TERMS AND CONDITIONS FOR SAAS
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND INFINTOR SOLUTIONS LLP. (hereinafter “Infintor”) GOVERNING YOUR USE OF GABA ERP FOR ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and, specific to the use of individual Services (hereinafter the “Service Specific Terms”). The “Terms” refers to both the General Terms and the Service Specific Terms. If the General Terms and the Service Specific Terms conflict, the Service Specific Terms will prevail.
Acceptance of the Terms
To accept the Terms, you must be of legal age to enter into a binding agreement. If you do not accept the General Terms, do not use any of our Services. Do not use the corresponding Service if you agree to the General Terms but not to the Service Specific Terms. You can accept the Terms by checking a box or clicking a button indicating your agreement, or by using the Services.
Description of Service
We offer ERP application, Human Resource application, Ecommerce application, Spa management application and customer relationship management application (“Service” or “Services”). You may use the Services for personal and business objectives, as well as for internal business purposes within the organization you represent. You can use any Internet browser that the Services support to connect to the Services. You are responsible for obtaining Internet access and all necessary equipment to utilize the Services.
Free online training (18 hours. Maximum 6 sessions – 1 session maximum up to 3 hours) for prepayment upto 3 months.
Free online training ( 9 hours Maximum 3 sessions – 1 session maximum up to 3 hours) for monthly payments. Video tutorials will be provided.
You will be provided access to Infintor support desk where you can raise tickets for assistance or issues in the software provided. Assistance will be provided by our team for a stipulated amount of period as agreed & thereafter will be charged on an hourly basis. Assistance will be strictly using online meeting platforms as decided by Infintor. Our technical team will be the final authority in analyzing the severity & urgency of the issue.
Subscription to Beta Service
For testing and evaluation, we may provide certain Services as closed or open beta services (“Beta Service” or “Beta Services”). You agree that we have sole authority and discretion over the period that Beta Services are tested and evaluated. We shall be the sole deciders of the testing’s success and, if applicable, the choice to provide the Beta Services as commercial services. As a result of your Beta Service subscription, you will not be obligated to purchase a subscription to utilize any premium Service. We reserve the right to completely or partially discontinue any of the Beta Services at any time and from time to time, temporarily or permanently, with or without notice to you. You agree that Infintor will not be liable to you or any third person for any harm caused by the modification, suspension, or discontinuation of any of the Beta Services for any reason.
Modification of Terms of Service
We may modify the Terms at any time by issuing a service announcement or sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, we will send you an email at least 30 days before the change informing you of the changes. You may terminate your use of the Services by sending an email to Infintor within 30 days of being notified of their availability of the modified Terms. In the event of such termination, you will not be entitled for any refund of any prepaid costs. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be considered agreement of the updated Terms.
User Sign up Obligations
You need to choose one among the service plans offered by Infintor to access or use the Services. Features available for the user will be based on the plan they opt for. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Infintor has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Infintor may terminate your user account and refuse any current or future usage of the Services.
Organization Accounts and Administrators
You can specify one or more administrators when creating an account for your company. Administrators will be able to configure the Services based on your requirements and manage end users in your organization’s account. If your organization account is created and configured by a third party on your behalf, the third party is likely to have assumed an administrator position for your organization. Make sure you have an appropriate agreement with such a third party, outlining their roles and restrictions as an administrator of your organization’s account.
You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators to manage your organization account, and iii) ensuring that all activities related to your organization’s account comply with this Agreement. You understand that Infintor is not responsible for account administration and internal management of the Services for you.
You are responsible for ensuring that your organization does not lose control of the administrator accounts by taking the necessary steps. 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 [email protected], provided that the process is acceptable to Infintor. In the absence of any specified administrator account recovery process, Infintor may provide control of an administrator account to an individual providing proof satisfactory to Infintor demonstrating authorization to act on behalf of the organization. You agree not to hold Infintor liable for the consequences of any action taken by Infintor in good faith in this regard.
Personal Information and Privacy
Communications from Infintor
The Service may include certain communications from Infintor, such as service announcements, administrative messages, and newsletters. You understand that using the Services involves receiving these communications. As part of our commitment to your complete privacy, we also provide you the option of opting out of getting our newsletters. However, you will not be able to unsubscribe from receiving service announcements and administrative messages.
If we receive a complaint from any person against you concerning your activities as part of using the Services, your user’s account primary email address. Within 10 days of receiving the complaint forwarded by us, you must react to the complainant personally and include Infintor in the communication. If you do not respond to the complainant within 10 days of receiving our email, 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 10 days, will be construed as your consent to Infintor disclosing your name and contact information to the complainant.
Fees and Payments
The Services are accessible as part of subscription plans with varying periods (Monthly/Yearly). Unless you downgrade or upgrade your membership plans or inform us that you do not intend to continue the subscription, your subscription will be automatically renewed at the end of each subscription period. The subscription price will be charged to the Credit Card you previously used at the time of automatic renewal. If you’d prefer to pay for the renewal with a different credit card, you have the option to change the details. If you do not want to renew the subscription, kindly inform us at least seven days before the renewal date. You will be presumed to have allowed Infintor to charge the subscription cost to the Credit Card previously used by you.
We reserve the right to adjust the pricing of any Service or to charge for the usage of Services that are currently available. Along with the increase in costs due to inflation; pricing for third-party resources for SAAS including Infrastructure may change abruptly as and when the particular company changes its pricing. Any price increases will not take effect until the end of your current billing cycle.
The scope of work mentioned above in the proposal document will be considered as the final scope of the project. Any changes outside the above-mentioned scope of work will be considered as change requests except the bugs and will be charged on hourly bases by analyzing the requirement.
SAAS to Self hosting:
If in the future you decide to change to self-hosting from SAAS; migration charges will be applicable as per the data.
Backup data at the time of Termination:
If you decide to opt-out of our SAAS service; you will be provided with a data file & you will be charged for data backup charges.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you agree not to: (i) transfer the Services or otherwise make the Services 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) post links to third party sites or utilise their logo, company name, or other identifying information without their prior written permission; (v) host, display, upload, modify, publish, transmit, store, update or share any data that belongs to another person and over which you have no authority, including personal or confidential information of any person or business without obtaining consent or permission from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Infintor; (vii) violate any applicable local, state, national or international law; (viii) use our Services in any manner that threatens unity, integrity, defence, security or sovereignty, friendly relations with other countries, or public order, or incites the commission of any cognisable offence or prevents investigation of any offence or is insulting other countries; (ix) create a false identity to mislead any person as to the identity or origin of any communication; (x) use the services to transmit information that is patently false and untrue, and is written or published in any form, with the intention to mislead, harass, or harm a person, entity, or agency for financial gain or to cause any injury to any person; or (xi) use the services in a way that is related to or encourages any activity prohibited by Indian law.
Spamming and Illegal Activities
You agree that the contents of your transmissions over the Services are completely your responsibility. You agree not to use the Services for illegal purposes or to transmit material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another’s privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe on another’s intellectual property or other rights. We reserve the right to terminate your access to the Services if we have reasonable grounds to believe you have used the Services for any illegal purpose.
You will be provided access to Infintor support desk where you can raise tickets for assistance or issues in the software provided. Assistance will be provided by our team for a stipulated amount of period as agreed with you in contract & thereafter will be charged on an hourly basis. Assistance will be strictly using online meeting platforms as decided by Infintor. Our technical team will be the final authority in analyzing the severity & urgency of the issue. or unauthorized activity.
We respect your right to own content you’ve created or stored. You are the sole owner of the content you create or store. Unless specifically permitted by you, your use of the Services does not grant Infintor the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Infintor’s commercial, marketing, or any similar purpose. However, you grant Infintor permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely to provide you with the Services.
You may use any of the Services to transmit or publish content that you have created. On the other hand, you will be fully responsible for such content and the consequences of its transmission or publication. Any publicly available content will be accessible over the internet and maybe crawled and indexed by search engines. You are responsible for ensuring that no private information is accidentally made public. You undertake not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, licence, or otherwise exploit any content that you may get from other users of the Services for any purpose without the prior written approval of the person who holds the rights to such content. If you come across any content with copyright notice(s) or copy protection feature(s) while using any of the Services, you agree not to remove such copyright notice(s) or, depending on the situation, disable any copy protection features. By making any copyrighted/copyrightable content available on any of the Services, you represent and warrant that you have the consent, authority, or permission, as the case may be, from anyone who might have a claim to such content’s rights to make it available in this way. Further, by making any content available in an aforementioned manner, you expressly agree that Infintor has the right to block access to or remove any content made available by you if Infintor receives complaints about any illegality or infringement of third-party rights in such content. You expressly consent to the determination of problems of illegality or infringement of third party rights in such content by the agent designated by Infintor for this purpose by utilizing one of the Services and transmitting or publishing content through it.
Sample files and Applications
Infintor may provide sample files and applications to demonstrate the possibility of using the Services effectively for specific purposes. The data in any of these sample files and applications are made up of random data. Infintor provides no express or implied warranties on the information, sample files, or applications’ accuracy, usefulness, completeness, or reliability.
Infintor Corporation’s trademarks include Infintor, the Infintor logo, the names of specific Services, and their logos. You agree not to display or use, in any manner, the Infintor trademarks, without Infintor’s prior permission.
Disclaimer of Warranties
YOU AGREE AND EXPRESSLY UNDERSTAND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED BASED ON “AS IS” AND “AS AVAILABLE.” INFINTOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFINTOR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA CAUSED BY YOUR USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM INFINTOR, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT INFINTOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR ANY 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, WHETHER DIRECT OR INDIRECT, SHALL IN NO EVENT EXCEED THE FEES PAID BY YOU FOR SUCH SERVICE.
You agree to hold Infintor, 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 any other claim related to your use of the Services, except where such use is unauthorized, relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provision of the Terms, or any other claim related to your use of the Services.
Suspension and Termination
In the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies, we may suspend your user account or temporarily block access to all or part of any Service. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. After thirty days, we may terminate a suspended or disabled user account. Your user account will also be terminated if you request it.
Furthermore, we reserve the right to terminate your user account and deny access to the Services if we have reasonable grounds to believe you have violated the Terms, as well as to terminate your access to any Beta Service in the event of unexpected technical issues or the Beta Service discontinuation. You have the right to terminate your user account if Infintor breaches its obligations under these Terms and in such event. Denial of access to the Services, deletion of information in your user accounts such as your email address and password, and deletion of all data in your user account are all part of the termination of your user account.
If you have any questions or concerns regarding this Agreement, please contact us at [email protected]