Terms & Conditions

For the purposes of these Legal Terms, the following definitions apply:

• "Eka Connect" / "Platform" means the AI-powered fleet management Software-as-a-Service (SaaS) product — purpose-built for EKA electric commercial vehicle fleets — including the mobile application (iOS and Android), web-based dashboard, APIs, vehicle telematics integrations, AI diagnostics engine, and all related software and services operated by EKA Mobility.
• "EKA Mobility" / "Company" / "We" / "Us" / "Our" means Pinnacle Mobility Solutions Private Limited (DBA: EKA Mobility), an Indian electric commercial vehicle manufacturer registered under the Companies Act, 2013, and a subsidiary of Pinnacle Industries.
• "EKA Electric Vehicle" / "EKA EV" means any electric commercial vehicle manufactured by EKA Mobility, including but not limited to electric buses (EKA 9M, EKA 12M, EKA Coach), electric trucks (EKA 55T), and electric small commercial vehicles and three-wheelers (EKA K1.5, EKA 3W, EKA 6S), and any future ECV models.
• "Client" / "You" / "Your" means the business entity or individual who has entered into an agreement with EKA Mobility or otherwise been granted authorised access to use the Platform to manage their EKA electric vehicle fleet.
• "Fleet Administrator" / "Admin" means a representative of the Client who is granted administrative access to manage the fleet, assign drivers, configure the Platform, and access fleet analytics.
• "Driver" / "End User" means an individual employed by or contracted to the Client who uses the Eka Connect mobile application to perform fleet missions as assigned by the Fleet Administrator.
• "Services" means all products, software, features, functionality, content, and services offered by EKA Mobility via the Eka Connect Platform, including real-time EV tracking, battery & charging monitoring, AI predictive diagnostics, geofencing, route optimisation, Daily Trails history, fleet analytics, push notifications, and subscription management.
• "Telematics Data" means GPS coordinates, vehicle speed, heading, ignition status, battery state of charge (SoC), battery health and temperature, real-time charging status, energy consumption (kWh), estimated remaining range, regenerative braking data, trip distance, idle time, motor diagnostics, and other operational data generated by EKA electric vehicle onboard systems or mobile devices running the Eka Connect application.
• "Subscription" means the recurring fee-based access license to the Platform granted by EKA Mobility to the Client pursuant to a selected subscription plan.
• "Content" means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, computer code, and other proprietary materials within the Platform.
• "Confidential Information" means any non-public information, technical data, trade secrets, or know-how disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

EKA Mobility manufactures electric commercial vehicles — including electric buses, trucks, and small commercial vehicles — and provides the Eka Connect platform to enable intelligent fleet management of those EKA EVs. The platform comprises the following core service modules:

• Real-Time EV Tracking: Live GPS positioning of all active EKA electric vehicles on an interactive map interface, updated at regular telemetry intervals via onboard vehicle systems and driver mobile devices.
• Battery & Charging Management: Real-time monitoring of battery state of charge (SoC), battery health, temperature, charging status, estimated remaining range, and energy consumption (kWh) across the EKA EV fleet — enabling proactive charge planning and eliminating unexpected range shortfalls.
• AI-Powered Predictive Diagnostics: Machine-learning driven analysis of vehicle health data to detect anomalies, predict component failures before they occur, and schedule preventive maintenance — reducing unplanned downtime and lowering Total Cost of Ownership (TCO) for fleet operators.
• Daily Trails & Route History: Archived GPS route history and trip-by-trip mission logs for driver performance review, legal reconstruction, and fleet auditing.
• Geofencing & Intrusion Alerts: Configurable virtual boundary zones with automated real-time push notification alerts for boundary entry, exit, and after-hours vehicle movement.
• Fleet Analytics & Reporting: Operational dashboards, driver behaviour scoring, energy efficiency analysis, distance reporting, idle time analysis, and customisable data export for fleet intelligence and TCO optimisation.
• Driver & Mission Management: Tools for assigning drivers to EKA EVs and missions, monitoring driver status, and managing fleet rosters.
• Push Notification System: Real-time operational alerts for driver dispatch, geofence breaches, low battery warnings, vehicle security events, and administrative updates.
• Subscription & Billing Management: Self-service plan management, invoice access, and payment processing via Razorpay for B2B clients.

The Services are designed and provided for Business-to-Business (B2B), Business-to-Government (B2G), and Business-to-Consumer (B2C) fleet implementations. They are intended for use by organisations operating EKA electric commercial vehicle fleets (including fleet operators, municipal transport agencies, logistics companies) and, where applicable, the individual consumer end-users interacting with those fleets.

The information provided through the Services reflects live and historical operational data and is not intended for distribution to or use in any jurisdiction where such use would be contrary to applicable law or regulation. You are responsible for ensuring that your use of the Services complies with all laws applicable to your organisation and jurisdiction.

A. Ownership of Platform IP

EKA Mobility is the sole owner or authorised licensee of all intellectual property rights in and to the Services, including but not limited to: the Eka Connect software architecture, the telematics data processing pipeline, the web dashboard and mobile application interface designs, all proprietary algorithms for route optimisation and driver scoring, all source code and databases, the EKA brand, trademarks, and trade dress.

All Content and Marks on the Platform are protected under the Copyright Act, 1957 (India), the Trade Marks Act, 1999 (India), and equivalent intellectual property legislation in applicable jurisdictions. All rights are reserved.

B. Licence Grant to Client

Subject to your compliance with these Legal Terms and payment of applicable subscription fees, EKA Mobility grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to:

• Access and use the Eka Connect web dashboard for the management of your organisation's fleet.
• Download and install the Eka Connect mobile application on authorised devices for use by your drivers within the scope of their employment.
• Access and view fleet data, reports, and analytics generated from your organisation's telematics data.

This licence is granted strictly for your internal business operations and may not be used for any purpose beyond the scope of your subscription plan.

C. Restrictions on Use of IP

You expressly agree that you will not, and will not permit any third party to:

• Reverse Engineering: Decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Eka Connect software, including its telematics processing logic, CAN bus communication protocols, or vehicle diagnostic proprietary code.
• Reproduction & Distribution: Copy, reproduce, aggregate, publish, republish, upload, post, display, encode, translate, transmit, or distribute any part of the Platform or its Content in any medium or format.
• Creating Competing Products: Use any part of the Platform, its data architecture, or its telematics models to build, develop, or offer a competing fleet management product or telematics service.
• Sublicensing: Sell, resell, transfer, sublicense, or otherwise commercially exploit the Services without the prior written consent of EKA Mobility.
• Removing Attributions: Remove, alter, or obscure any copyright, trademark, or other proprietary notice from any part of the Platform.

D. Your Data and Client Content

As between you and EKA Mobility, you retain all rights to the Telematics Data and fleet operational data generated by your organisation's vehicles ("Client Data"). You grant EKA Mobility a non-exclusive, worldwide, royalty-free licence to access, process, store, and use Client Data solely to the extent necessary to provide the Services to you.

EKA Mobility may use anonymised, aggregated, and de-identified Client Data (i.e., data from which all personal and organisational identifiers have been removed) for legitimate business purposes including improving the Platform, developing new features, and generating industry benchmarks.

By using or accessing the Services, you represent and warrant to EKA Mobility that:

• You are at least 18 years of age. The Services are not designed for or directed at persons under 18 years of age.
• You have the full legal capacity and authority to enter into a binding agreement with EKA Mobility, either personally or on behalf of the corporate entity you represent.
• If accessing the Services on behalf of an organisation, you represent that you are duly authorised by that organisation to bind it to these Legal Terms.
• All registration and account information you provide is true, accurate, current, and complete, and you will maintain and promptly update such information to keep it accurate and current.
• You will use the Services only for lawful purposes and in strict compliance with these Legal Terms and all applicable local, national, and international laws and regulations, including Indian law and the laws of any jurisdiction from which you access the Services.
• The vehicles and assets tracked through the Platform are legally owned by or in the lawful custody of your organisation, and all drivers being monitored are employed by or contracted to your organisation with full knowledge that their location and driving behaviour is being recorded.
• You have obtained all necessary consents from drivers and employees whose personal data is processed through the Platform, in compliance with the India DPDP Act, 2023, and any other applicable data protection legislation in your jurisdiction.
• Your use of the Services will not constitute a violation of any applicable export control laws, sanctions regulations, or any applicable laws of India.

If any of the above representations is found to be false or if you breach these Legal Terms, EKA Mobility reserves the right to suspend or terminate your account immediately without prior notice and without any liability to you.

To access the Services, Fleet Administrators and Drivers must register for an account. In creating your account, you agree to:

• Provide accurate, complete, and current registration information including your full name, corporate email address, and mobile phone number.
• Maintain the security and confidentiality of your account password at all times. You must not share your password with any third party.
• Restrict access to your account and registered devices. You acknowledge that you are responsible for all activities conducted on or through your account, whether or not authorised by you.
• Notify EKA Mobility immediately at info@ekamobility.com or 020-67679900 if you suspect any unauthorised use of your account or any security breach.
• Not create an account using a false identity, impersonate any person or entity, or on behalf of a third party without authorisation.
• Not have more than one active account per user unless expressly permitted by EKA Mobility in writing.

EKA Mobility shall not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to disable any account, at any time, in our sole discretion, if we believe you have violated any provision of these Legal Terms.

Fleet Administrator Responsibility: The Fleet Administrator bears full administrative responsibility for all Driver accounts created and managed within their organisation's dashboard, including ensuring that all Driver users have acknowledged these Legal Terms and the Privacy Policy prior to accessing the platform.

A. Subscription Plans

Access to the Eka Connect Platform is provided on a subscription basis. Subscription plans vary by the number of vehicles tracked, the features enabled, and the billing cycle (monthly or annual). The applicable fees are as set out in the pricing schedule communicated to you at the time of purchase or as updated by EKA Mobility with prior notice.

B. Payment Processing

All subscription payments are processed by our authorised third-party payment processor, Razorpay Software Private Limited (CIN: U72900KA2013PTC097030), in accordance with their Terms of Service and Privacy Policy. By making a payment, you agree to be bound by Razorpay's terms.

EKA Mobility does not directly collect, store, or process raw credit card, debit card, or net banking credentials. All financial transaction data is encrypted and managed exclusively by Razorpay, which is PCI-DSS compliant.

C. Billing and Taxes

• You agree to provide current, complete, and accurate billing information, including a valid GST Identification Number (GSTIN) where applicable for B2B invoicing.
• Subscription fees are billed in advance on a monthly or annual basis, depending on your plan. For annual plans, fees for the entire year are charged upfront.
• You authorise EKA Mobility (via Razorpay) to charge your designated payment method on the applicable billing cycle date for all fees owing in respect of your subscription.
• All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, levies, and other governmental charges (including GST) payable in connection with your subscription in your jurisdiction.
• EKA Mobility reserves the right to update pricing at any time, provided that we give you at least 30 days' prior written notice before any price increase takes effect for your subscription.
• Failure to pay subscription fees when due may result in suspension or termination of your access to the Services.

EKA Mobility may, at its sole discretion, offer a free trial of the Eka Connect Platform for a limited period. The following conditions apply to any free trial:

• Free trials are offered for first-time customers only. One free trial per organisation.
• At the conclusion of the free trial period, your subscription will automatically convert to a paid plan and your designated payment method will be billed unless you cancel your subscription before the expiry of the free trial.
• EKA Mobility reserves the right to modify, suspend, or terminate the free trial at any time without prior notice and without liability.
• The Services provided during the free trial are offered on an "as-is" basis, and EKA Mobility expressly disclaims all warranties and representations for the trial period.

Cancellation: You may cancel your subscription at any time by contacting us at info@ekamobility.com or through your account settings. Upon cancellation, your access to the Services will continue until the end of the current paid billing period, after which your account will be deactivated.

No Refunds: All subscription fees paid are non-refundable, including in the event of early cancellation, unused portions of a subscription period, or account suspension resulting from a breach of these Legal Terms. EKA Mobility will not provide pro-rated refunds for any unused portion of a subscription period.

Exceptions: Refunds may be considered by EKA Mobility on a case-by-case basis at our sole discretion where:

• You were charged an incorrect amount due to a billing error on our part.
• You were charged for a service that was not provided due to a material failure on our part.

All refund requests must be submitted within 14 days of the billing date and will be evaluated by our billing team.

Termination by EKA Mobility: If EKA Mobility terminates your account due to a breach of these Legal Terms, you will not be entitled to any refund of fees paid. If we terminate your account for any other reason, we will provide a pro-rated refund for any unused portion of your prepaid subscription.

You agree not to use the Services in any way that is prohibited by these Legal Terms or applicable law. The following activities are expressly prohibited:

A. Technical Misuse

• Attempting to circumvent, disable, or interfere with any security feature of the Platform, including but not limited to tamper-detection systems on hardware tracking units and session authentication mechanisms.
• Injecting fraudulent, falsified, or spoofed GPS coordinates or any other manipulated telemetry data into the Platform.
• Scanning, probing, or testing the vulnerability of the Platform's infrastructure, servers, or networks without our prior written authorisation.
• Uploading, transmitting, or introducing any virus, Trojan horse, worm, ransomware, spyware, malware, or any other malicious or disruptive code.
• Using any automated data-gathering tools (bots, scrapers, crawlers, spiders) to extract, collect, or copy any data from the Platform without our prior written consent.
• Attempting to gain unauthorised access to any part of the Platform, other accounts, or computer systems or networks connected to the Platform.

B. Commercial Misuse

• Systematically retrieving or downloading any Content from the Platform to create or compile, directly or indirectly, a competing fleet management product, telematics database, or related service.
• Reselling, sublicensing, or commercialising any part of the Services without EKA Mobility's express prior written consent.
• Framing, mirroring, or embedding any portion of the Platform on any external website or application.
• Falsely implying any endorsement, partnership, or affiliation with EKA Mobility.

C. Legal and Ethical Violations

• Using the Platform to harass, monitor, surveil, or track any individual without their knowledge and express consent, in violation of applicable Indian and international privacy laws.
• Using the Platform to facilitate or assist any illegal activity, including vehicle theft, trafficking of persons, or smuggling of goods.
• Providing false, inaccurate, or misleading personal, organisational, or billing information to EKA Mobility.
• Using the Services in any manner that could damage the reputation, business, or goodwill of EKA Mobility.
• Violating any applicable laws or regulations in the course of using the Services, including the Information Technology Act, 2000 (India), and applicable data protection legislation.

EKA Mobility reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including removing the offending content, suspending or terminating the user's account, and reporting such activity to law enforcement authorities.

Eka Connect allows drivers and administrators to upload certain content including profile photographs, proof-of-delivery images, vehicle damage documentation photographs, and other operational documents ("User Content").

By uploading User Content, you represent and warrant that:

• You have all necessary rights, licences, consents, and permissions to upload and use the content.
• The content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
• The content is accurate and not misleading, and does not violate any applicable law or regulation.

By uploading User Content, you grant EKA Mobility a non-exclusive, royalty-free, worldwide licence to use, store, display, reproduce, and process the User Content solely for the purpose of providing the Services to your organisation. This licence terminates upon deletion of the User Content or closure of your account, subject to our data retention policies.

EKA Mobility reserves the right to remove any User Content that, in our sole discretion, violates these Legal Terms, applicable law, or is otherwise objectionable, without prior notice and without liability to you.

The Eka Connect Platform integrates with and may contain links to third-party services, including but not limited to:

• Google Maps Platform (for mapping, routing, and geofencing) — governed by the Google Maps Platform Terms of Service.
• Razorpay Software Private Limited (for payment processing) — governed by Razorpay's Terms of Service.
• Amazon Web Services (AWS) (for cloud infrastructure) — governed by AWS's Customer Agreement.

EKA Mobility does not control, endorse, or accept responsibility for any third-party websites, services, or content that may be accessed through the Platform. Their inclusion does not imply any endorsement or affiliation. You acknowledge and agree that EKA Mobility is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party services.

We strongly advise you to read the Terms and Privacy Policies of all third-party services you interact with.

The collection, use, storage, and processing of personal data in connection with your access to and use of the Services is governed by our Privacy Policy, which is incorporated into and forms an integral part of these Legal Terms.

By accepting these Terms, you acknowledge that you have read and understood our Privacy Policy.

A. Location Tracking & Permissions

The Eka Connect Platform requires continuous and active precise GPS location permissions to deliver its core services. By using the Services, you acknowledge and agree that:

• The Platform collects precise, live geolocation data from devices running the Eka Connect mobile application, including in the background (when the application is closed or not in active use).
• This location tracking is strictly used to display assigned vehicle positions on interactive maps, optimize navigation routes, compile historical trip records ("Daily Trails"), assess driving performance scoring, and issue geofence alerts.
• You are responsible for ensuring that all vehicle drivers have been informed of and consented to continuous location tracking as required by applicable data protection laws.

B. User Rights & Account Deletion Flow

To ensure high standards of data protection and facilitate user control over personal information, Eka Connect provides users with complete autonomy to request account deletion and data portability:

• Request Account Deletion: Because accounts are administratively provisioned by your employer or fleet administrator, direct automated deletion is not available. You can initiate a deletion request from within the mobile application under Settings > Account > Request Account Deletion (which assists in sending a pre-formatted email request to info@ekamobility.com), by contacting your organization's Fleet Administrator directly, or by emailing our support team at info@ekamobility.com.
• Data Handling Post-Deletion: Upon receiving and verifying an account deletion request from your organization's administrator or the registered driver, the account will be deactivated within 72 hours. All personally identifiable information (PII) will be permanently erased from our active production systems within 30 days. Historical vehicle telemetry and non-identifiable trip logs will be anonymized and retained in our archives for regulatory compliance and audit purposes.
• Right to Export: Users can request an export of their personal profile and driving telemetry in a structured, machine-readable format (JSON/CSV) directly within the app under Settings > Account > Request Data Export or by contacting Eka support.

C. Data Processing Roles (B2G/B2B vs B2C)

• B2G and B2B Context: Where EKA Mobility processes personal data of Driver users, employees, or citizens on behalf of a Government Agency or Client organisation (as Data Controller), EKA Mobility acts as a Data Processor. The Agency or Client is responsible for ensuring that it has a lawful basis for collecting and sharing such personal data with EKA Mobility, and that all relevant individuals have been informed of and consented to data processing in accordance with applicable laws. Ownership of client-generated data remains with the government or corporate client.
• B2C Context: Where users interact directly with our services as consumers, EKA Mobility may act as a Data Fiduciary (Controller), relying on the consumer's explicit consent.

EKA Mobility reserves the right, in its sole discretion, to:

• Monitor the Services for violations of these Legal Terms and take appropriate enforcement action.
• Restrict, suspend, or disable access to the Services for any user who violates these Legal Terms or applicable law.
• Remove or disable any content that is excessive in size, burdensome to our systems, or in any way violates these Legal Terms.
• Conduct scheduled or emergency maintenance on the Platform. EKA Mobility will endeavour to provide advance notice of planned maintenance with a minimum of 24 hours' notice via in-app notification or email, except in cases of emergency maintenance.
• Modify, update, or discontinue any feature or functionality of the Services with or without notice, subject to the terms of any applicable agreement with you.

EKA Mobility aims to maintain a platform uptime of 99.5% or above per calendar month, excluding scheduled maintenance windows and Force Majeure events. EKA Mobility does not guarantee uninterrupted, error-free, or completely secure access to the Services.

These Legal Terms shall remain in full force and effect while you use the Services and maintain an active subscription account.

Termination by You: You may terminate your account and subscription by providing written notice to EKA Mobility in accordance with Section 8 (Cancellation Policy). You may also request account deactivation and permanent de-identification of personal data at any time from within the Eka Connect mobile application by navigating to Settings > Account > Request Account Deletion (which assists in sending a deletion request to info@ekamobility.com) or by contacting your fleet administrator.

Termination by EKA Mobility: EKA Mobility reserves the right, at our sole discretion and without prior notice or liability, to:

• Suspend or terminate your account and access to the Services immediately if you breach any provision of these Legal Terms.
• Suspend or terminate your account if your subscription payment fails and is not remedied within 7 days of our notification.
• Deny access to the Services to any person or entity, for any legitimate reason, at any time.

Consequences of Termination: Upon termination of your account for any reason:

• Your right to access and use the Services immediately terminates.
• Any provisions of these Legal Terms that by their nature should survive termination shall survive, including sections relating to intellectual property rights, indemnification, limitations of liability, and dispute resolution.
• EKA Mobility will retain your Client Data in accordance with our data retention policy (7 years) for legal and audit purposes. You may request deletion of specific data in accordance with the Privacy Policy.
• You will remain liable for all subscription fees and other charges accrued up to the date of termination.

EKA Mobility reserves the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EKA MOBILITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, EKA MOBILITY DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES (INCLUDING GPS ACCURACY, ROUTE CALCULATIONS, OR DRIVER SCORES) WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS.
• ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
• THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GPS accuracy is inherently subject to limitations including but not limited to atmospheric conditions, urban canyon interference, tunnel obstruction, and hardware calibration. EKA Mobility does not warrant the absolute accuracy of any geolocation data transmitted to or displayed on the Platform. Clients should exercise professional judgement when relying on telematics data for operational decisions.

THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THESE LEGAL TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN WHICH CASE THE EXCLUSIONS SET OUT ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EKA MOBILITY, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND.
• LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL.
• COST OF SUBSTITUTE GOODS OR SERVICES.
• ANY DAMAGES ARISING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) ANY FAILURE OF GPS ACCURACY; (D) ANY VEHICLE THEFT, ACCIDENT, OR INCIDENT THAT OCCURRED DESPITE THE USE OF THE PLATFORM; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE LEGAL TERMS, EKA MOBILITY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF:

• THE AMOUNT ACTUALLY PAID BY YOU TO EKA MOBILITY DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM; OR
• INR 5,000 (INDIAN RUPEES FIVE THOUSAND).

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EKA MOBILITY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THE LAW OF YOUR JURISDICTION DOES NOT ALLOW THESE LIMITATIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, SOLELY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW.

B2C and B2G Provisions

B2C Consumer Protection: If you are using the Services as an individual consumer, our liability for data breaches or service failures is capped as per contract. Nothing in these Legal Terms overrides mandatory consumer rights that cannot be altered by contract under applicable local law.

You agree to defend, indemnify, and hold harmless EKA Mobility, including its subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensors, suppliers, and successors (collectively, the "Indemnified Parties"), from and against any and all claims, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees on a full indemnity basis) incurred by the Indemnified Parties that directly or indirectly arise from:

• Your access to or use of the Services, including any data transmitted or received through your account.
• Your breach of any provision of these Legal Terms, including any representation or warranty made herein.
• Your violation of any applicable law or regulation, including data protection and privacy laws applicable to your use of the Platform.
• Your violation of any rights of a third party, including any Driver, employee, or other person whose data is processed through the Platform.
• Any User Content you upload to the Platform that infringes any intellectual property, privacy, or other right of any person.
• Any wilful misconduct, fraud, or gross negligence on your part or that of your authorised users.

EKA Mobility reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims. EKA Mobility will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

B2G Indemnification

For government fleet (B2G) customers, EKA Mobility will comply with data protection obligations specified by law and contract. The Government Agency shall indemnify EKA Mobility for any penalties or legal liabilities arising from the Agency’s data submissions or from EKA Mobility following the Agency's direct instructions.

These Legal Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law provisions.

Subject to the Dispute Resolution (Arbitration) provisions in Section 20, EKA Mobility and you irrevocably consent and submit to the exclusive jurisdiction of the courts located at Pune, Maharashtra, India for the resolution of any disputes that are not subject to arbitration.

If you are accessing the Services from outside India, you agree to comply with all applicable local, national, and international laws and regulations governing your use. Accessing the Services from jurisdictions where the content or use is illegal or restricted is prohibited, and you do so at your own risk.

A. Informal Resolution

Before initiating any formal legal proceedings, the parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Legal Terms, the Services, or their breach, termination, or validity (a "Dispute") through good-faith negotiations and direct communication. Either party must provide written notice of the Dispute to the other party, and both parties shall have 30 days from the date of such notice to attempt to resolve the Dispute informally.

B. Binding Arbitration

If the Dispute is not resolved within the 30-day informal resolution period, it shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended from time to time. The arbitration shall be conducted by a sole arbitrator mutually agreed upon by both parties within 15 days of the demand for arbitration, or failing such agreement, appointed by the relevant court under the Act.

• Seat of Arbitration: Pune, Maharashtra, India.
• Language: English.
• Governing Law: Laws of India.
• Costs: Each party shall bear its own legal costs, and the arbitrator's fees shall be shared equally by both parties, unless the arbitral award provides otherwise.

The arbitral award shall be final and binding on both parties and shall be enforceable in any court of competent jurisdiction.

C. Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm to intellectual property rights or confidential information, pending the outcome of arbitration.

Visiting the Platform, using the Services, or sending emails to EKA Mobility constitutes electronic communication. You consent to receive electronic communications from EKA Mobility and agree that all notices, agreements, disclosures, and other communications EKA Mobility provides to you electronically, via email or by posting to the Services, satisfy any legal requirement that such communications be in writing.

All notices to EKA Mobility under these Legal Terms must be in writing and delivered to: info@ekamobility.com. All notices from EKA Mobility to you will be delivered to the email address registered with your account. You are responsible for ensuring that your registered email address remains valid and current.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY EKA MOBILITY OR VIA THE SERVICES. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.

• Entire Agreement: These Legal Terms, together with our Privacy Policy and any applicable Order Form, constitute the entire agreement between you and EKA Mobility regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements.
• Severability: If any provision of these Legal Terms is held by a court or arbitral tribunal to be invalid, unlawful, or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable.
• Waiver: No waiver by EKA Mobility of any term or condition set out in these Legal Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of EKA Mobility to assert a right or provision under these Legal Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Legal Terms, or your rights or obligations under them, without the prior written consent of EKA Mobility. EKA Mobility may assign these Legal Terms freely, including in connection with a merger, acquisition, or sale of all or substantially all of our assets, subject to notifying you.
• Independent Contractor: The parties are independent contractors. Nothing in these Legal Terms shall create any partnership, agency, franchise, joint venture, or employment relationship between you and EKA Mobility.
• Force Majeure: EKA Mobility shall not be liable for any failure or delay in performance under these Legal Terms to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, cyberattacks, electrical power failures, or government-imposed restrictions.
• Language: These Legal Terms are written in English. To the extent any translated version of these Legal Terms conflicts with the English version, the English version shall control.
• Headings: Section headings are for convenience only and shall not affect the interpretation of any provision of these Legal Terms.
• B2G Audit and Compliance: For government fleet clients (B2G), the Agency or its authorised agents may audit EKA Mobility's data handling practices for compliance. EKA Mobility commits to meeting any specific government IT security standards explicitly cited in the B2G service contract.