Terms of Use

Welcome to EvoKomms! These Terms of Use ("Terms") constitute a legally binding agreement between EvoKomms Technologies Private Limited ("we", "our" or "us") and the organisation or individual accessing or using our platform ("you" or "User"). These Terms govern your access to and use of our web-based platform, mobile application, and all related digital services (collectively, the "Platform").

By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not access or use the Platform.

1. Who We Are

   1. EvoKomms Technologies Private Limited operates a cloud-based Employee Engagement Platform designed for businesses with frontline/deskless employees, enabling organisations to:
      • Centralise internal communications
      • Improve workforce productivity and collaboration
      • Automate business workflows
      • Enhance employee sentiment, feedback, and engagement
      • Enable multilingual, mobile-first communication with built-in AI translation
   2. The Platform provides communication tools, workplace synergy features, workflow automation, analytics, and employee engagement capabilities. While EvoKomms provides the digital infrastructure for interaction, the organisation (employer) is solely responsible for all content and information shared by its users on the Platform, including communication messages, surveys, workflows, tasks, announcements, and media uploads.

2. Scope of the Terms

   1. These Terms apply to:
      • Employer organisations purchasing subscriptions
      • All employees, workers, contractors, and authorised personnel using the Platform
      • HR administrators, system administrators, and department managers managing users on the Platform
   2. These Terms govern all interactions, uploads, workflows, and communications conducted through the Platform, whether accessed via the web, mobile application, or any other interface supported by EvoKomms.

3. Agreement to the Terms

   1. By accessing or using the Platform, you acknowledge and agree that:
      • You have read, understood, and agree to be bound by these Terms
      • You will comply with all applicable laws and workplace regulations while using the Platform
      • Your organisation retains ownership of the content uploaded on the Platform
      • EvoKomms retains ownership of all intellectual property relating to the Platform itself
   2. If you do not agree, you must stop using the Platform immediately.

4. Eligibility

   1. To access and use the Platform, you must be a registered employee, contractor, intern, administrator, representative, or authorised personnel of an organisation that has subscribed to EvoKomms. Independent use of the Platform by individuals who are not associated with a subscribing organisation is not permitted.
   2. By accessing or using the Platform, you confirm that you are legally permitted to do so under the policies of your employer and the laws applicable to your jurisdiction. You further represent that you have the legal capacity to enter into and comply with these Terms.
   3. If you are accessing or using the Platform on behalf of a company, organisation, government department, or other employer entity, you represent and warrant that:
      • You have been granted the authority to do so
      • You are acting within the scope of your employment or engagement
      • All actions carried out under your account will be deemed authorised by the employer
   4. Use of the Platform is restricted to employment-related and organisational purposes only. Access must not be used for personal commercial gain, unlawful activities, or non-business purposes.
   5. The Platform must not be accessed by individuals who are not employed or authorised by the subscribing organisation. If a user ceases to be associated with the employer (for example, due to resignation, termination, expiry of contract), the employer or administrator is responsible for revoking access.
   6. The Platform must not be used in countries or regions where access would violate applicable laws, including data residency, export control, or sanctions restrictions. EvoKomms reserves the right to refuse access to any user or organisation where use of the Platform would be non-compliant with legal, regulatory, cybersecurity, or data protection requirements.
   7. EvoKomms reserves the right, at its discretion, to suspend, restrict, or terminate access if we determine that:
      • Eligibility conditions have not been met
      • A user is not authorised to access the Platform
      • Continued access would pose a security or compliance risk
      • The employer's subscription or agreement has expired, been suspended, or terminated

5. Account

   1. To access and use most features of the Platform, including communication, workflow tools, task management, surveys, announcements, and analytics, each user must have a verified Platform account created through the authorised onboarding process.
   2. User accounts are provisioned through an enterprise-controlled onboarding model. Administrators of the subscribing organisation add or upload authorised users to the Platform. The Platform then sends an email / SMS / WhatsApp verification link or OTP to the user for authentication, after which the user must set a password and complete account activation.
   3. Each user agrees to provide accurate, current, and complete information during onboarding and to update such information promptly when changes occur (e.g., change of phone number or email).
   4. Your account and login credentials are personal to you and must not be shared with any other individual, including colleagues, supervisors, family members, or third parties. Shared, group, or generic accounts are strictly prohibited.
   5. You are solely responsible for:
      • Maintaining the confidentiality of your login credentials
      • Ensuring secure access to your device and network while using the Platform
      • All activities performed under your account, whether authorised or not
   6. EvoKomms is not responsible for any loss or damage arising from unauthorised access caused by your failure to secure your credentials
   7. If you suspect that your account or password has been compromised, you must immediately reset your password and report it to your organisation's administrator.
   8. Each subscribing organisation may designate multiple types of administrative roles, including but not limited to:
      • Enterprise Administrator
      • HR / People Operations Administrator
      • Department / Location Manager
      • Employee / Worker
   9. Administrative access levels determine who can view, edit, approve, add, delete, restrict, and generate reports relating to workflows, employees, content, and communication. Administrators must exercise their privileges responsibly and in accordance with workplace law.
   10. Because accounts are tied to employment or authorised engagement, the employer retains exclusive authority to remove users, suspend access, or terminate accounts. EvoKomms is not responsible for access control or user removal when employment or engagement ends unless specifically notified by the organisation.
   11. EvoKomms may suspend, restrict, or permanently terminate accounts if:
       • Login credentials are misused
       • The Platform is accessed fraudulently or by unauthorised users
       • Users violate these Terms or any applicable policies
       • The employer's subscription lapses, is not renewed, or is terminated
       • Continued access poses a security, operational, or regulatory risk
   12. EvoKomms is not responsible for any consequences resulting from employer-initiated or EvoKomms-initiated suspension or termination performed in accordance with these Terms.

6. How the Platform Works

   1. The Platform is designed to enhance organisational communication, collaboration, and workflow automation for frontline and deskless employees. While EvoKomms provides the digital infrastructure, the subscribing organisation (employer) controls how the Platform is used internally.
   2. The Platform enables secure, real-time, workplace communication through features such as:
      • Organisation-wide announcements
      • Targeted broadcasts to departments / roles / locations
      • Instant messaging
      • Group discussions and team feeds
      • Multilingual support with AI-powered translations
   3. EvoKomms facilitates hosting, display, and transmission of communication content, but all communication originates from and is controlled by the employer and its authorised users.
   4. The Platform offers tools to foster collaboration and organisational culture, including:
      • Pulse surveys
      • Idea submissions and challenges
      • Rewards and recognition modules
      • Employee directory
      • Participation metrics
   5. EvoKomms provides analytics and dashboard insights, but interpretation of analytics and workforce decisions based on such insights are the sole responsibility of the employer. The Platform is not designed for performance evaluation or disciplinary decision-making.
   6. The Platform enables employers to automate internal processes through features such as:
      • Multi-step workflows
      • Approvals and escalations
      • Task delegation
      • Document and media attachments
      • Compliance checklists and bespoke workflow structures
   7. Workflow structures and content are created and owned by the employer, and EvoKomms merely enables their execution.
   8. The Platform functions as a digitally connected internal workspace of the employer. This means:
      • The employer controls onboarding and removal of users
      • The employer determines permitted usage within the workplace context
      • The employer is responsible for monitoring and governing content shared by its users
   9. EvoKomms is not responsible for workplace policies, employment disputes, managerial decisions, or consequences of communication between users.
   10. The Platform may integrate with certain third-party systems for functionality purposes, such as:
       • Push notification delivery
       • Analytics
       • Cloud storage
       • Translation APIs
   11. While such tools assist in delivering Platform services, they do not alter content ownership or accountability, which always remains with the employer.
   12. EvoKomms provides the technical means through which users communicate and collaborate. EvoKomms:
       • Does not author or control organisational communication or workflow decisions
       • Does not supervise employee behaviour or enforce organisational policies
       • Is not responsible for employment-related, HR-related, or managerial outcomes
   13. Each subscribing organisation is solely responsible for internal usage and must ensure compliance with applicable employment, workplace, data, and industry regulations.

7. User Conduct

   1. By accessing or using the Platform, you agree to behave lawfully, responsibly, and professionally and to use the Platform only for authorised organisational purposes. You must not upload, post, transmit, store, or otherwise make available through the Platform any content or engage in any activities that violate these Terms or applicable laws.
   2. Without limiting the generality of these Terms, you expressly agree not to engage in any of the following:
      1. Unlawful or Harmful Content: Content that is:
         • False, misleading, defamatory, abusive, harassing, threatening, vulgar, or discriminatory
         • Obscene, sexually explicit, pornographic, exploitative, or degrading
         • Politically extremist, hate-based, or inciting violence
         • Related to gambling, drugs, weapons, terrorism, trafficking, or other criminal activities
      2. Content involving minors in sexual or abusive contexts is strictly prohibited and will be reported to law enforcement wherever applicable.
      3. Sexual Exploitation and Abuse: The following are strictly banned:
         • Sexualised depiction of minors
         • Non-consensual intimate images or deepfakes
         • Sharing of sexual harassment material
         • Coercive or exploitative sexual content in any form
      4. Workplace Misconduct: The Platform must not be used to:
         • Bully, harass, stalk, discriminate, or intimidate colleagues
         • Spread rumours or personal information about other employees
         • Make derogatory or inflammatory remarks about individuals or groups
      5. Violation of organisational workplace policies through the Platform is prohibited.
      6. Intellectual Property Violations: You must not upload or distribute content that:
         • Uses copyrighted images, videos, music, text, logos, or media without permission
         • Violates trademarks, moral rights, or proprietary rights of others
      7. Privacy Violations: You must not share or disclose:
         • Personal information about another individual without consent
         • Sensitive employment-related or medical information unless permitted by workplace policy
         • Confidential business information to unauthorised persons
      8. Fraudulent or Deceptive Activity: You must not
         • Impersonate another person or organisation
         • Misrepresent identity, authority, or credentials
         • Attempt to extract money, data, or favours using deception
      9. Cybersecurity & Platform Abuse: You must not
         • Upload or distribute malware, viruses, ransomware, or spyware
         • Tamper with, bypass, or disable security or authentication systems
         • Reverse-engineer, copy, or reproduce the Platform
         • Attempt to overload servers or disrupt services
      10. Misuse of Communication Tools: The Platform must not be used for
          • Chain messages, spam, mass solicitations, or advertisements
          • Political campaigning or religious proselytising
          • Personal businesses or commercial gain unrelated to employment
   3. EvoKomms provides the Platform as a technology intermediary and does not supervise, monitor, or control day-to-day workplace communication or employee behaviour on behalf of the subscribing organisation. The employer retains full responsibility for governing internal usage of the Platform, including supervising employee conduct, enforcing workplace policies, and determining access permissions for its users. Notwithstanding this, EvoKomms reserves the right to review, restrict, disable access to, or remove any content or activity on the Platform if such content or activity is found to violate applicable laws, regulatory requirements, workplace safety standards, data protection rules, or these Terms. Where necessary to protect the integrity and stability of the Platform, to ensure the safety of users, or to comply with legal or regulatory obligations, EvoKomms may suspend, restrict, or permanently terminate access for individual users, for specific user groups, or for an entire subscribing organisation. All moderation or enforcement actions taken by EvoKomms in the interest of legal compliance, security, or system integrity are final, and EvoKomms shall not be responsible for any employment-related consequences, disciplinary actions, or organisational outcomes that may follow from such moderation decisions.
   4. EvoKomms operates solely as a technology intermediary and complies with applicable digital, cybersecurity, and regulatory requirements in the jurisdictions where the Platform is used. Where mandated by law or reasonably necessary to protect users or the integrity of the Platform, EvoKomms may restrict or disable access to content that is harmful, illegal, or non-compliant; notify or cooperate with relevant law enforcement authorities; and preserve data logs or account information for investigative or evidentiary purposes. All moderation or enforcement actions taken by EvoKomms in the interest of safety, regulatory compliance, or risk management are final and may be undertaken without prior notice to the affected user or organisation if circumstances require immediate action.
   5. The subscribing organisation (employer) retains full responsibility for the conduct of its users on the Platform, including establishing and implementing policies regarding acceptable behaviour, regulating internal access and usage, and managing workplace issues or disputes that arise from communications or interactions on the Platform. EvoKomms does not adjudicate workplace complaints or employment-related matters and does not participate in disciplinary decisions, grievance handling, or HR investigations. Repeated or serious violations of this clause may result in permanent removal of user access by EvoKomms and may independently trigger disciplinary action or legal consequences determined and executed by the employer in accordance with applicable employment laws and internal company policies.

8. Subscription, Payments, and Billing

   1. EvoKomms is offered on a Software-as-a-Service (SaaS) subscription basis, under which subscribing organisations ("Customers") pay recurring fees to access the Platform and its features.
   2. Subscription pricing may follow a per-user or per-seat model, a tiered or feature-based model, and may be billed on a monthly or annual basis, with a minimum seat requirement of one user unless otherwise specified in a commercial agreement.
   3. EvoKomms may, at its discretion, provide access to a free trial or pilot deployment, and the scope, duration, and limitations of such trials will be communicated at the time of enrolment; trials are not guaranteed, may be withdrawn at any time, and continued access upon expiry of a trial requires a paid subscription, and EvoKomms has no obligation to store or retain trial data unless a subscription begins.
   4. Pricing for subscription plans and any add-on services will be communicated at the time of purchase or renewal, and invoicing may occur monthly or annually, with discounted pricing potentially applying to annual subscriptions. All subscription fees are exclusive of taxes unless explicitly stated otherwise and must be paid in full by the applicable due date in order to maintain uninterrupted access to the Platform.
   5. Where required by law, applicable taxes, levies, and statutory deductions will be added or withheld. By purchasing a subscription, the Customer authorises EvoKomms to charge the selected payment method for subscription fees, including processing automatic recurring payments for renewals unless cancelled in accordance with these Terms. If payment fails or is not received by the due date, EvoKomms may restrict or suspend access to the Platform and data access may remain limited until all outstanding dues are fully paid.
   6. Subscriptions automatically renew at the end of each billing cycle unless cancelled by the Customer prior to the renewal date or terminated in accordance with these Terms. If automatic renewal fails due to reasons such as expired payment credentials or insufficient funds, EvoKomms may attempt to collect payment multiple times before suspending access.
   7. Unless otherwise stated in a written commercial agreement, refunds will not be issued for partial usage, non-usage, or mid-term cancellations; if a Customer cancels mid-cycle, access will continue until the end of the paid term, and once a subscription ends, any unused seat allocation or unutilised time will not be refundable. If EvoKomms terminates access due to a violation of these Terms, no refund shall be due.
   8. EvoKomms aims to provide reliable and secure service availability. Where applicable, service level expectations and compensation terms may be defined under a standalone Service Level Agreement (SLA) or the commercial agreement signed with the Customer; where no SLA exists, the Platform is provided on a best-effort basis.
   9. EvoKomms provides onboarding support through platform orientation materials, help articles, documentation, and tutorial-style instructional videos, while personalised onboarding assistance or training may be made available separately as paid support packages. Subscription payments may be billed in different currencies depending on the region, and the Customer is responsible for currency conversion fees, foreign exchange charges, cross-border levies, or similar charges imposed by third-party financial institutions. EvoKomms reserves the right to update subscription pricing or plan structure from time to time and will notify Customers in advance of any material price change; continued use of the Platform after the updated pricing takes effect constitutes acceptance of the revised pricing.

9. Content Ownership and Licensing

   1. All content submitted, uploaded, transmitted, generated, or stored on the Platform by users, including messages and announcements, workflow structures, tasks, approvals, surveys, responses, files, documents, media uploads, analytics, logs, and interaction data generated through Platform usage, is collectively referred to as "User-Generated Content".
   2. All User-Generated Content is and shall remain the exclusive property of the subscribing organisation (the employer), and EvoKomms does not claim any ownership rights over the content created or exchanged by the Customer or its users. To enable seamless functioning of the Platform, the Customer grants EvoKomms a non-exclusive, worldwide, royalty-free licence to host, store, display, process, transmit, reproduce, translate, index, analyse, and otherwise use User-Generated Content solely for the purposes of providing the services, ensuring multilingual communication, facilitating workflow execution, enhancing searchability, enabling analytics, and allowing the content to be accessed by authorised users within the Customer's organisation.
   3. This licence is strictly limited to Platform operation and service delivery, does not grant EvoKomms the right to sell, commercialise, or publicly display User-Generated Content, and automatically terminates once Customer data is permanently deleted in accordance with applicable data retention laws.
   4. The employer is solely responsible for the accuracy, legality, and appropriateness of User-Generated Content, for ensuring that users have the right to upload and distribute such content, and for resolving disputes relating to content ownership, authorship, or attribution. EvoKomms does not supervise, validate, verify, or endorse any User-Generated Content.
   5. Visibility of content within the Platform will depend entirely on the access permissions configured by the employer, and content may be visible to all users of the Customer, to designated departments or locations, or only to specific individuals or workflow participants. EvoKomms bears no responsibility for internal access decisions, permission settings, or visibility configurations determined by Customer administrators.
   6. Upon request by the Customer, User-Generated Content may be archived, restricted, or deleted from active view, and permanent deletion may be processed subject to applicable legal, regulatory, and data retention requirements in the relevant jurisdiction. EvoKomms does not delete content at the request of individual employees unless expressly instructed by the subscribing organisation or required by applicable law. Workflow structures, templates, surveys, automations, and other configuration elements created by the Customer remain the Customer's intellectual property. EvoKomms will not reuse or replicate Customer-specific configurations for other organisations without explicit consent, except where such usage is anonymised or aggregated and applied solely for generic product improvement.
   7. All intellectual property inherent in the Platform itself, including source code, backend architecture, UI/UX and design, database schemas, AI-powered translation logic, automation engine, workflow technology, and other proprietary features is owned exclusively by EvoKomms Technologies Private Limited. Customers and users are strictly prohibited from copying, reproducing, modifying, reverse engineering, decompiling, attempting to extract or derive source code, creating derivative works, or using the Platform or any part of its technology to build, train, support, promote, or enhance a competing service. EvoKomms may request permission from Customers to display logos, share testimonials, or publish case studies and success stories for marketing and promotional purposes; such use shall occur only with Customer consent, and the Customer may withdraw such permission at any time.

10. Termination of Access and Account Cancellation

    1. Because access to the Platform is tied to employment or authorised engagement, the subscribing organisation (Customer) has full and exclusive authority to add or remove users from the Platform, suspend or restrict a user's access, or terminate a user account entirely. EvoKomms will act upon account termination instructions issued by the Customer, and individual employees cannot request account deletion directly unless required by applicable law. Employees and authorised users may deactivate their account only through their organisation's designated administrator, and EvoKomms does not accept direct account deletion requests from individual users unless legally mandated. If a user leaves the organisation, the employer is responsible for revoking access and EvoKomms shall not be liable for any continued access that results from the employer's failure to carry out timely removal.
    2. EvoKomms may partially or fully suspend access to a user, a group of users, or an entire Customer organisation if there is a breach of these Terms, if the Platform is used for unlawful or harmful activities, if risks to security or data protection are identified, if subscription fees are overdue or unpaid, if access violates regulatory requirements, sanctions, or legal restrictions, or if the Customer or its users interfere with the stability or integrity of the Platform. EvoKomms reserves the right to refuse reinstatement where safety, compliance, or operational risks continue to exist.
    3. When the Customer's subscription to the Platform ends, all user access will be disabled. Post-termination access to data, if any, will be governed exclusively by the subscription and related commercial agreement, and EvoKomms will have no obligation to retain Customer data beyond statutory retention requirements and contractually defined periods. Upon request, EvoKomms may provide a data export to the Customer, subject to applicable fees, technical feasibility, and legal or compliance obligations.
    4. When an individual user account is terminated, that user's login credentials will be disabled and access to workflows, communication history, and analytics will cease; however, contributions previously made in the Platform, including messages, tasks, workflow submissions or any other User-Generated Content, may continue to remain accessible to the employer as part of organisational records. EvoKomms is not responsible for any employment consequences, internal disciplinary action, or HR outcomes arising from a user's removal.
    5. No refunds shall be issued to the Customer if access is terminated due to misuse of the Platform, violation of these Terms or applicable laws, non-payment, disruption or attempted disruption of Platform services, or breach of intellectual property or cybersecurity rules. The following provisions shall survive expiration or termination of access for any reason: Intellectual Property, Content Ownership, Confidentiality, Indemnification, Limitation of Liability, and Governing Law and Dispute Resolution. Termination of access does not relieve the Customer of any outstanding payment obligations incurred prior to the termination date.

11. Disclaimers, Limitation of Liability, and Indemnification

    1. The Platform, including all features, functionality, and services provided through it, is made available strictly on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. EvoKomms does not guarantee that the Platform will meet the expectations or internal goals of the Customer or its users, that the use of the Platform will improve productivity, engagement, employee retention, or organisational efficiency, or that the Platform will be uninterrupted, error-free, secure, or free from data loss. No advice or communication from EvoKomms, whether verbal or written, shall be deemed to create any warranty unless explicitly stated in writing.
    2. The Platform is a technology facilitation tool and is not intended to serve as a human resources management system or labour decision platform. EvoKomms is not responsible for disciplinary actions, disputes, promotions, demotions, terminations, managerial decisions, employee behaviour, communications or content shared through the Platform, performance assessments, sentiment interpretation, organisational restructuring, or any other workforce-related or employment-related consequences. All actions taken by the Customer with respect to its workforce are entirely independent of EvoKomms.
    3. To the maximum extent permitted by applicable law, EvoKomms and its affiliates, directors, officers, personnel, and representatives shall not be liable for indirect, incidental, special, consequential, punitive, exemplary, or aggravated damages, including but not limited to loss of profits, revenue, goodwill, business opportunities, anticipated savings, loss of data, corruption of data, downtime, or service interruption caused by third-party networks, integrations, cloud providers, or Customer infrastructure, regardless of whether the claim arises in contract, tort, negligence, strict liability, statutory liability, or any other legal theory. To the fullest extent allowed by law, EvoKomms' aggregate liability for all claims arising out of or related to the Platform, these Terms, or any subscription shall not exceed the total subscription amount paid by the Customer to EvoKomms during the three (3) months immediately preceding the event giving rise to the claim. Where the Customer is using the Platform under a free trial, unpaid plan, beta access, or pilot deployment, EvoKomms' aggregate liability shall be zero.
    4. The Customer, including its officers, administrators, representatives, and users, agrees to indemnify, defend, and hold harmless EvoKomms from and against any claims, damages, liabilities, losses, penalties, or expenses (including reasonable legal fees) arising from misconduct or violation of these Terms by users; content uploaded, transmitted, or shared on the Platform; misuse of Platform features; violations of privacy, workplace regulations, or intellectual property rights; employment disputes or HR actions; or use of the Platform in unlawful, harmful, negligent, fraudulent, or non-compliant ways.
    5. The Platform may rely on or integrate with third-party service providers, including but not limited to cloud hosting platforms, analytics providers, notification delivery providers, and translation APIs. EvoKomms does not warrant or guarantee the availability, reliability, continuity, or security of third-party services, nor does EvoKomms guarantee compatibility of Platform features with third-party updates, outages, or policy changes. EvoKomms shall not be liable for any failure, disruption, downtime, or error caused by third-party systems or infrastructure.
    6. By accessing or using the Platform, the Customer acknowledges and agrees that these limitations of liability are a fundamental basis of the subscription pricing and business model of EvoKomms, and that the Platform is not designed for use in high-risk environments requiring fail-safe performance, including but not limited to emergency services, critical care, life support systems, aviation, defence, nuclear operations, or any application where Platform failure could result in physical injury, death, or catastrophic damage. If the Customer chooses to deploy the Platform in such environments, they do so entirely at their own risk and without liability to EvoKomms.

12. Governing Law, Dispute Resolution, and Contact Information

    1. These Terms, and any disputes, claims, or controversies arising out of or relating to the Platform or the relationship between EvoKomms and the Customer or its users, shall be governed by and interpreted in accordance with the laws of India, without regard to conflict-of-law principles.
    2. Subject to the arbitration requirement stated below, the courts located in Hyderabad, Telangana, India shall have exclusive jurisdiction over all disputes relating to these Terms or the Platform, and both parties irrevocably submit to the personal jurisdiction of such courts.
    3. Before initiating legal proceedings, the Customer agrees to participate in a good-faith dispute resolution process whereby a written notice of dispute must first be submitted to EvoKomms, the parties will attempt informal resolution for a period of thirty (30) days, and if the dispute remains unresolved thereafter, the matter shall be referred to binding arbitration. Arbitration shall be conducted in English, by a sole arbitrator mutually appointed by the parties, in accordance with the Arbitration and Conciliation Act, 1996, with the venue (seat) of arbitration in Hyderabad, India, and the arbitration award shall be final, binding, and enforceable in any court of competent jurisdiction.
    4. To the fullest extent permitted by law, all disputes arising from or relating to the Platform or these Terms must be pursued only on an individual basis. Class actions, collective actions, private attorney-general actions, representative actions, and group litigation are expressly prohibited, and no party may bring claims as a plaintiff or class member in any purported class or representative proceeding. EvoKomms may seek injunctive, protective, or equitable relief without the requirement to post a bond in circumstances involving misuse of the Platform, intellectual property infringement, security breaches or attempted breaches, or unauthorised access to data or systems.
    5. All legal communications, complaints, notices, or escalations relating to these Terms must be submitted in writing to the designated grievance and legal contact of EvoKomms. The current point of contact is:

       Grievance Officer / Data Protection Officer: Naynika Das

       Email: [email protected] ; [email protected]

       Phone: +91-7386937888

       and if these details are updated, the most recently published version on the Platform shall apply.
    6. If any provision of these Terms is held to be invalid or unenforceable by a competent authority, the remaining provisions shall continue in full force and effect. Failure by EvoKomms to enforce any provision of these Terms shall not be construed as a waiver of that provision or of the right to enforce it at a later time.
    7. EvoKomms may assign or transfer these Terms to an affiliate or successor entity as part of a merger, acquisition, restructuring, reorganisation, change of control, or transfer of business operations; however, the Customer may not assign these Terms or transfer its subscription or rights under these Terms without the prior written consent of EvoKomms.
    8. These Terms constitute the entire agreement between EvoKomms and the Customer and its users regarding access to and use of the Platform, and supersede all prior oral or written agreements, representations, or understandings on the same subject matter.