This is an agreement between you or the company that you represent (hereinafter “you” or “your”) and Divinotech India Pvt. Ltd (hereinafter “Divinotech) governing your use of Divinotech site of online business productivity and collaboration software.
Parts of this Agreement
This Agreement consists of the following terms & conditions (hereinafter the “General Terms”) and terms & condition, if any, specific to use of individual services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
If you do not agree to the General Terms, do not use any of our services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding service.
Description of service
We impart various services for online association and management including word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, management application and project management application. User may use the services for their business purpose or for internal business purpose in the organization that they represent. User mat connect to the services using any internet browser supported by the services. Users are responsible for obtaining access to the internet and the equipment necessary to use the services. User and create and edit content with their user account and if they choose to do so, user can publish and share such content.
Subscription to Beta Service
Sometimes we offer few services as closed or open Beta services for the purpose of testing and evaluation. You agree that we have the sole authority to determine the period of time for testing and evaluation of beta services. We will have the sole authority to determine the success of such testing and decision, if there is any, to offer the Beta services as commercial services. You will be under no obligation to obtain a subscription to use any paid service as a result of your subscription of any Beta service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta services with or without notice to you. You agree that Divinotech India will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta services for any reason.
Modification of Terms of Service
Divinotech India may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided at least 30 days advance notice of the changes by email to your primary email address. You may discontinue your use of the Services by providing notice to us within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the services. In the event of such discontinuation, you will be entitled to get refund of the unused portion of any prepaid fees. Your continued use of the service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Responsibilities
You need to sign up for a user account by providing all required information in order to access or the use of services. If you represent a company and wish to use the services for corporate internal use, we recommend that you, and all other users from your company, sign up for user accounts by providing your corporate contact information. You agree to (I) provide True, accurate, current and complete information about yourself as prompted by the sign up process, and (II) maintain and promptly update the information provided during sign up to keep it true, accurate, current and complete. If you provide any information which is untrue, inaccurate, outdated and incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated and incomplete, we may discontinue your user account and refuse current or future use of any or all of the services.
Organization Accounts and Administrators
When you sign up for an account for your company you may specify one or more administrators. The administrators will have the right to configure the services based on your requirements and manage end users in your company account. If your company account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your company. Make sure that you enter into a satisfactory agreement with such third party specifying such party’s role and restrictions as an administrator of your company account.
You are responsible for (A) ensuring confidentiality of your company account password, (B) appointing competent individuals as administrators for managing your company account, and (C) ensuring that all activities that occur in connection with your company account comply with this agreement. You understand that Divinotech India is not responsible for account administration and internal management of the services for you.
You are responsible for taking necessary steps for ensuring that your company does not lose control of the administrator account. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org provided that the process is acceptable to us. In the absence of any specified administrator account recovery process, Divinotech India may provide control of an administrator account to an individual providing proof satisfactory to Divinotech India demonstrating authorization to act on behalf of the company. You agree not to hold Divinotech India liable for the consequences of any action by Divinotech India in good faith in this regard.
Personal information and Privacy
Communications from Divinotech India
The Service may include certain communications from Divinotech India, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Divinotech India in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Divinotech India to the complainant.
Fees and Payments
The services are available under subscription plans of various duration. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not want to renew the subscription. At the time of automatic renewal, a subscription fee will be charged. If you do not want to renew the subscription, you must inform us at least 15 days prior to the renewal date.
From time to time, we may change the price of any service or charge the use of services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any service unless you have opted for a paid subscription plan.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (A) transfer the Services or otherwise make it available to any third party; (B) provide any service based on the Services without prior written permission; (C) use the third party links to sites without agreeing to their website terms & conditions; (D) post links to third party sites or use their logo, company name, etc. without their prior written permission; (E) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (F) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Divinotech India (G) violate any applicable local, state, national or international law; and (H) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree 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 intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Divinotech India the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Divinotech India’s commercial, marketing or any similar purpose. But you grant Divinotech India permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You 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. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Divinotech India Pvt. Ltd will have the right to block access to or remove such content made available by you if Divinotech India receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Divinotech India for this purpose.
Sample files and Applications
Divinotech India may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Divinotech India makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Logo of Divinotech India, the names of individual services and their logos are trademarks of Divinotech India Pvt. Ltd. You agree not to display or use, in any manner, the Divinotech India trademarks, without prior permission.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Divinotech india expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Divinotech india makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from divinotech india, its employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liabilities
You agree that divinotech india shall, in no event, 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 divinotech india has been advised of the possibility of such damage. In no event shall divinotech indias entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
You agree to indemnify and hold harmless Divinotech India, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Divinotech India Pvt. Ltd.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Kolkata and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Divinotech India may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Divinotech India breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
End of Terms of Service
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.