Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Digitomics Technologies Private Limited, a company incorporated under the Companies Act, 2013, with its registered office in Bangalore, Karnataka, India ("Digitomics," "we," "our," or "us").

By accessing or using the Digitomics platform, website (digitomics.ai), APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

Digitomics provides an AI-powered enterprise infrastructure cost analysis and optimization platform ("Platform") that includes:

• AI Copilot: A conversational interface for querying infrastructure costs, receiving optimization recommendations, and executing approved actions across cloud, on-premises, SaaS, telecom, and facility infrastructure
• MCP Integrations: Connections to your infrastructure via the Model Context Protocol (MCP), enabling read access to cloud billing, Kubernetes clusters, Terraform state, and other infrastructure tools
• CXO Dashboards: Role-specific dashboards for CFO/Finance, CTO/Engineering, DevOps, and FinOps personas
• Automated Optimization: AI-driven identification of waste, idle resources, and cost optimization opportunities with optional automated remediation
• Edge Deployment: Optional on-premises deployment on customer-provided hardware (NVIDIA DGX Spark, Mac Mini, Linux servers)

3.1 Account Creation

To access the Services, you must create an account by providing accurate and complete information. You agree to maintain the accuracy of your account information and update it promptly if it changes.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately at security@digitomics.ai if you become aware of any unauthorized access to your account

Digitomics shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.3 Authorized Users

Your subscription permits access for the number of authorized users specified in your plan. You may not share login credentials between users. Each user must have a unique account.

4.1 Plans

Digitomics offers subscription plans as described on our Pricing page (digitomics.ai/pricing). Plans vary by infrastructure under management, number of users, features, and deployment options.

4.2 Free Trial

We offer a 30-day free trial for new customers. During the trial period, you have full access to the features of the selected plan. No credit card is required. At the end of the trial, you may choose to subscribe or your access will be suspended.

4.3 Pricing and Payment

• All prices are quoted in Indian Rupees (INR) unless otherwise specified
• Prices are exclusive of Goods and Services Tax (GST) at the applicable rate (currently 18%)
• Subscriptions may be billed monthly or annually as selected by you
• Annual subscriptions are billed upfront for the full year
• Payments are processed through our authorized payment partner (Razorpay) and are subject to their terms

4.4 Price Changes

We reserve the right to modify pricing. Existing customers will be notified at least 30 days in advance of any price change. Price changes will take effect at the start of the next billing cycle.

4.5 Late Payment

If payment is not received within 15 days of the due date, we may suspend access to the Services after providing written notice. Suspended accounts will be reactivated upon receipt of full payment including any applicable late fees (1.5% per month on overdue amounts).

5.1 Ownership

You retain all ownership rights to your data, including Infrastructure Data and any content you input into the Services ("Customer Data"). Digitomics does not claim any ownership rights to Customer Data.

5.2 License to Us

You grant Digitomics a limited, non-exclusive, non-transferable license to access, process, and analyze your Customer Data solely for the purpose of providing, maintaining, and improving the Services. For edge-deployed instances, this license is limited to account management data only.

5.3 Infrastructure Access

When you connect infrastructure accounts to Digitomics via MCP integrations:

• We access only the data necessary to provide the Services (read-only access for cost and utilization data)
• We do not access your application source code, database contents, or end-user data
• You may revoke access at any time by disconnecting the integration from your Digitomics dashboard
• All access is governed by the permissions you explicitly grant through OAuth2 or IAM role configurations

5.4 Aggregated and Anonymized Data

We may use aggregated, anonymized data derived from Customer Data for product improvement, benchmarking, and industry research. Such data will not identify you or your organization and is no longer considered personal data under the DPDP Act.

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Upload malicious code, viruses, or any harmful software
• Attempt to gain unauthorized access to the Services, related systems, or other users' accounts
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services or the underlying AI models
• Use the Services to develop a competing product or service
• Scrape, crawl, or extract data from the Services using automated tools (except through our authorized APIs)
• Circumvent any access controls, usage limits, or security measures
• Use the AI copilot to generate or execute infrastructure changes that intentionally cause harm or data loss
• Resell, sublicense, or redistribute access to the Services without our prior written consent
• Use the Services to process personal data in violation of the DPDP Act 2023 or other applicable privacy laws

Violation of these terms may result in immediate suspension or termination of your account.

7.1 Our IP

The Services, including the Digitomics platform, AI models, algorithms, software, documentation, brand elements (name, logo, design), and all related intellectual property are and remain the exclusive property of Digitomics Technologies Private Limited. These Terms do not grant you any rights to our intellectual property except the limited license to use the Services as described herein.

7.2 Feedback

If you provide feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant Digitomics an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation or compensation to you.

8.1 Nature of AI Outputs

The Services include AI-generated cost analysis, optimization recommendations, infrastructure configurations (e.g., Terraform code), and other outputs. These outputs are generated by artificial intelligence and are provided for informational and assistive purposes.

8.2 No Guarantee of Accuracy

While we strive for high accuracy (targeting 92%+ on infrastructure queries and 95%+ on cost calculations), AI outputs may contain errors, inaccuracies, or hallucinations. You should independently verify critical outputs before acting on them, particularly for:

• Financial decisions based on cost projections or savings estimates
• Infrastructure changes generated by the AI (Terraform, Kubernetes configs)
• Commitment purchases (Reserved Instances, Savings Plans)
• Compliance-related recommendations

8.3 Human-in-the-Loop

By default, the Digitomics copilot recommends actions but does not execute them without your explicit approval. If you enable automated remediation features, you are responsible for configuring appropriate guardrails and approval workflows. Digitomics is not liable for consequences of automated actions you have authorized.

9.1 Uptime Commitment

For SaaS deployments, Digitomics targets 99.9% monthly uptime, measured as: ((Total Minutes in Month - Downtime Minutes) / Total Minutes in Month) x 100. Scheduled maintenance windows (communicated 48 hours in advance) are excluded from downtime calculations.

9.2 Edge Deployment

For edge-deployed instances, uptime and availability are dependent on your hardware and network infrastructure. Digitomics is responsible for software reliability; you are responsible for hardware maintenance, power, and network connectivity.

9.3 Support

Support levels vary by plan as described on our Pricing page. Enterprise customers receive dedicated customer success managers and 24/7 premium support with defined response time SLAs.

10.1 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, Digitomics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with the Services.

10.2 Cap on Liability

Digitomics' total aggregate liability for all claims arising from or related to the Services shall not exceed the total fees paid by you to Digitomics in the 12 months immediately preceding the event giving rise to the claim.

10.3 Exceptions

The limitations in this section do not apply to: (a) breaches of confidentiality obligations, (b) intellectual property infringement claims, (c) Digitomics' willful misconduct or gross negligence, or (d) liabilities that cannot be limited under applicable Indian law.

You agree to indemnify and hold harmless Digitomics, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of the Services in violation of these Terms
• Your violation of any applicable law or regulation
• Any claim by a third party related to your Customer Data or infrastructure configurations
• Your use of AI-generated outputs without appropriate verification

12.1 Term

These Terms are effective upon your first access to the Services and continue for the duration of your subscription, unless terminated earlier as provided herein.

12.2 Termination by You

You may terminate your subscription at any time by providing written notice to support@digitomics.ai. Monthly subscriptions terminate at the end of the current billing cycle. Annual subscriptions may be terminated but are non-refundable for the remainder of the annual term unless otherwise agreed.

12.3 Termination by Us

We may terminate or suspend your access immediately if:

• You materially breach these Terms and fail to cure the breach within 15 days of written notice
• You fail to pay fees when due (after the 15-day grace period)
• You engage in activity that threatens the security or integrity of the Services
• Required by law or regulation

12.4 Effect of Termination

Upon termination:

• Your access to the Services will be suspended
• You may request an export of your Customer Data within 30 days of termination. We will provide data in a standard, machine-readable format (CSV/JSON)
• After 30 days, we will permanently delete your Customer Data in accordance with our Privacy Policy
• For edge deployments, you are responsible for wiping or destroying data on your hardware
• All accrued payment obligations survive termination

Each party agrees to hold the other's confidential information in confidence and not disclose it to any third party without prior written consent, except as required by law. Confidential information includes pricing, technical specifications, business plans, customer data, and any information designated as confidential.

This obligation survives termination of these Terms for a period of 3 years.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

14.2 Arbitration

Any dispute arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall:

• Be conducted by a sole arbitrator mutually appointed by the parties
• Take place in Bangalore, Karnataka, India
• Be conducted in English
• Result in a final and binding award

14.3 Jurisdiction

Subject to the arbitration clause above, the courts of Bangalore, Karnataka, India shall have exclusive jurisdiction over any disputes arising from these Terms.

Both parties agree to comply with all applicable Indian laws and regulations in connection with the Services, including but not limited to:

• Digital Personal Data Protection Act, 2023 (DPDP Act)
• Information Technology Act, 2000, and its amendments
• Indian Contract Act, 1872
• Consumer Protection Act, 2019
• Companies Act, 2013
• Goods and Services Tax Act, 2017
• Reserve Bank of India guidelines (for BFSI customers)
• SEBI regulations (for financial market participants)
• CERT-In directions on incident reporting

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any Order Forms or Statements of Work, constitute the entire agreement between you and Digitomics regarding the Services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time.

16.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. Digitomics may assign its rights and obligations in connection with a merger, acquisition, or sale of substantially all of its assets.

16.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, pandemic, government actions, power failures, internet disruptions, or acts of God.

16.6 Notices

All notices under these Terms must be in writing and sent to:

• Digitomics: legal@digitomics.ai
• Customer: The email address associated with your account

16.7 Amendment

We may amend these Terms by posting an updated version on our website. Material changes will be communicated via email at least 30 days in advance. Continued use of the Services after the effective date constitutes acceptance of the amended Terms.

For questions about these Terms of Service, please contact:

• Email: legal@digitomics.ai
• General: hello@digitomics.ai
• Address: Digitomics Technologies Private Limited, Bangalore, Karnataka, India — 560001
• Website: https://digitomics.ai