms do not create any right in favor of any third party.
  • 12.6. These Terms and the policies or terms expressly referenced and incorporated into these Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in (i) the form of purchase order; (ii) vendor registration form or registration portal; or (iii) other document used by you to place orders or otherwise effect transactions hereunder (excluding as applicable an Intellect order form), which such terms are hereby rejected and shall not be considered an amendment to these Terms. Subject to the Master Agreement, these Terms supersede all prior or contemporaneous discussions, proposals, and agreements between you and Intellect relating to the subject matter hereof.
  • 12.7. Intellect shall have the right to verify the usage and access of the Services by you at any time. Intellect reserves the right to monitor your electronic usage of the Service. If any audit or monitoring reveals unauthorized or excess usage, Intellect reserves the right to suspend access or notify the Customer to adjust seat coverage pursuant to the applicable Order Form.

Last updated : August 2026