Nabha Terms of Service
Last updated: 17 August 2026
These Terms of Service ("Terms") are a binding agreement between Varalix Digitech Solutions, H No 589, Shri Laxmi Narasimha Nilaya, Panchakshari Nagar, Hubli, Dharwad, Karnataka 580025, India ("Varalix", "we", "us") and the organisation or person that creates an account or uses the Nabha platform ("Customer", "you"). They govern your use of the Nabha cloud IoT platform, its web application at app.nabha.cloud, its MQTT/OPC-UA ingestion endpoints, APIs, and related services (together, the "Service").
By clicking "I agree", creating an account, or using the Service, you accept these Terms. If you accept on behalf of an organisation, you confirm you are authorised to bind it. If you do not agree, do not use the Service.
1. Who may use the Service
1.1 The Service is a business-to-business product for organisations. It is not offered to individuals for personal, family or household use. 1.2 You must be at least 18 years old and legally capable of contracting under the Indian Contract Act, 1872. We do not knowingly process personal data of anyone under 18. 1.3 You are responsible for everyone who accesses the Service through your account or organisation ("Users"), for keeping their credentials confidential, and for their compliance with these Terms and the Acceptable Use Policy.
2. The Service; what it is and is not
2.1 Nabha receives, stores, parses and visualises telemetry that you connect (MQTT, OPC-UA and similar), lets you configure dashboards and alarms, and offers AI-assisted suggestions for interpreting device data (see the AI Features Addendum). 2.2 Nabha is a monitoring and analytics tool. It is NOT a safety system. It is not a safety instrumented system, protective or interlock function, real-time control system, or emergency-notification service, and it is not certified to any functional-safety standard (e.g. IEC 61508/61511, SIL levels). You must not use it as the sole means of detecting, preventing or responding to any hazardous, safety-critical or life-critical condition, and you must maintain your own independent alarm-management and safety layers. 2.3 No guarantee of delivery, timeliness or completeness. Telemetry travels over the public internet, your network, your devices and your firmware — none of which we control. Data may be delayed, duplicated, out of order or lost; dashboards may be stale; alarms are best-effort and may be delayed or not delivered. The absence of an alarm is not confirmation that a condition is normal. 2.4 We may modify the Service (features, limits, integrations) from time to time. We will not materially reduce the core functionality of a paid plan during its paid term without notice. 2.5 Beta, preview or "early access" features are provided as is, may be changed or withdrawn without notice, and are excluded from any service level, warranty, indemnity or support commitment.
3. Your account and your responsibilities
3.1 You must provide accurate registration and billing information and keep it current. We may need to verify your organisation's identity and details (including for record-keeping duties under Indian law). 3.2 Shared responsibility. We are responsible for the security of the platform we operate (see the Security Overview). You are responsible for: your device and gateway configuration and firmware; your network; the confidentiality and rotation of your MQTT/broker credentials, API keys and user passwords; who you invite into your organisation and their permissions; the correctness of the data your devices send; the tags, units, thresholds and mappings you configure or confirm; and keeping your own copies of source data you cannot afford to lose. 3.3 You must comply with the Acceptable Use Policy, which is part of these Terms. 3.4 You will not use the Service in violation of any export-control or sanctions law, and you confirm neither you nor your organisation is on a sanctions list applicable to us.
4. Fees, billing, renewal and taxes
4.1 Prices and plan limits are published on nabha.cloud/pricing and shown before purchase. Unless stated otherwise, subscriptions renew automatically for successive terms of the same length until cancelled; the price and renewal term are shown at checkout and in your order confirmation. You may cancel renewal at any time in the app or by contacting support; cancellation takes effect at the end of the current paid term. 4.2 Who you are buying from. Who sells you the subscription — and therefore who invoices you, charges tax and handles refunds — depends on where you are. This is shown to you at checkout before you pay.
(a) Customers in India. Varalix is the seller and Merchant of Record. We issue a GST tax invoice bearing our GSTIN, and Indian GST is charged at the rate applicable to the Service. Payments are processed on our behalf by Razorpay Software Private Limited, our payment gateway; Razorpay is a processor of the payment, not the seller. Customer service, cancellations and refunds are handled by us under the Cancellation & Refund Policy.
(b) Customers outside India. Our order process is conducted by our online reseller Paddle.com Market Ltd, which is the Merchant of Record for those orders. Your payment is made to Paddle under Paddle's buyer terms; Paddle issues your invoice, and any VAT, GST or sales tax applicable where you are is calculated and collected by Paddle. Paddle handles payment-related customer service and executes refunds to the original payment method. Refund eligibility is determined under our Cancellation & Refund Policy.
4.2.1 Nothing in 4.2 changes who provides the Service or who owes you the obligations in these Terms: Varalix provides the Service in both cases, and these Terms govern it. Where Paddle is the Merchant of Record, Paddle's buyer terms govern the payment transaction only.
4.3 Fees are non-refundable except as stated in the Cancellation & Refund Policy. 4.4 We may change prices with at least 30 days' notice; changes apply from your next renewal. 4.5 If a paid subscription lapses, we may suspend or downgrade the account after notice, and may delete data in accordance with Section 11 and the Privacy Policy's retention schedule.
5. Fair use, quotas and suspension
5.1 Each plan carries published limits (devices, messages, payload size, retention period, AI inferences, users, API rate limits). We enforce them technically and may throttle traffic that exceeds them. 5.2 We may suspend or restrict the Service, immediately and without prior notice where the platform, other customers or third parties are at risk (for example a device flood, credential compromise, malware, or unlawful content), and otherwise after notice, for: breach of these Terms or the AUP; non-payment; a security risk; excessive usage; or a legal or regulatory requirement. We will restore access once the cause is resolved. 5.3 Where a plan permits overage, usage beyond the plan limits is billed at the published overage rate; otherwise it may be throttled or refused.
6. Data: ownership and licence
6.1 Your data is yours. You retain all rights in the telemetry, configurations, dashboards and other content you or your devices submit ("Customer Data"). You grant us a worldwide, non-exclusive licence to host, copy, process, transmit and display Customer Data solely to provide, secure and support the Service and to comply with law. 6.2 You warrant that you have all rights, consents and notices required to send Customer Data to us — including for any personal data of your operators, staff or contacts — and that doing so does not violate any law or third-party right. 6.3 Aggregated data. We may generate and use statistics, metrics and models that are aggregated and de-identified such that they cannot identify you, your sites, devices or any individual, to operate, secure and improve the Service. We will not sell Customer Data or disclose it in identifiable form except as these Terms, the Privacy Policy or the DPA allow. 6.4 Feedback. If you give suggestions or feedback, we may use them freely and without obligation to you. 6.5 Where you are the Data Fiduciary for personal data inside your organisation's tenant, the Data Processing Addendum applies and forms part of these Terms.
7. Confidentiality
7.1 Each party will protect the other's Confidential Information (non-public business, technical or operational information, including Customer Data and our non-public platform details) with at least reasonable care, use it only for this agreement, and disclose it only to personnel and sub-processors who need it and are bound by comparable duties, or where required by law (with notice where lawful). 7.2 These duties survive for three (3) years after termination, and indefinitely for trade secrets and personal data.
8. Intellectual property
8.1 The Service, its software, models, designs, documentation and all improvements are owned by Varalix or its licensors. You receive only the limited right to use the Service under these Terms. Nothing transfers ownership. Nabha and Varalix are trade marks of Varalix (registration status: unregistered). 8.2 You will not copy, modify, reverse-engineer, decompile, scrape, resell, sublicense, or build a competing product from the Service, or remove notices, except to the extent the law prohibits that restriction. 8.3 Nabha's parsing technology is the subject of an Indian patent application (patent pending). No patent licence is granted beyond the use of the Service.
9. Warranties and disclaimers
9.1 We warrant that we will provide the Service with reasonable skill and care and substantially as described in our documentation. Your sole remedy for breach of this warranty is that we re-perform or fix the deficient part; if we cannot within a reasonable time, you may terminate the affected subscription and receive a pro-rata refund of prepaid fees for the remaining term. 9.2 Except as expressly stated, the Service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy of data or AI-generated suggestions, uninterrupted or error-free operation, and any results you may obtain. 9.3 The Service is not designed for, and we make no warranty regarding, use in safety-critical, life-critical or real-time control applications (Section 2.2).
10. Liability
10.1 Exclusion of indirect loss. Neither party is liable for any indirect, incidental, special, punitive or consequential loss, or for any of the following whether direct or indirect: loss of profit, revenue, production, business, contracts, goodwill or anticipated savings; business interruption; damage to equipment, plant, materials or product; loss or corruption of data (beyond restoring from our backups); or the cost of procuring substitute goods or services. 10.2 Cap. Each party's total aggregate liability arising out of or in connection with these Terms and the Service, in contract, tort (including negligence), statute or otherwise, is limited to the fees paid by you for the Service in the twelve (12) months immediately preceding the event giving rise to the claim (whether paid to us directly or to Paddle as Merchant of Record — see Section 4.2). For free plans, trials and pilots the cap is ₹10,000 (approximately USD 100). 10.3 What is not limited. Nothing in these Terms limits or excludes liability for: fraud or fraudulent misrepresentation; death or personal injury caused by negligence; wilful misconduct or gross negligence; your obligation to pay fees; your indemnity under Section 12.2; or any liability that cannot be limited under applicable law. 10.4 Claims notice. To help us investigate, you agree to notify us in writing of any claim within twelve (12) months of becoming aware of the facts giving rise to it. This is a notification duty and does not extinguish any right or remedy you have under law.
11. Term, termination and your data
11.1 These Terms apply from account creation until all subscriptions end and the account is closed. 11.2 Either party may terminate for material breach not cured within 30 days of written notice; we may terminate immediately for breach of the AUP, non-payment beyond 30 days after notice, or where required by law. 11.3 Data export window. For 30 days after termination or expiry you may export your Customer Data through the Service (in a machine-readable format) or ask us to provide it. After that window we delete Customer Data from the live Service within 30 days and from backups in the ordinary backup cycle — except records we must retain under Indian law (see the Privacy Policy retention schedule: registration information 180 days; processing logs and traffic data 1 year; subscriber records 5 years). 11.4 Sections that by their nature should survive (fees owed, IP, confidentiality, liability, dispute resolution, retention) survive termination.
12. Indemnities
12.1 By us. We will defend you against a third-party claim that the Service, used as permitted, infringes an Indian patent, copyright or trade mark, and pay resulting damages and costs finally awarded or agreed in settlement, provided you notify us promptly, let us control the defence, and reasonably cooperate. We may procure the right for you to continue, modify the Service, or terminate and refund prepaid fees for the remaining term. This does not cover Customer Data, combinations with things we did not supply, modifications by you, or beta features. This Section is your exclusive remedy for infringement claims and is subject to Section 10. 12.2 By you. You will defend and indemnify us against third-party claims arising from Customer Data, your devices or networks, your breach of law or these Terms, or use of the Service by your Users in violation of the AUP or in safety-critical applications contrary to Section 2.2.
13. Changes to these Terms
We may update these Terms. Material changes take effect 30 days after we notify you by email or in the app; continued use after that date is acceptance. We will also remind all Users of the current Terms, Privacy Policy and AUP at least once a year.
14. Governing law and disputes
14.1 These Terms are governed by the laws of India. 14.2 The parties will first try to resolve any dispute in good faith through the Grievance Redressal process. Any dispute not resolved within 30 days shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement (failing which as the Act provides), seat and venue Hubli, Karnataka, India, language English. Courts at the seat have exclusive jurisdiction for interim relief and matters not arbitrable. 14.3 Nothing prevents either party seeking urgent injunctive relief to protect confidential information or intellectual property.
15. General
15.1 Entire agreement. These Terms, the Privacy Policy, AUP, DPA, AI Features Addendum, SLA & Support Policy, Cancellation & Refund Policy and your order form together are the entire agreement and supersede prior discussions. Marketing materials, website statements and estimates are not contractual representations; you confirm you have not relied on any statement not set out in these documents. Where you have a signed master agreement with us, it prevails over these Terms in case of conflict. 15.2 Assignment. You may not assign without our consent; we may assign to a successor of our business (including on conversion of the proprietorship to a company or LLP) on notice. 15.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (including internet, cloud-provider or telecom failures, government action, and natural disasters), other than payment obligations. 15.4 Notices to us: H No 589, Shri Laxmi Narasimha Nilaya, Panchakshari Nagar, Hubli, Dharwad, Karnataka 580025, India. Notices to you: your account email. 15.5 Severability, waiver, no partnership, English text prevails. 15.6 Intermediary due diligence. In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, our rules and regulations, privacy policy and user agreement are published on nabha.cloud, and our Grievance Officer's details are set out on the Grievance Redressal page.
Contact: founder@nabha.cloud