DataDack Cloud

Effective Date: July 10, 2026 · Last updated: July 10, 2026

These Terms of Service ("Terms") govern your access to and use of DataDack Cloud, the infrastructure-as-a-service platform operated by DataDack, a sole proprietorship firm based in India ("DataDack", "we", "us"). By creating an account, accessing the console, or provisioning any resource, you ("you", the "Customer") agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you are authorised to bind that entity.

1. Definitions

• Account — the root of tenancy that owns resources, billing and quotas.
• Applicable Laws — all statutes, regulations, rules, directions, orders and binding guidance in force from time to time, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and directions issued by MeitY and CERT-In.
• Billing Entity — HRIDYANSH SAVINU ENTERPRISES (GSTIN 03GDFPM1564R1Z2), the entity that presently issues invoices and collects payments for the Services on DataDack's behalf, as described in Section 12.
• Customer Content — all data, text, images, audio, video, code and other material you or your End Users store on, transmit through, or generate using the Services. You retain ownership of it.
• De-provisioning — termination of a Service, release of the allocated resources back to our pool, and deletion of the associated Customer Content.
• End User — any person or entity you authorise to access or use the Services under your Account.
• Force Majeure Event — any event beyond a party's reasonable control, including natural disaster, fire, flood, war, terrorism, civil unrest, epidemic, strike, government action, utility or grid failure, and fibre cuts outside our facility.
• Inherent Business Risk — the risks inherent in any cloud service, including hardware and software malfunction, network interruption, third-party failures, and data loss caused by malware.
• Managed Services — support or professional services we provide for an additional fee. Unless a Service is expressly described as managed, it is self-managed: you administer it.
• Services — DataDack Cloud, including the console, APIs, and all resources described in Section 6.

2. Scope and Order of Precedence

These Terms apply to all business between you and DataDack and form an integral part of every contract with you, including future orders, even where they are not separately agreed again. Your own standard terms do not apply and do not become part of the contract, even if we do not expressly object to them.

Where documents conflict, the following order of precedence applies:

1. A signed master services agreement or order form, where one exists.
2. These Terms of Service.
3. The Service Level Agreement, Acceptable Use Policy, Billing & Credits Terms, Identity Verification & KYC Policy, and Privacy Policy, each incorporated by reference.
4. Product descriptions and the price catalogue published in the console.

Our employees, contractors and partners are not authorised to make verbal agreements, guarantees or commitments on our behalf. Only a written agreement binds us.

3. Contract Formation, Duration and Termination

• The contract is concluded when you place an order and we accept it. Confirmation that we have received an order does not by itself constitute acceptance. We may accept or decline an order within 5 working days of receiving it.
• Contracts are concluded for an unlimited term unless otherwise agreed, and continue until terminated.
• Either party may terminate for convenience on 30 days' written notice to the end of a billing month, without giving reasons. Notice may be given through the console or by email from a registered contact.
• We may terminate without notice for good cause, including failure to meet payment obligations, failure to complete identity verification, breach of the Acceptable Use Policy, or conduct that impairs the operation or security of our infrastructure or other tenants.
• You may not transfer your contractual rights and obligations to a third party without our prior written consent. We will verify the legitimacy of the transferor and the identity of the transferee before consenting, including through identity verification under Section 5.

4. Accounts and Organizations

• You must provide accurate and complete registration information — legal name, contact details and billing information — and keep it current. You must notify us in writing of any change to your registered name, address, contact details or entity particulars within 7 days, and provide evidence of the correctness of your data on request.
• You declare that the information on your Account is correct and complete. Supplying false, incomplete or misleading information is a material breach of these Terms and may affect the performance and quality of the Services.
• Resources are owned by an Account, which is the root of tenancy. Accounts may optionally be associated with an organization.
• You are solely responsible for all activity under your Account — by you, your employees, contractors, agents or End Users, whether authorised or not. This includes credential changes, provisioning, configuration changes and cancellations.
• You must maintain the confidentiality of your credentials, implement appropriate security controls including strong passwords and least-privilege access, and notify us promptly of any unauthorised use or suspected breach, cooperating with our investigation.
• You must nominate a designated technical contact during onboarding and keep it current. We act on instructions from a registered contact and are not liable for the outcome of an action you or your contact requested.

5. Identity Verification (KYC)

• Because we allocate public IP addresses from our own pool, we are required under CERT-In Direction No. 20(3)/2022 and applicable licence conditions to maintain validated records of our customers and of the addresses allotted to them.
• You must complete identity verification before a public IP address, static IP, public load-balancer endpoint or outbound SMTP capability is enabled on your Account, and on the other triggers described in our Identity Verification & KYC Policy.
• You must supply genuine, unexpired documents belonging to the Account holder or the duly authorised signatory, and must re-verify when we request a periodic refresh or when your particulars change.
• We may withhold public IP allocation, reclaim previously allotted addresses after written notice, suspend resources, or terminate the Account where verification is not completed, is not completed within 15 days of a request, or where documents are found to be forged, altered or borrowed. Termination on that ground carries no refund of consumed usage and may be reported to the appropriate authority.
• You may operate an unverified Account on private VPC networking, with no public reachability.

6. The Services

DataDack Cloud provides on-demand compute (virtual machines and dedicated cloud servers), networking (VPCs, subnets, static IPs, load balancers, firewalls), block storage, images, snapshots and backups, identity and access management (IAM), a browser cloud shell, and related services, accessible through the console and APIs.

The scope of what you receive is set by the product description valid at the time of your order. We may, on prior notice, discontinue a service offered free of charge or introduce fees for it. Support beyond the published service description is invoiced separately as Managed Services.

7. Provisioning and Capacity

Resources are provisioned within the availability zones and regions you select, subject to available capacity and any Account quotas. We may impose default limits on resources and raise them on request.

8. IP Addresses

• Public IP addresses are allotted from our available pool. You acquire no ownership of, and no claim to, any particular address, and addresses are not portable away from DataDack.
• We do not warrant that an allotted address is absent from any third-party blocklist or reputation database, and we do not perform a blocklist check before allotment.
• We may change an address allotted to you where it is operationally or legally necessary, with prior written notice except where an immediate change is required to protect the platform or comply with a lawful direction.
• You must not sublet, resell, transfer, announce or otherwise make an allotted address available to a third party outside your own use of the Services without our prior written consent.
• Reverse DNS delegation is available on request for addresses in your allotment and remains subject to the Acceptable Use Policy.
• Addresses are released back into our pool when the associated resource is deleted or the Account is closed, and may then be allotted to another customer.

9. Your Responsibilities (Shared Responsibility Model)

DataDack is responsible for the security and availability of the underlying cloud infrastructure. You have full and sole administrator rights over the resources you provision, and are responsible for:

• The configuration, patching, monitoring and security of the operating systems, applications and software you run, and for maintaining a stable environment for them.
• Configuring and securing your resources so that they do not compromise the integrity or availability of the networks, servers or data of third parties.
• Backups. You are responsible for taking regular backups, storing them outside the resource they protect, and periodically testing that a restore works. Take a complete backup before any change you or a third party makes on your behalf. We do not guarantee retention or recovery of data unless a backup service is separately contracted, and even then you remain responsible for verifying that backups are accurate and restorable. Resource deletion is permanent.
• Managing IAM users, roles, policies and credentials, including passwords, SSH keys and cryptographic material.
• Monitoring and troubleshooting your own resource utilisation. We are not responsible for performance problems arising from unmonitored, undersized or overloaded resources.
• Reporting errors, faults and service malfunctions to us promptly.
• Complying with the Acceptable Use Policy for all workloads.

10. Third-Party and Licensed Software

• Where we make third-party software available as part of the Services, you must comply with the applicable end-user licence agreements.
• You must not run unlicensed, pirated, outdated or unsupported software on the Services. We disclaim liability for issues arising from such use.
• You are responsible for keeping third-party software updated. We are not liable for disruption caused by a failure to apply updates.
• You must not remove, obscure or tamper with any copyright, trademark or patent notice in software or materials provided by us or by a third-party vendor.
• Software vendors may from time to time audit licence compliance. You agree to cooperate reasonably with such an audit in relation to your own environment, including providing documentation or usage evidence. Refusal to cooperate may result in suspension of the affected Services.

11. End Users and Use by Third Parties

You may allow End Users and third parties to use the Services you order, but you remain our sole contractual partner and remain fully liable for compliance with these Terms. You must ensure your agreements with End Users are consistent with your obligations here, and must immediately suspend an End User's access on discovering a violation. Where a third party breaches these obligations, provides incorrect data, or causes a claim against us, you are liable for the resulting damage and indemnify us against those claims, including legal defence costs.

12. Fees, Billing and Refunds

Who bills you. DataDack is your service provider and counterparty under these Terms. Invoicing, GST compliance and payment collection are presently carried out by the Billing Entity, HRIDYANSH SAVINU ENTERPRISES (GSTIN 03GDFPM1564R1Z2), Zirakpur, Punjab. Tax invoices are issued in the Billing Entity's name and GSTIN, and a payment properly made to it discharges the corresponding amount you owe for the Services. Your service contract, support entitlements and rights under the Service Level Agreement remain with DataDack and are unaffected.

DataDack is in the process of being established as a separate legal entity. When that is complete, invoicing and payment collection will move to DataDack's own entity. We will give you at least 30 days' notice through the console or by email, publish the new entity's details in the Billing & Credits Terms, and make the change without altering your prices, your service contract, or these Terms. Invoices issued before the change remain valid; you should update your supplier and GST records from the effective date. You are not required to re-accept these Terms as a result of the change.

Use of the Services is billed on a consumption basis and funded by prepaid credits. Charges, credits, invoicing, taxes, low-balance suspension and refunds are governed by the Billing & Credits Terms, including our refund policy. You are responsible for all charges incurred under your Account and for all applicable taxes, duties and levies. Invoices are issued electronically at no charge; postal delivery, where offered, carries a fee. We may charge interest on overdue amounts from the due date, with or without a reminder.

13. Acceptable Use and Enforcement

Your use of the Services must comply with the Acceptable Use Policy.

Where we receive a complaint or become aware of a violation, we will normally notify you and ask you to resolve it within 24 hours. Depending on severity and repetition, we may:

• issue a written warning;
• throttle, null-route, suspend or revoke access to specific resources;
• charge a reasonable administrative or reactivation fee;
• terminate the Account and delete the associated Customer Content;
• reallocate the released infrastructure to other customers; or
• initiate legal proceedings for damages.

We may act without prior notice where, in our reasonable judgement, the conduct poses an immediate threat to the platform, to other customers or to third parties. Repeated or severe violations may result in permanent deactivation. Some violations may also constitute criminal offences under Applicable Laws.

We may also suspend or terminate the Services, without liability, where your use imposes a legal, insurance or compliance burden disproportionate to the commercial value of the Services, or triggers a formal regulatory inquiry against us.

14. Monitoring, Telemetry and Service Requests

• We deploy monitoring tooling to measure and log your use of the Services — inbound and outbound network volume, API request counts, CPU, memory and disk utilisation, IOPS and latency, resource uptime, and security events. This supports metering and billing accuracy, SLA validation, capacity planning, troubleshooting and abuse detection. It does not extend to inspecting the contents of your instances; see Section 2.6 of the Privacy Policy.
• We are not liable for disruption or loss arising from limitations in, or malicious attacks against, monitoring infrastructure.
• Service requests must be raised through our official channels — the console or support@datadack.com. We may update these channels and will publish any change. We act only on confirmation from a registered contact on the Account.

15. Reboots, Maintenance and Availability

• You may power-cycle and reboot your instances yourself from the console or API. You are responsible for your boot sequence and for ensuring your operating system and applications recover automatically after a restart. We are not liable for loss, corruption or delay arising from your misconfiguration, boot failure, or an action carried out at your request.
• We may reboot, live-migrate or disconnect infrastructure during scheduled maintenance, announced at least 48 hours in advance, or during emergency maintenance where a security vulnerability or imminent hardware failure requires it.
• Our availability commitments, support response targets, exclusions and service credits are set out in the Service Level Agreement, which is incorporated into these Terms. Service credits are your sole and exclusive remedy for any failure to meet a stated availability commitment. Outside those commitments, we do not guarantee uninterrupted availability.

16. Compliance with Law, CERT-In and Government Access

• You must comply with all Applicable Laws in your use of the Services, including data protection, content, export control and sanctions regulations, and directions issued by MeitY and CERT-In.
• You acknowledge that we maintain system logs for a rolling 180-day period within Indian jurisdiction, and customer and IP-allotment records for five years, as required by CERT-In Direction No. 20(3)/2022, and you agree to cooperate with the verification and record-keeping this entails.
• We may cooperate with a court, regulator or law-enforcement agency acting under lawful process, including by providing access to data or reports. Where the law permits us to notify you, we will; where it does not, we cannot.
• You must not publish or transmit content that infringes third-party rights or violates Applicable Laws. On becoming aware of unlawful content we may require its immediate removal and may lock access to the Account.

17. Seizure of Data and Hardware

If a government authority seizes, takes control of, or requires access to any server, equipment or data in connection with your Account, you bear the resulting costs, including the cost of retrieving and supplying the data or hardware as directed, and the replacement cost of any seized hardware. We are not obliged to retain, back up or recover Customer Content held on seized infrastructure, and are not liable for its loss. This is one of several reasons to keep independent backups under Section 9.

18. Inherent Business Risk

You acknowledge that cloud services carry Inherent Business Risk, some of it beyond our control — hardware failure, data-centre incidents, network interruption, and vulnerabilities in third-party software. Subject to the Service Level Agreement and Section 21, we are not liable for losses arising from those inherent risks, and you assume them in provisioning and using the Services.

19. Intellectual Property, Confidentiality and Feedback

• We retain all rights in the DataDack Cloud platform, console, APIs and documentation. You retain all rights in your Customer Content and grant us only the limited rights needed to operate and provide the Services.
• Each party will keep the other's non-public information confidential and use it only for the purposes of these Terms. We handle your data in accordance with the Privacy Policy.
• If you give us feedback or suggestions, we may use them to improve the Services without obligation or compensation to you.

20. Representations and Warranties

Each party represents that it is validly constituted — or, where it is an individual or a proprietorship, that it is of full legal capacity — that it has the authority to enter into these Terms, and that doing so does not conflict with any law or obligation binding on it. You further represent that you are at least 18 years old, that the information and documentation you provide is accurate and not misleading, and that you have the legal right to store, transmit and process the Customer Content you place on the Services.

Except for the commitments expressly stated in the Service Level Agreement, the Services are provided "as is" and "as available" without warranties of any kind, to the maximum extent permitted by law.

21. Limitation of Liability

To the maximum extent permitted by law, DataDack will not be liable for indirect, incidental, special, punitive or consequential damages, or for loss of data, revenue, profit or goodwill. Our aggregate liability for all claims is limited to the fees you paid for the affected Services in the three months preceding the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded.

22. Indemnity

You will indemnify and hold harmless DataDack, its affiliates and its personnel against claims, damages and losses — including reasonable legal costs — arising from your Customer Content, your breach of these Terms or the Acceptable Use Policy, your use of third-party software outside its licence, unauthorised access resulting from your failure to secure your Account, or the acts and omissions of your End Users.

23. Suspension, Termination and De-provisioning

• We may suspend or terminate your access for non-payment or insufficient credit balance, failure to complete identity verification, breach of these Terms or the Acceptable Use Policy, or to protect the platform or other users.
• On termination we de-provision the affected Services: resources are released, allotted IP addresses return to our pool, and Customer Content is deleted. You remain responsible for charges accrued before termination.
• Where an Account has consumed no Services and holds no credit balance for 90 consecutive days, we may treat it as inactive, reclaim reserved resources such as static IPs, and close it after written notice.
• Records subject to a statutory retention period are retained as described in the Privacy Policy, and invoices already issued are not deleted.

24. Closing Your Account

You may close your Account at any time from the console, or by sending a signed self-declaration from your registered email address to support@datadack.com stating that you wish to end the contract and identifying your Account.

On receipt we confirm the request with you by phone or email before acting on it. Resources are terminated 7 days after confirmation, giving you a window to export data. Account and payment data is deleted 30 days after confirmation, except for invoices and records subject to a statutory retention period, which are retained as described in Section 7 of the Privacy Policy. Consumed usage is not refundable; unused credits are handled under the Billing & Credits Terms.

25. Changes to the Services and Terms

We may modify the Services, these Terms, the incorporated policies, or published prices. Material changes are communicated through the console or by email at least 30 days before they take effect. If you object within that period, we will work with you in good faith to resolve the matter; if no resolution is reached, either party may terminate the affected Services. Continued use after the effective date constitutes acceptance.

26. Severability

If any provision of these Terms is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions is unaffected. The invalid provision is replaced by a valid one that comes closest to its commercial purpose. The same applies to any omission in these Terms.

27. Governing Law and Jurisdiction

These Terms and the relationship between you and DataDack are governed by the laws of India, excluding conflict-of-law principles and the UN Convention on Contracts for the International Sale of Goods. The courts at Chandigarh, India — the location of our principal place of business — have exclusive jurisdiction over disputes arising from this relationship. We remain entitled to bring proceedings at your place of business.

28. Contact Us

Service provider

DataDack
2841 Sector-22C, Chandigarh 160022, India
Phone: +91 87080 45050

Billing entity (invoices and payments)

HRIDYANSH SAVINU ENTERPRISES
Best Price, 8, Unit No. 60, Sushma Infinium,
Chandigarh–Ambala Highway, Zirakpur, Punjab 140603, India
GSTIN: 03GDFPM1564R1Z2

• General and technical support: support@datadack.com
• Billing: billing@datadack.com
• Identity verification: verification@datadack.com
• Abuse reports: abuse@datadack.com
• Privacy and data rights: privacy@datadack.com