These Terms govern your use of the Bandobast platform at bandobast.online, app.bandobast.online and the Bandobast mobile application. By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.
1. Definitions
In these Terms:
- “Gapsmiths”, “we”, “us”, “our” means Gapsmiths, a firm having its registered address at B 14 Munjal Nagar, Off Eastern Express Highway, Chembur, Mumbai 400071, Maharashtra, India, GSTIN 27AAPFG1889E1Z0.
- “Bandobast” or the “Service” means the Bandobast security deployment management platform, including the website at bandobast.online, the web application at app.bandobast.online, the Bandobast mobile applications, and the associated APIs and services.
- “Customer” means the organisation — typically a police or law-enforcement body, government department or other institution — that has subscribed to or been granted access to the Service.
- “Authorised User” or “you” means an individual authorised by the Customer to access the Service using credentials issued to or for that individual.
- “Customer Data” means all data, content and information submitted to or generated within the Service by or on behalf of the Customer, including event, location, assessment, personnel, allocation and roster records.
2. Eligibility and accounts
The Service is intended for organisational use, not for the general public. Accounts are created and issued by the Customer’s administrators or by us at the Customer’s request. There is no public self-service registration.
You agree that:
- you will use the Service only within the scope of the authority granted to you by the Customer;
- the information you provide when your account is created is accurate and will be kept current;
- you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account;
- you will not share your credentials with, or allow their use by, any other person; and
- you will notify us and your organisation’s administrator immediately at info@gapsmiths.com if you become aware of any unauthorised use of your account or any other breach of security.
You must be at least 18 years of age and legally capable of entering into a binding contract to use the Service.
3. Licence to use the Service
Subject to these Terms and to the Customer’s subscription remaining in good standing, we grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its internal operational purposes for the duration of its subscription, and to permit its Authorised Users to do the same.
All rights not expressly granted are reserved. The Service is licensed, not sold.
4. Acceptable use
You must not, and must not permit any person to:
- access or use the Service other than as permitted by these Terms and by the authority granted to you by the Customer;
- attempt to gain unauthorised access to the Service, to any account, or to any system or network connected to the Service;
- probe, scan, penetration-test or otherwise test the vulnerability of the Service without our prior written consent;
- copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
- resell, sublicense, rent, lease, distribute or otherwise make the Service available to any third party;
- use the Service to store or transmit any material that is unlawful, infringing, defamatory, or that contains malicious code;
- use automated means to access the Service in a manner that imposes an unreasonable load on our infrastructure, or interfere with or disrupt the integrity or performance of the Service;
- extract, disclose or misuse operationally sensitive information — including deployment plans, personnel details and location data — outside the lawful purposes of the Customer; or
- remove, obscure or alter any proprietary notice appearing in the Service.
Given the operational nature of the data held in Bandobast, misuse may have consequences beyond these Terms, including under applicable service conduct rules and criminal law. We may suspend access immediately where we reasonably suspect a breach of this section.
5. Customer data
As between the Customer and Gapsmiths, the Customer owns all Customer Data. We claim no ownership over it.
We process Customer Data only to provide, maintain, secure and support the Service, in accordance with these Terms, the Customer’s instructions, the applicable service agreement and our Privacy Policy. We do not sell Customer Data, and we do not use it to build or train products for other customers.
The Customer is responsible for the accuracy, quality and legality of Customer Data, for having the lawful basis and authority to provide it to us, and for ensuring that its collection and use complies with applicable law — including, where personal data of personnel is concerned, the Digital Personal Data Protection Act, 2023 and any rules made under it.
6. Confidentiality and security
Each party may receive information of the other that is confidential. Each party agrees to protect the other’s confidential information with at least the same care it applies to its own, and not to disclose it except to personnel and advisers who need it and are bound by equivalent obligations, or where disclosure is required by law.
We maintain administrative, technical and physical safeguards designed to protect the Service and Customer Data, including encryption in transit, role-based access controls, and access logging. Details are set out in the Privacy Policy. No system is completely secure, and we do not warrant that the Service will be free from unauthorised access in all circumstances.
7. Third-party services
The Service integrates certain third-party services to provide specific functionality — for example mapping and geocoding, cloud hosting, push notification delivery, and messaging over WhatsApp. Your use of the Service may involve the transmission of data to those providers to the extent necessary to deliver the relevant feature.
Those services are governed by their own terms and privacy policies. We are not responsible for the acts, omissions, availability or content of third-party services, and we may change providers where reasonably necessary to maintain the Service.
8. Fees and taxes
Access to the Service is provided under a subscription or engagement agreement between Gapsmiths and the Customer. Fees, the billing cycle, the number of licensed users and the subscription term are as set out in that agreement, the applicable order form or quotation.
Unless stated otherwise, fees are exclusive of Goods and Services Tax (GST) and other applicable taxes, duties and levies, which will be charged in addition at the prevailing rate. Our GSTIN is 27AAPFG1889E1Z0.
Invoices are payable within the period stated on the invoice. We may suspend access to the Service where undisputed amounts remain unpaid after written notice. Cancellation and refunds are dealt with in our Cancellation & Refund Policy.
9. Availability and support
We aim to keep the Service available at all times, but access may be interrupted for scheduled maintenance, emergency maintenance, or by events outside our reasonable control. Where practicable we will give the Customer advance notice of planned maintenance that is likely to cause a material interruption.
Support is provided by email at info@gapsmiths.com and by telephone on +91 99805 32789 during business hours. Any committed service levels or response times are those set out in the Customer’s agreement with us; these Terms alone do not create a service level commitment.
10. Intellectual property
The Service, including its software, design, interfaces, documentation, trade marks and the name “Bandobast”, and all intellectual property rights in them, are and remain the property of Gapsmiths and its licensors. Nothing in these Terms transfers any such right to the Customer or to any Authorised User.
If you send us feedback or suggestions about the Service, we may use them without restriction or obligation to you, and doing so will not affect the Customer’s rights in Customer Data.
11. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. We disclaim all warranties, conditions and representations not expressly stated in these Terms or in the Customer’s agreement with us, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted or error free, or that all defects will be corrected.
Operational decisions remain yours. Bandobast is a planning, allocation and record-keeping tool. It assists with deployment planning; it does not replace the judgement, command responsibility or statutory duties of the officers and organisations using it. All operational decisions, and responsibility for them, rest with the Customer and its officers.
12. Limitation of liability
To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill or anticipated savings, arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence) or otherwise, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or in connection with the Service and these Terms will not exceed the total fees paid by the Customer to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits either party’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, or any other liability that cannot lawfully be excluded or limited.
13. Indemnity
The Customer agrees to indemnify and hold harmless Gapsmiths, its partners, employees and agents against claims, damages, liabilities, costs and reasonable legal expenses arising from (a) Customer Data or its use in breach of these Terms or applicable law, or (b) use of the Service by the Customer or its Authorised Users in breach of these Terms — except to the extent caused by our own breach, negligence or wilful misconduct.
14. Term and termination
These Terms apply for as long as you access or use the Service. The Customer’s subscription term is as set out in its agreement with us.
Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. We may suspend or terminate access immediately where required by law, or where continued access poses a security risk or involves a serious breach of section 4.
On termination, the Customer’s right to access the Service ends. On written request made within thirty (30) days after termination, we will make Customer Data available for export in a commonly used machine-readable format. After that period we may delete Customer Data in accordance with the retention practices described in the Privacy Policy, subject to any retention required by law.
Sections that by their nature should survive termination — including sections 5, 6, 10, 11, 12, 13, 16 and 17 — will survive.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, where the change is material, give the Customer reasonable advance notice by email or through the Service. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms. Where a Customer has a signed agreement with us, that agreement prevails over these Terms to the extent of any inconsistency.
16. Governing law and disputes
These Terms are governed by the laws of India. The courts at Mumbai, Maharashtra have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, subject to any dispute resolution mechanism agreed in the Customer’s agreement with us.
Before commencing proceedings, the parties will attempt in good faith to resolve the dispute by discussion between senior representatives for a period of thirty (30) days from written notice of the dispute.
17. General
- Entire agreement. These Terms, together with the Privacy Policy, the Cancellation & Refund Policy and any signed agreement or order form, constitute the entire agreement between the parties on this subject.
- Severability. If any provision is held unenforceable, the remaining provisions continue in full force.
- No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.
- Assignment. Neither party may assign these Terms without the other’s prior written consent, except to a successor in connection with a merger, reorganisation or sale of substantially all assets.
- Force majeure. Neither party is liable for any failure or delay caused by an event beyond its reasonable control.
- Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.
18. Contact
Questions about these Terms may be sent to:
- Entity Gapsmiths
- Address B 14 Munjal Nagar, Off Eastern Express Highway, Chembur, Mumbai 400071, Maharashtra, India
- Email info@gapsmiths.com
- Phone +91 99805 32789
- GSTIN 27AAPFG1889E1Z0