Terms of Use

These Terms of Use ("Agreement") govern your use of the BcsOps mobile application and platform operated by BCDC CLOUD CENTERS PRIVATE LIMITED("Bharath Cloud", "the Company", "we", "our", or "us"). The Company reserves the right to change or revise these terms at any time. Your continued use of the platform following any changes constitutes your acceptance of the revised terms.

1. Services

The BcsOps platform provides access to cloud infrastructure, AI compute, GPU processing, storage solutions, Kubernetes orchestration, hosting services, APIs, and related enterprise solutions. By using the platform, you agree to the terms set forth in this Agreement.

We may send service-related communications and updates. You may opt out of marketing communications at any time. Service-related and transactional communications may continue regardless of opt-out.

2. Opt-Out Procedure

You may opt out of promotional communications by:

• Using the "opt out" link in any email solicitation you receive.
• Emailing: marketing@bharathcloud.com
• Sending a written request to our registered address below.

3. Proprietary Rights

The Company has proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell, or redistribute any Service distributed by the Company. The Company also has rights to all trademarks, trade dress, and specific layouts of this platform, including text placement, images, and other information.

4. Platform Use

You agree to use the platform only for lawful purposes. You will:

• Abide by all applicable local, state, national, and international laws and regulations.
• Not interfere with or disrupt the use and enjoyment of the platform by other users.
• Not engage in transmission of spam, chain letters, or junk mail.
• Not defame, harass, abuse, or disrupt other users of the platform.

5. Customer Data

All data, content, applications, AI models, workloads, and files uploaded by customers remain the property of the customer. The Company does not claim ownership over customer data except for limited rights required to provide the Services.

6. Data Processing Role

Where the Company processes data on behalf of customers, the Company acts as a data processor/service provider, and the customer remains the data controller/owner responsible for lawful processing, compliance, and instructions.

7. Acceptable Use Policy

You agree not to use the platform or Services to:

• Violate any applicable law or regulation.
• Store or transmit illegal, harmful, infringing, or abusive content.
• Attempt unauthorized access to systems, networks, or accounts.
• Disrupt cloud infrastructure, AI systems, Kubernetes clusters, or APIs.
• Deploy malware, ransomware, or malicious code.
• Engage in abusive consumption of compute, GPU, or storage resources.

8. Service Suspension and Security Rights

The Company may suspend, restrict, or terminate access to Services immediately if it reasonably determines that there is a security threat, suspected unauthorized access or abuse, legal requirement, or if customer usage impacts system stability or infrastructure performance.

9. Disclaimer of Warranties

YOUR USE OF THIS PLATFORM AND/OR SERVICES ARE AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY THE CUSTOMER FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES.

11. Refund Policy

Refunds, if any, shall be governed strictly by applicable service agreements, enterprise contracts, or Service Level Agreements (SLAs). All consumption-based services, prepaid credits, AI compute usage, GPU usage, and infrastructure billing are non-refundable unless expressly agreed in writing by the Company.

12. Privacy

The Company believes strongly in protecting user privacy. Please refer to our Privacy Policy, incorporated by reference herein, for details on how we collect and use your data.

13. Indemnification

You will release, indemnify, defend and hold harmless the Company and its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses relating to or arising out of your use of the platform, breach of this Agreement, or violation of any applicable law.

14. Governing Law and Jurisdiction

This Agreement will be governed by the laws of India. Courts located in Hyderabad, Telangana shall have exclusive jurisdiction. By using the platform, you consent to the jurisdiction of such courts.

15. Termination

The Company reserves the right to terminate your access to the platform if it reasonably believes you have breached any terms and conditions of this Agreement. The Company may also terminate for security risks, legal requirements, or compliance violations.

16. General

• Force Majeure: The Company will not be liable for delays due to natural disasters, acts of God, war, terrorism, labor strikes, or other events beyond its reasonable control.
• Entire Agreement: This Agreement constitutes the entire agreement between you and the Company regarding use of the platform.
• Assignment: You may not assign your rights under this Agreement. The Company may assign its rights in its sole discretion.
• Domestic Use: The Company makes no representation that the Services are appropriate for use outside India.

BY USING THIS PLATFORM OR PURCHASING ANY SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.