Terms of service

These Terms of Service (“Terms”) govern your access to and use of the HawkLine platform and its modules, including RoRo Tally (the “Service”), provided by The Cognitive Technologies, a sole proprietorship registered in India (“HawkLine”, “we”, “us”, or “our”).

By subscribing to or using the Service, you (“Customer”, “you”) agree to these Terms. If you are agreeing on behalf of an organisation, you represent that you are authorised to bind that organisation.

1. The Service

HawkLine is an operations platform provided on a subscription basis. We grant you a non-exclusive, non-transferable, revocable right to access and use the Service during a paid subscription term, for the modules, user seats, and (where applicable) ports specified in your subscription or order, solely for your internal business operations.

2. Accounts and user responsibilities

You are responsible for maintaining the confidentiality of account credentials, for all activity under your account, and for ensuring that your users comply with these Terms. You must promptly notify us of any unauthorised use of your account.

3. Subscriptions, fees, and renewal

• The modules you subscribe to, the number of user seats and ports, any minimum-user requirements, and the fees for them are those set out in your order or applicable plan. Minimum user counts and pricing vary by module and by the combination of modules selected.
• Subscriptions are annual and billed once per year, in advance, in US Dollars (USD).
• Unless cancelled, subscriptions automatically renew for successive annual terms at the then-current rate.
• Fees are exclusive of any taxes, duties, or charges imposed by the customer’s jurisdiction, which are the Customer’s responsibility. Transactions are provided as an export of services from India.
• All fees are non-refundable, as set out in our Refund & Cancellation Policy, which forms part of these Terms.

4. Cancellation and termination

You may cancel auto-renewal at any time; cancellation takes effect at the end of the current paid term, and no refund is due for the remainder of that term. We may suspend or terminate access for non-payment or for breach of these Terms. On termination, your right to use the Service ends.

5. Acceptable use

You agree not to: (a) use the Service unlawfully or in violation of these Terms; (b) attempt to gain unauthorised access to the Service or its systems; (c) reverse engineer, copy, resell, or sublicense the Service except as expressly permitted; (d) interfere with the integrity or performance of the Service; or (e) use the Service to store or transmit unlawful, infringing, or malicious content.

6. Customer data and intellectual property

As between the parties, you retain all rights in the data your organisation submits to the Service (“Customer Data”). You grant us the limited right to process Customer Data to provide, secure, and support the Service. We retain all rights, title, and interest in the Service, including all software, content, and intellectual property, excluding Customer Data.

7. Confidentiality

Each party agrees to protect the other’s confidential information with reasonable care and to use it only as needed to perform under these Terms.

8. Warranties and disclaimer

We provide the Service with reasonable skill and care. Except as expressly stated, the Service is provided “as is” and “as available,” and we disclaim all other warranties, express or implied, to the maximum extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose.

9. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, or data. Our total aggregate liability arising out of or relating to the Service will not exceed the fees paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim.

10. Suspension

We may suspend access where necessary to protect the security or integrity of the Service, to comply with law, or in the event of non-payment, and will restore access once the cause is resolved where reasonable.

11. Governing law and jurisdiction

These Terms are governed by the laws of India. The courts at Chennai, Tamil Nadu, India will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service.

12. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date and, where appropriate, by notice through the Service. Continued use of the Service after changes take effect constitutes acceptance.

Questions about these Terms? Email info@tctcorp.co.in.