Terms of Service

These Terms govern your access and use of SafeGate platform (operated by Vensaas Marketing services). By registering, accessing, or using our services, you acknowledge and agree to be bound by this agreement, which includes limitations of liability, indemnity clauses, and compliance with Indian penal laws.

📅 Effective Date: April 17, 2026 | Version 3.0 (Comprehensive India Compliance)

1. Acceptance & Contractual Relationship

These Terms of Service (“ToS”) constitute a legally binding agreement between Vensaas Marketing services (hereinafter “Company”, “we”, “us”, “SafeGate”) and you (“User”, “Resident”, “Society”, “Administrator”, “Visitor”). By accessing or using the SafeGate website, mobile application, or any associated services (collectively the “Platform”), you signify your unconditional acceptance of these Terms. If you are entering into this agreement on behalf of a housing society or legal entity, you represent that you have the authority to bind such entity.

These Terms are governed by the laws of India and any dispute shall be subject to the exclusive jurisdiction of courts in Visakhapatnam, Andhra Pradesh. The Company reserves the right to update or modify these Terms at any time, with continued use constituting acceptance.

2. Definitions & Service Description

SafeGate Platform provides apartment society management tools including but not limited to: visitor pre-approval, QR-based entry, maintenance billing, payment tracking, financial dashboards, role-based access, and communication features. The Platform is offered on a Software-as-a-Service (SaaS) model.

We reserve the right to modify, suspend, or discontinue any feature with reasonable notice.

3. User Obligations & Prohibited Conduct

You agree to use SafeGate only for lawful purposes and in compliance with all applicable Indian laws, including the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita (BNS), 2023, and the Digital Personal Data Protection Act, 2023. Prohibited activities include:

⚡ Penal Code Warning: Any violation of these provisions may result in immediate termination of access, reporting to law enforcement authorities, and civil/criminal liability including imprisonment under applicable sections of the Bharatiya Nyaya Sanhita, 2023.

4. Registration, Billing & Financial Terms

Society Subscription: The pricing is based on per-flat per-month fee as displayed on our pricing page. Billing cycles are annual or monthly as selected. All fees are exclusive of GST and applicable taxes. Late payment of maintenance bills through the Platform may incur interest as per society bye-laws. SafeGate acts as a facilitator for payment collection; actual fund transfer and receipt reconciliation are society responsibilities unless explicitly stated.

Refund Policy: Subscription fees are non-refundable except where required by Indian consumer law. Disputes regarding maintenance charges must be resolved between residents and the society committee; SafeGate is not liable for underlying financial disagreements.

We reserve the right to suspend access if payment obligations are not met after 15 days' notice.

5. Intellectual Property & Confidentiality

All intellectual property rights in the SafeGate platform, including software, UI designs, algorithms, trademarks (“SafeGate”, “Vensaas”), and content created by the Company are exclusively owned by Vensaas Marketing Services. You are granted a limited, non-exclusive, non-transferable right to use the Platform for your society’s internal operations. You shall not copy, modify, or create derivative works. Any breach of IP rights will result in legal action under the Copyright Act, 1957 and the IT Act, 2000.

6. Limitation of Liability & Disclaimers

To the maximum extent permitted by Indian law, Vensaas Marketing Services, its directors, employees, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of SafeGate. This includes, but is not limited to: loss of data, unauthorized visitor access due to user negligence, financial losses from billing errors, downtime caused by third-party infrastructure, or security breaches that occur despite reasonable safeguards. Our total aggregate liability shall not exceed the amount paid by you (if any) during the three months preceding the claim.

The Platform is provided “AS IS” and “AS AVAILABLE”. We do not warrant that the service will be uninterrupted, error-free, or completely secure. We explicitly disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement. Society administrators are solely responsible for verifying visitor data and payment approvals.

🔒 Important: Nothing in this section limits liability for fraud, willful misconduct, or death/personal injury caused by our negligence, as such limitations are restricted under Indian contract law.

7. Indemnification

You agree to indemnify, defend, and hold harmless Vensaas Marketing Services, its affiliates, officers, and employees from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your misuse of the Platform; (c) any content you submit that violates third-party rights or applicable laws (including provisions of the Indian Penal Code/Bharatiya Nyaya Sanhita); (d) any dispute between residents and society committee regarding billing or access logs; (e) any unauthorized entry or security incident resulting from user mismanagement of QR codes or visitor approvals.

This indemnity clause is specifically intended to protect Vensaas.com from legal actions, regulatory penalties, or claims from third parties arising out of the use of SafeGate within any apartment community. The indemnified parties reserve the right to assume exclusive defense and control of any matter subject to indemnification.

8. Data Privacy & Security Compliance

Our collection and processing of personal data is governed by the Privacy Policy (incorporated herein by reference). We implement reasonable security practices as required under the IT (Reasonable Security Practices) Rules, 2011. However, you acknowledge that no internet-based platform is entirely secure. In the event of a data breach, we will notify affected parties and authorities as mandated by the DPDP Act, 2023. You are responsible for maintaining the confidentiality of your login credentials and for any activity under your account.

9. Termination & Suspension

We may suspend or terminate your access to SafeGate immediately without prior notice if you breach any material term of these Terms, engage in illegal activities, or if required by law enforcement. Upon termination, your right to use the Platform ceases, but we may retain archived data as required by Indian statutory retention laws (e.g., financial records for 8 years). Society administrators may export their data before termination for 30 days post-non-renewal.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute, claim, or controversy arising out of or relating to these Terms or the SafeGate service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Visakhapatnam, Andhra Pradesh. The Company also reserves the right to seek injunctive relief in any competent court to protect its intellectual property or confidential information.

The arbitration, if agreed by both parties, shall be conducted by a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996, with the seat in Visakhapatnam. However, either party may choose litigation for interim relief.

11. Miscellaneous Provisions

12. Legal Notices & Grievance Redressal

All legal notices or official correspondence must be sent in writing to:

Vensaas Marketing Services
Legal Department, 4th Floor, Vensaa Tower, Dwaraka Nagar, Visakhapatnam – 530016, Andhra Pradesh, India.
Email: legal@vensaas.com (for legal matters) | grievance@safegate.com (for user complaints).

For any violation of these Terms that may constitute a criminal offense under the Bharatiya Nyaya Sanhita (BNS) or the IT Act, we reserve the right to initiate legal proceedings including filing an FIR with the cyber crime cell. By accepting these Terms, you expressly acknowledge that unauthorized access, data theft, or financial fraud using SafeGate will result in penal liability.

By continuing to use SafeGate, you confirm that you have read, understood, and agree to be bound by this Terms of Service agreement in its entirety.