1. Introduction and Acceptance

These Terms and Conditions (“Agreement” or “Terms”) constitute a legally binding agreement between Agile Factory (“Company,” “we,” “us,” or “our”) and you (“Customer,” “User,” or “you”) governing your access to and use of our factory management software platform and related services.

Agile Factory provides cloud-based digital solutions designed to streamline manufacturing operations, production planning, inventory management, workforce tracking, quality control, and financial reporting.

By registering, subscribing to, accessing, or using Agile Factory, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are entering into this Agreement on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.

Agile Factory is built to simplify factory operations at every level — from raw material procurement to finished goods dispatch. Whether you manage a small manufacturing unit or a large-scale production facility, our platform provides tools to monitor workflows, improve efficiency, and scale operations with confidence.

2. Definitions

• “Agile Factory Software” means the cloud-based factory management platform including all modules, features, and functionalities.
• “Services” means the software-as-a-service (SaaS) offering provided by the Company.
• “User Data” means all production data, inventory records, employee information, financial data, and other content submitted by Customer.
• “Documentation” means user guides, manuals, help files, and training materials.
• “Authorized Users” means Customer’s employees, contractors, or representatives permitted to use the Software.
• “Subscription Term” means the duration during which Customer is authorized to access the Software.

3. Grant of License and Access Rights

Subject to compliance with these Terms and payment of applicable fees, Company grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use Agile Factory during the Subscription Term solely for internal manufacturing and factory operations.

• Copy, modify, or create derivative works of the Software
• Reverse engineer, decompile, or attempt to extract source code
• Use the Software for unlawful or unauthorized purposes
• Resell, sublicense, lease, or distribute the Software to third parties
• Remove proprietary notices or branding
• Develop competing products using the Software
• Access the Software using unauthorized automated tools

Customer is responsible for maintaining the confidentiality of account credentials and for all activities conducted under their account. Any suspected unauthorized access must be reported immediately.

4. Subscription and Payment Terms

Customer agrees to pay subscription fees as specified in the applicable pricing plan or service agreement. All fees are non-refundable unless expressly stated.

• Subscription fees are payable monthly or annually in advance
• Payments are due within 30 days of invoice
• Late payments may incur interest up to 1.5% per month or the maximum permitted by law
• Services may be suspended for non-payment after written notice

Company may revise subscription fees with at least 60 days’ prior written notice. Continued use after the effective date constitutes acceptance of revised fees.

Customer is responsible for all applicable taxes, duties, and government charges, including GST, except taxes based on Company income.

5. Data Protection and Security

Customer retains full ownership of all User Data. Company processes such data solely for providing and improving the Services.

Both parties shall comply with applicable data protection laws including the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000.

• Encryption of data in transit and at rest
• Role-based access control mechanisms
• Regular system backups and disaster recovery procedures
• Security monitoring and vulnerability assessments

User Data may be processed for service delivery, technical support, analytics, product improvement, and legal compliance.

6. Acceptable Use Policy

Customer may use Agile Factory only for lawful manufacturing and business operations.

• Violating laws or third-party rights
• Uploading malicious software or harmful code
• Attempting unauthorized system access
• Accessing data belonging to other customers
• Engaging in fraudulent or deceptive practices
• Disrupting system functionality

7. Intellectual Property Rights

Company retains all intellectual property rights in the Software, branding, and Documentation.

Customer retains all rights to their own production data, reports, and proprietary business information.

Company may use feedback or suggestions provided by Customer without compensation or attribution.

8. Service Level and Support

Company aims to maintain 99.5% monthly uptime, excluding scheduled maintenance and force majeure events.

Support is provided during standard business hours via official support channels.

Scheduled maintenance will be notified in advance where possible. Emergency maintenance may occur without prior notice.

9. Warranties and Disclaimers

• Authority to enter into this Agreement
• Compliance with applicable laws
• No infringement of third-party rights

Except as expressly stated, the Software is provided “AS IS” without warranties of any kind. Company disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, Company’s total liability shall not exceed the subscription fees paid in the 12 months preceding the claim.

Neither party shall be liable for indirect, incidental, consequential, or punitive damages, including loss of profits or data.

11. Term and Termination

This Agreement remains in effect during the active Subscription Term and renews automatically unless terminated.

• Material breach not cured within 30 days
• Insolvency or cessation of business

• Access to the Software will cease
• Customer may export data within 30 days
• Outstanding payments remain due

12. Confidentiality

Both parties agree to keep confidential information secure and use it solely for purposes of this Agreement.

13. Force Majeure

Neither party shall be liable for delays caused by events beyond reasonable control including natural disasters, war, government restrictions, or pandemics.

14. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India. Disputes shall be subject to the exclusive jurisdiction of the competent courts at the Company’s registered location.

15. General Provisions

• This Agreement constitutes the entire agreement between the parties.
• Company may modify these Terms with prior written notice.
• If any provision is unenforceable, the remainder shall remain valid.
• The parties are independent contractors.