Terms and Conditions

1. Introduction

Welcome to MitKat Advisory Services Pvt Ltd (“MitKat,” “we,” “us,” or “our”). MitKat is a company registered in India with its registered address at 511, Ascot Centre, Off Sahar Road, Mumbai – 400 099. These Terms and Conditions (“Terms”) govern your access to and use of our websites, platforms, applications, products, services, and communications.

By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Services Overview

MitKat provides integrated security, risk mitigation, and advisory services to organisations and communities worldwide. Our Services include, but are not limited to:

• datasurfr: An AI-powered operational risk monitoring platform that provides real-time risk intelligence, critical event monitoring, travel advisories, and safety alerts.

• Consulting Services: Risk consulting, security design, protective services, cybersecurity and resilience, ESG consulting, climate and disaster risk resilience, and investigations.

• Resourcing: Embedded security leadership and outsourced expertise.

3. User Accounts and Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information, are used in violation of these Terms, or are inactive for an extended period.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

a) Use the Services in any way that violates any applicable local, national, or international law or regulation.

b) Attempt to gain unauthorised access to any part of the Services, other accounts, computer systems, or networks connected to the Services.

c) Transmit any malicious software, viruses, or harmful code through the Services.

d) Use the Services to send unsolicited or unauthorised communications, including spam or promotional materials.

e) Interfere with or disrupt the integrity or performance of the Services.

f) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.

5. SMS/Text Messaging Terms

By providing your mobile phone number and consenting to receive SMS messages from MitKat, or by being enrolled by your organisation’s administrator, you agree to the following terms.

5.1 Programme Description

MitKat sends public safety announcements to travellers and employees about security events in their vicinity. These messages include notifications about natural disasters, civil unrest, severe weather, transportation disruptions, travel advisories, emergency check-ins, and other safety-related communications affecting travel plans and personal safety. Messages include safety guidance and response options.

5.2 Consent and Opt-In

By providing your mobile phone number through our platforms, being enrolled by your organisation’s administrator, or by replying with an affirmative keyword to one of our messages, you expressly consent to receive SMS/text messages from MitKat. Consent is not a condition of purchase of any goods or services. Your consent applies to any future changes in the mobile phone number you provide.

5.3 Message Frequency

Message frequency varies and depends on the nature and urgency of safety events, travel advisories, and emergency situations relevant to your location or travel plans. You may receive multiple messages during active emergency situations. Under normal circumstances, message frequency is typically low and event-driven rather than scheduled.

5.4 Message and Data Rates

Standard message and data rates may apply to any SMS/text messages sent or received. Please consult your mobile carrier’s pricing plan for details. MitKat is not responsible for any charges assessed by your wireless carrier.

5.5 Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive. Upon receiving your opt-out request, we will send you a one-time confirmation message and will cease all further SMS communications to your number. You may also contact us at the details provided in Section 16 to request opt-out.

5.6 Help and Support

For assistance with SMS messaging, contact us at support@mitkatadvisory.com. Our support team will respond to your query within one business day.

5.7 Phone Number Privacy

Your mobile phone number will not be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Phone numbers collected are used solely for the purpose of delivering safety notifications, emergency alerts, and related service communications. For further details on how we handle your personal data, please refer to our Privacy Policy.

5.8 Supported Carriers

Our SMS service is designed to work with major mobile carriers. However, MitKat does not guarantee message delivery on all carrier networks. Carriers are not liable for delayed or undelivered messages.

6. Intellectual Property

All content, features, functionality, software, designs, text, graphics, logos, icons, images, audio clips, data compilations, and trademarks available through our Services are the property of MitKat or its licensors and are protected by Indian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use the Services for their intended purpose, subject to these Terms.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from or through the Services without our prior written consent.

7. Confidentiality

In the course of using our Services, you may receive or have access to confidential information, including but not limited to risk assessments, intelligence reports, advisory content, and proprietary methodologies. You agree to maintain the confidentiality of such information and not disclose it to any third party without our prior written consent, except as required by law.

8. Data Protection and Privacy

Your use of our Services is also governed by our Privacy Policy, which is available at https://mitkatadvisory.com/privacy-policy/. The Privacy Policy explains how we collect, use, store, and protect your personal information. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy.

9. Third-Party Services

Our Services may integrate with or contain links to third-party platforms, applications, or services, including but not limited to Slack, Microsoft Teams, WhatsApp, and SMS carriers. These third-party services are governed by their own terms and conditions and privacy policies. MitKat is not responsible for the content, functionality, accuracy, or practices of any third-party services. Your use of such services is at your own risk.

10. Service Availability and Modifications

We strive to ensure that our Services are available at all times. However, we do not guarantee uninterrupted, timely, or error-free access to any part of the Services. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Given the nature of emergency and safety communications, while we use commercially reasonable efforts to deliver notifications promptly, we cannot guarantee delivery times, and delays may occur due to network conditions, carrier limitations, or other factors beyond our control.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MITKAT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION.

MitKat does not warrant that safety alerts, travel advisories, or emergency notifications will be delivered without delay, that all relevant events will be detected, or that the information contained in such communications will be complete or error-free. Users should not rely solely on the Services for personal safety decisions and should exercise independent judgment at all times.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MITKAT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

In no event shall MitKat’s total aggregate liability to you for all claims arising out of or in connection with these Terms or the Services exceed the total amount paid by you (or your organisation on your behalf) to MitKat during the twelve (12) months preceding the event giving rise to the liability.

13. Indemnification

You agree to indemnify, defend, and hold harmless MitKat, its officers, directors, employees, agents, subsidiaries, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

14. Termination

We may suspend or terminate your access to the Services at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India. Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of not less than thirty (30) days.

16. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will update the “Effective Date” at the top of this document and, where appropriate, notify you through our Services or via email. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us at:

MitKat Advisory Services Pvt Ltd

511, Ascot Centre, Off Sahar Road, Mumbai – 400 099, India Email: contact@mitkatadvisory.com Website: https://mitkatadvisory.com