Terms & conditions

1. Scope of Services

Mitigata is an AI-powered full-stack cyber resilience platform that provides or facilitates a combination of cyber insurance discovery and enablement, cybersecurity tools, risk monitoring, compliance support, consulting, claims assistance, and related digital services for businesses, executives, and individuals. Certain features may be offered directly by Mitigata, while others may be made available through insurers, underwriters, brokers, channel partners, payment partners, cloud providers, security vendors, compliance specialists, or other third-party service providers. Mitigata may provide access to services including, without limitation, cyber risk assessments, quote support, policy comparison assistance, insurance purchase workflows, renewal support, claims coordination support, security monitoring, dark web monitoring, phishing-related tools, risk visibility dashboards, managed services, compliance services, reports, partner integrations, and customer support. The availability, scope, pricing, and eligibility for any service may vary depending on geography, customer type, underwriting requirements, technical feasibility, applicable law, and partner availability.

2. Eligibility and Authority

You may use Mitigata only if you are legally capable of entering into a binding contract under applicable law. If you are using the services on behalf of a company, employer, or other legal entity, you represent and warrant that you are authorised to bind that entity to these Terms, and references to “you” will include that entity. You are responsible for ensuring that all information, documents, declarations, and responses provided to Mitigata are accurate, complete, current, and not misleading. Where your access involves organisational data, you confirm that you have all necessary permissions to share such data and to request services in relation to it.

3. Accounts, Access, and Security

Some services may require you to create an account, submit business or personal information, connect systems, or provide contact details. You are responsible for maintaining the confidentiality of your login credentials and for all activities carried out through your account or environment unless caused by our proven fault. You must promptly notify Mitigata if you suspect unauthorised access, account compromise, misuse of credentials, or any security incident affecting your use of the service. We may suspend or restrict access where we reasonably believe suspension is necessary to protect users, partners, systems, or data.

4. Insurance Related Services

Mitigata may help you explore, compare, apply for, purchase, renew, or manage insurance-related products. However, unless expressly stated otherwise in writing, Mitigata is not itself the insurer or underwriter for the policy being offered. Insurance products are subject to the terms, conditions, exclusions, limitations, waiting periods, underwriting decisions, endorsements, premium requirements, and claim procedures of the relevant insurer, underwriter, broker, or policy issuer. Any quote, premium indication, eligibility result, recommendation, or coverage illustration shown through Mitigata is indicative unless and until confirmed by the relevant insurance provider. Final issuance of a policy, coverage scope, endorsements, premium amount, claim decision, renewal terms, and cancellation rights remain subject to the applicable insurer’s underwriting process, policy wording, risk review, and applicable regulatory requirements. Mitigata may assist with documentation, coordination, reminders, claims workflow support, or communication facilitation, but such support does not guarantee policy issuance, claim acceptance, claim settlement amount, claim timing, or renewal on the same terms.

5. Cybersecurity, Compliance, and Advisory Services

Mitigata may provide security and compliance tools, assessments, scans, dashboards, alerts, advisory support, managed services, reporting, and related recommendations. These services are intended to support your cyber resilience and operational decision-making, but they do not constitute a guarantee that cyber incidents, fraud, data leaks, phishing attacks, malware events, compliance failures, or business losses will be prevented. You understand that cybersecurity and compliance outcomes depend on multiple factors outside Mitigata’s control, including your internal systems, employee behaviour, vendor stack, legacy infrastructure, network configuration, remediation actions, policy implementation, incident response speed, legal obligations, and third-party dependencies. You remain responsible for implementing appropriate controls and making your own business, technical, legal, and regulatory decisions.

6. User Responsibilities and Acceptable Use

You agree to use the services only for lawful purposes and in accordance with these Terms. You must not misuse the platform, interfere with service operations, attempt unauthorised access, probe or exploit vulnerabilities without authorisation, upload malicious code, submit fraudulent claims or false information, infringe the rights of others, or use the services in a manner that could damage Mitigata, its users, or its partners. If you use Mitigata tools to monitor assets, scan environments, assess risks, or detect exposures, you represent that you are duly authorised to perform such actions with respect to the relevant systems, accounts, domains, devices, networks, or data.

7. Quotes, Assessments, and Reliance

Any report, score, dashboard output, simulation result, estimate, benchmark, alert, premium indication, or risk assessment generated through Mitigata is provided on an informational and operational support basis. Such outputs may rely on third-party data, probabilistic models, incomplete inputs, automated analysis, external feeds, or assumptions that may change over time. You should not treat any such output as legal advice, tax advice, accounting advice, or a guarantee of insurability, security posture, incident probability, or financial outcome. You are responsible for independently reviewing material decisions with appropriate internal stakeholders and, where necessary, with professional advisers.

8. Fees, Billing, and Payments

Certain Mitigata services may be offered free of charge, while others may involve platform fees, subscription charges, onboarding fees, professional service fees, consulting fees, implementation charges, incident response retainers, facilitation charges, partner service fees, insurance premiums, taxes, government levies, or third-party processing fees. You agree to pay all applicable amounts associated with the services you request or authorise. Prices may be displayed on the website, shared in a proposal, shown in an order form, provided in a statement of work, or communicated during purchase. Unless otherwise agreed in writing, fees become due at the time specified in the relevant checkout flow, invoice, proposal, or service order. Where payments are processed through third-party payment providers, your payment may also be subject to those providers’ terms and processing rules. Mitigata is not responsible for payment delays, bank failures, processor downtime, or failed transactions caused by third parties.

9. Refunds, Cancellations, and Non-Refundable Charges

Mitigata aims to maintain fair commercial practices while recognising that many products offered through the platform involve third-party insurers, underwriters, service partners, and time-sensitive activation workflows. Accordingly, refunds and cancellations are handled based on the nature of the product or service purchased.

Where you pay an insurance premium, the refundability of that premium is generally governed by the policy terms, insurer rules, underwriting status, applicable regulations, tax rules, and any cancellation or free-look rights made available by the insurer or applicable law. If a policy has already been issued, endorsed, or placed on risk, any refund of premium will typically be assessed by the insurer and may be subject to deductions for time on risk, administrative charges, taxes, stamp duties, or other non-refundable components. Mitigata cannot independently promise a full or partial premium refund unless the relevant insurer confirms the same. If you request cancellation before policy issuance, Mitigata may assist in pausing or withdrawing the application. In such cases, any amount collected toward insurer premium, booking amount, or payment authorisation will be handled subject to the insurer’s or payment partner’s reversal process, and any Mitigata-specific processing or advisory fees already earned for completed work may remain non-refundable.

For cybersecurity, compliance, consulting, onboarding, implementation, assessment, monitoring, subscription, or managed service fees, any refund for non-insurance services will be processed only if applicable under the relevant service arrangement, billing circumstances, and review outcome, and only where the refund request is raised within 7 days from the relevant transaction date, invoice date, activation date, or service purchase date, as applicable. Where a non-insurance refund is approved, the approved amount should ordinarily be processed within 15 days from the date the refund request is confirmed as eligible, subject to banking, payment gateway, partner, or compliance-related dependencies.

Refunds are generally not available once the service has commenced, the subscription has been activated, a report or assessment has been delivered, partner costs have been incurred, resources have been allocated, or the relevant service period has begun, because such services involve immediate resource commitment, digital provisioning, analysis work, or third-party costs that cannot be reversed after activation. Notwithstanding the above, Mitigata may review refund requests on a case-by-case basis where there has been a duplicate payment, a clearly demonstrable technical billing error, an unauthorized transaction confirmed after reasonable verification, or a failure to activate a paid service due solely to Mitigata’s internal issue. In such situations, any approved refund may be processed back to the original payment method within a commercially reasonable time, subject to banking and processor timelines.

Unless expressly stated in writing, the following amounts are ordinarily non-refundable: completed advisory fees, completed assessment fees, implementation charges, taxes, statutory deductions, third-party pass-through charges, insurer charges already remitted, charges for services already consumed, and fees tied to customized or partner-provisioned deliverables.

If you believe you are entitled to a refund or billing correction, you must contact Mitigata promptly at legal@mitigata.com or through the official support channel with your registered details, transaction information, and a brief explanation of the issue. Mitigata may request supporting documents before processing any review. Submission of a request does not guarantee approval.

10. Refund Policy Timeline and Escalation Matrix

To provide greater clarity on refund initiation and processing, Mitigata follows a structured refund-handling workflow once a valid request is received with the required supporting details. The timelines below are indicative and may vary due to insurer review, partner dependencies, banking delays, incomplete documentation, or regulatory checks.

Escalation Matrix

• Level 1: The customer should first initiate the refund request through the official support channel or by writing to legal@mitigata.com with all supporting details.
• Level 2: If no acknowledgement is received within 2 to 3 business days, or if additional clarification is not provided within a reasonable period, the customer may escalate the matter by replying on the same email trail and clearly marking the subject line as Refund Escalation Level 2 for internal billing or operations review.
• Level 3: If the matter remains unresolved for 7 business days after Level 2 escalation, the customer may request final internal escalation through legal@mitigata.com by marking the subject line as Refund Escalation Level 3, following which the matter may be reviewed by the appropriate managerial, finance, legal, or partner coordination team depending on the nature of the transaction.

11. Third Party Services and Integrations

Mitigata may use, embed, connect to, or make available services, software, infrastructure, APIs, content, data sources, payment mechanisms, communication channels, insurers, brokers, claims administrators, partner tools, and other third-party offerings. Your use of those offerings may also be subject to separate third-party terms, privacy notices, policy wordings, service levels, or eligibility requirements. Mitigata is not responsible for the independent acts, omissions, outages, underwriting decisions, claim decisions, content, conduct, or contractual performance of third parties, except to the extent required under applicable law. Where Google APIs or other partner APIs are used, the handling of data obtained through those APIs will be subject to the applicable platform policies and usage restrictions.

12. Intellectual Property

All intellectual property rights in the Mitigata website, platform, user interfaces, content, graphics, workflows, reports, code, branding, logos, methodologies, text, compilations, dashboards, and software are owned by or licensed to Mitigata unless otherwise stated. Your use of the services does not transfer any ownership rights to you. Subject to your compliance with these Terms, Mitigata grants you a limited, non-exclusive, non-transferable, revocable right to access and use the services for your internal lawful purposes. You may not copy, reproduce, modify, distribute, reverse engineer, scrape, frame, resell, or create derivative works from the services except as expressly permitted in writing or by applicable law.

13. Privacy and Data Use

Your use of the services is also subject to Mitigata’s Privacy Policy and any applicable product-specific data processing terms. You acknowledge that Mitigata may process information necessary to operate, secure, improve, support, and administer the services, to fulfil insurance or compliance workflows, to communicate with you, and to meet legal or contractual obligations. Where you submit personal data, organisational data, or system-related data, you represent that you have the necessary rights, permissions, notices, and lawful basis to do so. You remain responsible for your own compliance obligations in relation to the data you provide or make accessible.

14. Availability, Changes, and Suspension

Mitigata may update, improve, modify, suspend, or discontinue all or part of the services from time to time. We do not guarantee that every feature will remain available indefinitely or that every service will be uninterrupted, error-free, or suitable for every user or use case. We may suspend access immediately where reasonably necessary for maintenance, security concerns, legal compliance, fraud prevention, investigation of misuse, non-payment, partner restrictions, or material breach of these Terms.

15. Disclaimer of Warranties

To the maximum extent permitted by law, the services are provided on an “as is” and “as available” basis. Mitigata disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and uninterrupted performance. Without limiting the foregoing, Mitigata does not warrant that the services will prevent all losses, detect all threats, ensure regulatory compliance, guarantee policy issuance, secure claim approval, or deliver uninterrupted access to any third-party system or insurer workflow.

16. Limitation of Liability

To the fullest extent permitted by law, Mitigata and its directors, officers, employees, affiliates, licensors, partners, and service providers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, business opportunity, goodwill, data, anticipated savings, or reputation, arising out of or relating to your use of, or inability to use, the services. To the extent permitted by law, Mitigata’s aggregate liability arising out of or relating to the relevant claim will not exceed the amount actually paid by you to Mitigata for the specific service giving rise to the claim during the three (3) months preceding the event giving rise to liability. Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law.

17. Indemnity

You agree to indemnify, defend, and hold harmless Mitigata and its affiliates, directors, officers, employees, and partners from and against claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or related to your misuse of the services, your breach of these Terms, your violation of applicable law, your infringement of third-party rights, or your submission of false, unauthorized, or misleading information.

18. Termination

Mitigata may suspend or terminate your access to the services, in whole or in part, with or without notice, if we reasonably believe you have breached these Terms, created security risk, engaged in fraud, failed to make payment when due, or used the services in a manner that could expose Mitigata or others to legal, regulatory, operational, or reputational harm. You may stop using the services at any time. However, termination of access does not automatically entitle you to a refund, and any continuing payment obligations, accrued charges, policy obligations, confidentiality commitments, or clauses intended by their nature to survive will remain in effect.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to conflict of laws principles. Subject to applicable law, the courts located in Bengaluru, Karnataka shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms.

20. Changes to These Terms

Mitigata may revise these Terms from time to time to reflect changes in law, regulation, products, partners, business operations, technology, or risk practices. The updated version will become effective when posted, unless otherwise stated. Your continued use of the services after the effective date of revised Terms constitutes your acceptance of the updated Terms.

21. Contact Information

For questions regarding these Terms, billing matters, cancellation requests, or refund-related queries, you may contact:

Alphawave Technologies Private Limited
Second Floor, Gayathri Mansion, 80/3, Outer Ring Road, near Salarpuria Softzone, opp. Shell Petrol Bunk, Bellandur, Bengaluru, Karnataka 560103, India
Email: legal@mitigata.com