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Last Updated: January 2026

Terms & Conditions

Please read these Terms carefully before using Rackwave Technologies' website or engaging our services. By accessing our site or entering into a service agreement, you agree to these terms.

Important: By using rackwave.io or engaging Rackwave Technologies for services, you agree to be bound by these Terms & Conditions. If you do not agree, please do not use our website or services.

1. Acceptance of Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Client", "User", or "you") and Rackwave Technologies Private Limited ("Rackwave", "we", "us", or "our"), governing your use of our website at rackwave.io and all related services, products, and engagements.

By accessing our website, submitting an enquiry, placing an order, or entering into a Statement of Work (SOW) or service agreement with us, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Our Services

Rackwave Technologies provides technology consulting and implementation services including but not limited to:

  • CRM consulting and implementation (Salesforce, HubSpot, Marketo, Braze, Klaviyo, SFMC, and others)
  • System integration and API development
  • Cloud solutions and infrastructure management
  • Data analytics and business intelligence
  • Digital transformation consulting
  • DevOps and IT infrastructure services
  • Software products including Migomail, CRMWave, DeskWave, LMSWave, and EVWave

The specific services, deliverables, timelines, and fees for each engagement are defined in a separate Statement of Work (SOW), proposal, or service agreement, which supplements and incorporates these Terms.

3. Eligibility

To use our services, you must:

  • Be at least 18 years of age
  • Have the legal authority to enter into contracts in your jurisdiction
  • Not be prohibited from receiving our services under applicable law
  • Provide accurate and complete information when submitting enquiries or entering agreements

We reserve the right to refuse service to anyone at our discretion, including where we determine that a prospective engagement conflicts with our values, policies, or applicable regulations.

4. User Accounts & Platform Access

If you are provided access to any Rackwave platform, product dashboard, or client portal, you agree to:

  • Keep your login credentials confidential and not share them with others
  • Immediately notify us of any suspected unauthorised access to your account
  • Accept responsibility for all activity that occurs under your account
  • Not use the account for any unlawful purpose or in violation of these Terms

We reserve the right to suspend or terminate access to any account that violates these Terms or poses a security risk.

5. Intellectual Property

Our Intellectual Property: All content on rackwave.io — including text, graphics, logos, images, software code, and service descriptions — is the property of Rackwave Technologies or our licensors, protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.

Client Deliverables: Subject to full payment of all fees, and unless otherwise stated in the applicable SOW, ownership of custom-developed deliverables created specifically for a client project will transfer to the client upon completion. Rackwave retains ownership of all pre-existing tools, frameworks, methodologies, and general-purpose code.

Feedback: Any feedback, suggestions, or ideas you provide to us may be used by Rackwave without restriction or compensation.

Pre-built components, integrations, templates, and reusable frameworks created by Rackwave remain our intellectual property even when deployed in client environments.

6. Confidentiality

Both parties agree to maintain the confidentiality of all non-public information disclosed during the course of an engagement ("Confidential Information"). This includes business plans, technical specifications, customer data, pricing, and trade secrets.

  • Confidential Information will be used solely for the purpose of the engagement
  • Each party will protect Confidential Information using at least the same care used for its own similar information
  • These obligations survive termination of the engagement for a period of 3 years

Exceptions apply to information that is publicly available, independently developed, or required to be disclosed by law.

Where required, we are happy to execute a separate Non-Disclosure Agreement (NDA) prior to project commencement.

7. Fees & Payment

  • Fees are as agreed in the applicable SOW, proposal, or service agreement
  • Unless otherwise agreed, invoices are due within 15 days of issue
  • Late payments may incur interest at 2% per month on the outstanding balance
  • All fees are exclusive of applicable taxes (GST/VAT/withholding taxes)
  • Rackwave may suspend services for accounts with overdue payments exceeding 30 days
  • Refunds are only provided where explicitly stated in the applicable agreement or where required by law
Expenses (travel, third-party licenses, platform fees) incurred on behalf of the client will be billed at cost unless included in the project price.

8. Warranties & Representations

Rackwave Warrants:

  • Services will be performed with reasonable skill and care by qualified professionals
  • We have the authority to enter into agreements and provide the services described
  • We will comply with applicable laws in the performance of our services

Client Warrants:

  • All information provided to Rackwave is accurate, complete, and not misleading
  • Client has all necessary rights to any data, systems, or third-party materials provided to Rackwave
  • Client will cooperate and provide timely access, approvals, and feedback required for project delivery

Disclaimer: Except as expressly stated, services are provided "as is" without warranty of any kind. We do not guarantee specific business outcomes, revenue increases, or system performance metrics unless explicitly defined in an SOW.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Rackwave's total aggregate liability for any claim arising under or related to these Terms or any engagement shall not exceed the total fees paid by you to Rackwave in the 3 months immediately preceding the event giving rise to the claim
  • Rackwave will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
  • These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise)
Note: Some jurisdictions do not allow limitations on implied warranties or certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Rackwave Technologies and its directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your breach of these Terms or any applicable law
  • Your use of our services in an unlawful or unauthorised manner
  • Any third-party claim arising from data, content, or systems you provide to us
  • Your negligence or wilful misconduct

11. Termination

By Either Party: Either party may terminate an engagement by providing written notice as specified in the applicable SOW (typically 30 days). Termination does not relieve either party of obligations incurred prior to termination.

Immediate Termination: We may terminate or suspend access to our services immediately and without notice if:

  • You materially breach these Terms and fail to remedy the breach within 7 days of notice
  • You engage in fraudulent, abusive, or illegal activity
  • Payment is overdue by more than 30 days

Effect of Termination: Upon termination, all rights granted under these Terms cease. You must return or destroy any Rackwave Confidential Information. Outstanding fees remain payable.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. For clients located in the European Union or United Kingdom, mandatory local consumer protection laws continue to apply.

13. Dispute Resolution

We encourage you to contact us first to resolve any disputes informally. If a dispute cannot be resolved informally within 30 days:

  • Disputes will be referred to binding arbitration under the rules of the Indian Arbitration and Conciliation Act, 1996
  • The arbitration will be conducted in English
  • The seat of arbitration will be Jaipur, Rajasthan, India
  • The decision of the arbitrator shall be final and binding

Notwithstanding the above, either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm.

14. General Provisions

  • Entire Agreement: These Terms, together with any applicable SOW or service agreement, constitute the entire agreement between the parties
  • Amendments: We may update these Terms at any time. Changes take effect upon posting to our website. Continued use constitutes acceptance
  • Severability: If any provision is found unenforceable, the remaining provisions continue in full force
  • Waiver: Failure to enforce any provision does not constitute a waiver of that right
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent
  • Force Majeure: Neither party shall be liable for delays caused by circumstances beyond reasonable control, including acts of God, government actions, pandemics, or internet outages
  • Notices: All legal notices must be in writing and sent to the addresses specified in the applicable service agreement

15. Contact Us

For questions about these Terms & Conditions, please contact our legal team:

Legal Email
legal@rackwave.io
General Contact
hello@rackwave.io
Registered Address
Rackwave Technologies Pvt. Ltd.
Jaipur, Rajasthan, India