Terms of Use
1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you") and ILLUME Intelligence Private Limited ("ILLUME Intelligence", "we", "us", "our") governing your access to and use of The DPDP Act Assessment Platform (thedpdpact.co.in) ("Platform").
By registering, accessing, or using the Platform in any manner, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Platform.
If you are accessing the Platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
2. About the Platform
The Platform provides organisations with a structured, expert-designed digital assessment tool to evaluate their readiness and obligations under India's Digital Personal Data Protection (DPDP) Act 2023. The Platform's core services include:
- Gap Assessment: Identifying areas where your current data protection practices fall short of DPDP Act 2023 requirements.
- Scope Assessment: Mapping your data processing activities to determine the boundaries of your compliance obligation.
- Tailored Compliance Quote: Generating an accurate, input-based estimate of the effort and cost required to achieve full compliance.
- Professional Report: Providing a detailed, exportable compliance report with findings, scores, and actionable next steps.
The Platform is intended for use by legal, compliance, IT, and management professionals within organisations operating in India or processing personal data of Indian residents.
3. Eligibility and Registration
To use the Platform, you must:
- Be at least 18 years of age.
- Be acting in a professional capacity on behalf of an organisation.
- Provide accurate, current, and complete information during registration.
- Maintain the confidentiality of your account credentials.
You are solely responsible for all activities that occur under your account. You must notify us immediately at security@illume.in if you suspect any unauthorised access to or use of your account. We reserve the right to suspend or terminate accounts that provide false or misleading registration information.
4. Permitted Use
You may use the Platform solely for the purpose of assessing your organisation's compliance with the DPDP Act 2023 and related regulations. All use must be lawful, professional, and in accordance with these Terms.
You agree not to:
- Use the Platform for any unlawful purpose or in violation of applicable Indian law.
- Attempt to gain unauthorised access to any part of the Platform, its servers, or connected systems.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform.
- Reproduce, redistribute, sublicense, sell, or commercially exploit any part of the Platform or its outputs without prior written consent.
- Submit false, misleading, or fabricated information during the assessment process.
- Use automated scripts, bots, or crawlers to access or interact with the Platform.
- Introduce malware, viruses, or any malicious code into the Platform.
- Impersonate another organisation or individual.
- Use the Platform in a manner that could damage, overload, or impair its infrastructure.
5. Your Data — Input, Ownership, and Confidentiality
All information, responses, and data you submit through the Platform ("Input Data") remain your property. By submitting Input Data, you grant ILLUME Intelligence a limited, non-exclusive licence to process that data solely for the purpose of generating your assessment results, gap report, scope assessment, and compliance quote.
ILLUME Intelligence does not use your Input Data for advertising, marketing, user profiling, or any promotional activity of any kind — for our own purposes or for any third party. Your data is processed exclusively to deliver the services you requested on this Platform.
Your Input Data is stored and processed entirely within the Platform's infrastructure. With the exception of our hosting and server provider, your data is not transmitted to, shared with, or accessible by any external party. We do not integrate third-party analytics, marketing, or tracking tools that access your data.
The quality and accuracy of your gap report, scope assessment, and compliance quote are directly dependent on the accuracy of the information you provide. ILLUME Intelligence is not responsible for incomplete or inaccurate results arising from incorrect or incomplete Input Data.
6. Third-Party Service Provider — Hosting and Infrastructure
ILLUME Intelligence engages a single third-party vendor solely for the purpose of hosting the Platform's servers and infrastructure. This vendor:
- Has no access to your Input Data beyond what is technically necessary to maintain server operations.
- Is bound by a Data Processing Agreement aligned with the DPDP Act 2023.
- Does not process, analyse, share, or use your data for any purpose other than infrastructure provision.
- Is required to maintain appropriate technical and organisational security measures.
No other third-party service provider has access to your personal or assessment data. We do not use third-party analytics platforms, advertising networks, or data brokers in connection with the Platform.
7. Cookies and Tracking Technologies
The Platform does not use cookies, tracking pixels, web beacons, browser fingerprinting, or any similar technologies for the purpose of tracking user behaviour, profiling users, or enabling advertising.
Session management on the Platform is handled through secure, server-side mechanisms that are strictly necessary for the Platform to function. No data collected through these mechanisms is shared with any third party or used beyond the current session.
You will not be asked to accept or manage a cookie consent banner, as no non-essential tracking technologies are deployed on the Platform.
8. Intellectual Property
All content on the Platform — including but not limited to the assessment framework, questionnaire structure, scoring logic, report templates, methodology, text, graphics, and software — is the exclusive intellectual property of ILLUME Intelligence and is protected under applicable Indian and international intellectual property laws.
Nothing in these Terms transfers any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for the purposes described in these Terms.
Your compliance report, once generated, is your document and may be used internally within your organisation and shared with regulators or auditors as required. You may not republish, resell, or represent it as your own independent work product.
9. Nature of Assessment Output — Important Disclaimer
The gap report, scope assessment, and compliance quote generated by the Platform are based entirely on the information you provide and the Platform’s assessment framework as aligned to the DPDP Act 2023 at the time of your assessment.
- Are intended to assist your organisation in understanding its compliance position and estimating the scope of required work.
- Do not constitute legal advice, regulatory certification, or a guarantee of compliance.
- Are not a substitute for professional legal counsel or a formal compliance audit conducted by a qualified practitioner.
- Reflect the regulatory landscape as of the date of assessment and may need to be revisited as the law evolves.
ILLUME Intelligence strongly recommends that organisations use the Platform’s outputs as an informed starting point, and engage qualified data protection professionals for implementation and formal compliance assurance.
10. Limitation of Liability
To the fullest extent permitted by applicable law, ILLUME Intelligence shall not be liable for:
- Any direct, indirect, incidental, consequential, or special damages arising from your use of or reliance on the Platform or its outputs.
- Regulatory penalties, fines, or enforcement actions arising from your organisation's compliance posture, whether or not assessed through the Platform.
- Any loss of data, business interruption, or loss of profits.
- Inaccuracies in assessment results caused by incorrect or incomplete Input Data.
- Temporary unavailability of the Platform due to maintenance, server issues, or circumstances beyond our control.
Our total liability to you for any claim arising under these Terms shall not exceed the amount paid by you for the specific assessment service from which the claim arose.
11. Indemnification
You agree to indemnify, defend, and hold harmless ILLUME Intelligence, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of the Platform in violation of these Terms.
- Your submission of false, inaccurate, or misleading Input Data.
- Your violation of any applicable law or regulation.
- Any claim by a third party arising from your use of the Platform's outputs.
12. Platform Availability and Modifications
We aim to maintain the Platform’s availability at all times but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to scheduled maintenance, server upgrades, or unforeseen technical issues. We will endeavour to provide advance notice of scheduled downtime where possible.
ILLUME Intelligence reserves the right to modify, enhance, or discontinue any feature of the Platform at any time. We will notify registered users of material changes that affect the core assessment services.
13. Account Suspension and Termination
By You
You may request deletion of your account at any time by contacting us at legal@illume.in. Upon deletion, your account data will be removed in accordance with our data retention schedule as described in the Privacy Policy.
By ILLUME Intelligence
We reserve the right to suspend or terminate your account without prior notice if:
- You are found to be in material breach of these Terms.
- You provide false or fraudulent registration information.
- Your use of the Platform poses a security risk to other users or the Platform's infrastructure.
- Required to do so by applicable law or a competent authority.
Upon termination, your right to access the Platform ceases immediately. Sections of these Terms that by their nature should survive termination (including Sections 8, 9, 10, 11, and 15) shall continue in full force.
14. Amendments to These Terms
ILLUME Intelligence may update these Terms from time to time to reflect changes in the Platform, applicable law, or our business practices. When we do, we will update the Effective Date at the top of this document and notify registered users via email for any material changes.
Continued use of the Platform after updated Terms have been published and communicated constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may request account deletion.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of India, including the Digital Personal Data Protection Act 2023, the Information Technology Act 2000, and all applicable rules and regulations thereunder.
Any dispute, claim, or controversy arising out of or in connection with these Terms or the use of the Platform shall first be addressed through good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the competent courts at Kerala, India.
16. Grievance Redressal
In accordance with the Information Technology Act 2000 and the DPDP Act 2023, we have designated a Grievance Officer to address concerns related to these Terms or the Platform:
- Grievance Officer: ILLUME Intelligence Private Limited
- Email: Security@illume.in
- Response time: Acknowledgement within 48 hours; resolution within 30 days
If you are dissatisfied with our resolution, you may escalate your grievance to the Data Protection Board of India once constituted, or to any other competent regulatory authority.
17. Contact Us
For any questions, concerns, or notices regarding these Terms, please contact:
- Email: security@illume.in
- Phone: +91 6235 24 7 365 | WhatsApp: +91 7909 24 7 365
- Address: ILLUME Intelligence Private Limited, Kerala, India