Terms of Service

1. Definitions and Interpretation

1.1 "Company" / "we" / "us" / "our" means […………………………………] a [Private Limited Company / LLP / Proprietorship] duly registered under the laws of India, having its registered office at [……………………….] ([CIN/LLPIN/GST……..])

1.2 "Customer" / "you" / "your" means the individual who books, avails, or otherwise uses the Service.

1.3 "Device" means the Android smartphone or tablet (together with any accessories, cable, or charger supplied with it) owned by the Company and delivered to the Customer for the purpose of the Service.

1.4 "Cloud Account" means any third-party online storage account, including Google Drive, Google Photos, iCloud, Dropbox, Microsoft OneDrive, or any similar service that is owned, controlled, and operated solely by the Customer.

1.5 "Field Agent" means an employee, representative, or authorised contractor of the Company who visits the Customer’s premises to deliver, assist with, and collect the Device.

1.6 "Service" means the data-transfer facilitation service described in Clause 3.

1.7 "Website" means [……………….] and any associated mobile application operated by the Company.

1.8 "Personal Data" has the meaning ascribed to it under the Digital Personal Data Protection Act, 2023.

1.9 "Applicable Law" means the Information Technology Act, 2000 and rules made thereunder, the Digital Personal Data Protection Act, 2023 and rules made thereunder, the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, the Indian Contract Act, 1872, and any other law of India applicable to the Service.

2. Acceptance of Terms

2.1 These Terms of Service (“Terms”) constitute a legally binding agreement between you and the Company governing your access to and use of the Website and the Service.

2.2 By visiting the Website, creating a booking, making payment, or permitting a Field Agent to deliver a Device to you, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2.3 If you do not agree to these Terms, you must not use the Service.

2.4 These Terms apply in addition to, and not in derogation of, your statutory rights as a “consumer” under the Consumer Protection Act, 2019, which cannot be excluded or diminished by contract.

3. Description of the Service

3.1 The Service enables you to transfer data stored on your old device, storage media, or accounts to a Cloud Account owned by you, using a Device supplied by the Company, without the Company at any point taking custody, control, or ownership of your data.

3.2 The Service operates as follows:

1. i.You book the Service through the Website and provide your name, delivery address, and mobile number.
2. ii.A Field Agent delivers the Device to your address on the scheduled date and time slot.
3. iii.You personally log in to your own Cloud Account on the Device using your own credentials. The Field Agent does not request, record, view, or store your login credentials, passwords, or one-time passwords (OTPs) at any time, and has no independent means of accessing the Device’s screen content, lock code, or Cloud Account.
4. iv.You personally transfer or upload the data of your choice from your source device or media to your Cloud Account, using the Device’s connectivity.
5. v.Once the transfer is complete and you have verified it to your own satisfaction, you (or the Field Agent, at your instruction and in your presence) perform a factory reset of the Device, erasing all data, cached credentials, and account sessions from it.
6. vi.The Field Agent collects the reset Device and returns it to the Company for redeployment.

3.3 Role of the Company. The Company’s role is limited to: (i) supplying a clean, factory-default Device carrying no pre-installed monitoring, tracking, spyware, keylogging, Mobile Device Management (MDM), or remote-access software of any kind; (ii) logistics (delivery and collection of the Device); and (iii) providing user instructions and customer support. The Company does not host, process, view, copy, back up, or retain any data that you upload, transfer, or store using the Device or your Cloud Account, whether during or after the Service.

3.4 No Custody of Data. For the avoidance of doubt, the Company is not a “cloud storage provider,” “data processor,” or “data fiduciary” in respect of the data you transfer using the Device. Your Cloud Account and the data stored in it remain solely between you and your chosen third-party cloud service provider, and are governed by that provider’s own terms of service and privacy policy, over which the Company has no control.

3.5 Unlawful or Prohibited Content. You are solely and exclusively responsible for the legality, ownership, and appropriateness of all data, multimedia, documents, images, videos, or other content that you transfer, upload, or store using the Device or your Cloud Account. You represent and warrant that such content does not and will not contain, and your use of the Service will not involve, any material that: (a) constitutes child sexual abuse material or is otherwise prohibited under the Protection of Children from Sexual Offences Act, 2012; (b) is obscene or sexually explicit within the meaning of Sections 67 or 67A of the Information Technology Act, 2000; (c) infringes any third party’s intellectual property, privacy, or other legal rights; or (d) is otherwise unlawful, defamatory, or prohibited under Applicable Law. As the Company has no access to, visibility of, or control over the content you transfer (Clause 8), the Company has no ability to monitor, screen, filter, or verify such content, and shall bear no liability, responsibility, or obligation whatsoever, whether civil, criminal, or regulatory in connection with any such content. You shall be solely and fully liable for any claim, prosecution, penalty, fine, or proceeding of any nature arising from or relating to such content, and shall indemnify the Company in full in accordance with Clause 14. Nothing in this Clause 3.5 shall be construed to limit or override the Company’s own obligations under Applicable Law, including any mandatory obligation to report unlawful content to the appropriate authorities in the event the Company becomes aware of it through any means.

3.6 The Service is made available on a paid, per-booking basis, as set out at the time of booking.

4. Eligibility

4.1 You must be at least 18 (eighteen) years of age and competent to contract under the Indian Contract Act, 1872, to use the Service.

4.2 By booking the Service, you represent and warrant that the address provided is one where you, or an authorised adult occupant, will be present to receive the Device and supervise its use, and that all information you provide is true, accurate, and complete.

4.3 The Company reserves the right to refuse or cancel any booking, at its sole discretion, including where the address falls outside its serviceable area, prior misuse is suspected, or for safety reasons.

5. The Device: Ownership and Nature of Use

5.1 The Device at all times remains the sole property of the Company. Nothing in these Terms transfers, or shall be construed as transferring, ownership or title of the Device to you.

5.2 The Device is handed to you strictly as a bailment for the limited purpose of the Service, and you agree to exercise the same standard of care in relation to the Device as a person of ordinary prudence would exercise in relation to their own property, in accordance with Section 151 of the Indian Contract Act, 1872.

5.3 You shall not: (a) install, remove, or modify any software on the Device other than as reasonably necessary to log in to your Cloud Account and transfer data; (b) attempt to root, jailbreak, or reverse-engineer the Device; (c) use the Device for any purpose other than the Service; or (d) permit any person other than an authorised adult occupant of the premises to use the Device.

5.4 You are responsible for the safekeeping of the Device from the time it is handed to you (evidenced by an OTP confirmation, signature, or other acknowledgment at delivery, as applicable) until it is handed back to, and acknowledged as received by, the Field Agent.

6. Your Responsibilities

You agree that you shall:

1. i.provide a correct name, delivery address, and mobile number, and be reasonably available at the scheduled slot;
2. ii.use only Cloud Accounts that you own and are legally authorised to access;
3. iii.ensure you have an active internet connection of sufficient speed and data allowance to complete the intended transfer within the visit window;
4. iv.verify, before authorising the factory reset, that all intended data has been successfully and completely transferred to your Cloud Account, we strongly recommend you independently open your Cloud Account on a separate device or browser to confirm the upload before authorising the reset;
5. v.keep your Cloud Account credentials, passwords, and OTPs confidential at all times, including from the Field Agent, who is trained never to ask for, and has no need to know, this information;
6. vi.comply with the terms of service, storage limits, and acceptable use policies of your chosen Cloud Account provider, including any storage fees payable to that provider;
7. vii.not upload or attempt to transfer any content that is unlawful, infringing, obscene, or otherwise prohibited under Applicable Law using the Device; and
8. viii.return the Device to the Field Agent in the same condition as received, ordinary wear and tear excepted, on completion of the visit or within the timeframe communicated at booking.

7. Field Agent Conduct and Your Safety

7.1 Field Agents are engaged by the Company after reasonable background verification and are issued a Company identity card, which you are entitled to inspect before permitting entry.

7.2 The Field Agent will remain present in the room during the login and data-transfer process for reasons of service assistance and safe handling of the Device, but will not view, photograph, or otherwise observe your screen, credentials, OTP, or the content of your data. You may ask the Field Agent to stand at a reasonable distance or turn away while you enter credentials, and the Field Agent shall comply.

7.3 The Field Agent has no authority to ask for, note down, or retain your Cloud Account credentials, passwords, OTPs, or any of your personal files, and you should not disclose these to the Field Agent under any circumstance.

7.4 You may end the visit at any time and ask the Field Agent to leave if you are not comfortable, without any obligation other than payment of applicable cancellation charges, if any, as set out in our Cancellation Policy.

7.5 Any grievance regarding the conduct of a Field Agent may be raised with our Grievance Officer under Clause 19.

8. What the Company Does and Does Not Access

8.1 The Company does not, at any point, obtain, request, view, copy, transmit to its own servers, or retain: (a) your Cloud Account credentials, passwords, or OTPs; (b) the content of any file, photograph, video, document, or other data you transfer; or (c) your Cloud Account activity or storage content.

8.2 The Device supplied to you is a factory-reset, stock-configuration Android device at the time of delivery, free of any pre-installed monitoring, spyware, keylogging, Mobile Device Management (MDM), asset-tracking, or remote-access software. The Company does not remotely access, monitor, or control the Device during your use of it.

8.3 Upon collection, the Device is independently factory reset again by the Company, as a further safeguard, before it is redeployed to another customer.

8.4 Because the Company has no access to or control over your data or Cloud Account, the Company cannot verify, guarantee, back up, or recover your data, and Clause 12 (Limitation of Liability) applies accordingly.

9. Fees and Payment

9.1 The Service is offered for a flat fee per booking, as displayed on the Website or communicated to you at the time of booking, inclusive/exclusive of applicable GST as indicated at checkout.

9.2 Payment is collected [in advance / on completion of the visit] through third-party payment gateway(s), which process your payment card or other payment instrument details directly. The Company does not store your full card, UPI, or net-banking credentials on its own systems.

9.3 The Company does not charge or collect any security deposit for the Device under the standard Service. However, Clause 10 (Device Loss, Theft, or Damage) shall apply if the Device is lost, stolen, or damaged during your custody.

9.4 The Company may revise its fees prospectively at any time; any revision will not affect a booking already confirmed and paid for.

10. Device Loss, Theft, or Damage

10.1 As the Device remains at all times the Company’s property and is placed in your custody as bailee (Clause 5), you shall be liable to compensate the Company for the replacement cost of the Device, as per the price list set out in Schedule A or otherwise communicated to you at the time of booking, if the Device is lost, stolen, or damaged beyond ordinary wear and tear while in your custody, save where such loss, theft, or damage is directly attributable to the Company’s or its Field Agent’s negligence.

10.2 The Company will make reasonable efforts to assist you if a Device is lost or stolen before you have completed your transfer or reset; however, since the Company holds no copy of your data, such an event may result in permanent loss of data not yet uploaded to your Cloud Account, for which the Company bears no liability, subject to Clause 12.

10.3 You are strongly advised not to authorise a factory reset until you have independently verified successful completion of your upload.

11. Cancellation and Rescheduling

11.1 You may cancel or reschedule a booking in accordance with the cancellation window and charges, if any, set out in our Cancellation Policy available on the Website.

11.2 The Company may cancel or reschedule a booking due to Field Agent unavailability, logistics constraints, safety concerns at the delivery address, or Force Majeure (Clause 15), in which case you will be offered a fresh slot or a full refund of fees paid, at your election.

12. Limitation of Liability

12.1 To the maximum extent permitted under Applicable Law, the Company’s aggregate liability arising out of or in connection with the Service, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by you for the specific booking giving rise to the claim.

12.2 The Company shall not be liable for: (a) any loss, corruption, incompleteness, or non-transfer of data, including where caused by network or internet issues, insufficient Cloud Account storage, Cloud Account provider outages, or your own error in verifying the transfer before reset; (b) any act, omission, security incident, or data breach occurring on or through your Cloud Account or its provider’s systems, which are entirely outside the Company’s control; (c) delays caused by third-party logistics or courier partners; or (d) any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, goodwill, or data, even if the Company has been advised of the possibility of such damages.

12.3 Nothing in this Clause 12 excludes or limits the Company’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Applicable Law, including the Consumer Protection Act, 2019.

12.4 Assumption of Risk. You acknowledge that transferring data using the Device to a Cloud Account inherently involves risks beyond the Company’s control, including data loss, corruption, unauthorised third-party access to your Cloud Account, and technical or connectivity failure. You voluntarily and knowingly assume all such risks as a condition of using the Service.

12.5 Release. To the fullest extent permitted by Applicable Law, you release, waive, and forever discharge the Company, its directors, officers, employees, and Field Agents from any and all claims, demands, actions, and causes of action, whether now known or unknown, arising out of or in any way connected with your use of the Service, the Device, your Cloud Account, or the content you transfer using the Device. This release does not apply to, and nothing in these Terms excludes or limits, liability for death or personal injury caused by the Company’s negligence, fraud or fraudulent misrepresentation, or any other liability, or any of your rights as a “consumer” under the Consumer Protection Act, 2019, that cannot lawfully be excluded, limited, or waived.

12.6 Sole and Exclusive Remedy. Save as expressly provided in Clause 11 (Cancellation and Rescheduling), your sole and exclusive remedy for any claim arising out of or relating to the Service is limited to the remedies set out in this Clause 12. In no circumstance shall the Company be obligated to restore, recreate, or reconstruct any data.

13. Disclaimers

13.1 The Service is provided on an “as is” and “as available” basis. Save as expressly stated in these Terms, the Company makes no warranty, express or implied, regarding uninterrupted availability, error-free operation, or fitness for a particular purpose of the Service, the Device, or the Website.

13.2 The Company is not affiliated with, and does not warrant or guarantee the services, security, storage limits, or terms of, Google Drive, iCloud, or any other third-party Cloud Account provider. Your use of such services is governed solely by your agreement with that provider.

13.3 No warranty is given, and no responsibility is accepted, in respect of any third-party service used to deliver the Service, including courier or logistics partners and payment gateways, each of which operates under its own independent terms outside the Company’s control.

14. Indemnification

14.1 You agree to indemnify, defend, and hold harmless the Company, its directors, employees, and Field Agents from and against any claims, losses, liabilities, damages, and reasonable costs (including legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Device; (c) any unlawful, infringing, or unauthorised data you transfer using the Device; or (d) your violation of any Applicable Law or third-party right save to the extent caused by the Company’s own negligence, wilful default, or breach of these Terms.

15. Force Majeure

15.1 The Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, strikes, epidemics or pandemics, riots, war, governmental action, internet or telecommunications failures, or courier and logistics disruptions.

16. Intellectual Property

16.1 All content on the Website, including text, graphics, logos, and software (excluding your own data), is the property of the Company or its licensors and is protected under Indian copyright, trademark, and other intellectual property laws.

16.2 You are granted a limited, non-exclusive, non-transferable licence to access and use the Website solely for booking and using the Service. No other rights are granted.

17. Confidentiality

17.1 The Company shall keep confidential any personal information shared by you for the purpose of the Service, save as required to perform the Service, comply with law, or as set out in our Privacy Policy.

18. Termination and Suspension

18.1 The Company may suspend or terminate your access to the Service, at its discretion and with notice where practicable, in case of suspected fraud, misuse, non-payment, safety concerns, or breach of these Terms.

18.2 Clauses which by their nature are intended to survive termination, including Clauses 5, 10, 12, 14, and 17, and Clause 20, shall survive.

19. Grievance Redressal

19.1 In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology (Intermediary Guidelines) Rules, 2021, the Company has appointed a Grievance Officer: […………] email [………..] designation [….] Toll free no. […]

19.2 The Grievance Officer shall acknowledge your complaint within 48 (forty-eight) hours and endeavour to redress it within 1 (one) month from the date of receipt, or such other timeline as prescribed under Applicable Law.

19.3 You may also approach the National Consumer Helpline, the UMANG App, or the e-Daakhil portal, or your jurisdictional Consumer Disputes Redressal Commission, without prejudice to your rights under Clause 20.

20. Governing Law and Dispute Resolution

20.1 These Terms shall be governed by and construed in accordance with the laws of India.

20.2 Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved amicably through good-faith negotiation within 30 (thirty) days of written notice by either party.

20.3 If not so resolved, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by the company, seated at New Delhi and conducted in the English language. This Clause 20.3 does not preclude you, as a “consumer” under the Consumer Protection Act, 2019, from approaching the appropriate Consumer Disputes Redressal Commission having jurisdiction, at your election.

20.4 Subject to Clause 20.3, the courts at New Delhi, India shall have exclusive jurisdiction over any matter not referred to arbitration or consumer fora.

21. Notices

21.1 Any notice required under these Terms shall be sent in writing to the addresses or contact details provided by each party, and shall be deemed served 2 (two) business days after dispatch by email or registered post.

22. Miscellaneous

22.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

22.2 Waiver. No failure or delay by the Company in exercising any right under these Terms shall operate as a waiver of that right.

22.3 Assignment. You may not assign or transfer your rights under these Terms without the Company’s prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of assets.

22.4 Entire Agreement. These Terms, together with the Privacy Policy and any Cancellation Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.

22.5 Third-Party Rights. Nothing in these Terms confers any right on any person other than you and the Company to enforce any term of these Terms.

23. Changes to These Terms

23.1 The Company may revise these Terms from time to time. Material changes will be notified to you via the Website or email at least 7 (seven) days before taking effect. Continued use of the Service after such changes constitutes your acceptance of the revised Terms.

24. Contact Us

[Email], [Contact No.], [etc.]

Schedule A: Device Replacement Price List

[Device replacement price list to be provided]