Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between You and Eva Excelsior Solutions Pvt Ltd ("Eva Excelsior", "We", "Us", "Our"). These Terms govern Your access to and use of the Global eTrade Portal, its website(s), mobile applications, APIs, and all associated services. By clicking "I Agree", registering an account, or using any part of the Portal, You agree to these Terms in full.

1. Acceptance and Binding Nature

These Terms of Use, together with the User Policy, Disclaimer, Legal Notice, and Privacy & Data Policy (collectively "Platform Policies"), form the complete agreement between You and Eva Excelsior. In the event of any inconsistency between these Terms and any other Platform Policy, these Terms shall prevail to the extent of the inconsistency, unless otherwise expressly stated.

2. Access to the Portal

2.1 Permitted Access

Eva Excelsior grants You a limited, revocable, non-exclusive, non-transferable right to access and use the Portal strictly in accordance with these Terms and all applicable laws. This right does not include any right to: (a) sub-license access to third parties; (b) commercialise the Portal's data or functionality independently; (c) develop competing products using Portal data or algorithms; or (d) use the Portal for any purpose not expressly permitted by these Terms.

2.2 System Requirements & Availability

Eva Excelsior will use commercially reasonable efforts to maintain Portal availability on a 24/7/365 basis. However, the Portal may be temporarily unavailable for scheduled maintenance, security patching, regulatory compliance updates, force majeure events, or circumstances beyond Eva Excelsior's reasonable control. Eva Excelsior provides no guarantee of uninterrupted access and shall not be liable for losses arising from scheduled or unscheduled downtime.

3. Platform Services — Scope & Limitations

3.1 Marketplace Services

Eva Excelsior provides a digital marketplace enabling Exporters to list products and Importers/Buyers to discover, enquire about, and order products. The Portal facilitates the connection between trading parties but is not a party to any sale and purchase agreement formed between Users. All contracts for the sale, purchase, supply, or delivery of goods are between the Exporter and Importer/Buyer exclusively.

3.2 Compliance & Regulatory Services

The Portal's compliance engine provides automated compliance checklists, regulatory summaries, ICEGATE integration, DGFT filing support, and country-specific compliance guides. These services are provided for informational and administrative efficiency purposes. Eva Excelsior does not act as a licensed customs agent, regulatory consultant, or legal representative of any User.

3.3 Trade Finance Services

The Portal facilitates access to pre-shipment and post-shipment trade finance, letter of credit processing, invoice discounting, and escrow services through integrated banking and NBFC partners. Eva Excelsior acts solely as a technology facilitator and is not a bank, non-banking financial company, payment aggregator, or financial institution regulated by the Reserve Bank of India. All financial transactions are governed by the terms of the relevant financial institution and applicable RBI regulations.

3.4 Logistics & Shipping Services

The Portal provides API-based integration with logistics service providers including shipping lines, freight forwarders, airlines, and 3PL providers. Eva Excelsior does not own, operate, or control any vessel, aircraft, warehouse, or logistics facility. All logistics contracts are between the User and the relevant logistics service provider.

3.5 Auction Services

The Portal's auction module enables forward auctions (Exporter sells to highest bidder) and reverse auctions (Buyer procures from lowest bidder). By participating in any auction, You agree: (a) all bids are binding offers; (b) winning bids create legally binding contracts; (c) bid manipulation, shill bidding, or collusion in auctions is prohibited and constitutes a criminal offence under the Competition Act 2002 and IPC; (d) Eva Excelsior's determination of auction results is final and binding subject to applicable dispute resolution procedures.

4. Fees, Payments & Refund Policy

4.1 Platform Fees

Eva Excelsior charges fees for use of the Portal as set out in the applicable Fee Schedule published on the Portal from time to time. Fees may include: (a) subscription fees for platform access tiers; (b) transaction fees calculated as a percentage of GMV of transactions processed; (c) compliance service fees; (d) trade finance facilitation fees; and (e) premium data and analytics subscription fees.

4.2 Payment Terms

All fees are payable in advance or as specified in the applicable Fee Schedule. Eva Excelsior reserves the right to withhold access or suspend services for non-payment. All fees are quoted exclusive of applicable taxes (GST and other taxes as applicable). Indian GST shall be charged at the applicable rate on all taxable supply.

4.3 Refund Policy

Subscription fees are non-refundable except where required by applicable consumer protection law. Transaction fees are non-refundable once a transaction has been initiated. Eva Excelsior may, at its sole discretion, issue credits or partial refunds in cases of documented Platform errors or service failures. No refund shall be issued for losses arising from market fluctuations, counterparty default, or regulatory decisions.

4.4 Escrow Funds

Funds held in escrow by Eva Excelsior or its escrow partner are governed by the Escrow Terms separately communicated to Users. Eva Excelsior is not liable for any interest that may accrue or not accrue on escrowed funds.

5. Content Standards

5.1 Accuracy of Listings

Exporters are solely responsible for the accuracy of all product listings, technical specifications, certifications, pricing, minimum order quantities, and delivery timelines. Listings must accurately reflect the actual goods available for export. Eva Excelsior may remove, modify, or suspend any listing that it determines in its sole discretion violates these Terms or applicable law.

5.2 Prohibited Content

Users must not upload, transmit, or publish any Content that: (a) is false, misleading, or deceptive; (b) violates the intellectual property rights of any third party; (c) promotes, glorifies, or facilitates illegal activity; (d) contains malware, viruses, or harmful code; (e) violates the DPDP Act 2023 or any applicable data protection law; or (f) constitutes spam, unsolicited commercial communications, or phishing.

6. Incoterms & Delivery of Goods

All transactions on the Portal shall specify the applicable Incoterms 2020 trade term governing the delivery of goods. The selected Incoterm determines the allocation of risk, cost, and delivery obligations between Exporter and Importer. Eva Excelsior's Platform generates ICC Incoterms 2020-compliant documentation and provides guidance on Incoterm selection; however, Users are solely responsible for selecting the appropriate Incoterm for their transaction and for fulfilling the obligations assigned to them under the selected Incoterm.

7. Insurance

Eva Excelsior facilitates access to marine cargo insurance through partner insurance companies. Insurance coverage is subject to the terms and conditions of the relevant insurance policy issued by the insurer. Eva Excelsior: (a) is not an insurance broker or agent under the IRDAI Act unless separately licensed; (b) does not underwrite or guarantee any insurance coverage; (c) is not liable for any rejected insurance claim; and (d) is not liable for any uninsured loss. Users are strongly advised to ensure adequate insurance coverage for all shipments.

8. Intellectual Property Infringement Reporting

If You believe that Content on the Portal infringes upon your intellectual property rights, please submit a written notice to legal@evaexcelsior.com containing: (a) identification of the copyrighted work or trademark claimed to have been infringed; (b) identification of the infringing Content with sufficient detail for Eva Excelsior to locate it; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorised by the IP owner; and (e) a statement that the information in the notice is accurate. Eva Excelsior will process valid notices in accordance with its take-down policy.

9. Anti-Competitive Conduct

Use of the Portal for any purpose that violates competition law in any applicable jurisdiction is strictly prohibited. This includes:

• Price-fixing, market allocation, bid-rigging, or output restriction in violation of the Competition Act 2002 (India), the Sherman Act (USA), EU Competition Law (Articles 101–102 TFEU), or equivalent legislation.
• Abuse of dominant market position through exclusionary pricing or refusal to deal.
• Collusion with competitors facilitated through the Portal's communication tools.
• Gun-jumping in the context of merger or acquisition transactions subject to CCI or other regulatory approvals.

10. Termination

Either party may terminate these Terms by: (a) a User closing their account through the Portal's account management interface; or (b) Eva Excelsior suspending or terminating a User's account pursuant to the User Policy. Termination does not affect accrued rights and obligations. Provisions of these Terms that by their nature should survive termination (including intellectual property, liability limitations, indemnity, and governing law) shall survive.

11. Entire Agreement & Severability

These Terms, together with all Platform Policies, constitute the entire agreement between You and Eva Excelsior in relation to the Portal and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.