1. Definitions and Interpretation

1.1. “Platform” refers to the proprietary software, web application, API services, and vector canvas engine accessible at crm.jaivibe.com and associated subdomains, operated by Tygon Solutions / JAIVIBE CRM (“Company”, “We”, “Us”, or “Our”).

1.2. “Developer” or “Client” refers to any real estate developer, builder, colonization promoter, layout developer, firm, or marketing agency that licenses the Platform to digitize, host, manage, or display real estate layout inventory.

1.3. “Public User” or “Buyer” refers to any individual, NRI client, homebuyer, channel partner, or end-user who accesses or views interactive plot maps hosted on the Platform.

1.4. “Inventory Data” refers to all master blueprint drawings, polygon boundaries, plot numbers, square yardage/dimensions, facings, booking statuses, pricing, brochures, and contact numbers uploaded or modified by a Developer.

2. Status as an Independent Technology Intermediary (IT Act § 79 Safe Harbor)

2.1. Pure SaaS Provider: JAIVIBE CRM is exclusively an electronic software-as-a-service (SaaS) and technology platform provider. The Company develops and provides digital interactive mapping tools that allow Developers to display and track real estate layout drawings.

2.2. Not a Real Estate Entity: JAIVIBE CRM is NOT a real estate developer, promoter, builder, broker, colonizer, land surveyor, or real estate agent under the Real Estate (Regulation and Development) Act, 2016 (“RERA”), the Telangana Real Estate (Regulation and Development) Rules, 2017, or any corresponding central or state enactment.

2.3. Intermediary Immunity: Under Section 79 of the Information Technology Act, 2000, JAIVIBE CRM functions strictly as an online technology intermediary. The Company does not initiate data transmissions, does not select the recipients of plot links, does not participate in land negotiations, and does not alter the underlying plot statuses or dimensions entered by Developers. Consequently, the Company is legally exempt from any civil, regulatory, or criminal liability for third-party plot data, blueprints, or property representations hosted on the Platform.

3. Public Real Estate Disclaimer & Absolute Non-Liability (Notice to Buyers)

3.1. Illustrative Visualization Only: All interactive layout vector maps, color-coded plot boundaries, square yard measurements, facings, and reservation badges (“Available”, “Reserved”, “Registered”, “Allotted”, “Mortgage”, “Blocked”) displayed on the Platform are for general illustrative, conceptual, and inventory reference purposes only.

3.2. No Offer for Sale or Contract: The display of any venture or plot on the Platform does NOT constitute an offer for sale, a binding legal representation, a sanctioned survey blueprint, or title certification. Nothing contained on this Platform creates any contractual relationship between JAIVIBE CRM and any Public User or prospective Buyer.

3.3. Mandatory Independent Verification: Prospective Buyers must independently verify all land titles, physical survey demarcations, actual boundary dimensions, road widths, open space approvals, municipal sanctions (DTCP/HMDA/municipal corporations), and real-time plot availability directly with the project Developer and the relevant government revenue and registration offices prior to advancing any token money, earnest money, or executing any agreement of sale or deed.

3.4. Zero Financial Involvement: JAIVIBE CRM does not process, solicit, receive, or hold any plot booking amounts, tokens, advances, commissions, or real estate purchase funds. All financial arrangements and sale agreements are executed solely between the Buyer and the Developer. JAIVIBE CRM bears ZERO liability for any breach of contract, delay, cancellation, double-allocation, boundary dispute, or financial loss occurring between a Buyer and a Developer.

4. External Links, Brochures & Third-Party Materials Disclaimer

4.1. Third-Party Project Brochures: The Platform may provide a clickable “Brochure” button directing users to external PDF documents or brochures provided by the Developer. JAIVIBE CRM does NOT author, review, verify, approve, or warrant the truthfulness of any statements, pricing, architectural renderings, investment return projections, or statutory approvals contained within external developer brochures.

4.2. External Navigation & Maps: Links to Google Maps coordinates or external websites are provided solely as a navigational convenience. The Company makes no representations regarding the accuracy of third-party satellite mapping pins, route accessibility, or municipal road alignments.

4.3. Accessing any external brochure link or map pin is performed entirely at the user's own discretion and risk.

5. Developer Administrative Autonomy & Excel Synchronization

5.1. Independent Administrative Access: Each registered Developer is provided with dedicated, credential-protected access to a Developer Admin Portal (/developer-dashboard). The Developer holds exclusive control and autonomous administrative capability to modify plot availability, change statuses (e.g., from “Available” to “Registered”), input yardage, record private hold notes, and update inventory.

5.2. Developer Solely Responsible for Accuracy: The Developer is solely and exclusively responsible for ensuring that all data entered into the Platform—whether manually or via Excel synchronization—is truthful, accurate, up-to-date, and matches approved ground surveys. JAIVIBE CRM conducts no manual ground verification or title audit of developer entries.

5.3. Conclusive Activity Logging: To ensure complete auditability, the Platform maintains an immutable, timestamped electronic audit log (ActivityLog) that permanently captures the exact user ID, role, IP address, timestamp, and before-and-after diff of every plot modification. In any dispute, these server-generated audit records shall constitute conclusive technical evidence of which party initiated the change.

6. Credential Responsibility & Channel Partner / Broker Liability

6.1. Confidentiality of Credentials: The Developer is strictly responsible for maintaining the confidentiality of its administrative login credentials.

6.2. Liability for Authorized and Unauthorized Use: If a Developer shares its login credentials with marketing executives, sales managers, independent real estate agents, brokers, or channel partners, the Developer assumes 100% full legal and financial liability for all plot status modifications, customer notes, reservation changes, and transactions executed under its credentials.

6.3. JAIVIBE CRM shall not be liable for any unauthorized access, rogue plot alteration, or misappropriation of buyer tokens resulting from the Developer's failure to secure its administrative credentials.

7. Statutory Approvals & RERA Compliance Disclaimer

7.1. Promoter Obligation: Under Sections 3, 11, and 12 of the Real Estate (Regulation and Development) Act, 2016, the legal obligation to register a plotted venture with the relevant State Real Estate Regulatory Authority (RERA) and to publish only sanctioned layout details rests entirely upon the project promoter/Developer.

7.2. No Warranty by Platform: JAIVIBE CRM makes no warranty, guarantee, or representation regarding the existence, validity, or completeness of any RERA registration, Layout Permission (LP) number, DTCP/HMDA/local planning sanction, or legal clearance for any project displayed on the Platform.

7.3. Buyer Due Diligence: Public Users are instructed to independently cross-check the project's legal validity on the official portal of the concerned State Real Estate Regulatory Authority before engaging in financial transactions.

8. Developer Representations, Warranties & Complete Indemnification

8.1. Warranties: By utilizing the Platform or submitting layout blueprints, the Developer covenants, represents, and warrants that:

• It possesses all necessary statutory approvals, title deeds, power of attorney, or colonization rights to develop and market the venture.
• All uploaded CAD drawings, PDFs, images, brochures, and venture names are either owned by the Developer or used under valid intellectual property licenses, and do not infringe any third-party copyright, trademark, or property rights.
• It shall strictly abide by all consumer protection, RERA, and local planning statutes in all dealings with buyers.

8.2. COMPREHENSIVE DEVELOPER INDEMNIFICATION: THE DEVELOPER HEREBY AGREES TO FULLY DEFEND, INDEMNIFY, AND HOLD ABSOLUTELY HARMLESS JAIVIBE CRM, TYGON SOLUTIONS, ITS PROPRIETORS, AFFILIATES, TECHNICAL CONTRACTORS, AND OPERATORS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, CONSUMER DISPUTES, RERA INQUIRIES, POLICE COMPLAINTS, REGULATORY FINES, ACTIONS, DAMAGES, LOSSES, AND LEGAL DEFENSE EXPENSES (INCLUDING ADVOCATE AND LITIGATION FEES) ARISING OUT OF OR IN CONNECTION WITH:

• Any inaccuracy, misrepresentation, typographical error, or discrepancy in plot statuses, dimensions, or prices on the Developer's layout.
• Any financial transaction, token collection, booking cancellation, boundary dispute, or contract entered into with any Buyer.
• Any copyright, trademark, or ownership claim asserted by any third party regarding uploaded master plan drawings, layouts, or brochures.
• Any failure by the Developer to secure or maintain requisite RERA registrations, DTCP/HMDA approvals, or government clearances.

9. Subscription Billing, 10-Day Courtesy Grace Period & Suspension Rights

9.1. Prepaid Monthly Subscription: Provision of cloud hosting, interactive vector engine access, WhatsApp routing, and developer administrative portals is contingent upon regular, timely payment of monthly software maintenance fees on a prepaid monthly basis.

9.2. Renewal Notice: A service renewal notice and payment invoice shall be issued prior to the close of each billing cycle (Day -1 notice).

9.3. 10-Day Courtesy Grace Period: The Company voluntarily extends an administrative grace period of ten (10) calendar days from the due date to permit the Developer to clear subscription dues. This grace period is an accommodation and does not waive timely payment obligations.

9.4. Unconditional Right to Suspend and Unpublish: In the event the monthly maintenance fee remains unpaid upon expiration of the 10-day grace period, JAIVIBE CRM reserves the unequivocal, unilateral right to:

• Immediately unpublish, take offline, and deactivate all public interactive layout map links (crm.jaivibe.com/developer/project).
• Deactivate administrative access to the Developer Admin Portal.

9.5. ZERO LIABILITY FOR SUSPENSION: JAIVIBE CRM SHALL HAVE ABSOLUTELY ZERO LIABILITY (LEGAL, EQUITABLE, OR FINANCIAL) TO THE DEVELOPER, PROMOTER, OR ANY THIRD PARTY FOR ANY LOSSES, ADVERTISING EXPENSES (INCLUDING PAID META, GOOGLE, OR PRINT AD CAMPAIGNS), LOST BUYER LEADS, FORFEITED SALES, DAMAGE TO REPUTATION, OR BUSINESS INTERRUPTION ARISING OUT OF SERVICE DEACTIVATION OR UNPUBLISHING DUE TO UNPAID MONTHLY MAINTENANCE FEES.

10. Limitation of Liability (Absolute Monetary Cap)

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW IN INDIA:

10.1. No Consequential or Indirect Damages: IN NO EVENT SHALL JAIVIBE CRM, TYGON SOLUTIONS, ITS OPERATORS, FOUNDERS, EMPLOYEES, OR AGENTS BE LIABLE TO ANY DEVELOPER, BUYER, OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REAL ESTATE REVENUE, LOSS OF PROFITS, LOSS OF PLOT BOOKINGS, LOSS OF GOODWILL, LOSS OF DATA, OR COST OF PROCURING SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2. TOTAL AGGREGATE MONETARY LIABILITY CAP: UNDER NO CIRCUMSTANCES SHALL JAIVIBE CRM'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS PLATFORM, SOFTWARE, OR AGREEMENT—UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STATUTE, OR OTHERWISE)—EXCEED THE TOTAL SUBSCRIPTION AMOUNT ACTUALLY PAID BY THE CLAIMANT TO JAIVIBE CRM IN THE SINGLE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ₹3,000 INR (THREE THOUSAND INDIAN RUPEES), WHICHEVER IS LESSER.

11. Disclaimer of Warranties (“AS IS” & “AS AVAILABLE”) & Force Majeure

11.1. The Platform and all features are licensed on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, statutory, or implied, including but not limited to implied warranties of merchantability, fitness for a particular real estate purpose, accuracy of coordinates, or non-infringement.

11.2. JAIVIBE CRM does not warrant that the Platform will operate uninterrupted, error-free, completely secure, or free from serverless cloud downtime (Cloudflare, AWS, or Vercel).

11.3. Force Majeure: Neither party shall be held liable for failure or delay in performance caused by circumstances beyond reasonable control, including acts of God, natural calamities, government directives, telecommunications blackouts, cyberattacks, or cloud infrastructure outages.

12. Mandatory 30-Day Pre-Litigation Notice & Amicable Resolution Procedure

12.1. Mandatory Pre-Litigation Protocol: In the event of any controversy, claim, or dispute arising out of or relating to this Platform, Agreement, or real estate layout, the claimant (whether a Developer or Buyer) agrees that it shall NOT institute any lawsuit, court petition, consumer complaint, or police proceeding without first completing this mandatory dispute procedure.

12.2. Written Dispute Notice: The claimant must deliver a formal written notice setting forth the specific factual details of the dispute to our official email at tygonsolutions@gmail.com (with a copy to jairammargam02@gmail.com).

12.3. 30-Day Resolution Period: The parties shall engage in good-faith amicable discussions for a period of not less than thirty (30) calendar days from receipt of the notice. Any legal proceedings commenced prior to the expiration of this 30-day period shall be deemed premature and subject to immediate dismissal.

13. Class Action and Representative Complaint Waiver

13.1. Individual Claims Only: All claims, disputes, and legal proceedings arising out of this Agreement or Platform usage must be asserted strictly on an individual basis.

13.2. Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DEVELOPERS, USERS, AND BUYERS EXPLICITLY WAIVE ANY RIGHT TO COMMENCE, JOIN, PARTICIPATE IN, OR ACT AS A REPRESENTATIVE OR MEMBER OF ANY CLASS ACTION, GROUP PETITION, PUBLIC INTEREST LITIGATION (PIL), OR CONSOLIDATED CONSUMER COMPLAINT AGAINST JAIVIBE CRM, TYGON SOLUTIONS, OR ITS PROPRIETORS.

14. Post-Termination Survival of Protective Clauses

14.1. Indefinite Survival: In the event of expiration, cancellation, offboarding, or suspension of a Developer's account or deletion of a project, the following provisions shall survive such termination indefinitely and remain fully enforceable:

• Section 2 (Status as an Independent Technology Intermediary)
• Section 3 (Public Real Estate Disclaimer & Absolute Non-Liability)
• Section 4 (External Links, Brochures & Third-Party Materials Disclaimer)
• Section 6 (Credential Responsibility & Channel Partner Liability)
• Section 8 (Developer Representations, Warranties & Complete Indemnification)
• Section 9.5 (Zero Liability for Suspension)
• Section 10 (Limitation of Liability & Monetary Cap)
• Section 12 (Mandatory 30-Day Pre-Litigation Notice)
• Section 13 (Class Action Waiver)
• Section 16 (Express Waiver of Injunctive Relief & Stay Orders)
• Section 17 (Electronic Evidence & Audit Log Admissibility)
• Section 18 (Non-Disparagement & Protection Against Defamation)
• Section 20 (Governing Law & Exclusive Jurisdiction in Hyderabad)

15. Intellectual Property & Copyright Notice-and-Takedown Protocol

15.1. Platform IP: All proprietary software, source code, interactive Konva vector rendering algorithms, user interfaces, documentation, and database schemas of JAIVIBE CRM are the exclusive intellectual property of the Company.

15.2. Developer IP: Developer trademarks, logos, and original CAD layout drawings remain the intellectual property of their respective owners. The Developer grants JAIVIBE CRM a non-exclusive, royalty-free license to host, render, and display such assets solely to fulfill software functionality.

15.3. Statutory Takedown Procedure: In compliance with Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2021, if any landowner, copyright owner, promoter, or statutory authority claims that any content hosted on the Platform infringes intellectual property or violates statutory regulations, they may file a formal takedown notice with our Grievance Officer at tygonsolutions@gmail.com. Upon receipt of a prima facie substantiated legal notice or court order, JAIVIBE CRM will disable access to the contested material within 36 hours.

16. Express Waiver of Injunctive Relief & Stay Orders

16.1. Irreparable Harm Disclaimed: The Developer acknowledges that software hosting and interactive mapping services do not convey any interest in real property. In the event of any alleged breach or suspension of service by JAIVIBE CRM, the Developer can be adequately compensated by monetary damages (subject strictly to the liability cap set forth in Section 10).

16.2. EXPRESS WAIVER OF STAY ORDERS: TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THE DEVELOPER EXPLICITLY WAIVES ANY RIGHT TO APPLY FOR, SEEK, OR OBTAIN ANY EX-PARTE TEMPORARY INJUNCTION, INTERIM STAY ORDER, MANDATORY INJUNCTION, OR EQUITABLE RELIEF FROM ANY COURT OF LAW OR ARBITRAL TRIBUNAL TO COMPEL JAIVIBE CRM TO RESTORE, RE-PUBLISH, OR CONTINUE HOSTING ANY SUSPENDED OR DEACTIVATED REAL ESTATE LAYOUT MAP.

17. Electronic Evidence & Audit Log Admissibility (§ 65B Evidence Act)

17.1. Conclusive Electronic Records: In accordance with Section 65B of the Indian Evidence Act, 1872 and Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, the electronic audit logs (ActivityLog), server access logs, database modification diffs, and timestamped transaction records automatically generated by the Platform shall be deemed admissible in any court or legal proceeding as authentic, prima facie conclusive electronic evidence of the activities performed by Developer accounts.

17.2. The Developer agrees not to challenge the authenticity, admissibility, or evidentiary value of server activity logs produced by JAIVIBE CRM in any judicial or administrative proceeding.

18. Non-Disparagement & Protection Against Defamation

18.1. Prohibition Against Disparagement: The Developer covenants that neither it nor its directors, promoters, employees, or marketing agents shall, during or following the termination of this Agreement, publish, post, broadcast, or disseminate any false, misleading, defamatory, libelous, or disparaging statements regarding JAIVIBE CRM, Tygon Solutions, or its proprietors on any public forum, review site, social media platform, or real estate community.

18.2. In the event of a breach of this non-disparagement covenant, JAIVIBE CRM reserves the right to seek damages for commercial defamation and reputational harm, in addition to immediate injunctive relief to compel removal of defamatory material.

19. Anti-Spam & Telecom Regulations (TRAI / DND Compliance)

19.1. No Telemarketing by Platform: JAIVIBE CRM does not engage in telemarketing, cold-calling, bulk SMS broadcasting, or unsolicited commercial communications (UCC).

19.2. Developer Compliance: When prospective buyers communicate via the WhatsApp Inquiry button, the Developer covenants that it will handle buyer contact numbers in strict compliance with the Telecom Commercial Communications Customer Preference Regulations (TCCCPR) issued by the Telecom Regulatory Authority of India (TRAI) and respect National Do Not Call (DND) registries.

19.3. The Developer shall indemnify JAIVIBE CRM against any consumer complaint, TRAI penalty, or carrier fine resulting from unsolicited marketing messages or harassment conducted by the Developer.

20. Governing Law, Exclusive Jurisdiction & Severability

20.1. Governing Law: This Agreement, its validity, interpretation, and performance shall be governed exclusively by the substantive laws of the Republic of India, without regard to conflict of laws principles.

20.2. Exclusive Territorial Jurisdiction: The parties explicitly agree that all disputes, suits, claims, or legal proceedings arising out of or related to this Platform, Agreement, or subscription services shall be submitted to the exclusive jurisdiction of the competent Civil Courts situated in Hyderabad, Telangana, India. The parties waive any objection to jurisdiction or venue in Hyderabad.

20.3. Severability: If any provision of this Agreement is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

21. Legal Inquiries & Statutory Grievance Redressal

21.1. In compliance with Section 79 of the Information Technology Act, 2000 and the IT Intermediary Rules, 2021, the designated officer for legal notices and grievances is: