TERMS OF USE

Binding agreement. These Terms of Use ("Terms") constitute a legally binding agreement between you and PSM Orechem. By accessing, browsing, registering with, submitting any information to, or otherwise using the website psmgroup.co.in or any sub-domain operated by PSM Orechem, including but not limited to the FURNEX Platform, you confirm that you have read, understood, and agreed to be bound by these Terms in their entirety and by our Privacy Policy (which is incorporated herein by reference). If you do not agree to any provision of these Terms, you must immediately cease all use of the website and services.

1. Definitions

• "Company", "PSM Orechem", "we", "our", or "us" means PSM Orechem, an operating name used by [Gajanan Ores Pvt Ltd], a company incorporated under the Companies Act, 2013, with its registered/operating address at 3D, Shanti Hari Awasan, 1 Inner Circle Road, Bistupur, Jamshedpur, Jharkhand 831001, India.
• "Website" means psmgroup.co.in and any sub-domain, sub-directory, or associated digital property owned, controlled, or operated by the Company.
• "Services" means any product, technical recommendation, sample, quotation, audit, consultation, FURNEX Platform access, or other commercial or informational offering provided by the Company through the Website or otherwise.
• "User", "you", or "your" means any natural person who accesses or uses the Website or Services, or any legal entity on whose behalf such person is acting.
• "Content" means all text, graphics, images, photographs, videos, audio, designs, layouts, source code, software, schemas, technical data, product specifications, brand names, trademarks, logos, and other material made available through the Website.
• "FURNEX Platform" means the AI-powered furnace intelligence software-as-a-service platform operated by the Company at furnex.psmgroup.co.in.
• "Order" means any confirmed purchase order accepted in writing by the Company in respect of any Service.

2. Acceptance & Eligibility

By using the Website or Services, you represent and warrant that:

• You are at least 18 (eighteen) years of age and competent to enter into a binding contract under the Indian Contract Act, 1872.
• You are acting in your individual capacity or as an authorised representative of a legal entity, and where you are acting on behalf of a legal entity, you have full authority to bind such entity to these Terms.
• You will provide accurate, current, and complete information in any form you submit to us, and you will keep such information accurate, current, and complete.
• You will use the Website and Services only for lawful business purposes consistent with these Terms and applicable law.
• You are not a person to whom the Company is restricted or prohibited from providing Services under any sanctions, export-control regulations, or other legal restrictions applicable to the Company.

3. Use Licence & Restrictions

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to access and use the Website solely for your internal business purposes of evaluating, enquiring about, and procuring the Company's Services. All rights not expressly granted are reserved by the Company.

You agree that you will NOT:

• copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any portion of the Website or Content, except as expressly permitted herein;
• use any robot, spider, scraper, crawler, or other automated means to access, monitor, or copy the Website or Content;
• reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the Website, FURNEX Platform, or any Service;
• circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content;
• upload, transmit, or distribute any virus, worm, Trojan horse, logic bomb, malware, or other malicious code;
• impersonate any person or entity, falsely state or misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication;
• collect or harvest any personally identifiable information from the Website or other users, including account names, email addresses, or telephone numbers;
• use the Website or Services to send unsolicited communications, "spam", phishing, or any other form of solicitation;
• use the Website or Services in any manner that violates any applicable law, regulation, or third-party right (including intellectual property, privacy, publicity, or contractual rights);
• frame, mirror, or in-line link any part of the Website without our prior written consent;
• use the Content, brand names, or trademarks of the Company for any purpose competitive with our business or in any manner likely to cause confusion, dilution, tarnishment, or unfair competition;
• use the FURNEX Platform or any Service to develop a competing product or service or to train any third-party machine-learning or artificial-intelligence model;
• interfere with, disrupt, or impose an unreasonable load on the infrastructure of the Website or interfere with any other user's enjoyment of the Website.

The Company reserves the right, at its sole discretion and without liability, to investigate and take appropriate legal action against any person who, in the Company's sole judgement, violates this Section, including without limitation removing or suspending access to all or part of the Website or Services and pursuing all remedies available at law or in equity.

4. Intellectual Property Rights

All Content on the Website is the property of the Company, its licensors, or its content suppliers and is protected under applicable copyright, trademark, design, patent, and other intellectual-property laws of India and other jurisdictions, including the Copyright Act, 1957, the Trade Marks Act, 1999, the Designs Act, 2000, and international conventions to which India is a signatory.

The brand names "PSM Orechem", "BASEMIX M 101", "PREMIX M 102", "PREMIX M 103", "FURNEX", "Furnace Pulse", the PSM logo, and any associated taglines, design elements, and visual identity are trademarks of the Company (whether registered or unregistered) and may not be used, reproduced, modified, or displayed in any manner that is likely to cause confusion among customers, that disparages or discredits the Company, or that dilutes the strength of the Company's marks, without the Company's prior written authorisation. All other trademarks, service marks, trade names, and logos appearing on the Website are the property of their respective owners.

You acknowledge that no licence, right, title, or interest in or to any of the Company's intellectual property is granted to you by virtue of these Terms or your use of the Website, except for the limited use licence expressly granted in Section 3.

5. User Submissions & Feedback

By submitting any enquiry, comment, suggestion, idea, feedback, audit information, charge mix data, photograph, document, or other material to the Company through the Website, email, or any other means ("Submissions"), you grant the Company a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, fully-paid-up licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submissions for any business purpose, including but not limited to product development, marketing, training of AI models, and aggregated benchmarking.

You represent and warrant that (a) you own or have all necessary rights, licences, consents, and permissions to grant the licence above; (b) the Submission does not infringe or violate the rights of any third party; and (c) the Submission does not contain any unlawful, defamatory, obscene, harassing, or otherwise objectionable content.

You acknowledge that we shall have no obligation to keep Submissions confidential (unless agreed in a separate written non-disclosure agreement), no obligation to pay any compensation for any Submission, and no obligation to respond to or use any Submission.

6. Product Information, Specifications & Catalogue

Product descriptions, specifications, chemical compositions, grain distributions, performance claims, campaign-life estimates, photographs, and any other technical information published on the Website are provided for general informational purposes only and are subject to change without notice. Such information does not constitute an offer to sell or a representation, warranty, or guarantee by the Company.

Whilst we use commercially reasonable efforts to ensure the accuracy of product information, we do not warrant that any product description, specification, price, or other content on the Website is accurate, complete, current, or error-free. Variations may occur due to raw-material variability, batch-to-batch differences, operational conditions, and continuous product development. Actual performance of any product depends on numerous factors outside the Company's control, including but not limited to furnace design, operator skill, charge mix, slag chemistry, sintering practice, and maintenance procedures.

Performance claims such as "up to 55 hours per campaign" are illustrative based on typical operating conditions and shall not be construed as a binding warranty for any particular use or installation.

7. Quotations, Orders & Acceptance

Any quotation issued by the Company is an invitation to treat and not a binding offer. Quotations are valid for the period stated therein or, in the absence of a stated validity, for 15 (fifteen) days from the date of issue. A binding contract for the sale of any product is formed only upon the Company's written acceptance of a customer purchase order, or upon dispatch of goods, whichever occurs earlier.

The Company reserves the right, in its sole discretion and without liability, to refuse or accept any purchase order in whole or in part, to limit order quantities, to require additional verification of identity, creditworthiness, or end-use, and to discontinue or modify any product without prior notice.

All Orders are subject to product availability and to the Company's standard Terms of Sale, which shall prevail in the event of any conflict with these Terms of Use in respect of commercial supply.

8. Pricing, Payment & Taxes

All prices quoted on the Website or in any quotation are in Indian Rupees (INR) unless expressly stated otherwise, are exclusive of Goods and Services Tax (GST) and any other applicable taxes, levies, duties, freight, insurance, packaging, and ancillary charges (unless stated to be inclusive), and are subject to change without notice prior to the formation of a binding Order.

Payment terms shall be as set out in the Company's accepted quotation or invoice. The Company reserves the right to require advance payment, a security deposit, a bank guarantee, a letter of credit, or other credit-protection arrangements in respect of any Order.

The customer shall bear all bank charges, transaction fees, and currency-conversion costs associated with payment. Late payment shall attract interest at the rate of 1.5% (one and a half per cent) per month or the maximum rate permissible under law, whichever is lower, calculated from the due date until payment is received in full.

9. Delivery, Risk & Title

Delivery terms, schedules, and Incoterms shall be as agreed in the relevant Order. Any delivery date specified by the Company is an estimate only. The Company shall not be liable for any delay in delivery or any consequence arising from such delay where such delay is caused by events beyond the Company's reasonable control, including but not limited to those described in Section 16 (Force Majeure).

Risk in any product passes to the customer upon delivery (or upon the customer's nominated carrier taking possession, where applicable). Title to any product remains vested in the Company until the Company has received payment in full of all sums owing in respect of such product and any other products supplied to the customer.

10. Returns, Refunds & Cancellations

Products supplied by the Company are made-to-specification industrial materials and are not eligible for return or refund except in cases of demonstrable manufacturing defect that materially impairs the product's fitness for its intended purpose, notified to the Company in writing within 7 (seven) days of delivery with reasonable supporting evidence (including photographs, batch numbers, and a detailed description of the alleged defect). Defective product claims are subject to verification by the Company and, at the Company's election, may be remedied by replacement, repair, or refund of the purchase price of the affected batch, which shall constitute the customer's sole and exclusive remedy.

No return shall be accepted without prior written authorisation from the Company in the form of a Return Material Authorisation. Cancellation of any accepted Order requires the Company's written consent and may be subject to a cancellation fee equivalent to the Company's costs incurred in respect of the cancelled Order.

11. FURNEX Platform & Furnace Pulse Audit

The FURNEX Platform and the Furnace Pulse Audit ("Tools") are provided as informational decision-support tools intended for use by qualified furnace operators and refractory professionals. The outputs, predictions, calculations, recommendations, and benchmarks generated by the Tools are based on aggregated data, statistical models, and machine-learning algorithms and are provided "AS IS" and "AS AVAILABLE", without any warranty, guarantee, or representation as to accuracy, completeness, reliability, fitness for any particular purpose, or non-infringement.

The Tools do not constitute professional metallurgical, engineering, safety, financial, or legal advice. You must independently verify all outputs of the Tools and exercise your own professional judgement before taking any operational, financial, or safety-related decision. The Company shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your reliance on the Tools.

Your use of the FURNEX Platform is subject to the FURNEX Platform Terms of Service and the FURNEX Privacy Policy, which are incorporated herein by reference.

12. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORISED REPRESENTATIVE OF THE COMPANY, THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT (a) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE; (b) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (c) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (d) THE WEBSITE OR ANY SERVER USED IS FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (e) THE INFORMATION PROVIDED IS ACCURATE, COMPLETE, OR CURRENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PRODUCTION, LOSS OF SAVINGS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER COMMERCIAL DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, CONTENT, SERVICES, OR THESE TERMS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, CONTENT, OR ANY SERVICE (EXCLUDING THE COMMERCIAL SUPPLY OF PRODUCTS, WHICH IS GOVERNED BY THE COMPANY'S STANDARD TERMS OF SALE) SHALL NOT EXCEED THE LOWER OF (a) THE AMOUNTS PAID BY YOU TO THE COMPANY IN THE 12 (TWELVE) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) INDIAN RUPEES 10,000 (TEN THOUSAND ONLY).
• THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS. NOTHING IN THESE TERMS LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE INDIAN LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, shareholders, affiliates, licensors, and service providers from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, judgements, awards, fines, penalties, costs, and expenses (including reasonable legal and attorney fees) arising out of or in connection with (a) your access to or use of the Website, Content, or Services; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any applicable law or any third-party right (including any intellectual-property, privacy, publicity, or contractual right); (d) any Submission you make; or (e) any negligent or wilful act or omission by you or any person acting on your behalf.

The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, at your expense, in which event you shall cooperate with the Company in asserting any available defences.

15. Privacy & Data Protection

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Website, you consent to such collection, use, and protection in accordance with our Privacy Policy.

16. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay arises from any cause beyond its reasonable control, including without limitation acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, riot, civil unrest, governmental action, change in law, embargo, sanctions, strikes, lock-outs, labour disputes, shortage of raw materials or transportation, power outage, telecommunications failure, internet or cloud-service outage, cyber-attack, denial-of-service attack, or any other event of force majeure.

17. Confidentiality

Each party may receive or have access to confidential and proprietary information of the other party in the course of dealings under these Terms. Each party agrees to treat such information as strictly confidential, to use it only for the purposes contemplated by these Terms, and not to disclose it to any third party (other than its employees, advisors, and contractors who have a need to know and who are bound by confidentiality obligations no less restrictive than those contained herein), in each case for a period of 5 (five) years following the date of disclosure or, in respect of trade secrets, indefinitely.

18. Governing Law

These Terms, your use of the Website and Services, and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the substantive laws of the Republic of India, without giving effect to any conflict-of-laws principles.

19. Dispute Resolution & Arbitration

Good-faith negotiation. In the event of any dispute, controversy, or claim arising out of or in connection with these Terms (a "Dispute"), the parties shall first attempt to resolve the Dispute through good-faith negotiation by senior representatives of each party. Either party may invoke this process by giving written notice describing the Dispute in reasonable detail.

Arbitration. If the Dispute is not resolved within 30 (thirty) days of the written notice referred to above, the Dispute shall be referred to and finally resolved by arbitration administered under the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties, or failing such agreement within 15 (fifteen) days, appointed in accordance with the said Act. The seat and venue of arbitration shall be Jamshedpur, Jharkhand, India. The language of arbitration shall be English. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. The parties shall keep all arbitration proceedings, including the existence of any Dispute and any award, strictly confidential.

Jurisdiction. Subject to the arbitration provision above, the courts at Jamshedpur, Jharkhand, India shall have exclusive jurisdiction in respect of any matter relating to interim relief, enforcement of arbitral awards, or any matter not subject to arbitration.

20. Termination & Suspension

The Company may, in its sole discretion and without prior notice or liability, suspend or terminate your access to all or part of the Website or any Service at any time, including in cases where the Company believes, in its sole judgement, that you have breached or are likely to breach these Terms or any applicable law. Termination shall not affect any rights or obligations that have accrued prior to termination, nor any provision of these Terms that by its nature is intended to survive termination, including without limitation Sections 4 (IP), 5 (Submissions), 12 (Disclaimer), 13 (Liability), 14 (Indemnification), 17 (Confidentiality), 18 (Governing Law), and 19 (Dispute Resolution).

21. Modifications to Terms

The Company reserves the right to modify, amend, supplement, or replace these Terms at any time in its sole discretion. Material changes will be notified by posting a prominent notice on the Website or by other reasonable means. Your continued use of the Website or Services after such notice constitutes your acceptance of the revised Terms. If you do not agree to any modification, you must immediately cease use of the Website and Services.

22. General Provisions

• Entire agreement. These Terms, together with the Privacy Policy and any other policy or agreement referenced herein or signed by the parties, constitute the entire agreement between you and the Company in respect of the subject matter hereof and supersede all prior or contemporaneous communications, proposals, agreements, or understandings, whether oral or written.
• Severability. If any provision of these Terms is held by a competent court or arbitral tribunal to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. The parties shall negotiate in good faith to substitute the invalid provision with a valid provision that most closely reflects the original intent.
• No waiver. The failure of the Company to enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of the Company.
• Assignment. You may not assign, transfer, or sub-licence any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign or transfer these Terms in whole or in part.
• No agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and the Company.
• Third-party rights. No person who is not a party to these Terms shall have any right to enforce any of its provisions under the Indian Contract Act, 1872 or otherwise.
• Notices. All notices to the Company shall be in writing and sent to the address or email specified in Section 23 below. Notices to you may be given by email to the address you have provided to us, by posting on the Website, or by post to the address you have provided.
• Headings. Section headings are for convenience only and do not affect interpretation of these Terms.
• Language. These Terms are drafted in English. In the event of any translation, the English version shall prevail.

23. Contact & Grievance Redressal

For any question, complaint, or request concerning these Terms, the Website, or any Service, please contact:

PSM Orechem
3D, Shanti Hari Awasan,
1 Inner Circle Road, Bistupur,
Jamshedpur, Jharkhand 831001, India
Email: info@psmgroup.co.in
Phone: +91 99429 95507
Subject line: "Legal — Terms of Use"

24. Acknowledgement

BY ACCESSING, BROWSING, REGISTERING WITH, SUBMITTING ANY INFORMATION TO, OR OTHERWISE USING THE WEBSITE OR ANY SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS IN THEIR ENTIRETY, THAT YOU AGREE TO BE BOUND BY THESE TERMS, AND THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY ENFORCEABLE IN ACCORDANCE WITH APPLICABLE INDIAN LAW.