Terms of Service

Subject to these Terms and timely payment of applicable fees, Tusk Digitalgrants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for Customer’s internal business operations during the Subscription Term.

Customer is responsible for all Authorised Users’ compliance with these Terms. Customer must ensure that each Authorised User has unique credentials and that credentials are not shared. Customer must notify Tusk Digital immediately upon any suspected unauthorised access.

Tusk Digital will use commercially reasonable efforts to make the Services available 99.5% of the time in any calendar month, excluding scheduled maintenance windows (notified at least 48 hours in advance), force majeure events, and downtime caused by Customer’s acts or third-party services outside Tusk Digital’s control. Specific SLA commitments and credits for downtime exceeding stated availability thresholds will be set out in the applicable Order Form.

Tusk Digital may modify or update the Services at any time, including adding or removing features. For material reductions in core functionality, we will provide at least 30 days’ advance written notice. We will not make changes that render Customer’s existing integrations non-functional without at least 90 days’ notice and migration support.

• Maintain the accuracy and legality of Customer Data uploaded to the Services.
• Obtain all necessary consents, licences, and rights to provide Customer Data to Tusk Digital.
• Ensure that Authorised Users comply with all applicable laws when using the Services.
• Maintain appropriate physical and network security on Customer’s side of any integration.
• Promptly apply security patches and configuration guidance communicated by Tusk Digital.

Customer must not (and must not permit any Authorised User or third party to):

• Copy, modify, reverse-engineer, decompile, or disassemble any part of the Services or Tusk Digital IP.
• Sublicense, sell, resell, transfer, rent, lease, or otherwise commercialise access to the Services.
• Use the Services to develop a competing product or service.
• Scrape, mine, or extract benchmark data, model weights, or proprietary algorithms from the Services.
• Attempt to circumvent authentication, access controls, encryption, or rate limits.
• Upload or transmit malware, viruses, or any code designed to interfere with the Services.
• Use the Services to process data that violates any applicable law or third-party rights.
• Conduct penetration testing or vulnerability scanning of Tusk Digital infrastructure without prior written authorisation.
• Use the Services in a way that violates export control laws or sanctions regulations.
• Exceed usage limits set out in an Order Form in a way that degrades service quality for other customers.

Customer is solely responsible for ensuring that its use of the Services — including decisions made based on AI-generated insights, predictions, or recommendations — complies with all applicable laws, regulations, industry standards, and internal policies applicable to its manufacturing operations.

As between the parties, Customer retains all ownership rights in Customer Data. Tusk Digital claims no ownership of Customer Data.

Customer grants Tusk Digital a limited, non-exclusive licence to access, process, store, transmit, and use Customer Data solely to the extent necessary to (a) provide and improve the Services, (b) respond to support requests, and (c) comply with legal obligations. This licence terminates when Customer Data is deleted from the Services.

Tusk Digital may derive and use aggregated, anonymised, non-identifiable statistical data from Customer’s use of the Services (e.g., industry benchmarks, average OEE ranges, common downtime categories) for product improvement and benchmarking databases. Such derived data will not identify Customer or any individual. This right survives termination of the Agreement.

Tusk Digital processes Customer Data in accordance with the Data Processing Addendum (DPA), which forms part of the Agreement and governs data protection compliance including GDPR, DPDP Act 2023, and applicable privacy laws. The DPA is incorporated by reference and prevails in the event of conflict with these Terms solely with respect to personal data.

Upon termination or expiry of the Agreement, Tusk Digital will, at Customer’s written request within 60 days of termination, provide Customer Data in a standard machine-readable export format. After the 60-day window, or upon Customer’s written request for earlier deletion, Tusk Digital will securely delete Customer Data from production systems. Backup copies will be deleted within 90 days of the deletion request.

Tusk Digital and its licensors retain all right, title, and interest in and to the Tusk Digital IP, including all patents, copyrights, trademarks, trade secrets, AI models, platform architecture, and underlying software. No rights are granted to Customer except as expressly stated in these Terms.

“Tusk Digital™”, “Pure Coco®”, and related marks are trademarks of Shakthi Coir Industries. Customer must not use these marks in any manner without prior written consent, including in press releases, marketing materials, or customer references (except as permitted in a mutually agreed reference programme).

If Customer provides feedback, suggestions, or ideas regarding the Services (“Feedback”), Customer grants Tusk Digital a perpetual, irrevocable, royalty-free licence to use and incorporate such Feedback into the Services without obligation to Customer. Tusk Digital is not required to implement any Feedback.

The Services may incorporate open-source software components governed by their respective open-source licences. Nothing in these Terms limits rights granted under applicable open-source licences. A list of open-source components used is available upon request.

Customer agrees to pay the fees set out in the applicable Order Form. Unless otherwise specified, fees are quoted in Indian Rupees (INR) or as stated in the Order Form, are non-refundable, and do not include applicable taxes.

Unless otherwise agreed in an Order Form, invoices are payable within 30 days of invoice date. Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date. Tusk Digital may suspend Services after 15 days’ written notice of non-payment.

All fees are exclusive of applicable GST, VAT, withholding taxes, and other taxes or levies. Customer is responsible for all such taxes except those based on Tusk Digital’s net income. Where Tusk Digital is required by law to collect GST or similar taxes, the applicable tax will be added to invoices.

Tusk Digital may adjust subscription fees at renewal by providing at least 60 days’ prior written notice. Fee adjustments do not apply during an active Subscription Term.

“Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. Customer Data is Customer’s Confidential Information. Tusk Digital IP, pricing, and roadmap information are Tusk Digital’s Confidential Information.

Each party agrees to: (a) hold the other’s Confidential Information in strict confidence using at least the same degree of care it uses for its own similar information, but no less than reasonable care; (b) use Confidential Information only for purposes of performing obligations or exercising rights under this Agreement; and (c) not disclose Confidential Information to any third party without prior written consent, except to employees, contractors, or sub-processors who need to know it and are bound by obligations at least as protective as these Terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of this Agreement; (b) the receiving party already knew without restriction; (c) was independently developed without use of Confidential Information; or (d) must be disclosed by law or court order (in which case the disclosing party will provide prompt notice where legally permitted).

Confidentiality obligations survive termination of this Agreement for 5 years. Obligations relating to trade secrets survive indefinitely.

Each party represents and warrants that: (a) it has the legal authority to enter into this Agreement; (b) this Agreement constitutes a valid and binding obligation; and (c) its performance will not violate any applicable law or third-party rights.

Tusk Digital warrants that: (a) the Services will materially conform to the Documentation; (b) it will implement and maintain the security measures described in the DPA; and (c) it holds all rights necessary to provide the Services.

Customer warrants that: (a) Customer Data does not infringe any third-party rights; (b) Customer has all necessary rights to submit Customer Data to the Services; and (c) Customer’s use of the Services will comply with all applicable laws.

Disclaimer of Additional Warranties

EXCEPT AS EXPRESSLY SET OUT IN SECTION 8.2, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUSK DIGITAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. TUSK DIGITAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VULNERABILITIES, OR THAT ALL DEFECTS WILL BE CORRECTED. AI-GENERATED INSIGHTS, PREDICTIONS, AND RECOMMENDATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ENGINEERING, SAFETY, OR REGULATORY COMPLIANCE ADVICE.

Mutual Exclusion

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (TORT, CONTRACT, OR OTHERWISE).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO TUSK DIGITAL IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) INR 50,000 (FIFTY THOUSAND RUPEES).

The limitations in Sections 9.1 and 9.2 do not apply to: (a) Customer’s payment obligations; (b) either party’s indemnification obligations; (c) either party’s breach of confidentiality obligations; (d) either party’s gross negligence, wilful misconduct, or fraud; or (e) death or personal injury caused by a party’s negligence.

Tusk Digital will defend Customer against any third-party claim alleging that the Services, as provided by Tusk Digital and used in accordance with this Agreement, infringe any patent, copyright, trademark, or trade secret of a third party (“IP Claim”). Tusk Digital will indemnify Customer against damages finally awarded by a court or settlement amounts approved by Tusk Digital arising from an IP Claim. Tusk Digital’s obligation does not apply if the claim arises from: Customer Data, Customer’s modification of the Services, use of the Services in combination with third-party products not provided by Tusk Digital, or use contrary to these Terms.

Customer will defend Tusk Digital against any third-party claim arising from: (a) Customer Data (including any allegation that Customer Data infringes third-party rights or violates applicable law); (b) Customer’s violation of applicable law; (c) Customer’s breach of Section 3.2 (Prohibited Uses); or (d) operational decisions made by Customer based on AI-generated outputs from the Services. Customer will indemnify Tusk Digital against damages and costs arising from such claims.

The indemnified party must: (a) promptly notify the indemnifying party in writing of the claim; (b) give the indemnifying party sole control of defence and settlement (provided settlement does not impose non-monetary obligations on the indemnified party without consent); and (c) provide reasonable cooperation. The indemnifying party may not settle a claim in a manner that imposes obligations on or admits fault on behalf of the indemnified party without written consent.

These Terms remain in effect from the date Customer first accesses any Service until all Order Forms expire or are terminated.

Either party may terminate the Agreement with immediate effect upon written notice if: (a) the other party materially breaches the Agreement and fails to remedy that breach within 30 days of written notice; or (b) the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy, liquidation, or winding-up proceedings.

Neither party may terminate for convenience during a paid Subscription Term unless otherwise agreed in an Order Form. Upon expiry of a Subscription Term, the Agreement will not automatically renew unless specified in the Order Form or both parties agree in writing.

Upon termination: (a) all licences granted to Customer immediately cease; (b) Customer must cease all use of the Services and delete any locally stored Tusk Digital materials; (c) Customer Data retrieval and deletion will proceed as described in Section 4.5; (d) all accrued and outstanding payment obligations survive; and (e) provisions that by their nature should survive (IP, confidentiality, limitation of liability, indemnification, governing law) remain in effect.

This Agreement is governed by and construed in accordance with the laws of India, specifically the State of Tamil Nadu, without regard to conflict of law principles.

Before initiating formal proceedings, the parties agree to first attempt to resolve any dispute through good-faith negotiations. Either party may initiate this process by sending a written notice describing the dispute in reasonable detail. The parties shall have 30 days from the notice (or such longer period as mutually agreed) to resolve the dispute informally.

If informal resolution fails, disputes will be finally resolved by binding arbitration under the Arbitration and Conciliation Act 1996 (as amended) and the rules of the Indian Council of Arbitration (ICA). The seat and venue of arbitration shall be Chennai, Tamil Nadu, India. The proceedings shall be conducted in English. The arbitral tribunal shall consist of a sole arbitrator agreed by both parties; if the parties cannot agree within 15 days, the arbitrator shall be appointed by the ICA. The arbitral award shall be final and binding on both parties.

Notwithstanding Section 12.3, either party may seek injunctive or other equitable relief from any court of competent jurisdiction where necessary to prevent irreparable harm, particularly in cases involving IP infringement or confidentiality breaches.

For EEA/UK customers, nothing in these Terms limits statutory rights under applicable consumer or business protection legislation. For California-based customers, the Services are provided in a business-to-business context; the CCPA’s business-purpose exemption applies to data exchanged between the parties.

This Agreement (including all Order Forms, Schedules, and the DPA) constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior discussions, representations, or agreements. In the event of conflict: DPA prevails for personal data matters; Order Form prevails for commercial terms; these Terms prevail otherwise.

Tusk Digital may update these Terms from time to time. For material changes, we will provide at least 30 days’ notice via email or in-app notification. Continued use of the Services after the effective date of updated Terms constitutes acceptance. For existing paid subscribers, material changes adverse to Customer do not apply until the start of Customer’s next Subscription Term renewal.

Customer may not assign or transfer any rights or obligations under this Agreement without Tusk Digital’s prior written consent (not to be unreasonably withheld). Tusk Digital may assign this Agreement in connection with a merger, acquisition, or sale of substantially all assets upon 30 days’ notice. Any attempted unauthorised assignment is void.

Neither party is liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, government actions, pandemic, widespread internet disruption, or industrial action (“Force Majeure Event”). The affected party must notify the other promptly and resume performance as soon as reasonably possible. If a Force Majeure Event affecting Tusk Digital’s ability to provide the Services exceeds 60 consecutive days, Customer may terminate the Agreement without penalty on written notice.

If any provision of this Agreement is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions remain in full force.

Failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision. Any waiver must be in writing to be effective.

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment relationship, or agency between the parties. Neither party has authority to bind the other.

Notices under this Agreement must be in writing and delivered by email (with confirmation of receipt) to the addresses specified in the Order Form, or by registered post to Tusk Digital’s registered address in Tamil Nadu, India. Legal notices to Tusk Digital must be submitted via our contact page.

Customer agrees to comply with all applicable export control laws and regulations, including those of India, the US, EU, and any other jurisdiction relevant to Customer’s location or the Services being used. Customer represents that it is not located in, or operating on behalf of a person or entity in, a country subject to comprehensive sanctions.

Both parties will comply with all applicable anti-bribery and anti-corruption laws, including the Prevention of Corruption Act 1988 (India), the UK Bribery Act 2010 (where applicable), and the US Foreign Corrupt Practices Act (where applicable). Neither party will offer, promise, or provide any improper benefit to any person in connection with this Agreement.

Each party agrees to bring claims in its individual capacity only and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitral tribunal may not consolidate claims from multiple parties without both parties’ written consent.

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Marketing materials, case study metrics, KPI benchmarks, and capability descriptions on this website are provided for illustrative purposes. Results vary by deployment. Nothing on this website constitutes a binding representation or warranty.

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