Terms of Service
Effective Date: June 2026 | Version 1.0
Operated by: BLACK FORCE SERVICES | GSTIN: 07ABBFB3622R1Z9
1. Definitions
"Platform" means the GemSetu SaaS platform at www.gemsetu.com. "Company" means BLACK FORCE SERVICES, a Partnership Firm, GSTIN 07ABBFB3622R1Z9, D-11, Sanjay Mohalla, Gali Number 2, Bhajanpura, New Delhi, North East Delhi, Delhi, 110053, India. "User" means any natural person or legal entity that registers for or uses the Platform.
"GeM" means the Government e-Marketplace. GemSetu is an independent third-party tool and is NOT affiliated with, endorsed by, or part of the Government e-Marketplace or any government entity.
2. Acceptance
By accessing or using the Platform, you agree to be bound by this Agreement. This constitutes a valid contract under the Indian Contract Act, 1872. You must be at least 18 years of age and duly authorised to bind your business entity.
3. Description of Services
The Platform provides SaaS tools for Indian GeM sellers, including tender discovery, bid tracking, document management, order tracking, payment tracking, demand letter generation, AI-assisted HSN/SAC suggestions (opt-in), and community features.
Disclaimer:We do not guarantee GeM will accept any bid or tender prepared using the Platform. The Platform is a tool to assist sellers; ultimate success depends on the seller's own merit, pricing, and compliance.
4. Subscription Plans
Free Tier: Limited features at no cost. Subject to same obligations as paid users.
Founding Member Pricing: First 90 individual + 10 agency subscribers lock in the founding rate (50% off) for as long as their subscription stays continuously active. The discount applies only while subscribed and is forfeited if cancelled.
Payment: Via Razorpay UPI Autopay, cards, or net banking. GST extra at 18%. No refunds for partial months.
Auto-Renewal: Monthly auto-renewal unless cancelled 7 days before renewal. Price escalation capped at 15% with 30 days notice.
5. User Obligations
- Use Platform solely for lawful GeM selling and compliance
- Comply with DPDP Act 2023, GST laws, IT Act 2000, and GeM guidelines
- Do not upload illegal, defamatory, or infringing content
- Do not send spam or unsolicited communications
- Do not interfere with Platform integrity or performance
- Do not attempt unauthorised access to other accounts or systems
- Maintain security of account credentials
- Ensure accuracy of Customer Data uploaded
- Obtain necessary consents for personal data of employees/representatives
6. Prohibited Activities
6.1 Reverse Engineering
You shall not decompile, disassemble, decode, decrypt, reconstruct, or derive source code, algorithms, database schemas, API logic, or ML models. This includes using debuggers, sniffers, decompilers, or static/dynamic analysis tools. This obligation survives termination indefinitely.
6.2 Scraping & Data Harvesting
You shall not use bots, crawlers, spiders, scripts, or systematic manual copying to extract data from the Platform. You shall not create databases containing Platform data.
6.3 Competitive Intelligence
You shall not use Platform data, outputs, or features to develop, improve, or market a competing product or service. You shall not conduct comparative benchmarking or product teardowns for competitive purposes.
Violation constitutes MATERIAL BREACH. We may immediately suspend/terminate your account and pursue legal remedies including copyright infringement claims, trade secret misappropriation, and damages.
7. Intellectual Property
All IP in the Platform (software, algorithms, databases, UI, designs, logos, trademarks including "GemSetu") remains the exclusive property of BLACK FORCE SERVICES. You retain ownership of your Customer Data. You grant us a limited licence to process it solely for providing the Platform.
8. Data Protection & DPDP Compliance
Your use is governed by our Privacy Policy. We act as Data Fiduciary for data collected directly from you, and as Data Processor for data of your employees that you upload. The Data Processing Agreement applies where we process data on your behalf.
9. Service Level Agreement
Uptime Commitment: 99.5% monthly, excluding scheduled maintenance (48h notice), emergency maintenance, force majeure, third-party outages, user issues, DDoS attacks, and government API failures.
| Uptime | Downtime | Credit |
|---|---|---|
| ≥99.5% | Up to ~3.6h | 0% |
| 99.0-99.49% | ~3.6-7.3h | 10% |
| 95.0-98.99% | ~7.3-36h | 25% |
| <95.0% | >36h | 50% |
Credits are genuine pre-estimate of loss under Section 74 of Indian Contract Act, 1872, not penalty. Chronic breach (3 consecutive months or 4 in 6 months) allows termination with pro-rata refund.
10. Limitation of Liability
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES. Our total liability is capped at the greater of (a) total amount paid by you in preceding 12 months, or (b) ₹1,00,000. We are not liable for indirect, incidental, special, consequential, or punitive damages.
This does not apply to: breach of confidentiality, breach of anti-scraping/reverse engineering obligations, IP indemnity, fraud/wilful misconduct/gross negligence, statutory liabilities that cannot be excluded, or death/personal injury.
11. Termination
- For Convenience: You may cancel anytime. Access continues through current paid month. We may terminate with 30 days notice.
- For Cause: Either party may terminate immediately for uncured material breach, insolvency, or fraudulent/illegal activity.
- Immediate Suspension: We may suspend without notice for Section 7 violations, security threats, non-payment, or legal requirement.
12. Data Return & Deletion
Upon termination, you may request data export within 30 days (CSV/JSON/PDF). We delete or anonymise data within 60 days, except where legally required (GST: 7 years, tax records as per Income Tax Act). Aggregated anonymised data may be retained for analytics.
13. Dispute Resolution
Governing law: Laws of India. Disputes resolved through binding arbitration in New Delhi under Arbitration and Conciliation Act, 1996. Language: English. Courts at New Delhi have jurisdiction for interim relief and enforcement.
14. Force Majeure
Neither party is liable for failures due to acts of God, natural disasters, war, terrorism, pandemics, government lockdowns, ISP failures, or DDoS attacks. Either party may terminate if force majeure exceeds 30 days.
15. Contact
BLACK FORCE SERVICES
D-11, Sanjay Mohalla, Gali Number 2, Bhajanpura
New Delhi, North East Delhi, Delhi, 110053, India
GSTIN: 07ABBFB3622R1Z9
Email: [email protected]
Website: www.gemsetu.com