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SaaS Agreement & Terms of Service

Last updated: January 1, 2025

Comprehensive Software as a Service agreement governing the use of SuperApp's multi-vertical marketplace platform.

Agreement Overview

Effective Date: This Software as a Service Agreement ("Agreement") is effective as of the date you first access or use the SuperApp platform ("Effective Date") and governs your use of our multi-vertical marketplace platform.

This Agreement is entered into between Devkart Technologies LLP ("SuperApp," "we," "us," or "our") and the entity or person agreeing to these terms ("Client," "you," or "your"). By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Key Agreement Components:

  • Service description and platform capabilities
  • Pricing structure and payment terms
  • Data protection and security measures
  • Service availability and support commitments
  • Client responsibilities and usage guidelines
  • Intellectual property rights and licensing
  • Limitation of liability and dispute resolution

Service Description

Platform Services

SuperApp provides a comprehensive Software as a Service (SaaS) platform that enables clients to operate multi-vertical marketplaces. Our platform includes:

Core Platform Features

  • White-label mobile and web applications
  • Multi-vertical business support
  • Order management system
  • Payment processing integration
  • Real-time analytics dashboard

Business Modules

  • Food & Restaurant ordering
  • Retail store management
  • Supermarket operations
  • Additional modules as released
  • Custom integrations (Enterprise)

Service Availability: Our platform runs on high-availability Google Cloud infrastructure, and we use commercially reasonable efforts to maximize uptime. Scheduled maintenance windows are communicated at least 48 hours in advance and typically occur during low-traffic periods.

Pricing and Payment Terms

Pricing Structure

SuperApp operates on a transparent per-order pricing model with predictable monthly minimums:

Pricing Tiers

  • Starter Plan: $0.25 per order — Monthly minimum: $200
  • Growth Plan: $0.15 per order — Monthly minimum: $500
  • Enterprise Plan: $0.10 per order — Monthly minimum: $2,000

Payment Terms

  • Monthly billing cycle with automatic payment processing
  • 14-day free trial period with no payment required
  • Monthly minimums apply after trial period ends
  • Setup fee of $500 for branded app deployment (one-time)
  • Late payment fees: 1.5% per month on overdue amounts
  • All prices are in USD and exclude applicable taxes

Payment Processing: Failure to pay invoices within 30 days may result in service suspension. We will provide 7 days written notice before any suspension of services.

Data Protection and Security

Data Security Measures

SuperApp implements enterprise-grade security measures to protect client and customer data:

Technical Safeguards

  • AES-256 encryption for data at rest
  • TLS 1.3 encryption for data in transit
  • Multi-factor authentication (MFA)
  • Regular security audits and penetration testing
  • GDPR and CCPA compliance measures

Operational Security

  • 24/7 security monitoring and incident response
  • Regular automated backups with 30-day retention
  • Access controls and role-based permissions
  • Employee background checks and training
  • Secure development lifecycle practices
  • Third-party security certifications

Data Processing and Privacy

  • Client retains ownership of all customer and business data
  • Data processing occurs only as necessary to provide services
  • No data sharing with third parties without explicit consent
  • Data portability and deletion rights upon request
  • Separate Data Processing Agreement (DPA) available
  • Regular privacy impact assessments

Data Breach Notification: In the unlikely event of a data breach, we will notify affected clients within 72 hours and provide detailed incident reports and remediation steps.

Service Level Agreement (SLA)

Service Availability

SuperApp uses commercially reasonable efforts to keep the platform continuously available, running on high-availability Google Cloud infrastructure with proactive monitoring.

Excluded Downtime:

  • Scheduled maintenance (with 48h notice)
  • Client-caused outages
  • Force majeure events
  • Third-party service failures

Support Response Times

  • Critical Issues: 1 hour — Platform down or major functionality impaired
  • High Priority: 4 hours — Significant feature issues affecting operations
  • Standard Issues: 24 hours — General questions and minor issues

Client Responsibilities

Usage Guidelines

To ensure optimal platform performance and security, clients agree to:

Acceptable Use

  • Use platform only for legitimate business purposes
  • Comply with all applicable laws and regulations
  • Maintain accurate account and business information
  • Protect login credentials and access controls
  • Report security incidents promptly

Prohibited Activities

  • Attempting to breach platform security
  • Reverse engineering or copying platform code
  • Using platform for illegal or harmful activities
  • Excessive API calls or system abuse
  • Sharing access credentials with unauthorized parties

Compliance Requirements: Clients operating in regulated industries (food service, healthcare, finance) are responsible for ensuring their use of the platform complies with industry-specific regulations and obtaining necessary licenses.

Intellectual Property Rights

Platform Ownership

SuperApp retains all rights, title, and interest in the platform, including:

  • Software code, algorithms, and technical architecture
  • Platform features, functionality, and user interfaces
  • Documentation, training materials, and support resources
  • Trademarks, logos, and brand elements (excluding client brands)
  • Aggregated and anonymized usage data and analytics

Client Data and Content

Clients retain full ownership of their data and content, including:

  • Customer information and order data
  • Business content, menus, and product catalogs
  • Brand elements, logos, and marketing materials
  • Custom configurations and business rules
  • Analytics and reporting data specific to their business

License Grant

SuperApp grants clients a non-exclusive, non-transferable license to use the platform during the term of this agreement, subject to the terms and conditions herein.

Limitation of Liability

Liability Limitations

Maximum Liability: SuperApp's total liability for any claims arising from this agreement shall not exceed the total amount paid by the client in the 12 months preceding the claim.

Excluded Damages

Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information (except as covered by our backup policies)
  • Business interruption or downtime costs
  • Third-party claims or damages
  • Costs of substitute services or products

Exceptions

Liability limitations do not apply to:

  • Gross negligence or willful misconduct
  • Data breaches caused by our security failures
  • Violation of intellectual property rights
  • Indemnification obligations
  • Matters that cannot be limited by applicable law

Termination and Data Handling

Termination Rights

Client Termination

  • 30-day written notice for convenience
  • Immediate termination for cause
  • No early termination fees
  • Prorated refunds for prepaid services

SuperApp Termination

  • 30-day notice for non-payment
  • Immediate termination for breach
  • 90-day notice for service discontinuation
  • Assistance with data migration

Data Handling Upon Termination

Data Retention Timeline:

  • 0-30 days: Full data access and export capabilities
  • 30-90 days: Data available upon request with reasonable notice
  • 90+ days: Data permanently deleted from all systems
  • Backup systems: Data removed within 180 days

Data Export: Clients are responsible for exporting their data before termination. We provide standard export formats and reasonable assistance during the transition period.

Contact Information and Dispute Resolution

Legal and Business Contacts

Business Inquiries

Email: [email protected]
Website: www.superapphq.com

Legal Notices

Company: Devkart Technologies LLP
Address: 106, Min Nagar, Gobichettipalayam, Tamil Nadu 638452, India
Legal Email: [email protected]

Dispute Resolution Process

  1. Direct Negotiation: Parties will attempt to resolve disputes through good faith negotiations for 30 days.
  2. Mediation: If negotiation fails, disputes will be submitted to binding mediation with a mutually agreed mediator.
  3. Arbitration: Final disputes will be resolved through binding arbitration under the rules of the applicable jurisdiction.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any legal proceedings shall be conducted in the courts of Tamil Nadu, India.

Agreement Updates and Modifications

This agreement may be updated periodically to reflect changes in our services, legal requirements, or business practices. We will provide 30 days notice of material changes and obtain consent for modifications that significantly impact client rights.

  • Last Updated: January 1, 2025
  • Version: 2.1

For legal questions, contact [email protected].