Terms of Service
These terms govern your use of Proto Corp websites, software, cloud services, mobile applications and devices. Please read them carefully.
1. About these terms
These Terms of Service ("Terms") form a binding agreement between you and PROTO CORP PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 of India, having its registered office at [Registered office address], India ("Proto Corp", "we", "us" or "our"). They apply to all our websites, software-as-a-service products (including ProtoMedia), downloadable and mobile applications, hardware devices and related services (together, the "Services").
By accessing or using the Services, you confirm that you have read, understood and agree to these Terms and our Privacy Policy. If you use the Services on behalf of an organisation, you confirm that you are authorised to bind that organisation, and "you" refers to that organisation. This document is an electronic record under the Information Technology Act, 2000 and does not require a physical or digital signature.
Some Services may be subject to additional terms, an order form or a separate enterprise agreement. If those conflict with these Terms, the additional terms prevail for that Service.
2. Eligibility
You must be at least 18 years old and capable of entering into a legally binding contract under the Indian Contract Act, 1872 to use the Services. If you are under 18, you may use the Services only with the verifiable consent and supervision of a parent or lawful guardian.
3. Accounts
- You must provide accurate, current and complete information when creating an account and keep it up to date.
- You are responsible for keeping your credentials, API keys and auth-keys confidential and for all activity under your account.
- Notify us immediately at support@protocorp.in of any unauthorised access or security breach.
- You can close your account at any time. See Account & Data Deletion.
4. Use of the Services
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your lawful internal purposes. You agree not to:
- violate any applicable law, including the Information Technology Act, 2000 and rules made under it;
- upload, stream, transcode or distribute content that is unlawful, infringing, obscene, defamatory, or harmful to minors;
- use our malware analysis tools to develop, improve, distribute or deploy malicious software, or to attack systems you are not authorised to test;
- reverse engineer, decompile or attempt to extract source code, except where permitted by law;
- interfere with, disrupt, overload or circumvent the security or usage limits of the Services;
- resell, sublicense or provide the Services to third parties without our written consent;
- use the Services to send spam or to collect personal data of others without a lawful basis.
We may suspend or restrict access to the Services if we reasonably believe you are breaching this section, or if required by law or a lawful order of a government authority.
5. Your content
You retain all rights in content, media, files, samples and data you submit to the Services ("Customer Content"). You grant us a limited licence to host, process, transmit, transcode, analyse and display Customer Content solely to provide, secure and support the Services. You are responsible for having all rights and consents needed for Customer Content.
Files submitted for malware analysis may be executed in isolated environments. Do not submit files containing personal data unless necessary, and only where you have a lawful basis to do so.
6. Fees, billing and taxes
- Paid Services are billed in advance on the plan and billing cycle you select, unless your order form states otherwise.
- Prices are exclusive of Goods and Services Tax (GST) and other applicable taxes, which will be charged in addition where applicable.
- Payments are processed by third-party payment providers. We do not store your full card details.
- Subscriptions renew automatically until cancelled. Cancellations and refunds are governed by our Cancellation & Refunds policy.
- We may change prices with at least 30 days' notice; changes apply from your next billing cycle.
7. Hardware devices
Hardware purchases are also subject to our Shipping & Delivery and Cancellation & Refunds policies and any warranty provided with the device. Title and risk pass to you on delivery. Firmware and embedded software remain licensed, not sold.
8. Mobile applications and app stores
If you download our applications from the Apple App Store, Google Play or another app marketplace (an "App Store"), the following also applies:
- These Terms are between you and Proto Corp only, not the App Store provider. Proto Corp, not the App Store provider, is solely responsible for the application and its content.
- Your licence to use the application is limited to use on devices you own or control, as permitted by the App Store's usage rules.
- The App Store provider has no obligation to provide maintenance or support for the application.
- If the application fails to conform to any applicable warranty, you may notify the App Store provider, which may refund the purchase price (if any). To the maximum extent permitted by law, the App Store provider has no other warranty obligation.
- Proto Corp, not the App Store provider, is responsible for addressing any claims relating to the application, including product liability, legal or regulatory non-compliance, consumer protection and intellectual property infringement claims.
- You confirm that you are not located in a country subject to embargo, and you are not on any list of prohibited or restricted parties.
- Apple Inc. and its subsidiaries (or Google LLC, as applicable) are third-party beneficiaries of these Terms and may enforce them against you as they relate to the application.
- In-app purchases made through an App Store are subject to that App Store's payment and refund terms.
9. Intellectual property
The Services, including software, algorithms, models, hardware designs, documentation, trademarks and logos, are owned by Proto Corp or its licensors and are protected by Indian and international intellectual property laws. Nothing in these Terms transfers ownership to you. If you send us feedback, we may use it without obligation to you.
10. Third-party services
The Services may integrate with or link to third-party platforms (for example streaming destinations, cloud providers or payment gateways). Your use of those services is governed by their own terms, and we are not responsible for them.
11. Availability and changes
We work to keep the Services available and secure, but they are provided on an "as is" and "as available" basis. We may modify, suspend or discontinue features with reasonable notice where practicable. Service levels, if any, are defined in your order form or enterprise agreement.
12. Disclaimers
To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Malware analysis results are provided to assist your security decisions and do not guarantee detection of every threat.
13. Limitation of liability
To the maximum extent permitted by law, Proto Corp will not be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or goodwill. Our total liability for any claim relating to the Services is limited to the amount you paid us for the relevant Service in the 12 months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including your rights under the Consumer Protection Act, 2019.
14. Indemnity
You agree to indemnify Proto Corp against claims, losses and expenses (including reasonable legal fees) arising from your Customer Content, your breach of these Terms, or your violation of law or third-party rights.
15. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms and fail to cure the breach within 15 days of notice, immediately where required by law or to prevent harm, or if fees remain unpaid. On termination, your right to use the Services ends and we will handle your data as described in our Privacy Policy.
16. Governing law and disputes
These Terms are governed by the laws of India. We encourage you to first contact us through our Support & Grievances page so we can try to resolve any concern. Disputes that cannot be resolved within 30 days will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be [City], India, and proceedings will be in English. Subject to this, the courts at [City] have exclusive jurisdiction. Nothing here prevents a consumer from approaching a consumer commission under the Consumer Protection Act, 2019.
17. Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new effective date and, for material changes, notify you by email or in the Services. Continued use after changes take effect means you accept the updated Terms.
18. General
If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
19. Contact
Questions about these Terms can be sent to: