Terms of Service

Connect Quest HyperCloud Data Labs

This Agreement constitutes a commercial infrastructure access and usage framework and is not intended, designed, marketed, or operated as a consumer service, digital product, or end-user convenience offering. All services provided by connectquest.co.in and Connect Quest HyperCloud Data Labs and Connect Quest (collectively, the "Company") are strictly technical, backend, infrastructure-level resources offered exclusively to users who possess the requisite technical competence, legal capacity, and commercial intent to operate, manage, and assume responsibility for such infrastructure. By accessing or using any service, the User expressly acknowledges that no fiduciary, advisory, custodial, consumer, or trustee relationship is created, implied, or assumed under any circumstances.

1. DEFINITIONS, INTERPRETATION & SCOPE OF APPLICATION

For the purposes of this Agreement, the terms "Connect Quest", "connectquest.co.in", and "Connect Quest HyperCloud Data Labs" shall be interpreted in the broadest possible manner permitted by law and shall include, without limitation, all present and future legal entities, trade names, business divisions, affiliates, successors, assigns, shareholders, directors, officers, employees, agents, contractors, consultants, infrastructure assets, intellectual property, IP address allocations, autonomous system numbers, physical and virtual servers, storage systems, networking equipment, software platforms, orchestration layers, APIs, automation systems, internal tools, upstream connectivity providers, data center operators, licensors, vendors, and any third-party dependencies utilized directly or indirectly in the provision of services.

The terms "User", "Client", or "Customer" shall include any natural person or legal entity that directly or indirectly accesses, provisions, controls, configures, administers, benefits from, routes traffic through, deploys workloads on, integrates with, or otherwise utilizes the Company's infrastructure or services, whether such access occurs through direct purchase, reseller arrangements, delegated administration, automation, APIs, credentials, shared access, third-party platforms, or any other technical or contractual mechanism. Any person or entity acting on behalf of, under instruction from, or for the benefit of a User shall be deemed a User for the purposes of this Agreement.

This Agreement applies globally, continuously, and without territorial limitation, irrespective of the User's geographic location, nationality, domicile, place of incorporation, or jurisdiction, and governs all access to and use of the Company's infrastructure in perpetuity unless expressly superseded by a separate written agreement executed by an authorized signatory of the Company. Headings are for convenience only and shall not affect interpretation. Any ambiguity shall be resolved in favor of the Company and the intended allocation of risk herein.

2. ELIGIBILITY, AUTHORITY & IRREVOCABLE REPRESENTATIONS

By entering into or using the services under this Agreement, the User irrevocably represents, warrants, and covenants that they possess full legal capacity, technical competence, financial capability, and contractual authority to access, deploy, operate, and manage infrastructure-level services, and that such use is lawful under all applicable local, national, and international laws, regulations, sanctions, and export controls. Where the User acts on behalf of any entity, the User represents that they are duly authorized to bind such entity and to assume all obligations, liabilities, and risks herein on its behalf.

The User expressly acknowledges and agrees that no reliance has been placed on any statement, representation, warranty, assurance, estimate, marketing material, documentation, support communication, or oral or written statement not expressly set forth in this Agreement. The User further acknowledges that the Company has not provided legal, regulatory, compliance, security, or business advice, and that the User has independently assessed the suitability, legality, and risks of using the services.

Any misrepresentation, concealment, omission, or inaccuracy in the foregoing representations shall constitute a material breach, render this Agreement voidable at the Company's sole discretion, and expose the User to immediate suspension, termination, forfeiture of fees, and potential legal action.

3. ABSOLUTE DISCRETION TO REFUSE, SUSPEND OR TERMINATE SERVICES

The Company retains absolute, unilateral, and non-reviewable discretion to refuse service, deny onboarding, suspend or terminate accounts, disable or reclaim infrastructure, withhold or revoke provisioning, limit or reallocate resources, reroute or block traffic, preserve, disclose, migrate, or destroy data, or take any other action it deems necessary or appropriate, at any time, with or without cause, notice, justification, or explanation.

The User expressly acknowledges that no right, entitlement, or expectation of continued service, availability, capacity, or performance exists, and that the Company owes no duty of continuity, explanation, remediation, or proportionality. All actions may be taken proactively, reactively, or preventively based on internal risk assessments, compliance obligations, operational integrity, security considerations, commercial decisions, or reputational risk, and shall not give rise to any claim for damages, compensation, refund, credit, specific performance, or injunctive relief.

4. NETWORK TRANSMISSION, MONITORING & TECHNICAL RISK ACKNOWLEDGMENT

The User expressly acknowledges and accepts that all network-based and cloud infrastructure services inherently involve technical, operational, and security risks, including but not limited to latency, jitter, packet loss, routing changes, inspection, filtering, throttling, rate-limiting, logging, interception, congestion, degradation, disruption, or service unavailability. Data transmitted through the Company's infrastructure may traverse multiple jurisdictions, networks, and intermediaries outside the Company's control.

The Company makes no representation or warranty regarding the confidentiality, integrity, availability, performance, or routing of network traffic. The User assumes sole responsibility for securing applications, data, encryption, key management, access controls, backups, and operational architecture, and irrevocably waives any claim arising from technical behavior, network conditions, or security incidents intrinsic to distributed infrastructure environments.

5. THIRD-PARTY DEPENDENCIES & COMPLETE DISCLAIMER OF LIABILITY

The User acknowledges that the services depend upon and interoperate with third-party software, hardware, upstream connectivity providers, data centers, registries, certificate authorities, licensors, payment gateways, and network operators that are not owned or controlled by the Company. All such third-party components are provided strictly on an "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS" basis.

The Company neither controls nor guarantees the conduct, policies, availability, security, or performance of any third party and shall not be liable for any outage, disruption, suspension, termination, data loss, policy enforcement, regulatory action, or damages arising from third-party actions or omissions. The User expressly waives any claim against the Company arising directly or indirectly from third-party dependencies, including where such dependencies are required for service delivery.

6. USER CONTENT, COMMUNICATIONS & RIGHTS WAIVER

All data, content, communications, metadata, configurations, scripts, binaries, source code, compiled code, logs, packets, headers, payloads, credentials, keys, identifiers, feedback, instructions, automation logic, or other materials of any nature whatsoever that are submitted to, stored on, processed by, generated within, or transmitted through the Company's infrastructure by or on behalf of the User shall, as between the User and the Company, be deemed non-confidential, non-proprietary, and fully within the User's sole responsibility and control.

The User irrevocably grants the Company a perpetual, worldwide, royalty-free, non-exclusive, sublicensable right to access, ingest, copy, cache, retain, process, analyze, disclose, monitor, modify, migrate, suspend access to, restrict, archive, or permanently destroy such materials solely for purposes of service provisioning, infrastructure operation, security, abuse mitigation, billing, compliance with law, regulatory cooperation, internal risk management, dispute resolution, or protection of the Company's legal and institutional interests.

The User expressly acknowledges and agrees that the Company does not assume ownership, editorial control, authorship, supervision, validation, or endorsement of any User data or communications, and that no action taken by the Company in relation to such materials shall be construed as acceptance of responsibility, knowledge of content, or participation in User conduct. The Company assumes no obligation of confidentiality, safekeeping, preservation, backup, recovery, or availability of User data except to the extent mandatorily required by applicable law or expressly agreed in a separately executed written agreement signed by an authorized officer of the Company.

7. ACCOUNT ACCURACY, PAYMENT FINALITY & FRAUD PREVENTION

The User is solely and continuously responsible for maintaining accurate, current, complete, and verifiable account, billing, identity, and contact information, and for ensuring that all payments are authorized, lawful, and non-fraudulent. Any use of false, incomplete, misleading, proxy, borrowed, forged, or stolen identity information, payment instruments, credentials, or documentation shall constitute material breach and financial fraud.

The User expressly agrees and acknowledges that service delivery is deemed legally complete, final, and irrevocable upon the earliest occurrence of issuance of access credentials, allocation of IP addresses or other identifiers, provisioning of compute, storage, network, or license resources, or enabling of service access, regardless of actual usage, performance perception, business outcome, or subjective satisfaction.

Any chargeback, reversal, dispute, clawback, or payment challenge initiated after provisioning shall constitute abuse and material breach of this Agreement. The Company may, without limitation, suspend or terminate services, retain fees, disclose transaction and usage evidence to payment gateways, banks, card networks, regulators, and law-enforcement agencies, blacklist the User from future services, and pursue recovery, damages, and legal remedies. The User expressly waives any claim that service was not delivered, not consumed, or not beneficial.

8. PRIVACY, DATA PROCESSING & SUBORDINATION TO LAW

The User expressly acknowledges and agrees that privacy within infrastructure, hosting, networking, and cloud environments is inherently limited and subordinate to legal, regulatory, security, operational, and compliance obligations. The Company does not provide, promise, imply, or guarantee anonymity, secrecy, confidentiality, non-attribution, or resistance to identification.

All personal, technical, and operational data is processed strictly in accordance with applicable Indian law, regulatory directives, and lawful orders. The User irrevocably waives any expectation of privacy, confidentiality, or privilege that would conflict with statutory compliance, regulatory cooperation, lawful interception, data retention mandates, internal security measures, or risk-management requirements. No silence, omission, or technical design choice shall be construed as a privacy assurance.

8A. MANDATORY KYC, LOG RETENTION & DISCLOSURE CONSENT

In strict compliance with the Information Technology Act, 2000, CERT-In Directions (2022), and all other applicable laws, rules, and governmental directives, the Company mandates identity verification prior to service activation and retains technical, operational, authentication, access, and usage logs for the minimum period prescribed by law or for longer periods as determined necessary by the Company for operational, security, or legal risk purposes.

Such logs may include, without limitation, IP allocation records, routing data, timestamps, session metadata, authentication events, usage patterns, API calls, and system activity indicators. The User irrevocably consents to the collection, retention, processing, and disclosure of such information to law-enforcement agencies, CERT-In, courts, regulators, and other competent authorities without prior notice, consent, or opportunity to object, and expressly waives any claim, remedy, or defense arising from such disclosure.

9. PROHIBITED ACTIVITIES & STRICT LIABILITY STANDARD

The User is strictly prohibited from engaging in, facilitating, enabling, or allowing any activity that violates applicable law, infringes rights, compromises security, abuses infrastructure, or exposes the Company to legal, regulatory, financial, or reputational risk, including but not limited to cybercrime, unauthorized scanning, probing, exploitation, malware or botnet activity, phishing, anonymization for unlawful purposes, data harvesting, bulk or unsolicited communications, disinformation, or political manipulation.

Liability under this clause is strict and absolute and shall not depend on intent, knowledge, awareness, negligence, absence of malice, or delegation to third parties. The User accepts full responsibility for all outcomes of such activity. Any violation may result in immediate suspension or termination without notice, preservation and disclosure of data, cooperation with authorities, and permanent denial of service, without liability to the Company.

10. SERVICE CHARACTERIZATION & WARRANTY DISCLAIMER

All services are provided strictly as technical, passive infrastructure resources and not as managed services, consumer services, advisory services, or outcome-based offerings. The Company expressly disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, security, accuracy, non-infringement, availability, or uninterrupted operation.

The User acknowledges that infrastructure services involve inherent technical uncertainty, external dependency, and operational risk, and that no specific result, performance level, or business outcome is guaranteed. All risks associated with deployment, configuration, integration, and use are assumed exclusively by the User.

11. TERMINATION EFFECTS & DATA DISPOSITION

Upon suspension or termination of services for any reason whatsoever, all access rights immediately cease, all outstanding fees become immediately due and payable, and the Company may, at its sole discretion and without liability, retain, disclose, archive, migrate, anonymize, or permanently delete any data, configurations, or materials associated with the account, subject only to mandatory legal retention requirements.

The User irrevocably waives all claims arising from data loss, unavailability, retention, disclosure, or destruction following termination and acknowledges that the Company owes no duty of restoration, export, or transition assistance unless expressly required by non-waivable law.

12. ABSOLUTE INDEMNITY, LIABILITY SHIFT & RISK ALLOCATION

The User assumes exclusive civil, criminal, regulatory, administrative, and financial responsibility for all activity conducted through or in connection with the Company's infrastructure, whether directly or indirectly, and agrees to fully indemnify, defend, and hold harmless the Company, its affiliates, shareholders, directors, officers, employees, agents, contractors, and upstream providers from any and all claims, losses, penalties, fines, investigations, proceedings, damages, liabilities, costs, and expenses arising from such activity, including governmental, regulatory, and third-party actions.

The Company's role is strictly limited to providing neutral, passive technical infrastructure access and does not include supervision, monitoring, endorsement, validation, or control of User conduct. No act or omission by the Company shall be construed as participation in, knowledge of, or responsibility for User activity. All risk, without exception, is irrevocably allocated to the User.

13. SERVICE-SPECIFIC COMPLIANCE OBLIGATIONS (ABSOLUTE, NON-DELEGABLE)

The User expressly acknowledges and agrees that each category of service provided by Connect Quest HyperCloud Data Labs imposes distinct, heightened, and non-delegable legal and compliance obligations upon the User, and that the Company neither supervises nor controls the manner in which such services are utilized. In relation to VPN services, the User acknowledges that such services do not provide, promise, or imply anonymity, privacy guarantees, non-attribution, political neutrality, or immunity from monitoring, and that the User is deemed the sole legal operator and controller of all activity originating from the provisioned VPN infrastructure. In relation to VPS and Dedicated Server services, the User assumes exclusive responsibility for the operating system, applications, code, traffic, security posture, and all actions performed with root or administrative privileges, and expressly agrees that any attempt to evade law enforcement, bypass regulatory controls, interfere with network integrity, or engage in scanning, spoofing, abuse, or exploitation constitutes a material breach. In relation to storage services, the User acknowledges that encryption may not be used to conceal, shield, or obfuscate unlawful content, and that zero-tolerance enforcement applies to prohibited material. In relation to domain services, the User acknowledges that domain registrations are subject to registry, governmental, and law-enforcement authority, and that the Company may suspend, lock, transfer, or delete domains without notice in compliance with such authority. In relation to email and messaging services, the User acknowledges that opt-in compliance, header transparency, and reputation controls are mandatory and that any blacklist impact or abuse attribution constitutes grounds for immediate suspension. In relation to reseller services, the User acknowledges that the reseller is deemed the sole legal service provider to downstream users, assumes exclusive civil and criminal liability for downstream actions, and waives any claim of shared, contributory, or vicarious liability against the Company. Any breach of service-specific obligations shall entitle the Company to immediate enforcement action, including suspension, termination, data preservation, disclosure to authorities, and permanent denial of service, without notice or liability.

14. SERVICE LEVEL CHARACTERIZATION, NON-RELIANCE & DISCLAIMER

The User expressly acknowledges and agrees that any reference to uptime percentages, availability metrics, performance indicators, latency targets, redundancy descriptions, or operational benchmarks stated on the Company's website, documentation, communications, or marketing materials constitute internal operational objectives only and do not represent warranties, guarantees, service commitments, or contractual obligations. The User further acknowledges that infrastructure services are inherently subject to technical failure, upstream dependency, force majeure events, security incidents, abuse mitigation, regulatory intervention, and maintenance requirements, and that no assurance of uninterrupted service is possible. Unless a separate, written, and duly executed Service Level Agreement is entered into between the Company and the User, no credits, compensation, refunds, damages, or service extensions shall arise from downtime, degradation, interruption, or performance variance, and the User expressly waives any claim based on reliance upon stated or implied service levels.

15. REFUND POLICY, TRANSACTION FINALITY & WAIVER OF RESTITUTION

The User expressly acknowledges and agrees that all infrastructure services provided by the Company are provisioned resources whose value is realized immediately upon allocation, activation, credential issuance, IP assignment, or system access, and that such services are therefore non-refundable once provisioned, irrespective of usage, satisfaction, or subsequent termination. Any discretionary refund, credit, or reversal granted by the Company shall be deemed an exceptional, goodwill-based accommodation, shall not constitute an admission of fault or deficiency, shall not create precedent, and shall not give rise to any future expectation, entitlement, or obligation. The User expressly waives all claims for restitution, unjust enrichment, or recovery of consideration once services have been provisioned, to the maximum extent permitted by law.

16. BINDING ARBITRATION, EXCLUSIVE REMEDY & STATUTORY WAIVERS

The User irrevocably agrees that any dispute, claim, controversy, or allegation arising out of or relating to this Agreement, the services, the infrastructure, or any interaction with the Company shall be resolved exclusively through binding arbitration conducted under the Arbitration and Conciliation Act, 1996, with the seat and venue fixed at Guwahati, Assam, India. The User expressly acknowledges that the services constitute commercial infrastructure services and not consumer services, and accordingly waives, to the maximum extent permitted by law, any right to initiate or participate in proceedings before consumer forums, civil courts, regulatory tribunals, class actions, representative actions, or collective proceedings. Arbitration shall be the sole and exclusive remedy available to the User, and no interim, injunctive, or parallel proceedings shall be maintainable except as expressly permitted under the governing arbitration statute.

17. GOVERNING LAW, REGULATORY PRIMACY & CONFLICT RESOLUTION

This Agreement, and all rights, obligations, and disputes arising therefrom, shall be governed exclusively by and construed in accordance with the substantive laws of India, without regard to conflict-of-law principles. The User expressly acknowledges that Indian statutory, regulatory, and law-enforcement requirements shall take precedence over any contractual expectation, and that compliance with lawful orders, governmental directives, or regulatory mandates shall not constitute breach of contract, deficiency of service, or grounds for claim. Any conflict between this Agreement and mandatory provisions of Indian law shall be resolved in favor of statutory compliance, without invalidating the remainder of the Agreement.

18. SEVERABILITY, JUDICIAL MODIFICATION & CONTINUING ENFORCEABILITY

If any provision of this Agreement is held to be invalid, unenforceable, or unlawful by a court or arbitral tribunal of competent jurisdiction, such provision shall be severed or modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity, enforceability, or operation of the remaining provisions, which shall be construed to reflect the original intent of risk allocation and liability limitation embodied in this Agreement.

19. ENTIRE AGREEMENT, NON-RELIANCE & EXCLUSION OF EXTERNAL REPRESENTATIONS

This Agreement constitutes the complete, final, and exclusive statement of the terms governing the relationship between the User and the Company and supersedes all prior or contemporaneous agreements, understandings, communications, representations, assurances, marketing materials, or statements, whether oral, written, electronic, or implied. The User expressly acknowledges that no reliance has been placed on any statement, promise, or representation not expressly set forth herein, and waives any claim based on alleged reliance, inducement, misrepresentation, or omission outside the express terms of this Agreement.

20. AMENDMENTS, CONTINUING ACCEPTANCE & RISK ALLOCATION

The Company reserves the unilateral right to amend, modify, or update this Agreement at any time in response to legal, regulatory, operational, or risk considerations. Such amendments shall become effective upon publication or notification by any reasonable means, and the User's continued access to or use of the services after such amendment shall constitute irrevocable acceptance of the revised terms. If the User does not agree to amended terms, the User's sole remedy is to discontinue use of the services, and continued use shall be deemed conclusive evidence of acceptance and assumption of all associated risks.

21. ABSENCE OF MENS REA, KNOWLEDGE & INTENT

Notwithstanding anything contained in this Agreement, and without prejudice to any other limitation of liability, indemnity, or compliance provision herein, the User expressly acknowledges, agrees, and affirms that Connect Quest HyperCloud Data Labs, together with its directors, officers, shareholders, employees, agents, contractors, and authorized representatives, does not possess, assume, acquire, or exercise any mens rea, intention, knowledge, consent, complicity, inducement, or conscious participation in respect of any act, omission, activity, content, communication, transmission, or conduct carried out by the User or any downstream party utilizing the Company's infrastructure. The User expressly agrees that the Company operates solely as a passive, neutral, technical infrastructure intermediary, and that the provisioning, allocation, routing, or availability of infrastructure resources shall not be construed as approval, endorsement, facilitation, authorization, encouragement, or awareness of User conduct.

The User further agrees that mere technical capability, automated system operation, infrastructure availability, log retention, monitoring, abuse detection, or regulatory cooperation shall not constitute knowledge, intent, or participation for the purposes of criminal, quasi-criminal, or regulatory liability, and that no presumption of mens rea, constructive knowledge, deemed consent, or wilful blindness shall arise solely by virtue of the Company's role as an infrastructure provider. Any allegation seeking to attribute criminal intent, conspiracy, abetment, facilitation, or secondary liability to the Company or its personnel must be supported by direct, specific, and contemporaneous evidence establishing actual personal knowledge and deliberate participation, and not inferred from contractual relationships, infrastructure ownership, technical access, automated enforcement actions, or compliance with lawful orders.

The User expressly waives, to the maximum extent permitted by law, any claim, complaint, proceeding, or theory of liability premised upon constructive knowledge, implied intent, presumed awareness, vicarious liability, or strict attribution of User conduct to the Company or its directors and officers, and agrees that compliance with statutory obligations, CERT-In directions, law-enforcement requests, or internal risk mitigation measures shall not, under any circumstances, be treated as evidence of criminal intent or voluntary involvement. Nothing in this Agreement shall be construed as creating any duty on the Company to proactively investigate, police, or prevent User conduct beyond what is expressly mandated by applicable law.

22. NO DUTY TO MONITOR, POLICE OR INTERVENE

Absence of Monitoring Obligation & No Assumed Duty

Notwithstanding anything contained in this Agreement, any applicable policy, or any statutory or regulatory framework, the User expressly acknowledges, agrees, and affirms that Connect Quest HyperCloud Data Labs does not assume, undertake, or accept any duty—whether contractual, statutory, tortious, fiduciary, implied, constructive, or otherwise—to monitor, surveil, investigate, review, pre-screen, analyze, interpret, assess, or proactively police any User activity, traffic, content, data, communications, applications, or conduct occurring on, through, or in connection with the Company's infrastructure. The User further acknowledges that the Company's role is strictly limited to the passive provisioning of technical infrastructure resources, and that no obligation exists to detect, prevent, anticipate, or interdict unlawful, harmful, abusive, or non-compliant activity unless and until expressly required by a lawful order issued by a competent authority.

The User expressly agrees that any technical measures implemented by the Company—including but not limited to automated abuse detection systems, anomaly flagging, logging mechanisms, rate limiting, access controls, or compliance-driven monitoring—are undertaken solely for internal risk management, network integrity, or statutory compliance purposes, and shall not be construed as voluntary monitoring, active supervision, editorial control, or assumption of responsibility over User conduct. The existence, operation, or enhancement of such systems shall not create any duty of care, knowledge attribution, expectation of intervention, or heightened standard of responsibility, nor shall failure to detect, prevent, or act upon any activity give rise to any claim of negligence, facilitation, abetment, willful blindness, or breach of duty.

The User irrevocably waives, to the maximum extent permitted by law, any claim, allegation, or theory of liability premised upon an asserted duty to monitor, duty to prevent, duty to investigate, or duty to intervene, and agrees that inaction, delayed action, selective enforcement, or discretionary enforcement by the Company shall not constitute fault, complicity, or legal participation in User conduct.

23. LIABILITY FIREWALL & RISK ISOLATION FRAMEWORK

This Annexure establishes a deliberate and absolute liability firewall between Connect Quest HyperCloud Data Labs and all User activity, designed to isolate, contain, and prevent the migration of legal, regulatory, civil, criminal, financial, or reputational risk from the User domain into the Company domain.

A. Sole-Operator Attribution Doctrine

The User expressly acknowledges and agrees that, for all legal, regulatory, and evidentiary purposes, the User is deemed the sole operator, controller, initiator, and beneficiary of all activity originating from, routed through, executed upon, or associated with the infrastructure resources provisioned by the Company. No act, omission, configuration, or outcome arising from such activity shall be attributed to the Company, its infrastructure ownership, or its personnel merely by virtue of technical enablement, connectivity, or availability.

B. Non-Attribution of Infrastructure Enablement

The User expressly agrees that the provisioning of servers, IP addresses, storage, bandwidth, compute capacity, routing, automation, APIs, or access credentials shall not be construed as facilitation, encouragement, endorsement, authorization, approval, or awareness of User conduct. Infrastructure enablement is a neutral technical function and shall not give rise to any inference of participation, conspiracy, abetment, inducement, or shared intent.

C. Risk Containment & Downstream Isolation

All risks associated with User conduct—including regulatory exposure, criminal investigation, civil liability, financial penalties, reputational harm, data loss, or third-party claims—are contractually and irrevocably contained within the User's operational boundary. Such risks shall not propagate upstream to the Company, its directors, officers, employees, partners, upstream providers, or data centers, regardless of whether the Company is named, notified, or referenced in any complaint, FIR, notice, or proceeding.

D. Enforcement Actions as Protective, Not Participatory

Any suspension, termination, logging, data preservation, disclosure, cooperation with authorities, or enforcement action undertaken by the Company shall be deemed protective compliance measures intended solely to preserve network integrity, legal compliance, and institutional risk management. Such actions shall not be interpreted as acknowledgment of wrongdoing, admission of knowledge, assumption of responsibility, or participation in User conduct.

E. Express Waiver of Attribution Theories

The User expressly waives, to the maximum extent permitted by law, any attempt to impose liability upon the Company or its personnel under theories of:

  • vicarious liability
  • contributory liability
  • secondary liability
  • strict attribution
  • constructive knowledge
  • presumed intent
  • failure to prevent
  • failure to supervise
  • willful blindness

unless direct, contemporaneous, and specific evidence establishes personal, intentional, and knowing participation by identified Company personnel.

F. Survival & Supremacy

This Liability Firewall Annexure shall survive termination of services, suspension, investigation, arbitration, or litigation, and shall prevail over any conflicting interpretation of this Agreement to the maximum extent permitted by law.

24. NO AGENCY • NO PARTNERSHIP • NO JOINT VENTURE • NO AUTHORITY

Independent Infrastructure Provider & Absolute Non-Agency

Notwithstanding anything contained in this Agreement or any conduct of the parties, the User expressly acknowledges and agrees that no agency, partnership, joint venture, association, franchise, employment, fiduciary, representative, or collaborative relationship is created, implied, inferred, or assumed between the User and Connect Quest HyperCloud Data Labs. The Company acts solely as an independent, neutral provider of technical infrastructure access, and the User acts exclusively on their own behalf and at their own risk. The User has no authority, actual or apparent, to bind, represent, obligate, commit, or hold out the Company, its directors, officers, employees, agents, upstream providers, or data centers as participating in, endorsing, supervising, or authorizing any User activity.

The User expressly agrees that no statement, configuration, marketing claim, technical integration, automation, API interaction, reseller arrangement, or operational dependency shall be construed as creating any form of agency or shared enterprise, and that all acts undertaken by the User are undertaken solely in the User's own name and capacity. Any attempt by a User or third party to attribute User conduct to the Company under theories of agency, partnership, joint venture, enterprise liability, common purpose, or mutual benefit is expressly disclaimed and contractually barred, except to the extent mandatorily imposed by statute upon proof of direct personal involvement and intent by identified Company personnel.

25. NO DUTY TO WARN • NO DUTY TO ADVISE • NO DUTY TO FORESEE

Absence of Warning, Advisory, or Protective Obligations

The User expressly acknowledges and agrees that Connect Quest HyperCloud Data Labs does not assume, undertake, or accept any duty—contractual, statutory, tortious, fiduciary, implied, constructive, or otherwise—to warn, advise, notify, instruct, educate, caution, or alert the User or any third party regarding legal risks, regulatory exposure, security vulnerabilities, configuration errors, misuse potential, compliance requirements, or consequences arising from the User's use of infrastructure services. The Company does not provide legal, regulatory, security, compliance, or operational advice, and any informational material, documentation, notices, or communications provided are general, non-exhaustive, and non-reliance in nature.

The User expressly agrees that the Company has no duty to foresee, predict, anticipate, or prevent the consequences of User conduct, including third-party harm, regulatory action, or enforcement outcomes. The absence of warnings, delayed warnings, selective warnings, or discretionary communications shall not constitute negligence, facilitation, complicity, assumption of duty, or breach of any standard of care. The User irrevocably waives any claim premised upon failure to warn, failure to advise, failure to notify, or failure to prevent, to the maximum extent permitted by law.

26. DIRECTOR & OFFICER INDEMNITY INSURANCE ALIGNMENT & PRESERVATION CLAUSE

Corporate Indemnification, Insurance Alignment & Personal Liability Containment

Notwithstanding anything contained in this Agreement, the User expressly acknowledges and agrees that all actions, decisions, omissions, enforcement measures, compliance responses, disclosures, suspensions, terminations, monitoring configurations, logging practices, and cooperation with governmental or regulatory authorities undertaken by Connect Quest HyperCloud Data Labs are performed solely in a corporate, institutional, and governance capacity, and not in any personal, individual, or private capacity of any director, officer, shareholder, partner, employee, consultant, or authorized representative of the Company. The User further acknowledges that such actions are undertaken pursuant to corporate policy, risk management protocols, statutory compliance obligations, and institutional decision-making processes, and shall be deemed acts of the Company alone.

The User expressly agrees that no director or officer of the Company shall be personally liable for any claim, loss, damage, investigation, inquiry, proceeding, notice, demand, penalty, or enforcement action arising out of or relating to the provision, suspension, termination, monitoring, disclosure, or enforcement of services, except to the extent that personal liability is mandatorily imposed by statute upon proof of direct, intentional, and knowing personal misconduct. The User irrevocably waives, to the maximum extent permitted by law, any attempt to assert personal, vicarious, derivative, secondary, or contributory liability against any director or officer based on theories of position, designation, supervisory role, decision approval, risk awareness, compliance oversight, or institutional authority.

The User further acknowledges and agrees that the Company maintains, or may maintain, Directors' and Officers' Liability Insurance (D&O Insurance) and other risk transfer instruments for the protection of its directors and officers, and that this Agreement is expressly intended to preserve, support, and not prejudice the availability, enforceability, or scope of such insurance coverage. Accordingly, the User agrees that no allegation, pleading, notice, complaint, arbitration claim, or proceeding shall assert or imply personal knowledge, intent, participation, conspiracy, or mens rea on the part of any director or officer solely by virtue of their corporate role, as such assertions would be inconsistent with the agreed allocation of risk and may improperly prejudice insurance coverage.

All enforcement actions, compliance responses, disclosures to authorities, or internal risk mitigation measures undertaken by the Company shall be conclusively deemed good-faith corporate acts performed in the ordinary course of business, for the purpose of regulatory compliance and institutional protection, and shall not be construed as admissions of fault, wrongdoing, or personal involvement by any director or officer. The User expressly agrees that the Company's indemnification obligations toward its directors and officers, and the availability of D&O Insurance coverage, shall take precedence over any contrary interpretation of this Agreement, and that no claim shall be advanced that would have the effect of voiding, limiting, or impairing such coverage except as required by non-waivable law.

This clause shall survive termination of services, account closure, investigation, arbitration, litigation, insolvency, or winding-up, and shall apply with full force to any claim, notice, inquiry, or proceeding initiated during or after the term of this Agreement.

27. DIRECTOR & OFFICER PERSONAL LIABILITY

Notwithstanding anything contained herein or any applicable law, the User expressly acknowledges and agrees that all services are provided by Connect Quest HyperCloud Data Labs solely in its capacity as a corporate infrastructure intermediary, and that no director, officer, shareholder, partner, employee, consultant, contractor, or authorized representative of the Company shall be deemed to have assumed any personal duty, obligation, liability, or responsibility toward the User or any third party in connection with the provision, suspension, termination, monitoring, or enforcement of services. The User irrevocably waives and releases any claim, proceeding, complaint, or action seeking to impose personal, vicarious, derivative, or secondary liability upon any such individual, except to the extent mandatorily imposed by statute upon proof of direct personal involvement and mens rea. All acts undertaken by Company personnel in furtherance of compliance, security, abuse prevention, lawful disclosure, or operational enforcement shall be deemed acts of the Company alone and not of the individual actor.

28. GOVERNMENT / LAW-ENFORCEMENT NOTICE RESPONSE ANNEXURE

Connect Quest HyperCloud Data Labs confirms that it operates exclusively as an infrastructure intermediary providing passive technical resources to verified users and does not exercise editorial, supervisory, or operational control over user-generated content, traffic, or applications. All infrastructure access is provisioned subject to mandatory identity verification, logging, and compliance obligations under Indian law. Upon receipt of any lawful notice, directive, or order issued by a competent authority, the Company preserves relevant logs and subscriber information in accordance with statutory requirements and cooperates fully with investigative agencies. The Company does not obstruct, delay, or interfere with lawful investigations and does not assert contractual confidentiality or privacy claims against statutory disclosure obligations.

29. GOVERNMENT-FACING COMPLIANCE & REGULATORY ANNEX

Regulatory Compliance Declaration

Connect Quest HyperCloud Data Labs maintains internal compliance mechanisms aligned with applicable provisions of the Information Technology Act, 2000, associated rules, and CERT-In Directions (2022). These mechanisms include mandatory customer identification prior to service activation, retention of technical and access logs for statutorily prescribed periods or longer where operationally required, internal abuse detection and response procedures, and designated escalation channels for lawful requests. The Company operates under a policy of regulatory primacy, whereby compliance with lawful governmental directives supersedes contractual expectations, without constituting breach or deficiency. The Company does not provide anonymity services, privacy guarantees, or content moderation assurances beyond statutory obligations and does not market its services as tools for evasion, concealment, or circumvention of law.

30. SECTION 30 PLACEHOLDER

This section is reserved for future use or additional provisions as may be required by law or regulation.

31. DIRECTOR / OFFICER SAFE-HARBOR CLARIFICATION

All enforcement actions, including suspension, termination, data disclosure, or cooperation with authorities, are undertaken as institutional compliance decisions based on risk assessment, legal obligation, or operational necessity. No such action shall be construed as voluntary participation in user conduct or endorsement thereof. Directors and officers act solely in a governance and compliance capacity and do not participate in user activity.

32. WRIT JURISDICTION EXCLUSION & PRIVATE LAW CHARACTERIZATION

The User expressly acknowledges, agrees, and affirms that Connect Quest HyperCloud Data Labs is a private commercial infrastructure provider operating under purely contractual and private-law arrangements, and does not perform any sovereign, statutory, public, governmental, or quasi-governmental function, nor exercise any powers or duties that are public in nature.

Accordingly, the User irrevocably agrees that no writ, petition, or proceeding under Article 226 of the Constitution of India shall be maintainable against the Company, its directors, officers, employees, or agents in relation to this Agreement, the services, or any action taken thereunder, including suspension, termination, data disclosure, regulatory cooperation, payment disputes, or enforcement measures, all of which arise exclusively from private contractual rights and obligations.

The User expressly waives any attempt to invoke public-law remedies, constitutional jurisdiction, or judicial review on the basis of alleged arbitrariness, unfairness, natural justice, proportionality, or public duty, and agrees that all disputes shall be resolved solely through the private dispute-resolution mechanisms expressly provided in this Agreement, subject only to non-waivable statutory mandates. Any attempt to invoke writ jurisdiction in contravention of this clause shall constitute abuse of process and material breach.

33. INFRASTRUCTURE SERVICE DELIVERY & PAYMENT FINALITY – EXPLANATORY NOTE

Connect Quest HyperCloud Data Labs provides non-consumer, commercial infrastructure services, including compute, network, storage, and related technical resources. Service delivery is non-tangible and instantaneous, and is deemed complete upon provisioning events such as credential issuance, IP allocation, or resource activation.

Once provisioning occurs:

  • The service is technically delivered
  • The value is immediately realized
  • The service cannot be returned, revoked, or re-sold

Accordingly:

  • Refunds are discretionary and exceptional
  • Chargebacks after provisioning are treated as misuse or fraud
  • Provisioning logs, access records, and system timestamps constitute objective proof of delivery

Payment gateways act solely as transaction processors and do not evaluate service quality, legality, or compliance. Any gateway-initiated refund, reversal, or dispute resolution is procedural only and does not constitute an admission of service failure, deficiency, or wrongdoing by the Company.

The Company cooperates fully with lawful banking and regulatory requests while maintaining strict compliance with Indian law, CERT-In directions, and contractual risk allocation.

34. MALICIOUS COMPLAINT, CRIMINAL MISUSE & ABUSE-OF-PROCESS DETERRENCE

The User expressly acknowledges and agrees that the filing or initiation of any criminal complaint, FIR, cyber-crime report, or magistrate application against the Company or its directors, officers, or employees, without direct, specific, and contemporaneous evidence of personal, intentional criminal participation, shall constitute malicious prosecution and abuse of legal process.

The User further acknowledges that:

  • Mere provision of infrastructure
  • Automated system operation
  • Logging, monitoring, or data retention
  • Regulatory or law-enforcement cooperation
  • Payment processing or suspension actions

do not constitute criminal intent, facilitation, abetment, or conspiracy under Indian law.

Any criminal complaint or proceeding initiated in bad faith, for leverage in civil, contractual, payment, or regulatory disputes, or to coerce refunds or service restoration, shall be deemed vexatious, and the Company reserves the right to:

  • Seek quashing of proceedings
  • Pursue costs and damages
  • Initiate counter-proceedings for abuse of process

This clause survives termination and shall apply to all post-termination conduct.

35. CONTACT INFORMATION

Crystel Grove Flat 1A
318 Dr. BN Saikia Road
Guwahati, Assam – 781028
enquiry@connectquest.co.in

36. FINAL IRREVOCABLE ACCEPTANCE

By using the services, the User irrevocably accepts all risks, waives statutory protections to the extent permitted by law, consents to monitoring and disclosure, and agrees to be bound exclusively by this Agreement.