Termsofusage

This document outlines the standard contractual terms and conditions (“Terms”) that apply to the provision of any products or services by YASH Technologies Private Limited (together with its affiliates, “YASH”) to the entity identified on the Order Form (“Customer”). These terms are incorporated into the Order Form and together, the Order Form and these Terms are the “Agreement.” An “Order Form” means any order for the provision of YASH products or services signed by Customer.

1. Service (Platform; Access and Use)

Subject to the terms of this Agreement, YASH will provide Customer and its Business Users access to its proprietary software as a service, accessible at at Customer hosted environment (collectively, the “Site”, and together with any other products and services specified on the Order Form, the “Service/Platform”). “Business User” means any administrator or individual who is authorized by the Customer to use the Platform. The said access is limited, non-exclusive, non-transferable (except as otherwise permitted under this Terms during the Subscription period defined under the Order Form. A Customer Affiliate may separately acquire access rights to the Platform pursuant to this Terms by entering into an Order Form, and in each such case, all references in this Terms to the Customer will be deemed to refer to the applicable Affiliate for purposes of that Order Form. Customer will be responsible for all acts, omissions, and obligations of Business User in connection with its Subscription. YASH may update the content, functionality, and user interface of the Products or Platforms from time to time, provided such update will not materially decrease the functionality of the Platform during the applicable Subscription period defined under respective Order Form. Customer agrees that its use of the Platform under this Terms is not contingent on the delivery of future features or functionality.

2. Usage Restrictions

Customer shall not (and shall not permit any Business Users to): (a) license, sublicense, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, in whole or in part, or any content displayed on the Platform or otherwise provide access to the Platform to any person, firm or entity, except as expressly authorized herein; (b) modify, make derivative works of, disassemble, decode, reverse compile or reverse engineer any part of the Platform or merge the Platform or any subpart thereof (including proprietary markings) with other services or software, or remove or modify any proprietary markings or restrictive legends in the Platform (or on any content displayed on the Platform); (c) use the Platform or any of YASH’s Confidential Information (as defined below) to build a similar or competitive website, product, or service; (d) except as expressly permitted by the Platform, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Platform in any form or by any means; (e) use the Platform to (1) to knowingly post, upload, link to, send or store any content that is defamatory, libelous, fraudulent, derogatory, abusive, obscene, unlawful, hateful, harassing, violent, threatening, racist or discriminatory, or (2) harm or impersonate any person or violate the rights of any third-party rights; (f) interfere with or disrupt the integrity or performance of the Platform; (g) attempt to gain unauthorized access to the Platform or its related systems or networks;

• introduce viruses, Trojan horses, worms, spyware, or other such malicious code into the Platform; or
• use the Platform in violation of any applicable YASH YASH reserves the right, in its sole discretion, to suspend or terminate Customer’s access to the Platform as defined under respective Order Form, if it determines Customer to be in violation of the above.

3. YASH Responsibilities

YASH shall provide:

• all updates and upgrades to the Platform to Customer that YASH provides to its customers generally for no additional charge; and
• support resources (“Support”) located at [neupac.com/support].

4. Fees

Access to the Platform is expressly conditioned on timely payment of the subscription fee set forth on the Order Form (the “Subscription Fee”). The Subscription Fee will be due from Customer within thirty

(30) days of the invoice date, unless otherwise agreed to in the Order Form. The Subscription Fee owed by Customer is exclusive of, and Customer shall pay, all sales, use, VAT, excise, withholding, and other taxes that may be levied in connection with this Agreement. Except as set forth in this Agreement, all fees are non-refundable and order form once issued will be non-cancellable.

Notwithstanding any other provision in the Agreement, if any withholding tax or other deduction by Customer is required by any governmental authority of Customer’s jurisdiction of residence, organization or formation (or YASH is required by any governmental authority of Customer’s jurisdiction of residence, organization or formation to remit any such taxes), Customer will pay to YASH such additional amount (“Gross-up Payment”) that will ensure that YASH receives the same total amount set forth in the applicable Order Form that it would have received if no such withholding or deduction by Customer (or payment by YASH) had been required (taking into account any and all applicable taxes (including any taxes imposed on the Gross-up Payment)). Customer shall pay such additional amounts when making the payment to which the withholding or deduction relates (or promptly, if the parties are alerted to additional tax liability after Customer makes the payment to which the tax liability relates). If Customer is exempt from certain taxes, Customer will provide proof of such exemption to YASH without undue delay upon execution of the aforesaid Order Form.

Customer will reimburse YASH for all reasonable costs and expenses incurred in collecting any late payments. YASH reserves the right to suspend or downgrade Customer’s access to the Platforms with notice in the event of Customer’s non-payment of past-due invoices. Customer is responsible for providing complete and accurate billing information to YASH on request.

5. YASH Representations and Warranties

YASH warrants that: (a) the functionality or features of the Platform and Support may change but will not materially degrade during the Term, and (b) the Platform will conform to its then current documentation. As Customer’s exclusive remedy and YASH’s sole liability for breach of the warranty set forth in this Section 5, (a) YASH shall correct the non-conforming service at no additional charge to Customer, or (b) in the event YASH is unable to correct such deficiencies after good-faith efforts, YASH shall refund Customer amounts paid that are attributable to the defective service from the date YASH received such notice. To receive warranty remedies, Customer must promptly report deficiencies in writing to YASH, but no later than thirty (30) days of the first date the deficiency is identified by Customer.

6. Mutual Representations and Warranties

Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) it will comply with all applicable laws and regulations (including all applicable export control laws and restrictions) with respect to its activities under this Agreement.

7. Confidential Information

Each party acknowledges that the other party may disclose its Confidential Information to the other in the performance of this Agreement. Accordingly, each party shall: (a) keep the Confidential Information disclosed by the other party confidential, (b) use Confidential Information only for purposes of fulfilling its obligations hereunder, and (c) disclose such Confidential Information only to the receiving party’s or its affiliates’ employees who have a need to know and only for the purposes of fulfilling this Agreement. As used herein, “Confidential Information” means information in the possession or under the control of a party of a proprietary nature relating to the technical, marketing, product and/or business affairs or trade secret information of that party in oral, graphic, written, electronic or machine-readable form. Confidential Information shall not include information that: (a) the receiving party possesses prior to acquiring it from the other, (b) becomes available to the public through no violation by the receiving party of this paragraph, (c) is given to the receiving party by a third party not under a confidentiality obligation to the disclosing party, (d) is developed by the receiving party independently of and without reliance on confidential or proprietary information provided by the disclosing party, or (e) the receiving party is advised by counsel is required to be disclosed by law.

8. Proprietary Rights 

As between Customer and YASH, YASH Intellectual Property is, and shall at all times remain, the sole and exclusive property of YASH. Customer will not have any rights to the Platform except as expressly granted in this Agreement. YASH shall have the right, in its sole discretion, to modify its Intellectual Property. “YASH Intellectual Property” means the Platform, and all improvements, changes, enhancements and components thereof, and all other proprietary materials of YASH and/or its licensors that are delivered, provided or used by YASH in the course of performing the services, as well as all other intellectual property owned by YASH and all copyrights, patents, trademarks and trade names, trade secrets, specifications, methodologies, documentation, algorithms, criteria, designs, report formats and know-how, as well as any underlying source code and object code related thereto.

9. User Content and Statistical Data

As between YASH and Customer, any information and content that Customer or a Business User submits to, or uses with, the Platform (e.g., content in the user’s profile or postings), remain the sole property of Customer (“User Content”). YASH may use the User Content to provide and improve the Platform and Support in accordance with this Agreement or Customer’s instructions. Customer acknowledges and agrees that YASH shall have the right to utilize data capture, syndication, and analysis tools, and other similar tools, to extract, compile, synthesize, and analyze any non-personally and non-Customer identifiable data or information resulting from Customer’s use of the Platform (“Statistical Data”). Statistical Data may be collected by YASH for any lawful business purpose without a duty of accounting to Customer, provided that the Statistical Data is used only in an anonymized, aggregated form, without specifically identifying the source of the Statistical Data. On creation, Statistical Data will be deemed YASH Intellectual Property.

Customer acknowledges that the Platform is not designed for use with (and does not require) Sensitive Information included in User Content. Customer specifically agrees not to use the Platform to transmit, upload, collect or otherwise process any Sensitive Information. “Sensitive Information” means any passwords, credit card or debit card information, personal financial account information, government issued identification numbers (such as social security numbers, passport numbers, driver’s license numbers or similar identifiers), biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of “special categories of personal data” under European data protection laws or any other applicable laws relating to privacy and data protection. YASH will have no liability under this Agreement for Sensitive Information included within User Content, or any security incident or breach regarding such Sensitive Information, notwithstanding anything to the contrary herein.

10. Feedback

YASH may send surveys to Business Users to solicit feedback regarding performance of the Platform and suggestions for improvements. Customer, and each Business User (to the extent Customer has such right), hereby grants YASH a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Platform or otherwise use any such feedback, suggestions, enhancement requests or recommendations.

11. Term

The term (“Term”) of this Agreement shall begin on the date identified as the Contract Start Date on the Order Form and shall continue for the time period set forth in the Order Form, unless terminated by the parties in accordance with Section 13. Except if explicitly indicated in the Order Form, Customer’s subscription to the Platform will be automatically extended following any subscription term, for the same period of time as the initial subscription term, at the then-current rate, unless and until either party gives the other notice of non-renewal at least thirty (30) days prior to the end of the then-current Term. If Customer chooses to cancel its Subscription during the Subscription period as defined under respective Order Form, Customer may use the Platform as defined under the respective Order Form until the end of Customer’s then-current Subscription period provided Customer has paid YASH in accordance with Section 4, but without any right to a refund or credit for such remaining period of the Subscription period.

12. Termination

Either party may terminate this Agreement for a material breach of any provision by the other party if such material breach remains uncured for thirty (30) days after receipt of written notice of such breach from the non-breaching party or with immediate effect if the other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within sixty (60) days. Such termination right shall be in addition to any other rights and remedies that may be available to the non-breaching party. In the event the Agreement is terminated, all Order Forms are simultaneously terminated. Upon expiration or termination of this Agreement: (a) Customer shall immediately cease using the Platform; and (b) YASH will delete or return User Content and/or any applicable reporting data on Business Users within thirty (30) days of receiving a written request by Customer.

13. Effects of Termination 

Upon expiration or termination of this Terms or any Order Form executed pursuant to this Terms, the rights granted pursuant to Section 1 will terminate. No expiration or termination will relieve Customer’s obligation to pay all Fees that may have become due or otherwise accrued through the effective date of expiration or termination or entitle Customer to any refund. Any terms that by their nature are intended to survive termination or expiration of this Terms, including but not limited to confidentiality, indemnification, and limitation of liability, shall remain in effect until fulfilled.

YASH shall deactivate Customer’s access to the Platform following expiration or termination of Customer’s subscription period as defined under respective Order Form. YASH will make Customer materials available to Customer for export provided YASH receives written notice of any request for Customer materials prior to the expiration or termination of Customer’s subscription. After such period, and unless otherwise legally required, each party will be entitled to delete other party’s materials in their systems or under their control. Each Party will securely destroy all materials of other party upon Party’s written request following expiration or termination of Order Form within ninety (90) days of receipt of such request.

14. Suspension of Service

YASH may immediately suspend the service and remove applicable User Content if Customer and/or its Business Users have violated a law or the terms of this Agreement. YASH may try to contact Customer in advance, but it is not required to do so.

15. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 5 & 6, YASH (AND ITS LICENSORS) MAKE NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) OR STATUTORY, AS TO ANY MATTER WHATSOEVER. YASH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ON ITS BEHALF AND ON BEHALF OF ITS LICENSORS.

YASH DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR BE ERROR-FREE. CUSTOMER ACKNOWLEDGES THAT YASH IS NOT RESPONSIBLE FOR THIRD-PARTY SERVICES OR WEBSITES MADE AVAILABLE THROUGH THE PLATFORM.

YASH DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK OR ANY OTHER ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICE OR ITS USE, LOSS OF PERSONAL CONTENT ON THE SITES NOT WITHIN YASH’S REASONABLE CONTROL.

16. Intellectual Property Infringement 

If a third party claims the Platform infringes that party’s patent, copyright or other proprietary right, YASH will defend Customer against that claim at YASH’s expense and pay all costs, damages, and attorney’s fees, that a court finally awards or that are included in a settlement approved by YASH, provided that Customer: (a) promptly notifies YASH in writing of the claim; and (b) allows YASH to control, and cooperates with YASH in, the defense and any related settlement. If such a claim is made, YASH may continue to enable Customer to use the Platform or to modify it such that it becomes non-infringing. If YASH determines that these alternatives are not reasonably available, YASH may terminate the Platform without any liability to Customer upon notice to Customer and with the return of any prepaid and unused fees.

The infringement indemnity obligations in this Section 16 do not apply to the extent the infringement claim arises from (a) any technology or content not provided by YASH or otherwise identified by YASH in writing as inoperable, (b) use of the Platform other than in accordance with this Agreement and the applicable documentation, (c) the User Content, and/or (d) modification or alteration to the Platform by anyone other than YASH. This Section 16 states YASH’s sole and exclusive liability, and Customer’s sole and exclusive remedy for the actual or alleged infringement of any third-party intellectual property right by the Platform. If a third party claims that any part of the User Content infringes or violates a patent, trademark, trade secret, copyright or other intellectual property right, or there are third-party claims arising out of Customer’s breach of this Agreement, Customer will defend YASH against that claim at Customer’s expense and pay all costs, damages, and attorney’s fees, that a court finally awards or that are included in a settlement approved by Customer, provided that YASH: (a) promptly notifies Customer in writing of the claim; and (b) allows Customer to control, and cooperates with Customer in, the defense and any related settlement.

Certain features and functionalities within the Platform may allow Customer and its Business User, at Customer’s option and discretion, to interface or interact with, access and/or use compatible third-party services, products, technology and content including but not limited to extensions, plug-ins and API integrations (collectively, “Third-Party Services”). Any use by Customer of Third-Party Services is solely the responsibility of Customer and the applicable Third-Party Services provider. To the extent Customer authorizes the access or transmission of Customer Materials through a Third-Party service, the Third-Party Service’s terms will govern. In no event will YASH be responsible for any use, disclosure, modification, or deletion of such customer materials or for any act or omission on the part of such Third-Party services provider or its Third-Party services.

17. Limitations of Liability

NEITHER PARTY OR ITS AFFILIATES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, BUSINESS, OR DATA; BUSINESS INTERRUPTION; OR LOSS OF GOODWILL OR REPUTATION, REGARDLESS OF WHETHER THE PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR ANY LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

EACH PARTY AND ITS AFFILIATES’ CUMULATIVE MAXIMUM LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY YASH FROM CUSTOMER UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION). THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT CUSTOMER’S PAYMENT OBLIGATIONS.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

18. Subscriptions and Beta Releases

Customer may be provided with access to beta, trial, or proof of concept versions of the Platform or features within the Platform (collectively, the “Beta Features”). Customer acknowledges and understands that its use is at Customer’s own risk, and that Beta Features are made available on an “as is” basis without warranties of any kind, may be discontinued or modified at any time, and may be subject to other terms. Beta Features are not intended for production use, and any support and service level obligations under this Terms do not apply to Customer’s use of Beta Features. YASH will have no liability for any harm or damage arising out of or in connection with Beta Features.

Customer acknowledges that YASH may aggregate and/or de-identify Platform Metadata and use such aggregated and/or de-identified data for any purpose, including to improve the Platform and understand how the Platform is being used. “Platform Metadata” means any data that is derived from Customer’s and/or its Authorized Users’ use of the Platform, including, without limitation, any usage data, trends, statistical data and performance information, analytics, or similar information regarding the operation of the Platform, excluding Customer Materials.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YASH WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A TRIAL SUBSCRIPTION OR A BETA RELEASE.

During the Subscription Term, YASH will make the Platform available and provide Customer support as per support policy available at [www.neupac.om/support].

19. Customer materials and Data

As between Customer and YASH and to the extent permitted under applicable law, Customer (a) retains ownership of its Customer materials and (b) owns Output. YASH assigns to Customer all right, title, and interest, if any, in and to Output.

Notwithstanding anything in this Terms to the contrary, Customer grants to YASH a non-exclusive, worldwide, royalty-free and fully paid-up right and license to use, host, reproduce, display, perform publicly, and modify the Customer materials for the purpose of hosting, operating and providing the Platform and performing under this Terms. YASH will not use any Customer materials to train its models.

Customer acknowledges that: (a) due to the nature of generative AI, Output may be similar to content generated for others; (b) Customer is solely responsible for all use of the Output, including evaluating the accuracy and appropriateness of the Output; (c) neither the Platform nor any Output is intended or designed to provide medical, financial, or other professional advice or recommendations without human intervention or involvement by a qualified and/or licensed professional; and (d) Customer shall not hide or misrepresent to its Business User or customers the fact that they are interacting with an artificial intelligence system rather than a human, or misrepresent to any third party that the Output is human-generated.

YASH will implement and maintain reasonable administrative, organizational, and technical safeguards designed for the protection, confidentiality, and integrity of Customer Materials. YASH shall implement, maintain, and continually improve an information security program aligned with industry recognized security frameworks, including ISO 27001 and SOC 2 Type I or equivalent. Upon Customer’s written request, YASH shall provide the latest certification, audit summaries, or equivalent assurance reports.

20. Privacy and Security 

YASH will not disclose User Content except if compelled by law, permitted by Customer, or pursuant to the terms of YASH’s Privacy Policy. YASH will implement reasonable administrative, technical, and physical safeguards in an effort to secure its facilities and systems from unauthorized access and to secure the User Content. If any Business Users are located in the European Economic Area (“EEA”) the United Kingdom (“UK”) or Switzerland or the State of California, the parties will simultaneously enter into the Data Processing Addendum, which will be executed between the Parties and deemed incorporated by reference into this Agreement. This provision shall be read alongwith privacy policy. The link for privacy policy is provided above under Section1 and incorporated herein by reference.

Security:

Data Encryption. YASH shall ensure that:

• Customer Materials in transit are encrypted using TLS 2 or higher.
• Customer Materials at rest are encrypted using AES 256 or functionally equivalent cryptographic measures.
• All encryption keys are managed securely following industry best

Security Incident Management & Breach Notification. A “Security Incident” is any actual or suspected unauthorized access, disclosure, loss, alteration, or misuse of Customer Materials. In the event of a Security Incident:

1. YASH shall notify Customer within 24 hours of becoming aware of
2. The notice shall include:
   • Summary of the incident
   • Known or suspected impact on Customer Materials
   • Mitigation steps taken
   • Remediation plan and timeline
3. YASH shall cooperate fully with Customer in investigation, containment, and
4. YASH shall not notify regulators or individuals unless instructed by Customer, unless legally required.

Data Residency & Storage Location. Unless otherwise agreed in writing:

• Customer Materials shall be stored and processed within the geographic regions decided by YASH.
• YASH shall provide at least 30 days prior notification before changing data storage or processing locations.

Access Control & Identity Management. YASH shall maintain strict access management procedures including:

• Role based access control (RBAC)
• Principle of Least Privilege
• Multi factor authentication (MFA) for access
• Logging, monitoring, and alerting for all activities
• Quarterly review and certification of all user accounts
• Audit logs shall be retained for at least 12 months and made available upon Customer request.

Vulnerability Management & Penetration Testing in Customer Environment. YASH on Customer’s request shall:

• perform regular vulnerability scans on infrastructure, applications, and
• remedy critical vulnerabilities within 7 days and high vulnerabilities within 15
• conduct annual third-party penetration testing, providing summary findings or attestation of remediation to Customer upon

Data Subject Rights (where applicable). To the extent Customer Materials include personal data, upon request, YASH may assist Customer with the following pointers:

• Access;
• Correction;
• Erasure;
• Restriction;
• Data

YASH shall not respond to data subject requests directly unless authorized in writing by Customer. All such Customer data shall be stored and processed in Customer environment only.

Use of Customer Materials. YASH shall:

• Use Customer materials solely to provide the Platform and professional
• Not use Customer Materials to train or improve models, algorithms, or the Platform without explicit written permission.
• Not sell, rent, or disclose Customer Materials to third parties except as required by

Personnel Requirements. YASH shall ensure that:

• Employees with access to Customer Materials undergo necessary training(s).
• All such employees have undergone appropriate background verification and confidentiality obligations.

Data Retention & Secure Deletion. Upon expiration or termination:

Post termination/expiration of engagement, Customer shall securely delete all of YASH data/code/tools from its environment, within thirty (30) days, and shall immediately provide YASH with “Certificate of Secure Deletion”.

Right to Audit. Customer may, upon reasonable notice:

• Conduct audits or assessments of YASH’s security controls; or
• Review YASH’s third-party audit reports, certifications, penetration testing summaries, or compliance
• Audits shall not unreasonably impact YASH’s

21.       Open-Source Applications & Libraries Used in NEUPAC

NEUPAC operations rely on the following applications and libraries.

Sr No.	License Name	License Url
1	Apache License 2.0	https://www.apache.org/licenses/LICENSE-2.0
2.	MIT License	https://github.com/microsoft/vscode
3.	GNU Affero General Public License v3.0 (AGPLv3)	https://github.com/grafana/grafana/blob/main/LICENSE
4	Mozilla Public License 2.0	https://www.mozilla.org/en-US/MPL/2.0
5	BSD 3-Clause License	https://opensource.org/licenses/BSD-3-Clause
6	Unlicense	https://unlicense.org/
7	ISC	https://github.com/lucide-icons/lucide/blob/main/LICENSE

22. Miscellaneous 

1. Customer can white label the platform for their internal use only. White labelling is limited to a change of name and logo only.
2. YASH may include Customer’s name and logo in its online customer list and in print and electronic marketing materials subject to YASH complying with any written guidelines that Customer may provide.
3. Each Party represents that it is not named on any S. government list of prohibited or restricted parties, nor is it owned or controlled by or acting on behalf of any such parties. Customer agrees that it will not access or use the Platform in any manner that would cause any Party to violate any U.S. or international embargoes, economic sanctions, or export controls laws or regulations.
4. Each Party will carry industry-standard insurance during the term of this Terms and Order form.
5. Customer may not assign this Terms or Order Form to any third party without the prior written consent of YASH; provided that no consent is required in connection with an assignment to an affiliate or in connection with any merger, reorganization, consolidation, sale of assets or similar transaction. YASH may sublicense any or all of its obligations hereunder. For the avoidance of doubt, a third-party technology provider that provides

features or functionality in connection with a Platform shall not be deemed a sublicensee under this Terms.

1. If any provision of this Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and
2. No waiver of any provision of this Terms will be effective unless it is in writing and signed by the Party granting the waiver.
3. Nothing in this this Terms will be construed to create a partnership, joint venture, or agency relationship between the Parties, or confer any rights, benefits, remedies, obligations, or liabilities upon any third party. Neither Party will have the power to bind the other or to incur obligations on the other’s behalf without such other Party’s prior written consent. Except as expressly set forth in this Terms, the exercise by either Party of any remedy under this this Terms will be without prejudice to its other remedies under this Terms or otherwise.
4. YASH will have no liability to Customer, Customer users, or any third party for any failure by us to perform our obligations under this Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
5. All disputes arising out of or in connection with this Terms, including the construction and interpretation thereof, shall be governed by the laws of [India] without regard to conflicts of laws principles. The Parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods if otherwise applicable. Each Party agrees that claims and disputes arising out of this Terms must be decided exclusively in the court of [Maharashtra]. Each Party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.

Customer consent to receive electronically any communications from YASH. YASH may communicate with Customer through the email address specified in Customer account or by posting notices on the Platform. Customer agree that all agreements, notices, disclosures, and other communications that are provided to Customer electronically satisfy any requirement that such communications be in writing. All notices from us intended for receipt by Customer shall be deemed delivered when sent to the email address Customer provide to us. Any notices related to business communication must be sent to support@neupac.com and for other communication on legal.india@yash.com.