PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY CHOOSING TO TAKE ANY STEP TO SIGN UP, SET-UP, SUBSCRIBE OR USE ALL OR ANY PORTION OF NXTGEN CLOUD TECHNOLOGIES PRIVATE LIMITED (PREVIOUSLY KNOWN AS NXTGEN DATA CENTER AND TECHNOLOGIES PRIVATE LIMITED) (“NXTGEN”) PRODUCT ‘SpeedCloud’ (“Platform”), OR USING NXTGEN’S SERVICES IN CONNECTION WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO (A) ACCESS TO RESOURCES THROUGH OR ON NXTGEN’S NETWORK AND/OR ANY OTHER NETWORKS ON THE PLATFORM; (B) CONTROL AND ACCESS OF NXTGEN SERVICES AND UNDERLYING TECHNOLOGIES FOR MANAGEMENT OF AUTOMATED DEPLOYMENT SERVICES/ MODULES, COMPONENTS AND BUNDLES  THEREOF VIA A SELF-SERVICE DASHBOARD (“SERVICES”),YOU (“LICENSEE/ YOU”) ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU, SIGN UP, SET-UP, SUBSCRIBE OR USE THE PLATFORM OR ITS SERVICES, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS EULA LEGALLY. IF YOU ARE USING THE SERVICES ON BEHALF ON ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORISED TO ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS EULA ON SUCH ENTITY’S BEHALF AND THAT SUCH ENTITY AGREES TO BE BOUND BY THIS EULA AND AGREES TO INDEMNIFY NXTGEN FOR ANY VIOLATION OF THIS EULA. BY AGREEING TO THIS EULA, YOU ALSO AGREE TO THE PRIVACY POLICY AND/OR SUCH OTHER TERMS AND POLICIES AS MAY BE INTRODUCED BY NXTGEN FROM TIME TO TIME.

YOU ARE REQUIRED TO REVIEW THIS EULA THOROUGHLY AND ACCEPT THE SAME BY CLICKING THE BUTTON BELOW, PRIOR TO USING THE PLATFORM AND ITS SERVICES. IN CASE YOU FIND ANY ERROR IN THIS EULA, YOU MAY COMMUNICATE THE SAME TO NXTGEN IN WRITING AT THE ADDRESS PROVIDED IN CLAUSE 21 OF THIS EULA. IF ANY TERM OF THE EULA IS NOT ACCEPTABLE TO YOU, PLEASE CEASE FROM SUBSCRIBING AND CONSUMING OR USING THE NXTGEN SERVICES FORTHWITH. YOUR CONTINUED USE OF THE NXTGEN SERVICES SHALL BE DEEMED TO BE AN ACCEPTANCE BY YOU OF THE TERMS OF THIS EULA.

THIS EULA MAY BE UPDATED BY NXTGEN FROM TIME TO TIME. ONCE THIS EULA IS AMENDED OR UPDATED, NXTGEN WILL RELEASE THE UPDATED TERMS OF THE EULA IN THE USER DASHBOARD (“Dashboard”) OR ON NXTGEN’S/ PLATFORM’S HOME PAGE AT https://speedcloud.nxtgen.com/ , RESPECTIVELY. ONCE THE UPDATED/ AMENDED TERMS OF THE EULA ARE RELEASED IN THE MANNER STATED HEREIN, THE UPDATED TERMS WILL EFFECTIVELY SUBSTITUTE THE ORIGINAL TERMS OF THE EULA CONSEQUENTLY. YOU MAY LOGIN INTO THE PLATFORM OR VISIT THE WEBSITE TO REVIEW THE LATEST VERSION OF THE TERMS OF THIS EULA AT ANY TIME.

This EULA is important because it:

1.1The use of the Services requires one or more compatible Devices, software’s and Internet access/connectivity (third-party fees may apply), and certain software (third-party fees may apply), and may require you to upkeep updates or upgrades from time to time. Since use of the Services involves hardware, software and Internet access, the Licensee’s ability to access and use the Services may be affected by the performance of these external factors. The Licensee acknowledges and agrees that such system requirements and prerequisites, which may change from time to time, are the Licensee’s/ end users’ sole responsibility.

The Licensee understands that the Platform and all of its Services (except those parts which are open source) are the sole and exclusive property of NXTGEN and are protected by the Indian and international copyright, trademark and other applicable laws. NXTGEN owns and has the license to use the Platform, and the Services, including without limitation, all intellectual property rights protected therein such as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happen to be registered. However, any third-party software or third-party services introduced on the Platform by the Licensee or made available by NXTGEN are made available under the relevant third-party software license terms which will be applicable to the Licensee (in accordance with Clause 10) in case of the Licensee’s use of such software or services.

5.1.  To get started with using the Services offered on the Platform, the Licensee is required to create an account on the Platform, by accessing the ‘Sign Up’ section on the following web page: https://speedcloud.nxtgen.com/ and manually creating an account using his/ her email address and/or phone number; (“Account”). The Platform may employ additional verification steps to ensure that the Licensee is a verified user, and in such a case, the Licensee shall be obligated to complete such additional verification steps for full/ continued access to the Platform.

5.2. On successfully signing-up, the subscription page of the Platform will be displayed, wherein the Licensee can select the resources (such as storage, random-access-memory (RAM), processor, cloud service package, etc.) (“Resources”) for subscription. The Licensee will have an option to select the Resources he/ she requires and create a custom package of Resources/Services in line with his/ her requirements. Each Resource/Services shall have its own cost, as determined by NxtGen and displayed on the website.  

5.3.  The Platform will provide the following common Services to its Licensee: (a) self-service manageability, (b) click to deploy-speed, (c) open-source ecosystem, (d) high price-to-performance ratio, (e) cloud billing and payment system, and (f) underlying technologies.  

5.4.  In addition, the Platform will provide the following specific services to the Licensee, based on the subscription of Services selected by the Licensee:  

5.4.1  For developers: (a) seamless connectivity between services and simplified deployment through JUJU charms, (b) pre-integrated micro-services based advanced bundles across AI/ ML/ IOT/ NFV/ media, (c) DevOps ready environments with distributed databases, app messaging and other developer productivity modules, (d) container management modules, (e) big data management modules, and (f) security and access management modules.  

5.4.2 For enterprises: (a) service orchestration via self-service, (b) quick time to market with unbelievable pricing across services, (c) provision to build standalone or private cloud instances on OpenStack/third party software, (d) pre-integrated micro-services based advanced bundles across AI/ ML/ IOT/ NFV/ media/ technologies thereof, (e) security and access management modules, and (f) seamless connectivity between services and simplified deployment through automation.  

5.4.3  Cloud services: The Licensee will have an option of choosing:  

(a) Single Instance Cloud Services: Subscribing to a ‘single-instances cloud service’ package will enable the user to manage components such as but not limited to guest OS templates, public IP, backup & SSL/cert manager, resource utilization view and add-on block/ object storage.

(b) Private Cloud Services: Subscribing to a ‘private cloud service’ package will enable the user to have access to features provided in the ‘single-instances cloud service’ and in addition, will add access to manage other controllers specific to multi-instance deployments such as LBaaS, HA Proxy, DNS, etc.

All these Services can be managed by the Licensee (in its capacity as a user) through the Dashboard.

5.5. To manually create an Account, the Licensee may provide the following true and correct information (collectively, “Account Information”):  

6.1Individuals as well as organisations/ entities can register themselves on the Platform and create an Account without making any payment, however, their access to the Platform will be restricted only to the Dashboard of the Platform and no Services will become active until the Licensee duly subscribes and remits the payment for usage of the Services on the Platform’s website. Upon registering the account, the Licensee can select the Resources they wish to utilize and then make an advance payment towards a monthly/ quarterly/ bi-annual or annual subscription of Services/ Resources offered through the Platform. The Licensee will be responsible for all applicable fees and charges incurred, including applicable taxes

6.2The Licensee acknowledges and accepts that the Platform is only a self-service cloud platform which combines the automated tasks in the cloud into a workflow to deliver the Services. The Platform is powered by OpenStack/third-party software, a cloud operating system that controls large pools of compute, storage and networking resources through multiple bare-metal servers, all managed and provisioned through Application Programming Interfaces (APIs) with common authentication mechanisms. With respect to such software’s technologies deployed on the Platform, with their respective licenses e.g., Terms of Service GNU General Public License, Creative Common License, etc. shall apply to the Licensee and the Licensee hereby acknowledges and agrees that it shall comply with the same. Notwithstanding anything contained in this EULA, in no event shall NXTGEN be responsible or held liable in any manner for any incident, transaction, or occurrence of an event of any nature, that occurs between the Licensee and any external entity integrated/ deployed by the Licensee on the Platform including any monetary transactions of any nature.  

6.3The Licensee can cancel its subscription to the Platform at any time via the Dashboard. Such cancellation will become effective 30 (thirty) days from the date of cancellation received and accepted. Please note that cancellation of the subscription by such Licensee has no bearing on an active subscription for which such Licensee has already been charged. Upon cancellation, the Licensee will continue to have access to the Services (subject to this EULA), until the end of the month for which the Licensee has already been charged.  

7.1sell, assign, sub-license, disclose or otherwise transfer or make available the Platform, in whole or in part, to any third party;

7.2access the Platform from any proxy source other than the official website/ weblink authorized by NXTGEN;

7.3impersonate or attempt to impersonate any person or entity;

7.4use the Services offered by the Platform to promote competing services;

7.5use the Platform to provide services to third parties, except in accordance with the terms of this EULA and the privacy policy (available at: https://nxtgen.com/privacy-policy );

7.6implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Platform (and all the intellectual property rights thereto) for the purpose of profit-making;

7.7copy, alter, amend, run by mount or create any derivative work based on the Platform or any part or component thereof. For avoidance of doubt, the forms of restricted use include, but are not limited to, the creation of plug-ins, add-on programs or any unauthorized third-party tools/ services that access or try to access the Platform or its source code and other co-relative systems;

7.8remove, delete or alter any proprietary notices or marks (including without limitation, the copyright statements) on the Platform;

7.9re-engineer, de-compile, disassemble, alter, translate, access or reverse-engineer the Platform (or its source code, except that part which is open-source which is governed under GNU/CC) or any part or component thereof;

7.10use any technology or automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data stored on the Platform;

7.11use the Platform to take any action to threaten the security of the network, server, any other account on the Platform, without permission; attempting, without permission, to detect, scan or test the weakness of the Platform or its network system;

7.12introduce or attempt to introduce any virus, trojan, bug, bots, worms or any other malicious program on the Platform;

7.13use the Platform to deliver, publish, transmit or store any content that contravenes the laws of any country, or threatens the national security or social stability of any country;

7.14publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene (including pornographic content), violent or is against the laws of any country;

7.15use the Platform to publish, deliver, transmit or store any content that infringes the intellectual property rights, trade secrets or other legal rights of any third party;

7.16sell, lend, spread or sub-license the Platform and/ or its Services or gain profits from using the Platform and/or its Services;

7.17use the Platform and its Services in any other illegal manner, for any illegal purpose or in any form which is in contravention of the terms of this EULA.

8.1If the Licensee breaches any of the terms contained in this EULA or the privacy policy, NXTGEN, at its sole and absolute discretion, can immediately terminate, suspend in part or whole, or restrict the Licensee’s right to use the Platform and its Services without any notice.

8.2Once the license is terminated or suspended, the Licensee may not be entitled to continue to use the Services and/or account credentials.

8.3Any suspension or termination will not affect the Licensee’s obligations towards NXTGEN under this EULA, which by their nature are intended to survive such suspension or termination.

8.4Any suspension or termination shall not entitle the Licensee to claim refund of any payments made towards subscription of Services offered on the Platform in accordance with clause 6.1 above.

9.1NXTGEN reserves the right to unilaterally change or restrict the functional aspects of the Platform pursuant to directions from any governmental authority or in the course of compliance with applicable laws and NXTGEN takes no responsibility whatsoever in respect of any direct or indirect damages or losses suffered by the Licensee as a result of such change or restriction on the Platform.

9.2In order for NXTGEN to provide the Platform to the Licensee, NXTGEN may require virtual access rights to and/or use of the Licensee’s Device that the Licensee uses to access the Platform. For example, use of the Device’s processor, location and storage to provide certain interactive functions within the Platform.

9.3The Licensee agrees to give NXTGEN limited access to and use of the Licensee’s Device and the Licensee acknowledges that if it does not provide NXTGEN with such right of use or access, the Licensee may not be able to enjoy all the Services offered on the Platform.

9.4NXTGEN is not responsible for any third-party charges that the Licensee incurs (including any charges from the internet service providers) in relation to the use of the Platform (or its Services) by the Licensee.

10.1The Services offered by the Platform have not been integrated with or otherwise interact with any third-party applications, websites, micro-applications and services, to make the Services available to the Licensee. However, the Licensee may choose to integrate or otherwise invite any third-party applications, websites, micro-applications and/or services from his end to interact with the Platform, for the Licensee’s personal use, on its own accord and assuming full sole liability for any such interactions. These third-party applications or micro-applications may have their own terms and conditions of use and privacy policies and the Licensee’s use of these third-party applications on the Platform will be governed by and subject to such terms and conditions and privacy policies. NXTGEN is not responsible for and does not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed on the Platform (or the website), including content provided by users of the Platform or by our advertisers or by the micro-applications deployed and integrated on the Platform by the Licensee. Any reliance on or use of any content/ micro-application on the Platform by the Licensee is at the Licensee’s own sole risk and NXTGEN shall not be responsible for any claims/ liabilities arising out of such use in any manner whatsoever.

10.2NXTGEN does not guarantee the quality, reliability or suitability of any third-party services, services, programs or websites that are linked to the Platform by the Licensee and NXTGEN will not bear any responsibility for the Licensee’s use of or relationship with any such third party services, including any payment obligations or fees that the Licensee may incur by use of such third party services or their websites.

11.1For purposes of this EULA, (a) “NXTGEN Content” means the Services, and all information and/ or content that you see, hear or otherwise experience on the Platform including but not limited to text, graphics, images, music, software, audio, video, stills, works of authorship of any kind, and digital assets/information or other materials that are posted, transmitted, displayed, generated or otherwise made available through the Platform; and (b) “User Content” means any content that the Licensee makes available, deploys, creates or uses on the Platform, however, it does not include Account Information.

11.2NXTGEN does not claim ownership rights in any User Content that the Licensee develops, deploys, creates or makes available through the use of the Platform. The Licensee acknowledges that NXTGEN will not commercially use any User Content made available, developed, created, deployed, stored or researched by the Licensee on the Platform, without prior permission from the Licensee.

11.3NXTGEN does not have access and/ or does not review the User Content uploaded, developed, deployed, created or stored by the Licensee and such User Content is considered to be confidential information. Therefore, NXTGEN is not responsible for the User Content and does not endorse anything contained in such User Content. NXTGEN makes no warranties or representations, express or implied, about the User Content, including as to its legality or accuracy.

11.4NXTGEN grants the Licensee a personal, non-exclusive, non-transferable, revocable and limited license as mentioned in clause 3.1 above. The Services made available through the Platform are not sold or transferred to the Licensee and NXTGEN and its licensors (if any) retain ownership of the Platform, software applications, data, content, visuals, stills, etc. regardless of the Licensee’s access of the Platform from any of the following: Licensee’s personal computer, mobile handsets, tablets, wearable devices, smart speakers, IoT devices, smart-home hubs and/or other devices (“Devices”). The Licensee will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transform, stream, broadcast or otherwise exploit NXTGEN’s Content, except as expressly permitted in this EULA, without NXTGEN’s express prior written consent. No license or rights are granted to the Licensee by implication or otherwise under any intellectual property rights owned or controlled by NXTGEN or its licensors, except for the licenses and rights expressly granted in this EULA.

12.1Occasionally there may be information on the Platform that contain errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform or on any related website is inaccurate at any time without prior notice.

12.2We undertake no obligation to update, amend or clarify information on the Platform or on any related website except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information on the Platform or on any related website has been modified or updated.

12.3NXTGEN’s Platform will support agreed service levels at all times. However, there may be occasions when the Services on the Platform are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment, hardware and software that are beyond NXTGEN’s control, that may further result in loss of certain or all content, features, and functionalities in part or full. In such an event, the Licensee acknowledges and agrees that it shall not hold NXTGEN and/or its Platform responsible for such interruption.

13.1The Licensee expressly agrees that use of the Platform (including its Services) thereon is at its sole risk. The Platform and its Services are provided on an “as is” and “as available” basis. NXTGEN expressly disclaims any and all liabilities, warranties, representations, conditions, or indemnities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration.

13.2NXTGEN and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Platform or that the Platform and its Services will be error free or that any errors will be corrected. No advice or information provided to you by NXTGEN will create any liability or warranty that is not expressly stated in this EULA.

13.3NXTGEN makes no representations concerning, and does not guarantee, the accuracy of the Services offered on the Platform, including but not limited to, any information provided through the Platform or their applicability to the Licensee’s individual circumstances.

13.4The Licensee acknowledges and agrees that the Platform is only a self-service cloud operating system that provides large pools of Resources to the Licensee for its use.

(a) comply with any and all applicable laws and/ or such other rules and guidelines as may be applicable to the Licensee;
(b) comply with all of the Licensee’s wireless carrier’s/ data provider’s terms and conditions;
(c) not breach any of the terms set forth in this EULA;
(d) verify and affirm the accuracy and truthfulness of all the information the Licensee provides to NXTGEN; and
(e) not upload any information on the Platform that will infringe any third party rights, including without limitation, intellectual property rights and rights of privacy or publicity.

(a) NXTGEN and/or its affiliates (including their directors, officers and/or employees) accept no responsibility for any legal or financial events or outcomes arising out of the use of the Platform;
(b) The Services offered on the Platform are for personal or commercial use.
(c) The Licensee will use the Platform and its Services in a manner consistent with any and all applicable laws and regulations; and
(d) The Licensee will not falsify its identity or misrepresent itself or any other user or any third party, in any way, on the Platform.

14.3The Licensee understands that the failure to comply with the foregoing provisions or the restrictions contained in clause 7 (Restrictions) may result in immediate suspension or termination of the Licensee’s right to use the Platform. NXTGEN reserves the right, at its sole discretion and in all instances, to determine whether the Licensee has or has not complied with any provision of this EULA.

(a) Licensee’s access to and use of the Platform;
(b) Licensee’s violation of any of the provisions of this EULA;
(c) Licensee’s violation of any rules, regulations, acts or laws that are in force or that may come into force from time to time;
(d) any activity related to Licensee’s Account by the Licensee or any other person accessing the Platform through the Licensee’s Account, including without limitation, negligent or wrongful conduct; or
(e) Licensee’s violation of any third party rights.

14.5NXTGEN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Licensee, in which event the Licensee hereby agrees, undertakes and confirms to cooperate with NXTGEN in asserting any available defenses.

15.1To the maximum extent permissible by applicable laws, in no event will NXTGEN and/or its affiliates be liable to you or any third party for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, the use of the Platform or its Services and/or NXTGEN’s Content, whether or not the damages are foreseeable, and/or whether or not NXTGEN has been advised of the possibility of such damages in advance. Notwithstanding anything contained in this EULA, NXTGEN’s maximum liability towards the Licensee shall be limited to the aggregate amount of the previous month subscription fees paid by the Licensee towards use of the Platform and its Services. In the event you are in a jurisdiction that does not allow limitation of liability in the manner stated hereinabove, the limitation shall apply to you to the extent permitted by applicable laws. If you are dissatisfied with the Services on the Platform, your sole and exclusive remedy is to discontinue using the Services and the Platform.

15.2Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the Platform and/or NXTGEN’s relationship with you, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.

15.3NXTGEN and/or its affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this EULA caused by an event beyond their reasonable control, including but not limited to, war, accident, lock-down, act of god, pandemic, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to NXTGEN or to you.

15.4NXTGEN AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITIES AND WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM OR THAT THE SERVICES ON THE PLATFORM WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED OR THE SERVICES OFFERED BY THIRD PARTIES ON THE PLATFORM OF THE PLATFORM WILL NEVER RESULT IN ANY LIABILITY FOR THE LICENSEE. NO ADVICE OR INFORMATION PROVIDED TO YOU BY NXTGEN WILL CREATE ANY LIABILITY OR WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS EULA.

Where permitted under the applicable law, the Licensee agrees that it may bring claims against NXTGEN only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both NXTGEN and the Licensee, as a party to this EULA agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding

17.1In the event of any disputes, differences or claims arising in connection with this EULA, during its subsistence and/or after their termination in any manner whatsoever, including the validity and/or construction and/or interpretation of any of the sections hereof or anything done or omitted to be done pursuant hereto, the parties entering into this EULA shall to the fullest extent possible, try to settle the disputes, differences or claims in the first instance by prompt and good faith negotiations between themselves.

17.2Any dispute that is not resolved within 30 (thirty) days of the occurrence thereof shall be referred to and finally settled by way of arbitration in Bangalore, under the Arbitration and Conciliation Act, 1996, as amended from time to time (the “Arbitration Act”). The arbitration shall be conducted by a sole arbitrator appointed in accordance with the Arbitration Act.

17.3The seat, place and venue of the arbitration proceedings shall be Bangalore, India and the language of the arbitral proceedings shall be English. All aspects of the arbitration shall be treated as confidential. The law governing this arbitration agreement shall be the law of India.

17.4The arbitrator shall have the power to grant any legal or equitable remedy or relief available under applicable law, including injunctive relief (whether interim and/ or final) and specific performance. For avoidance of doubt, each party to the dispute shall be entitled to apply to the appropriate court of competent jurisdiction for interim or interlocutory relief in respect of such arbitration.

17.5The arbitrator shall also have the power to decide on any dispute regarding the validity of this clause 17.

17.6During the course of any arbitration under this clause 17, except for the matters under dispute and subject to any interim reliefs/ orders granted by courts/ or the arbitrator, the parties entering into this EULA shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this EULA.

17.7The parties entering into this EULA shall participate in good faith to reasonably expedite (to the extent practicable) the conduct of any arbitral proceedings commenced under this EULA.

17.8The arbitrator shall render a written and reasoned award in writing at the earliest and in its award, also, decide on and apportion the costs and reasonable expenses (including reasonable fees of counsel) incurred in the arbitration. Any arbitral award or measures ordered by the arbitrator: (a) may be specifically enforced by any court of competent jurisdiction; and (b) shall be final and binding on the parties entering into this EULA.

This EULA shall be strictly governed by and constructed in accordance with the laws of India and subject to Clause 17 hereinabove, the courts of Bangalore, India shall have exclusive jurisdiction over any disputes arising from this EULA or use of the Services and the Platform.  

NXTGEN reserves the right to change the terms of this EULA at any time for any reasons deemed fit by NXTGEN, including but not limited to, improving the existing functions or features of the Platform, adding new functions or features to the Services offered on the Platform, reasonable technical adjustments to the Platform, ensuring the effectivity of security features of the Platform, and adjustments to the Platform pursuant to legal or regulatory compliance requirements. Any changes that we make will become a part of this EULA when they are posted and as such, you are required to regularly check this page. NXTGEN may choose to notify you of any changes to this EULA by way of push notifications, pop-ups and/or e-mails within the Platform. Your continued use of the Platform will constitute your consent to any changes made to this EULA by NXTGEN. If you do not wish to continue using the Platform under the new version of the terms of this EULA, you may terminate your Account by contacting NXTGEN. The last date on which the terms of this EULA were revised is set forth at the top of this EULA.

With Licensee’s use of the Platform and its Services, NXTGEN will collect certain information as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at https://nxtgen.com/privacy-policy .

If you have any questions about the terms of this EULA or the Platform or the Services offered on the Platform, please contact on the following details:

(a)Entity Name: NXTGEN CLOUD TECHNOLOGIES PRIVATE LIMITED

(b)Registered Office Address: Plot No. 25-P-13B, 1st Phase, Bidadi Industrial Area, Ramanagar, Bangalore – 562109, Karnataka, India

(c)Grievance Officer: The Legal and Compliance Department

(d) Contact Details: compliance@nxtgen.com