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I. Executive Summary and Legal Context

1.1 Introduction and Applicability of Terms

This Terms of Service (ToS) agreement establishes the legally binding contract between EarlyZen ("The Company"), a provider of software and IT services, and any client or user ("The Client") utilizing its website and services. The foundational purpose of this document is to define the parameters of engagement, secure the Company's proprietary interests, effectively mitigate risk and financial liability, and ensure stringent compliance with the commercial and digital regulatory landscape of India.

The ToS functions as a standard form contract that governs the provision of custom software development, web applications, mobile application development, and associated IT consultation services. In India, the contractual integrity of such standardized agreements is subject to judicial review.

1.2 The Indian Regulatory Compliance Framework

The legal framework underpinning software development agreements and online services in India is multifaceted, drawing primarily from three core statutes:

• The Indian Contract Act, 1872 - establishes general principles of enforceability
• The Copyright Act, 1957 - governs ownership and protection of software code as Intellectual Property
• The Information Technology Act, 2000 - regulates electronic delivery of services and retention of electronic records

II. Contractual Foundation and Term Management

2.1 Definitions and Interpretation

Key definitions include:

• Services: The specific custom software development, IT consulting, application maintenance, and other services described in the corresponding Statement of Work (SOW).
• Software: Any computer programs, libraries, databases, or documentation, whether pre-existing or custom-developed, used or created in connection with the Services.
• Client Content: Any data, information, graphics, text, or source materials provided by the Client to the Company for use in the performance of the Services.
• Company IP: All pre-existing intellectual property, methodologies, frameworks, tools, and background code owned by EarlyZen prior to or independently of this Agreement.
• Deliverables (or Work Product): The final, custom software or IT solutions created specifically for the Client under an SOW.

2.2 Acceptance of Terms and Amendments

The formation of the contract is tied directly to the Client's engagement with the Company's services. Acceptance of these Terms is legally established through multiple methods: executing a Statement of Work (SOW) referencing these Terms, clicking an "I Agree" prompt, or commencing use of the Services.

2.3 Term, Suspension, and Termination

The Company reserves the right to suspend or terminate the Services immediately "For Cause" upon material breach, abusive or illegal activity, or default on payment. The Company also retains the right to terminate for convenience with thirty (30) days' written notice.

III. Acceptable Use Policy (AUP) and Prohibited Conduct

3.1 Purpose and Enforcement

The Acceptable Use Policy serves to reduce the risk of systemic misuse, protect the Company's infrastructure, and ensure a positive overall service experience.

3.2 Categories of Prohibited Activities

The following activities are strictly prohibited:

• Illegal Conduct and Fraud: Activities that violate the laws of India or any other applicable jurisdiction
• Harmful, Offensive, or Discriminatory Content: Material that is obscene, defamatory, harassing, abusive, or threatening
• Security and System Interference: Activities that interfere with the integrity or performance of the Services
• Intellectual Property Infringement: Use of the Services to infringe copyrights, trademarks, or proprietary rights

IV. Financial Terms, Billing, and MSMED Compliance

4.1 Fees, Invoicing, and Taxes

Pricing for Services may be based on a fixed fee, subscription model, or time and materials (T&M), as defined in the relevant SOW. Standard commercial invoices are due net thirty (30) days from the invoice date. The Client is responsible for payment of all applicable taxes, including Goods and Services Tax (GST).

4.2 MSMED Act Compliance

For MSME clients, payment deadlines cannot exceed forty-five (45) days with written agreement or fifteen (15) days without written agreement. Delayed payments incur compound interest at three times the RBI bank rate.

V. Intellectual Property Rights (IPR) Management

5.1 Pre-Existing Intellectual Property

EarlyZen retains full ownership of all proprietary methodologies, tools, frameworks, and pre-existing documentation. When Company IP is incorporated into Deliverables, EarlyZen grants the Client a non-exclusive, non-transferable, perpetual, royalty-free license.

5.2 Ownership of Custom Deliverables

Upon full payment of all applicable fees, the Company shall assign all Intellectual Property Rights in the custom-developed code and design elements to the Client. This assignment is contingent upon complete payment of all financial obligations.

VI. Data Protection, Confidentiality, and DPDPA Compliance

6.1 Privacy Policy Integration

The ToS explicitly incorporates the separate Privacy Policy published on the EarlyZen website by reference, ensuring complete transparency and regulatory adherence.

6.2 Data Processing and Consent (DPDPA 2023)

The Digital Personal Data Protection Act (DPDPA) 2023 significantly impacts the processing of digital personal data. Every request for consent must be presented in clear and plain language with linguistic accessibility options.

VII. Risk Management: Warranties and Limitation of Liability

7.1 Disclaimer of Warranties

THE SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO THE SERVICES AND DELIVERABLES PROVIDED UNDER THIS AGREEMENT.

7.2 Limitation of Liability

THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY THE CLIENT TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) INR 100,000 (ONE LAKH INDIAN RUPEES).

7.3 Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company from all claims, losses, liabilities, damages, and costs arising out of any breach of the Agreement, third-party IP claims, or misuse of the Services.

VIII. Governing Law and Dispute Resolution

8.1 Governing Law

These Terms shall be governed by and construed exclusively in accordance with the substantive laws of the Republic of India.

8.2 Dispute Resolution

Disputes shall first be resolved through good faith negotiation within thirty (30) days. If unsuccessful, disputes shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, with the juridical seat in Sonipat, Haryana, India.

IX. Miscellaneous Provisions

9.1 Force Majeure

Neither party shall be liable for failure to perform due to causes beyond reasonable control, including acts of God, war, terrorism, epidemic, or government authority.

9.2 Assignment

EarlyZen may assign its rights and obligations without Client consent. The Client may not assign rights without prior written consent from EarlyZen.

9.3 Contact Information

All formal notices required under these Terms must be sent to the Company's registered office address.

I. Introduction and Data Protection Framework

1.1 Privacy Commitment and Scope

EarlyZen ("The Company," "we," "us," or "our") is committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, process, and safeguard your personal information when you visit our website, use our services, or engage with our digital platforms. Our privacy practices are designed to comply with applicable data protection laws, including the Digital Personal Data Protection Act (DPDPA) 2023 of India and other relevant international privacy regulations.

This policy applies to all users of our website, clients who engage our services, and anyone who interacts with EarlyZen's digital ecosystem. By using our services, you acknowledge that you have read, understood, and agree to the practices described in this Privacy Policy.

1.2 Legal Framework and Compliance

Our privacy practices are governed by a comprehensive legal framework including:

• The Digital Personal Data Protection Act (DPDPA), 2023 - India's primary data protection legislation
• The Information Technology Act, 2000 and IT Rules 2011 - governing electronic data handling
• General Data Protection Regulation (GDPR) - for European clients and users
• Industry-specific data protection standards and cybersecurity frameworks

II. Information We Collect

2.1 Personal Information

We collect personal information that you voluntarily provide to us, including:

• Contact Information: Name, email address, phone number, postal address, and company details
• Professional Information: Job title, company name, industry, and business requirements
• Project Details: Technical specifications, project requirements, and collaboration materials
• Communication Records: Emails, chat messages, meeting notes, and support interactions
• Financial Information: Billing details, payment information (processed securely through third-party payment processors)

2.2 Technical Information

We automatically collect certain technical information when you use our services:

• Device Information: IP address, browser type, operating system, device identifiers
• Usage Data: Pages visited, time spent, click patterns, feature usage analytics
• Log Data: Server logs, error reports, and system performance metrics
• Cookies and Tracking: Session cookies, preference settings, and analytics cookies

III. How We Use Your Information

3.1 Service Delivery and Customer Support

We use your information primarily to:

• Provide custom software development and IT consulting services
• Communicate about project requirements, progress, and deliverables
• Offer technical support and troubleshooting assistance
• Process payments and manage billing relationships
• Maintain and improve our service quality and performance

3.2 Business Operations and Legal Compliance

Additional uses include:

• Compliance with legal obligations and regulatory requirements
• Protection of our rights, property, and security
• Business analytics and performance measurement
• Marketing communications (with your explicit consent)
• Research and development for service improvement

IV. Your Rights and Choices

4.1 Data Subject Rights Under DPDPA 2023

You have the following rights regarding your personal data:

• Right to Information: Know what personal data is being processed and how
• Right of Access: Obtain copies of your personal data we hold
• Right to Correction: Request correction of inaccurate or incomplete data
• Right to Erasure: Request deletion of your personal data in certain circumstances
• Right to Data Portability: Receive your data in a machine-readable format
• Right to Grievance Redressal: File complaints about our data processing practices

V. Data Security and Protection

5.1 Security Measures

We implement comprehensive security measures including:

• Encryption: Data encryption in transit (TLS 1.3) and at rest (AES-256)
• Access Controls: Role-based access, multi-factor authentication, and principle of least privilege
• Network Security: Firewalls, intrusion detection systems, and secure network architecture
• Regular Updates: Security patches, vulnerability assessments, and penetration testing

VI. Contact Information

6.1 Privacy Contacts

For privacy-related questions, concerns, or requests, please contact us through our website or email us directly.

Last updated: November 3, 2025

This Cookie Policy explains what cookies are, the types of cookies we use, the information we collect using cookies, and how you can manage your preferences regarding their use.

I. What Are Cookies?

Cookies are small text files that are stored on your device (computer, tablet, or mobile phone) when you visit our website or use our services. They are used to collect and store data on your device to help the website function, track user activity, and remember user preferences.

II. Types of Cookies Used

We utilize both Session Cookies and Persistent Cookies, which are categorized based on their necessity and purpose:

2.1. Essential (Strictly Necessary) Cookies

These cookies are necessary for the basic functioning of the website and cannot be switched off in our systems. They are usually only set in response to actions made by you, such as logging in, filling out forms, or setting privacy preferences.

Examples of Essential Cookies:

• Session Cookies: Used to remember your activities within a single session and expire once you close your browser.
• Authentication Cookies: Used to identify you through your login credentials after successful verification.
• User-Input Cookies: Used to track items a user inputs to the website, such as form data.
• Load-Balancing Cookies: These connect information between your web server and our web server to ensure stable access to the service.

2.2. Non-Essential Cookies

These cookies are not strictly necessary for the technical operation of the website but enhance user experience, provide data analytics, and enable advertising. These cookies are only deployed upon receiving your explicit, affirmative consent.

Examples of Non-Essential Cookies:

• Analytics and Customization Cookies: These track user activity, page views, and overall site usage patterns, allowing us to understand how our site is being used for optimization purposes. These may include cookies from services like Google Analytics.
• Advertising Cookies: Used to customize your advertising experience on third-party sites based on your browsing history and interests.
• Social Networking Tracking Cookies: These allow you to share content on social media and link activity between our site and the third-party social media platform.

2.3. Duration and Third-Party Cookies

We may integrate third-party services (such as Google Analytics or advertising networks) that set cookies on your device. These Third-Party Cookies are governed by the respective third party's own privacy policies. We are not responsible for the use of data collected by these third parties, though we mandate that their data protection levels are compliant with Indian regulations.

III. Your Consent and Control (DPDP Act Compliance)

In compliance with Indian data protection principles, particularly the requirements for valid consent, we ensure you have full control over the cookies placed on your device:

• Active Consent Required: We require your explicit, affirmative, and unambiguous consent to place or access any non-essential cookies on your device. This consent is obtained through a clear mechanism (e.g., clicking "I Accept" or selecting preferences).
• Passive Action is Not Consent: Continuing to scroll down the website or simply continuing to use the site does not constitute valid consent for non-essential cookies.
• Right to Refusal: You have the right to refuse non-essential cookies. We will not refuse you access to our website or services if you withhold consent for cookies that are not strictly necessary for the site's functionality.
• Right to Withdraw Consent: You may withdraw your consent at any time. The process for withdrawing consent is designed to be as easy as the process used to obtain it. Upon withdrawal, we will immediately cease processing data based on that consent.

IV. Managing Your Cookie Preferences

You can manage your preferences and opt-out of cookies at any time through the following methods:

• Cookie Preference Center: You can adjust your preferences regarding non-essential cookies directly via the dedicated settings panel accessible on our website (usually located via a banner or link in the footer).
• Browser Settings: Most web browsers allow you to control cookies through their settings. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, disabling essential cookies may affect the functionality of our website.
• Opt-Out Mechanisms: For specific third-party advertising cookies, you may utilize available industry opt-out mechanisms.

V. Contact for Grievance Redressal

For any questions regarding this Cookie Policy or to exercise your rights, please contact our designated Grievance Officer at: