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Statutory Legal Agreement

Terms of Service

Master Subscription and Service Level Agreement governing the use of the Kare®- 360° Data Migration cloud platform.

Last Updated: August 26, 2026Effective Date: August 26, 2026DPDPA 2023 Compliant
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Important Legal Notice

PLEASE READ THESE TERMS OF SERVICE ("TERMS", "AGREEMENT") CAREFULLY BEFORE ACCESSING OR USING THE CLOUD DATA MIGRATION PLATFORM, APPLICATION PROGRAMMING INTERFACES (APIs), WEB CONSOLES, AND ASSOCIATED SERVICES HOSTED AT HTTPS://360DATAMIGRATION.COM AND ITS SUBDOMAINS (COLLECTIVELY, THE "SERVICE" OR "PLATFORM"), OPERATED BY PINSOFTEK("COMPANY", "WE", "US", OR "OUR").

BY CREATING AN ACCOUNT, CONNECTING SOURCE/DESTINATION CLOUD TENANTS, INITIATING A TRIAL MIGRATION, PURCHASING A PLAN, OR OTHERWISE ACCESSING THE SERVICE, YOU ("CUSTOMER", "ADMINISTRATOR", "YOU", OR "YOUR") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL APPLICABLE LAWS OF THE REPUBLIC OF INDIA. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, COMPANY, OR MANAGED SERVICE PROVIDER (MSP), YOU REPRESENT AND WARRANT THAT YOU HAVE FULL STATUTORY AND CORPORATE AUTHORITY TO BIND THAT ENTITY.

1DEFINITIONS & OPERATIONAL SCOPE

  • "Service" means the proprietary, automated, cloud-to-cloud data migration SaaS platform developed by Pinsoftek, facilitating automated data transfers across supported cloud environments (Google Workspace, Microsoft 365, Dropbox Enterprise, cPanel, Zimbra, Zoho, Apple iCloud, and related ecosystems).
  • "Customer Data" means all electronic files, emails, metadata, access control lists (ACLs), user profiles, contacts, calendars, tasks, and directory objects transferred between cloud endpoints.
  • "Source & Destination Tenants" mean the third-party cloud environments between which data is transferred via vendor-authorized APIs or credentials.
  • "Data Principal", "Data Fiduciary", and "Data Processor" have the respective statutory meanings assigned under the Digital Personal Data Protection Act, 2023 (DPDPA).

2ELIGIBILITY, ENTERPRISE USE & RESTRICTIONS ON MINORS

2.1. Enterprise B2B Service: The Platform is strictly an enterprise business-to-business (B2B) utility intended solely for authorized IT administrators who are at least eighteen (18) years of age.

2.2. Protection of Minors (Section 9 DPDPA): You warrant that you will not initiate migration jobs involving the personal data of minors (individuals under 18 years of age) without having obtained verifiable parental or lawful guardian consent as required under Section 9 of the DPDP Act. We do not knowingly profile or track minors.

3ACCOUNT INTEGRITY, AUTHENTICATION & OAUTH SCOPES

3.1. Credentials & MFA: You are responsible for safeguarding your administrative account credentials and Multi-Factor Authentication (MFA) tokens. Any operation performed under your verified account will be deemed authorized by you.

3.2. Delegated API Scopes: The Service relies on administrative OAuth 2.0 delegated authorization or service accounts. You remain solely responsible for assigning the minimum necessary administrative permissions in your cloud environments.

3.3. Session Revocation: You retain full autonomy to revoke Pinsoftek's OAuth access tokens directly from your Google Workspace Admin Console, Microsoft Entra ID (Azure AD), or third-party admin panels at any time upon job completion.

4DATA PROCESSING & DPDPA 2023 COMPLIANCE

4.1. Processor Obligations: As a Data Processor under Section 8 of the DPDPA 2023, Pinsoftek processes Customer Data strictly under the lawful instructions of the Customer (Data Fiduciary) and for the exclusive purpose of executing data migration operations.

4.2. In-Memory Streaming & Non-Persistence: Pinsoftek employs stateless streaming pipelines. Customer payload contents are transferred directly between cloud vendor endpoints in memory and are never persisted, cached, or written to long-term disk storage on Pinsoftek servers.

4.3. Encryption Standards: All data in transit is protected using TLS 1.3 encryption. Internal system state and configuration tokens are encrypted at rest using AES-256 with hardware-isolated secret keys.

5LICENSING, BILLING & TAXATION (GST)

5.1. License Tiers: Access is provided on a per-user license or tiered capacity model as selected during checkout or plan upgrade.

5.2. Statutory Taxes: All stated prices are subject to applicable Goods and Services Tax (18% GST) under the laws of the Republic of India. Tax invoices are generated electronically upon verified payment confirmation.

5.3. Payment Verification: Commercial plan activation is instantaneous upon cryptographic webhook signature verification from our authorized payment gateway partners (Razorpay).

6INTELLECTUAL PROPERTY & PROPRIETARY RIGHTS

All rights, title, and interest in and to the Service, including the migration orchestration engine, AST code architectures, APIs, user interfaces, documentation, trademarks, and logos, remain the exclusive property of Pinsoftek.

7LIMITATION OF LIABILITY & INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, NEITHER PINSOFTEK NOR ITS DIRECTORS, EMPLOYEES, OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PINSOFTEK IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

8GOVERNING LAW & JURISDICTION

These Terms shall be governed by, construed, and enforced in accordance with the substantive laws of the Republic of India. Any dispute, controversy, or claim arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in Ahmedabad, Gujarat, India.

Statutory Redressal

Data Protection & Grievance Officer

In accordance with Section 8(9) of the Digital Personal Data Protection Act, 2023, and Rule 3(2) of the Information Technology Rules, 2021, any legal inquiries, compliance notices, or statutory grievances must be directed to our appointed Grievance Officer:

Designation:Chief Compliance & Grievance Officer
Entity:Pinsoftek Legal & Compliance Dept
Postal Address:306, Shail's Mall, Chimanlal Girdharlal Rd, Ahmedabad, Gujarat 380006, India
© 2000 PINSOFTEK, ALL RIGHTS RESERVED