Terms of Service

The terms on which Zetect Private Limited provides the Zetect platform to a customer.

Looking for the terms that govern browsing this website? Those are the Website Terms & Conditions. This page covers the product.

1. The agreement

These Terms of Service form a binding agreement between Zetect Private Limited (“Zetect”, “we”) and the organisation subscribing to the platform (“Customer”, “you”). They apply when you sign an order form, statement of work or other document referencing them, or when you otherwise access the platform.

Where documents conflict, the order of precedence is: (a) a signed master agreement, if one exists; (b) the applicable order form; (c) the data processing addendum; (d) these Terms of Service. Purchase-order terms printed on your paperwork do not apply, even if we acknowledge the order.

2. Definitions

Platform

The Zetect converged identity software — Access Management, Identity Governance and Privileged Access — in whichever deployment model the order form specifies, together with its documentation.

Customer Data

All data you or your Users put into the platform, or that the platform collects from your systems, including identity records, entitlements, authentication events and session recordings.

User

An individual you authorise to use the platform, including your employees, contractors and, where the order form allows, your own customers.

Documentation

The product documentation we publish at documentation.zetect.in, as updated from time to time.

Order Form

The document recording what you have subscribed to, for how long, at what price and on what metric.

3. Right to use the platform

Subject to these terms and payment of the fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the platform during the subscription term, for your internal business purposes, within the limits stated on the order form.

Where the platform is deployed in your own environment, that right extends to installing and running the supplied container images for the same purpose. It does not include a right to the source code.

4. Your responsibilities

• Keeping your administrator credentials secure, and promptly disabling accounts of people who should no longer have access.
• The accuracy and lawfulness of Customer Data, and having the rights and, where needed, the consents to put it into the platform.
• Configuring policies, entitlements and approval workflows appropriately — the platform enforces the rules you define.
• The acts and omissions of your Users as if they were your own.
• Maintaining the infrastructure, network connectivity and target systems the platform connects to, in a self-managed or hybrid deployment.

Zetect is a control that helps you manage access. It does not by itself make your organisation secure or compliant, and it does not remove your own obligations to your regulators.

5. Acceptable use

You must not, and must not permit anyone to:

• resell, rent, licence, timeshare or provide the platform as a service bureau to third parties, unless the order form expressly permits it;
• reverse engineer, decompile or disassemble the platform, or attempt to derive its source code, except to the extent applicable law prohibits that restriction;
• copy, modify or create derivative works of the platform, other than configuration and connectors built on our published interfaces;
• remove or obscure proprietary notices;
• use the platform to store or transmit malicious code, or to infringe anyone's rights;
• probe, scan or test the vulnerability of our systems, or attempt to breach security or authentication measures, without our prior written consent
• use the platform in breach of applicable law, or to circumvent usage limits on the order form.

6. Customer data and privacy

As between us, you own all Customer Data. You grant us only the rights needed to provide, secure and support the platform.

Where we process personal data contained in Customer Data, we do so as a processor on your documented instructions, under the data processing addendum. We do not use Customer Data to train machine-learning models, to build profiles, or for any purpose of our own beyond providing the service.

Our own handling of personal data is described in the Privacy Policy.

Session recordings. The platform can record privileged sessions. Recording people at work is regulated in many jurisdictions. You are responsible for giving any notices and obtaining any consents or works-council approvals that apply to you before enabling it.

7. Fees and payment

Fees, the billing metric, the currency and the payment terms are those set out on the order form.

8. Confidentiality

Each party may receive information the other treats as confidential. The recipient will use it only to perform this agreement, protect it with at least the care it applies to its own confidential information, and disclose it only to people who need it and are under equivalent obligations.

This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully received from a third party. Disclosure compelled by law is permitted, with prompt notice to the other party where lawful.

9. Intellectual property

We and our licensors retain all intellectual property rights in the platform, the documentation and everything we create in providing the service. Nothing here transfers those rights to you.

If you send us feedback or suggestions, we may use them without restriction or obligation. We will not identify you as the source without your permission.

10. Warranties and disclaimers

We warrant that the platform will perform materially in accordance with the documentation, and that we will provide the service with reasonable skill and care. If it does not, tell us and we will use reasonable efforts to correct it.

Except as expressly stated in this section, and to the fullest extent permitted by law, the platform is provided “as is”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the platform will be uninterrupted or error-free, that it will detect or prevent every unauthorised access attempt, or that its use will make you compliant with any law, standard or framework.

11. Indemnification

We will defend you against a third-party claim that the platform, used in accordance with this agreement, infringes that party's intellectual property rights, and pay the damages finally awarded or agreed in settlement. This does not apply to claims arising from Customer Data, from use in combination with things we did not supply, or from modifications we did not make.

You will defend us against a third-party claim arising from Customer Data or from your use of the platform in breach of this agreement, and pay the damages finally awarded or agreed.

In each case the indemnified party must give prompt notice, allow the other to control the defence, and provide reasonable cooperation.

12. Limitation of liability

ZETECT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES ARISING — IN ANY WAY, SHAPE OR FORM — OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THIS WEBSITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF ZETECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In addition to the exclusion above, each party's total aggregate liability arising out of or related to this agreement, for all claims taken together, is limited to the total fees paid or payable by the Customer to Zetect under this agreement during the twelve (12) months immediately preceding the first event giving rise to the claim.

Nothing in this agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, and for fraud or fraudulent misrepresentation. If any part of this section is held unenforceable, the remainder continues to apply to the fullest extent permitted by law.

13. Term, suspension and termination

The subscription runs for the term on the order form and renews as stated there. Either party may terminate for material breach that is not cured within forty five (45) days of written notice, or immediately on the other's insolvency.

We may suspend access where there is a material security risk, where your use threatens the stability of the service, or where fees are overdue after notice. We will restore access once the cause is resolved.

On termination your right to use the platform ends. You may export Customer Data during the thirty (30) day period following termination, after which we will delete it in accordance with the data processing addendum. Clauses that by their nature should survive — confidentiality, intellectual property, liability, governing law — survive.

14. Support and availability

We provide technical support for the platform during our normal business hours, through the channels and at the level of service described in the order form or the support plan applicable to your subscription. Where no support plan is specified, support is provided on a commercially reasonable efforts basis.

We aim to keep the service available and to make planned maintenance as unobtrusive as we can, giving advance notice of scheduled work where it is likely to be disruptive. From time to time the service may be unavailable because of maintenance, updates, or matters outside our reasonable control. Unless a service-level commitment is expressly agreed in writing, we give no guarantee of uptime, response time or resolution time, and no service credits are payable.

Where the platform is deployed in your own environment, whether on-premise or hybrid, availability depends on infrastructure you operate. Our responsibility in that case is limited to the software we supply and the support described above; it does not extend to your hosts, networks, directories or target systems.

Support covers the platform working as documented. It does not include consultancy, custom development, connector development for bespoke systems, or work arising from changes you or a third party make to your environment, unless separately agreed.

15. Export control and sanctions

Each party will comply with applicable export control and sanctions laws. You confirm that you are not located in, and will not use the platform in, a territory subject to comprehensive sanctions, and that you are not a person with whom dealing is prohibited under those laws.

16. Governing law and disputes

This agreement is governed by the laws of India, without regard to conflict of law rules. The courts at Noida, Gautam Buddh Nagar, Uttar Pradesh, India — the jurisdiction in which our registered office is situated — have exclusive jurisdiction over any dispute arising out of or in connection with this agreement, and each party submits to that jurisdiction.

17. General

This agreement is the entire agreement between the parties on its subject matter and supersedes prior discussions. Neither party may assign it without the other's consent, except to a successor in a merger or sale of substantially all assets. If a provision is held unenforceable, the rest continues in force. A failure to enforce a right is not a waiver of it. Neither party is liable for delay caused by events beyond its reasonable control. Notices must be in writing to the addresses on the order form, with a copy to enquiry@zetect.in.

We may update these terms for new subscriptions and renewals; the version applicable to your current term is the one in effect when that term started, unless you agree otherwise.

See also our Privacy Policy, Website Terms & Conditions and Disclaimer.