These Terms of Service set out the agreement between you and Beeyond Tech for the use of the Orbit Living platform. They cover what we provide, what you and your society can expect from us, and what we expect in return. Orbit Living is a technology platform that enables residential housing societies to manage their day-to-day operations digitally. We facilitate, but do not provide, security services, payment services, or property management services. Those responsibilities remain with the society and its appointed personnel.

Please read these Terms carefully before subscribing to or using the Platform. By doing so, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

1. About These Terms and How They Apply

These Terms of Service ("Terms") constitute a legally binding agreement between Beeyond Tech, a sole proprietorship having its principal place of business at Unit No. 108 & 108A&B, 1st Floor, Sona Udyog Industrial Estate, Parsi Panchayat Road, Andheri East, Mumbai 400069, India (referred to in these Terms as "Beeyond Tech", "we", "us", or "our"), and you, the User (referred to as "you" or "your"), with respect to the access to and use of the Orbit Living platform and all associated software, services, websites, mobile applications, application programming interfaces, and features (collectively, the "Platform").

By accessing, registering for, subscribing to, or using the Platform in any manner, you acknowledge that you have read, understood, and agreed to be bound by these Terms, together with the Privacy Policy, the Acceptable Use Policy, the Refund and Cancellation Policy, the Cookie Policy, the End User License Agreement (where applicable), the Data Processing Agreement (where applicable), and any other policies, guidelines, or terms that Beeyond Tech may publish from time to time (collectively, the "Policies"). The Policies are incorporated into these Terms by reference and form an integral part of the agreement between you and Beeyond Tech.

If you are accepting these Terms on behalf of a Resident Welfare Association, society, employer, or other legal entity, you represent and warrant that you have the legal authority to bind such entity to these Terms. In such case, "you" and "your" shall refer both to you individually and to the entity on whose behalf you are acting.

If you do not agree to these Terms, you must not access, register for, or use the Platform.

2. Definitions

Unless the context otherwise requires, the capitalised terms used in these Terms shall have the meanings set out below. Capitalised terms not defined herein shall have the meaning ascribed to them in the Privacy Policy.

• "Applicable Law" means all statutes, enactments, acts of legislature, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives, and orders of any governmental authority, statutory authority, court, or tribunal, as may be applicable in India.

• "Billing Cycle" means the billing period selected by the Subscriber at the time of subscription, being either bi-yearly (every six months) or yearly (every twelve months).

• "Confidential Information" has the meaning ascribed to it in Clause 14.

• "Effective Date" in respect of a subscription means the date on which the Subscriber's payment for the subscription is successfully processed, or the date on which a Free Trial commences, whichever is earlier.

• "Free Trial" has the meaning ascribed to it in Clause 6.2.

• "Guard" or "Security Guard" means a security personnel engaged by the RWA to provide security services at the society and granted access to the Guard Application.

• "Order Form" means any written or electronic document, including subscription forms, quotes, or invoices, executed between Beeyond Tech and the Subscriber that sets out the commercial terms of the subscription, including pricing, Billing Cycle, and any tier-specific terms.

• "Platform" means the Orbit Living software-as-a-service platform, as defined in Clause 1.

• "Privacy Policy" means the privacy policy published by Beeyond Tech on the Platform, as amended from time to time.

• "Resident" means a flat owner, tenant, or other lawful occupant of a residential unit within a society that uses the Platform.

• "RWA" or "Resident Welfare Association" means a housing society, cooperative housing society, apartment owners' association, or similar body that subscribes to the Platform for the management of a residential community.

• "RWA Administrator" means an individual authorised by the RWA to administer the RWA's account on the Platform.

• "Subscriber" means the RWA that has subscribed to the Platform and is the paying customer for the subscription.

• "Subscription Fees" means the fees payable by the Subscriber to Beeyond Tech for the use of the Platform, as set out in the applicable Order Form or subscription plan.

• "User" means any natural person who accesses or uses the Platform in any capacity, including RWA Administrators, Residents, Guards, society staff, and Beeyond Tech personnel.

3. The Platform and What It Does

Beeyond Tech provides a software-as-a-service platform designed to facilitate the digital management of residential housing societies. The Platform comprises four interconnected applications:

• Orbit HQ: A super administrator console used by Beeyond Tech personnel for the operation, support, and administration of the Platform.

• RWA Dashboard: A web-based administrative console used by RWA Administrators for the management of society operations, including resident records, maintenance fee collection, visitor management, complaints, and reporting.

• Resident Application: A mobile application used by Residents for accessing society-related information, approving visitors, paying maintenance fees, raising complaints, and communicating with the RWA.

• Guard Application: A mobile application used by Guards for managing visitor entries, recording incidents, and coordinating with Residents and RWA Administrators.

Beeyond Tech is a technology platform. Beeyond Tech does not provide security services, property management services, accounting services, or any other physical or professional services to the RWA or its Residents. The Platform is a tool that enables the RWA, its administrators, residents, and engaged personnel to perform such functions digitally. Responsibility for the actual performance of security, property management, accounting, and other society functions rests with the RWA and its appointed personnel.

The features and functionality of the Platform may evolve over time. Beeyond Tech reserves the right to add, modify, suspend, or discontinue any feature or functionality of the Platform at its discretion, with reasonable notice to Subscribers where such changes are material. In the event a material feature is discontinued, Beeyond Tech shall provide reasonable notice and, where feasible, an opportunity for the Subscriber to retrieve associated data.

The Platform is intended for use by residential housing societies and their authorised members located within the territory of India only. The Platform is not available for use outside India, and Beeyond Tech reserves the right to refuse service to any User located outside India.

4. Eligibility and Account Creation

4.1 Eligibility

To register for and use the Platform, you must:

• Be at least eighteen (18) years of age and competent to enter into a binding contract under the Indian Contract Act, 1872;

• Have the legal authority to act on behalf of any entity you represent in connection with the Platform;

• Not be barred from using the Platform under any Applicable Law;

• Provide accurate, current, and complete information during registration and update such information promptly upon any change.

4.2 Account Creation

Account creation differs by User category. The applicable account creation process is set out in Clause 5. Beeyond Tech reserves the right to refuse registration, suspend, or terminate an account at its discretion where the information provided is suspected to be untrue, inaccurate, incomplete, or in violation of these Terms.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including username, password, one-time passwords, and authentication tokens. You agree to:

• Use a strong, unique password for your account;

• Not share your account credentials with any third party;

• Notify Beeyond Tech immediately upon becoming aware of any unauthorised use of your account or any other breach of security;

• Be solely responsible for all activities that occur under your account, whether or not authorised by you.

  
  

Beeyond Tech shall not be liable for any loss or damage arising from your failure to comply with the security obligations set out in this Clause 4.3.

5. The Four User Categories and Their Roles

The Platform serves four distinct categories of Users. The rights, obligations, and account management modalities applicable to each category are set out below.

5.1 Beeyond Tech Personnel (Orbit HQ)

Orbit HQ is accessed exclusively by authorised personnel of Beeyond Tech for the purposes of operating, supporting, securing, and administering the Platform. Access to Orbit HQ is governed by internal policies of Beeyond Tech and is not available to Subscribers, Residents, Guards, or any other party.

5.2 RWA Administrators

The RWA Administrator is the primary account holder for the Subscriber. The RWA Administrator is responsible for:

• Subscribing to the Platform on behalf of the RWA;

• Configuring society-specific settings, including resident lists, billing structure, and visitor policies;

• Creating and managing accounts for Residents, Guards, and society staff;

• Ensuring the accuracy and lawfulness of data uploaded to the Platform;

• Paying Subscription Fees in accordance with the selected Billing Cycle;

• Communicating with Beeyond Tech in respect of the RWA's account.

The RWA Administrator's account is the primary account for the Subscriber and cannot be self-deleted on account of society record continuity requirements. Account closure for the primary account holder shall be effected by Beeyond Tech upon receipt of a verified written request from the RWA, subject to the settlement of outstanding Subscription Fees and the retention obligations set out in the Privacy Policy.

5.3 Residents

Residents access the Platform through the Resident Application. Resident accounts may be created either by self-registration following verification by the RWA Administrator or by the RWA Administrator on the Resident's behalf. Residents may:

• Access and modify their personal information through the Resident Application;

• Approve or decline visitor entry requests;

• Pay maintenance fees and other society dues, where such functionality is enabled by the RWA;

• Raise complaints, suggestions, and queries to the RWA;

• Receive notices and communications from the RWA.

Residents may request deletion of their personal data by contacting the RWA Administrator or the Grievance Officer of Beeyond Tech. The RWA Administrator may deactivate Resident accounts in connection with society management activities, including upon the sale of a flat or the termination of a tenancy.

5.4 Guards and Society Staff

Guards and society staff access the Platform through the Guard Application. Guard and society staff accounts are created and managed exclusively by the RWA Administrator. Such Users:

• May not self-register or self-delete accounts on the Platform;

• May access and request correction of their personal information by contacting the RWA Administrator or the Grievance Officer;

• Are subject to deactivation by the RWA Administrator upon termination of their engagement with the society or otherwise at the RWA's discretion;

• Use the Platform solely as a tool to perform duties assigned by the RWA. Beeyond Tech has no employment, contractual, or other relationship with Guards or society staff.

The RWA is solely responsible for the engagement, supervision, conduct, performance, and termination of Guards and society staff. Beeyond Tech shall not be responsible for any act or omission of any Guard or staff member, including but not limited to negligence, misconduct, or failure to perform security or other duties.

6. Subscription Plans, Trial Period, and Billing

6.1 Subscription Plans

Beeyond Tech offers the Platform on a subscription basis. The specific subscription plan, features included, pricing, and other commercial terms applicable to a Subscriber shall be set out in the Order Form, subscription page, or other written communication accepted by the Subscriber. Beeyond Tech reserves the right to modify subscription plans, pricing, and feature inclusions from time to time, with notice to existing Subscribers in accordance with Clause 26.

6.2 Free Trial

Beeyond Tech may, at its discretion, offer a free trial period ("Free Trial") to eligible RWAs. The standard Free Trial period is thirty (30) days from the Effective Date, during which the Subscriber may access the full features of the Platform. Beeyond Tech reserves the right to extend the Free Trial period for select Subscribers up to a maximum of six (6) months, as may be specifically agreed in writing. The terms of any Free Trial, including its duration and feature inclusions, shall be communicated to the Subscriber at the time of registration.

Upon expiry of the Free Trial, continued access to the Platform shall require payment of the Subscription Fees in accordance with the selected Billing Cycle. If the Subscriber does not subscribe to a paid plan upon expiry of the Free Trial, access to the Platform shall be suspended, and data shall be retained in accordance with the Privacy Policy.

6.3 Billing Cycles

Subscription Fees are payable on a bi-yearly (every six months) or yearly (every twelve months) basis, as selected by the Subscriber. Subscription Fees shall be paid in full and in advance for the entire Billing Cycle. Beeyond Tech does not offer monthly or quarterly billing for the Platform.

6.4 Payment Terms

Subscription Fees shall be paid through the payment methods made available on the Platform. All payments shall be made in Indian Rupees and shall be exclusive of applicable taxes, including Goods and Services Tax (GST), which shall be charged additionally at the prevailing rate. The Subscriber is responsible for providing accurate and current billing information.

In the event that any payment fails or is reversed for any reason, the Subscriber shall remain liable for the unpaid Subscription Fees, and Beeyond Tech reserves the right to suspend access to the Platform in accordance with Clause 17.

6.5 Pricing Changes

Beeyond Tech reserves the right to revise Subscription Fees from time to time. Any revision in Subscription Fees shall apply prospectively to renewal of the existing subscription and shall not affect the Subscription Fees applicable to the current Billing Cycle. Beeyond Tech shall provide the Subscriber with at least thirty (30) days' written notice of any revision in Subscription Fees prior to the commencement of the next Billing Cycle.

7. Auto-Renewal and Cancellation

7.1 Auto-Renewal

Subscriptions shall automatically renew at the end of each Billing Cycle for a further Billing Cycle of the same duration, unless cancelled by the Subscriber in accordance with this Clause 7. Upon auto-renewal, the Subscriber shall be charged the Subscription Fees applicable to the renewed Billing Cycle through the payment method on record.

7.2 Renewal Reminders

Beeyond Tech shall send renewal reminders to the Subscriber at the registered email address and through in-Platform notifications at the following intervals prior to the renewal date:

• Thirty (30) days prior to renewal;

• Fifteen (15) days prior to renewal;

• Seven (7) days prior to renewal; and

• One (1) day prior to renewal.

7.3 Cancellation

The Subscriber may cancel auto-renewal of the subscription at any time up to one (1) day prior to the renewal date through the cancellation option in the RWA Dashboard or by contacting Beeyond Tech in writing. Upon cancellation, the Subscriber shall continue to have access to the Platform for the remainder of the current Billing Cycle, and no further charges shall be levied at the end of the current Billing Cycle.

Cancellation requests received on or after the renewal date shall be processed for the subsequent Billing Cycle, and Subscription Fees for the renewed Billing Cycle shall be charged in full and shall be non-refundable in accordance with Clause 8.

8. Refunds and Payment Disputes

8.1 No-Refund Policy

All Subscription Fees, once paid, are non-refundable. The Subscriber acknowledges and agrees that:

• Beeyond Tech does not offer refunds for any unused portion of a Billing Cycle;

• Cancellation of the subscription mid-cycle does not entitle the Subscriber to any refund or pro-rata adjustment;

• Setup fees, onboarding fees, and any other one-time fees, if applicable, are non-refundable;

• In the event of suspension or termination of the subscription by Beeyond Tech for cause, including breach of these Terms by the Subscriber, no refund shall be payable.

8.2 Exceptions

Notwithstanding Clause 8.1, Beeyond Tech may, at its sole discretion, offer a refund or service credit in exceptional circumstances, including:

• Where Subscription Fees have been charged in duplicate or in error;

• Where the Platform has been materially unavailable for an extended period due to fault attributable to Beeyond Tech, and Beeyond Tech determines that a service credit is appropriate;

• Where required by Applicable Law.

Any such refund or service credit shall be processed within fifteen (15) business days of approval and credited to the original mode of payment, where feasible.

8.3 Payment Disputes

In the event of any dispute regarding Subscription Fees or payments, the Subscriber shall notify Beeyond Tech in writing within thirty (30) days of the disputed charge. Beeyond Tech shall investigate the dispute in good faith and respond within thirty (30) days. Pending resolution of the dispute, the Subscriber shall pay all undisputed amounts in accordance with these Terms.

The Subscriber acknowledges that Beeyond Tech is a technology platform and not a payment aggregator or financial institution. Payment processing is facilitated through third-party payment processors, and any dispute relating to payment processing failures, delays, or errors of the payment processor shall be addressed in accordance with the terms of the relevant payment processor.

9. Acceptable Use of the Platform

Your use of the Platform is governed by the Acceptable Use Policy, which is incorporated into these Terms by reference. Without prejudice to the Acceptable Use Policy, you agree that you shall not, directly or indirectly:

• Use the Platform for any purpose that is unlawful, fraudulent, harmful, or in violation of any Applicable Law;

• Use the Platform in any manner that infringes the intellectual property, privacy, or other rights of any person;

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the Platform;

• Copy, modify, adapt, translate, or create derivative works of the Platform;

• Rent, lease, sell, sublicense, distribute, or otherwise transfer access to the Platform to any third party;

• Use the Platform to build a competing product or service or to extract data or features for such purpose;

• Use any automated means, including bots, scrapers, or crawlers, to access the Platform without the prior written consent of Beeyond Tech;

• Interfere with, disrupt, or compromise the security, integrity, or performance of the Platform;

• Bypass or circumvent any security measure, access control, or rate limit of the Platform;

• Transmit any virus, malware, or other harmful code through the Platform;

• Upload, share, or transmit any content that is unlawful, obscene, defamatory, threatening, harassing, or otherwise objectionable;

• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;

• Use the Platform in any manner that could overload, impair, or damage the Platform infrastructure.

Beeyond Tech reserves the right to investigate and take appropriate action, including suspension or termination of accounts, in respect of any violation of this Clause 9.

10. Responsibilities of the RWA

The RWA, as the Subscriber and the primary entity using the Platform for society management, has the following specific responsibilities:

10.1 Authority and Authorisation

The RWA Administrator represents and warrants that they are duly authorised to act on behalf of the RWA, and that the RWA has lawful authority to subscribe to and use the Platform. The RWA shall promptly notify Beeyond Tech in the event of any change in the RWA Administrator or in the authority of any person acting on behalf of the RWA.

10.2 Data Accuracy and Lawful Collection

The RWA is solely responsible for the accuracy, completeness, and lawfulness of all data uploaded to the Platform by it or its authorised personnel. The RWA represents and warrants that:

• It has obtained all necessary consents, permissions, and authorisations from Residents, Guards, society staff, visitors, and other individuals whose personal data is processed through the Platform;

• It has provided all necessary notices and disclosures required under the Digital Personal Data Protection Act, 2023, and other Applicable Law;

• It shall not upload to the Platform any data that is unlawful, infringing, or otherwise in violation of the rights of any person.

10.3 Disputes with Residents and Third Parties

Any dispute between the RWA and its Residents, Guards, society staff, visitors, vendors, or other third parties shall be resolved directly between the relevant parties. Beeyond Tech shall not be a party to such disputes and shall have no responsibility or liability in respect of the subject matter of such disputes. The RWA agrees to indemnify and hold Beeyond Tech harmless against any claim arising from or relating to such disputes.

10.4 Society Management Decisions

All decisions relating to society management, including but not limited to the engagement and supervision of security personnel, the levying and collection of maintenance fees, the approval of visitors, the management of facilities, and compliance with cooperative society regulations, are the sole responsibility of the RWA. Beeyond Tech is a technology platform that facilitates the digital execution of such decisions and does not advise, recommend, or determine such decisions.

10.5 Compliance with Cooperative Society Laws

The RWA shall ensure its compliance with the Maharashtra Cooperative Societies Act, 1960, the rules made thereunder, the bye-laws of the society, and other Applicable Law governing cooperative housing societies. The Platform is a facilitation tool and is not a substitute for statutory compliance, audit, or filing obligations of the RWA.

11. Responsibilities of Residents and Other Users

Residents, Guards, society staff, and other Users shall:

• Use the Platform only for lawful purposes and in accordance with these Terms and the Acceptable Use Policy;

• Provide accurate and current information when registering for or using the Platform;

• Maintain the confidentiality of their account credentials and notify Beeyond Tech immediately of any unauthorised use;

• Not approve or facilitate the entry of any visitor whose entry has not been duly authorised by them or whose entry would violate any rule of the society;

• Comply with the rules, regulations, and decisions of the RWA in respect of society management;

• Not use the Platform to harass, intimidate, or otherwise cause harm to any other User.

Residents acknowledge and agree that any approval given by them to a visitor through the Platform constitutes their authorisation to permit the visitor's entry into the society, and that Beeyond Tech has no role in the decision to grant or deny entry. Liability for any consequence arising from visitor entry rests with the Resident granting approval and the RWA, and not with Beeyond Tech.

12. Intellectual Property

12.1 Ownership by Beeyond Tech

Beeyond Tech and its licensors retain all right, title, and interest in and to the Platform, including all software, technology, designs, user interfaces, graphics, logos, trademarks, service marks, trade names, content, documentation, and any modifications, enhancements, or derivative works thereof. Except for the limited rights of use expressly granted in these Terms, no rights, licenses, or interests in the intellectual property of Beeyond Tech are granted to you, by implication or otherwise.

12.2 Limited Licence

Subject to your compliance with these Terms, Beeyond Tech grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform during the term of your subscription or use, solely for the purposes set out in these Terms.

12.3 User Content

As between you and Beeyond Tech, you retain ownership of all content, data, and materials that you upload to the Platform ("User Content"). By uploading User Content to the Platform, you grant Beeyond Tech a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, transmit, display, and process the User Content solely to the extent necessary to provide the Platform and to perform Beeyond Tech's obligations under these Terms.

12.4 Feedback

Any feedback, suggestions, ideas, or recommendations provided by you to Beeyond Tech regarding the Platform may be freely used by Beeyond Tech for any purpose, including the improvement of the Platform, without any obligation of compensation or attribution to you.

12.5 Trademark Restrictions

"Orbit Living", "Orbit", "Beeyond Tech", and all related logos and marks are trademarks of Beeyond Tech. You may not use any such trademark without the prior written consent of Beeyond Tech.

13. Privacy and Data Protection

Beeyond Tech's collection, use, storage, sharing, and protection of personal data is governed by the Privacy Policy, which is incorporated into these Terms by reference.

In respect of personal data of Residents, Guards, society staff, visitors, and other individuals processed through the Platform on behalf of the RWA, the RWA acts as the Data Fiduciary and Beeyond Tech acts as the Data Processor under the Digital Personal Data Protection Act, 2023. The terms of such processing are set out in the Data Processing Agreement executed between Beeyond Tech and the RWA, which is incorporated into these Terms by reference.

The RWA shall obtain all necessary consents from data principals and shall be solely responsible for the lawfulness of the personal data uploaded to the Platform.

14. Confidentiality

14.1 Confidential Information

"Confidential Information" means any non-public information disclosed by one Party (the "Disclosing Party") to the other (the "Receiving Party"), in any form, that is identified as confidential or that would reasonably be understood to be confidential, including but not limited to business plans, customer information, financial information, technical information, software, source code, designs, and product roadmaps.

14.2 Obligations

The Receiving Party shall:

• Use Confidential Information solely for the purposes contemplated by these Terms;

• Not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party;

• Protect Confidential Information with at least the same degree of care that it uses to protect its own confidential information of a similar nature, and in no event less than reasonable care;

• Limit access to Confidential Information to those personnel who have a need to know for the purposes contemplated by these Terms, and who are bound by obligations of confidentiality.

14.3 Exclusions

Confidential Information does not include information that:

• Was already known to the Receiving Party free of any confidentiality obligation at the time of disclosure;

• Is or becomes publicly available through no fault of the Receiving Party;

• Is independently developed by the Receiving Party without reference to the Confidential Information of the Disclosing Party;

• Is lawfully obtained from a third party without breach of any confidentiality obligation.

14.4 Permitted Disclosure

The Receiving Party may disclose Confidential Information to the extent required by Applicable Law or by order of a court or regulatory authority, provided that, where lawfully permitted, the Receiving Party gives the Disclosing Party prior written notice of the required disclosure and reasonable assistance in seeking a protective order or limiting the disclosure.

14.5 Survival

The confidentiality obligations set out in this Clause 14 shall survive termination of these Terms for a period of three (3) years from such termination.

15. Third-Party Services and Integrations

The Platform may include, integrate with, or link to third-party services, applications, websites, or content, including but not limited to payment processors, SMS and email gateways, government portals (such as the Bharat Bill Payment System and municipal portals), identity verification providers, and analytics providers ("Third-Party Services").

Third-Party Services are provided by independent third parties and are governed by their own terms of use, privacy policies, and other terms. Beeyond Tech does not control, endorse, warrant, or assume responsibility for any Third-Party Service. Your use of any Third-Party Service is at your own risk and subject to the terms of the relevant third party.

Beeyond Tech shall not be liable for any failure, error, delay, or other issue with a Third-Party Service, including but not limited to failed payment transactions, undelivered SMS or email, or unavailability of a government portal.

16. Service Availability and Maintenance

16.1 Uptime Commitment

Beeyond Tech endeavours to make the Platform available on a 99% monthly uptime basis across all subscription tiers. The calculation of uptime shall exclude:

• Scheduled maintenance windows, of which Beeyond Tech shall provide at least forty-eight (48) hours' prior notice through in-Platform notifications or email;

• Downtime caused by Third-Party Services, including but not limited to cloud hosting providers, payment gateways, SMS and email gateways, and internet service providers;

• Force majeure events, including natural disasters, government action, civil unrest, and large-scale internet or infrastructure failures;

• Issues arising from User-side factors, including device, browser, or local network conditions;

• Security incidents requiring emergency response, where temporary suspension of service is necessary to protect User data or the integrity of the Platform.

16.2 Maintenance and Updates

Beeyond Tech may, from time to time, perform maintenance, updates, upgrades, patches, or other modifications to the Platform. Beeyond Tech shall use reasonable efforts to schedule planned maintenance during off-peak hours and to minimise disruption to Users. The Subscriber acknowledges that some maintenance or updates may require temporary unavailability of the Platform.

16.3 No Guarantee of Uninterrupted Service

Notwithstanding the uptime commitment in Clause 16.1, Beeyond Tech does not warrant that the Platform will be available without interruption, error, or defect. The Subscriber acknowledges that complex software is subject to defects, errors, and bugs, and that Beeyond Tech shall use commercially reasonable efforts to address such issues.

17. Suspension and Termination

17.1 Suspension for Non-Payment

In the event of non-payment of Subscription Fees by the due date, Beeyond Tech shall provide a grace period of seven (7) days from the due date. If payment is not received within the grace period, Beeyond Tech reserves the right to suspend the Subscriber's access to the Platform without further notice. Access shall be restored upon receipt of the outstanding Subscription Fees, subject to Beeyond Tech's right to terminate the subscription in accordance with this Clause 17.

17.2 Suspension for Other Reasons

Beeyond Tech reserves the right to suspend a Subscriber's or User's access to the Platform, in whole or in part, with or without prior notice, in any of the following circumstances:

• Violation of these Terms, the Acceptable Use Policy, or any other Policy;

• Suspected fraudulent, unlawful, or unauthorised activity;

• Conduct that poses a risk to the security, integrity, or performance of the Platform or to other Users;

• Receipt of a complaint, notice, or order from a court, regulatory authority, or government agency requiring such suspension;

• As required by Applicable Law.

17.3 Termination by the Subscriber

The Subscriber may terminate the subscription:

• For convenience, by giving Beeyond Tech at least thirty (30) days' prior written notice. In such case, the subscription shall continue until the end of the current Billing Cycle, and no refund shall be payable for the unused portion;

• For material breach by Beeyond Tech, by giving Beeyond Tech written notice specifying the breach. If Beeyond Tech fails to cure the breach within thirty (30) days of receipt of the notice, the Subscriber may terminate the subscription with effect from the date specified in the notice.

17.4 Termination by Beeyond Tech

Beeyond Tech may terminate the subscription:

• For convenience, by giving the Subscriber at least thirty (30) days' prior written notice;

• For cause, with immediate effect upon written notice, in the event of: (i) material breach of these Terms by the Subscriber that is incapable of cure, or that is not cured within thirty (30) days of written notice from Beeyond Tech; (ii) non-payment of Subscription Fees beyond the grace period set out in Clause 17.1; (iii) insolvency, bankruptcy, or winding up of the Subscriber; (iv) any act of fraud, gross misconduct, or violation of Applicable Law by the Subscriber; or (v) any other circumstance which, in the reasonable opinion of Beeyond Tech, justifies immediate termination.

18. Effect of Termination and Data Retrieval

Upon termination of the subscription for any reason:

• The Subscriber's right to access and use the Platform shall cease with effect from the date of termination, subject to any applicable data retrieval period;

• The Subscriber shall remain liable for all Subscription Fees and other amounts accrued up to the date of termination;

• Beeyond Tech shall provide the Subscriber with a period of thirty (30) days from the date of termination to retrieve User Content, after which Beeyond Tech shall have no obligation to retain or provide access to such User Content, except as required by Applicable Law;

• Personal data shall be retained, anonymised, or deleted in accordance with the retention periods set out in the Privacy Policy, including a ninety (90) day grace period for reactivation;

• Provisions of these Terms which, by their nature, are intended to survive termination, including provisions relating to intellectual property, confidentiality, indemnification, limitation of liability, dispute resolution, and governing law, shall survive.

19. Warranties and Disclaimers

19.1 Limited Warranty

Beeyond Tech warrants that it shall provide the Platform with reasonable skill and care and in accordance with these Terms.

19.2 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEEYOND TECH MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS.

19.3 No Endorsement

Beeyond Tech does not endorse, verify, or guarantee the accuracy of any information uploaded by Users, including resident lists, society details, visitor information, or any communications between Users. Reliance on such information is at the User's own risk.

19.4 Security Services Disclaimer

The Platform is a technology platform and does not provide security services. The actual provision of security at the society, including the management of visitor entry, monitoring, and emergency response, is the responsibility of the RWA and the security personnel engaged by the RWA. Beeyond Tech shall not be responsible or liable for theft, security breach, trespass, injury, damage, or any other unusual or illegal activity that occurs at the society premises.

20. Limitation of Liability

20.1 Exclusion of Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEEYOND TECH, ITS PERSONNEL, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE PLATFORM, EVEN IF BEEYOND TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BEEYOND TECH ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE AGGREGATE SUBSCRIPTION FEES PAID BY THE SUBSCRIBER TO BEEYOND TECH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

20.3 Carve-Outs

Nothing in these Terms shall exclude or limit the liability of either Party for:

• Fraud or fraudulent misrepresentation;

• Death or personal injury caused by negligence;

• Wilful misconduct or gross negligence;

• Any liability that cannot be excluded or limited under Applicable Law.

20.4 Basis of the Bargain

The Parties acknowledge that the limitations of liability set out in this Clause 20 are an essential basis of the bargain between them and reflect the allocation of risk between the Parties, the Subscription Fees payable, and the technology platform nature of the Platform.

21. Indemnification

21.1 Indemnification by the Subscriber

The Subscriber shall indemnify, defend, and hold harmless Beeyond Tech, its personnel, agents, and representatives from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Any breach by the Subscriber of these Terms, the Acceptable Use Policy, the Data Processing Agreement, or any other Policy;

• Any violation by the Subscriber of Applicable Law;

• Any data uploaded to the Platform by the Subscriber, or on the Subscriber's behalf, that is unlawful, infringing, or otherwise in violation of the rights of any person;

• Any dispute between the Subscriber and any Resident, Guard, society staff, visitor, vendor, or other third party;

• Any act or omission of any Guard, security personnel, society staff, or other person engaged by the Subscriber;

• Any decision or action of the Subscriber relating to society management, including but not limited to visitor entry, security, maintenance fee collection, and facility management.

21.2 Indemnification by Beeyond Tech

Beeyond Tech shall indemnify, defend, and hold harmless the Subscriber, its personnel, and representatives from and against any third-party claim that the Platform, when used by the Subscriber strictly in accordance with these Terms, infringes the intellectual property rights of such third party. Beeyond Tech shall have no obligation to indemnify the Subscriber in respect of any claim arising from: (i) modification of the Platform by any party other than Beeyond Tech; (ii) combination of the Platform with any software, hardware, or service not provided by Beeyond Tech; (iii) use of the Platform in a manner not contemplated by these Terms; or (iv) compliance with the Subscriber's specifications or instructions.

21.3 Indemnification Procedure

The Party seeking indemnification (the "Indemnified Party") shall: (i) promptly notify the indemnifying Party (the "Indemnifying Party") in writing of the claim; (ii) provide the Indemnifying Party with sole control of the defence and settlement of the claim, provided that the Indemnifying Party shall not settle any claim that imposes any non-monetary obligation on the Indemnified Party without the Indemnified Party's prior written consent; and (iii) provide reasonable assistance to the Indemnifying Party, at the Indemnifying Party's expense, in the defence of the claim.

22. Force Majeure

Neither Party shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) to the extent such failure or delay is caused by an event beyond the reasonable control of such Party, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic or epidemic, war, terrorism, riot, civil unrest, government action, change in law, failure of public utilities, internet or telecommunications outages, cyberattacks, and acts or omissions of third-party service providers (a "Force Majeure Event").

The affected Party shall promptly notify the other Party of the Force Majeure Event and shall use reasonable efforts to mitigate its effects and resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than sixty (60) consecutive days, either Party may terminate these Terms by written notice to the other Party, without further liability.

23. Publicity and Marketing

Beeyond Tech may identify the Subscriber as a customer of the Platform and may use the Subscriber's name and logo for the purpose of marketing, customer references, case studies, and similar promotional materials, in accordance with reasonable trademark guidelines. The Subscriber may opt out of such use by giving Beeyond Tech written notice, which shall be honoured within a reasonable period.

Neither Party shall issue any press release or public statement specifically referencing the other Party or these Terms without the prior written consent of the other Party, except as required by Applicable Law.

24. Dispute Resolution

24.1 Good-Faith Discussions

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms (a "Dispute"), the Parties shall first attempt to resolve the Dispute through good-faith discussions between authorised representatives of the Parties. Such discussions shall be initiated by written notice from one Party to the other, and the Parties shall use reasonable efforts to resolve the Dispute within thirty (30) days of such notice.

24.2 Mediation

If the Dispute is not resolved through good-faith discussions within the period set out in Clause 24.1, the Parties shall refer the Dispute to mediation administered by a mutually agreed mediator. The mediation shall be conducted in Mumbai, India, in the English language. The costs of mediation shall be borne equally by the Parties, unless the mediator determines otherwise.

24.3 Arbitration

If the Dispute is not resolved through mediation within sixty (60) days of the commencement of mediation, the Dispute shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted as follows:

• The seat and venue of arbitration shall be Mumbai, India;

• The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. If the Parties cannot agree on a sole arbitrator within fifteen (15) days, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996;

• The language of arbitration shall be English;

• The award of the arbitrator shall be final and binding on the Parties;

• Each Party shall bear its own costs of arbitration, except as otherwise determined by the arbitrator.

24.4 Injunctive Relief

Notwithstanding the foregoing, either Party may seek interim or injunctive relief from a court of competent jurisdiction in Mumbai, India, to prevent or restrain any breach of confidentiality, intellectual property, or other irreparable harm, without prejudice to the dispute resolution process set out in this Clause 24.

25. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Subject to the dispute resolution mechanism set out in Clause 24, the courts at Mumbai, India shall have exclusive jurisdiction in respect of any matter arising out of or in connection with these Terms.

26. Changes to These Terms

Beeyond Tech reserves the right to amend, modify, or update these Terms from time to time to reflect changes in its practices, the features of the Platform, or Applicable Law. Any material change to these Terms shall be communicated to Users through an in-Platform notice, email to the registered email address, or such other means as Beeyond Tech may consider appropriate, at least thirty (30) days prior to the change taking effect, unless the change is required to be implemented sooner under Applicable Law.

Continued use of the Platform after the effective date of any amendment to these Terms shall constitute acceptance of such amendment. If you do not agree to any amendment, you must discontinue use of the Platform prior to the effective date of the amendment.

27. General Provisions

27.1 Entire Agreement

These Terms, together with the Policies and any Order Form, constitute the entire agreement between you and Beeyond Tech with respect to the Platform and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written, between the Parties relating to the subject matter hereof.

27.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

27.3 Waiver

No failure or delay by either Party in exercising any right or remedy under these Terms shall constitute a waiver of such right or remedy. Any waiver must be in writing and signed by the waiving Party.

27.4 Assignment

The Subscriber may not assign, transfer, or sub-licence its rights or obligations under these Terms without the prior written consent of Beeyond Tech. Beeyond Tech may assign these Terms to any successor in interest, including in connection with a merger, acquisition, or sale of business assets, without the consent of the Subscriber, provided that the successor agrees to be bound by these Terms.

27.5 Notices

All notices and communications under these Terms shall be in writing and shall be delivered by email to the email address registered on the Platform, by personal delivery, or by registered post or courier to the registered address of the recipient. Notices to Beeyond Tech shall be addressed to: Beeyond Tech, Unit No. 108 & 108A&B, 1st Floor, Sona Udyog Industrial Estate, Parsi Panchayat Road, Andheri East, Mumbai 400069, India; Email: info@orbitliving.co.

27.6 No Agency

Nothing in these Terms shall create any agency, partnership, joint venture, employer-employee, or franchise relationship between you and Beeyond Tech. Neither Party shall have the authority to bind the other in any manner.

27.7 No Third-Party Beneficiaries

These Terms are intended solely for the benefit of the Parties hereto and shall not confer any rights or remedies on any third party.

27.8 Electronic Acceptance

These Terms constitute an electronic record under the Information Technology Act, 2000, and the rules made thereunder, and do not require a physical or digital signature to be binding.

28. How to Contact Us

Should you have any questions, comments, or concerns regarding these Terms or the Platform, you may contact us at:

Beeyond Tech

Unit No. 108 & 108A&B, 1st Floor,

Sona Udyog Industrial Estate,

Parsi Panchayat Road,

Andheri East, Mumbai 400069, India.