TERMS AND CONDITIONS – (END USER LICENSE AGREEMENT) EULA

Version: 2.0
Effective Date: 18 February 2026

Welcome to InnoMaint®. InnoMaint® is a product wholly owned by Pinnacle Infotech Solutions following its acquisition in 2025. Pinnacle Infotech Solutions is the exclusive licensor and operator of the InnoMaint platform. These Terms and Conditions (“Terms”) govern the access to and use of the Computerized Maintenance Management System (CMMS) and related services branded as InnoMaint, provided by Pinnacle Infotech (hereinafter referred to as the “Company”, “Pinnacle Infotech”, “InnoMaint”, “we”, “us” or “our”).

Pinnacle Infotech provides InnoMaint in the form of Software-as-a-Service (SaaS), on-premise deployment, and/or perpetual license models, together with associated support, maintenance, and professional services, as may be applicable.

These Terms apply to all variants and modules of the InnoMaint CMMS, including but not limited to:

1. Field Service Management Software (FSM)
2. Asset Maintenance Software (AMS)
3. Asset Maintenance Software (AMS) integrated with IoT solutions
4. Asset Maintenance Software (AMS) integrated with Digital Twin technology

Binding Nature of the Agreement

By accessing, browsing, registering for, subscribing to, downloading, installing, or using the InnoMaint software, platform, services, or website (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms, whether or not you create an account or execute a separate written agreement.

These Terms constitute a legally binding contract between:

the corporate entity or organization on whose behalf the Services are accessed or used (referred to as the “Customer”, “Client”, “Subscriber”, “You” or “Your”), and

Pinnacle Infotech, having its registered office at Sahid Sukumar Banerjee Sarani, Bidhannagar, Durgapur, West Bengal – 713212, India, and delivery centre at Plot No. 5, 6, 7, 8, & 13 ELCOT IT Park, Madurai-Theni Road, Near Madurai Kamaraj University, Vadapalanji, Madurai, Tamil Nadu – 625021, India.

If you are accessing or using the Services on behalf of a company, partnership, institution, or other legal entity, you represent and warrant that you are duly authorized to bind such entity to these Terms, and such entity shall be responsible for compliance with these Terms.

These Terms shall be read together with, and are supplemented by:

• The Privacy Policy available at https://innomaint.com/privacy-policy/
• The Pricing Agreement, Service Level Agreement (SLA), and any other service-specific terms

In the event of any conflict, the terms of the applicable Pricing Agreement or Order Form shall prevail to the extent of such conflict.

1. DEFINITIONS & COMMERCIAL DOCUMENTS

1.1 Quote: “Quote” means a non-binding quotation issued by InnoMaint, at no cost, in response to a request from the Customer, setting out indicative pricing, scope, and commercial terms for the Services. A Quote shall not create any binding obligation unless expressly accepted by InnoMaint in writing or incorporated into an executed Pricing Agreement or Order Form.

1.2 Pricing Agreement: “Pricing Agreement” means a separate written agreement, order form, or commercial arrangement (including those executed electronically or by digital signature) entered into between the Customer and InnoMaint for the purchase of a subscription or license to the Services, as may be referenced at https://innomaint.com/pricing/ or otherwise agreed in writing.

The Pricing Agreement shall set out the applicable subscription plan, pricing structure, billing frequency, payment terms, and commercial conditions.

1.3 Related Policies: The Customer acknowledges that Pricing Agreement, Privacy Policy, and Service Level Agreement (SLA) are maintained as separate and independent documents, each governing specific aspects of the commercial and operational relationship. This document constitutes the general Terms and Conditions governing access to and use of the InnoMaint software and Services.

In the event of any inconsistency, the following order of precedence shall apply:

Applicable Pricing Agreement / Order Form

Service Level Agreement (if applicable)

Privacy Policy

These Terms and Conditions

1.4 Subscription Fees: “Subscription Fee” means the fees payable by the Customer to InnoMaint for the right to access and use the Services, whether on a monthly, quarterly, annual, or multi-year basis, as specified in the applicable Pricing Agreement, Quote, Order Form, or invoice. All Subscription Fees are payable in advance and are subject to the payment terms set forth in the applicable commercial document.

2. FREE TRIALS, BETAS & EVALUATION USE

2.1 Grant of Trial Access

InnoMaint may, at its sole discretion, grant the Customer access to a free trial or beta version of the software (“Trial Services”) for evaluation purposes only. Trial Services may include limited or full functionality, as determined by InnoMaint.

2.2 Purpose & Duration

Trial Services are provided solely for internal evaluation to assess the suitability of the Services for potential purchase. The trial period shall be for the duration specified by InnoMaint, or if not specified, up to fourteen to thirty (14 – 30) days.

2.3 Restrictions

The Customer shall not:

1. Use Trial Services for production, commercial, or revenue-generating purposes;
2. Attempt to bypass or circumvent any technical limitations, usage caps, or access controls;
3. Copy, modify, reverse engineer, or otherwise misuse the Trial Services.

Any violation may result in immediate suspension or termination of access and may constitute a breach of InnoMaint’s intellectual property rights.

2.4 Nature of Trials & Betas

Trial and Beta Services:

1. Are provided on an “AS IS” and “AS AVAILABLE” basis;
2. May be incomplete, experimental, unstable, or subject to change;
3. May contain features that are not intended for general release; and
4. Constitute Confidential Information of Pinnacle Infotech.

InnoMaint makes no representations or warranties with respect to Trial or Beta Services and shall have no liability for any loss, damage, or harm arising from their use, modification, suspension, or discontinuation.

2.5 Discontinuation & Conversion

InnoMaint reserves the right to modify, suspend, or discontinue Trial or Beta Services at any time, with or without notice, and without liability.

Upon expiry of the trial period, the Customer shall elect whether to:

• Enter into a paid subscription or license; or
• Discontinue use of the Services.
• Any continued access or extension beyond the trial period shall be subject to additional fees and execution of a Pricing Agreement.
• Transition to Paid Subscription

If the Customer purchases a paid subscription or license, these Terms shall govern the Customer’s use of the Services unless otherwise agreed in writing in the applicable Order Form or Pricing Agreement.

2.6 Trial and Beta Services

Notwithstanding anything contained elsewhere in this Agreement, InnoMaint may, at its sole discretion, provide access to free trial or beta versions of the Services (“Trial Services”) for evaluation purposes only.

Trial Services are provided subject to the following conditions:

a. No Data Retention Obligation InnoMaint shall have no obligation to retain, backup, or recover any Customer Data used, generated, or stored during Trial Services.

b. “AS IS” Basis Trial Services are provided strictly on an “AS IS” and “AS AVAILABLE” basis, without any warranties, representations, indemnities, service commitments, or regular technical support of any kind.

c. Limited Duration & No Liability Access to Trial Services shall be granted for a period determined by InnoMaint, typically ranging between fourteen (14) to thirty (30) days. No liability whatsoever shall arise or be attributable to InnoMaint in connection with the use, suspension, modification, or discontinuation of Trial Services.

InnoMaint reserves the right to limit features, functionality, or usage in Trial Services at any time.

2.7 Expiry or Termination of Trial

Upon expiry or termination of the Trial Services:

• The Customer shall have no entitlement to technical support;
• Access to the Trial Services may be terminated immediately at InnoMaint’s discretion; and
• Unless a paid subscription is purchased, all Customer Data associated with the Trial Services shall be permanently deleted, and such data shall not be recoverable.

Any configurations, customizations, or data created during the trial period shall not be carried forward unless the Customer enters into a paid subscription.

III. AUTHORITY & REPRESENTATIONS

If the Services are accessed or used on behalf of a company, institution, or other legal entity, the individual accepting this Agreement represents and warrants that they are duly authorized to bind such entity. The entity shall be fully responsible for compliance with this Agreement and for any breach thereof.

4. MODIFICATION & TERMINATION RIGHTS

InnoMaint reserves the right to amend or update these Terms from time to time. Continued use of the Services following such update shall constitute acceptance of the revised Terms. If the Customer does not agree with any modification, the sole remedy shall be to discontinue use of the Services.

InnoMaint reserves the right to suspend or terminate access immediately upon discovery of false information, unauthorized use, or breach of this Agreement.

5. ACCURACY OF INFORMATION

The Customer agrees to provide complete, accurate, and up-to-date information during registration and throughout the use of the Services and shall promptly notify InnoMaint of any changes thereto.

6. PERMITTED USE OF SERVICES

6.1. Eligibility

Access to the Services is limited to individuals who are eighteen (18) years of age or older and who have not been previously suspended or terminated from the Services.

6.2 License Grant

Subject to this Agreement, InnoMaint grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the Customer’s internal business operations during the applicable subscription term.

No rights are granted to any affiliate, subsidiary, or related entity unless expressly agreed in writing.

6.3 Prohibited Conduct

The Customer shall not, directly or indirectly:

1. Introduce malware, viruses, or malicious code into the Services;
2. Upload or transmit unlawful, abusive, defamatory, obscene, infringing, or offensive content;
3. Copy, modify, distribute, sell, license, rent, or commercially exploit any part of the Services;
4. Reverse engineer, decompile, disassemble, or attempt to derive source code;
5. Access the Services for the purpose of developing or supporting a competing product; or
6. Enable or assist unauthorized third-party access.

InnoMaint may cooperate with lawful requests from courts or authorities in connection with violations of law.

6.4 User Responsibility & Security

The Customer is responsible for:

• All activities conducted under its accounts;
• Compliance by all authorized users; and
• Maintaining the confidentiality and security of login credentials.

The Customer shall promptly notify InnoMaint of any unauthorized access or security breach.

7. MODIFICATION OF SUBSCRIPTION USAGE

7.1 Additional Usage: The Customer may purchase additional usage capacity during an active subscription term. Additional fees shall be pro-rated for the remaining term as applicable.

7.2 Reduction of Usage: Any reduction in usage shall take effect only from the next renewal period, subject to removal of excess resources prior to renewal.

7.3 Plan Changes: Downgrades during an active subscription term are not permitted. Customers may upgrade to a higher plan at any time, subject to applicable pro-rated charges.

8. SERVICES

8.1 Scope of Services

During the applicable Subscription Term and subject to the terms of this Agreement and the relevant Pricing Agreement, Pinnacle Infotech shall provide access to and use of the InnoMaint CMMS platform and related services (“Services”) to the Customer.

The Services may be delivered in Software-as-a-Service (SaaS), on-premise, or such other deployment model as agreed between the parties.

8.2 Service Availability

Pinnacle Infotech shall use commercially reasonable efforts to ensure that the Services are available on a 24×7 basis, except in the following circumstances:

1. Scheduled maintenance activities;
2. Emergency or unscheduled maintenance;
3. Interruptions caused by factors beyond Pinnacle Infotech’s reasonable control, including but not limited to force majeure events, internet outages, third-party service failures, or acts of government.

Service availability targets, uptime commitments, and remedies (if any) shall be governed exclusively by the applicable Service Level Agreement (SLA).

8.3 Customer Support Services

As part of the Services, Pinnacle Infotech shall provide Customer with standard customer support and documentation during Normal Business Hours, in accordance with Pinnacle Infotech’s then-current Support Services Policy and SLA.

Pinnacle Infotech reserves the right to amend or modify its support policies, support channels, or response parameters from time to time. No support obligations shall exist beyond those expressly stated in the applicable SLA.

8.4 Suspension, Restriction, or Termination of Access

Pinnacle Infotech may suspend, restrict, or disable access to the Services, in whole or in part, with or without notice, if:

1. Pinnacle Infotech reasonably suspects unlawful, fraudulent, abusive, or unauthorized use of the Services;
2. The Customer breaches any material provision of this Agreement;
3. Required account verification steps are not completed within the stipulated timeframe;
4. Pinnacle Infotech is required to do so by law, regulation, court order, or governmental authority;
5. The Customer voluntarily requests account closure.

Such suspension shall not relieve the Customer of its obligation to pay all applicable fees accrued prior to suspension.

8.5 Ownership and Use of Customer Data

The Customer shall retain all right, title, and interest in and to all data, content, and information submitted, uploaded, or processed through the Services (“Customer Data”).

The Customer shall be solely responsible for the legality, accuracy, integrity, quality, and reliability of Customer Data and represents that it has all necessary rights, consents, and permissions to provide such data to Pinnacle Infotech.

The Customer grants Pinnacle Infotech a non-exclusive, royalty-free, worldwide right to host, store, process, transmit, and analyze Customer Data and system-generated information solely for the purposes of:

• Providing and operating the Services;
• Ensuring security and performance;
• Compliance with legal obligations; and
• Internal analytics and service improvement (in aggregated or anonymized form where feasible).

8.6 Communications and Notifications

The Customer authorizes Pinnacle Infotech to use the Customer’s registered contact details, including email address, for service-related communications such as operational updates, maintenance notices, security alerts, billing information, and other matters relating to the Services.

Marketing or promotional communications, if any, shall be governed by applicable law and opt-out mechanisms.

8.7 Modification of Services and Pricing

Pinnacle Infotech reserves the right to modify, enhance, upgrade, or discontinue any feature or functionality of the Services, provided that such changes do not materially reduce the core functionality during an active Subscription Term.

Pinnacle Infotech may revise pricing or introduce new charges; however, such changes shall take effect only upon renewal of the applicable Subscription Term. Continued use of the Services after renewal shall constitute acceptance of the revised pricing. All fees paid are non-refundable unless expressly stated otherwise.

8.8 Termination and Data Retrieval

The Customer may terminate its subscription by submitting a written request to support@innomaint.com. Termination shall be effective once Pinnacle Infotech disables access to the Services.

Upon written request made within thirty (30) days following termination or expiry, and subject to settlement of all outstanding dues, Pinnacle Infotech shall use commercially reasonable efforts to provide Customer Data in CSV format. After such period, Pinnacle Infotech may delete Customer Data in accordance with its data retention policy.

8.9 Export Control Compliance

The Customer acknowledges that the Services may be subject to export control and trade compliance laws of India and other jurisdictions. The Customer agrees to comply with all applicable export and import regulations and shall not use the Services for prohibited purposes, including but not limited to nuclear, chemical, or biological weapons development.

8.10 Customers Acquired Through Resellers

Pinnacle Infotech shall not be responsible or liable for any representations, warranties, or commitments made by resellers beyond Pinnacle Infotech’s standard terms and authorized documentation.

All disputes between Customers and resellers shall be resolved independently. In the event of reseller default, Pinnacle Infotech reserves the right to directly engage with the Customer to ensure continuity of Services.

8.11 Professional Services at Customer Facilities

Where Professional Services are provided at the Customer’s premises, the Customer shall provide Pinnacle Infotech personnel with reasonable access, workspace, connectivity, and logistical support necessary for timely performance of such services.

8.12 On-Premise Support Lifecycle

For on-premise deployments, Pinnacle Infotech shall provide product support for a period of up to five (5) years from the subscription start date, subject to maintenance terms.

Support beyond this period shall be subject to technological feasibility, prevailing platforms, and additional charges as determined by Pinnacle Infotech.

8.13 Service Discontinuation / Sunset

In the unlikely event that Pinnacle Infotech permanently discontinues the Services, it shall provide the Customer with at least ninety (90) days’ prior written notice.

Upon discontinuation, Pinnacle Infotech shall:

• Provide Customer Data in CSV format upon request; and
• Permanently delete Customer Data thereafter in accordance with applicable law and internal retention policies.

Any access to or use of such Third-Party Services is entirely at the Customer’s own risk. Pinnacle Infotech does not endorse, control, operate, monitor, or assume responsibility for any Third-Party Services, including their availability, functionality, security, accuracy, content, or compliance with applicable laws.

Pinnacle Infotech makes no representations or warranties and assumes no liability whatsoever in relation to:

• Any Third-Party Services;
• Any data, content, or materials made available by third parties;
• Any transactions, agreements, or communications entered into between the Customer and a third party; or
• Any loss, damage, or dispute arising from the Customer’s use of Third-Party Services.

The Customer is solely responsible for reviewing and complying with the applicable terms, conditions, and privacy policies of any Third-Party Services prior to use. Any contractual relationship formed between the Customer and a third party shall be strictly between those parties, without involvement or liability of Pinnacle Infotech.

10. OBLIGATIONS AND WARRANTIES OF PINNACLE INFOTECH

10.1 Standard of Performance

Pinnacle Infotech undertakes that the Services shall be performed substantially in accordance with the applicable product documentation and with reasonable skill and care, consistent with generally accepted industry standards.

Pinnacle Infotech further represents that it has used reasonable commercial efforts to ensure that the Services, at the time of delivery, are free from known malware or viruses introduced intentionally by Pinnacle Infotech.

10.2 Exclusions to Performance Undertaking

The undertaking set out in Clause VI.A shall not apply to any non-conformance or defect resulting from:

1. Use of the Services in a manner inconsistent with documentation or instructions provided by Pinnacle Infotech;
2. Modification, alteration, or customization of the Services by any party other than Pinnacle Infotech or its authorized representatives;
3. Customer’s systems, infrastructure, network environment, or third-party integrations; or
4. Events beyond Pinnacle Infotech’s reasonable control

10.3 Exclusive Remedy

In the event the Services fail to conform to the undertaking under Clause VI.A, Pinnacle Infotech shall, at its sole discretion and as the Customer’s sole and exclusive remedy, use commercially reasonable efforts to:

1. Correct the non-conformance; or
2. Provide an alternative means of achieving substantially similar functionality.

This clause constitutes the entire liability and obligation of Pinnacle Infotech with respect to service non-conformance.

10.4 Disclaimer of Performance Guarantees

Notwithstanding anything contained herein, Pinnacle Infotech does not warrant that:

1. The Customer’s use of the Services will be uninterrupted, timely, secure, or error-free;
2. The Services, documentation, or outputs will meet the Customer’s specific requirements; or
3. All defects or errors can or will be corrected.

10.5 Network and Data Transmission Risks

Pinnacle Infotech shall not be responsible for any delays, delivery failures, data loss, or other damage resulting from the transfer of data over communication networks, including the internet.

The Customer acknowledges that the Services may be subject to limitations, delays, and other issues inherent in the use of communication facilities and network infrastructure.

10.6 Customer Responsibility for Suitability

The Customer acknowledges that the Services are provided as a standard commercial product and have not been developed to meet the Customer’s individual or bespoke requirements.

The Customer is solely responsible for determining whether the Services are suitable for its intended use, regulatory environment, and operational needs.

10.7 Technology Limitations

The Customer acknowledges that it is not feasible to test software in every possible operating environment and that no software system can be guaranteed to be completely error-free under all conditions.

Accordingly, minor errors, limitations, or incompatibilities shall not constitute a breach of this Agreement.

10.8 Security Responsibilities

The Customer acknowledges that no data transmission over the internet can be guaranteed to be completely secure. Pinnacle Infotech shall not be responsible for any unauthorized access, hacking, or fraudulent activity occurring beyond its reasonable control.

The Customer remains responsible for maintaining the security of its own networks, servers, systems, credentials, integrations, and artifact resources.

10.9 Non-Exclusivity

Nothing in this Agreement shall restrict Pinnacle Infotech from:

• Entering into agreements with other customers or third parties; or
• Developing, marketing, licensing, or providing products or services that are similar to or competitive with the Services.

10.10 SaaS-Specific Limited Warranty

For SaaS deployments only, Pinnacle Infotech warrants that:

1. The Services shall materially conform to the applicable documentation during the Initial Subscription Term;
2. The software shall materially conform to documentation during the Initial Term; and
3. Pinnacle Infotech shall not knowingly introduce malicious code intended to enable unauthorized access to Customer Data or systems.

In the event of a demonstrated breach of this warranty within the applicable warranty period, Pinnacle Infotech shall use commercially reasonable efforts to correct server-side issues or application defects within its scope, at no additional cost.

This warranty does not apply to issues arising from Customer systems, third-party integrations, misuse, or factors beyond Pinnacle Infotech’s control.

11. DATA RETENTION, DELETION & ARCHIVAL

11.1 Retention of Customer Data

Subject to applicable law and this Agreement, Pinnacle Infotech shall retain Customer Data for a period of one (1) year from the date of termination, expiry, suspension, or non-renewal of the Customer’s subscription (“Retention Period”).

Customer Data shall be retained solely for legitimate business purposes, including but not limited to:

• Enabling data retrieval upon Customer request;
• Compliance with applicable legal, regulatory, audit, or statutory obligations;
• Resolution of disputes or enforcement of contractual rights; and
• Internal risk management, backup, and security purposes.

11.2 Access During Retention Period

During the Retention Period, Customer access to the Services shall remain disabled unless otherwise agreed in writing.

Any request for data extraction must be made in writing within the Retention Period and shall be subject to:

• Full settlement of all outstanding dues; and
• Technical feasibility and reasonable processing timelines.

Data, if provided, shall be delivered in a standard machine-readable format (such as CSV), without any obligation on Pinnacle Infotech to provide data mapping, interpretation, migration, or third-party compatibility support.

11.3 Deletion After Retention Period

Upon expiry of the Retention Period, Pinnacle Infotech shall permanently delete or anonymize Customer Data from its active systems and backups in accordance with:

• Its internal data retention and deletion policies;
• ISO 27001/27701-aligned security controls; and
• Applicable data protection laws, including the Digital Personal Data Protection Act, 2023.

The Customer acknowledges that deletion may occur in stages due to backup and disaster recovery cycles and shall not require immediate or irreversible erasure from all archival media simultaneously.

11.4 Exceptions to Deletion

Notwithstanding anything contained herein, Pinnacle Infotech may retain Customer Data beyond the Retention Period where required:

• By applicable law, regulation, court order, or governmental authority;
• For ongoing legal proceedings, audits, or investigations;
• To protect or enforce Pinnacle Infotech’s legal rights; or
• In anonymized or aggregated form for analytics, benchmarking, service improvement, or statistical purposes.

Such retained data shall remain subject to appropriate confidentiality and security safeguards.

11.5 Customer Responsibility

The Customer is solely responsible for exporting its Customer Data prior to termination or within the Retention Period. Pinnacle Infotech shall not be liable for any loss of data resulting from the Customer’s failure to request data extraction within the specified timeframe.

11.6 No Fiduciary or Bailment Relationship

The Customer acknowledges that Pinnacle Infotech acts solely as a data processor/service provider and does not assume any fiduciary, trustee, or bailment obligations with respect to Customer Data.

11.7 Survival

This Data Retention and Deletion clause shall survive termination or expiry of this Agreement.

11.8 Each party agrees to comply with the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and applicable rules thereunder. The Customer shall act as the Data Fiduciary and Pinnacle Infotech shall act as a Data Processor with respect to any Personal Data processed through the Services. Pinnacle Infotech shall process Personal Data only on documented instructions of the Customer and shall implement reasonable technical and organizational measures to protect such data against unauthorized access, disclosure, alteration, or loss.

12. LIMITATION OF LIABILITY (LIABILITY CAP)

To the maximum extent permitted by applicable law, the total, cumulative, and aggregate liability of Pinnacle Infotech, arising out of or relating to this Agreement, the Services, or the Customer’s use of the Services, shall not exceed the total Subscription Fees actually paid by the Customer to Pinnacle Infotech during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation applies irrespective of the form of action, whether in contract, tort, negligence, strict liability, breach of statutory duty, misrepresentation, or otherwise, and shall apply collectively to all claims arising under or in connection with this Agreement.

Under no circumstances shall Pinnacle Infotech be liable for any amount in excess of such fees, and the existence of one or more claims shall not enlarge or extend this liability cap.

This limitation constitutes an essential basis of the commercial bargain between the parties and shall survive termination or expiry of this Agreement.

13. OBLIGATIONS OF THE CUSTOMER

13.1 General Cooperation

The Customer shall provide Pinnacle Infotech with all reasonable cooperation, information, assistance, and access as may be required for the effective provision of the Services under this Agreement, including timely access to personnel, systems, data, and facilities.

13.2 Legal and Regulatory Compliance

The Customer shall comply with all applicable laws, rules, and regulations, as amended from time to time, in connection with its use of the Services and performance of its obligations under this Agreement.

13.3 Customer Responsibilities

The Customer shall perform all responsibilities assigned to it under this Agreement in a prompt, accurate, and efficient manner.

Any delays or failures caused by the Customer’s inability to provide required infrastructure, hardware, connectivity, data, or approvals shall not be attributable to Pinnacle Infotech, and any timelines shall be reasonably adjusted accordingly.

13.4 Authorized and Permitted Use

The Customer shall ensure that the Services and Software Products are used strictly in accordance with the terms of this Agreement and shall not permit any unauthorized, unlawful, or prohibited use.

13.5 Licenses, Consents, and Permissions

The Customer shall obtain and maintain all licenses, permissions, approvals, and consents necessary for:

• Its use of the Services; and
• Pinnacle Infotech, its contractors, and agents to lawfully perform their obligations under this Agreement.

13.6 Technical and System Requirements

The Customer shall ensure that its systems, devices, networks, and IT infrastructure meet the minimum technical and system requirements specified by Pinnacle Infotech from time to time.

The Customer shall be solely responsible for procuring, maintaining, and securing its own network connections, telecommunications links, hardware, and internet access used to connect with Pinnacle Infotech’s systems.

13.7 GPS AND LOCATION-BASED FUNCTIONALITIES

The Customer acknowledges that certain features of the Product(s) may rely on Global Positioning System (GPS) data and related carrier or satellite services.

Pinnacle Infotech shall not be responsible for:

• The availability, accuracy, or reliability of GPS signals;
• Transmission limitations caused by atmospheric conditions, terrain, network coverage gaps, interference, or hardware limitations; or
• Inaccuracies resulting from motor noise, shielding, signal obstruction, or user behavior.

Use of GPS-dependent features is at the Customer’s sole risk.

13.8 DEVICES AND IOT COMPONENTS

Certain IoT-enabled solutions may require the use of compatible third-party or Customer-owned devices (“Devices”). Compatibility may vary by product and configuration.

Pinnacle Infotech:

• Makes no warranty regarding the operation, availability, or continued compatibility of any Device; and
• Shall not be liable for issues arising from Device configuration, placement, operation, maintenance, or third-party hardware limitations.

The Customer is solely responsible for the selection, configuration, operation, and maintenance of Devices. Any impact on Service performance due to Devices or external factors beyond Pinnacle Infotech’s control shall not constitute a breach of this Agreement.

14. COOKIE POLICY AND TRACKING TECHNOLOGIES

Pinnacle Infotech uses cookies and similar technologies to enhance functionality, security, and user experience across its Product(s).

14.1 Use of Cookies

Cookies are small data files stored on the Customer’s browser or device and may be:

• First-party cookies placed by Pinnacle Infotech; or
• Third-party cookies placed by service providers.

These technologies help monitor usage, improve performance, and maintain system security.

14.2 Categories of Cookies Used

Cookies used by Pinnacle Infotech may include:

1. Essential / Technical Cookies – required for core functionality;
2. Preference Cookies – to remember settings and preferences;
3. Security Cookies – to detect and prevent security risks;
4. Performance Cookies – to understand how the Product(s) are used;
5. Analytics Cookies – to improve features and functionality.

14.3 Customer Control

Most browsers accept cookies by default; however, Customers may modify browser settings to restrict or disable cookies.

The Customer acknowledges that disabling cookies may impact the availability or functionality of certain features of the Product(s).

Continued use of the Product(s) constitutes consent to the use of cookies in accordance with Pinnacle Infotech’s Privacy Policy.

15. PURCHASE, BILLING, CANCELLATION & REFUND POLICY

15.1 Subscription Fees and Payment Obligation

The Customer shall pay the applicable subscription fees to InnoMaint for access to and use of the Services in accordance with the Permitted Usage selected at the time of registration and any subsequent increase or reduction in usage capability pursuant to this Agreement.

Subscription fees shall be payable in advance and shall be calculated based on the details provided by the Customer in the Registration Form and any approved modifications thereto.

15.2 Billing Authorization

On or before the Effective Date, the Customer shall provide InnoMaint with valid, current, and complete billing information, including approved purchase order details or credit/debit card information acceptable to InnoMaint.

The Customer hereby authorizes InnoMaint to charge the applicable payment method:

1. On the Effective Date for fees payable for the Initial Subscription Term; and
2. On each renewal date for fees payable for the applicable Renewal Period.

15.3 Cancellation and Refund Policy

All fees and charges payable under this Agreement or any applicable Pricing Agreement:

1. Shall be payable in the currency specified in the Registration Form or Pricing Agreement;
2. Are non-cancellable and non-refundable, except where expressly required by applicable law; and
3. Are exclusive of all applicable taxes, duties, or levies, which shall be charged in addition at the applicable rate.

The Customer shall be solely responsible for payment of all applicable taxes. Where InnoMaint is required by law to collect or remit such taxes, the Customer shall reimburse InnoMaint accordingly, unless a valid tax exemption certificate is provided.

No refunds, credits, or adjustments shall be issued for partial use, unused allocations, or failure to utilize subscribed resources during any subscription period.

15.4 Revision of Subscription Fees

InnoMaint reserves the right to revise subscription fees or charges for additional Permitted Usage at the commencement of any Renewal Period upon providing at least thirty (30) days’ prior notice.

Any revised fees shall apply only upon renewal and shall not affect the fees payable during the then current Subscription Term. Renewal of the subscription following a fee revision shall constitute acceptance of the revised fees.

15.5 Billing Cycle

For paid subscriptions, Services shall be billed monthly or annually in advance, as specified in the Pricing Agreement or Registration Form.

Payments once made are non-refundable, and no credits shall be issued for partial subscription periods, unused services, or underutilization of allocated resources.

15.6 Payment Irregularities and Suspension

InnoMaint reserves the right to suspend or restrict access to the Services immediately if:

1. Valid payment details are not provided or become invalid; or
2. Any invoice remains unpaid beyond its due date.

If payment remains outstanding for more than seven (7) days, InnoMaint may suspend the Services for up to forty-five (45) days and thereafter terminate this Agreement without liability. Suspension or termination shall not relieve the Customer of its obligation to pay outstanding amounts.

15.7 On-Premise / Perpetual License Model

For On-Premise or Perpetual License deployments, fees shall be payable as a one-time payment, inclusive of product license, server setup, initial configuration, and basic training, as specified in the applicable Pricing Proposal.

Implementation shall be completed within a reasonable period following receipt of payment. A limited warranty period shall apply, during which InnoMaint shall provide fixes for server-related issues within its scope and application defects.

Feature enhancements, customizations, or additional configuration services shall be chargeable. Upon expiry of the warranty period, services shall be governed by an Annual Maintenance Contract (AMC) or applicable support agreement.

15.8 Auto-Renewal and Payment Security

InnoMaint does not store Customer credit or debit card details on its servers. All payment transactions are processed through secure, third-party payment gateways.

Subscriptions may be subject to auto-renewal. In such cases, the Customer authorizes InnoMaint to charge the payment method last used for the applicable renewal fees. Customers may update payment details through the application.

To avoid renewal, the Customer must provide written notice of non-renewal at least thirty (30) working days prior to the renewal date. Failure to provide such notice shall be deemed authorization for renewal and billing.

16. PROPRIETARY RIGHTS

16.1 The Customer acknowledges and agrees that InnoMaint and/or its licensors own all intellectual property rights in the Services and the Products. Except as expressly stated herein, this Agreement does not grant the Customer any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services or the Products.

16.2 Without limitation on the clause immediately above, all trademarks, logos and service marks (the Trade Marks) which appear on Services or products are registered by InnoMaint and unregistered Trade Marks are licensed for use by InnoMaint by the owners of those Trade Marks.

16.3 Other trademarks are proprietary marks and are registered to their respective owners.

16.4 Nothing contained in the Services should be construed as granting any license or right to use any trademarks displayed on the Service without written permission from InnoMaint or such other trademark owner.

We may use your corporate name and logo on the InnoMaint website, presentations, and other marketing collaterals created by InnoMaint to identify you as a customer of InnoMaint. You hereby express your consent for the purpose to InnoMaint and its channel partners.

17.SEASONAL OFFERS

All special or festive offers announced by InnoMaint only apply to the customers who enroll for the first time with us and not to existing subscribers. Moreover InnoMaint deserves the full right to modify these offers or discontinue the same without any prior intimation. For the most recent updations on these offers potential customers need to call our customer support section and confirm the details.

18.TERM AND TERMINATION

This agreement shall, unless otherwise terminated as provided in this clause XI, commence on the Effective Date and shall continue for the Initial Subscription Term and, thereafter this Agreement shall be automatically renewed for successive periods equivalent to the Initial Subscription Term (each a Renewal Period), unless:

18.1 either party notifies the other party of termination (in writing) before the end of the Initial Subscription Term or any Renewal Period, in which case this Agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; or otherwise terminated in accordance with the provisions of this Agreement. and the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.

18.2 Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:

• The other party fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment;

• The other party commits a material breach of any other term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;

• The other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;

• The other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

• A petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

• An application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party;

• The holder of a qualifying floating charge over the assets of that other party has become entitled to appoint or has appointed an administrative receiver;

• A person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

• A creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the

• Whole or any part of the other party’s assets and such attachment or process is not discharged within 14 days;

• Any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in earlier clauses;

• The other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.

18.3 On termination of this Agreement for any reason:

• All licenses granted under this Agreement, and the Customer’s right to use the Services, shall immediately cease
• Customer will have no access to State Information derived from the Services;
• Each party shall return and make no further use of any equipment, property, Product and other items (and all copies of them) belonging to the other party;
• Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.

19.FORCE MAJEURE

InnoMaint shall have no liability to the Customer under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of InnoMaint or any other party), failure of a utility service or transport or telecommunications network, miraculous acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or in default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

20.CONFIDENTIALITY

20.1 Each party (the Receiving Party) shall keep the other party’s (the Disclosing Party’s) confidential information secretive. In the case of InnoMaint as the Disclosing Party, this includes all information (of any kind and in any format which comes to the knowledge, possession or control of customer in any way) relating to InnoMaint business, finance or technology, know-how, intellectual property rights, assets, strategy, products and customers, where the information is identified as confidential at the time of disclosure or ought reasonably to be considered confidential given its nature or the manner in which the same was confided.

20.2 The Receiving Party shall not without the prior written consent of Disclosing Party use, disclose, copy or modify the Disclosing Party’s Confidential Information (or permit others to do so) other than as strictly necessary for it to be able to do what it is permitted and required to do under this Agreement and, where disclosure to its officers, employees, agents, professional advisers and contractors is necessary, Receiving Party shall ensure such persons are made aware of and agree in writing to observe these same obligations.

20.3 Confidential Information shall not include:

• Any information that was known to the Receiving Party before that information was revealed by the Disclosing Party; or
• Any information that is in or subsequently comes into the public domain (through no fault of the Receiving Party); or
• Any information that is received by the Receiving Party without restriction on disclosure or use from a third party lawfully entitled to make the disclosure to the Receiving Party without such restrictions; or
• Any information that is developed by any of the Receiving Party’s employees who have not had any access to, or use or knowledge of, that information imparted by the Disclosing Party; or
• Any information that the parties agree in writing is not confidential.
• Each party may disclose any confidential information required by law, any court, any governmental, regulatory or supervisory authority (including any regulated investment exchange) or any other authority of competent jurisdiction.
• Customer hereby grants InnoMaint a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub licensable right and license to use any comments, suggestions, proposals or recommendations (“Feedback”) made by or on behalf of Customer in respect of the Services, and any such Feedback shall not be considered the Customer’s Confidential Information.
• Subject to clause above, no variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).

21. ENTIRE AGREEMENT

21.1 This Agreement constitutes the entire and exclusive agreement between InnoMaint and Customer with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services. Purchase orders placed by Customer shall be for the sole purpose of specifying the Services that Customer wishes to purchase or has purchased.

21.2 Any other terms stated in any purchase order delivered to InnoMaint by Customer shall have no effect.

21.3 Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.

22. ASSIGNMENT

22.1 The Customer shall not, without the prior written consent of InnoMaint, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

22.2 InnoMaint may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

XXIII.NO PARTNERSHIP OR AGENCY

Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

XXIV. THIRD PARTY RIGHTS

This agreement does not confer any rights on any person or party (other than the parties to this Agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts.

XXV. GOVERNING LAW

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India.

This Agreement is executed in the English language, which shall be the governing and controlling language for all purposes. Any translation of this Agreement is provided for convenience only and shall have no legal effect.

XXVI. CONCLUSION

The definitions and rules of interpretation in this clause apply in this Agreement.

26.1 Agreement: The agreement constituted by Customer’s acceptance on completing the acceptance of these Terms of Service, any additional service-specific terms, and the details of Customer’s subscription on the Registration Form.

26.2 Business Day: A Day other than a Saturday, Sunday or public holiday in India.

26.3 Customer Data: The data inputted by the Customer for the purpose of using the Services or facilitating the Customer’s use of the Services.

26.4 Customer: The corporate entity specified as the Customer on a Registration Form;

26.5 Effective Date: The start date of Customer’s Initial Subscription Term -i.e., the date of remittance of payment.

26.6 Initial Subscription Term: The initial term of this Agreement, which is usually either 1 month or 12 months, or 3 years based on the customer’s subscription plan.

26.7 Pinnacle Infotech: Registered office in Plot No. 5, 6, 7, 8, & 13 ELCOT IT Park, Madurai-Theni Road, Near Madurai Kamaraj University, Vadapalanji, Madurai, Tamil Nadu – 625021, India & also, Sahid Sukumar Banerjee Sarani, Bidhannagar, Durgapur, West Bengal 713212

26.8 Normal Business Hours:

• 09:00 to 18:45 (IST time),from Monday to Thursday &
• 09:00 to 18:00 (IST time) on Friday

27.9 Permitted Usage: The use of the Services as specified with reference to the number of user, number of equipments on the Registration Form, as increased or decreased by the Customer in accordance with this Agreement.

27.10 Product Description: The document made available to the Customer by InnoMaint online via https://innomaint.com or such other web address notified by InnoMaint to the Customer from time to time which sets out a description of the Services and user instructions for the Services.

27.11 Registration Form: The online ordering for the Services sought by the Customer.

27.12 Renewal Period: The period described in clause XI.A

27.13 Subscription Fees: The subscription fees payable by the Customer to InnoMaint for the Permitted Usage, as set out in the Registration Form.

27.14 Subscription Term: Has the meaning given in clause XI.A (being the Initial Subscription Term together with any subsequent Renewal Periods).

27.15 Support Services Policy: InnoMaint policy for providing support in relation to the Services as made available at https://innomaint.com or such other website address as may be notified to the Customer from time to time.

27.16 User: Any person to whom Customer provides access to or otherwise make available the Service in whole or in part in any form.

27.17 Virus: Anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.

We may revise these Terms of Service and any charges applicable to the Services, at any time by updating this posting or (in the case of increases to the charges) notifying you by means of email. Please check this page time to time to review the current Terms of Services. InnoMaint will notify customer of any changes as they occur, and they will be binding on Customer as from the start of the Subscription Term following the date of the change.

Previous versions of our Terms & Conditions are available upon request at support@innomaint.com