Terms and Conditions of Service

Nature of Service

DataWarp X is an on-premise, air-gapped forensic data analytics tool designed for banking, insurance, and government sectors.

• Not a Financial Advisor: The Software provides statistical analysis and anomaly detection. It does not provide financial, legal, or accounting advice.
• Tool, Not Auditor: The Software detects patterns based on user-defined parameters. The Client acknowledges that the final determination of "Fraud" or "Non-Compliance" rests solely with the Client’s human auditors.

License Grant

Upon full payment of applicable fees, we grant the Client a non-exclusive, non-transferable, perpetual (or subscription-based), revocable license to install and execute the Software object code on Client-owned hardware.

2.1. Restrictions (The "No Reverse Engineering" Clause)

The Client shall not, and shall not permit any third party to:

• Decompile, disassemble, or reverse engineer the Software (specifically the Python/Rust binaries).
• Use the Software to build a competitive product.
• Rent, lease, or lend the Software to third parties (Service Bureau usage) without an Enterprise Partner License.
• Bypass the licensing mechanism (License Key / Time-Lock).

Data Sovereignty & Responsibility

3.1. The Air-Gap Protocol

The Company warrants that the Software is engineered to be Air-Gapped, meaning it has no capability to transmit data to the Company.

• Client Custody: You acknowledge that you retain sole custody of your data at all times.
• No Backups: The Company cannot recover lost passwords, encrypted project files (.warp), or deleted data, as we possess no remote access to your systems.

3.2. Data Integrity

While the Software utilizes industry-standard algorithms (e.g., Benford’s Law, Graph Theory), the Company does not guarantee that the Software will detect 100% of all fraudulent activities (Zero False Negatives) or that all flagged items are fraudulent (Zero False Positives).

Intellectual Property

• Ownership: The Software, including its source code, algorithms ("Ghost Hunter", "The Spider"), architecture, and documentation, remains the exclusive Intellectual Property of DataWarp.
• Client Data: The Client retains full ownership of all data imported into the Software and all reports/scripts (audit.py) generated by it.

Disclaimer of Warranties ("As Is")

Limitation of Liability

This is a material condition of our agreement. In no event shall DataWarp be liable for:

• Indirect Damages: Loss of profits, business interruption, or reputational harm arising from the use of the Software.
• Operational Decisions: Any financial loss incurred by the Bank/Client due to decisions made based on the Software’s analysis.
• Cap on Liability: Our total cumulative liability for any claims arising out of this agreement shall not exceed the total fees paid by the Client for the Software license during the 12 months preceding the claim.

Export Control & Sanctions

The Client represents that they are not located in, or a national of, any country subject to sanctions by the UN, US (OFAC), or local jurisdictions that would prohibit the export of forensic software. The Client agrees not to use the Software for any purpose prohibited by applicable law.

Payment & Refunds

• B2B Sales: All sales to business entities are final. We do not offer "cooling-off" refunds once the License Key has been issued, due to the non-returnable nature of the software.
• Taxes: Prices are exclusive of VAT/GST/WHT. The Client is responsible for all applicable taxes in their jurisdiction.

Governing Law & Dispute Resolution

• Jurisdiction: These Terms shall be governed by the laws of India (or Singapore, upon future incorporation).
• Arbitration: Any dispute shall be resolved through binding arbitration. The seat of arbitration shall be Guwahati, India.