Terms of Service

Terms of Service

These terms govern your use of the LaikaTest platform and services. Please read them carefully to understand your rights and responsibilities.

Effective Date: Aug 17, 2025

1. Agreement to Terms

By accessing or using Foreclose AI Platform, you agree to these Terms and any Order Form, SLA, or DPA referenced herein. If you are entering into this Agreement on behalf of an organization, you represent you have authority to bind that organization.

2. Accounts & Access

• Customer is responsible for user accounts, roles, SSO settings, and safeguarding credentials.

• Customer will ensure Users comply with these Terms and is responsible for activities under its accounts.

3. Customer Data & License to Process

Ownership: As between the parties, Customer owns all Customer Data.
License: Customer grants us a non-exclusive license to host, process, transmit, and display Customer Data to provide the Service and related support, security, backups, and improvements strictly for Customer's benefit.
AI/Training: We will not use Customer Data to train models except as expressly permitted by Customer in writing or via a product control.

4. Our Intellectual Property

We and our licensors own the Service, software, documentation, and brand. No rights are granted except as expressly stated.

5. Acceptable Use

You will not:

• (a) reverse engineer, decompile, or create derivative works of the Service

• (b) probe or breach security

• (c) use the Service to store or transmit unlawful content

• (d) exceed plan limits or circumvent usage caps

• (e) resell or provide the Service to third parties except as permitted

• (f) benchmark or publish performance tests without consent (unless legally permitted)

6. Third-Party Services & Subprocessors

Integrations with third-party services (e.g., cloud hosting, email, analytics) are subject to their terms. We are not responsible for third-party services you enable. Current subprocessors: Check subprocessors page in the footer.

7. Fees & Payment

Fees are as stated in the Order Form or plan page and are billed in advance for the applicable term (monthly or annual). Unless otherwise specified: fees are non-cancellable and non-refundable, except where required by law; taxes are your responsibility (other than our income taxes). Subscriptions auto‑renew by default; you may disable auto‑renew at any time, effective at the end of the then‑current term. We may change prices for new purchases at any time; for existing subscriptions we will provide at least 30 days' notice and the change will take effect on renewal. We may suspend the Service for non‑payment after reasonable notice and a 14‑day cure period.

8. Confidentiality

Each party will protect the other's Confidential Information using industry-standard safeguards and will use it only to perform under these Terms.

9. Warranties & Disclaimers

We warrant we will provide the Service in a professional manner and materially in accordance with documentation. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

10. Indemnities

By Us: we will defend Customer against third-party claims alleging the Service infringes IP rights, and pay damages finally awarded or settled, subject to exclusions (e.g., combinations, Customer modifications, non-current versions).
By Customer: you will defend us against claims arising from Customer Data or your use of the Service in violation of law or these Terms.

11. Limitation of Liability

To the maximum extent permitted by law: (a) neither party will be liable for indirect, incidental, special, consequential, or punitive damages; (b) each party's total liability arising out of or related to the Agreement will not exceed the amounts paid or payable by Customer to us in the 12 months preceding the claim. These limits do not apply to (i) willful misconduct, (ii) misuse or unauthorized disclosure of Customer Data in breach of Section 3, or (iii) each party's indemnity obligations for third‑party IP infringement.

12. Term; Suspension; Termination

Terms start on the Effective Date and continue for the subscription term. Either party may terminate for material breach not cured within 30 days of written notice. We may suspend access for (i) security risk, (ii) non‑payment, or (iii) violation of Acceptable Use. Either party may terminate at the end of any term by disabling auto‑renew.

13. Data Export & Deletion

During the term and for 30 days after termination, Customer may request an export of Customer Data via available tools or by contacting support. Until self‑serve export is generally available, we will provide reasonable assistance. After this window, we will delete Customer Data from active systems within 30 days, and from backups within 90 days, subject to legal holds.

14. Publicity; Feedback

We may use Customer's name and logo in a standard customer list, subject to your reasonable brand guidelines, unless you opt out in writing. Feedback may be used to improve the Service without restriction.

15. Beta/Preview Features

Beta features are provided "as is," may change, and are excluded from SLAs and warranties.

16. Compliance; Export; Anti-Corruption

Each party will comply with applicable laws, including sanctions/export rules and anti‑bribery laws. You will not use the Service where prohibited by law.

17. Governing Law; Dispute Resolution

These Terms are governed by the laws of India. The courts of New Delhi, India will have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction for actual or threatened misuse of IP or Confidential Information.

18. Updates to Terms

We may update these Terms. If changes are material, we will provide notice. Continued use after the effective date constitutes acceptance.

19. Order of Precedence

If there is a conflict among these Terms, an Order Form, a DPA, or an SLA, the following order applies: Order Form → DPA → SLA → these Terms, unless otherwise stated.

20. Miscellaneous

Assignment, force majeure, severability, waiver, notices (including electronic notices), and entire agreement clauses apply customary to SaaS.

Data Processing Addendum (DPA) - Short-Form

Role of Parties

For Customer Data, Customer is the Controller (or "Data Fiduciary" under DPDP) and Foreclose AI Pvt Ltd is the Processor (or "Data Processor").

Instructions & Processing

Instructions: We will process Customer Data only on documented instructions from Customer, including via the Agreement and Customer's configuration of the Service.

Confidentiality: Personnel are bound by confidentiality obligations.

Security & Compliance

Security: We implement appropriate technical and organizational measures. Summary: encryption in transit/at rest; access controls; network segmentation; logging/monitoring; backups; incident response.

Subprocessors: We may engage subprocessors listed at /subprocessors. Customer may subscribe to updates. We remain responsible for subprocessors' obligations.

International Transfers: Where applicable, Parties implement SCCs (and UK Addendum) or alternative transfer mechanisms.

Data Subject Rights & Breach Response

Assistance: We will assist Customer with data subject requests and DPIAs as reasonably necessary.

Breach Notification: Without undue delay after becoming aware of a Personal Data Breach, we will notify Customer and provide details.

Return/Deletion: Upon termination or on request, we will delete or return Customer Data as described in the Terms, subject to legal holds and backups.

Audits & Duration

Audits: Upon reasonable notice, we will make available audit reports/certifications (e.g., SOC 2/ISO 27001 if available) and, if insufficient, allow audits under confidentiality and at Customer's cost.

Duration: This DPA terminates automatically with the Agreement, except sections that by nature survive.

ANNEX 1 — Security Measures (Baseline)

Identity & Access: least‑privilege access; MFA for internal admin accounts on our roadmap; quarterly access reviews.
Data Protection: TLS 1.2+ in transit; AES‑256 at rest; key management via AWS KMS; environment & secret management controls.
AppSec: secure SDLC with code review; dependency scanning; planned rollout of SAST/DAST and periodic pen testing.
Infrastructure: AWS hardened baselines; network isolation; backups with periodic restore tests.
Logging & Monitoring: centralized logging (e.g., CloudWatch), anomaly detection, incident response runbooks, on‑call.
Business Continuity: commercially reasonable recovery point and recovery time objectives proportionate to system criticality.

Questions About These Terms?

If you have any questions about these Terms of Service or need clarification on any provisions, please contact our legal team.