Terms of Use.

1. These Terms and Your Agreement with Us

1. These Terms of Use (“Terms”) govern your use of the E Building mobile application, website and related services (together, the “Platform”) operated by EBuilding Private Limited (“EBuilding”, “we”, “us”, “our”).
2. These Terms apply to you as an individual resident, flat owner, tenant or occupant of a housing society, resident welfare association or apartment owners association that has subscribed to the Platform (“Society”), and equally to any individual who creates a user account without any Society affiliation in order to use the home-services marketplace (a “standalone user”). Both are referred to as “you” or a “Member”.
3. If you are a standalone user, the Society Modules do not apply to you. Clauses 5 to 8 concern the Society Modules and are of no effect for you; no Society data is collected from you, and the Society-related consent items are not presented to you at sign-up. Everything else in these Terms applies to you in full.
4. By creating an account, or by using any feature of the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
5. These Terms are published as required by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and constitute an electronic record under the Information Technology Act, 2000. They do not require a physical signature.
6. Your personal data is handled in accordance with our Privacy Policy, which forms part of these Terms. Your acceptance of these Terms is not treated as your consent to the processing of your personal data; consent is taken separately through the consent notice presented in the application.
7. Separate terms govern the relationship between EBuilding and your Society, and between EBuilding and the service vendors on the Platform. You are not a party to those terms.

2. Definitions

1. Booking means a request you place on the Platform for a home service.
2. Gate Module means the digital gatekeeper features, including visitor pre-approval, QR passes, delivery and cab tracking, the gate log, domestic staff attendance and SOS alerts.
3. Home Service means a service listed on the marketplace, including air-conditioner servicing, cleaning, plumbing, electrical work, pest control, appliance repair, salon and similar services.
4. Society Modules means the society-management features made available to your Society, including the Gate Module, maintenance billing and collection, amenity booking, the vehicle registry, complaint management, expense management and reporting.
5. Vendor means an independent service professional or firm onboarded to the marketplace.
6. Visitor means any person entering the Society premises who is recorded through the Gate Module, including guests, delivery agents, cab drivers and service personnel.

3. Eligibility

1. You must have completed eighteen years of age to create or hold an account. The Platform is not offered to, and must not be used by, any person below that age. By creating an account you represent that you have completed eighteen years of age.
2. You must be a resident, owner, tenant or lawful occupant of a unit in a Society that subscribes to the Platform, or a person otherwise authorised by such a Society, and your access is conditional on your Society continuing to authorise it.
3. You must be competent to contract under the Indian Contract Act, 1872 and must not be a person barred from receiving services under any applicable law.
4. You may not create an account on behalf of another person, and you may not permit any other person to use your account. You may add members of your own household to your unit using the family member feature. A family member you add receives their own login and uses the Platform in their own name. You may only add a person who has completed eighteen years of age; their date of birth is recorded when you add them, and the account will not be created for anyone below that age. By adding a family member you confirm that they are eighteen or older and that they are aware their details are being recorded.
5. If we discover that an account is held by a person below eighteen years of age, we will suspend the account and erase the associated personal data, save where retention is required by law.

4. Your Account

1. You must provide accurate and current information when you register, and keep it updated. You are responsible for the accuracy of the information on your account.
2. Your account is verified against your registered mobile number. You are responsible for keeping your password and any one-time password confidential, and for all activity carried out through your account.
3. Tell us immediately at support@ebuilding.in if you believe your account has been accessed without your authority. We are not liable for loss arising before you tell us, but we will act promptly once you do.
4. You may close your account at any time from Profile → Account → Close Account, or by writing to us. Closure does not extinguish dues owed to your Society or to a Vendor, and does not affect records that we or your Society are required to retain under law.

5. Your Society Controls Your Access and Much of Your Data

1. Your access to the Society Modules is granted by your Society, not by us. Your Society decides who is enrolled, what features are switched on, what is recorded at the gate and how maintenance is billed. Your Society may suspend or remove your access.
2. For the Society Modules, your Society is the Data Fiduciary and EBuilding is its Data Processor. We operate those modules on your Society's instructions. A request to access, correct or erase data held in those modules is decided by your Society. We will forward any such request to your Society and assist it, but we cannot grant or refuse it ourselves.
3. Disputes about maintenance dues, defaulter status, parking allotment, amenity rules, penalties or the conduct of the managing committee are between you and your Society. EBuilding provides the software; it does not adjudicate those disputes and is not a party to them.
4. If your Society ends its subscription, your access to the Society Modules ends. We will deal with the data in accordance with our agreement with the Society and our Privacy Policy.

6. The Gate Module and Visitor Records

1. When you pre-approve a Visitor, create a QR pass, or record a domestic staff member, you are causing personal data about that person to be recorded on the Platform on behalf of your Society.
2. You must only pre-approve a Visitor or record a domestic staff member where you have that person's knowledge, and you must tell them that their entry, exit and attendance will be recorded. You must not record a person's details for any purpose other than their genuine entry to the premises.
3. You must not use the gate log, visitor records or attendance records to harass, surveil, profile or intimidate any person, and you must not extract, copy, publish or circulate those records outside the Platform.
4. You may view gate records relating to your own flat. You may not access records relating to another flat unless your Society has authorised you as a committee member for that purpose.
5. The SOS and emergency alert feature is for genuine emergencies. Raising a false alert may result in suspension of your account and may attract liability under law.
6. The Gate Module is an aid to security. It does not replace physical security, and we do not guarantee that it will prevent unauthorised entry, theft, injury or loss. Responsibility for physical security of the premises rests with your Society and its security personnel.

7. Maintenance, Amenities and Payments to Your Society

1. Maintenance bills are generated on rules configured by your Society. The amount, the billing rule and any penalty for late payment are determined by your Society and not by us.
2. Payments you make through the Platform are routed to your Society's bank account through a payment gateway. EBuilding does not hold, collect or receive your maintenance money and is not the recipient of those funds. Our role is limited to presenting the bill and passing the instruction to the gateway.
3. Payment is subject to the terms of the payment gateway. Failed, delayed, reversed or duplicated transactions are resolved between you, your Society and the gateway. We will provide the transaction records we hold to assist.
4. Amenity bookings are subject to the rules, limits and charges configured by your Society. Cancellation and refund of amenity charges are governed by your Society's rules.
5. Receipts and ledgers generated on the Platform reflect the data entered or configured by your Society. We do not verify or audit that data.

8. The Home-Services Marketplace — Our Role

1. The marketplace connects you with independent Vendors. EBuilding is a facilitator and an intermediary. It is not the provider of any Home Service, is not the employer, principal or agent of any Vendor, and does not perform, supervise or warrant the work. The contract for the Home Service is formed directly between you and the Vendor.
2. We verify the identity and address of every Vendor before onboarding, and we maintain ratings and a complaint channel. Vendor profiles state the level of verification that has actually been carried out on that Vendor. Verification reduces risk; it does not eliminate it, and it is not a guarantee of the quality, punctuality, honesty or competence of any Vendor.
3. We do not receive your payment for a Home Service. You pay the Vendor directly, and we take no commission from what you pay. Our revenue from the marketplace comes from prepaid recharge packs bought by Vendors in order to receive bookings.
4. Where a Home Service is regulated or requires a licence, registration or certification, it is the Vendor's responsibility to hold it. We do not represent that any particular Vendor holds any particular licence unless we expressly say so on the Vendor's profile.

9. Placing and Completing a Booking

1. When you place a Booking you select the service, the time slot and the service address. For fixed-price services the price is shown before you confirm. For diagnostic or repair services you book a visit, and the price depends on the work found to be necessary.
2. A Booking is confirmed when a Vendor accepts it. We do not guarantee that a Vendor will be available for any particular service, area or time slot.
3. No charge may be made outside the application. Where additional work is required, the Vendor must raise a quotation in the application and you must approve it in the application before that work begins. A Vendor may not demand any amount that has not been shown to you in the application and approved by you. If a Vendor does so, refuse payment and report it through in-app support.
4. You may cancel a Booking in accordance with the cancellation rules shown at the time of booking. Repeated late cancellation or failure to be present at the service address may result in restriction of your access to the marketplace.
5. You must provide safe and reasonable access to the service address, and you must disclose anything at the premises that could affect the safety of the Vendor.
6. You pay the Vendor directly, by cash or UPI, on completion. Obtain a receipt or a transaction reference. Because we are not a party to the payment, we cannot reverse it; a payment dispute is resolved between you and the Vendor, and we will assist with the booking records we hold.

10. Safety When a Vendor Attends Your Home

1. A Vendor attending your home is an independent third party. Take ordinary precautions: verify the Vendor's identity in the application against the person at your door before admitting them; do not admit a person whose identity does not match; keep valuables secured; and, where possible, ensure another adult is present.
2. Do not share your account credentials, one-time passwords, payment credentials or banking details with any Vendor. We will never ask you for them, and no Vendor has any legitimate reason to.
3. Every Vendor attending a Society through the Platform is recorded at the gate. If a Vendor behaves improperly, raise an in-app complaint immediately and inform your Society's security. In an emergency, contact the police.
4. While we verify Vendors and act on complaints, we are not liable for the acts or omissions of a Vendor at your premises except to the extent set out in clause 19.

11. Ratings, Reviews and Content You Submit

1. After a Booking, you may rate and review the Vendor. Your review must be based on your actual experience, must be your own, and must not be false, misleading, defamatory, obscene, or motivated by anything other than the service received.
2. You must not post a review in exchange for any benefit, and you must not solicit or accept payment to alter or remove a review.
3. We may remove a review that breaches these Terms or applicable law, and we may suspend the account of a person who repeatedly posts such reviews. We do not otherwise edit reviews to change their substance.
4. You retain ownership of the content you submit. You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce and display that content on the Platform for the purpose of operating the Platform. That licence ends when the content is removed, except for copies retained in backups or where retention is required by law.
5. You are responsible for the content you submit, including complaint text, photographs and notices, and you must have the right to submit it.

12. Where a Service Agency Performs Your Booking

1. Some Home Services are performed by a service agency which deploys its own workers, rather than by an individual professional attending personally.
2. Before the visit you are shown the name of the specific individual assigned to your booking. Ask for that name at your door. If the person who arrives gives a different name, do not admit them, and report it in the application immediately — sending an unannounced substitute is a serious breach of our agency terms.
3. The agency, and not EBuilding, is responsible for the conduct of its workers and for any loss or damage they cause at your premises. EBuilding does not require agencies to carry public liability insurance, and you should not assume that an agency attending your home is insured. The agency remains liable to you and you may pursue it directly. We tell you this so you can decide what precautions to take, including whether to be present during a visit and whether your own household cover extends to work carried out at your home.
4. EBuilding's role is the same as for any other booking: we operate the platform, verify who is registered, require the agency to contract with us, and act on complaints. We do not employ, supervise or direct agency workers, and we do not perform the service.
5. Only the individual assigned to your booking may see your name, number and address. The agency may not circulate them internally or keep them after the booking is complete.

13. Group and Bulk Orders

1. From time to time we may be able to obtain a discounted price from a Vendor where several people want the same service at around the same time. Where that happens, we may tell you about the opportunity so that you can join it if you wish.
2. We will only do this if you have separately opted in. The control is at Profile → Privacy → Consents, it is off by default, and switching it off costs you nothing else.
3. Where the opportunity is identified from your own booking history with us, your opt-in is all that is required. Where it is identified from your Society's membership records, your Society must also have authorised that use in its agreement with us, because your Society and not EBuilding is the Data Fiduciary for those records. If your Society has not authorised it, you will not receive group order notifications based on Society data even if you have opted in.
4. Joining a group order is entirely voluntary. The discounted price, the scope of work and the timing are shown before you join, and you pay the Vendor directly as with any other booking.
5. We do not guarantee that a group order will proceed. It may not reach the number of participants the Vendor requires, the Vendor may withdraw, or the discount may not be achievable. If it does not proceed we will tell you, and you are free to book the service normally.
6. Your participation, and the fact that you have or have not joined, is not disclosed to other participants beyond what is necessary to operate the group booking, and is never disclosed to your Society committee.

14. Acceptable Use

1. You must not use the Platform to do any of the following:
   • impersonate any person, or misrepresent your association with any person, Society or Vendor;
   • access or attempt to access another Member's account, another flat's records, the committee panel without authorisation, or any part of our systems you are not authorised to access;
   • scrape, harvest, copy or extract data from the Platform by any automated means, or attempt to reverse engineer, decompile or derive the source code of the Platform;
   • introduce any virus, malicious code or anything designed to interrupt, damage or limit the Platform;
   • post or transmit anything that is unlawful, defamatory, obscene, harassing, hateful, invasive of privacy, or that infringes any intellectual property right;
   • use the Platform, the gate records or any directory of residents for marketing, canvassing, political campaigning or any commercial purpose not authorised by us and your Society;
   • contact a Vendor outside the Platform with a view to avoiding the Platform, or induce a Vendor to transact off the Platform;
   • use the Platform in a manner that violates any applicable law, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023; or
   • do anything that interferes with the proper working of the Platform or imposes an unreasonable load on our infrastructure.
2. We may investigate any suspected breach of this clause, and may suspend or terminate access, remove content, and report the matter to the appropriate authority.

15. Communications

1. By holding an account you agree to receive transactional communications relating to the Platform — gate and visitor alerts, booking updates, maintenance bills and reminders, security notices, and notices about these Terms — through the application, SMS, e-mail and WhatsApp. These are necessary to the service and cannot be switched off while your account is active, though you may choose the channel where the application offers a choice.
2. Promotional and marketing communications are entirely separate. We will send them only if you have given specific, opt-in consent through the consent notice, and you may withdraw that consent at any time under Profile → Privacy → Consents without affecting any other part of the service.
3. Your registration on the National Customer Preference Register does not prevent us from sending transactional communications relating to a service you have requested.

16. Intellectual Property

1. The Platform, including its software, design, interfaces, text, graphics and the E Building name and logo, belongs to EBuilding or its licensors. Nothing in these Terms transfers any right in it to you.
2. We grant you a limited, personal, non-exclusive, non-transferable and revocable licence to use the Platform for your own use as a resident, for as long as your account remains active and your Society continues to authorise your access.
3. You must not use the E Building name, logo or branding without our written permission.

17. Suspension and Termination

1. We may suspend or terminate your access, with notice where practicable and immediately where necessary, if you breach these Terms, if your Society withdraws your authorisation, if we are required to do so by law or by an order of a competent authority, or if we reasonably believe your account is being used fraudulently or in a manner that endangers another person.
2. You may stop using the Platform and close your account at any time.
3. Clauses relating to intellectual property, disclaimers, limitation of liability, indemnity, governing law and any provision which by its nature should survive, survive termination.

18. Disclaimers

1. The Platform is provided on an “as is” and “as available” basis. We do not warrant that it will be uninterrupted, timely, error-free, or that defects will be corrected, and we may modify, suspend or withdraw any feature.
2. We do not warrant the quality, safety, legality, punctuality or outcome of any Home Service, nor the conduct, skill, honesty or licensing status of any Vendor or of any individual deployed by a service agency.
3. We do not warrant the accuracy of any data entered or configured by your Society, including bills, ledgers, defaulter status, parking allotment, amenity rules and notices.
4. The Gate Module is an aid to, and not a substitute for, physical security. We do not warrant that it will prevent unauthorised entry or any loss.
5. Nothing in this clause excludes any liability that cannot be excluded under applicable law, including under the Consumer Protection Act, 2019.

19. Limitation of Liability

1. To the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, goodwill, business or anticipated saving, however arising.
2. To the extent permitted by law, our total aggregate liability to you arising out of or in connection with the Platform, whether in contract, tort, statute or otherwise, in any period of twelve months, is limited to the greater of (a) the total amount actually earned by us from Vendors in respect of your Bookings in that period, and (b) ₹5,000.
3. We are not liable for the acts or omissions of a Vendor, of your Society or its managing committee, of any security personnel, or of any payment gateway or other third-party provider.
4. We are not liable for any failure or delay caused by an event beyond our reasonable control, including network or power failure, failure of a third-party provider, act of God, epidemic, civil disturbance, or act of government.
5. Nothing in this clause limits liability for death or personal injury caused by our negligence, for fraud, or for any liability which cannot lawfully be limited.

20. Indemnity

1. You agree to indemnify and hold harmless EBuilding, its directors, officers and employees against any claim, loss, liability, penalty, cost or expense (including reasonable legal fees) arising out of your breach of these Terms, your breach of any applicable law, your misuse of any personal data accessed through the Platform, or any content you submit.

21. Grievances and Complaints

1. If you have a complaint about the Platform, raise it through in-app support first. If it is not resolved, escalate it to our Grievance Officer.

2. A complaint about the handling of your personal data is dealt with under the grievance procedure in our Privacy Policy, and if unresolved you may approach the Data Protection Board of India.

22. Changes to These Terms

1. We may change these Terms. We will publish the revised Terms in the application and on www.ebuilding.in with a new version number and effective date, and we will notify you of any material change at least fifteen days before it takes effect.
2. If you do not accept a change, your remedy is to stop using the Platform and close your account before the change takes effect. Continued use after the effective date means you accept the revised Terms — but continued use is never treated as consent to a new purpose of processing your personal data, for which fresh consent will be sought separately.

23. Governing Law and Disputes

1. These Terms are governed by the laws of India.
2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, save that nothing prevents you from pursuing a remedy available to you as a consumer before a consumer commission having jurisdiction, or from complaining to the Data Protection Board of India.

24. General

1. If any provision of these Terms is held invalid or unenforceable, the remainder continues in force and the invalid provision is treated as modified to the least extent necessary to make it valid.
2. Our failure to enforce any provision is not a waiver of it.
3. You may not assign your rights under these Terms. We may assign ours on a merger, acquisition or transfer of our business, subject to the assignee assuming our obligations.
4. These Terms, together with the Privacy Policy and the consent notices presented in the application, are the entire agreement between you and us in relation to the Platform.
5. Notices to you are given through the application or to the mobile number or e-mail address on your account. Notices to us are given to the Grievance Officer at the address in clause 21.