Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the e-Records platform ("Service"), a Software as a Service (SaaS) solution designed for Indian government departments. By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

• "Service" refers to the e-Records platform and all its features, modules, and functionalities
• "User" refers to any government employee or authorized personnel accessing the Service
• "Department" refers to the government department or organization subscribing to the Service
• "Content" refers to all files, documents, data, and information uploaded or created within the Service
• "We," "Us," "Our" refers to the e-Records service provider

3. Eligibility & User Accounts

3.1 Authorized Users

The Service is exclusively for use by:

• Government employees of authorized departments
• Officials with valid government identification
• Individuals 18 years of age or older
• Personnel who have received proper training and authorization

3.2 Account Registration

To use the Service, you must:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Register using your official government email address
• Comply with your department's user provisioning procedures

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access
• Enabling multi-factor authentication (MFA) as required
• Not sharing your account with others

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for:

• Official government business and departmental workflows
• Processing files, correspondence, and records as per CSMOP guidelines
• Collaboration with authorized colleagues within your department
• Compliance with the Public Records Act, 1993 and related laws

4.2 Prohibited Activities

You must NOT:

• Use the Service for personal, commercial, or non-governmental purposes
• Upload malicious software, viruses, or harmful code
• Attempt to gain unauthorized access to any part of the Service
• Reverse engineer, decompile, or disassemble the platform
• Scrape, copy, or extract data using automated tools without authorization
• Share classified or secret documents outside authorized channels
• Circumvent security measures or access controls
• Impersonate another user or provide false information
• Interfere with or disrupt the Service or servers

5. Content & Intellectual Property

5.1 Your Content

You retain ownership of all Content you upload to the Service. However:

• You grant us a license to store, process, and display your Content as necessary to provide the Service
• All government records are subject to the Public Records Act, 1993
• Content may be subject to RTI requests and audit requirements
• You are solely responsible for the accuracy and legality of your Content

5.2 Our Intellectual Property

The Service, including its software, design, features, and documentation, is our exclusive property and is protected by:

• Indian copyright laws
• Trade secret laws
• International intellectual property treaties

You may not use our trademarks, logos, or branding without prior written consent.

5.3 Government IP

Content created by government employees in the course of official duties may be subject to government ownership as per applicable service rules.

6. Service Level & Availability

6.1 Service Level Agreement (SLA)

• Uptime Guarantee: 99.9% monthly uptime (excluding scheduled maintenance)
• Scheduled Maintenance: Notified at least 48 hours in advance
• Emergency Maintenance: May be performed without prior notice
• Support Response: Within 24 hours for critical issues

6.2 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any feature of the Service
• Update the platform for security, compliance, or performance improvements
• Change these Terms with 30 days' notice

7. Data Protection & Privacy

Our collection and use of personal data is governed by our Privacy Policy, which complies with:

• Digital Personal Data Protection Act (DPDP Act), 2023
• Information Technology Act, 2000
• Government data protection guidelines

Key commitments:

• 100% data localization within India
• Encryption of data at rest and in transit
• Immutable audit logs for all actions
• No sale or unauthorized sharing of data

8. Compliance & Legal Obligations

8.1 Regulatory Compliance

The Service is designed to comply with:

• CSMOP: Central Secretariat Manual of Office Procedure
• Public Records Act, 1993: Record retention and archival
• GIGW: Guidelines for Indian Government Websites
• WCAG 2.2: Level AA accessibility standards
• eGOV-PID: Metadata standards for NAI transfers

8.2 User Compliance

You must:

• Comply with all applicable laws and departmental policies
• Follow classification and security protocols for sensitive documents
• Adhere to record retention schedules
• Cooperate with RTI requests and audits
• Report security incidents immediately

9. Liability & Disclaimers

9.1 Service "As Is"

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Uninterrupted or error-free operation
• Accuracy or completeness of Content

9.2 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of data, profits, or business opportunities
• User errors, misuse, or unauthorized access by third parties
• Force majeure events (natural disasters, war, pandemics, etc.)

9.3 User Responsibility

You are solely responsible for:

• Maintaining backups of critical data
• Ensuring accuracy and legality of uploaded Content
• Compliance with departmental and legal requirements
• Decisions made based on data within the Service

10. Indemnification

You agree to indemnify, defend, and hold harmless e-Records and its affiliates from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your Content or use of the Service
• Unauthorized access to your account due to your negligence

11. Termination

11.1 Termination by User/Department

Your department may terminate your access by:

• Providing written notice as per contract terms
• Following data export and transition procedures

11.2 Termination by Us

We may suspend or terminate your access if:

• You violate these Terms or Acceptable Use Policy
• Your account is involved in security incidents
• Required by law or government directive
• Your department's subscription expires or is cancelled

11.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• Data will be retained as per record retention schedules
• Audit logs will be preserved for compliance purposes
• Data export can be requested within 30 days (subject to fees)

12. Dispute Resolution

12.1 Grievance Redressal

For any concerns or disputes:

• Contact our Grievance Officer at grievance@erecords.gov.in
• We will acknowledge within 48 hours and respond within 30 days

12.2 Governing Law

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of courts in New Delhi, India.

13. Miscellaneous

13.1 Entire Agreement

These Terms, along with our Privacy Policy and any applicable Department Service Agreement, constitute the entire agreement between you and us.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to any successor or affiliate.

13.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

14. Updates to Terms

We may revise these Terms from time to time. Material changes will be notified via:

• Email to registered users
• In-platform notifications
• Updated "Last Modified" date on this page

Continued use of the Service after changes constitutes acceptance of the revised Terms.

15. Contact Information

For questions about these Terms:

Email: dpo@erecords.gov.in

Phone: 1800-XXX-XXXX

Grievance Officer:

Email: grievance@erecords.gov.in

Response Time: Within 30 days

Mailing Address:

e-Records Data Protection Office

Department Address]

India

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By using e-Records, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.