Terms of Service

This cloud platform is operated by SDSM Analytics Private Limited (CIN: U72900MH2020PTC345678), trading as "Delphi Cloud" ("Company", "we", "us", "our"). By accessing or using any Delphi Cloud services, you ("Customer", "you", "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, Acceptable Use Policy, and Service Level Agreement, which together form the complete agreement.

1. Service Description

Delphi Cloud provides Infrastructure as a Service (IaaS) cloud computing, including but not limited to:

• Virtual Machines (Compute instances)
• Block Storage, Snapshots, and Backups
• Custom Images
• Virtual Private Networks, Subnets, and Routers
• Floating IPs (Elastic IP addresses)
• Load Balancers (Application and Network)
• Database as a Service (DBaaS) — PostgreSQL, MySQL, MariaDB
• Data Transfer (ingress free, egress metered)
• APIs and CLI access for programmatic resource management

Services are delivered electronically via the Delphi Cloud Console at console2.delphicloud.ai and are available 24/7 subject to scheduled maintenance windows.

2. Account Registration and Eligibility

You must be at least 18 years old and have the legal authority to bind yourself or your organization to these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account, whether authorized by you or not. You must immediately notify us of any unauthorized access at info@delphicloud.ai.

You agree to provide accurate, current, and complete registration and billing information and to keep it updated. We reserve the right to suspend accounts with materially inaccurate information.

3. Billing and Payment

Pay-as-you-go model: Services are metered in real-time and billed on a usage basis. Bills are generated on the 1st of each calendar month for the previous month's usage. All bills are due within 30 days of generation.

Currency and Taxes: Prices are listed in USD. All charges are subject to applicable taxes, including GST at 18% for customers in India (SAC Code: 998315 — IT infrastructure provisioning services). You are responsible for providing a valid GSTIN for input tax credit eligibility and for filing timely GST returns. TDS, if applicable, must be deposited at statutory rates and certificates provided within statutory timelines.

Payment Methods: Payments are processed securely via Razorpay (PCI DSS Level 1 compliant). We accept UPI, credit cards, debit cards, and net banking. Autopay may be enabled for automatic monthly billing with your authorization.

Price Changes: We may modify pricing with 30 days' prior notice via email and on our pricing page. Price changes apply prospectively and do not affect usage already billed. Continued use after a price change constitutes acceptance.

Invoice Disputes: If you believe an invoice contains an error, you must notify us at info@delphicloud.ai within 7 days of receipt. We will investigate and issue corrections or credits where warranted. Undisputed portions remain due on the original due date.

4. Customer Data and Backups

Ownership: You retain full ownership of all data you store on Delphi Cloud ("Customer Data"). We do not access, use, modify, or share your data except as strictly necessary to provide the service, comply with law, or respond to your support requests.

Backup Responsibility: You are solely responsible for creating and maintaining backups of your Customer Data. While we provide backup and snapshot tools, we do not guarantee data preservation in the event of hardware failure, software malfunction, or force majeure. We strongly recommend maintaining off-platform backups of critical data.

Data Portability: You may export your data at any time using our APIs, console download features, or standard tools (SCP, rsync). Upon account termination, data is available for export during the 30-day grace period.

5. Acceptable Use Policy

You may not use Delphi Cloud services for:

• Any activity that violates applicable law, including the Information Technology Act, 2000
• Cryptocurrency or blockchain mining without prior written approval
• Sending spam, bulk unsolicited messages, or phishing
• Hosting content that infringes intellectual property rights
• Conducting or facilitating DDoS attacks, port scanning, or network probing of third-party systems
• Running open DNS resolvers, open SMTP relays, or open proxies
• Hosting obscene, defamatory, or unlawful content under Indian law
• Activities that degrade service quality for other customers
• Reverse engineering, decompiling, or attempting to extract source code of our platform
• Reselling services without a written reseller agreement

We may suspend accounts violating this policy immediately and without prior notice if the violation poses a security risk. For other violations, we will provide 24-hour notice and opportunity to cure before suspension.

6. Account Suspension and Termination

Non-payment: Accounts with bills overdue by more than 15 days will receive a payment reminder. Accounts overdue by more than 30 days may be suspended. Suspended accounts cannot create new resources; existing resources continue running for a 15-day grace period. After 45 days of non-payment, all resources may be de-provisioned and Customer Data permanently deleted.

Policy violation: Accounts in violation of the Acceptable Use Policy may be suspended immediately for security-related violations, or after 24 hours' notice for other violations.

Voluntary termination: You may terminate your account at any time by emailing info@delphicloud.ai. Upon termination, you must settle all outstanding bills. Your data remains available for export for 30 days. After the grace period, all resources and data are permanently deleted.

Charges during suspension: You remain liable for all charges incurred until de-provisioning is complete. Resources continue to be billed while running, including during suspension periods.

7. Service Level Agreement

We target 99.9% monthly uptime for compute and block storage services, measured as (total minutes in month - downtime minutes) / total minutes in month.

Exclusions: Scheduled maintenance (announced 48 hours in advance), force majeure events, customer-initiated actions, and third-party service failures are excluded from uptime calculations.

Service credits: If we fail to meet the SLA in a given month, you may request service credits within 30 days of the incident. Credits are calculated as a percentage of the monthly bill for the affected service, capped at 30%, and applied to future bills. Service credits are the sole and exclusive remedy for SLA breaches.

8. Intellectual Property

We retain all rights, title, and interest in the Delphi Cloud platform, console, APIs, documentation, and underlying technology. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the services during the term of your account.

Any feedback, suggestions, or ideas you provide regarding our services become our property and may be used without restriction or compensation.

9. Third-Party Services

Certain features rely on third-party services including Razorpay (payments), and third-party software images. We are not responsible for third-party service availability, terms, or performance. Your use of third-party services is governed by their respective terms and policies.

10. Regulatory Compliance (India)

In accordance with CERT-In directives and the Information Technology Act, 2000, we maintain ICT system logs and may be required to provide subscriber information and logs to Government Authorities upon valid legal process. You acknowledge that we may comply with lawful data requests without prior notice to you where legally required.

11. Disclaimer of Warranties

Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or uninterrupted/error-free operation. We do not warrant that the services will meet your specific requirements or that defects will be corrected.

12. Limitation of Liability

To the maximum extent permitted by law, our total cumulative liability for any claims arising out of or related to these Terms shall not exceed the total fees paid by you in the 12 months preceding the event giving rise to the claim.

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity, even if advised of the possibility of such damages.

13. Indemnification

You agree to indemnify and hold harmless SDSM Analytics Private Limited, its directors, officers, employees, and affiliates from any claims, damages, or expenses (including legal fees) arising from: your breach of these Terms, your violation of any law, infringement of third-party rights by your Customer Data, or your end users' actions.

14. Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation for 30 days. If unresolved, the dispute shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator. The seat and venue of arbitration shall be Nagpur, Maharashtra, India. The language of proceedings shall be English.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause above, the courts in Nagpur, Maharashtra shall have exclusive jurisdiction.

16. Modifications

We may update these Terms from time to time. Material changes will be notified via email to your registered address at least 30 days before taking effect. The updated Terms will be posted on this page with a revised date. Continued use of the service after the effective date constitutes acceptance.

17. Severability

If any provision of these Terms is found unlawful or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

18. Contact

Questions about these Terms should be sent to: