Thank you for selecting the Services offered by SAN SOFTWARES. and/or its subsidiaries and affiliates (referred to as “SAN SOFTWARES”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and SAN SOFTWARES. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
Our team may call/E-Mail you for information of Services or Third Party Products. You agree that SAN SOFTWARES may send these communications to you via E-mail/Call.
B. GENERAL TERMS
This Agreement describes the terms governing your use of the SAN SOFTWARES software/app/online services provided to you on this website, including content, updates and
new releases, (collectively, the “Services”). It includes by reference.
- SAN SOFTWARES’s Privacy Statement provided to you in
the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services,
including product or program terms, ordering, activation, payment terms, etc
- SAN SOFTWARES’s Privacy Statement provided to you in
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by SAN SOFTWARES.
SAN SOFTWARES reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, SAN SOFTWARES grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 On expiry of subscription or on expiry of trial period, you will not be able to access the Services. For continuation of use of Services, you need to renew subscription or contact SAN SOFTWARES who will then provide a temporary license/access key to avail the Services. This temporary license/access key is valid for 5 days.
2.3 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates an applicable law, regulation or this Agreement. You agree you will not.
- Provide access to or give any part of the Services to any unauthorized third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless SAN SOFTWARES or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
a. Payments will be billed to you by SAN SOFTWARES and/or its vendor(s) in INR which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following.
- 1. A valid credit card acceptable to SAN SOFTWARES and/or its vendor(s);
- 2. A valid debit card acceptable to SAN SOFTWARES and/or its vendor(s);
- 3. In countries where accepted by SAN SOFTWARES, sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- 4. By another payment option SAN SOFTWARES and/or its vendor(s) provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, SAN SOFTWARES and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. SAN SOFTWARES and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Services.
g. All authorized refunds will be made in the original form of payment to SAN SOFTWARES.
3.b. REFUND POLICY
SAN SOFTWARES has made a free 10-day trial available in order to enable you to experience the product prior to purchase, and fully satisfy yourself as to its suitability for your business. During this period and thereafter, all possible assistance is made available to you, including free online training and technical support. However, if you are not satisfied with the product for any reason, there is no refund. We do not refund the amount that you have already paid as we are already offering a 10 days trial period for you to evaluate the app.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device using Internet acces and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
SAN SOFTWARES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO.
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION
You can view SAN SOFTWARES’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable SAN SOFTWARES Privacy Statement, and any changes published by SAN SOFTWARES. You agree that SAN SOFTWARES may use and maintain your data according to the SAN SOFTWARES Privacy Statement, as part of the Services. You give SAN SOFTWARES permission to combine information you enter or upload for the Services with that of other users of the Services and/or other SAN SOFTWARES services. For example, this means that SAN SOFTWARES may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. SAN SOFTWARES is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
6.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. Archive your Content frequently. You grant SAN SOFTWARES a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. SAN SOFTWARES is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;/li>
- Except as permitted by SAN SOFTWARES in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. SAN SOFTWARES does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which SAN SOFTWARES is not responsible.
6.3 SAN SOFTWARES may freely use feedback you provide. You agree that SAN SOFTWARES may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant SAN SOFTWARES a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to SAN SOFTWARES in any
6.4 SAN SOFTWARES may monitor your Content. SAN SOFTWARES may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect SAN SOFTWARES or its customers, or operate the Services properly. SAN SOFTWARES, in its sole discretion, may refuse to post,remove, or refuse to remove,any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 SAN SOFTWARES does not give professional advice. Unless specifically included with the Services, SAN SOFTWARES is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other SAN SOFTWARES services You may be offered other services, products, or promotions by SAN SOFTWARES (“SAN SOFTWARES Services”). Additional terms and conditions and fees may apply. With some SAN SOFTWARES Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant SAN SOFTWARES permission to use information about your business and experience to help us to provide the SAN SOFTWARES Services to you and to enhance the Services. You grant SAN SOFTWARES permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant SAN SOFTWARES permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications. SAN SOFTWARES may be required by law to send you communications about the Services or Third Party Products. You agree that SAN SOFTWARES may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact SAN SOFTWARES if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAN SOFTWARES, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. SAN SOFTWARES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 SAN SOFTWARES, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. NOTWITHSTANDING
THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF INDIA AND FOR THE AVOIDANCE OF DOUBT SAN SOFTWARES DOES NOT EXCLUDE LIABILITY FOR. (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.
9. LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SAN SOFTWARES, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, SAN SOFTWARES, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SAN SOFTWARES SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF SAN SOFTWARES AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SAN SOFTWARES, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
9.1 You agree to indemnify and hold SAN SOFTWARES and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). SAN SOFTWARES reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by SAN SOFTWARES in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
SAN SOFTWARES may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect SAN SOFTWARES’s rights to any payments due to it. SAN SOFTWARES may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT RESTRICTIONS
You acknowledge that the Services, including the mobile application, and the underlying software may include Indian technical data subject to restrictions under export control laws and regulations administered by the Indian government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW AND JURISDICTION.
This Agreement will be governed by the laws of India, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of SAN SOFTWARES’s or its Suppliers’ intellectual property rights may cause SAN SOFTWARES irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that SAN SOFTWARES shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect SAN SOFTWARES’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of NCT Delhi, India and you agree that you will procure that any third party making a claim against SAN SOFTWARES arising out of this Agreement shall bring such claim exclusively in the Indian courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
SAN SOFTWARES does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. SAN SOFTWARES prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and SAN SOFTWARES and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of SAN SOFTWARES. However, SAN SOFTWARES may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by SAN SOFTWARES or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact SAN SOFTWARES via an email to. firstname.lastname@example.org
16. SOCIAL MEDIA SITES.
17. THIRD PARTY PRODUCTS AND SERVICES.
third party products or services, including via the Service. SAN SOFTWARES may offer products and services on behalf of third parties who are not affiliated with SAN SOFTWARES (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. SAN SOFTWARES is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with SAN SOFTWARES in any way. You agree that the third parties, and not SAN SOFTWARES, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. SAN SOFTWARES will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of SAN SOFTWARES or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.