GREENSCORE

END USER LICENSE AGREEMENT (EULA)

IMPORTANT – PLEASE READ CAREFULLY

This End-User License Agreement (‘EULA’) is a legally binding contract between you (“End User”, “Licensee”, or “User”) and VK Group (“Licensor”), a company incorporated under the laws of India, having its principal place of business at Ground Floor, Next Gen Avenue S/No 103(p), CTS No. 2850, Bahiratwadi, Off., Senapati Bapat Road, Near ICC Trade Tower, Pune, Maharashtra, India,, which expression shall unless repugnant to the context or meaning thereof mean and include its successors, permitted assigns, representatives, administrators and executors etc., which owns, operates, and licenses the Greenscore software platform (accessible at https://greenscoreapp.com and associated mobile applications) (collectively, the “Software” or “Application”).

By clicking “I Agree”, registering, or accessing or using the Software in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including all terms, conditions, limitations of liability, disclaimers, intellectual property rights, and data usage provisions. If you do not agree with this Agreement, you must not use the Software.

1. SOFTWARE OVERVIEW AND PURPOSE: Greenscore is a cloud-hosted Software-as-a-Service (SaaS) platform developed and operated by VK Group to support environmentally responsible project management in construction, real estate, and related industries. The platform is accessible via the website https://greenscoreapp.com and associated mobile applications, providing a seamless interface for project tracking, reporting, and analytics. VK Group, as the owner and operator of Greenscore, provides a comprehensive suite of services to enable End Users to monitor and improve the environmental performance of their projects. The platform is designed for project proponents, builders, contractors, evaluators, and other professionals involved in project management, and supports compliance with statutory and regulatory norms, including those issued by the Ministry of Environment, Forest and Climate Change (MoEFCC), Central Pollution Control Board (CPCB), and other relevant authorities. The Greenscore Software enables End Users to Formulate, monitor, and report site activities for environmental protection at construction and real estate projects; Reduce the environmental impact arising from construction and project-related activities; Detect gross non-compliance events early and facilitate timely rectification; Track labor safety, health, and wellbeing on a timely basis; Ensure project compliance with applicable statutory and regulatory requirements; Generate actionable insights through dashboards, scoring systems, reports, charts, and analytics to improve environmental performance and operational efficiency. The Software is cloud-based, accessible through both web and mobile (React Native) interfaces, and leverages server-side components implemented in Laravel. Certain Open-Source Software (OSS) components are incorporated in accordance with their respective licenses. License Model: Greenscore operates on a Pay-Per-Report model. Account creation and onboarding are provided free of charge, while paid reports, advanced analytics, dashboards, and additional features require payment as specified by VK Group. Additional Services Provided by VK Group: Account setup and configuration for project-specific use; Technical support through a ticketing system and dedicated helpline; Access to resources and guidelines relevant to environmental compliance and project management; Usage of anonymized and aggregated data for internal analytics, product improvement, and research purposes, in accordance with applicable data protection laws.

2. DEFINITIONS:
   1. “Agreement” shall mean this End User License Agreement (EULA), including all schedules, annexures and exhibits hereto, and any amendments published by Licensor from time to time.
   2. “Affiliate” shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with a party. “Control” means ownership of more than fifty percent (50%) of the voting interests.
   3. “Application”/“Software” shall mean the Greenscore web platform and mobile application (including related front-end, back-end, APIs, dashboards, charts, scoring engines, reports and documentation) made available by Licensor to End Users.
   4. “Licensor”/“VK Group” shall mean the entity that owns and licenses the Software (named as VK Group in this Agreement), including its successors and permitted assigns.
   5. “End User” / “Licensee” / “User” shall mean any natural person or legal entity that registers for, accesses, or uses the Software in accordance with this Agreement.
   6. “Authorized User” shall mean an End User or person expressly authorized by an End User to access the Software on behalf of the End User (including project managers, contractors and other named personnel).
   7. “Authorized Administrator” shall mean the individual/s designated by an End User with administrative rights to create, manage and remove Authorized Users under a Project.
   8. “Project” shall mean a distinct construction or real-estate initiative or record created and managed in the Software for which Reports and tracking are conducted.
   9. “Reports” shall mean environmental compliance, scoring, analytics, charting and other formatted outputs generated by the Software and made available to End Users (paid or free) under the Pay-Per-Report model.
   10. “Pay-Per-Report Model” shall mean Licensor’s commercial model pursuant to which End Users obtain access to specified Reports or deliverables upon payment of the applicable Fees.
   11. “License” shall mean the limited, non-exclusive, non-transferable, revocable right granted by Licensor to the End User to access and use the Software subject to the terms of this Agreement.
   12. “Licensed Materials” shall mean the Software, documentation, help files, reports, dashboard templates and other materials that Licensor makes available under the License.
   13. “Intellectual Property Rights” shall mean patents, copyrights, database rights, trademarks, service marks, trade secrets, know-how, moral rights, inventions (whether or not patentable), domain names and all other intellectual property rights recognized under applicable law, whether registered or unregistered.
   14. “Source Code” shall mean human-readable programming code used to create the Software (not provided to End Users unless expressly stated in writing).
   15. “Third-Party Components” shall mean any software, libraries, code, modules, APIs, plug-ins or services provided by third parties and incorporated into or integrated with the Software (including Open-Source Software).
   16. “Third-Party Services” shall mean services provided by third parties (for example, payment gateways, hosting providers, analytics providers) that interoperate with the Software.
   17. “Open-Source Software (OSS)” shall mean software components distributed under an open-source license (e.g., MIT, Apache, GPL) that are included in or used by the Software.
   18. “Backup Copy” shall mean a single copy of the Software or user data made solely for archival or disaster-recovery purposes, subject to the restrictions in this Agreement.
   19. “Account Activation” shall mean the administrative process by which Licensor enables an End User’s access to the Software following registration and any vetting or admin approval.
   20. “Fees” shall mean all amounts payable by the End User to Licensor under this Agreement, including report fees, taxes, and other charges as set out in the applicable Order or pricing schedule.
   21. “Payment Gateway” shall mean a third-party payment processor or provider used by Licensor to accept and process payments from End Users.
   22. “Effective Date” shall mean the date on which the End User accepts this Agreement by clicking “I agree”, registering for the Service, or otherwise manifesting assent in accordance with Licensor’s acceptance procedure.
   23. “Term” shall mean the period beginning on the Effective Date and continuing until termination of this Agreement in accordance with its terms.
   24. “Termination Event” shall mean any event or circumstance listed in this Agreement that entitles a party to suspend or terminate the License (including material breach, non-payment or unlawful conduct).
   25. “Confidential Information” shall mean any non-public, proprietary or confidential information disclosed by a party to the other in any form relating to business, technology, data, processes, pricing, strategic plans or other information reasonably understood to be confidential; Confidential Information excludes information that is publicly available or independently developed without use of the disclosing party’s Confidential Information.
   26. “Personal Data” shall mean any information relating to an identified or identifiable natural person (a “Data Principal”), as defined under applicable data protection laws, including the DPDP Act.
   27. “Sensitive Personal Data (SPDI)” shall mean categories of Personal Data that are considered sensitive under applicable law (for example, health data, biometric data, financial information), and which require heightened safeguards.
   28. “Data Principal” shall mean the natural person to whom the Personal Data relates (as defined in the DPDP Act and other applicable data protection laws).
   29. “Data Fiduciary” shall mean any person, including the Licensor or End User (as applicable), who alone or in co-ordination with others determines the purpose and means of Processing of Personal Data (term as used in the DPDP Act).
   30. “Data Processor” shall mean any person who processes Personal Data on behalf of a Data Fiduciary (term as used in the DPDP Act).
   31. “Processing” shall mean any operation or set of operations performed upon Personal Data, whether or not by automated means, including collection, recording, organization, storage, adaptation, retrieval, use, disclosure, erasure or destruction.
   32. “DPDP Act” shall mean the Digital Personal Data Protection Act, 2023 of India and any rules, regulations, guidance or orders made thereunder.
   33. “IT Act” shall mean the Information Technology Act, 2000 of India and any rules, notifications or guidelines issued thereunder (including rules relating to SPDI and intermediary obligations).
   34. “IT Rules” shall mean rules, regulations, circulars or guidelines issued under the IT Act, including rules relating to reasonable security practices, grievance redressal and intermediary liability.
   35. “Security Incident” shall mean any confirmed or reasonably suspected breach of confidentiality, integrity or availability of Licensee data or the Software (including unauthorized access, loss, disclosure, alteration, or destruction of Personal Data).
   36. “Security Practices” shall mean organizational, technical and operational measures and safeguards implemented by Licensor to protect data and the Software (including encryption, access controls, vulnerability management and incident response procedures).
   37. “Indemnified Claim” shall mean any claim, demand, suit, action, judgment, loss or liability brought by a third party for which indemnification is sought under this Agreement.
   38. “Remote Device Management (RDM)” shall mean remote management, monitoring or control of End User computing devices by Licensor or a third party (not provided by Licensor for this Software unless expressly agreed in writing).
   39. “Update” shall mean a minor correction, patch or bug fix to the Software that does not materially change functionality or impose new obligations on End Users.
   40. “Upgrade” shall mean a major new version, release or enhancement to the Software that may materially change functionality and may be subject to version notes or additional terms.
   41. “Release Notes” shall mean the documentation published by Licensor describing the content, scope and effect of Updates and Upgrades.
   42. “Support Services” shall mean the technical assistance and maintenance services provided by Licensor to End Users as described in this Agreement (for example: helpdesk, ticketing and helpline for access, payments and report download issues).
   43. “User-Generated Content (UGC)” shall mean any content, data, text, images or other materials uploaded, posted or submitted by End Users to the Software.
   44. “Prohibited Content” shall mean UGC or other material that is unlawful, infringing, defamatory, obscene, pornographic, discriminatory, harassing, or otherwise prohibited under this Agreement or applicable law.
   45. “Malware” shall mean any virus, worm, trojan, ransomware, spyware, adware, rootkit or any other harmful code intended to damage, disrupt or gain unauthorized access to computers, networks or data.
   46. “Beta Features” shall mean pre-release or experimental features which Licensor may make available for testing; Beta Features are provided “as-is” and may be subject to separate terms.
   47. “Territory” shall mean worldwide; the geographic scope in which the Software may be lawfully accessed and used in accordance with applicable export and trade control laws.
   48. “Governing Law” shall mean the laws identified in this Agreement as governing its interpretation and enforcement (by default, the laws of India).

3. GRANT OF LICENSE:
   1. License Grant: Subject to the terms and conditions of this Agreement, Licensor hereby grants to the End User a limited, non-exclusive, non-transferable, revocable, and role-based license to access and use the Software solely for the End User’s internal purposes related to environmental compliance, project management, and reporting under the Pay-Per-Report model. This License does not confer any ownership rights to the Software or any of its components.
   2. Scope of License: The License includes the right to:
      1. Access dashboards, project data, compliance checklists, charts, analytics, and reports generated by the Software.
      2. Use Software features corresponding to the End User’s role:
         • Super Admin: Full administrative access, including system configuration, project setup, category management, attribute management, notifications, menu management, subscription and payment management, user and role management, audit logs, reports, dashboards, and analytics.
         • Evaluator: Create and manage projects, enter project-specific data, access project dashboards, generate and download paid reports, view resources, submit support tickets, and view audit logs.
         • Client: View project-specific dashboards, reports, and resources, submit support tickets, and view audit logs. Receive minor Updates automatically deployed by Licensor; Receive major Upgrades where release notes and version changes affecting End User functionality are communicated; Download paid Reports after payment for internal analysis only; Use the Resources module (laws, guidelines, notifications) solely for informational purposes.
      3. License Term: The License is valid per project under the Pay-Per-Report model and expires upon project completion or early termination by the End User or Licensor. Licensor may retain project data for internal analytics and benchmarking purposes post-termination. Such data shall remain confidential and will not be shared with any third party.
      4. User Responsibilities: The End User shall: Ensure that only authorized personnel access the Software under their account; Maintain confidentiality of account credentials, activation keys, and passwords; Use the Software only for lawful purposes and in compliance with applicable laws including DPDP 2023, IT Act 2000, and environmental compliance laws; Not attempt to exploit system vulnerabilities or manipulate the Software’s scoring, reporting, or compliance functionalities.
      5. Reservation of Rights: Licensor reserves all rights not expressly granted, including but not limited to: Ownership of the Software, source code, reports, scoring logic, dashboards, charts, and all IP rights; Rights to modify, update, discontinue, or enhance any features of the Software; Rights to perform data analytics on aggregated or anonymized End User data; Rights to sublicense, distribute, or commercialize the Software; Rights to enforce compliance with this Agreement, including suspension or termination of access for breach of terms.
      6. Role-Based Access and Restrictions: Access rights are role-specific: Super Admin, Evaluator, and Client roles have distinct access levels. Licensor may modify access rights at any time to reflect role changes or platform updates.
      7. License Limitations: License is personal to the End User; it cannot be assigned, sold, leased, sublicensed, or transferred. Use of the Software for commercial resale, external projects, or third-party benefit is strictly prohibited.

4. RESTRICTIONS/PROHIBITED ACTIVITIES:
   1. General Restrictions: The End User shall not, and shall not permit any third party to: Copy, reproduce, distribute, or create derivative works of the Software, including Reports, dashboards, or scoring logic; Modify, translate, adapt, decompile, disassemble, reverse engineer, or attempt to discover the source code of the Software; Remove, alter, or obscure any proprietary notices, labels, copyright, or trademarks embedded in the Software; Sublicense, rent, lease, assign, or otherwise transfer the Software or any part thereof; Use the Software outside the scope permitted by this Agreement; Use the Software in violation of any applicable law, regulation, or governmental notification, including DPDP 2023, IT Act 2000, or environmental compliance regulations; Access or attempt to access other users’ accounts, data, or projects without authorization; Circumvent or bypass authentication or security controls.
   2. Role-Based Restrictions:
      • Evaluator and Client cannot access system-wide configuration, subscription management, or audit logs beyond assigned projects; Cannot manipulate scoring algorithms, reports, or project data belonging to other projects or users.
      • Super Admin cannot use any client or project data for purposes outside project management or analytics. Cannot share Software access with unauthorized third parties.
   3. ProhibitedConduct: End Users shall not: Introduce malware, spyware, ransomware, viruses, or malicious code;
      • Attempt to interfere with Software availability, performance, or integrity;
      • Use the Software to create unauthorized copies of government notifications, PDFs, or third-party content in the Resources module;
      • Use the Software to infringe intellectual property, privacy rights, or any other legal rights;
      • Misrepresent their identity, affiliation, or role within the platform;
      • Attempt to bypass or manipulate payment mechanisms for paid Reports
   4. Prohibited Activities: End Users are strictly prohibited from
      • Attempting denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks on the Software;
      • Exploiting security vulnerabilities for unauthorized purposes; Using automated scripts, bots, or other tools to disrupt the Software or impair its performance;
      • Engaging in phishing, credential harvesting, or
      • other attacks targeting Licensor or other End Users.
   5. Third-Party Software/Open-Source Components: The Software may include Third-Party Components (e.g., Laravel, React Native) subject to open-source licenses. End Users must comply with all such licenses and acknowledge Licensor is not responsible for any liability arising from third-party components.
   6. Data and Reporting Restrictions: End Users shall not export, copy, or distribute data, Reports, or scoring results to unauthorized parties. End Users cannot use the Software or Reports for legal, regulatory, or compliance representation without independent verification. Licensor provides Reports “as-is” and shall not be liable for any interpretation or use by the End User.
   7. Enforcement of Restrictions: Any violation of this clause may result in: Immediate suspension or termination of Software access; Legal action for infringement, breach of contract, or misuse; Liability for damages resulting from unauthorized access, copying, or use of the Software.

5. FEES, PAYMENT, AND REFUNDS:
   1. Fees: End Users shall pay the fees for the use of the Software as per the Pay-Per-Report model or any other pricing structure communicated on the Software platform. Fees may vary depending on the type of report, project, or subscription selected by the End User. All fees are exclusive of taxes, duties, levies, or government charges applicable under Indian law or the jurisdiction of the End User.
   2. Payment Terms: Payment for Reports shall be made in advance, prior to downloading the respective report. Licensor provides multiple payment methods as listed on the platform (e.g., credit/debit card, online bank transfer, or other digital payment methods). Access to Reports or premium features will be granted only after successful payment confirmation. Payment receipts will be made available through the platform for End Users’ records
   3. Billing and Subscription Management: Super Admin shall have the authority to manage subscriptions, user packages, and project-based billing. End Users shall ensure that all billing information provided is accurate, complete, and up to date. Licensor reserves the right to suspend access to Reports or the Software if fees remain unpaid or if payment information is invalid.
   4. Refund Policy: All fees paid by End Users are non-refundable, unless explicitly agreed in writing by Licensor. No compensation or reimbursement will be provided for: Reports purchased but not used; Access interrupted due to non-payment; Any downtime, error, or delay in delivering Reports; Decisions or actions taken by the End User based on Reports or software analytics.
   5. Late or Failed Payments: Licensor may suspend the End User’s access to the Software or Reports in case of late or failed payments. End Users shall remain liable for all pending fees, including applicable taxes, collection costs, or legal expenses incurred in recovery.
   6. Taxes and Duties: End Users are solely responsible for all applicable taxes, duties, or statutory levies, including Goods & Services Tax (GST) or any similar taxes in their jurisdiction. Licensor may invoice these separately or include them in the total fees.
   7. Price Modifications: Licensor reserves the right to modify fees or introduce new pricing plans at any time. Changes will be communicated via the Software platform, email, or other official communication channels. Existing payments or subscriptions prior to the fee change will remain valid under the original terms unless the End User voluntarily opts for a new plan.

6. INTELLECTUAL PROPERTY, OWNERSHIP & LICENSING:
   1. Ownership: The Software, including but not limited to all modules, dashboards, Reports, scoring methodologies, algorithms, charts, source code, mobile applications, APIs, designs, graphics, analytics, documentation, and all related materials, shall remain the sole proprietary and intellectual property of the Licensor (VK Group). End Users acknowledge that no title, ownership, or intellectual property rights in the Software or any part thereof are transferred under this Agreement. End Users obtain only a limited right to use the Software strictly in accordance with the terms of this Agreement.
   2. License Grant/Scope of Use:
      • Subject to compliance with this Agreement, Licensor grants End Users a limited, non-exclusive, non-transferable, non-sublicensable license to: Access and use the Software, dashboards, and Reports for internal project management purposes during the applicable license period; View, download, and store Reports internally within their organization; and invite additional users to their project account, subject to applicable license limits.
      • The license is project-based and shall remain valid until completion of the relevant project or closure of the End User account, whichever occurs earlier.
   3. License Restrictions/Prohibited Activities: End Users shall not, directly or indirectly:
      • Copy, reproduce, modify, translate, adapt, create derivative works, reverse engineer, decompile, or disassemble the Software, Reports, or any component thereof;
      • Sell, rent, lease, sublicense, transfer, assign, publish, or otherwise make available the Software, Reports, or scoring analytics to any third party;
      • Attempt to bypass, disable, or interfere with security features, license restrictions, or usage limitations;
      • Remove, alter, or obscure any copyright, trademark, or proprietary notices displayed on the Software or Reports;
      • Use the Software or Reports for any commercial purpose outside their internal business operations without prior written consent of the Licensor.
   4. Reports and Scoring Analytics: All Reports, charts, scoring outputs, and analytics generated by the Software are licensed solely for the End User’s internal use. Redistribution, publication, resale, or external disclosure is strictly prohibited without Licensor’s prior written consent. Licensor may use aggregated and anonymized project data for internal analytics, product improvements, benchmarking, and research purposes, provided that no personally identifiable or project-specific confidential data is disclosed.
   5. Trademarks and Branding: All trademarks, service marks, trade names, logos, and brand elements appearing in the Software or on Reports are the exclusive property of the Licensor. End Users shall not use, copy, display, or reproduce any such marks without prior written authorization from the Licensor.
   6. Third-Party Components: The Software may incorporate third-party frameworks, libraries, and open-source components (including but not limited to Laravel and React Native). End Users agree to comply with all applicable open-source license terms. The Licensor disclaims responsibility for any claims, damages, or obligations arising from third-party components beyond its control.
   7. Protection of Intellectual Property: End Users shall
      • Take reasonable measures to protect the Software, Reports, and Licensor’s intellectual property from unauthorized use, copying, or access;
      • Promptly notify Licensor of any suspected infringement, misuse, or breach of intellectual property rights; and
      • Not assist, authorize, or enable any third party to infringe upon the Licensor’s intellectual property. Licensor reserves the right to initiate legal proceedings for any violation or misuse.
   8. Reservation of Rights: All rights not expressly granted under this Agreement are reserved by the Licensor, including but not limited to:
      • Rights to updates, modifications, new features, and improvements to the Software;
      • The right to restrict or limit access to certain features or functionalities at its sole discretion;
      • The right to implement security measures, authentication protocols, and usage restrictions to safeguard the Software and its intellectual property; and
      • The right to suspend or terminate access in the event of breach of intellectual property rights, licensing restrictions, or any provision of this Agreement.

7. DATA PRIVACY, CONFIDENTIALITY AND USER DATA RIGHTS:
   1. Collection of Data: End Users acknowledge that the Software collects, processes, and stores data provided during account registration, project creation, and report generation, including but not limited to: User information (name, email, contact number, role); Project details (project name, location, typology, categories, attributes, built-up area, labor safety records); Environmental compliance data, scoring, and report data Licensor collects data solely for providing the Software, project analytics, report generation, internal research, and platform improvements.
   2. Use of Data by Licensor: Licensor may use data collected for the following purposes: Software functionality and user experience improvements; Analytics, benchmarking, scoring validation, and environmental research; Detecting and preventing fraud, misuse, or unauthorized access; Regulatory compliance and reporting, if required by law. All project-specific or personal data will be aggregated or anonymized before use in any internal analytics, reports, or research to prevent identification of individual End Users or projects.
   3. User Consent and Data Processing: By registering and using the Software, End Users consent to the collection, storage, and processing of data in accordance with this Agreement and applicable laws including DPDP 2023. End Users further consent to the transfer of their data across secure servers operated by Licensor globally, provided that all security and confidentiality measures are maintained.
   4. Confidentiality Obligations: End Users shall treat all information accessed through the Software, including project data, Reports, scoring analytics, and other materials, as confidential and proprietary. End Users shall not disclose, share, or distribute any confidential information to third parties without explicit written permission from Licensor. Licensor shall maintain confidentiality of End Users’ personal and project data, except as required by law, legal process, or regulatory authority.
   5. Data Security Measures: Licensor shall implement reasonable technical, administrative, and organizational safeguards to protect data from unauthorized access, disclosure, alteration, or destruction. Security measures include but are not limited to: Secure login and authentication protocols; Data encryption in transit and at rest; Regular system monitoring and audits; Access control and role-based permissions. End Users are responsible for maintaining the confidentiality of their account credentials and ensuring that only authorized personnel access the Software.
   6. Data Retention and Deletion: Licensor shall retain project data and user-generated content for the duration of the project and may retain aggregated or anonymized data for internal analytics indefinitely. Upon project completion or termination of the License, Licensor shall: Delete personal data upon request where legally permissible; Retain anonymized or aggregated data for research, benchmarking, and software improvement. End Users are responsible for ensuring compliance with local privacy laws regarding the data they input into the Software.
   7. Third-Party Data and Compliance: End Users acknowledge that any third-party data integrated into the Software, including environmental notifications, legal PDFs, or open-source components, is the responsibility of the End User to use appropriately. Licensor is not liable for the misuse, misinterpretation, or errors in third-party data or content.
   8. Data Breach Notification: In the event of a data breach, Licensor shall notify affected End Users in accordance with applicable law (including DPDP 2023) and take reasonable steps to mitigate the impact. End Users shall promptly notify Licensor if they suspect any unauthorized access or breach involving their account credentials or project data.
   9. Compliance with Laws: Both Licensor and End Users agree to comply with all applicable data protection laws, including: Data Protection and Digital Personal Data Protection Act, 2023 (India); Information Technology Act, 2000; Other relevant national or international privacy laws applicable to the End User. Licensor does not assume responsibility for End Users’ compliance with local data protection laws for data entered into the Software.
   10. Indemnification for Data Misuse: End Users shall indemnify and hold Licensor harmless from any claims, damages, penalties, or losses arising from: Unauthorized sharing, distribution, or processing of project or personal data; Non-compliance with applicable privacy laws; Misuse of Software-generated Reports, scoring data, or analytics.
   11. Data Protection and Privacy Compliance: By using the Software, you acknowledge and agree that VK Group may collect, process, store, and use your personal and project data in accordance with applicable laws, including the Digital Personal Data Protection Act, 2023 (India), the Information Technology Act, 2000 (India), GDPR (for EU residents), and CCPA/CPRA (for California residents, USA). VK Group maintains a Privacy Policy (https://greenscoreapp.com/privacy-policy) that details how personal data is collected, used, shared, and protected. By accepting this Agreement, you also agree to the Privacy Policy. Where required by law, active consent is obtained via this Clickwrap EULA. Users may exercise their rights under applicable laws, including: Accessing, correcting, or deleting personal data; Withdrawing consent for processing where legally permissible; Opting out of marketing communications or sale of personal data. Anonymized or aggregated project data may be used for internal analytics, product improvement, and research purposes, without disclosing identifiable user information.

8. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY:
   • No Warranty:
     • The Software, including Reports, dashboards, scoring analytics, charts, and any related materials, is provided “as-is” and “as available” without any warranty of any kind, whether express, implied, statutory, or otherwise.
     • Licensor does not warrant that:
       • The Software will meet End Users’ specific requirements; The Software will operate uninterrupted, error-free, or secure;
       • Any data, Reports, or scoring results will be accurate, complete, or reliable;
       • Errors or defects in the Software will be corrected.
     • Explicit Disclaimer of Warranties: To the maximum extent permitted by law, Licensor disclaims all warranties, including but not limited to:
       • Implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement;
       • Warranties related to data accuracy, reliability, or completeness;
       • Warranties that the Software will be compatible with all devices, networks, or operating systems;
       • Any warranty arising from trade usage, course of dealing, or performance of prior services.
     • Disclaimers:
       • Licensor is not responsible for any damages, losses, or claims arising from:
         • Use or inability to use the Software;
         • Actions taken by End Users based on Reports, scoring data, or analytics; Misinterpretation or misuse of environmental compliance data;
         • Downtime, errors, delays, or interruptions in service;
         • Unauthorized access to user accounts or project data;
         • Integration with third-party software, hardware, or open-source components;
         • Any incorrect input, data entry errors, or incomplete project data provided by End Users.
       • Licensor does not guarantee that any information, content, or resources provided via the Software are complete, accurate, up-to-date, or applicable to End Users’ specific circumstances.
     • Limitation of Liability:
       • To the maximum extent permitted by law, Licensor’s total liability, whether in contract, tort, or otherwise, arising out of or relating to this Agreement or the Software, shall be limited to the amount of fees actually paid by the End User under this Agreement for the relevant Report or project.
       • Under no circumstances shall Licensor be liable for:
         • Indirect, incidental, consequential, special, or punitive damages; Loss of profit, revenue, goodwill, or business opportunities;
         • Any legal or regulatory penalties incurred by End Users due to their use of the Software;
         • Damages arising from reliance on Reports, dashboards, or scoring outputs;
         • Claims arising from End Users’ violation of applicable laws or this Agreement.
       • End User Acknowledgement: End Users hereby expressly acknowledge that:
         • They are solely responsible for their decisions, actions, and interpretation of the Software outputs;
         • They have reviewed and understood the disclaimers and limitations of liability in this Agreement;
         • They will not hold Licensor responsible for any direct or indirect consequences of using or relying on the Software.
       • Indemnification Related to Warranties: End Users shall indemnify, defend, and hold harmless Licensor against any claims, liabilities, losses, or damages resulting from:
         • End Users’ breach of this Agreement;
         • Misuse of Reports, data, or analytics;
         • Non-compliance with laws or regulations;
         • Unauthorized sharing or disclosure of Licensor’s proprietary information or IP.
       • Survival: The provisions of this Clause shall survive the expiration or termination of this Agreement and continue to apply to all End Users and Licensor’s rights and obligations.

9. TERM, TERMINATION AND SUSPENSION:
   • Term of License: The license granted to End Users under this Agreement is perpetual for the duration of the respective project, subject to payment of fees and compliance with this Agreement. Licensor may modify or upgrade the Software, Reports, or platform functionalities during the term without additional fees unless expressly communicated.
   • Termination by End User: End Users may terminate their license by requesting closure of their project account upon project completion. Termination does not entitle the End User to any refund of fees already paid.
   • Termination by Licensor: Licensor may suspend or terminate the license, in whole or in part, in the event of:
     • Non-payment of fees or subscription charges;
     • Breach of any term of this Agreement, including misuse of the Software, Reports, or proprietary information;
     • Unauthorized access, sharing, or distribution of Licensor IP;
     • Any action that may compromise the security, integrity, or functionality of the Software.
   • Suspension: Licensor may temporarily suspend access to the Software for maintenance, security updates, or other operational reasons. End Users will be notified via the platform or email wherever feasible.
   • Effect of Termination: Upon termination, all licenses granted to the End User immediately cease. Licensor reserves the right to retain project data, reports, and aggregated analytics for internal research, benchmarking, or future product improvements. Termination does not affect Licensor’s rights to enforce any provisions of this Agreement, including IP, confidentiality, and limitations of liability.

10. SOFTWARE ACCESS, INSTALLATIONAND USAGE:
    • Cloud-Based Access: The Software is provided via cloud-based access, with no installation required on End Users’ devices. Account activation is done through Licensor’s admin panel following registration or expression of interest.
    • User Roles and Permissions: Licensor defines user roles as Admin, Client, and Evaluator, with role-specific access to dashboards, reports, compliance checklists, and project configurations. End Users are responsible for ensuring proper use of their login credentials and restricting access to authorized personnel only.
    • Updates and Upgrades: Minor updates will be applied automatically; major updates will include version control notes and release communications. All updates and upgrades are free of charge for End Users.
    • Technical Support: Licensor provides support through a ticketing system and dedicated phone line. Support includes:
      • Payment processing issues;
      • Report downloads issues;
      • User account access issues;
      • Assistance with any discrepancies in user-provided data.

11. USAGE LIMITS, QUOTAS, AND LICENSE RESTRICTIONS:
    • Scope of Access: The License granted under this Agreement is limited to the End User’s internal project-related use of the Software and its associated features, as defined in Clause 27 (Licensing Rights & Restrictions). The End User acknowledges and agrees that the Licensor may impose usage and consumption limits on access to the Software, Reports, Dashboards, APIs, or any other Licensed Materials.
    • Project and User Limits: The maximum number of Projects, Users, or Evaluators allowed under a particular subscription, account, or license tier shall be defined by Licensor in the applicable Order, Pricing Schedule, or Account Plan. End Users shall not exceed the limits specified for their license tier without obtaining prior written consent or upgrading the license.
    • Data Storage and Bandwidth Limits: The Licensor may impose restrictions on the amount of data stored or processed per account, Project, or subscription. The End User shall ensure that data uploads, storage, and system usage do not exceed the quotas or limits established by Licensor. Exceeding such limits may result in throttling, temporary suspension, or additional fees, as communicated to the End User.
    • API Access and Integrations: If the Software provides any API or third-party integration, End Users shall only use such APIs within the limits specified by Licensor. Unrestricted or excessive API calls, automated scraping, or unauthorized data extraction is strictly prohibited.
    • Monitoring and Enforcement: Licensor reserves the right to monitor End User usage to ensure compliance with this Agreement. Any breach of usage limits may result in:
      • Restriction of access to certain features;
      • Suspension or termination of the account;
      • Additional charges for excess usage;
      • Legal remedies for unauthorized or abusive use.
    • No Implied Rights: End Users acknowledge that any quotas, limits, or restrictions are part of the license grant and do not imply any rights to unlimited use, storage, or data processing. All rights not expressly granted are reserved by the Licensor.

12. USER DATA, REPORTS AND ANALYTICS:
    • Ownership and Usage Rights: All project data, Reports, scoring outputs, and analytics are licensed to the End User for internal use only. Licensor retains ownership of all IP, including scoring methodologies, report formats, charts, and analytics.
    • Internal Use by Licensor: Licensor may use aggregated or anonymized data for:
      • Software improvement and feature development;
      • Benchmarking and research;
      • Internal reporting and analysis.
    • Third-Party Integration Disclaimer: Licensor is not responsible for any third-party data, devices, platforms, or software integrated with the Software. End Users must comply with third-party licenses and regulations independently.
    • Restrictions: End Users shall not:
      • Redistribute or publish reports externally;
      • Use the Software to create tools that replicate scoring, analytics, or reporting;
      • Share login credentials or project access with unauthorized personnel.

13. CONFIDENTIALITY:
    • Confidential Information includes all non-public information disclosed by either party, including but not limited to: Project data, Reports, and analytics; User credentials, login details, and access information; Software features, scoring methodologies, charts, dashboards; Proprietary business processes, IP, or trade secrets.
    • Obligations of End User: End Users shall Maintain the confidentiality of all information accessed through the Software; Not disclose, share, or distribute confidential information to third parties without Licensor’s written consent; Ensure that employees, contractors, or agents accessing the Software comply with these confidentiality obligations.
    • Obligations of Licensor: Licensor shall Protect End Users’ personal and project-specific information; Use End Users’ data only for internal analysis, benchmarking, software improvements, or regulatory compliance.
    • Exceptions: Confidentiality obligations do not apply to information that:
      • Is publicly available;
      • Was lawfully obtained by the recipient before disclosure;
      • Is required to be disclosed by law, court order, or government authority.

14. COMPLIANCE WITH LAWS AND REGULATORY REQUIREMENTS:
    • End User Compliance: End Users shall comply with all applicable laws, regulations, and standards, including:
      • Environmental regulations relevant to projects;
      • DPDP 2023, IT Act 2000, and other data protection laws;
      • Local, national, and international laws applicable to project data or software usage.
    • Licensor Compliance: Licensor ensures that the Software platform, Reports, and analytics comply with Indian law, SaaS regulations, and applicable privacy and security requirements.
    • Audit and Verification: Licensor may, at its discretion, conduct audits or verification of End User compliance with licensing terms, data accuracy, or legal obligations.

15. INDEMNIFICATION:
    • End User Indemnification: End Users shall indemnify, defend, and hold harmless Licensor, its affiliates, officers, employees, and agents from any claims, damages, liabilities, losses, costs, or expenses (including legal fees) arising from:
      • Violation of this Agreement, including misuse of the Software or Reports;
      • Unauthorized sharing, copying, or redistribution of Reports, data, or analytics;
      • Breach of applicable laws, regulations, or third-party rights;
      • Use of the Software for illegal, fraudulent, or harmful purposes;
      • Inaccurate, incomplete, or misleading data provided by the End User.
    • Licensor Indemnification: Licensor shall not provide any indemnification or compensation for use of the Software, except where mandated by law. End Users acknowledge that fees paid are non-refundable and no warranty or assurance is provided on the Software or Reports.

16. EXPORT CONTROLS AND INTERNATIONAL TRADE COMPLIANCE:
    • Compliance with Export Laws: The End User acknowledges and agrees that the Software, Documentation, Reports, and any related technology, data, or services (collectively, “Licensed Materials”) may be subject to export control laws and regulations, including but not limited to:
      • The Export Administration Regulations (EAR) and related laws of the United States,
      • the European Union Dual-Use Regulation,
      • the United Nations and European Union sanctions regimes, and
      • any other applicable trade control, embargo, or export/import laws of the jurisdiction(s) in which the End User accesses or uses the Licensed Materials.
    • Prohibited Use: The End User shall not, directly or indirectly, export, re-export, transfer, transmit, or otherwise make the Licensed Materials available:
      • to any country, entity, or individual that is subject to embargo, sanctions, or trade restrictions imposed by the United States, the European Union, the United Nations, or any other applicable governmental authority;
      • for any purpose prohibited by applicable laws, including but not limited to nuclear, missile, chemical or biological weapons-related activities; or
      • to any person or entity listed on restricted party lists maintained by the U.S. Department of Commerce, U.S. Department of Treasury, U.S. Department of State, the European Union, or other relevant authorities.
    • End User Responsibility: The End User shall be solely responsible for ensuring compliance with all applicable export, re-export, and import laws in connection with its access to and use of the Licensed Materials.
    • Representations: The End User represents and warrants that:
      • End User is not located in, organized under the laws of, or otherwise resident in any restricted or embargoed country; and
      • End User is not a restricted party or owned or controlled by a restricted party under applicable export control laws.
    • Termination for Breach: Any violation of this Clause shall constitute a material breach of this Agreement, entitling the Licensor to immediately terminate this Agreement without liability, and the End User shall indemnify and hold harmless the Licensor against any losses, claims, fines, or penalties arising out of such violation.

17. GOVERNING LAW AND JURISDICTION:
    • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India, including but not limited to the Information Technology Act, 2000, DPDP 2023, and other applicable statutes.
    • Jurisdiction: All disputes, claims, or differences arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts in Pune, Maharashtra, India, unless otherwise mutually agreed in writing.

18. DISPUTE RESOLUTION:
    • Parties shall first attempt to resolve any disputes amicably through mutual discussions. A written notice of dispute must be provided, and parties shall attempt resolution within 30 (thirty) days.
    • Arbitration: If disputes cannot be resolved amicably, they shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties. The arbitration proceedings shall be in English, and the venue shall be Pune, Maharashtra, India. The award of the arbitrator shall be final and binding on the parties.

19. INTERNATIONAL COMPLIANCE: In addition to compliance with the laws of India, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, the End User shall comply with all applicable export, re-export, and trade control laws, regulations, and sanctions regimes as set forth in Export Controls and International Trade Compliance. Any breach of these laws shall constitute a material breach of this Agreement.

20. NOTICES:
    • Method: All notices, requests, demands, or other communications required or permitted under this Agreement shall be in writing and delivered via: Email to the registered address of the party; or Courier or registered post; or any other method mutually agreed by the parties.
    • Effective Date of Notice: Notices shall be deemed effective: On receipt, if delivered personally or via courier; On the date of transmission, if sent by email and receipt confirmed; On the date specified in the notice, if communicated through other agreed channels.

21. FORCE MAJEURE:
    • Neither Party shall be held liable or responsible for any failure or delay in performing its obligations under this Agreement (except payment obligations of the End User) if such failure or delay is due to an event, circumstance, or cause beyond the reasonable control of the affected Party (“Force Majeure Event”). Force Majeure Events shall include, but not be limited to:
      • acts of God, natural disasters, floods, fires, earthquakes, storms, or epidemics/pandemics;
      • war, hostilities, terrorism, armed conflicts, civil commotion, riots, or sabotage;
      • governmental orders, regulations, embargoes, sanctions, or changes in law or regulatory requirements;
      • strikes, lockouts, labour disputes, or industrial disturbances (not limited to employees of the affected Party);
      • failure, outage, or interruption of telecommunication networks, internet service providers, cloud hosting services, server failures, denial-of-service attacks, or other cybersecurity incidents;
      • breakdown of third-party software, APIs, payment gateways, utilities, or essential infrastructure not under the control of the affected Party.
    • Suspension of Obligations: In the event of a Force Majeure Event The obligations of the affected Party shall be suspended for the duration of the Force Majeure Event. The affected Party shall make reasonable efforts to mitigate the impact and resume performance as soon as reasonably possible.
    • Notice Requirement: The affected Party shall promptly notify the other Party in writing (including by email) of the occurrence of a Force Majeure Event, describing the nature of the event, the obligations affected, and the estimated duration of impact.
    • Extended Force Majeure: If a Force Majeure Event continues for a period exceeding 90 (Ninety) consecutive days, either Party may, by providing written notice, terminate this Agreement without further liability, except that: Licensor shall not be required to refund any fees already paid for services or reports delivered; and all rights accrued to the Licensor up to the date of termination shall survive.
    • Exclusions: Force Majeure shall not excuse: payment obligations of the End User; or performance failures due to lack of financial resources, internal business disputes, or negligence of the affected Party.

22. END USER OBLIGATIONS:
    • Compliance with Terms: End Users must:
      • Use the Software only for lawful purposes and authorized project activities;
      • Accurately input all project data and maintain integrity of information;
      • Refrain from unauthorized attempts to access, modify, or replicate the Software;
      • Protect their account credentials and restrict access to authorized personnel.
    • Prohibited Activities: End Users shall not:
      • Reverse engineer, decompile, or create derivative works from the Software;
      • Remove or alter any proprietary notices or IP marks;
      • Distribute, rent, lease, or sublicense the Software;
      • Use the Software for illegal, unlicensed, or harmful purposes.
    • Accountability: End Users are fully responsible for all activities performed under their account and any consequences arising from misuse or negligence.

23. EFFECTS OF TERMINATION:
    • Upon termination or expiration: All license rights granted under this Agreement immediately cease. End Users shall not access, use, or reproduce the Software or Reports.
    • Retention of Data by Licensor: Licensor reserves the right to:
      • Retain project data, Reports, and analytics for internal research, benchmarking, and software improvement;
      • Continue using anonymized or aggregated data without revealing End User identities;
      • Restrict third-party access to retained data.
    • End User Obligations Upon Termination: End Users shall Delete or destroy any copies of Reports, dashboards, or downloaded content; Cease all use of Software, accounts, and Licensor IP; Comply with any post-termination obligations specified in this Agreement.

24. DATA RETENTION AND SECURITY:
    • Data Retention: Licensor shall retain End User project data for the duration of the project; Aggregated or anonymized data may be retained indefinitely for internal analytics, benchmarking, and research.
    • Data Security Measures: Licensor implements reasonable technical, administrative, and organizational safeguards, including: Secure authentication protocols; Data encryption in transit and at rest; Role-based access control and monitoring; Regular audits and security assessments.
    • End User Responsibilities End Users shall: Maintain confidentiality of credentials; Ensure authorized personnel only access project data; Promptly report any security incidents or breaches.
    • Third-Party Components: End Users acknowledge that Licensor is not responsible for security issues or compliance obligations arising from third-party components integrated with the Software.

25. SUPPORT, UPDATES AND UPGRADES:
    • Technical Support: Licensor agrees to provide Support ticket system and dedicated call line for users; Assistance for issues related to account access, data discrepancies, payment, or report downloads.
    • Updates and Upgrades: Minor updates are applied automatically; major updates will include version notes and user impact notifications; Updates and upgrades are free of charge for all licensed End Users; End Users acknowledge that updates may temporarily affect access or functionality.
    • No Warranty for Compatibility: Licensor does not warrant compatibility with all third-party devices or systems integrated with the Software; End Users are responsible for compliance and proper use with such third-party components.

26. SERVICE LEVELS, AVAILABILITY, AND MAINTENANCE:
    • Service Availability: Licensor shall use commercially reasonable efforts to make the Software available to End Users at least 99.5% of the time per calendar month, excluding:
      • scheduled maintenance;
      • emergency maintenance;
      • failures of the User’s systems, internet, or third-party services; and
      • force majeure events.
    • Support and Response: End Users may raise support requests through the ticketing system or helpline. Licensor shall use commercially reasonable efforts to respond within 72 (in words: Seventy-Two) business hours for Critical Issues (complete outage, severe data corruption, or major security vulnerability), and within 24 business hours for Non-Critical Issues (minor bugs, cosmetic issues). Resolution times are not guaranteed but shall be handled with reasonable commercial diligence.
    • Scheduled Maintenance: Licensor may perform scheduled maintenance with at least __2 ____ (in words: _Two days_____) days’ prior notice to Users. Emergency maintenance may be conducted without notice if necessary to address urgent security or system stability issues.

27. OPEN-SOURCE SOFTWARE AND THIRD-PARTY COMPONENTS:
    • The Software platform incorporates open-source components, including Laravel (backend) and React Native (mobile applications).
    • Third-Party Licenses: End Users acknowledge that these components are governed by their respective open-source licenses. End Users shall not hold Licensor liable for any obligations arising from third-party or open-source software use.
    • Integration Disclaimer: Licensor is not responsible for any third-party platform, software, device, or integration used in conjunction with the Software unless developed and licensed in-house by VK Group.
    • End User Responsibility: End Users must ensure compliance with all applicable third-party license terms and regulations when using integrated services or open-source components.

28. USER REPRESENTATIONS AND WARRANTIES: End User/s represent and warrant that:
    • User is/are at least 18 years of age and legally capable of entering into this Agreement.
    • User has/have full authority to provide project data and use the Software for their organization or project.
    • all project data, inputs, and information provided to the Software are true, accurate, and complete to the best of their knowledge.
    • End Users shall comply with all applicable laws, rules, regulations, and environmental guidelines while using the Software and Reports.
    • End Users shall not engage in activities that:
      • Violate IP rights of Licensor or third parties;
      • Compromise security, integrity, or availability of the Software;
      • Mislead, manipulate, or provide false information in Reports.

29. ACCOUNT MANAGEMENT AND TERMINATION PROCESSES:
    • Account Activation: Accounts are activated via Licensor’s admin panel following registration, expression of interest, or direct sign-up.
    • Account Types and Access: Three types of accounts exist: Super “Admin”; “Client”; and “Evaluator”. Access rights and privileges vary by account type and project subscription.
    • Termination of Accounts: Accounts may be terminated: By End User upon project completion; By Licensor for breach of EULA, misuse, or non-payment; Due to Force Majeure or discontinuation of the Software.
    • Effect of Termination: Upon termination, End Users must
      • Cease all Software use; Delete or destroy any downloaded Reports;
      • Acknowledge Licensor’s right to retain project data for internal use.

30. REPORTING ERRORS AND ISSUE RESOLUTION:
    • End Users shall report any:
      • Software errors, malfunctions, or discrepancies in Reports;
      • Issues related to payments, account access, or data integrity;
      • Unauthorized access or security breaches via the ticketing system or dedicated support line.
    • Licensor Responsibilities: Licensor shall:
      • Respond to reported issues in a timely manner; Resolve payment, access, or software issues affecting Reports;
      • Implement necessary fixes and updates without additional charge.
    • Limitations: Licensor does not guarantee resolution of all issues immediately and shall not be liable for delays or indirect losses resulting from software errors or downtime.

31. AUDIT AND COMPLIANCE RIGHTS:
    • Licensor Audit Rights: Licensor may, at reasonable intervals, audit End User accounts to: Verify compliance with licensing terms; Confirm accuracy of project data; Ensure security and authorized use of the Software.
    • End Users expressly agrees that End User/s must provide reasonable access, assistance, and documentation during audits.
    • Failure to cooperate or breaches identified during audits may lead to:
      • Suspension or termination of accounts; Legal action for contract or
      • IP violations; Restriction of Software access or functionality.

32. ANTI-CLONING AND COMPETITION CLAUSE:
    • Prohibition on Clone or Derivative Software: The End User shall not, directly or indirectly, design, develop, commission, support, or assist in the creation of any software, platform, or service that is substantially similar in functionality, design, workflow, scoring methodology, or user experience to the Software, whether or not such software uses the same source code.
    • Restriction on Competing Activities: The End User shall not, during the term of this Agreement and for a period of 02 (Two) years following its termination or expiration, engage in or participate in any business, platform, or service that competes with the Software in the same domain (environmental compliance, construction monitoring, or project reporting) without the prior written approval of the Licensor.
    • Data Migration Restriction: The End User shall not export, copy, migrate, or transfer any data, reports, analytics, or project information from the Software to any other competing or clone software, platform, or service without the express prior written consent of the Licensor.
    • Acknowledgement of Proprietary Rights: The End User acknowledges that the Software embodies the Licensor’s proprietary and confidential methodologies, scoring mechanisms, algorithms, workflows, report formats, and user interface design, which constitute trade secrets and valuable intellectual property of the Licensor, irrespective of whether they are protected by copyright, trademark, or patent law.
    • Liquidated Damages: In the event of breach of this Clause, the End User shall be liable to pay to the Licensor liquidated damages of INR ______/- (in words: Rupees ______________ Only) or 03 (Three) times the total license fees paid by the End User in the preceding 24 (Twenty-Four) months, whichever is higher, as a genuine pre-estimate of losses suffered by the Licensor.
    • Equitable Remedies: The End User agrees that a breach of this Clause will cause irreparable harm to the Licensor for which monetary compensation alone may be inadequate. Accordingly, the Licensor shall be entitled, in addition to any other rights and remedies available at law or in equity, to seek injunctive relief, specific performance, and other equitable remedies to prevent or restrain such breach, without the requirement to post any bond or demonstrate actual damages.

33. UPGRADES AND VERSION CONTROL:
    • Licensor may provide minor updates automatically through the web or mobile applications, including bug fixes, performance improvements, and security patches.
    • Major upgrades affecting functionality or user experience will be accompanied by:
      • Release notes detailing changes;
      • Notification to End Users if their data or account is impacted;
      • Version control to track software changes.
    • End Users must accept updates and upgrades as part of software use and Ensure project data and account information remain accurate and updated during upgrades.

34. USER MANUALS AND DOCUMENTATION:
    • Licensor shall provide ser manuals and resource documentation for all account types and access to materials through the Software or website.
    • End Users are permitted to use the manuals and documentation solely to understand Software functionalities and guide internal project management and reporting.
    • End Users shall not reproduce, distribute, or share manuals and documentation outside their authorized team without written consent.

35. NON-SOLICITATION:
    • The End User shall not, during the term of this Agreement and for a period of 02 (Two) years after its termination or expiration, directly or indirectly solicit, induce, divert, or attempt to solicit, induce, or divert any clients, customers, vendors, channel partners, or collaborators of the Licensor with whom the End User became acquainted through its use of the Software.
    • The End User shall not, during the term of this Agreement and for a period of 02 (Two) years after its termination or expiration, directly or indirectly solicit, induce, recruit, or attempt to solicit or induce any employee, consultant, developer, or contractor of the Licensor to terminate or reduce their relationship with the Licensor or to work for, assist, or provide services to the End User or any third part.
    • The End User acknowledges that breach of this Clause would cause irreparable harm to the Licensor, including loss of goodwill, disruption of business operations, and loss of competitive advantage, which monetary damages alone may be insufficient to remedy.

36. NOTIFICATIONS AND COMMUNICATION:
    • Licensor may communicate with End Users via: Email; In-app notifications; Updates posted on the official website.
    • Notifications may include:
      • Account activation or changes;
      • Software updates or upgrades;
      • Security alerts;
      • Important notices affecting project data or Reports.
    • End Users must maintain valid contact information and monitor notifications for timely awareness of updates, changes, or issues.

37. MAXIMUM LIABILITY AND DAMAGES SUMMARY:
    • Maximum Liability: Licensor’s total liability to End Users shall not exceed the fees paid by the End User for the specific project.
    • Excluded Damages: Licensor shall not be liable for:
      • Indirect, incidental, consequential, or special damages;
      • Loss of profits, revenue, data, or business opportunities;
      • Any issues arising from third-party integrations or open-source components.
    • End Users acknowledge that use of the Software is at their sole risk and that they are responsible for any decisions based on Reports or analytics.

38. CYBERSECURITY, DATA SECURITY, AND PROTECTION AGAINST CYBER ATTACKS:
    • End User Responsibilities: The End User shall take reasonable precautions to protect login credentials, API keys, and any other access mechanisms provided by Licensor. The End User shall not attempt to gain unauthorized access to the Software, its servers, or any other accounts, systems, or data of Licensor or other End Users. The End User shall not introduce viruses, malware, ransomware, spyware, or other malicious code into the Software environment. The End User shall comply with all applicable cybersecurity laws, regulations, and industry standards.
    • Licensor Obligations and Security Measures: Licensor maintains reasonable technical, administrative, and organizational measures to protect the Software, servers, and user data from unauthorized access, disclosure, alteration, or destruction. Licensor shall promptly notify End Users of any security incident affecting user data where required by law, including under the Digital Personal Data Protection Act, 2023 (DPDP) and applicable IT laws.
    • Limitation of Liability for Cyber Attacks: Licensor shall not be liable for any indirect, incidental, consequential, or punitive damages arising from cyber-attacks, hacking, unauthorized access, or malware, except to the extent caused by gross negligence or wilful misconduct of Licensor. End Users acknowledge that despite Licensor’s reasonable security measures, no system is entirely immune from attacks, and Licensor does not guarantee absolute security.
    • Incident Reporting: End Users shall immediately report any suspected or actual cybersecurity incident, data breach, or unauthorized access to Licensor via the provided ticketing system or helpline.

39. ASSIGNMENT AND TRANSFER:
    • Assignment by Licensor: Licensor may assign, transfer, or sublicense its rights and obligations under this Agreement, wholly or partly, to any affiliate or successor entity.
    • Assignment by End User: End Users shall not assign, transfer, or sublicense their license rights or obligations without prior written consent from Licensor.
    • Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

40. SEVERABILITY: If any provision of this Agreement is held invalid, illegal, or unenforceable by a competent authority, the remaining provisions shall continue to be valid and enforceable. The parties shall negotiate in good faith to replace any invalid or unenforceable provision with a valid provision that achieves the original purpose as closely as possible.

41. ENTIRE AGREEMENT: This Agreement, including all schedules, annexures, proposals, purchase orders, and documents referenced herein, constitutes the entire agreement between the parties and supersedes all prior agreements, communications, and understandings, whether oral or written.

42. AMENDMENTS: Licensor reserves the right to update, amend, or modify this Agreement at any time. Updates or amendments shall be communicated via the Software platform or registered email, and continued use of the Software after such updates constitutes acceptance by the End User. No oral or implied amendments shall be valid unless confirmed in writing by Licensor.

43. NO WAIVER: Failure by Licensor to enforce any provision shall not constitute a waiver of its rights to enforce such provision or any other provision of this Agreement in the future.

44. SIGNATURE, ACCEPTANCE AND EXECUTION:
    • By registering for the Software or accessing any part of the platform, End Users acknowledge and accept all terms of this Agreement electronically.
    • This Agreement constitutes a legally binding contract between Licensor (VK Group) and End Users, enforceable under applicable laws.
    • This Agreement may be executed in electronic form or in counterparts, each of which shall be deemed an original, and all of which constitute one and the same instrument.
    • End Users acknowledge that they have read, understood, and agreed to all clauses, including disclaimers, limitations, and licensing restrictions.

45. CONTACT INFORMATION: In case of any feedback/complaints/queries relating to this EULA, the Licensee and/or User may please contact the Licensor by email id: support@greenscoreapp.com.

By using Greenscore, the End User acknowledges their commitment to responsible and ethical use of the Software.

*End of the EULA*