Comprehensive Terms of Service

1. Agreement Overview & Binding Contract Formation

This Master Subscription Agreement (this "Agreement") is a legally binding contract entered into by and between ArthaOps. Inc. ("ArthaOps", "Company", "we", "us", or "our"), and the individual, corporation, partnership, or other legal entity accessing, registering for, or using the ArthaOps Service (as defined below) ("Customer", "Client", "you", or "your").

By clicking "I Agree", "Accept", or any similar button, or by executing an Order Form that references this Agreement, or by accessing or utilizing any part of the ArthaOps platform, software, services, or APIs, you signify your irrevocable acceptance of this Agreement in its entirety. If you are entering into this Agreement on behalf of a company, corporation, or other legal entity, you represent and warrant that you possess the requisite legal authority and capacity to bind such entity and its affiliates to these terms and conditions, in which case the terms "Customer", "Client", "you", or "your" shall refer to such entity and its affiliates.

If you do not possess such authority, or if you do not agree with any provision, term, or condition set forth in this Agreement, you must not accept this Agreement and you are strictly prohibited from accessing or using the Service. This Agreement constitutes the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to its subject matter.

ArthaOps provides a suite of cloud cost optimization, intelligence, and autonomous remediation tools specifically tailored for Amazon Web Services (AWS) environments. The provision of the Service is strictly subject to the Customer's continuous compliance with the terms herein, including timely payment of all applicable Fees. This Agreement forms the foundational legal framework under which ArthaOps extends a limited, revocable, non-exclusive, non-transferable license to the Customer for the use of its proprietary software-as-a-service platform.

The parties acknowledge that this Agreement is formed electronically and that electronic signatures, click-through acceptances, and digitally authenticated interactions carry the same legal weight and enforceability as traditional wet-ink signatures under the Information Technology Act, 2000 of India and other applicable international electronic commerce frameworks. Customer acknowledges that ArthaOps relies upon the representations made herein regarding authorization and binding capacity in granting access to its proprietary systems and processing Customer Data.

Customer explicitly agrees that any terms or conditions contained in any Customer purchase order or other Customer ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement shall be deemed void, of no legal effect, and are hereby expressly rejected by ArthaOps. The acceptance of a purchase order by ArthaOps is solely for the convenience of the Customer's internal accounting and does not constitute acceptance of any supplementary or conflicting terms.

Furthermore, the utilization of the ArthaOps Service requires the Customer to continuously maintain a compatible technological environment, including modern web browsers, functional internet connectivity, and an actively maintained AWS account. ArthaOps reserves the right to modify the technical prerequisites for accessing the Service from time to time, provided such responsible for procuring, maintaining, and securing its network connections and telecommunications links from its systems to the ArthaOps data centers.

Third-Party Trademarks & Independent Relationship: ArthaOps is an independent commercial software entity. Amazon Web Services, AWS, EC2, RDS, EBS, S3, ElastiCache, EKS, CloudWatch, and related marks are registered trademarks of Amazon.com, Inc. or its affiliates. The provision of the ArthaOps Service does not imply any official partnership, endorsement, sponsorship, or affiliation with Amazon Web Services, Inc.

2. Definitions & Interpretation

Capitalized terms used in this Agreement shall have the meanings set forth below or in the section where they are first used. The following definitions form an integral part of this Agreement and govern its interpretation:

1. "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of the subject entity.
2. "Agreement" means this Master Subscription Agreement, including any referenced policies, Addenda, Exhibits, and any executed Order Forms.
3. "ArthaOps Service" or "Service" means the cloud-based software-as-a-service platform provided by ArthaOps, including all associated dashboards, APIs, tools, algorithms, machine learning models, autonomous remediation capabilities, and the 378 specific cloud cost waste detectors deployed across various AWS resources.
4. "Authorized User" means an individual who is authorized by the Customer to access and use the Service, for whom an account has been provisioned, and who has been authenticated via Customer's designated Single Sign-On (SSO) or other authentication mechanisms.
5. "AWS" means Amazon Web Services, Inc., its affiliates, and the cloud computing services and infrastructure they provide.
6. "Autopilot" means the optional, autonomous remediation feature within the ArthaOps Service designed to automatically execute predefined cost-saving actions within the Customer's AWS environment without requiring manual intervention for each action.
7. "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
8. "Customer Data" means any data, information, or material provided, submitted, or otherwise made available to the ArthaOps Service by the Customer, its Authorized Users, or retrieved from the Customer's AWS environment by the Service pursuant to the granted AssumeRole permissions.
9. "Customer Environment" means the AWS accounts, infrastructure, resources, and configurations owned, controlled, or managed by the Customer.
10. "Documentation" means the official, ArthaOps-provided online user guides, documentation, API references, and help and training materials, as updated from time to time.
11. "DPDPA 2023" means the Digital Personal Data Protection Act, 2023 of India, and any rules or regulations promulgated thereunder.
12. "Effective Date" means the date on which the Customer accepts this Agreement, whether via click-through acceptance, execution of an Order Form, or commencement of use of the Service.
13. "External ID" means the cryptographically secure, unique identifier generated by ArthaOps to facilitate secure cross-account access via AWS STS AssumeRole mechanism, mitigating the "confused deputy" problem.
14. "Fees" means the amounts payable by the Customer to ArthaOps for the rights granted and Services provided under this Agreement and any applicable Order Form.
15. "Intellectual Property Rights" means any and all patents, inventions, copyrights, moral rights, trademarks, trade secrets, know-how, database rights, and any other intellectual property rights recognized in any jurisdiction globally, whether registered or unregistered.
16. "Malicious Code" means code, files, scripts, agents, or programs intended to do harm, including, for example, viruses, worms, time bombs, and Trojan horses.
17. "Order Form" means an ordering document, online registration, or subscription checkout interface specifying the Services to be provided hereunder that is entered into between Customer and ArthaOps.
18. "Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection laws, including the DPDPA 2023.
19. "Read-Only IAM Bounds" means the strict, non-mutating access policies enforced by ArthaOps for discovering and analyzing AWS resources, specifically limited to APIs such as List*, Describe*, and GetMetricData.
20. "Remediation Action" means an action executed by the Service, whether manual or via Autopilot, that alters, modifies, deletes, or terminates a resource within the Customer Environment to effectuate cost savings.
21. "Service Level Agreement" or "SLA" means the specific performance metrics and uptime guarantees provided by ArthaOps, as detailed in Section 8 of this Agreement.
22. "Single Sign-On" or "SSO" means the authentication process provided by Logto Cloud Inc. or similar enterprise identity providers utilized to control access to the ArthaOps platform.
23. "Subscription Term" means the period of time during which the Customer is authorized to use the Service as specified in an Order Form or the online subscription process.
24. "Taxes" means any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, and notably the Goods and Services Tax (GST) applicable in India.
25. "Usage Data" means anonymized, aggregated, or derivative data generated by the Service regarding its operation, performance, or Customer's interaction with the Service, which does not contain identifiable Customer Data or Personal Data.
26. "Update" means a modification, correction, patch, or minor enhancement to the ArthaOps Service generally made available to all Customers at no additional charge.
27. "Workspace" means a logically isolated environment within the ArthaOps platform designated for the Customer to manage its cloud resources and configurations.
28. "Zero Static Credential Storage" means the architectural principle employed by ArthaOps whereby long-lived AWS access keys and secret keys are never persisted, relying entirely on temporary STS tokens.

In interpreting this Agreement: (a) the words "include," "includes," and "including" are deemed to be followed by the phrase "without limitation"; (b) words indicating the singular include the plural and vice versa; (c) headings are for convenience only and do not affect interpretation; and (d) any reference to a statute or statutory provision includes any modification, consolidation, or re-enactment thereof.

3. Account Registration, Eligibility & Organizational Authority

To access and utilize the ArthaOps Service, Customer must register for and maintain an active user account. The registration process requires the provision of accurate, current, and complete corporate and technical information. Customer covenants to keep such information updated at all times. Failure to maintain accurate registration information may result in the suspension or termination of the account and the forfeiture of any active Subscription Term without refund.

Customer accounts are provisioned within a multi-tenant, workspace-isolated architecture. Authentication and identity management are facilitated via Logto Cloud Inc. enterprise Single Sign-On (SSO). Customer is solely and exclusively responsible for maintaining the confidentiality and security of all login credentials, SSO integrations, and authentication tokens associated with their account. Customer agrees that it is fully liable for all activities that occur under its account, whether authorized by Customer or not, except to the extent that such activities are a direct result of ArthaOps' gross negligence in securing its own systems.

The ArthaOps Service is strictly a Business-to-Business (B2B) offering and is not intended for consumer use. By registering, Customer affirms that it is a validly existing legal entity, operating in the course of business, and that it is not utilizing the Service for personal, family, or household purposes. Customer represents that its utilization of the Service will not violate any applicable export control laws or sanctions programs, including those administered by the US Department of the Treasury's Office of Foreign Assets Control (OFAC) or the Government of India.

Customer bears the burden of managing its Authorized Users. Customer shall promptly notify ArthaOps upon learning of any unauthorized access to or use of its account, or any other breach of security pertaining to the Service. ArthaOps reserves the right to impose reasonable limitations on the number of Authorized Users, API calls, or concurrent sessions as commensurate with the selected Subscription Tier, and to enforce such limits via technical mechanisms.

Furthermore, Customer agrees that they shall not share Authorized User accounts among multiple individuals. Each Authorized User must have unique credentials. ArthaOps reserves the right to conduct periodic audits to ensure compliance with this requirement. Any violation of this policy may result in immediate suspension of the affected accounts and potential retroactive billing for the unauthorized use.

4. Subscription Tiers, Features & License Grant

Subject to the continuous compliance with the terms of this Agreement and the timely payment of all applicable Fees, ArthaOps grants to the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use the Service during the applicable Subscription Term, solely for the Customer's internal business operations and limited to the Customer Environment. This license is expressly conditioned upon adherence to the usage parameters of the selected Subscription Tier.

ArthaOps offers several discrete Subscription Tiers, each delineated by specific functional capabilities, API limits, support Service Level Agreements, and feature availability:

• Discovery Plan (Free): A limited, introductory tier designed to provide read-only insights into AWS cloud cost anomalies. This tier includes basic access to a subset of the 378 cloud cost waste detectors. It does not include access to the Autopilot autonomous remediation engine, export capabilities, or dedicated support. The Discovery Plan is provided "AS IS" without any performance warranties or SLAs.
• Control Plan: Designed for mid-sized operations requiring granular visibility and manual remediation capabilities. This tier unlocks full access to all 378 detectors (including those covering EC2, RDS, EBS, S3, ElastiCache, EKS, NAT Gateways, and CloudWatch). It includes standard business hours support, standard data retention, and the ability to execute one-click manual remediations via the ArthaOps dashboard.
• Operator Plan: A comprehensive tier aimed at organizations requiring advanced automation. This tier includes all features of the Control Plan, plus full access to the Autopilot autonomous remediation engine, dry-run dependency graph visualizations, and 1-click snapshot rollback capabilities. It features priority email and chat support and extended data retention windows.
• Command Plan: The premier enterprise offering, featuring unlimited Custom Detector definitions, custom IAM role scopes, dedicated Customer Success Manager (CSM) allocation, custom SLA negotiations, direct SAML SSO integration, and prioritized API rate limits.

Customer may upgrade its Subscription Tier at any time during a Subscription Term. Upgrades will be pro-rated for the remainder of the current billing cycle. Downgrades are only permissible at the end of the current Subscription Term and require at least thirty (30) days prior written notice. ArthaOps reserves the unilateral right to modify, enhance, deprecate, or alter features within any Subscription Tier, provided that such modifications do not materially diminish the core functionality of the Service for which the Customer has paid in advance.

The license granted herein does not convey any title or ownership interest in the Service, its underlying software, algorithms, or Intellectual Property Rights. All rights not expressly granted to the Customer are fully and unconditionally reserved by ArthaOps. Customer acknowledges that the Service represents a significant investment of ArthaOps' time, effort, and financial resources, and constitutes highly valuable trade secrets.

ArthaOps may, from time to time, introduce beta features, early access programs, or experimental functionalities. These features are provided entirely at the Customer's option and are explicitly excluded from any SLAs, warranties, or indemnification obligations. Customer acknowledges that beta features may be unstable and agrees to use them strictly at their own risk.

5. AWS STS AssumeRole Read-Only Authorization Scope & Permitted Activities

The core functionality of the ArthaOps Service fundamentally relies upon its ability to interact with the Customer Environment via the AWS API. ArthaOps strictly prohibits the use of, and will never request, long-lived AWS Access Keys or Secret Access Keys for routine operational scanning. All access must be established via the AWS Security Token Service (STS) utilizing theAssumeRole mechanism, supplemented by an ArthaOps-generated External ID to prevent cross-account impersonation and confused deputy vulnerabilities.

Customer shall provision an AWS Identity and Access Management (IAM) Role within its AWS account(s) specifically dedicated to ArthaOps. By default, and unless the Autopilot or manual remediation features are explicitly enabled, the policy attached to this IAM Role must adhere strictly to the Read-Only IAM Bounds prescribed by ArthaOps. This policy typically restricts ArthaOps' permissions exclusively to harmless data retrieval operations such as List*, Describe*, and GetMetricData across the relevant AWS services.

ArthaOps architectures employ a principle of least privilege. The Service is engineered to maintain a posture of zero static credential storage. Temporary STS credentials obtained viaAssumeRole are kept in memory only for the duration of the scan or remediation operation and are never persisted to disk or databases in their raw, usable form.

By configuring the cross-account role and providing the associated Role ARN to the ArthaOps Service, Customer explicitly authorizes ArthaOps to programmatically assume the role and execute API calls against the Customer Environment in accordance with the attached IAM policies. Customer acknowledges that ArthaOps is not responsible for any security incidents, data breaches, or operational disruptions that arise due to the Customer attaching overly permissive policies to the ArthaOps IAM role that exceed the recommended Read-Only IAM Bounds, unless such actions were explicitly required for advanced features (like Autopilot) and the incident was caused by ArthaOps' gross negligence in handling the temporary credentials.

Customer maintains full and absolute control over the IAM Role and may revoke ArthaOps' access at any moment by deleting the role, modifying the trust relationship, or altering the attached policies within the AWS Management Console. However, Customer acknowledges that revoking necessary permissions will immediately degrade or completely disable the functionality of the ArthaOps Service, and no refunds or credits shall be issued for such self-induced service interruptions.

In the event that ArthaOps identifies a potential security vulnerability within the Customer's AWS configuration that is directly related to the ArthaOps integration, ArthaOps reserves the right to temporarily suspend scanning operations until the Customer remediates the issue, without incurring any liability or obligation to provide service credits.

6. Restricted Activities & Prohibited Conduct

The license granted under this Agreement is strictly circumscribed by the following covenants. Customer shall not, and shall not permit any Authorized User or third party to, engage in any of the following restricted activities. Violation of these provisions constitutes a material breach of this Agreement and shall result in immediate termination of the Customer's account and potential legal action.

Customer agrees that it shall not: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, underlying structure, algorithms, or machine learning models of the Service; (b) modify, translate, or create derivative works based on the Service; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (d) use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; (e) remove any proprietary notices, copyright information, or branding labels from the Service or its output; (f) attempt to probe, scan, or test the vulnerability of the ArthaOps system or network, or breach any security or authentication measures without express, prior written authorization from ArthaOps' Chief Information Security Officer.

Furthermore, Customer is prohibited from utilizing the Service to: (g) store, transmit, or process any malicious code, viruses, worms, or ransomware; (h) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein; (i) attempt to gain unauthorized access to the Service, related systems, or networks, including other tenants' environments; (j) systematically scrape, extract, or harvest data from the Service using automated scripts, bots, or undocumented APIs; (k) use the Service in any manner that violates applicable local, state, national, or international laws, regulations, or treaties, including the Information Technology Act, 2000 of India and the CERT-In Cyber Security Directions of 2022.

Customer shall not use the Service to benchmark its performance, features, or functionality against competing products, nor shall Customer publish any benchmarking results or comparative analyses without ArthaOps' explicit prior written consent. Customer further agrees not to build a competitive product or service using similar ideas, features, functions, or graphics accessed via the ArthaOps platform.

ArthaOps reserves the right to monitor Customer's utilization of the Service (subject to strict confidentiality and privacy obligations) specifically to ensure compliance with these use restrictions. In the event ArthaOps determines, in its sole and absolute discretion, that a Customer is violating these restrictions, ArthaOps may immediately suspend access to the Service without prior notice and without incurring any liability.

Customer is solely responsible for ensuring that any interactions initiated by the Service on its behalf do not inadvertently trigger rate limits, cause denial-of-service conditions, or otherwise disrupt the normal operation of their own infrastructure or third-party services on which they rely.

7. Autopilot Autonomous Remediation: Governance, Safety Controls & Customer Responsibility

The ArthaOps "Autopilot" feature provides automated, algorithmic remediation of identified cloud cost inefficiencies. Autopilot acts as an intelligent, autonomous agent that mutates the state of the Customer Environment (e.g., terminating unattached EBS volumes, scaling down oversized EC2 instances, deleting obsolete snapshots) based on predefined rulesets and machine learning heuristics.

By enabling Autopilot, Customer explicitly authorizes ArthaOps to perform mutative AWS API actions (e.g., ec2:DeleteVolume,rds:StopDBInstance) against the Customer Environment. Customer understands and acknowledges the inherent risks associated with autonomous infrastructure modification, including the potential for unintended downtime, application instability, or accidental data loss if the underlying AWS infrastructure is improperly tagged, structured, or if false positives occur in the waste detection algorithms.

To mitigate these risks, ArthaOps provides several safety controls: (a) Dry-Run Dependency Graphs: Visual representations of resource relationships intended to highlight potential downstream impacts before execution; (b) 1-Click Snapshot Rollbacks: Automated backups taken immediately prior to destructive actions (where supported by AWS APIs); and (c) Granular Approval Workflows: Configurations allowing Autopilot to stage actions for manual human approval rather than immediate autonomous execution.

Notwithstanding these safety mechanisms, the Customer assumes full, absolute, and unmitigated responsibility for the consequences of enabling Autopilot. ArthaOps provides Autopilot solely on an "AS IS" and "AS AVAILABLE" basis. ArthaOps expressly disclaims any and all liability for service outages, lost revenue, data corruption, or operational damages resulting from Autopilot actions. It is the Customer's non-delegable duty to configure appropriate exclusion tags, thoroughly review dry-run projections, test Autopilot in non-production environments before enterprise-wide deployment, and maintain comprehensive, independent backups of all critical data and system configurations.

In the event that an Autopilot action results in an adverse impact, Customer's sole recourse shall be to utilize the rollback mechanisms provided, if applicable and functional. ArthaOps shall not be liable for the failure of a rollback operation due to AWS API limitations, timeouts, or unforeseen architectural dependencies. Customer indemnifies ArthaOps against any claims from its own end-users or clients arising out of downtime caused by Autopilot remediation actions.

Customer further acknowledges that Autopilot's efficacy relies heavily on the accuracy of AWS CloudWatch metrics and configuration metadata. ArthaOps is not responsible for errors in remediation actions stemming from delayed, inaccurate, or missing data provided by AWS APIs.

8. Service Level Agreement (SLA): Uptime Target, Maintenance, Credits & Exclusions

ArthaOps commits to utilizing commercially reasonable efforts to maintain the availability of the Service. For Customers subscribed to the Operator or Command Plans, ArthaOps provides a Service Level Agreement ("SLA") guaranteeing a Monthly Uptime Percentage of 99.9%. "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the Service was strictly Unavailable, excluding permitted downtime.

"Unavailable" is defined as a continuous period of more than five (5) minutes wherein the ArthaOps dashboard is completely inaccessible and the core cost anomaly detection API endpoints are entirely unresponsive to valid requests, resulting in HTTP 5xx errors. Intermittent slowness, dashboard latency, or delays in Autopilot execution do not constitute Unavailability.

In the event that ArthaOps fails to meet the 99.9% SLA target in a given calendar month, affected Customers (excluding Discovery and Control Plan users) are eligible to request a Service Credit. Service Credits are calculated as a percentage of the monthly fee paid for the affected month: (a) 99.0% to 99.89% uptime: 10% credit; (b) 95.0% to 98.99% uptime: 20% credit; (c) less than 95.0% uptime: 30% credit. The maximum total credit for any month shall not exceed 30% of the Monthly Fee. Service Credits are the Customer's sole and exclusive remedy for any performance or availability issues with the Service.

Service Credits are not automatically applied. Customer must submit a formal, written claim to support@arthaops.com within thirty (30) days of the end of the month in which the downtime occurred. The claim must include detailed logs, timestamps, and evidence corroborating the Unavailability. ArthaOps will evaluate the claim in good faith using its own internal monitoring tools (such as Sentry and CloudWatch metrics), whose determinations shall be final and binding.

The SLA explicitly excludes downtime or performance degradation resulting from: (i) Planned Scheduled Maintenance (provided ArthaOps has given at least 48 hours advance notice); (ii) Emergency Maintenance required to patch critical security vulnerabilities; (iii) actions or omissions of the Customer, including faulty IAM configurations or excessive API polling; (iv) outages, throttling, or rate-limiting enforced by Amazon Web Services (AWS) that prevent ArthaOps from retrieving data; (v) failures of the Customer's internet service providers; or (vi) Force Majeure events as defined in Section 20.

Any scheduled maintenance windows will, to the extent possible, be scheduled during off-peak hours (e.g., weekends or late evenings IST). ArthaOps endeavors to keep such maintenance windows to an absolute minimum duration necessary to ensure platform stability and security.

9. Subscription Pricing, Sovereign Currency (INR ₹), FX Rates & Auto-Renewal

The Fees applicable to the Customer's use of the Service shall be set forth on the pricing page of the ArthaOps website, within the application checkout portal, or in a mutually executed Order Form. By subscribing, Customer agrees to pay all applicable Fees in accordance with the selected billing frequency (monthly or annually).

All pricing and invoicing for the ArthaOps Service are fundamentally denominated in Sovereign Indian Rupees (INR, ₹). ArthaOps proudly operates in alignment with the digital sovereignty and financial regulations of the Republic of India. While pricing may be displayed on marketing materials in United States Dollars (USD) for international comparative convenience, such displays are purely illustrative.

Where billing occurs via a foreign credit card or for international Customers, ArthaOps utilizes a fixed, institutional foreign exchange (FX) rate peg of 84.0 INR to 1 USD for the purpose of base calculation, unless otherwise overridden by real-time Razorpay dynamic currency conversion mechanics. Customer acknowledges that their issuing bank or credit card provider may apply additional foreign transaction fees, exchange rate markups, or currency conversion charges, for which ArthaOps bears absolutely no responsibility. The final amount debited from the Customer's account will be determined by the interaction between the Razorpay gateway and the Customer's banking institution.

Auto-Renewal Policy: To ensure uninterrupted service, all Subscriptions (whether monthly or annual) are configured to automatically renew at the end of the current Subscription Term for a subsequent term of equal length. By providing payment information, Customer expressly authorizes ArthaOps (via its payment processor) to automatically charge the applicable renewal Fees to the payment method on file, without requiring further authorization or intervention from the Customer.

Customer may cancel the auto-renewal at any time by navigating to the "Billing" section of the ArthaOps workspace settings or by submitting a written request to billing@arthaops.com at least five (5) business days prior to the expiration of the current term. Cancellations will take effect at the end of the current billing cycle. No pro-rated refunds will be issued for partial months or unused time following a cancellation request, except as explicitly provided in the 14-day guarantee.

ArthaOps reserves the right to modify its pricing, feature tiers, and subscription structures at any time. Any increases in recurring subscription Fees will be communicated to the Customer with at least thirty (30) days advance notice. Such pricing changes will take effect at the beginning of the Customer's next subsequent renewal term. Continued use of the Service past the effective date of the price increase constitutes agreement to the new pricing.

10. Payment Processing, Razorpay Gateway & Failed Transactions

ArthaOps utilizes Razorpay Software Private Limited ("Razorpay"), a PCI-DSS Level 1 compliant payment gateway, as its exclusive payment processor for all credit card, debit card, UPI, net banking, and related transactions. ArthaOps does not directly collect, store, or process raw credit card numbers or highly sensitive financial instruments on its own servers. All payment data is tokenized and managed securely by Razorpay.

By subscribing to the Service, Customer agrees to be bound by Razorpay's respective Terms of Service and Privacy Policy, in addition to this Agreement. Customer represents and warrants that the payment information provided is accurate, legitimate, and that Customer is legally authorized to use the provided payment method.

In the event that a charge attempt fails due to insufficient funds, an expired card, bank rejection, or any other reason, ArthaOps' billing systems will automatically initiate a dunning sequence, attempting to re-process the payment periodically over a span of up to fourteen (14) days. During this dunning period, ArthaOps reserves the right to gracefully degrade the Service, restrict access to premium features (such as Autopilot), or suspend the account entirely.

If a payment remains outstanding after the dunning period, ArthaOps may formally suspend or terminate the account. Customer remains fully liable for all past due amounts, including any pro-rated fees for services rendered during the dunning period. ArthaOps reserves the right to employ third-party collection agencies or legal counsel to recover unpaid debts, and Customer agrees to reimburse ArthaOps for all reasonable costs of collection, including attorney's fees, court costs, and collection agency fees. Unpaid amounts may accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Any disputes regarding charges must be brought to ArthaOps' attention via billing@arthaops.com within thirty (30) days of the invoice date. Failure to dispute a charge within this timeframe shall constitute an absolute waiver of any claim relating to the disputed charge. In the event of a chargeback initiated by the Customer, ArthaOps reserves the right to immediately terminate the account and ban the Customer from future use of the Service.

11. B2B GSTIN Invoicing & Indian Tax Compliance (CGST/SGST/IGST)

As an entity registered and operating within India, ArthaOps is strictly governed by the Central Goods and Services Tax Act, 2017 (CGST Act), and corresponding state laws. All Fees advertised on the website are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, unless explicitly stated otherwise.

For B2B Customers registered under GST in India, Customer must provide a valid Goods and Services Tax Identification Number (GSTIN) and accurate registered billing address during the checkout or account setup process. ArthaOps will generate compliant tax invoices detailing the applicable Integrated GST (IGST) or Central/State GST (CGST/SGST) components based on the Customer's location relative to ArthaOps' registration in Maharashtra.

It is the Customer's sole responsibility to ensure the accuracy of the provided GSTIN and business details. ArthaOps processes B2B invoices in near real-time. If a Customer fails to provide a valid GSTIN prior to the issuance of an invoice, ArthaOps will treat the transaction as a Business-to-Consumer (B2C) sale, and the resulting invoice cannot be subsequently modified, amended, or re-issued as a B2B invoice to facilitate input tax credit claims.

In the event of refunds, downgrades, or billing adjustments, ArthaOps shall issue appropriate GST Credit Notes in strict compliance with the timelines and procedures mandated by the GST portal and statutory rules. If applicable law requires the Customer to withhold any taxes from payments made to ArthaOps (e.g., TDS under the Income Tax Act, 1961), Customer must notify billing@arthaops.com in advance and provide valid TDS certificates (Form 16A) in a timely manner. The base fees must be grossed up such that the net amount received by ArthaOps equals the amount stated on the invoice.

For international Customers located outside of India, ArthaOps may be required to collect and remit local indirect taxes (such as VAT, GST in other jurisdictions, or US state sales tax) depending on applicable nexus laws. If ArthaOps determines it has a legal obligation to collect a given tax from the Customer, the appropriate amount will be added to the invoice unless the Customer provides ArthaOps with a valid tax exemption certificate authorized by the appropriate taxing authority.

12. Free Trial & Discovery Plan Terms

ArthaOps may, at its sole discretion, offer a Free Trial or a permanent "Discovery Plan" to allow prospective Customers to evaluate the core anomaly detection features of the platform. If Customer registers for a Free Trial or the Discovery Plan, ArthaOps will make the Service available free of charge until the earlier of (a) the end of the free trial period (if applicable), (b) the start date of any paid Subscription Tier ordered by the Customer, or (c) termination by ArthaOps in its sole discretion.

ANY DATA ENTERED INTO THE SERVICE, AND ANY CONFIGURATIONS OR AWS ROLE ASSUMPTIONS ESTABLISHED DURING A FREE TRIAL OR UNDER THE DISCOVERY PLAN, MAY BE PERMANENTLY LOST OR DELETED UNLESS THE CUSTOMER PURCHASES A PAID SUBSCRIPTION BEFORE THE TRIAL EXPIRES.

During any Free Trial or usage of the Discovery Plan, the Service is provided strictly "AS IS", "WITH ALL FAULTS", and "AS AVAILABLE". ArthaOps explicitly disclaims all warranties, express or implied, including the SLA, during this period. ArthaOps shall bear absolutely no liability for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the Customer's use of the Service during a Free Trial or under the Discovery Plan, to the maximum extent permitted by applicable law. The primary purpose of these unpaid tiers is evaluation, and they should not be relied upon for mission-critical cloud cost governance.

ArthaOps reserves the right to modify the parameters, duration, or features of any Free Trial or the Discovery Plan at any time without notice. Customer is permitted a single Free Trial per organization; creation of multiple accounts to circumvent Trial limits is strictly prohibited and constitutes a material breach of this Agreement.

13. Intellectual Property Rights, License Grant & Proprietary Assets

ArthaOps exclusively retains all right, title, and interest in and to the ArthaOps Service, the platform, the underlying code, algorithms, methodologies, UI/UX designs, trademarks, service marks, logos, and all related Intellectual Property Rights (collectively, the "Proprietary Assets"). This Agreement does not grant the Customer any ownership interest in the Proprietary Assets, but merely a limited, revocable license as detailed in Section 4.

The 378 proprietary cloud cost waste detectors, the heuristic logic driving the Autopilot engine, and the SHA-256 linear hash-chained audit ledger mechanics are highly confidential trade secrets of ArthaOps. Customer shall not attempt to reverse engineer these mechanisms or extract the logic for internal replication or the creation of competing products.

If Customer provides ArthaOps with any feedback, suggestions, feature requests, or recommendations relating to the Service ("Feedback"), ArthaOps shall be free to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback worldwide in any media, without any obligation of confidentiality, attribution, or compensation to the Customer. Customer hereby assigns all right, title, and interest in such Feedback to ArthaOps.

Customer acknowledges that ArthaOps utilizes third-party open-source software components within its platform. The use of such open-source components is governed by their respective licenses, and nothing in this Agreement restricts, limits, or alters the rights and obligations under those open-source licenses. However, the combination, orchestration, and proprietary layers built by ArthaOps atop these components remain fully protected under ArthaOps' Intellectual Property Rights.

Any reports, dashboards, or data exports generated by the ArthaOps Service for the Customer remain the Customer's property, however, the template, format, design, and structure of such reports constitute the Proprietary Assets of ArthaOps. Customer may distribute these reports internally within their organization, but may not resell or commercially exploit the reports themselves as a standalone product.

14. Customer Data Ownership, Confidentiality & Export Rights

Customer exclusively retains all right, title, and interest in and to all Customer Data. ArthaOps claims no ownership rights over the data retrieved from the Customer Environment, the specific names of Customer's EC2 instances, S3 buckets, or proprietary metadata.

Customer grants ArthaOps a global, non-exclusive, royalty-free, limited license to host, copy, process, transmit, and display the Customer Data strictly as necessary for ArthaOps to provide the Service, ensure the platform's functionality, execute Autopilot remediations, and deliver support. ArthaOps may also utilize aggregated, anonymized Usage Data to train its machine learning models, improve the detectors, and compile industry benchmarks, provided such Usage Data absolutely cannot be reverse-engineered to identify the Customer or its confidential infrastructure details.

Each party (the "Receiving Party") agrees to maintain the confidentiality of the other party's (the "Disclosing Party") Confidential Information. The Receiving Party shall exercise the same degree of care that it uses to protect its own highly confidential information (but in no event less than reasonable care). The Receiving Party shall not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and shall not disclose it to any third party, other than its employees, contractors, and legal advisors who have a "need to know" and are bound by confidentiality obligations at least as stringent as those contained herein.

Confidential Information shall not include information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure without breach of any obligation; (c) is received from a third party without breach of any obligation; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

During the Subscription Term, Customer possesses continuous export rights. The ArthaOps platform allows Customers on appropriate paid tiers to export reports, cost analyses, and audit logs via CSV, PDF, or API. ArthaOps does not hold Customer Data hostage. Upon termination, Customer is expected to perform any final exports prior to account deletion.

ArthaOps shall employ robust administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, in alignment with industry standards and the DPDPA 2023. These safeguards will include encryption of Customer Data at rest using AES-256 and in transit using TLS 1.3 or higher. ArthaOps' security posture is subjected to periodic review, and ArthaOps maintains a SOC 2 Type II audit-ready environment.

15. Representations, Warranties & Disclaimer of Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. ArthaOps further represents and warrants that it will provide the Service in a professional and workmanlike manner consistent with general industry standards for robust SaaS software.

Customer represents and warrants that: (a) it owns or controls the AWS environments connected to the Service; (b) it has obtained all necessary permissions, consents, and authorizations to allow ArthaOps to access the Customer Environment and perform the actions authorized under this Agreement (including Autopilot actions); and (c) the execution of this Agreement and the utilization of the Service will not violate any agreements it has with third parties, including its agreements with Amazon Web Services.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ARTHAOPS SERVICE, INCLUDING AUTOPILOT, ALL APIS, DETECTORS, AND DOCUMENTATION, IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTHAOPS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

SPECIFICALLY, ARTHAOPS DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARTHAOPS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ARTHAOPS DOES NOT WARRANT THAT THE COST SAVINGS ESTIMATES, ANOMALY DETECTIONS, OR AUTOPILOT RECOMMENDATIONS WILL BE 100% ACCURATE, EXHAUSTIVE, OR SUITABLE FOR THE CUSTOMER'S SPECIFIC ARCHITECTURAL NEEDS. CLOUD INFRASTRUCTURE IS HIGHLY COMPLEX; CUSTOMER BEARS THE ULTIMATE RESPONSIBILITY FOR VERIFYING THE VALIDITY AND SAFETY OF ANY REMEDIATION ACTION PROPOSED OR EXECUTED BY THE SERVICE.

Artificial Intelligence & Algorithmic Output Disclaimer: The Service utilizes probabilistic algorithms, heuristic rules, and machine learning models to analyze telemetry and generate cost optimization suggestions. Customer acknowledges that AI and algorithmic outputs may contain anomalies, approximations, or false positives. All generated recommendations, code snippets, Terraform templates, and Autopilot suggestions require human review and architectural validation by Customer before deployment in production environments. ArthaOps bears no liability for operational decisions made based on algorithmic outputs.

No advice or information, whether oral or written, obtained by the Customer from ArthaOps or through the Service shall create any warranty not expressly stated in this Agreement. The entire risk arising out of the use or performance of the Service remains with the Customer.

16. Mutual Indemnification & Defense Obligations

Indemnification by ArthaOps: ArthaOps shall defend the Customer against any third-party claim, demand, suit, or proceeding ("Claim") alleging that the Customer's authorized use of the Service infringes or misappropriates such third party's Intellectual Property Rights. ArthaOps shall indemnify the Customer for any damages, attorney fees, and costs finally awarded against the Customer as a result of such Claim. This indemnification obligation is subject to the Customer: (a) promptly giving ArthaOps written notice of the Claim; (b) granting ArthaOps sole control of the defense and settlement of the Claim; and (c) providing ArthaOps with all reasonable assistance.

If the Service is held to infringe, ArthaOps may, at its option and expense: (i) procure the right for the Customer to continue using the Service; (ii) modify the Service to render it non-infringing without materially diminishing its functionality; or (iii) if neither (i) nor (ii) is commercially viable, terminate this Agreement and refund any pre-paid, unused Fees for the remainder of the Subscription Term. ArthaOps shall have no indemnification obligation for Claims arising from the combination of the Service with non-ArthaOps applications or Customer's violation of the usage restrictions.

Indemnification by Customer: Customer shall defend, indemnify, and hold harmless ArthaOps, its affiliates, directors, and employees against any Claim made or brought against ArthaOps by a third party (including Customer's end-users or clients) arising out of or related to: (a) Customer's breach of this Agreement, specifically the Restricted Activities or representations regarding AWS permissions; (b) damage, downtime, or data loss caused by Autopilot remediation actions within the Customer Environment; or (c) Customer's violation of any applicable law or the rights of a third party.

The party seeking indemnification must provide the indemnifying party with prompt written notice of the claim and allow the indemnifying party to control the defense and settlement thereof, provided that the indemnifying party shall not settle any claim that imposes liability or obligations on the indemnified party without the indemnified party's prior written consent, which shall not be unreasonably withheld.

17. Limitation of Liability & Aggregate Liability Cap

IN NO EVENT SHALL EITHER PARTY, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, CORRUPTION OF SYSTEMS, COSTS OF DELAY, OR COSTS OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES.

THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

EXCEPT WITH RESPECT TO A PARTY'S INDEMNIFICATION OBLIGATIONS, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR CUSTOMER'S PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE TOTAL, CUMULATIVE, AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER TO ARTHAOPS FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.

The parties acknowledge that the limitations of liability set forth in this Section 17 reflect a deliberate and bargained-for allocation of risk between ArthaOps and the Customer, and that ArthaOps has configured its pricing and offered the Service in reliance upon these limitations. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of the above limitations may not apply to you to the extent prohibited by mandatory local law.

18. Term, Termination & Suspension Rights

Term: This Agreement commences on the Effective Date and continues until all Subscription Terms granted in accordance with this Agreement have expired or have been terminated.

Termination for Cause: Either party may terminate this Agreement for cause: (a) upon thirty (30) days written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period; or (b) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.

14-Day Money-Back Guarantee: ArthaOps offers a strict, no-questions-asked, 14-day 100% money-back guarantee for new, first-time Customer subscriptions on the Control and Operator plans. If Customer is dissatisfied for any reason, they may request termination and a full refund within the first 14 calendar days following their initial paid subscription start date by emailing billing@arthaops.com. This guarantee does not apply to subsequent renewals, upgrades, or custom Command Plan contracts.

Suspension of Service: ArthaOps reserves the immediate, unilateral right to suspend the Customer's access to the Service, without prior notice or liability, in the event that: (a) Customer's payment is overdue and the dunning period has elapsed; (b) ArthaOps detects a violation of the Restricted Activities (Section 6) or suspects fraudulent or malicious activity originating from the Customer account; (c) the Service is experiencing a critical Denial of Service attack or security incident that necessitates shutting down tenant access to protect the broader platform infrastructure; or (d) ArthaOps is compelled to do so by a court order or regulatory authority, such as CERT-In.

In the event of termination for cause by the Customer, ArthaOps will refund any pre-paid, unused Fees covering the remainder of the Subscription Term. In no event will any termination relieve the Customer of the obligation to pay any Fees payable to ArthaOps for the period prior to the effective date of termination.

19. Data Handling Upon Termination & Post-Termination Data Purge

Upon the expiration or effective termination of this Agreement, all licenses granted herein shall immediately cease, and Customer must cease all access to and use of the Service. Customer must promptly remove the ArthaOps IAM Role from their AWS environment to sever the connection.

ArthaOps recognizes the critical importance of data hygiene and compliance with the DPDPA 2023. Following account termination, ArthaOps enforces a strict, mandatory 30-day data retention window. During these 30 days, the Customer Data remains securely stored (encrypted via AES-256 KMS) to allow for grace periods, accidental deletion recovery, or final audit log extraction.

Upon the conclusion of this 30-day post-termination window, ArthaOps' automated data lifecycle management systems will execute an irrevocable cryptographic purge of all Customer Data, environment metadata, cached AWS responses, and identifiable configurations associated with the Customer account from ArthaOps' primary databases and active caches located in the AP-SOUTH-1 (Mumbai) region.

Customer acknowledges that ArthaOps utilizes the SHA-256 linear hash-chained audit ledger for tamper-evident compliance tracking. Certain highly anonymized ledger entries reflecting the historical *fact* that actions occurred (without containing sensitive payload data) may be retained in cold storage for up to seven (7) years to satisfy Indian corporate compliance and CERT-In logging requirements. Furthermore, automated disaster recovery backups may contain encrypted fragments of Customer Data for an additional 90 days post-purge, which will age out organically and remain isolated from active processing.

Any attempt by the Customer to access the Service after the effective date of termination is strictly prohibited. ArthaOps reserves the right to implement technical blocks to prevent such unauthorized access. Customer is strongly encouraged to extract any needed data prior to submitting a cancellation request.

20. Force Majeure & AWS Regional Outages

Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (except for the payment of Fees) to the extent such failure or delay is caused by circumstances beyond its reasonable control. These circumstances ("Force Majeure Events") include, but are not limited to, acts of God, natural disasters, earthquakes, floods, fires, severe weather, war, terrorism, civil unrest, riots, strikes or labor disputes, governmental actions, internet service provider failures, or catastrophic telecommunications outages.

Crucially, given ArthaOps' reliance on public cloud infrastructure, ArthaOps is not liable for performance degradation, SLAs breaches, or service unavailabilities caused directly by widespread regional outages, API throttling, or systemic failures of Amazon Web Services (AWS) itself. If the AP-SOUTH-1 (Mumbai) region experiences a total failure, ArthaOps will execute its disaster recovery protocols to the best of its ability, but delays in service restoration during such third-party macro-outages are fully excused.

In the event that a Force Majeure Event persists for a continuous period of more than thirty (30) days, either party may terminate this Agreement without penalty upon written notice to the other party. In such an event, ArthaOps will refund any pre-paid, unused Fees for the remainder of the applicable Subscription Term.

21. Assignment, Delegation & Anti-Transfer Restrictions

Customer may not assign, transfer, or delegate this Agreement, nor any of its rights or obligations hereunder, whether by operation of law, merger, acquisition, or otherwise, without the prior written consent of ArthaOps. Any attempted assignment in violation of this section shall be null and void ab initio.

ArthaOps may freely assign this Agreement in its entirety, without the Customer's consent, to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or equity. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

If the Customer experiences a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction), the Customer must notify ArthaOps in writing within thirty (30) days after the change of control. ArthaOps reserves the right, in its sole discretion, to terminate this Agreement if it determines that the acquiring entity is a direct competitor or otherwise poses a material risk to ArthaOps.

22. Modifications to Terms & Change Notification Policy

ArthaOps reserves the right to modify, amend, or update this Agreement at any time to reflect changes in law, regulatory requirements (such as amendments to the DPDPA 2023 or IT Act 2000), new features, or business practices.

If ArthaOps makes a material change to this Agreement, it will provide the Customer with a minimum of thirty (30) days prior notice. This notice may be delivered via email to the primary administrative contact on file, through an in-app notification dashboard, or via a prominent banner on the ArthaOps website.

Changes will become effective upon the commencement of the Customer's next renewal Subscription Term, or, if the Customer continues to use the Service following the 30-day notice period, such continued use shall constitute definitive, legally binding acceptance of the updated terms. If the Customer fundamentally objects to the modifications, their sole and exclusive remedy is to terminate the account and cease using the Service prior to the modifications taking effect.

The most current version of this Agreement will always be accessible at https://arthaops.com/terms. It is the Customer's responsibility to periodically review the terms. No oral modification or waiver of these terms by any ArthaOps employee or agent shall be valid or binding.

23. Notices & Formal Communication

All notices, requests, demands, and other communications under this Agreement must be in writing.

Notices to ArthaOps shall be sent via verified electronic mail or certified courier to:
ArthaOps. Inc.
61, Laxmi Nagar Zone, Dheku Road
Amalner, Dist. Jalgaon, Maharashtra 425401, India
Email: legal@arthaops.com

Notices to the Customer will be sent to the email address or physical address provided during the registration process. It is the Customer's duty to ensure this contact information remains current. Notices sent via email are deemed delivered on the next business day following transmission, provided no delivery failure notification is received.

For routine operational or support inquiries, Customer should use the standard support channels provided within the Service dashboard (e.g., in-app chat or support tickets). Formal legal notices, however, must be directed to the addresses specified above.

24. Severability, Waiver & Entire Agreement

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent of the parties. If modification is impossible, the provision shall be severed, and the remaining provisions of this Agreement shall remain in full force and effect.

The failure or delay of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by an authorized representative of the party waiving its rights. A waiver of any default is not a waiver of any subsequent default.

This Agreement, including all applicable Order Forms and policies linked herein, constitutes the entire and exclusive agreement between ArthaOps and the Customer with respect to the ArthaOps Service, superseding and replacing any other prior or contemporaneous agreements, term sheets, or proposals, whether oral or written, between the parties regarding such subject matter. In the event of a conflict between an Order Form and this Agreement, the terms of the Order Form shall prevail.