Terms and Conditions

Terms and Conditions

Welcome to SpectraCloud, a division of Spectra Technologies India Private Limited. Thank you for choosing our services. These Terms and Conditions (“Terms”) govern your use of our website, services, and infrastructure solutions. Please read them carefully, because they describe what you can expect from us — and what we expect from you in return.

By using this website or any of our services, you (“you” or “Customer”) agree to these Terms. If you do not agree, please do not use our services or website.

1. Who We Are

SpectraCloud provides data centre infrastructure, virtual servers, cloud hosting, storage, and managed IT solutions under the brand SpectraCloud.

We focus on reliable, secure, and cost-efficient cloud infrastructure designed to help businesses run their operations smoothly.

We act purely as a service provider and infrastructure host — offering compute, storage, and network platforms for customers to build upon.

2. How These Terms Work

These Terms form a legally binding agreement between you and Spectra Technologies India Private Limited (“SpectraCloud”, “we”, “our”, or “us”).

They apply to all visitors, users, and customers who access or use our website or services.

We may update these Terms occasionally to reflect changes in our business, services, or applicable laws.

When we do, the “Last Updated” date above will change. Continuing to use our website or services means you accept the revised Terms.

3. Your Responsibility as a Customer

When you use SpectraCloud’s servers or hosting infrastructure, you are responsible for everything you upload, install, or run.

This includes your data, applications, software, and configuration.

You agree that:

• You will use our infrastructure only for lawful purposes.
• You will not upload or distribute anything that infringes copyrights, privacy, or intellectual property.
• You will not host or share any harmful, offensive, or illegal content.
• You will ensure that your systems, applications, and users follow all applicable laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 (DPDPA 2023).

4. Software, Licensing, and Legal Ownership

SpectraCloud gives you the platform — the servers, bandwidth, and technical environment.

What you install on that platform is entirely your choice and responsibility.

That means:

• If you install or use any software, operating system, script, or application, it is your duty to ensure it is genuine and properly licensed.
• We do not check or verify whether the software you install is legal, open-source, trial, or pirated.
• Any legal, civil, or criminal liability arising from use of unlicensed or pirated software lies completely with you, the Customer.

If a regulatory body, copyright owner, or government agency raises any issue about unlicensed or unauthorized software, the Customer will be solely responsible for resolving it — and SpectraCloud will be fully indemnified from all consequences.

5. Data Ownership and Control

All data that you upload or store with us remains 100% your property.

You decide what data is stored, where it’s stored, and how it’s used.

SpectraCloud does not claim ownership of your data and does not access, review, or monitor its contents except when required by law or for maintenance purposes.

However, because you own the data:

• You are responsible for ensuring that the data is lawful, accurate, and compliant with the DPDPA 2023 or any other applicable data protection laws.
• You are responsible for how your data is collected, processed, shared, or disclosed — even if the processing happens through our infrastructure.
• You must obtain all necessary consents from individuals whose data you process.

In simpler words — you control your data, but you also bear full responsibility for it.

6. Responsibility for Data Security and Breaches

SpectraCloud follows industry-standard security practices to protect its servers and network infrastructure.

We maintain firewalls, monitoring systems, and access controls to safeguard against common threats.

However, because the servers are controlled by the Customer, SpectraCloud cannot control or prevent security risks arising from your software, websites, or configurations.

Therefore:

• You are responsible for keeping your virtual machines, applications, and data secure.
• Any security breach, data theft, leak, or exposure — whether accidental or intentional — originating from your end is your responsibility.
• If your system, code, or credentials are compromised and data is made public, SpectraCloud will not be held liable.
• You agree to indemnify SpectraCloud from any loss, penalty, or government action that arises from such incidents.

SpectraCloud’s role is limited to providing the infrastructure; we are not the “data fiduciary” or “controller” under the DPDPA.

We are a “Service Provider” as defined under Indian IT and data protection laws.

7. What Happens If Something Goes Wrong

We do our best to keep our services available 24x7.

That said, no online service is completely free of downtime, bugs, or interruptions.

SpectraCloud provides its services on an “as-is” and “as-available” basis, without warranties of any kind.

We do not guarantee that:

• Our services will always be uninterrupted or error-free.
• Your data will never be lost due to external events or misconfiguration.
• Our servers will be compatible with every software or use case.

In case of service disruption, we’ll make every reasonable effort to restore operations quickly — but we cannot be held responsible for indirect losses such as loss of business, profit, or data.

Our maximum liability, under any circumstance, will never exceed the total service fees paid by you in the 12 months preceding the claim.

8. Payments and Billing

All charges, rates, and payment terms are specified in your order form or service agreement.

Payments must be made on or before the due date.

Delayed payments may result in temporary suspension or termination of your services.

All fees are exclusive of taxes unless otherwise stated.

Applicable taxes (GST or otherwise) will be charged as per prevailing law.

9. Indemnification

You agree to protect and hold harmless SpectraCloud, its directors, employees, and partners from any claim, loss, damage, or legal cost arising from:

• Your misuse of the Services or violation of these Terms;
• Use or possession of unlicensed or pirated software;
• Any data breach or exposure resulting from your actions;
• Any non-compliance with Indian data protection or IT laws;
• Any third-party complaint about your hosted content or system activity.

This clause survives even after your services end.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of India.

All disputes, claims, or proceedings shall be subject to the exclusive jurisdiction of the competent courts at Jagadhri, Haryana, India, where Spectra Technologies India Private Limited is registered.

11. Force Majeure

Sometimes, events happen beyond anyone’s control — like power failures, cyberattacks, natural disasters, or government restrictions.

If such an event prevents us from providing the Services temporarily, we won’t be considered in breach of contract.

We’ll always make reasonable efforts to resume operations as soon as conditions allow.

12. Termination of Services

You may discontinue our services at any time as per your plan or agreement.

We may also suspend or terminate your access if:

• You breach these Terms or fail to make payments;
• Your activity violates applicable laws; or
• We receive a lawful order or notice requiring us to do so.

Upon termination, your data may be deleted after a defined retention period.

13. Contact Information

If you have any questions, legal concerns, or notices, you may contact us at:

Spectra Technologies India Private Limited
Email: legal@spectracloud.com

We value transparency, and our team will respond to all legitimate concerns promptly and professionally.