Terms of Service
Effective Date: 27/3/2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Client", or "Data Fiduciary") and Aquarious Technology Private Limited ("Company", "we", "us"), a private limited company incorporated under the Companies Act, 2013, having its registered office in Kolkata, West Bengal, India.
By accessing or subscribing to our product Aqua Consento, you agree to comply with applicable laws, including but not limited to the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 (DPDP Act).
1. Role of Parties under DPDP Act
In the context of the Services provided:
- You (The Client) act as the "Data Fiduciary" who determines the purpose and means of processing personal data of your end-users ("Data Principals").
- We (Aqua Consento) act as a "Data Processor" acting on behalf of the Data Fiduciary to collect, record, organization, and store consent artifacts.
2. Services & License
We grant you a revocable, non-exclusive, non-transferable, limited license to usage the Aqua Consento platform solely for managing consents in compliance with Indian regulations. You acknowledge that "Aqua Consento" is a tool to assist in compliance, but the ultimate responsibility for compliance rests with you as the Data Fiduciary.
3. Data Fiduciary Obligations
You represent and warrant that:
- You shall provide a clear, plain-language privacy notice to Data Principals as required by Section 5 of the DPDP Act.
- You shall not use the platform to collect consent for unlawful purposes or purposes not specified in your notice.
- You are responsible for responding to Data Principal rights requests (correction, erasure, grievance) forwarded through our platform.
4. Indemnification
You agree to indemnify and hold harmless Aquarious Technology Private Limited from any penalties, fines, or damages imposed by the Data Protection Board of India or courts arising from your failure to comply with the DPDP Act or misrepresentation of data collection purposes.
5. Limitation of Liability
Our liability is limited to the subscription fees paid by you in the 12 months preceding the claim. We are not liable for any consequential losses, including fines levied for non-compliance, unless caused by our willful misconduct or gross negligence in processing data.
6. Governing Law & Jurisdiction
These Terms shall be governed by the laws of the Republic of India. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Kolkata, West Bengal.
7. Contact Information
Notices or questions regarding these Terms should be directed to:
Legal Department
Aquarious Technology Private Limited
Kolkata, India
Email: legal@aquaconsento.com