Terms and Conditions – SAP Store Product Deployment
These Terms and Conditions (“Terms”) govern every deployment and use of Products and solutions deployed on SAP Store (the “Product”) obtained through the SAP Store. By subscribing to, installing, deploying or using the Product, you agree to be bound by these Terms.
1.1 Provider. The Product is offered by Abhiyanta India Solutions Pvt. Ltd., a company incorporated in India with its registered office at, Pune, Maharashtra, India (“AIS”, “we”, “us” or “our”).
1.2 Definitions.
1.3 Order of precedence. If the Customer has signed a separate written agreement with AIS for the Product, that agreement prevails over these Terms where the two conflict. The SAP Store and SAP BTP terms that apply to the Customer’s purchase also remain in force (see Section 2).
2.1 Grant. Subject to payment of applicable fees and compliance with these Terms, AIS grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to deploy and use the Product for the Customer’s internal business purposes, for the subscription term and within the scope purchased on the SAP Store.
2.2 Scope limits. The licence is limited to the number of users, tenants, instances, environments and volumes stated in the Customer’s order. Use beyond those limits needs AIS’s prior written approval and may attract additional fees.
2.3 SAP Store and SAP BTP terms. The Product is distributed through the SAP Store and may run on SAP Business Technology Platform or other SAP services. The Customer’s use of those services is governed by SAP’s own terms. AIS is not a party to those terms and is not responsible for the availability, performance or conduct of SAP or any other third-party platform.
2.4 Customer environment. The Customer is responsible for its own SAP landscape, network, hardware, integrations, user access, credentials and data. AIS does not warrant that the Product will work with customisations or third-party add-ons that AIS has not tested.
2.5 Updates. AIS may update, patch, modify or discontinue features of the Product, including to meet security, legal or SAP Store requirements. The Customer must install updates AIS marks as security-critical within a reasonable period.
The Customer must not, and must not permit any End User or third party to:
AIS processes Personal Data in line with the Digital Personal Data Protection Act, 2023 and the rules made under it, as in force from time to time.
4.1 Roles. For Personal Data that the Customer or its End Users put into the Product, the Customer is the Data Fiduciary and AIS acts as a Data Processor on the Customer’s documented instructions. For limited account, billing and security data that AIS collects about the Customer’s own users, AIS is a Data Fiduciary.
4.2 Customer responsibilities. The Customer is solely responsible for:
4.3 AIS commitments. AIS will:
4.4 Cross-border transfers. The Product may run on infrastructure outside India. The Customer is responsible for confirming that such transfers are permitted for its data under the DPDP Act and any restriction the Government of India notifies.
4.5 Grievance redressal. Data Principals may raise a grievance about AIS’s handling of their Personal Data with the Grievance Officer named in Section 10. AIS will acknowledge and address grievances within the period Applicable Law prescribes.
5.1 Security practices. AIS maintains reasonable security practices and procedures for the Product, as required by the IT Act and the rules made under it, including documented information security policies, access controls, vulnerability management and incident response.
5.2 Incident reporting. AIS will report cyber security incidents to the Indian Computer Emergency Response Team (CERT-In) where the IT Act and CERT-In directions require it. The Customer must tell AIS without delay if it suspects an incident involving the Product, and must meet its own reporting duties as an entity using the Product.
5.3 Unauthorised access and misuse. Unauthorised access to, damage to, or disruption of the Product or any computer system, and any data theft, identity theft, impersonation or introduction of malicious code through the Product, may be an offence under the IT Act. AIS will report and cooperate with law enforcement and regulators in such cases.
5.4 Lawful requests. AIS may preserve, and where legally compelled disclose, information to courts, law enforcement or government agencies that act under the IT Act or other Applicable Law. AIS will, where lawful, tell the Customer about the request.
5.5 Electronic records. Electronic records, logs and communications maintained by AIS may be used as evidence of the Customer’s use of the Product, to the extent the IT Act and the Bharatiya Sakshya Adhiniyam, 2023 allow.
5.6 Customer duty. The Customer must use the Product in compliance with the IT Act and keep its own users’ credentials, devices and networks secure.
6.1 Reservation of right. AIS reserves the right to protect the Product, its infrastructure, its intellectual property, and other customers and third parties against Malicious Use, at any time and at its sole discretion.
6.2 Measures. To do so, AIS may, with or without prior notice where the risk is urgent:
6.3 No liability for safeguarding action. AIS is not liable for any loss, interruption or damage the Customer or any End User suffers because AIS acted in good faith under this Section.
6.4 Cooperation. The Customer must cooperate with AIS’s reasonable requests during any investigation, including by providing logs, deployment details and access to relevant personnel.
7.1 No control. Once the Product is deployed, AIS does not operate the Customer’s environment and has no control over how the Customer or any End Customer uses the Product, what data they enter, what decisions they take with its outputs, or what they do with those outputs. AIS does not review, approve or supervise that use.
7.2 Customer responsibility. The Customer is fully responsible for the acts and omissions of its End Users and any third party who uses the Product through its deployment, as if they were the Customer’s own. The Customer must put in place its own acceptable use policy, access controls, training and monitoring for them.
7.3 No liability for misuse. AIS is not liable for any loss, damage, claim, penalty, regulatory action or third-party grievance that arises from malicious, unlawful, negligent or unwarranted use of the Product by the Customer, an End User or any other person. This applies to use that breaches these Terms and to use AIS has not authorised.
7.4 No duty to explain or justify. AIS has no obligation to explain, justify, defend or account for the conduct of any End Customer or third party, or for any outcome of Malicious Use or unwarranted use. AIS’s safeguarding action under Section 6 does not make AIS responsible for use it did not detect or prevent.
7.5 Outputs and decisions. Where the Product generates recommendations, analysis or other outputs, including with AI, they are provided as decision support only. The Customer must review them before relying on them and is solely responsible for any decision it takes.
8.1 Ownership. The Product, including its software, code, models, prompts, workflows, templates, designs, documentation, trade names and trademarks, and all improvements to them, belong to AIS or its licensors. These Terms give the Customer no ownership right. All rights not expressly granted are reserved.
8.2 Customer data. The Customer keeps ownership of its own data. It grants AIS a limited right to process that data to provide, secure and support the Product.
8.3 Reservation of right to take legal action. AIS reserves the right to take any legal action available to it under Applicable Law, in India or elsewhere, against any person who:
8.4 Remedies. Such action may include injunctions, orders for account of profits, damages, recovery of costs, criminal complaints, and proceedings to enforce the indemnity in Section 9. These remedies are in addition to, and not in place of, any other right AIS has under law or contract.
8.5 Equitable relief. The Customer agrees that a breach of Sections 3 or 8 may cause AIS harm that damages cannot fully repair, and that AIS may seek urgent interim or injunctive relief from a competent court without first giving notice or posting security, to the extent the court allows.
9.1 Customer indemnity. The Customer will defend, indemnify and hold harmless AIS, its directors, officers, employees and affiliates from all claims, losses, damages, penalties, fines, costs and expenses, including reasonable legal fees, that arise from:
9.2 Process. AIS will give the Customer prompt notice of any claim it wishes to refer under Section 9.1. AIS may take part in the defence with its own counsel. The Customer must not settle a claim that imposes an obligation on AIS without AIS’s written consent.
9.3 Disclaimer. The Product is provided on an “as is” and “as available” basis. To the fullest extent Applicable Law allows, AIS disclaims all warranties not expressly stated in these Terms, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, and the accuracy of any AI-generated output.
9.4 Limitation of liability. To the fullest extent Applicable Law allows, AIS is not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill or data. AIS’s total liability under or in connection with these Terms is limited to the fees the Customer paid for the Product in the twelve (12) months before the event that gave rise to the claim.
9.5 Exceptions. Nothing in these Terms excludes liability that cannot be excluded under Applicable Law. Sections 9.3 and 9.4 do not limit the Customer’s liability under Section 9.1 or for breach of Sections 3 and 8.
10.1 Term and termination. These Terms apply for the subscription term on the SAP Store. AIS may suspend or terminate access immediately if the Customer breaches Sections 3, 6 or 8 or engages in Malicious Use. Either party may terminate for the other’s material breach that remains uncured thirty (30) days after written notice. On termination the Customer must stop using the Product and delete all copies in its control. Sections 4, 7, 8, 9 and 10 survive termination.
10.2 Governing law. These Terms are governed by the laws of India.
10.3 Dispute resolution. The parties will first try to resolve any dispute through good-faith discussion between senior representatives for thirty (30) days. If it is not resolved, the dispute will be finally settled by arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement or, failing that, as the Act provides. The seat and venue of arbitration is Pune, and the language is English.
10.4 Jurisdiction. Subject to Section 10.3, and for interim relief and enforcement, the courts at Pune, Maharashtra have exclusive jurisdiction. AIS may also seek urgent relief from any court that has jurisdiction over the infringer or the infringing activity.
10.5 Grievance Officer. In line with the IT Act and the DPDP Act, grievances about the Product or about the handling of Personal Data may be sent to:
10.6 Changes. AIS may update these Terms from time to time. The updated Terms apply from the date AIS publishes them on the SAP Store listing or notifies the Customer, and continued use after that date means acceptance.
10.7 General. These Terms, with any signed agreement and the order, form the entire agreement on their subject. If any provision is held unenforceable, the rest stays in force. A failure to enforce a right is not a waiver. The Customer may not assign these Terms without AIS’s written consent, and AIS may assign them to an affiliate or a successor to its business. Notices to AIS must be sent in writing to the address or email in Section 10.5.