01-01-2026 | Version V1.0
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of zeacloud.com website and all applications hosted on various subdomains of zeacloud.com (hereinafter zeacloud.com).
This Terms of Use Agreement ("Terms") is a legally binding electronic record in terms of the Information Technology Act, 2000, and is entered into by and between ZEACLOUD SERVICES PRIVATE LIMITED, hereinafter referred to as "Zeacloud," "We," "Us," or "Our," and the entity or individual accessing or using the Website or Services, hereinafter referred to as "You" or the "User." Zeacloud provides cloud computing services, including Infrastructure as a Service (IaaS), Managed Public Cloud, and related services (collectively, the "Services").
1.1. Acceptance and Agreement.
By accessing, browsing, clicking "I Agree," checking a corresponding box, or otherwise accessing or using the Services, You represent that You have read, understood, and agree to be bound by these Terms and our Privacy Policy. If You are entering into these Terms on behalf of a company or other legal entity, You represent that You have the necessary authority to bind such entity to these Terms.
1.2. Governing Laws and Scope.
These Terms are governed by and construed in accordance with the laws of India and the State of Uttar Pradesh. This includes, without limitation, the Information Technology Act, 2000 and its relevant rules, the Digital Personal Data Protection Act, 2023 (DPDPA), and, where applicable to the Customer Data being processed or the residency of data subjects,
the EU General Data Protection Regulation (GDPR). Any legal action or proceeding shall be brought exclusively in the courts located in Noida/New Delhi, India.
1.3. Precedence.
These Terms form a general part of any subsequent Service Agreement, Order Form, or Subscription Agreement (the "Service Agreement"). In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail regarding the specific details, features, and pricing of the Services.
2.1. Account Registration and Information Accuracy.
As part of the registration process for the Services, You shall provide ZeaCloud with current, complete, and accurate information as requested by the registration form ("Registration Information"). You are responsible for maintaining and promptly updating this Registration Information to ensure it remains true, accurate, and complete at all times. ZeaCloud reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Services if any information provided is found to be untrue, inaccurate, or incomplete.
2.2. Password, Account Confidentiality, and Security.
Upon registration, You will choose a user name and password. You take total and exclusive responsibility for maintaining the confidentiality of your password and Account details. You agree not to use the account or password of another Member at any time or disclose your password to any third party. You may change your password by following the instructions provided within the system.
2.3. User Liability for Activities (IT Act, 2000 Compliance).
You are entirely responsible for any and all activities that occur under your Account, whether authorized by You or not. You acknowledge that ZeaCloud will not be liable for any loss or damage incurred in any form as a result of unauthorized usage of your Account, with or without your knowledge. However, You agree to indemnify and hold ZeaCloud harmless for losses or damages incurred by ZeaCloud or any third party as a result of your failure to comply with this clause, including unauthorized access due to negligence.
2.4. Notification of Breach.
You agree to notify ZeaCloud immediately of any unlawful or unauthorized use of your Account, any attempted breach of confidentiality, or any other security violation. Furthermore, You agree to ensure that You exit from your Account at the end of each session to prevent unauthorized access.
3.1. Privacy Policy and DPA.
Use of the Services is governed by our Privacy Policy, which is incorporated into these Terms. When ZeaCloud processes Personal Data on your behalf, such processing is governed by the separate Data Processing Agreement (DPA), which clarifies our obligations as a Data Processor/Data Fiduciary and your obligations as a Data Controller/Data Fiduciary, ensuring compliance with the DPDPA and GDPR.
3.2. Customer Data Ownership and Licensing.
You retain all right, title, and interest in and to the data You upload, process, or store using the Services ("Customer Data"). You grant ZeaCloud a worldwide, royalty-free license to use, reproduce, modify, and distribute the Customer Data solely as necessary to provide the Services to You.
3.3. Data Subject Consent and Disclosure.
You warrant that You have the requisite legal basis (e.g., consent) to collect the Personal Data and to instruct ZeaCloud to perform the agreed-upon Processing activities. By becoming a Registered User, You consent to the inclusion of your personal data in our online database and authorize ZeaCloud to share such information with other user(s), and for the purpose of marketing services through advertisement, which could be used to customize the content You see.
4.1. Pricing and Payment.
You agree to pay all fees and charges in accordance with the pricing and payment terms set forth in the applicable Service Agreement or on the Website. ZeaCloud typically operates on a pay-as-you-go model for IaaS, and prices may be subject to change upon notice.
4.2. Billing Disputes.
If You believe a charge is incorrect, You must contact us in writing within thirty (30) days of the invoice date containing the disputed charge.
4.3. Refunds.
Refunds, if any, are governed solely by the terms outlined in your specific Service Agreement and our separate Refund Policy.
5.1. General License and Restriction on Commercial Use.
Subject to the terms and conditions of this Agreement, ZeaCloud grants You a limited, revocable, non-transferable, and non-exclusive license to access and use the Services solely for your internal business operations or general information purposes, as applicable. The material and Services provided are not and should not be regarded as legal, financial, or specific business advice. You shall not make any commercial use of the Services or any information provided therein, nor shall you make use of the Services for the benefit of any third party, except as explicitly permitted by ZeaCloud in a separate written Service Agreement. Any breach of this license shall result in the immediate revocation of access without notice.
5.2. Prohibited Content and Activity (Compliance with IT Act, 2000).
You shall not upload, distribute, publish, transmit, or host any data, content, or information through the Services that is illegal or objectionable. Specifically, You agree that You will not host, display, upload, modify, publish, transmit, update, or share any information that:
5.3. Enforcement and Right of Refusal.
ZeaCloud reserves the right to refuse service, suspend or terminate accounts, and cancel orders at its sole discretion if it believes that user conduct violates these Terms, applicable laws, or is harmful to the interests of ZeaCloud . ZeaCloud may also remove or refuse to host any data that is illegal under applicable law. By using the Services, You agree not to use the Services for any commercial purpose other than those expressly permitted under these Terms of Use or a valid Service Agreement.
6.1. Zeacloud Intellectual Property.
The Website, Services, and all content, features, and functionality (including text, graphics, logos, trademarks, and software) are and will remain the exclusive property of Zeacloud Services Private Limited and its licensors. Your use grants You a limited, non-exclusive, non-transferable license to use the Services solely for your internal business operations.
6.2. User Content Responsibility.
The ownership of any content (data, text, files, images, messages, etc.) that You or developers provide to Zeacloud is the sole responsibility of the person from which such content originated. You represent and warrant that your uploading of any Content to the Services does not violate the intellectual property rights or contract rights of any person.
7.1. Disclaimer of Warranties.
The Services and Website are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable Indian law, ZeaCloud expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ZeaCloud makes no warranty that the Services will be uninterrupted, timely, secure, or error-free.
7.2. Limitation of Liability.
In no event shall ZeaCloud, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages including without limitation loss of profits, data, use, goodwill, or other intangible losses. ZeaCloud's total liability to You for any claim arising out of or relating to these Terms or your Service Agreement shall not exceed the total amount paid by You to ZeaCloud for the Services in the six (6) months preceding the event giving rise to the liability.
8.1. Third-Party Websites and Services.
The Services or Website may contain links or connections to third-party websites or services ("Linked Sites" or "Partner Sites"). These Linked Sites are not under the control of ZeaCloud. ZeaCloud is not responsible for the content, security practices, privacy policies, products, or services of any Linked Site. The inclusion of any link does not imply endorsement by ZeaCloud of the site or any association with its operators.
8.2. User Responsibility.
You acknowledge and agree that ZeaCloud is not responsible or liable for any damage or loss caused by the use of any content, goods, or services available through Linked Sites. You are responsible for reviewing and complying with the privacy policies and terms of use of such third-party websites.
9.1. Placement and Responsibility.
If Zeacloud permits advertising on its Website or within its Services (subject to a separate agreement), the advertiser shall be solely responsible for soliciting and placing all advertisements ("Ads"). As between the Advertiser and Zeacloud, the Advertiser shall be solely responsible for all content, legality, and accuracy of the Ads placed through the Network and for responding to any inquiries or disputes in connection therewith.
9.2. Intellectual Property and Liability.
All copyright, database rights, trademarks, and design rights in the Zeacloud site and the material published on it belong exclusively to Zeacloud. Advertisers are expressly prohibited from using Zeacloud's intellectual property without the prior written permission of Zeacloud. Furthermore, the Advertiser shall be solely responsible if any kind of loss, damage, or claim occurs to a User of the Website or Services as a result of the Advertiser’s content or conduct.
10.1. Indemnification.
You agree to defend, indemnify, and hold harmless Zeacloud and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt (including but not limited to attorney's fees) arising from:
10.2. Termination by ZeaCloud.
We may terminate or suspend your Account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or the related Service Agreement. Upon termination, your right to use the Services will immediately cease.
10.3. Survival.
All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
No right may be assigned, and no duty may be delegated, by either You or Zeacloud under this Agreement except upon the prior written consent of the other party, and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, Zeacloud shall be fully entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger, corporate reorganization, or otherwise, without obtaining your prior written consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors, and permitted assigns except as otherwise provided herein.
All formal legal notices or demands to Zeacloud shall be effective only if in writing and shall be duly made when sent via courier, certified mail, or recognized overnight delivery service to Zeacloud's Registered Office Address:
ZEACLOUD SERVICES PRIVATE LIMITEDRegistered Office: D-147, Okhla Industrial Area, Phase-1, New Delhi 110020, India.
All notices or demands to You, the User, shall be effective if either delivered personally, sent by courier, certified mail, or email to the last-known correspondence, fax, or email address provided by You in your Account Registration Information, or by posting such notice or demand on an area of the Website that is publicly accessible without charge. Notice to a User shall be deemed to be received immediately upon successful electronic transmission, or upon Zeacloud's posting such notice on the publicly accessible area of the Website.
Furthermore, in accordance with the Information Technology Act, 2000 and the Intermediaries Guidelines Rules made thereunder, Zeacloud has designated a Grievance Officer to address user complaints and concerns. Any User who has a grievance concerning the content or services must submit their complaint to the Grievance Officer.
Grievance Officer Contact Details:
Zeacloud undertakes to acknowledge the complaint within twenty-four (24) hours and resolve the same within a period of fifteen (15) days from the date of receipt of the complaint, in strict compliance with the relevant laws.
13.1. Changes to Terms of Use.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You are responsible for regularly reviewing these terms of use including changes/modifications if any incorporated by us from time to time. Your continued use of 'The Service' constitutes your Agreement to all such terms, conditions and notices.
13.2. Governing Law and Jurisdiction.
These Terms shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the courts located in Noida/New Delhi, India.
13.3. Severability and Waiver.
If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Failure to enforce any right or to act with respect to any breach by a User(s) under these terms and conditions will not waive that right.
13.4. Statute of Limitations.
You agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
13.5. Contact Information.
If you have any questions about these Terms, please contact us at: compliance@zeacloud.com