COOKIESSPACE - TERMS

Effective Date:

01/01/26

These Terms (“Agreement” or “Terms”) govern the access and use of all Cloud Infrastructure, Platform Services, APIs, Virtual Machines, Storage, Network, Developer Tools, and related services (“Services”) provided by CookiesSpace Private Limited, a company incorporated under the laws of India, having its registered office at 3A2 Christo Tower, West Lutheran Street, Nagercoil – 629001, Tamil Nadu, India (“CookiesSpace”, “we”, “our”, “us”).

By creating an account, accessing, or using the Services, the User (“Customer”, “You”) agrees to be bound by this Agreement.

If you are accepting on behalf of a user, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand this TC; and (iii) you agree, on behalf of the person or a legal entity or an enterprise that you represent, to this TC

You should check this page regularly to take note of any changes we may have made to the Terms of Service.

1. DEFINITIONS

1.1 “Customer Data” means all data, content, code, files, logs, configurations, personal data or business data uploaded or processed by the Customer.

1.2 “Personal Data” means any data defined under the Digital Personal Data Protection Act, 2023 (DPDP Act).

1.3 “Support Plan” means the tiered technical support levels purchased by the Customer.

1.4 “India Region” and “Non-India Region” refer to server locations chosen by Customer.

2. SCOPE OF SERVICE & ELIGIBILITY

2.1 CookiesSpace provides IaaS, PaaS, Compute, Storage, Network, API Gateways, Development Tools, and related cloud services as selected by the Customer.

2.2 Customers may choose India-only, India + International, or International-only data regions depending on service availability.

2.3 Eligibility: By agreeing to these Terms, you represent and warrant to us: (i) that you have not previously been suspended or removed from the Websites and Online Services and (ii) that your use of the Cookiesspace Website, portals and Online Services is in compliance with any and all applicable laws and regulations.

3. ACCOUNT CREATION & CUSTOMER OBLIGATIONS

3.1 Customer must provide accurate KYC information, including name, address, contact, and business details, as required under CERT-In Directions (2022) during account creation.

3.2 Customer must maintain confidentiality of login credentials.

3.3 Customer must notify CookiesSpace within 24 hours of any unauthorized access.

3.4 Customer must comply with:

3.5 CookiesSpace may review Customer Data only as required:

  • To comply with lawful government orders
  • For security incident investigation
  • For troubleshooting with Customer consent

3.6 User Confines.

User will have to strictly adhere to the acceptable use policy. Any violation of AUP will be treated as abuse of Service and such user's agreement with us will be revaluated with a short notice. If the violation continues, the user will face termination of contract, consequently denial of access to Services.

4. UPDATES TO TERMS & SERVICES

4.1 Material changes to this Terms will be notified 30 days in advance.

4.2 New features take effect immediately upon release.

4.3 SLA updates will be notified 60 days in advance.

4.4 If Customer does not agree to revised terms, Customer may discontinue the Services.

5. DATA PROTECTION (DPDP ACT COMPLIANCE)

5.1 Purpose of Data Processing

CookiesSpace processes Personal Data solely for:

  • Providing cloud services
  • Account management, billing, authentication
  • Security, logging, and troubleshooting
  • Compliance with Indian legal requirements

5.2 User Rights

Under DPDP Act, Customer has rights to:

  • Access
  • Correction
  • Erasure
  • Grievance Redressal
  • Withdrawal of consent

Requests can be made to:

mail-icongrievance@cookiesspace.com

5.3 Data Retention

Logs and customer identity information are retained for minimum 5 years as required by CERT-In Directions.

5.4 Cross-Border Data Transfer

Allowed only to jurisdictions permitted by Government of India. Customer acknowledges that selecting a non-India region results in data being stored outside India.

5.5 Security Safeguards

CookiesSpace implements:

  • Encryption at rest & transit
  • Network isolation
  • Multi-layer access control
  • Industry-standard security practices

5.6 Data Breach Notification

  • To CERT-In within 6 hours, as legally required
  • Customer will also be notified promptly

6. CERT-IN COMPLIANCE

CookiesSpace will:

  • Maintain logs for 180 days minimum in India
  • Synchronize clocks with NTP servers
  • Preserve user information for 90 days upon government request
  • Report security incidents to CERT-In as mandated

Customer must cooperate with CookiesSpace or law enforcement as required by law.

7. SERVICE INTERRUPTION

7.1 CookiesSpace may temporarily suspend services if:

  • Required by law
  • External or Internal Security threat detected
  • Security assessment or Scheduled maintenance
  • Non-payment
  • Violation of AUP or Terms:

    Trespassing the Acceptable Use Policy (AUP).

    If CookiesSpace becomes aware that User's or any User End User's use of the Services trespasses the AUP, CookiesSpace may issue a notice of caution to the User. If User fails to accommodate the caution and take necessary steps to get in track with the AUP within 24 hours, then CookiesSpace will temporarily disconnects all or part of User's use of the Services until the user assures CookiesSpace that such trespassing will not happen during the future contractual endeavours with CookiesSpace

    Abuse that threatens system stability

    CookiesSpace may immediately interrupt and deny all or part of User's use of the Services if: (a) CookiesSpace believes User's use of the Services could unfavourably impact Cookiesspace’s Services, other User's use of the Services, or the CookiesSpace network or servers used to provide the Services; (b) a suspicious unauthorized third party gains access to the services through the user’s account; (c) CookiesSpace believes it is required to withhold services to the User immediately to conform to the Indian law. In such a case, CookiesSpace will issue a notice of Interruption or termination of its services via a suitable communication, depending on the severity of the circumstance.

7.2 Except in emergencies, CookiesSpace will provide prior notice.

8. THIRD-PARTY SOFTWARE

Any third-party software is governed by respective licence terms. In the event of conflict, third-party licence terms override.

9. INTELLECTUAL PROPERTY

9.1 Each party retains ownership of its own intellectual property.

9.2 Customer retains full ownership of Customer Data.

9.3 Customer grants CookiesSpace a limited licence to process Customer Data only for service delivery.

10. BILLING, FEES & TAXES

10.1 Billing Models

CookiesSpace offers:

  • Prepaid billing
  • Post-paid usage billing
  • Hybrid billing

10.2 GST & Invoicing

Invoices will include:

  • GSTIN
  • HSN/SAC codes
  • Place of supply
  • GST breakup
  • Reverse charge (if applicable)

10.3 Late Payments

Interest up to 1.5% per month or maximum allowed by law.

10.4 Refund Policy (CPA 2019 Compliant)

  • Refunds permitted only for prepaid unused balances unless prohibited by law
  • Refunds will be issued via credit note & GST-compliant documentation
  • No cash refunds except where mandated by law

11. TECHNICAL SUPPORT (TIERED)

Support levels include:

  • Basic Support
  • Standard Support
  • Premium Support

Each tier follows response and resolution times defined in the separate Support Policy.

12. DISCLAIMER & LIMITATION OF LIABILITY

12.1 Services are provided “as is”.

12.2 CookiesSpace is not liable for:

  • Indirect or consequential damages
  • Loss of profits or revenue
  • Data loss due to customer actions

12.3 Total liability is limited to 12 months’ fees paid prior to claim if valid proof is presented that Cookiesspace is responsible toward the liability created.

12.4 Restrictions do not apply to:

  • Fraud
  • Wilful misconduct
  • IP infringement
  • Legal obligations under Indian law

13. INDEMNITY

Customer shall indemnify CookiesSpace against third-party claims arising from:

  • Customer applications
  • Customer-provided data
  • Breach of AUP
  • Violation of law

CookiesSpace will indemnify Customer for third-party IP infringement claims * exclusions and conditions apply on a case to case basis. E.g. Limited liability based on the region, combination claims etc.

14. CONFIDENTIALITY

Each party agrees to protect confidential information with reasonable safeguards.

Disclosure allowed only:

  • With consent
  • To government agencies when required by law
  • To legal advisors under NDA

15. TERMINATION

15.1 Customer may terminate with 30 days’ notice.

15.2 CookiesSpace may terminate with or without notice for:

  • Breach
  • Abuse
  • Non-payment
  • Legal prohibition

15.3 Upon termination:

  • Access to services is revoked
  • Customer must download their data within 15 days
  • LCookiesSpace will delete Customer Data after statutory retention

16. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement is governed by the laws of India. Jurisdiction: Courts of Tamil Nadu, India.

17. MISCELLANEOUS

  • No partnership or agency created
  • If any clause is invalid, others remain enforceable
  • Modifications require written acceptance