Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and FlareSens Technologies (“FlareSens,” “we,” “us,” or “our”), a company registered in Gurugram, Haryana, India. These Terms govern your access to and use of the FlareSens website, IoT fire safety monitoring platform, hardware devices, software, and related services (collectively, the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

1. Definitions

• “Platform” refers to the FlareSens cloud-based fire safety monitoring dashboard, APIs, and associated software applications.
• “Devices” refers to FlareSens Edge hardware, gateways, sensors, and any other IoT equipment provided or sold by FlareSens.
• “Customer Data” refers to all data uploaded, transmitted, or generated through your use of the Services, including sensor telemetry, alarm events, and configuration data.
• “Subscription Plan” refers to the specific service tier and pricing arrangement selected by you as detailed in your order form or the pricing page on our website.

2. Account Registration and Eligibility

To use the Services, you must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised access.

You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. For business accounts, you represent that you are duly authorised to act on behalf of the entity.

3. Services

FlareSens provides an OEM-independent IoT platform for real-time fire safety monitoring, compliance management, and incident response coordination. Our Services may include:

• Real-time monitoring of fire alarm panels, smoke detectors, sprinkler systems, and other fire safety equipment via FlareSens Edge devices
• Cloud-based dashboards for centralised monitoring, analytics, and reporting
• Automated compliance reporting and audit trail generation
• Alert and notification services via SMS, email, WhatsApp, and in-app channels
• Incident management and War Room coordination tools
• API access for integration with third-party building management systems
• On-site installation, commissioning, and technical support

The specific features available to you depend on your Subscription Plan. We reserve the right to modify, update, or discontinue any feature with reasonable prior notice.

4. Subscription, Fees, and Payment

4.1 Subscription Plans

Access to the Platform is provided on a subscription basis. The scope of services, pricing, and billing cycle are specified in your selected Subscription Plan or as agreed in a separate order form or statement of work.

4.2 Fees and Taxes

All fees are quoted in Indian Rupees (INR) unless otherwise specified. Fees are exclusive of Goods and Services Tax (GST) and other applicable taxes, which will be charged in addition at the prevailing rates. You are responsible for all taxes associated with your use of the Services.

4.3 Payment Terms

Invoices are payable within 30 days of the invoice date unless otherwise agreed. We reserve the right to suspend access to the Services if payment is overdue by more than 15 days. Late payments may attract interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

4.4 Refunds

Hardware purchases are subject to our return and refund policy communicated at the time of purchase. Subscription fees are non-refundable except where required by applicable law or as expressly stated in your order form.

5. Customer Data and Data Ownership

You retain all ownership rights in your Customer Data. By using the Services, you grant FlareSens a limited, non-exclusive licence to process, store, and transmit your Customer Data solely for the purpose of providing and improving the Services.

We may use anonymised and aggregated data derived from your usage of the Services for analytics, benchmarking, and product improvement purposes, provided such data does not identify you or any individual.

Upon termination of your subscription, you may request export of your Customer Data within 30 days. After this period, we may delete your data in accordance with our data retention policies and applicable law.

6. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable Indian or international laws
• Attempt to gain unauthorised access to the Platform, other accounts, or underlying infrastructure
• Reverse-engineer, decompile, or disassemble any aspect of the Platform or Devices
• Interfere with or disrupt the integrity or performance of the Services
• Resell, sublicence, or redistribute access to the Services without our prior written consent
• Tamper with, modify, or disable any FlareSens Device in a manner not authorised by us
• Upload or transmit malicious code, viruses, or harmful data through the Platform
• Use the Services to generate false fire alarms or misleading safety reports

Violation of these terms may result in immediate suspension or termination of your account.

7. Intellectual Property

All intellectual property rights in the Platform, Devices, software, documentation, trademarks, logos, and other materials provided by FlareSens remain the exclusive property of FlareSens Technologies. Nothing in these Terms grants you any ownership rights in our intellectual property.

The FlareSens name, logo, and all related product names, service names, design marks, and slogans are trademarks of FlareSens Technologies. You may not use any of these marks without our prior written permission.

We welcome feedback and suggestions regarding our Services. Any feedback you provide becomes our property, and we may use it without restriction or compensation.

8. Service Availability and Support

We strive to maintain high availability of the Platform but do not guarantee uninterrupted or error-free service. Scheduled maintenance windows will be communicated in advance where practicable.

Technical support is available as specified in your Subscription Plan. Critical fire-safety alerts and escalations are prioritised regardless of plan tier. Specific service level commitments, if applicable, will be set out in a separate Service Level Agreement (SLA).

9. Third-Party Services and Integrations

The Services may integrate with or rely on third-party services, including cloud infrastructure, communication providers, and building management systems. We are not responsible for the availability, accuracy, or performance of third-party services. Your use of third-party services is subject to their respective terms and conditions.

10. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FlareSens does not warrant that the Services will meet all your requirements, operate without interruption, or be entirely free of defects. While our platform monitors fire safety systems, it does not replace the need for properly maintained fire safety equipment, trained personnel, and adherence to applicable fire safety codes and standards.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• FlareSens shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business, or goodwill, arising out of or related to these Terms or the Services.
• Our total aggregate liability for any claims arising under or in connection with these Terms shall not exceed the total fees paid by you to FlareSens during the 12 months immediately preceding the event giving rise to the claim.
• FlareSens is not liable for any loss, injury, or damage arising from fire incidents, equipment malfunction, or failure of third-party fire safety systems, even if monitored through the Platform.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Indian law.

12. Indemnification

You agree to indemnify, defend, and hold harmless FlareSens, its directors, officers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any third-party claims arising from your Customer Data

13. Term and Termination

These Terms are effective from the date you first access or use the Services and continue until terminated. Either party may terminate the subscription:

• By providing 30 days' written notice before the end of the current billing period
• Immediately, if the other party materially breaches these Terms and fails to cure such breach within 15 days of receiving written notice
• Immediately, if the other party becomes insolvent, files for bankruptcy, or ceases business operations

Upon termination, your access to the Platform will be revoked. Sections relating to intellectual property, limitation of liability, indemnification, governing law, and any accrued payment obligations shall survive termination.

14. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the Services, including technical data, business plans, pricing, and customer information. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

15. Force Majeure

Neither party shall be liable for delays or failure to perform obligations under these Terms due to events beyond its reasonable control, including natural disasters, pandemics, government actions, power failures, internet outages, cyberattacks, or civil unrest. The affected party must promptly notify the other party and make reasonable efforts to mitigate the impact.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Gurugram, Haryana, India.

Before initiating legal proceedings, the parties agree to attempt resolution through good-faith negotiation for a period of 30 days. If unresolved, either party may initiate arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Gurugram, Haryana. The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties, and the proceedings shall be in English.

17. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and FlareSens regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. FlareSens may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices: All legal notices must be sent in writing to the contact addresses specified in these Terms.

18. Changes to These Terms

We reserve the right to update these Terms at any time. We will notify you of material changes at least 30 days before they take effect via email or in-platform notification. Your continued use of the Services after the updated Terms take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must discontinue use of the Services before the effective date.

19. Contact Us

For questions or concerns about these Terms, please contact us: