Last updated on 14 October 2025
IMPORTANT: Please read these Terms and Conditions ("Agreement") carefully. This Agreement is a legally binding contract between you ("Customer") and A RealtimeTech ("ART"), which governs your use of ART's platform and related services.
This Agreement is supplemented by region-specific policies, which are incorporated by reference and form an integral part of this Agreement. These policies ensure compliance with local laws and regulations, and will apply to you based on your location and the services you use.
By Sigining up with ART, accessing or using the services provided by ART, or by executing a separate order form that incorporates these terms, you ("Customer") acknowledge and agree, on behalf of yourself and/or the legal entity you represent, to be legally bound by this Agreement.
ART reserves the right to modify, update, or enhance its services and products at any time, at its sole discretion. These changes may include adding or removing features, functionalities, or services. ART will use commercially reasonable efforts to provide you with notice of any material changes. Your continued use of the services after such changes are implemented constitutes your acceptance of the new services and products.
"Affiliate" means any person or company that either controls, is controlled by, or is under shared control with another company, and this control comes from owning 50% or more of the voting rights or shares.
"Authorized User" means the Customer’s employees, contractors, or consultants who are authorized by the Customer to access and use the ART Services in accordance with this Agreement. The Customer is responsible for ensuring that all Authorized Users comply with the terms of this Agreement and shall be held liable for any breach of these terms by its Authorized Users.
"Customer Data" means any data or content that is published, uploaded, submitted, or otherwise transmitted by the Customer, its Authorized Users, or end users to the ART Services.
"Customer Software" means any object code or source code software provided by the Customer that is used to access or interact with the ART Services.
"Documentation" means ART’s usage guidelines and standard technical documentation for the ART Services or products, as updated by ART from time to time.
"Dashboard" means ART’s password-protected user portal available at https://www.arealtimetech.com/dashboard, which enables users to manage account settings, place service orders, configure connections, and view usage analytics.
"ART Pricing Page" means the ART web page located at www.arealtimetech.com/pricing, which outlines the pricing details and available plans for ART services.
"ART Services" refers to the suite of products and services offered by ART, as outlined in the Documentation and including any updates or enhancements made periodically by ART.
"Service Period" designates the duration of service provision, typically one (1) month, including any subsequent renewal periods.
"Service Level Agreement" refers to the formal agreement that defines the performance and availability standards for the ART Services.
"Support Service" describes the customer support and maintenance services provided by ART
All notices under this Agreement must be in writing and will be deemed given:
when delivered personally;
when sent by confirmed email (i.e., no delivery failure notification received); or
three (3) business days after being sent by certified or registered mail, return receipt requested.
Each party is responsible for maintaining current and accurate contact information for notice purposes.
To ART: support@aiotrix.com
To Customer:The email associated with the Customer’s account.
Subject to timely payment of all applicable fees and adherence to the terms of this Agreement, ART hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the ART Services solely for the duration of the purchased Service Period.
ART functions strictly as a network transport provider and does not retain or store any Customer Data on behalf of its clients. We do not actively monitor, filter, or inspect Customer Data transmitted by Customer or their end users, except when ART reasonably suspects or identifies usage of the Services that violates this Agreement or the applicable Documentation.
Except where explicitly stated in this Agreement, the license granted herein does not authorize the Customer, its Authorized Users, or any third party whether directly or indirectly, in whole or in part to:
Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the ART Services or ART Software, or create any derivative works based on them;
Sublicense, distribute, sell, or otherwise transfer the ART Services or ART Software to any third party;
Use, access, or reproduce any part of the ART Services or ART Software to develop or support a product or service that competes with ART;
Lease, rent, share commercially, or use the ART Services or ART Software to offer service bureau, third-party hosting, application, or managed services;
Remove, alter, or obscure any proprietary notices, including trademarks, copyrights, or patents, or use any name, logo, or mark of ART, its affiliates, licensors, or their products and services, except as explicitly allowed by this Agreement or with ART’s prior written consent;
Create multiple free ART accounts to circumvent payment obligations once free usage limits are exceeded.
Disclose or publish any performance metrics, capacity statistics, or results from benchmark tests involving the ART Services or ART Software without prior written consent from ART;
Conduct load testing or stress testing on the ART Services without obtaining prior written approval and coordinating with ART;
Utilize the ART Services or ART Software in any activity that could cause physical harm, death, or tangible/intangible property damage;
Attempt to gain unauthorized access to the ART Services, ART Software, associated systems, or networks, including access to data belonging to other ART customers;
Use the ART Services or ART Software, including the transmission of Customer Data, in any way that violates applicable laws, regulations, or government requirements at the federal, state, local, or international level;
Interfere with, disrupt, or compromise the integrity, security, or performance of the ART Services (including third-party data hosted thereon) or the ART Software; and/or
Misuse, abuse, or engage in any conduct with the ART Services or ART Software that disrupts the Services or violates the terms of this Agreement.
ART may, at its sole discretion, terminate this Agreement if it suspects that the ART Services are being misused, abused, or used intentionally or unintentionally in a manner that contradicts the terms of this Agreement by the Customer, its Authorized Users, end users, or any third parties acting on the Customer’s behalf. ART also reserves the right to block any Customer Data or deactivate any Customer account, without liability, if such actions are found to be in violation of this Agreement.
As a user of ART’s services and products, the Customer agrees to the following responsibilities:
The Customer shall ensure that each username and password issued is used solely by an Authorized User. The Customer remains fully responsible for all activities conducted under these credentials.
The customer shall be responsible for maintaining the confidentiality of login credentials and only allow authorized users to use its account.
They should ensure all the authorized users are bound by the terms and conditions agreement.
The customer is responsible for notifying the ART, if it becomes aware or suspected unauthorized use of their account, usernames or passwords. This includes breach or suspected breach of security related to ART services. ART is not liable or responsible for any damages caused by an unauthorized use of customer or its authorized user’s accounts, usernames or passwords;
The Customer is solely responsible for the accuracy, quality, integrity, and legality of all Customer Data and for ensuring that such data is collected and used in compliance with applicable laws. This responsibility includes obtaining all necessary rights, consents, and authorizations to use, store, and transmit Customer Data via the ART Services. The Customer retains full ownership and control over the data it uploads or transmits and acknowledges that ART does not monitor, review, filter, or control Customer Data in the course of delivering its services.
The Customer bears full responsibility for handling and responding to any claims or notifications from third parties alleging that Customer Data related to the ART Services infringes upon their rights. This obligation includes, but is not limited to, adherence to notices under the Digital Millennium Copyright Act (DMCA) or any comparable laws.
The Customer retains full ownership and control of all Customer Data, including any personal data, that is transmitted through or processed by ART Services, which acts solely as a service provider. The Customer agrees to use these services at their sole discretion and shall remain solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of such data. Furthermore, the Customer represents and warrants that it holds all necessary rights, including but not limited to intellectual property rights and usage rights, required to lawfully use, store, and transmit Customer Data through ART Services.
Customer grants ART a non-exclusive, worldwide, royalty-free license to use, process, and transmit Customer Data solely as necessary to provide the ART Services as described in this Agreement. Customer retains all ownership rights in its Customer Data. ART will process Customer Data only as permitted under this Agreement and in accordance with applicable data protection laws.
Term: The term of this Agreement begins upon your acceptance and will automatically renew for subsequent service periods unless terminated earlier, as explicitly provided in this section.
Termination by Either Party:
By Customer: You may terminate this Agreement by providing written notice to ART at least fifteen (15) days before the end of the then-current Service Period ('Cancellation Window'). If notice is provided after this window, the Agreement will automatically renew for a subsequent service period, and your termination will take effect at the end of that additional period.
By ART: ART may terminate this Agreement and any Service Period by providing you with thirty (30) days written notice.
Termination for Breach & Suspension
Termination for Breach: Either party may terminate this Agreement by providing written notice if the other party materially breaches any term and fails to cure that breach within thirty (30) days of receiving notice. If the breach is not curable, the non-breaching party may terminate the Agreement immediately upon written notice.
Suspension of Services: ART reserves the right to suspend or restrict your access to the services immediately and without a cure period if:
You fail to make any pending payments within the grace period of 45 days.
Your account or use of the services poses a security risk to ART or any third party.
Your account or use of the services violates any of the policies, laws, or regulations referenced in this Agreement.
Termination for free services: For any free-of-charge services provided by ART, we may terminate the Agreement immediately and without prior notice.
Effect of Termination: Upon the expiration or termination of this Agreement for any reason, the following will apply:
The Service Period will end, all license rights to use ART Services will cease, and ART will discontinue the provision of its services.
You remain responsible for all unpaid fees incurred through the termination date.
You are also responsible for all committed fees for the remainder of the current Service Period, which are necessary to cover allocated infrastructure costs.
You must immediately cease all use of ART Services. You remain responsible for any usage and associated charges resulting from continued access or API calls to ART Services after termination, regardless of whether access credentials remain active.
To prevent inadvertent usage charges, ART will disable your access within [24-48] hours of the termination date.
Customer acknowledges and agrees that all rights, title, and interest in and to the ART Services, ART trademarks, and all associated intellectual property and proprietary rights including any modifications, enhancements, derivative works, or feedback provided in connection with the ART Services are and shall remain the exclusive property of ART, its affiliates, or its licensors. Except for the limited rights expressly granted under this Agreement, no rights are granted to the Customer, and ART reserves all rights not expressly granted herein.
During the term of this Agreement, and subject to the Customer’s prior consent, ART may identify the Customer as a user of the ART Services and may use the Customer’s name, and logo in its marketing materials, website, and customer lists.
Authorized resellers may market and sell ART Services under their own branding only with prior written approval from ART and in accordance with a separate Reseller Agreement. ART retains all rights to its Services and intellectual property, while resellers remain responsible for their end users, including compliance with applicable laws, data protection, and support obligations. ART may revoke reseller rights at any time in cases of breach, misuse, or non-payment.
Fees
ART service fees will be disclosed directly with the customer once the interested party contacts the ART services sales for pricing information.
Payment
The Customer shall make an upfront payment at the commencement of the initial Service Term. Access to the ART Services, including the Admin Console, will be granted only upon receipt of this initial payment.
For subsequent Service Terms, the Customer may opt for either auto-renewal or manual renewal of the services. Any additional charges incurred beyond the base price during the previous month will be calculated and included with the upcoming term’s base price. A consolidated invoice covering both amounts will be issued at the start of the new Service Term.
The Customer shall have a grace period of fifteen (15) days from the invoice date to settle the outstanding payment. Failure to make the payment within this period may result in termination of the Agreement and suspension of ART Services, at ART’s sole discretion.
Billing contact
ART will issue and send billing invoices to the email address associated with the Customer’s registered account or to the email address explicitly specified by the Customer within the ART Admin Console.
Payment Disputes
If the Customer disputes any portion of the fees in good faith, they must notify ART in writing without delay, providing clear details of the disputed charges. The Customer is required to pay all undisputed fees on time and in full. Partial payments will not be accepted in lieu of full payment of undisputed amounts and will not be considered a waiver of any outstanding dues. Failure to settle undisputed fees within the specified timeline will be treated as a material breach of this Agreement. ART reserves the right to suspend access to its services with ten (10) business days’ prior notice and may require advance payment before resuming services. The Customer is not permitted to offset, withhold, or deduct any amount due under this Agreement.
Taxes
All fees charged by ART are exclusive of any applicable taxes. The Customer is solely responsible for all taxes associated with the services, including but not limited to sales tax, use tax, VAT, GST, consumption tax, withholding tax, excise tax, or any other similar federal, state, or local government-imposed taxes arising in connection with payments made under this Agreement.
Refunds
ART does not provide refunds unless explicitly stated otherwise in this Agreement.
ART's core policy is to not permanently store or process customer content beyond what is strictly necessary to provide the service. Any processing of customer content is temporary and for the sole purpose of delivering the requested service. For our message delivery guarantee feature, customer message data may be temporarily stored in an encrypted format to ensure successful delivery. This data is subject to a strict time-to-live (TTL) policy and is automatically purged from our systems once delivery is completed or the TTL expires. No customer messages are retained beyond this limited window. However, we do store and process customer data that is strictly necessary to provide the service (e.g., account credentials, billing details). If our data retention practices change in the future, we will update these Terms and provide a GDPR/CCPA-compliant addendum where required.
"Confidential Information" refers to any non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) in connection with this Agreement, which is either marked as confidential or would reasonably be understood as confidential based on its nature or the context of disclosure. This includes, without limitation, technical information, software, documentation, support materials, business plans, pricing, user credentials, and any proprietary or sensitive information.
Confidential Information does not include information that:
Is or becomes publicly available without breach of this Agreement;
Was lawfully known to the Receiving Party prior to disclosure;
Is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; or
Is lawfully obtained from a third party without restriction or breach of confidentiality.
All confidential information remains the exclusive property of the Disclosing Party.
Protection & Use
The Receiving Party agrees to:
Maintain the confidentiality of the Disclosing Party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no case less than reasonable care;
Use such information only for the purposes of fulfilling its obligations under this Agreement;
Limit access to such information to employees, agents, or contractors who have a need to know and are bound by confidentiality obligations substantially like this Agreement.
Compelled Disclosure
If the Receiving Party is required by law, regulation, or court order to disclose any Confidential Information, it shall (to the extent legally permitted) provide prompt written notice to the Disclosing Party to allow for the opportunity to seek a protective order or other appropriate remedy.
Breach Notification
Upon becoming aware of any unauthorized access, use, or disclosure of Confidential Information, the Receiving Party will promptly notify the Disclosing Party (subject to any legal limitations) and take all reasonable steps to contain and mitigate any further unauthorized access or disclosure.
Remedies
Each party acknowledges that any unauthorized disclosure or use of Confidential Information may cause irreparable harm for which monetary damages may be inadequate. Accordingly, the Disclosing Party shall be entitled to seek immediate injunctive or equitable relief without the necessity of posting a bond, in addition to any other remedies available under law or in equity.
Limited Warranty
ART warrants that it has full legal authority to enter into this Agreement and provide the ART Services to the Customer in accordance with the terms outlined herein.
Disclaimer of Warranties
Except for the limited warranty stated above, the ART Services and any related software or support are provided “as is” and “as available.” ART does not make any other express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the services will be error-free, uninterrupted, or meet Customer’s specific requirements.
Customer Warranties
Customer represents and warrants that:
It has the legal right and authority to enter into this Agreement.
It will use the ART Services in compliance with all applicable laws and regulations.
Any data or content submitted by the Customer will not violate third-party rights, including intellectual property or privacy rights.
Customer will not misuse the ART Services, attempt to bypass security controls, or introduce harmful code or content.
ART reserves the right to suspend access to the ART Services if the Customer is found in violation of these warranties.
Limitations of Liability
Except for liability that cannot be limited under applicable law, ART’s total aggregate liability for all claims arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by Customer for the Services in the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall ART be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, lost profits, lost data, or business interruption, even if advised of the possibility of such damages.
ART’s Exclusive Remedies
If any portion of ART’s services or software becomes, or in ART’s reasonable judgment is likely to become, the subject of a third-party intellectual property infringement claim, ART may, at its sole discretion and expense:
Replace the affected service or software with a non-infringing equivalent that maintains materially the same functionality;
Modify the service or software to avoid infringement, without materially degrading performance;
Obtain a license permitting continued use by the Customer.
If a court issues an injunction preventing the Customer from using the affected service or software, or if none of the remedies above are available on commercially reasonable terms, ART may direct the Customer to stop using the affected component. In such cases, ART will refund the pro-rata portion of any prepaid fees for the remaining unused service term related to the infringing component.
If a court issues an injunction preventing the Customer from using the affected service or software, or if none of the remedies above are available on commercially reasonable terms, ART may direct the Customer to stop using the affected component. In such cases, ART will refund the pro-rata portion of any prepaid fees for the remaining unused service term related to the infringing component.
Customer’s Indemnification Obligations
The Customer agrees that its use of ART’s Platform and Services, and any content or data it submits (“Customer Data”), shall not:
Infringe any third party’s intellectual property, proprietary, or privacy rights;
Violate any applicable law or regulation, including export controls or consumer protection laws;
Contain or promote defamatory, harassing, illegal, or offensive content.
The Customer agrees to indemnify, defend, and hold harmless ART, its affiliates, officers, and employees from and against any third-party claims, damages, liabilities, and costs (including reasonable legal fees) arising from:
A breach of the obligations outlined in (a)–(c).
A breach of any warranties or representations made by the Customer under this Agreement.
Unauthorized modifications or misuse of the ART Platform or Services.
ART will promptly notify the Customer in writing of any such claim and will provide reasonable cooperation at the Customer’s expense. The Customer shall have sole control over the defence and settlement of the claim, although ART will provide reasonable assistance to Customer in connection with the foregoing at Customer's request and expense.
Service Level Agreement
ART will use commercially reasonable efforts to maintain a Monthly Uptime Percentage of 99.9% for its platform services, excluding periods of planned maintenance.
If ART does not meet this target in a given calendar month, affected customers may be eligible for service credits based on the severity and duration of the service disruption.
| Monthly Uptime Percentage = (Total Minutes in the Month - Downtime Minutes) / Total Minutes in the Month × 100 |
Downtime is defined as periods during which the platform is inaccessible due to ART-controlled failures. This does not include:
Planned maintenance windows
Events beyond ART’s control (e.g., natural disasters, third-party outages, denial-of-service attacks)
Issues arising from customer-side applications, integrations, or configurations
If ART needs to conduct Scheduled Maintenance, ART will:
provide Customer with at least 72 hours’ advance notice via email, admin console or website of any Scheduled Maintenance affecting the ART Services; and
use commercially reasonable efforts to minimize the duration and impact of such Scheduled Maintenance.
Support Agreement
ART provides standard support via email and support portal at no additional cost. The following terms apply to ART’s support services:
Scope of Support Services
Support Services cover the ART platform and associated software only. These include assistance with:
Operational use of the ART platform
Suspected issues or bugs
Identifying and verifying issues
Workarounds where feasible
General guidance on features and capabilities
Issue Classification
Issues will be internally categorized by ART as:
Critical – Affecting major functionality or production downtime
Urgent – Affecting limited users or functions
Development – Affecting development or staging environments
Support Process
ART will use commercially reasonable efforts to respond to support requests based on the classification of the issue, as outlined below:
Critical: Response within 24 business hours
Urgent: Response within 24–48 business hours
Development: Response in more than 48 business hours
The support process will follow these steps:
Acknowledge the reported issue according to its classification
Qualify and analyse the reported problem
Provide guidance, workarounds, or resolutions where applicable
Customer Responsibilities
To receive support, the Customer must:
Use the current release of ART software
Provide accurate issue descriptions and cooperate during troubleshooting
Ensure support requests are made by trained users or authorized personnel
Grant ART reasonable access to relevant environments if required for troubleshooting
Support Exclusions
Support Services do not include:
Installation, hardware, or OS-level support
Issues caused by external factors (e.g., power outages, third-party tools)
Custom or significantly altered versions of ART software
Non-standard environments or improper use
Limitations
Support is provided only for the current release
ART does not provide support to end users of the Customer’s application
Support may involve recommendations to upgrade or update software
Entire Agreement
This Agreement, including all schedules, exhibits, and attachments, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, proposals, negotiations, or agreements, whether oral or written. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. No failure or delay by either party in exercising any right or remedy shall constitute a waiver thereof.
Right to Amend
ART reserves the right to modify this Agreement to reflect updates or enhancements to the Services, provided such changes do not materially diminish ART’s obligations during the applicable Service Period. For material changes, ART shall notify the Customer of the updated terms, which shall be made available for review and acceptance. The Customer will be provided at least seven (7) days to accept the revised terms. Continued use of the Services after this period shall constitute acceptance of the updated Agreement.
Assignment
Customers may not assign or transfer this Agreement or any of its rights or obligations, by operation of law or otherwise, without the prior written consent of ART. Any attempted assignment in violation of this clause shall be void and result in automatic termination of this Agreement. ART may assign this Agreement without the Customer’s consent. Subject to the foregoing, this Agreement shall bind and benefit the parties, their successors, and permitted assigns.
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (except for payment obligations) due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, pandemics, terrorism, war, labour disputes, utility failures, or internet outages.
Export Compliance
Customer acknowledges that the Services and related software and documentation may be subject to export control laws and regulations of various jurisdictions. Customers agree to comply with all applicable export and import laws and shall not export, re-export, or transfer any part of the Services or software in violation of any such laws or regulations.
Survival
Any provisions of this Agreement that by their nature are intended to survive termination or expiration, including but not limited to those relating to confidentiality, payment, limitation of liability, and indemnification, shall remain in full force and effect.
Compliance with Laws
Customer shall comply with all applicable laws, rules, and regulations, including anti-bribery, anti-corruption, and anti-money laundering laws. This includes, without limitation:
| Country | Laws |
|---|---|
| India | Prevention of Corruption Act, 1988, and other relevant local laws; |
| United States | Foreign Corrupt Practices Act (FCPA); |
| United Kingdom | Bribery Act 2010; |
| Other jurisdictions | Any other applicable local anti-bribery, anti-corruption, or similar laws. |
Customer represents and warrants that it will not engage in any activity that would violate such laws in connection with this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement.
Governing Law and Jurisdiction
These Terms are governed by the laws of India, and any disputes shall be subject to the exclusive jurisdiction of the courts of [Mangalore, Karnataka], India.
Relationship of the Parties
Nothing in this Agreement shall be construed to create a partnership, agency, joint venture, or employment relationship between the parties. Neither party is authorized to make representations or obligations on behalf of the other.
Waiver and Headings
No waiver of any provision or right under this Agreement shall be effective unless in writing and signed by an authorized representative of the waiving party. Section headings are provided for convenience only and shall not affect the interpretation of this Agreement.