This Terms of Use (“Terms of Use”), Privacy Policy and other policies, if any, posted on our website sets out the terms on which Cygnet offers You access and use of website, portal, services, applications (including mobile applications) and tools (collectively “Services”). All policies including but not limited to Privacy Policy are incorporated into this Terms of Use by reference. You agree, accept and consent to comply with the above when accessing or using our Services.
The domain name www.cloudimpact.ai (hereinafter referred to as “Website”) and the product Cloud Impact (“CloudImpact”) are owned by Cygnet Infotech Private Limited, a company incorporated under the provisions of Companies Act, 1956 with its registered office at 16, Swastik Society, Near AMCO Bank, Near Stadium Circle, Opp. Diamond Plaza, Navrangpura, Ahmedabad-380009 (hereinafter referred to as “Cygnet ” or “we” or “us”).
You understand and agree that by using, accessing or browsing the Services of CloudImpact, You are deemed to have fully consented for processing Your Customer Data for the purpose of providing the Services herein and have accepted these terms, regardless of how You subscribe to or use the Services. This Terms of Use, Privacy Policy, and other policies applicable to CloudImpact Services, whether the same is accessed through the Website or through mobile application, is an electronic record in the form of an electronic contract which shall be binding under the applicable law including the relevant provisions of the Information Technology Act of 2000 and rules made there under as applicable including any amendments thereof and other provisions pertaining to electronic records in various statutes thereof. This electronic record is generated by a computer system or devices and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of CloudImpact Website.
For the Purpose of this Terms of Use, “Registered User” or “Customer” and wherever the context so requires “You” or “User” or “Your”, shall mean any natural or legal person who has agreed to use the Services of the Website / portal / application by providing registration data while registering on the Website as Registered User/visitor using the Website and has accepted electronic version of this Terms of Use and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing the name, cell number, email id, User’s public IP (Internet Protocol) address, organization details, browser details, location details (if allowed by the User) and device/operating system’s (OS) version (“Customer Data”).
If there is any conflict between Privacy Policy and Terms of Use, then Terms of Use shall take precedence’ but only to the extent of the conflict.
Please read these Terms of Use carefully before using or registering on the Website / portal / application or accessing any material, information or services through the Website or application. If You do not agree with these Terms of Use, please do not use the Services.
Registered User and Cygnet shall individually be referred to as a “Party” and collectively be referred to as “Parties”.
CloudImpact offers cloud observability solutions by linking their AWS and other data for the decisions that affect cost, risk, reliability, readiness, and action priority. CloudImpact identifies each solution area and connects findings with context, impact, and next steps so teams know where to focus first.
For the purposes of these Terms of Use, the following capitalized terms shall have the meanings set forth below:
4.1. “Applicable Law” means any statute, law, bye-law, enactment, regulation, ordinance, policy, treaty, rule, notification, direction, directive, guideline, circulars, requirement, license, order, decree, judgment, or any restriction or condition, or any similar form of a decision of, or determination, application or execution by, or interpretation or pronouncement having the force of law, issued by any governmental authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, in India or in the country in which the Services are accessed;
4.2. “Business Days” shall mean a day (other than a Saturday or Sunday or a public holiday) when scheduled banks are open for ordinary banking business in Ahmedabad;
4.3. “Data Protection Laws” shall mean any statute or enactment by any governmental authority having jurisdiction over the matter providing for the protection of personal data, and includes the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Digital Personal Data Protection Act, 2023 and Digital Personal Data Protection Rules, 2025, as and when made applicable;
4.4. “Intellectual Property” means all copyrights in software, literature, data compilations etc., any process or product patents, trademarks, service marks, logos, registered designs, brand names, technical know-how, trade secrets, business/trade names, domain names, utility models, inventions, processes, database rights, software programs and any similar rights available in any country and the benefit of any of the foregoing, whether it subsists now or in future, (in each case whether registered or unregistered and including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world).
5.1. Cygnet hereby grants to You a limited, non-exclusive, non-transferable, revocable right and license to use the CloudImpact Services.
5.2. You shall have a limited right to use the CloudImpact Services in accordance with the Applicable Law in the provision of the Services.
5.3. You shall follow and adhere with the guidelines relating to CloudImpact Service if any set out here under or by a separate agreement as may be required Applicable Law.
5.4. Terms and conditions attached to the use of Services will continue to apply until terminated by either You or Cygnet as set forth below under Clause 7.
6.1. Upon accessing Services and at the time of creation of the user account, You shall ensure that the account information provided by You, if required in the Website’s registration form is complete, accurate and up to date. Use of another users’ account Information for availing Services is expressly prohibited.
6.2. Any change in the details of the Customer Data as provided at or after the time of registration for using CloudImpact Services shall be promptly intimated to us. In any case, You shall be entitled to correct, update or complete any information provided to us either through the Website or through contacting the person as undersigned in this Terms of Use under the Notice clause.
6.3. By creating a user account, You agree and authorize Cygnet to:
6.3.1. Verify Your identity, including during account creation and password reset processes.
6.3.2. Send invoices through email on Your registered email id or by any other means on the contact information as provided by You.
6.3.3. Manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities.
6.3.4. Detect, prevent or remediate violations of policies or applicable Terms of Use.
6.3.5. Perform internal operations, including, for example, to prevent fraud and abuse of our Services or illegal activities; to troubleshoot software bugs and operational problems; to conduct data analysis, testing and to monitor and analyze usage and activity trends.
6.3.6. Personalize and improve the Services, including providing or recommending features, content, social connections, referrals, and advertisements.
6.4. On using CloudImpact Services, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or device to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Cygnet immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You shall ensure that You exit from Your Account at the end of each session. Cygnet cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Cygnet or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your account information secure and confidential.
6.5. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) then Cygnet shall not be responsible for any outcome of the Service of Your account whether appropriate or inappropriate in current or future use of the Services. Further, any use of another users’ account information for availing the Services is expressly prohibited.
6.6. Users are solely responsible for ensuring that their representations on the Website comply with all Applicable Laws, regulations, third party agreements and licensing requirements. Cygnet disclaims any liability arising from User non-compliance.
6.7. Security: Cygnet protects Your information from unauthorized use or disclosure by taking reasonable technical and organizational measures designed to secure our systems from unauthorized access, use or modification.
In connection with using or accessing the Services, You will not:
7.1. Breach or circumvent any Applicable Laws, Intellectual Property, third-party rights or our systems, policies, or determinations of Your account status.
7.2. Use CloudImpact Services if You are not able to form legally binding contracts under Indian Contract Act, 1872 or any other Applicable Law. By accessing or using the Website, you represent and warrant that (i) You are at least 18 (eighteen) years of age; (ii) You have the legal capacity and authority to enter into a binding agreement; (iii) You are not barred from accessing or using the Platform under any applicable law, rules, regulation, or court order; and (iv) If you are accessing the Platform on behalf of a legal entity (e.g., company or LLP), you are duly authorized to bind such entity to these Terms.
7.3. Transfer Your User ID to any third party without the consent of Cygnet.
7.4. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes in any manner whatsoever.
7.5. Distribute viruses or any other technologies that may harm Cygnet, or the interests or property of Users.
7.6. Use any robot, spider, scraper, or other automated means to access CloudImpact Services for any purpose.
7.7. Bypass CloudImpact systems, interfere with the working of Our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
7.8. Commercialize any application or any information or software associated with such application.
7.9. Harvest or otherwise collect information about Users without their consent.
7.10. Circumvent any technical measures Cygnet use to provide the Services.
7.11. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, portal, application or network or any systems or networks connected to the Website, portal or application;
7.12. Redistribute, copy, amend, modify or commercially exploit any contents, material or component of Services provided, accessed or availed through Website, portal or application without the prior written permission of Cygnet which permission may be withheld or denied by Cygnet in its sole discretion.
8.1. By creating a User account, You hereby provide Your free, specific, informed, unconditional and unambiguous consent to Cygnet for the purpose of processing of Your Customer Data or data, information or details provided by You for the following purposes:
8.1.1. Conducting and evaluating cost optimization and control;
8.1.2. Assess policy gaps, access issues, and weak controls across the organization;
8.1.3. Identifying infrastructure issues affect service health and uptime;
8.1.4. Identifying infrastructure readiness and decision prioritization;
8.1.5. Improving AI models and platform performance;
8.1.6. Communication with users;
8.1.7. Compliance and fraud prevention;
8.1.8. Sending communications We think will be of interest to You, including information about products, services, promotions, updates from time to time, where permissible and according to local applicable Data Protection Laws; or
8.1.9. Provision of such Services as provided in the Privacy Policy or any other supportive or ancillary Services in connection with the provision of the Services.
8.2. You hereby acknowledge that the use of the Services and/or the Website constitute a valid notice for obtaining consent under the Data Protection Laws. You further agree and authorize Cygnet to process transactions and send intimations through email and SMS on Your registered email ID and mobile number as per applicable Data Protection Laws.
9.1. The Website and mobile application, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) is owned and controlled by Cygnet and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website and mobile application, by no means are any rights impliedly or expressly granted to You in respect of such Content. Cygnet reserves the right to change or modify the Content from time to time at its sole discretion.
9.2. The trademarks, logos and service marks displayed on the Website and mobile application (“Marks”) are the property of Cygnet. You are not permitted to use the Marks without the prior written consent of Cygnet.
9.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cygnet owns all intellectual property rights to and into the trademark “CloudImpact”, Website and mobile application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (including any pending patents for which application have been made), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Cygnet.
9.5. You hereby grant Cygnet a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data solely to the extent necessary to provide the Services or as otherwise permitted in these Terms of Use. You expressly authorize Cygnet to use and process Customer Data (including any confidential information contained therein) as described in these Terms of Use and in the Privacy Policy, which provides for the following purposes:
9.5.1. Conducting and evaluating cost optimization and control;
9.5.2. Assess policy gaps, access issues, and weak controls across the organization;
9.5.3. Identifying infrastructure issues affect service health and uptime;
9.5.4. Identifying infrastructure readiness and decision prioritization;
9.5.5. Improving AI models and platform performance;
9.5.6. Communication with users including updates and promotions;
9.5.7. Compliance and fraud prevention; or
9.5.8. Any other supportive or ancillary Services in connection with the provision of the Services.
10.1. Any CloudImpact Intellectual Property provided or otherwise made available to You or its affiliates may be used by You and/or its affiliates solely for the express purposes described in this Terms of Use during the Term of this Terms of Use. For the avoidance of doubt, You will not:
10.1.1. copy any CloudImpact Intellectual Property;
10.1.2. distribute copies of any CloudImpact Intellectual Property;
10.1.3. modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any CloudImpact Intellectual Property;
10.1.4. use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any CloudImpact Intellectual Property; or
10.1.5. use any CloudImpact Intellectual Property to act as a consultant, service bureau or application service provider, or to permit remote access to any CloudImpact Intellectual Property.
11.1. In case Cygnet believes that You are abusing Services provided to You in any way, Cygnet may, in its sole discretion and without limiting other remedies, limit, suspend, or terminate Your User account(s) and access to its Services, delay, remove any special status associated with Your account(s), remove and, reduce or eliminate any discounts, and take technical and/or legal steps to prevent You from using its Services.
11.2. Cygnet may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue its Services. Additionally, Cygnet reserves the right to refuse or terminate all or part of its Services if Your access to its Services are detrimental in nature.
11.3. This Agreement shall continue to apply until terminated by either You or Cygnet as set forth below.
If You want to terminate Your agreement with Cygnet, You may do so by (i) not accessing the Website and mobile application or (ii) closing your Account for all of the Services that You use, where Cygnet has made this option available to You.
11.4. You agree that Cygnet may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Cygnet determines that You have violated the terms of these Terms of Use or any other agreement(s). You also agree that any violation by You of this Terms of Use will cause irreparable harm to Cygnet, for which monetary damages may be inadequate, and You consent to Cygnet obtaining any injunctive or equitable relief that Cygnet deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cygnet may have at law or in equity.
11.5. Upon expiration or early termination of this Terms of Use, Cygnet shall (a) delete all Customer Data (including but not limited to Your credentials, code, documentation, passwords or access codes, mobile number, email id, User’s public IP (Internet Protocol) address, organization details, browser details, Device/Operating System’s (“OS”) version) along with the documents signed under these Terms of Use and the arrangement with Cygnet and any other sensitive information in our possession, custody, or control excluding the document transaction audit trail or any other documents as per the requirement under any Applicable Law, which will remain with Cygnet; and (b) Your right to access any of the applicable Services will cease. You shall be responsible to make forthwith pending payment for the remaining portion of the subscription term and for the Services used till the date of such termination/expiry, if any.
12.1. Cygnet Infotech may provide You with Services for free or on a trial basis (a “Free Access Subscriptions”) or other early-stage Services, integrations, or features which are optional for You to use. This Section will apply to any Free Access Subscriptions (even if early releases are provided for a fee or counts towards Customer/User’s subscription plan).
12.2. Cygnet may use good faith efforts in its discretion to assist Customers with Free Access Subscriptions or beta releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, YOU AGREE THAT ANY FREE ACCESS SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, SERVICE LEVEL AGREEMENTS, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO FREE SUBSCRIPTION, YOU FURTHER ACKNOWLEDGE AND AGREE THAT FREE SUBSCRIPTIONS MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN OTHER PROBLEMS FOR WHICH CYGNET WILL NOT BE RESPONSIBLE.
12.3. Cygnet makes no promises that future versions of free trials will be released or will be available under the same commercial or other terms. Cygnet may terminate Your right to use any Free Access Subscriptions or beta releases at any time for any or no reason at Cygnet’s sole discretion, without any liability.
Subject to the applicable law, Cygnet shall have right to maintain audit as well as transaction logs or any other data as may be required to be maintained under Applicable Law, of all the request/response processed by You, by capturing the complete meta data available in http headers, request and response time stamp along with status (success/failure/timeout etc.), requesting third party details like application id/license key, API type etc. as prescribed by the relevant governmental authorities from time to time.
14.1. Cygnet views the protection of Your privacy as a very important principle. Cygnet understand clearly that You and Your data or personal information is one of Cygnet’s most important assets. Cygnet store and process Your data or information including any sensitive financial information collected (as defined under the Information Technology Act, 2000 or the Digital Personal Data Protection Act, 2023 read with rules made thereunder, as enacted in India), if any, on computers that may be protected by physical as well as reasonable security safeguard or technological security measures and procedures in accordance with Information Technology Act, 2000 or the Digital Personal Data Protection Act, 2023 read with rules made there under. CloudImpact’s current Privacy Policy is available on its website.
14.2. Once You provide Your information to us, Cygnet shall use such information to provide You the Services with respect to Your transaction only.
15.1. THE WEBSITE, SERVICES, CONTENT, AND ANY THIRD PARTY CONTENT OR SERVICES ARE PROVIDED BY CLOUDIMPACT ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CYGNET MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYGNET OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
15.2. NOTWITHSTANDING ANYTHING TO CONTRARY CONTAINED IN THE TERMS OF USE, CYGNET’S ENTIRE AND AGGREGATE LIABILITY TO YOU UNDER AND IN RELATION TO THESE TERMS OF USE OR OTHERWISE SHALL NOT EXCEED THE PRECEDING TWELVE MONTHS’ FEES PAID AND/OR PAYABLE BY YOU UNDER THIS TERMS OF USE. FURTHER CYGNET WILL HAVE NO LIABILITY RELATED TO USER SERVICES AND / OR THIRD PARTY CONTENT OR SERVICES. CYGNET ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF SERVICES OR ANY THIRD PARTY CONTENT OR SERVICES WHICH ARE NOT IN THE REASONABLE CONTROL OR WHICH MAY NOT BE REASONABLY FORSEEABLE OR FOR WHICH CYGNET HAS UNDERTAKEN REASONABLE MEASURES AS REQUIRED UNDER APPLICABLE LAW.
15.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CYGNET WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. CYGNET HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT CYGNET NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. CYGNET SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, CYGNET SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND CYGNET ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY DATA UPLOADING THROUGH THE WEBSITE IS DONE ENTIRELY AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTS FROM THE SUBMISSION SUCH MATERIAL OR DATA. CYGNET ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY SERVICES PROVIDED TO YOU WHETHER ON BEHALF OF THIRD PARTIES OR ITSELF.
15.4. YOU WILL BE REQUIRED TO ENTER A VALID PHONE NUMBER, EMAIL ID OR SUCH OTHER DETAILS WHILE REGISTERING ON THE WEBSITE. BY REGISTERING YOUR PHONE NUMBER WITH US, YOU PROVIDE CONSENT TO BE CONTACTED BY US VIA PHONE CALLS AND/OR SMS NOTIFICATIONS IN RELATION TO SERVICES UPDATES, IN CASE OF ANY SUCCESSFUL/FAILURE OF TRANSACTIONS OR TRANSACTIONS ERROR NOTIFICATION ETC. WE WILL NOT USE YOUR PERSONAL INFORMATION TO INITIATE ANY PROMOTIONAL PHONE CALLS OR SMS.
15.5. YOU ACKNOWLEDGE THAT CYGNET IS NOT PROVIDING LEGAL, FINANCIAL, TAX, ACCOUNTING OR PROFESSION ADVICE. YOU WILL BE SOLELY RESPONSIBLE FOR THE PREPARATION, CONTENT, ACCURACY AND REVIEW OF ANY DOCUMENTS DATA OR OUTPUT PREPARED OR RESULTING FROM THE USE OF THE CLOUDIMPACT’S SERVICES. IN NO EVENT SHALL CYGNET OR ITS THIRD PARTY SERVICE PROVIDER BE LIABLE FOR ANY PENALTIES, INTEREST OR TAXES ASSESSED BY ANY GOVERNMENTAL OR REGULATORY AUTHORITY.
16.1. Notwithstanding anything contained in this Terms of Use, it is hereby clearly understood by the Parties that the Cygnet shall have no responsibility or liability in relation to failure of any activity, if such activity may have been initiated by a You and/or third party through CloudImpact application (API or other services), and has failed or has been delayed on account of the process of authentication and acceptance of Your data, including but not limited to, failure or delay as a result of, network or connectivity failure, device or application failure or any other technical or non-technical error of any nature, whether foreseen or unforeseen at the time of entering into this Agreement.
16.2. You agree to indemnify, defend and hold harmless Cygnet, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “Indemnified Parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Terms of Use or any other policies or agreement(s) with Cygnet; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website / Services; or (iii) Your violation of any rights of another, including any intellectual property rights.
16.3. Cygnet may notify You of any claims which You shall be liable to indemnify Cygnet. You will then be required to consult with Cygnet regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Cygnet without the express prior written consent of Cygnet which can be withheld or denied or conditioned by Cygnet in its sole discretion.
When You use the Website, mobile application or send emails or other data, information or communication to CloudImpact, You agree and understand that You are communicating with CloudImpact through electronic records and You consent to receive communications via electronic records from CloudImpact which may be sent to You periodically and as and when required. CloudImpact will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any Applicable Law.
18.1. Injunctive Relief: You further agree, acknowledge and accept that any violation by You of the Terms of Use, any agreement(s) or any of the policies will cause irreparable harm to Cygnet, for which monetary damages may be inadequate, and You consent to Cygnet obtaining any injunctive or equitable relief that Cygnet deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cygnet may have at law or in equity.
18.2. Entire Terms of Use: This Terms of Use (including all attachments hereto, and all documents incorporated herein by reference) represents the entire Terms of Use between the Parties with respect to the subject matter hereof and supersedes any proposals, representations previous or contemporaneous oral or written agreements and any other communications between the Parties.
18.3. Assignment: You are prohibited to assign this Terms of Use or any of its rights hereunder, or delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of law or otherwise, without Cygnet ‘s prior written consent. Cygnet may, in its sole and absolute discretion, transfer its rights and obligations (also known as “assign”) under this Terms of Use without your prior express consent, provided that Cygnet assigns the Terms of Use on the same terms or terms that do not hamper with your enjoyment of the Services of CloudImpact.
18.4. Independent Contractors: The Parties are entering into this Terms of Use as independent contractors, and this Terms of Use will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee or agent of the other or enter into any agreement or legally binding commitment or statement on the others behalf or in the other’s name.
18.5. Grievance Officer: In compliance with Data Protection Laws and the rules made thereunder, the Grievance Officer of CloudImpact shall be Mr. Anuj Teli with email address: anuj.teli@cygnet.one.
18.6. Governing Law and Jurisdiction: This Terms of Use shall be construed only in accordance with the laws of India. Subject to as provided herein, in respect of all claims, matters/disputes arising out of, in connection with or in relation to this Terms of Use, the competent courts at Ahmedabad, Gujarat shall have jurisdiction. Either Parties may, upon written notice to the other Party, may refer any dispute to arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator, mutually appointed by the Parties. However, if the Parties are unable to mutually appoint the sole arbitrator within 30 (thirty) Business Days from the expiry of the time specified above, the arbitrator shall be appointed as per Arbitration and Conciliation Act, 1996, as amended. All proceedings of such arbitration shall be in the English language. The seat and venue of the arbitration shall be Ahmedabad, Gujarat, India. Any arbitration award rendered shall be final, and binding on the Parties.
18.7. Force Majeure: Neither Party shall be liable for any failure to perform any of its obligations hereunder by reason of acts of God, including but not limited to natural disaster, fire, thunder, lightning, explosion, storm, tidal wave, flood earthquakes, hurricanes or draught, strikes, lockouts or other industrial disturbances, war, terrorist acts, riot, or other civil disturbance, epidemics, pandemics, government imposed lock-downs or other similar forces which are beyond Party’s control and could not by the exercise of reasonable diligence have been avoided (“Force Majeure Event”), provided that the affected Party provides the other Party prompt notice of the applicable circumstance and uses commercially reasonable efforts to re-commence performance as promptly as possible; and provided further that if a Party’s performance is delayed for a period of more than 30 (thirty) days by reason of any Force Majeure Event, then the other Party may at its option, by written notice to the affected Party terminate this Terms of Use. For the avoidance of doubt, Customer’s financial inability to perform or Customer’s insolvency or change in economic and tax laws shall not be an event of Force Majeure Event hereunder.
18.8. Waiver: To be effective, any waiver by a Party of any of its rights or the other Party’s obligations under this Terms of Use must be made in a writing signed by the Party to be charged with the waiver. Waiver of any breach of any term or condition of this Terms of Use will not be deemed a waiver of any prior or subsequent breach. No failure or forbearance by either Party to insist upon or enforce performance by the other Party of any of the provisions of this Terms of Use or to exercise any rights or remedies under this Terms of Use or otherwise at Law or in equity will be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
18.9. Severability: If any provision of this Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this Terms of Use, and the invalidity or unenforceability of any provision of this Terms of Use in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.
18.10. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of CloudImpact to Cygnet Infotech Private Limited with attention to legal department, at 16, Swastik Society, Nr. Stadium Circle, Navarangpura, Ahmedabad – 380009 (in the case of CloudImpact) or to the email address You provide to us during the registration process (in your case). Notice shall be deemed given 24 (twenty four) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 (three) days after the date of mailing.
18.11. Change in Policy: Website created and controlled by CloudImpact reserves the right to make any changes to the Website and its terms, conditions and disclaimers at any time without prior information to the Customers or Users of the Services. You are encouraged to review the Terms periodically to stay informed of any changes and in any case You are bound to understand the terms and conditions before accessing CloudImpact and using the Service provided by Us. Your continuous Use of the CloudImpact after the revising the terms and conditions will be consider as Your acceptance of the said revised terms and conditions.
18.12. Survival: The Parties’ rights and obligations, which by their nature would extend beyond the termination, cancellation or expiration of the arrangement, shall survive such termination, cancellation or expiration.
18.13. Feedback: If You wish to provide any suggestions, comments, improvements, information, ideas, or other feedback or related materials to Services (collectively, “Feedback”), You hereby grant Cygnet a worldwide, perpetual, non-revocable, sub-licensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these Terms limits Cygnet’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
Last updated: 12th June, 2026