Article 32 | Scope of Liability & Exclusions

(1) General Limitation and Disclaimer: The ISAIL Secretariat, OpenBharat.net, the OpenBharat.net Governing Council (OBGC), and their respective officers shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from participation in Alliance activities, working groups, or repository sprints, except in cases of proven willful misconduct or gross negligence.

(2) Technical Outputs and As-Is Provision: All standards specifications, benchmark suites, architectural blueprints, testbed findings, and code implementations released under OpenBharat.net are provided strictly on an as-is and as-available basis, without warranties of merchantability, fitness for a particular computational purpose, or non-infringement. Members and third parties assume full operational risk for deploying or relying upon such outputs.

(3) Member Conduct, Data Privacy, and IP Infringement: Neither the Secretariat nor OpenBharat.net assumes liability for independent IP infringements, confidentiality leaks, or statutory data privacy breaches perpetrated by individual members. Each member warrants that its inbound code, training data, and documentation comply with third-party intellectual property rights and statutory data protection laws.

(4) Inter-Member Disputes: The Secretariat and OpenBharat.net shall not be joined as parties to bilateral disputes, commercial claims, or private conflicts arising between Alliance Members.

(5) Dispute Resolution via Mediation and Arbitration:

• In the event of any institutional dispute arising out of or in connection with this Charter, the parties shall first attempt conciliation through online mediation administered by WebNyay pursuant to the WebNyay Rules.

• If the dispute remains unresolved within forty-five (45) days of initiating mediation, it shall be referred to and finally resolved by sole-arbitrator arbitration administered by WebNyay under its procedural rules.

• The legal seat and venue of arbitration shall be Prayagraj (Allahabad), Uttar Pradesh, India, and the proceedings shall be conducted in the English language.

(6) Governing Law and Jurisdiction: The interpretation, validity, and enforcement of this Charter shall be governed exclusively by the laws of India. Subject to the arbitration agreement in paragraph (5), the competent civil courts located in Prayagraj (Allahabad), Uttar Pradesh, shall exercise exclusive supervisory jurisdiction.

(7) Rule of Construction and Severability: In the event of any ambiguity, competing interpretation, or drafting vagueness in this Charter, the provision shall be construed in the manner that prioritizes the protection of ISAIL and OpenBharat.net against unauthorized proprietary enclosure, data exfiltration, and intellectual property misuse. If any clause of this Article is found unenforceable, it shall be severed without impairing the validity of the remaining provisions.