Terms of Agreement
This is an Agreement (“Agreement”) between Discus IT Pvt Ltd., herein (“DIT”), having an office and place of business at Gujarat, India, and the entity agreeing to the terms herein (“Participant”, “You”, “you” or “Customer”). By using or accessing any part of the Service, You agree that you have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into this Agreement on behalf of a company, you acknowledge that you have the authority to bind that company to the terms of this Agreement.
Description of Service
DIT provides software as a web service, also referred to as cloud service, (herein after referred as “Service” or “Services”). The Service is offered and provided subject to the terms and conditions of this Agreement. You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Modification of Terms of Service
DIT reserves the right to update and change the Terms of Service from time to time; an updated classify version will be published on our website. If we make significant changes to the Terms that affect your rights, you may terminate your use of the Services. Your continued use of the Service after any changes shall constitute your consent to such changes. The most current version of the Terms of Service at any time on our website.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication (ix)use the Services for spamming and/or other illegal purposes.
Payment, Refund, and Subscription Terms
- A free trial is offered on a case-to-case basis without the need for any financial obligation
- Post expiration of the free trial period the Services are available under subscription plans of various durations.
- The Service is billed on a half-yearly and/or annual basis.
- DIT reserves the right to change the subscription fee from time to time.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- If the Customer pays via bank transfer, the necessary bank transfer charges should be borne by the Customer.
- In both cases, the amount billed is non-refundable. There will be no refunds or credits for partial months of service.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- Your subscription will be automatically renewed at the end of each subscription period unless either party gives the other written notice of termination at least thirty (30) days prior to the expiration of the then-current term.
- From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge.
- In case of non-payment for any reason or any violation of these terms, DIT shall be entitled – without liability – to immediately stop/bar Customer's access to the Service.
Cancellation and Termination
- You are solely responsible for properly canceling your account.
- All of your content will be inaccessible from the Service immediately upon cancellation.
- DIT in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. DIT reserves the right to refuse service to anyone for any reason at any time.
- The Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data. DIT does not pre-screen Content but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. The personal information you provide through the Service is governed by our Privacy Policy. Your election to use the Service indicates your acceptance of the terms of our Privacy Policy.
- You hereby give consent that, DIT may identify you as a Customer of the service (using your name and logo) and generally describe the products or services it provides to you in its promotional materials, presentations, media, press releases and proposals to other current and prospective customers.
- Data backup for all the customers is automatically done using providers like Amazon.com, Incant others. However, there might be rare occasions of data loss or failure to store or retrieve any data due to a defect in our software or the software used by the above-mentioned cloud service providers or any other reason. In such cases, DIT will restore the last backup data in mutual consultation with the customer.
- Customer agrees not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another.
- Customers may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Further, by making any content available in the manner aforementioned, you expressly agree that DIT will have the right to block access to or remove such content if DIT receives complaints concerning any illegality or infringement of third party rights in such content.
General Account Terms
- Your use of the Service is at your sole risk. The service is provided on an “AS IS” basis.
- Access to the Service is only available to the Customer and the Users to whom the Customer grants access. Usernames and passwords are personal and are to be considered part of Confidential Information of Customer.
- Customers may not use the Service for any illegal or unauthorized purpose.
- Customer must not, in the use of the Service, violate any laws in customer jurisdiction (including but not limited to copyright laws).
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- DIT reserves the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we will reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
Confidentiality
Confidential Information of DIT shall mean the Services other than the Customer Data. Confidential Information of the Customer shall mean all business information of Customer and shall include the Customer Data. Confidential Information does not include any information which is in the public domain (other than through a breach of this agreement), which is independently developed by the recipient or which is received by a third party, not under restriction. The recipient will not disclose the Confidential Information, except to affiliates, employees, agents, professional advisors, or third party vendors who participate in providing Services hereunder who need to know it and who have agreed to keep it confidential.
The recipient will ensure that those people and entities use the received Confidential Information only to exercise the rights and fulfill obligations under this Agreement while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction; provided that the recipient uses commercially reasonable efforts to promptly notify the other party of such disclosure before complying with such order.
Warranty and Disclaimer
- DIT agrees to defend, indemnify, and hold harmless Customer, its Affiliates, and their respective officers, directors, employees, agents, representatives and contractors from and against any claims, actions, demands, liabilities and expenses, including, without limitation, damages, other monetary relief, expert fees, costs and reasonable legal fees, alleging or resulting from any claim that the Services infringe upon the intellectual property rights of whatever type or form of any third party.
- DIT is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the Customer provided internet and electronic communications.
- Except as otherwise provided herein, the Service is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
- DIT takes reasonable care for virus protection and other harmful components; however given the nature of virus evolution, DIT makes no warranty that the service will be free of viruses or other harmful components.
- DIT makes no warranty that the service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); however, when such errors or interruptions occur, DIT will take reasonable efforts the rectify the errors and interruptions.
- Any information or advice obtained by Customer in connection with the Service will be accurate or complete; the results of using the Service will meet Customer requirements.
Limitation of Liability
IN NO EVENT SHALL DIT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DIT RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL DIT'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST 3 MONTHS FEES PAID BY YOU TOWARDS SUCH SERVICE.
Privacy Terms
At DIT, we respect and value our customers and users' need for online privacy and ensure the protection of any personal information that may be shared with us, in an appropriate manner. DIT practice in regards to the use of customer personal information is detailed in our Privacy Policy Page which you can find here.
This Agreement will be governed by and construed in accordance with the laws prevailing in India and all disputes, claims arising out of this agreement will be within the jurisdiction of the court of law in Ahmedabad.
Last Updated: October 03, 2019
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