1.1 About These Terms

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Client," "Customer," "you") and Formative Concepts Private Limited ("Company," "we," "us," "our"), a private limited company incorporated under the Companies Act, 2013.

1.2 Company Details

Corporate Name: Formative Concepts Private Limited
CIN: U74102KL2025PTC096759
Registered Address: T.C.84/236/2, Eenchaykkal, Chakka.P.O, Trivandrum 695008, Kerala, India
Contact Email: connect@formativeconcepts.com
Website: https://www.formativeconcepts.com

1.3 Acceptance of Terms

By accessing, browsing, or using our website, services, or any related platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of our services.

1.4 Legal Capacity

You represent and warrant that:

• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into this Agreement
• If acting on behalf of an organization, you have authority to bind such organization
• Your use of our services complies with all applicable laws and regulations

1.5 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified through:

• Email notification to registered users
• Prominent notice on our website
• In-service notifications
• 30 days advance notice for material changes affecting your rights

Continued use of our services after notification constitutes acceptance of modified Terms.

Company/Service Provider: Formative Concepts Private Limited and its affiliates, subsidiaries, directors, officers, employees, agents, and representatives

Services: All products, services, content, features, technologies, and functionalities provided by the Company through any channel

User Content: Any data, information, text, graphics, photos, audio, video, or other materials uploaded, posted, or transmitted by users

Intellectual Property: All copyrights, trademarks, patents, trade secrets, and other proprietary rights

Force Majeure: Events beyond reasonable control including natural disasters, war, terrorism, labor strikes, government actions, or technical failures

Confidential Information: Non-public, proprietary information disclosed by either party

Applicable Laws: All applicable Indian federal, state, and local laws, regulations, and international laws that apply to the user's location

3.1 Service Overview

Formative Concepts Private Limited provides [insert specific service description based on your business model, such as]:

• Digital consulting services
• Business development solutions
• Technology services
• Educational and training programs
• Content creation and marketing services
• [Add other specific services as applicable]

3.2 Service Availability

• Services are available 24/7 unless otherwise specified
• Scheduled maintenance will be announced in advance
• We strive for 99.9% uptime but do not guarantee uninterrupted service
• Service availability may vary by geographic location

3.3 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue services with reasonable notice
• Update features, functionality, or technical requirements
• Change service specifications to comply with legal requirements
• Improve service quality and user experience

3.4 Beta and Experimental Features

• Some features may be offered as beta or experimental
• Beta features are provided "as-is" with limited support
• We may discontinue beta features at any time
• Feedback on beta features may be used for service improvement

4.1 Account Creation

To access certain services, you must create an account by providing:

• Accurate and complete registration information
• Valid contact details including email address
• Proof of identity or business registration (where required)
• Any additional information required for service provision

4.2 Account Security

You are responsible for:

• Maintaining confidentiality of account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Using strong passwords and enabling two-factor authentication where available

4.3 Account Verification

We may require verification of your identity through:

• Government-issued identification documents
• Business registration certificates
• Bank account verification
• Phone number verification
• Address verification

4.4 Account Suspension and Termination

We may suspend or terminate your account for:

• Violation of these Terms or our policies
• Fraudulent or illegal activities
• Non-payment of fees
• Inactivity for extended periods
• Abuse or misuse of services

4.5 Data Export and Account Closure

Upon account termination:

• You may export your data within 30 days
• We will delete your data as per our data retention policy
• Outstanding fees remain payable
• Certain data may be retained for legal compliance

5.1 Fees and Charges

• All fees are stated in Indian Rupees (INR) unless otherwise specified
• Prices are exclusive of applicable taxes, including GST
• International transactions may incur additional charges
• Fees are subject to change with 30 days notice

5.2 Payment Methods

We accept payments through:

• Credit and debit cards
• Net banking
• Digital wallets (PayTM, PhonePe, Google Pay, etc.)
• Bank transfers (NEFT/RTGS/IMPS)
• Cheques (for enterprise customers)
• Cryptocurrencies (where legally permitted)

5.3 Payment Processing

• Payments are processed through secure third-party payment gateways
• We do not store complete credit card information
• Payment confirmation may take 24-48 hours for bank transfers
• Failed payments will result in service suspension

5.4 Billing and Invoicing

• Invoices will be sent to your registered email address
• GST will be charged as per applicable rates
• TDS may be deducted as per Income Tax Act provisions
• Invoice disputes must be raised within 30 days

5.5 Late Payments

• Late payment charges of 2% per month may apply
• Services may be suspended for payments overdue by 15 days
• Legal action may be initiated for payments overdue by 90 days
• Collection costs may be charged to the defaulting party

5.6 Refunds and Cancellations

• Refund eligibility is governed by our Refund Policy
• Refunds will be processed within 7-10 business days
• Refunds will be made to the original payment method
• Processing fees and taxes are generally non-refundable

6.1 Company's Intellectual Property

All content, features, and functionality of our services, including but not limited to:

• Text, graphics, logos, images, audio, and video content
• Software, source code, and algorithms
• Trademarks, service marks, and trade names
• Website design, layout, and user interface
• Proprietary methodologies and processes

Are owned by the Company, its licensors, or other providers and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License to Users

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our services for your personal or internal business purposes
• Download and print materials for personal use
• Use our services in accordance with their intended functionality

6.3 User Content Rights

You retain ownership of content you create or upload, but grant us:

• A worldwide, royalty-free, sublicensable license to use, modify, and display your content
• Rights necessary to provide, improve, and promote our services
• Right to use content for technical operations, including backup and recovery

6.4 Trademark Usage

• You may not use our trademarks without prior written consent
• Authorized partners may use trademarks according to brand guidelines
• Any unauthorized use of trademarks is strictly prohibited
• Fair use for factual references is permitted

6.5 Copyright Infringement

If you believe your copyright has been infringed:

• Send a notice to connect@formativeconcepts.com
• Include identification of the copyrighted work
• Provide location of the infringing material
• Include your contact information and a good faith statement
• We will respond within 48 hours and take appropriate action

6.6 Intellectual Property Indemnification

We will defend you against claims that our services infringe third-party intellectual property rights, provided:

• You notify us promptly of any claims
• You give us control of the defense and settlement
• You provide reasonable cooperation
• You don't modify our services in ways that cause infringement

7.1 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You will not use our services:

• To violate any applicable laws or regulations
• To infringe upon others' rights or privacy
• To transmit harmful, threatening, or offensive content
• To interfere with or disrupt our services or servers

7.2 Prohibited Activities

You specifically agree not to:

Legal Violations:

• Violate any applicable laws, regulations, or third-party rights
• Engage in any form of illegal activity or fraud
• Money laundering or terrorist financing
• Tax evasion or regulatory non-compliance

Service Abuse:

• Attempt to gain unauthorized access to our systems
• Use automated tools to access services without permission
• Reverse engineer, decompile, or disassemble our software
• Create false accounts or impersonate others

Content Violations:

• Upload malicious software, viruses, or harmful code
• Transmit spam, chain letters, or unsolicited communications
• Post defamatory, obscene, or discriminatory content
• Violate intellectual property rights of others

Commercial Misuse:

• Resell or redistribute our services without authorization
• Use services for competing commercial purposes
• Harvest user information for commercial use
• Frame or mirror our website content

7.3 Content Moderation

We reserve the right to:

• Monitor and review user content and activities
• Remove or disable content that violates these Terms
• Suspend or terminate accounts for policy violations
• Cooperate with law enforcement investigations

7.4 Reporting Violations

To report violations of these Terms:

• Email: connect@formativeconcepts.com
• Include a detailed description of the violation
• Provide relevant evidence or documentation
• We will investigate and respond within 48 hours

8.1 Privacy Policy Integration

Your privacy is important to us. Our Privacy Policy, which is incorporated by reference into these Terms, describes:

• What personal information we collect and why
• How we use and protect your information
• Your rights regarding your personal data
• How to contact us about privacy concerns

8.2 Data Protection Compliance

We comply with applicable data protection laws including:

• India's Digital Personal Data Protection Act (DPDP Act), 2023
• Information Technology Act, 2000 and IT Rules, 2011
• General Data Protection Regulation (GDPR) for EU users
• California Consumer Privacy Act (CCPA) for California residents

8.3 Cross-Border Data Transfers

Personal data may be transferred to and processed in countries other than your country of residence. We ensure adequate protection through:

• Standard contractual clauses
• Adequacy decisions by regulatory authorities
• Binding corporate rules
• Other lawful transfer mechanisms

8.4 Data Subject Rights

You have rights regarding your personal data, including:

• Right to access, correct, or delete your information
• Right to data portability and restriction of processing
• Right to object to processing and withdraw consent
• Right to lodge complaints with supervisory authorities

8.5 Data Breach Notification

In the event of a data breach:

• We will notify affected users without undue delay
• Regulatory authorities will be notified as required by law
• We will provide information about the breach and mitigation steps
• We maintain comprehensive incident response procedures

9.1 Service Availability

We strive to maintain:

• 99.9% uptime for our core services
• Maximum response time of 24 hours for support requests
• Scheduled maintenance windows with advance notice
• Redundant systems and backup procedures

9.2 Performance Standards

We commit to:

• Professional quality of services
• Timely delivery of promised deliverables
• Compliance with agreed specifications
• Continuous improvement of service quality

9.3 Warranties and Representations

We warrant that:

• We have the right and authority to provide these services
• Our services will conform to published specifications
• We will perform services with reasonable skill and care
• We will comply with applicable laws and regulations

9.4 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Accuracy or completeness of content

9.5 Service Credits and Remedies

For service level failures:

• Service credits may be provided as specified in service agreements
• Credits do not exceed monthly service fees
• Credits must be requested within 30 days of the incident
• Credits are your exclusive remedy for service level failures

10.1 Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, or other economic advantage
• Business interruption or loss of business opportunities
• Reputational harm or loss of goodwill
• Third-party claims or actions

10.2 Liability Cap

Our total liability to you for all claims arising from or related to these Terms or our services shall not exceed:

• The amount paid by you to us in the 12 months preceding the claim, or
• INR 1,00,000 (One Lakh Rupees), whichever is greater

10.3 Essential Services Exception

The limitation of liability does not apply to:

• Personal injury or death caused by our negligence
• Fraud or fraudulent misrepresentation
• Violations of applicable consumer protection laws
• Other liabilities that cannot be excluded by law

10.4 Force Majeure

We are not liable for delays or failures caused by:

• Natural disasters, wars, terrorism, or civil unrest
• Government actions, legal restrictions, or regulatory changes
• Internet outages, power failures, or infrastructure problems
• Pandemics, epidemics, or public health emergencies
• Other events beyond our reasonable control

10.5 Third-Party Services

We are not responsible for:

• Third-party services or content integrated with our services
• Actions or omissions of our business partners or vendors
• Interruptions in third-party payment processing
• Changes to third-party terms or availability

11.1 User Indemnification Obligations

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of our services
• Your violation of these Terms or applicable laws
• Content you submit, post, or transmit through our services
• Your violation of any third-party rights
• Any fraudulent or illegal activities conducted through your account

11.2 Company Indemnification

We will indemnify you against claims that our services infringe third-party intellectual property rights, subject to:

• Prompt written notice of the claim
• Exclusive control over defense and settlement
• Your reasonable cooperation in the defense
• Your compliance with these Terms

11.3 Indemnification Procedures

The indemnified party must:

• Provide prompt written notice of any claim
• Grant control of defense to the indemnifying party
• Provide reasonable cooperation and assistance
• Not settle claims without written consent

11.4 Indemnification Limitations

Indemnification obligations do not apply to claims arising from:

• Modifications made by the indemnified party
• Use of services in combination with third-party products
• Failure to use the updates or corrections we provide
• Use of services beyond the authorized scope

12.1 Termination by User

You may terminate your account and these Terms:

• At any time by providing 30 days written notice
• Immediately by closing your account through our platform
• Subject to payment of all outstanding fees
• With data export rights for 30 days after termination

12.2 Termination by Company

We may terminate your account and these Terms:

• For material breach of these Terms after 15 days notice
• Immediately for fraud, illegal activities, or security threats
• For non-payment of fees after 30 days notice
• For violation of intellectual property rights
• For extended periods of inactivity (after 12 months)

12.3 Effects of Termination

Upon termination:

• Your right to use our services ends immediately
• We will delete your data per our data retention policy
• Outstanding payment obligations survive termination
• Confidentiality and intellectual property provisions survive
• You must cease all use of our intellectual property

12.4 Data Recovery

After termination:

• Data export must be completed within 30 days
• We may charge fees for extended data access
• Certain data may be retained for legal compliance
• Backup data will be deleted per our retention schedule

12.5 Survival of Terms

The following provisions survive termination:

• Payment obligations
• Intellectual property rights
• Limitation of liability
• Indemnification
• Dispute resolution
• Confidentiality obligations

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, specifically:

• The Indian Contract Act, 1872
• The Information Technology Act, 2000
• Consumer Protection Act, 2019
• Companies Act, 2013
• Other applicable Indian laws and regulations

13.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Thiruvananthapuram, Kerala, India. Both parties consent to the personal jurisdiction of these courts and waive any objection to venue.

13.3 Dispute Resolution Process

Before initiating legal proceedings, parties agree to:

Step 1: Direct Negotiation (30 days)

• Attempt to resolve disputes through good faith negotiations
• Exchange written positions and supporting documentation
• Participate in reasonable settlement discussions

Step 2: Mediation (60 days)

• If negotiation fails, engage in mediation
• Select a mutually agreed mediator or use court-annexed mediation
• Share mediation costs equally
• Mediation proceedings are confidential

Step 3: Arbitration

• If mediation fails, resolve through binding arbitration
• Arbitration under the Arbitration and Conciliation Act, 2015
• Single arbitrator selected by mutual agreement
• Arbitration seat in Thiruvananthapuram, Kerala
• Arbitration conducted in English language

13.4 Consumer Disputes

For consumer transactions under the Consumer Protection Act, 2019:

• Consumers may file complaints with appropriate consumer forums
• Consumer forum jurisdiction based on claim value
• Alternative dispute resolution options available
• Consumer rights cannot be waived

13.5 Emergency Relief

Either party may seek emergency injunctive relief from courts when:

• Immediate harm is likely without intervention
• Arbitration would not provide adequate remedy
• Intellectual property rights are being violated
• Confidentiality breaches require immediate action

13.6 Class Action Waiver

You agree that disputes will be resolved individually, not as class actions, unless prohibited by applicable law.

14.1 Indian Regulatory Compliance

We comply with applicable Indian regulations including:

• Foreign Exchange Management Act (FEMA)
• Goods and Services Tax (GST) regulations
• Income Tax Act provisions
• Reserve Bank of India (RBI) guidelines
• Securities and Exchange Board of India (SEBI) regulations (if applicable)

14.2 International Compliance

For international users, we comply with:

• General Data Protection Regulation (GDPR)
• California Consumer Privacy Act (CCPA)
• Other applicable data protection and privacy laws
• Export control and trade sanctions laws
• Anti-money laundering regulations

14.3 Industry-Specific Regulations

Depending on our services, we may comply with:

• Educational regulations for training services
• Financial regulations for payment processing
• Healthcare regulations for health-related services
• Technology export controls
• Professional licensing requirements

14.4 Regulatory Changes

We reserve the right to:

• Modify services to comply with new regulations
• Request additional information for compliance purposes
• Suspend services in jurisdictions where compliance is not feasible
• Update these Terms to reflect regulatory changes

14.5 User Compliance Obligations

You agree to:

• Comply with all applicable laws in your jurisdiction
• Provide accurate information for regulatory compliance
• Not use services for illegal or prohibited purposes
• Cooperate with our compliance monitoring efforts

15.1 Global Service Availability

Our services may be accessed globally, but:

• Not all features may be available in all countries
• Local laws may restrict certain functionalities
• We may block access from certain jurisdictions
• Service quality may vary by geographic location

15.2 Local Law Compliance

International users must:

• Comply with their local laws and regulations
• Determine if our services are permitted in their jurisdiction
• Handle any required local registrations or approvals
• Pay applicable local taxes and duties

15.3 Currency and Payment

For international transactions:

• Payments processed in INR or local currency
• Exchange rates determined by payment processors
• International transaction fees may apply
• Tax implications vary by jurisdiction

15.4 Data Localization

Where required by local law:

• We may store data within specific jurisdictions
• Data transfer restrictions may apply
• Additional security measures may be implemented
• Compliance costs may be passed to users

15.5 Language and Communication

• Primary language of service is English
• Some content may be available in regional languages
• Legal notices will be provided in English
• Translation accuracy is not guaranteed for non-English content

16.1 Accessibility Commitment

We strive to make our services accessible to users with disabilities by:

• Following Web Content Accessibility Guidelines (WCAG) 2.1
• Providing alternative text for images
• Ensuring keyboard navigation compatibility
• Maintaining appropriate color contrast ratios
• Offering screen reader compatibility

16.2 Assistive Technology Support

Our services are designed to work with:

• Screen readers and voice recognition software
• Keyboard-only navigation
• High contrast and large text settings
• Mobile accessibility features

16.3 Accessibility Feedback

If you encounter accessibility barriers:

• Contact us at connect@formativeconcepts.com
• Describe the specific barrier you encountered
• Suggest alternative access methods if possible
• We will respond within 5 business days

16.4 Reasonable Accommodations

We will provide reasonable accommodations for users with disabilities, including:

• Alternative formats for important documents
• Extended time limits where feasible
• Modified communication methods
• Accessible customer support options

17.1 Environmental Commitment

We are committed to environmental sustainability through:

• Energy-efficient data centers and cloud services
• Paperless operations and digital documentation
• Promoting remote work to reduce carbon footprint
• Supporting renewable energy initiatives

17.2 Social Responsibility

We support social responsibility through:

• Equal opportunity employment practices
• Supporting local communities and charities
• Promoting digital literacy and education
• Ethical business practices and transparency

17.3 Sustainable Practices

We encourage sustainable use of our services by:

• Providing digital alternatives to physical processes
• Optimizing resource usage and efficiency
• Supporting circular economy principles
• Promoting responsible consumption

18.1 Service Updates

We may update our services to:

• Add new features and functionality
• Improve security and performance
• Fix bugs and technical issues
• Comply with legal requirements
• Enhance user experience

18.2 Communication Preferences

You can control communications by:

• Managing email subscription preferences
• Opting out of marketing communications
• Choosing notification frequency and types
• Using do-not-disturb settings

18.3 Important Notices

We will send important notices regarding:

• Changes to these Terms
• Service disruptions or maintenance
• Security incidents or breaches
• Account or payment issues
• Legal or regulatory matters

18.4 Communication Channels

We communicate through:

• Email notifications
• In-service messages and alerts
• Website announcements
• SMS for urgent matters
• Postal mail for legal notices (if required)

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional service-specific agreements, constitute the entire agreement between you and us regarding the use of our services and supersede all prior agreements, understandings, and communications.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be deleted. The remaining provisions shall continue in full force and effect.

19.3 Waiver

No waiver of any provision of these Terms or any breach thereof shall be deemed a waiver of any other provision or any subsequent breach. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any third party at any time without your consent, provided that such assignment does not materially diminish your rights under these Terms.

19.5 Relationship of Parties

Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and us. You are an independent contractor and neither party has authority to bind the other.

19.6 Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, or technical failures.

19.7 Survival

Provisions that by their nature should survive termination will survive, including but not limited to intellectual property rights, limitation of liability, indemnification, governing law, and dispute resolution provisions.

19.8 Headings

The headings and subheadings in these Terms are for convenience only and do not limit or affect the terms and provisions hereof.

19.9 Electronic Signatures

You consent to electronic signatures and agree that electronic signatures have the same legal effect as handwritten signatures.

20.1 Customer Support

For general inquiries and customer support:

• Email: connect@formativeconcepts.com
• Phone: [Insert Customer Support Phone Number]
• Address: T.C.84/236/2, Eenchaykkal, Chakka.P.O, Trivandrum 695008, Kerala, India
• Business Hours: Monday to Friday, 9:00 AM to 6:00 PM IST

20.2 Legal Notices

For legal notices and formal communications:

• Legal Department: legal@formativeconcepts.com
• Address: Same as above
• Response Time: 5-7 business days

20.3 Privacy and Data Protection

For privacy-related inquiries:

• Data Protection Officer: privacy@formativeconcepts.com
• Privacy Helpline: [Insert Privacy Phone Number]

20.4 Business Development

For partnership and business inquiries:

• Business Development: business@formativeconcepts.com
• Partnership Opportunities: partnerships@formativeconcepts.com

20.5 Technical Support

For technical issues and system problems:

• Technical Support: support@formativeconcepts.com
• Emergency Technical Issues: [Insert Emergency Contact]

By using our services, you acknowledge that:

1. You have read and understood these Terms and Conditions
2. You agree to be bound by these Terms
3. You have the legal authority to enter into this Agreement
4. You will comply with all applicable laws and regulations
5. You understand the consequences of violating these Terms

If you do not agree to these Terms, you must immediately stop using our services.

Last Updated: September 03, 2025
Effective Date: September 03, 2025
Version: 2.0
Legal Review Date: September 03, 2025
Next Scheduled Review: March 03, 2026

Document Classification: Public
Approved By: Board of Directors, Formative Concepts Private Limited
Legal Counsel Review: [Insert Legal Counsel Details]

© 2025 Formative Concepts Private Limited. All rights reserved.