Terms of Service
1.Definitions and interpretation
In this Agreement, unless the context requires otherwise:
- "Agreement" means these Terms of Service, the Privacy Policy, the API Terms where the User makes programmatic use of the Services, the Refund Policy, and any order form or production agreement executed between the parties, as amended from time to time; in case of conflict, a signed order form or production agreement prevails;
- "Company" means Dreamfuel Technologies Private Limited, AshaYog Unit 104, Vijaya Nagar Colony, Pune 411030, India, together with its affiliate Eximtech Inc., 16192 Coastal Highway, Lewes, DE 19958, USA (collectively "Eximfiles", "we", "us");
- "Government Authority" means any governmental, statutory, or regulatory authority of India or its electronic systems, including without limitation the Directorate General of Foreign Trade, and "Government Portal" means any online portal or interface operated by or for a Government Authority;
- "Credentials" means any sign-in details, passwords, tokens, or keys the User provides to enable the Services, including credentials for a Government Portal;
- "eBRC" means an Electronic Bank Realisation Certificate, a document issued through a Government Authority. The term is generic: it names the certificate, not the Platform;
- "Platform" or "Services"means the software workspace, website, and API made available at ebrc.in and app.ebrc.in, an Eximfiles product, through which the User prepares, instructs, and monitors regulatory filings and retrieves related records and certificates;
- "User" or "you" means the person or entity accepting this Agreement, including each exporter entity connected under an account;
- "User Instruction" means any action initiated, approved, scheduled, or confirmed by the User or its authorised personnel through the Services, including a submission made in Live mode, a bulk file upload, an API call made with the User's credentials or keys, and any standing configuration the User enables; and
- "User Content" means data, records, files, and information provided by the User or retrieved from a Government Portal on the User's behalf.
Headings are for convenience only. "Including" means "including without limitation".
2.Acceptance; electronic contract; records
This Agreement is an electronic contract validly formed under the Information Technology Act, 2000 and the Indian Contract Act, 1872. The User accepts it by any of: ticking the acceptance box at sign-up; creating an account; connecting a Government Portal account; or using any part of the Services, whichever occurs first. No physical signature is required, and the User waives any objection to the formation or enforceability of this Agreement on the ground that it was concluded electronically. The Company maintains records of the date, time, and manner of acceptance and of User Instructions, and the User agrees that such records shall be presumed accurate and shall be admissible as evidence of the matters they record.
3.Eligibility; authority
The Services are offered solely to persons carrying on business, not to consumers for personal use. The User represents and warrants on a continuing basis that: (a) it is validly registered and competent to contract; (b) it holds, or acts with the authority of the holder of, every registration and identifier it uses in the Services, including any Importer Exporter Code; (c) the individual accepting this Agreement is duly authorised to bind the User; and (d) all information it provides is and will remain true, accurate, and complete.
4.The Services
The Services provide a workspace and programmatic interface through which the User conducts its own regulatory compliance: retrieving its records from Government Portals, preparing filings, and transmitting filings it has approved. All certificates, approvals, and outcomes are issued by the relevant Government Authority and never by the Company. The Company is a technology provider; it is not affiliated with, endorsed by, or an agent of any Government Authority, and it renders no legal, tax, customs, or professional advice. Indicative timelines shown in the Services reflect typical third-party behaviour and are not commitments.
5.Authorisation and mandate
The Services operate exclusively upon the User's permission. By accepting this Agreement, and again by each act of connecting a Government Portal account or supplying Credentials, the User grants the Company an express, informed, and recorded authorisation, and appoints the Company as its authorised agent under standing instruction, to:
- collect, store, and use the User's Credentials to access the relevant Government Portal on the User's behalf;
- retrieve, refresh, and store the User's records, repositories, and certificates, on demand and on schedule;
- prepare, complete, self-certify, execute, and transmit filings and related portal actions pursuant to User Instructions, in test or in live environments; and
- receive, download, and store the resulting documents in the User's workspace.
Attribution of acts. Every act performed under this mandate pursuant to a User Instruction is deemed for all purposes, civil, regulatory, and evidentiary, to be the act of the User personally, carried out with the User's full knowledge and authority, as if performed by the User directly on the relevant Government Portal. The User irrevocably agrees not to challenge, repudiate, or dispute the validity, authority, or attribution of any filing or action carried out pursuant to a User Instruction, whether as against the Company, any Government Authority, or any third party, on the ground that it was effected through the Services.
Exclusivity of automated access. For so long as a Government Portal account remains connected, the User shall not grant any third party a concurrent automated mandate over the same account, and shall not itself take actions on that account that conflict with instructions pending in the Services. The Company may suspend or pause a connection where it detects interference, credential changes, or anomalies that could compromise the safety, integrity, or auditability of operations.
Revocation. The mandate is revocable at will by disconnecting the relevant account or changing the underlying Credentials. Revocation operates prospectively only: it does not affect filings already transmitted, instructions already in execution, or the Company's right to retain records as required by law or for the establishment or defence of legal claims.
6.User Instructions; approval workflow
The User is solely responsible for every User Instruction. An instruction transmitted to a Government Portal cannot be recalled, and the User acknowledges that live submissions are legally binding regulatory acts of the User. Test environments produce no binding effect; the transition to live submission requires the User's explicit confirmation, and each output records the environment that produced it. The Company may rely conclusively on any instruction received through the User's account or API keys, and is under no duty to verify the substance, prudence, or lawfulness of an instruction beyond the format validations the Services perform.
Duty to review. The User shall review the filings, certificates, records, and outputs available in its workspace promptly, and shall notify the Company at amin@eximfiles.io of any suspected error, unauthorised instruction, or discrepancy within 30 days of the item first becoming available to it. Absent such notice, the item and the Company's records of it shall be deemed accurate and accepted by the User, without prejudice to rights that cannot be excluded under applicable law.
7.Credentials and account security
Credentials are stored encrypted at rest and are not displayed back after entry, including to the User. The User shall keep its account access secure, maintain Credentials current within the Services following any change made at the source, restrict access to authorised personnel, and notify the Company without delay at amin@eximfiles.io of any suspected compromise. The User bears the consequences of instructions given by any person it has permitted, expressly or by negligence, to access its account.
8.Representations and warranties of the User
The User represents, warrants, and undertakes that:
- it owns or lawfully controls every account, identifier, and Credential it connects or supplies;
- each filing it instructs is truthful, lawful, and supported by genuine underlying transactions and documents;
- its use of the Services will comply with all applicable law, including foreign exchange, customs, tax, and data protection law;
- it will review filings before approval and maintain its own records of its transactions; and
- no consent, approval, or filing other than those it has obtained is required for it to enter into and perform this Agreement.
9.No professional advice; no guarantee of outcomes
Format validation, pre-filled fields, guides, and other assistance in the Services are provided for convenience only and do not constitute legal, tax, or professional advice, and do not guarantee acceptance of any filing or the success of any claim or entitlement. The User is responsible for obtaining its own professional advice.
10.API, enterprise, and platform accounts
API access is governed by the API Terms published at ebrc.in/api-terms, which are incorporated into this Agreement, together with published rate limits and technical documentation. Sandbox access is the default; production access requires a signed non-disclosure and production agreement and may carry fees stated therein. Instructions received under an account's API keys are conclusively User Instructions of the account holder or of the connected entity to which they relate, and custody of API keys is entirely the account holder's responsibility.
Enterprise accounts. Where an account holds several exporter entities, such as subsidiaries or divisions, each connected entity is itself a User bound by this Agreement, each files as itself under its own Government Portal connection, and the account holder represents and warrants on a continuing basis that it has the authority of every connected entity to accept this Agreement and to give User Instructions on its behalf.
Platform accounts. Where the User operates a platform whose own customers are connected as exporter entities: (a) each end customer is itself a User that must have granted the Section 5 authorisation at its own connection step, and the platform shall not cause, and shall prevent, any filing for a party that has not done so; (b) the platform is responsible, as between the platform and the Company, for all instructions, data, and personal data it transmits in respect of its end customers, and warrants that it has obtained every consent, notice, and lawful basis required, including under the DPDP Act, to share that data with the Company for the operation of the Services; (c) the platform shall pass through to its end customers terms no less protective of the Company than this Agreement, and remains jointly and severally responsible with each end customer for compliance with it; and (d) the indemnity in Section 20 extends to claims by or relating to the platform's end customers.
11.Fees and taxes
Except as stated in a signed order or production agreement, the workspace is currently provided without charge. All government fees, bank charges, penalties, and taxes arising from the User's filings or business are solely the User's. Agreed fees are exclusive of taxes, which the User shall bear. The Company may introduce or revise fees, plans, or usage allowances prospectively, on reasonable prior notice given through the Services or by email; if the User does not accept a change, its remedy is to terminate under Section 21 before the change takes effect, and continued use thereafter constitutes acceptance.
12.Acceptable use
The User shall not, and shall not permit any person to:
- use the Services for any account or identifier it is not authorised to act for, or misrepresent its identity or authority;
- instruct any filing that is false, misleading, fraudulent, or unlawful, or use the Services to circumvent any law;
- interfere with, probe, scan, overload, or disrupt the Services or any Government Portal, or exceed published API limits;
- introduce malicious code, or access data of any other user;
- access the Services by any automated means other than the documented API, or harvest, scrape, or systematically extract data, content, or interface elements of the Services;
- copy, modify, reverse engineer, or create derivative works of the Services except as law permits notwithstanding this clause; or
- resell, sublicense, or white-label the Services except under a written platform agreement.
13.User Content; licence to operate
As between the parties, User Content belongs to the User. The User grants the Company a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, and display User Content solely: (a) to provide, secure, and support the Services; (b) to comply with law and enforce this Agreement; and (c) in aggregated or de-identified form that cannot identify the User or its transactions, to operate, develop, test, and improve the Services and new features and offerings. The Services provide export of the User's documents and ledgers at any time while the account is active.
14.Intellectual property
The Services, including software, interfaces, designs, documentation, and marks, are and remain the exclusive property of the Company and its licensors. The User receives only a limited, revocable, non-exclusive, non-transferable licence to use the Services for its own compliance during the term. No rights are granted by implication.
15.Confidentiality
Each party shall keep confidential the non-public information of the other disclosed in connection with the Services, using it only to perform this Agreement, and protecting it with no less than reasonable care. This obligation does not apply to information that is public without breach, independently developed, or required to be disclosed by law, in which case the disclosing party shall, where lawful, give prompt notice.
16.Third-party systems
The Services depend on systems outside the Company's control, including Government Portals, banking channels, and network infrastructure. The Company does not warrant their availability, accuracy, or timeliness, is not responsible for their acts, omissions, outages, data, or rejections, and may suspend the Services where a third-party system makes safe operation impracticable.
17.Disclaimers
The Services are provided "as is" and "as available", with all faults. To the maximum extent permitted by law, the Company disclaims all warranties and conditions, express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade, and does not warrant that the Services will be uninterrupted, error-free, or secure, or that any filing will be accepted or entitlement realised.
18.Assumption of risk
The User acknowledges that regulatory filings carry inherent consequences, that outcomes rest with Government Authorities, and that the User alone selects, reviews, and approves the instructions it gives. To the maximum extent permitted by law, the User assumes the risks arising from its instructions and from regulatory or policy changes.
19.Limitation of liability
To the maximum extent permitted by law: (a) in no event shall the Company be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, data, or anticipated incentives, however caused and under any theory of liability, even if advised of the possibility; and (b) the Company's total aggregate liability arising out of or relating to the Services in any twelve-month period shall not exceed the greater of the fees actually paid by the User to the Company for the Services in that period or INR 10,000. These limitations apply notwithstanding the failure of any limited remedy, and do not limit liability that cannot be limited under applicable law, including for fraud or wilful misconduct. The protections in this Section extend to, and may be enforced by, the Company's affiliates and their respective officers, employees, and agents. To the maximum extent permitted by law, the User waives any right to injunctive or other equitable relief that would prevent or restrict the operation of the Services, its remedy being limited to damages subject to this Section.
20.Indemnification
The User shall defend, indemnify, and hold harmless the Company, its affiliates, and their officers, employees, and agents from and against all claims, demands, actions, penalties, fines, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) User Content or the substance of any filing made pursuant to a User Instruction; (b) the User's breach of this Agreement or of applicable law; (c) use of the Services for any account or party without sufficient authority; or (d) disputes between the User and any third party, including any Government Authority, concerning the User's filings or business.
21.Term; suspension; termination; survival
This Agreement applies from first acceptance and continues until terminated. The User may terminate at any time by closing its account and disconnecting its Government Portal accounts. The Company may suspend or terminate access, with notice where practicable, for breach, legal or security risk, extended inactivity, or non-payment of agreed fees. Upon termination the User may export its data for 30 days, after which the Company may delete it subject to retention required by law. Sections 1, 2, 5 (attribution and records), 6, 8, 9, and 13 through 26 survive termination.
22.Modifications
The Company may modify the Services and may amend this Agreement by posting a revised version with a revised date, giving notice through the Services or by email for material changes. Continued use after the effective date constitutes acceptance. If the User does not accept an amendment, its remedy is to terminate under Section 21 before the effective date.
23.Governing law; arbitration; class waiver
This Agreement is governed by the laws of India, without regard to conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement or the Services that is not resolved through the grievance process shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement, seated in Pune, Maharashtra, conducted in English; the award shall be final and binding. Subject thereto, the courts at Pune have exclusive jurisdiction. All claims shall be brought in the parties' individual capacity and not as part of any class or representative proceeding.
24.Grievance redressal
The Grievance Officer under applicable Indian law is Amin Naik, amin@eximfiles.io. Grievances are ordinarily acknowledged within 48 hours and resolved within 30 days. The User agrees to raise disputes first through this process and to cooperate reasonably with requests for information.
25.Notices; electronic communications
The User consents to receive notices, disclosures, and communications electronically, at the email address on its account or within the Services, and agrees that electronic communications satisfy any legal requirement of writing. Notices to the Company shall be sent to amin@eximfiles.io and are effective on receipt.
26.Miscellaneous
This Agreement is the entire agreement between the parties regarding the Services and supersedes all prior understandings. The User confirms that it has not relied on any statement, marketing description, demonstration, or projection not expressly recorded in this Agreement. Except for the persons expressly protected by Section 19 or indemnified under Section 20, this Agreement confers no rights on any third party. This Agreement shall be construed neutrally and not against either party as its drafter. If any provision is held invalid, it shall be enforced to the maximum extent permissible and reformed to reflect the parties' intent, and the remainder shall continue in force. No waiver is effective unless in writing, and no failure to enforce is a waiver. The User may not assign this Agreement without the Company's written consent; the Company may assign it to an affiliate or in connection with a merger, acquisition, or transfer of assets. Nothing in this Agreement creates a partnership, joint venture, or employment relationship, and the Company's agency is strictly limited to the mandate in Section 5. Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of Government Authorities, outages of Government Portals, and force majeure events.