Usage Agreement

1. Introduction

This Usage Agreement ("Agreement") governs your interaction with the software, platforms, and technical services provided by Himalya NextGen Technologies Pvt. Ltd. This agreement is designed to ensure a secure, reliable, and respectful environment for all our clients and partners.

2. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with this Agreement. You are responsible for all activities that occur under your account or during your project engagement.

Acceptable use includes:

• Using development environments for their intended testing and staging purposes.
• Providing accurate and complete information for project scoping and execution.
• Complying with the specific resource limits and quotas defined in your Service Level Agreement (SLA).

3. Prohibited Activities

You are expressly prohibited from:

• Using our services to develop or distribute malware, ransomware, or any malicious code.
• Attempting to gain unauthorized access to our source code repositories, internal systems, or other clients' data.
• Engaging in activities that disrupt the performance or integrity of our cloud infrastructure.
• Reverse engineering, decompiling, or disassembling any of our proprietary tools or frameworks without explicit authorization.
• Using our services for any activity that violates local, state, national, or international law.

4. Service-Specific Terms

4.1 Software Development

Clients must provide clear requirements and timely feedback. We are not responsible for delays caused by the lack of Client-provided resources or third-party API failures.

4.2 Cloud & Hosting

Our cloud services are governed by the uptime commitments in your specific contract. Excessive resource usage beyond agreed limits may result in additional charges or temporary throttling.

5. User Content & Data

You retain all rights to the data and content you provide to us. However, you grant us a limited, worldwide, non-exclusive license to use, host, and process this content solely for the purpose of providing the services agreed upon.

6. Software Licenses

Our deliverables may include various software components:

• Custom Code: Licensed to you upon final payment as per the Terms of Use.
• Open Source: Subject to their respective licenses (e.g., MIT, Apache, GPL). We will provide a complete list of third-party dependencies used in your project.
• Proprietary Frameworks: Use of Himalya NextGen's internal frameworks is granted under a non-exclusive, non-transferable license unless otherwise specified.

7. Support and Maintenance

Post-deployment support is provided according to the maintenance plan selected by the Client. Standard support hours are 10:00 AM to 7:00 PM IST, Monday through Friday, excluding Indian public holidays.

8. Service Modifications

We constantly evolve our development stack and service offerings. We reserve the right to upgrade technologies, migrate cloud providers, or modify service interfaces to improve performance and security.

9. Monitoring and Enforcement

We reserve the right to monitor usage of our development environments and cloud platforms to ensure compliance with this Agreement. We may take action against any account or project that violates these terms.

10. Suspension and Termination

We may suspend or terminate your access to our services immediately, without prior notice or liability, if you breach any term of this Agreement. Upon termination, your right to use our proprietary tools and development environments will cease immediately.

11. Feedback and Suggestions

Any feedback, comments, or suggestions you provide regarding our services is entirely voluntary. We are free to use such feedback as we see fit and without any obligation to you.

12. Beta Testing & Early Access

From time to time, we may offer early access to new features or experimental technologies ("Beta Features"). Beta Features are provided "as-is" for testing purposes and may contain bugs or lead to data loss. Use of Beta Features is at your own risk.

13. Compliance with Laws

You represent and warrant that your use of our services will comply with all applicable laws and regulations, including those related to data protection, intellectual property, and cybersecurity.

14. Export Control

You may not use our services if you are a resident of a country embargoed by India or the United Nations, or are a foreign person or entity blocked or denied by the Indian government.

15. Contact

For any inquiries regarding this Usage Agreement, please contact our operations team at info@himalyanextgen.com.