THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT ( HEREINAFTER “YOU” or “YOUR”) AND BYTEPLEXURE TECHNOLOGIES PRIVATE LIMITED (HEREINAFTER “BYTEPLEXURE”) GOVERNING YOUR USE OF BYTEPLEXURE'S SERVICES AND SOFTWARE.

Parts of this Agreement:

This Agreement comprises the following General Terms and any Service Specific Terms, if applicable. In case of a conflict between the General Terms and the Service Specific Terms, the latter shall prevail.

Acceptance of the Agreement:

You must be of legal age to enter into a binding agreement to accept this Agreement. If you disagree with the General Terms, please refrain from using our Services. If you agree to the General Terms but not to any Service Specific Terms, do not use the relevant Service. You can accept the Agreement by checking a checkbox or clicking a button indicating your acceptance or by using the Services.

Description of Service:

We offer cloud software and applications for businesses, including offline and mobile applications ("Service" or "Services"). You may use the Services for personal, business, or internal organizational purposes. To access the Services, you need an internet connection and compatible web browser. You can create, edit, publish, and share content using your user account.

Beta Service:

We may provide certain Services as closed or open beta services ("Beta Service" or "Beta Services") for testing and evaluation. The duration and commercial availability of Beta Services are determined at our sole discretion. You are not obligated to subscribe to any paid Service after using a Beta Service. We may discontinue Beta Services, temporarily or permanently, at our discretion, with or without notice, and without liability for any harm or loss.

Free Trial:

If you register for a free trial of one or more Services, we will offer the applicable Services for a trial period. Any data and customizations made during the trial will be lost unless you purchase a paid subscription plan, relevant Service upgrades, or export the data before the trial ends. Services during the free trial are provided "as-is" without warranties or liability, as permitted by law.

User Sign-up Obligations:

To use the Services, you must sign up for a user account and provide required information. For corporate use, we recommend that all users from your organization sign up using corporate contact information, including corporate email addresses. You agree to provide accurate and current information and to update it promptly. Misleading or incomplete information may result in account termination.

Restrictions on Use:

In addition to this Agreement, you shall not: (i) transfer or share the Services with third parties; (ii) provide services based on the Services without prior written permission; (iii) share user licenses among multiple individuals, except by reassigning the license; (iv) attempt to disassemble or reverse engineer the Services, except as permitted by law; (v) use third-party links without agreeing to their terms; (vi) post links or use logos or names of third-party sites without permission; (vii) attempt unauthorized access; (viii) use the Services to transmit malicious code; (ix) interfere with the Services' integrity or security; (x) create a false identity; (xi) host or share information to which you have no rights; (xii) use the Services to transmit false information; (xiii) violate any applicable law; (xiv) use the Services for competitive or benchmarking purposes; and (xv) remove proprietary notices.

Spamming and Illegal Activities:

You are solely responsible for your transmissions through the Services. You agree not to use the Services for illegal or unlawful purposes, including the transmission of objectionable, offensive, or harmful material. We may terminate access if there are reasonable grounds to believe the Services have been used for unauthorized or illegal activities.

Third-Party Applications:

The Services may integrate with Third Party Applications. Accessing and using these applications requires acceptance of Third Party Terms, and you are responsible for reading and understanding them. We are not liable for Third Party Applications and may suspend, restrict, or remove them at our discretion.

Fees and Payments:

Services are available under various subscription plans. Payment for plans less than a year in duration can be made by credit card. Subscriptions are automatically renewed unless you downgrade or cancel. Any price changes apply after your current billing cycle ends. Taxes may be invoiced as applicable by law.

Organization Accounts and Administrators:

You may specify administrators when signing up for an organization account. Administrators configure the Services and manage users. Ensure the confidentiality of administrator account details and establish recovery processes if needed. We are not responsible for account administration.

Personal Information and Privacy:

Your personal information is governed by our Privacy Policy. Using the Service implies acceptance of the Privacy Policy. You are responsible for maintaining the confidentiality of your account information. Notify us of any unauthorized account use.

Complaints:

If we receive a complaint regarding your use of our Services, we will forward the complaint to the primary email address associated with your user account. You are required to respond to the complainant within 10 days of receiving the complaint from us and also copy Byteplexure in your communication. Failure to respond within the 10-day timeframe will be considered as your consent to allow the disclosure of your name and contact information to the complainant, enabling them to take legal action if necessary.

Inactive User Accounts Policy:

We reserve the right to terminate unpaid user accounts that remain inactive for a continuous period of 120 days. Prior to such termination, we will provide notice and the option to back up your data. This policy applies to each Service individually, and inactivity in one Service does not affect the status of user accounts in other Services. For multi-user accounts, as long as at least one user remains active, the account will not be considered inactive.

Data Ownership:

You retain ownership of the content you create or store using our Services. Byteplexure does not acquire a license to use, reproduce, adapt, modify, publish, or distribute your content for commercial, marketing, or similar purposes unless you explicitly grant us permission to do so. However, you grant us permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform your content as necessary to provide the Services.

Hosting Location:

The location from which you are served depends on your region or country at the time of sign-up. We may require migration to a different cloud facility if region-to-facility mapping changes. Please do not mask your IP address during sign-up. If your actual region differs from our records, we may take appropriate action, including migration to the corresponding facility in your region or closing your account if you are served from a cloud facility outside your region.

User Generated Content:

You are solely responsible for content you transmit or publish through our Services. Publicly accessible content may be crawled and indexed by search engines. Be cautious not to accidentally make private content publicly available. Content received from other users is for personal use only and cannot be used, copied, reproduced, distributed, or exploited without the owner's written consent. You agree not to remove copyright notices or copy protection features. By making copyrighted content available, you affirm you have the necessary permissions. Byteplexure has the right to block or remove such content if it receives complaints about illegality or infringement of third-party rights.

Sample Files and Applications:

We may provide sample files and applications for illustrative purposes. The information contained in these samples is random data, and we make no warranties regarding its accuracy, usefulness, completeness, or reliability.

Trademark:

The Byteplexure name, logo, individual Service names, and their logos are trademarks of Byteplexure. Use of these trademarks requires our prior permission.

Disclaimer of Warranties:

The Services are provided on an "as-is" and "as-available" basis. Byteplexure disclaims all warranties, whether express or implied, including merchantability and fitness for a particular purpose. We do not guarantee uninterrupted, timely, secure, or error-free Services. Use of materials obtained through the Services is at your discretion and risk. No advice or information received from Byteplexure, its employees, or representatives creates any warranty not expressly stated in this Agreement.

Limitation of Liability:

Byteplexure shall not be liable for any consequential, incidental, indirect, special, or punitive loss or damage, including loss of business profits, business interruption, computer failure, or data loss, arising from your use of the Service. In no event shall Byteplexure's total liability exceed one thousand dollars ($1000) or the fees paid by you during the twelve (12) months prior to the first event giving rise to such liability, whichever is higher.

Indemnification:

You agree to indemnify and hold Byteplexure, its officers, directors, employees, suppliers, and affiliates harmless from any losses, damages, fines, and expenses (including attorney's fees) resulting from claims related to your use of the Services in violation of another party's rights, any law, or any provisions of this Agreement, except where such use is authorized by Byteplexure.

Governing Law and Jurisdiction:

The governing law and jurisdiction for any disputes or lawsuits related to this Agreement depend on your billing address if you are a paid customer, or your state or country of domicile in other cases. Both parties agree to the governing law and exclusive jurisdiction as described in case of disputes or lawsuits related to this Agreement.

Suspension and Termination:

We may suspend or temporarily disable your user account if there is suspected illegal activity, prolonged inactivity, or requests from law enforcement. Objections to suspension should be made within thirty days. We may terminate suspended or disabled user accounts after thirty days. We reserve the right to terminate your account for any breach of this Agreement, to terminate access to Beta Services, or to accommodate unexpected technical issues. You have the right to terminate your user account if Byteplexure breaches its obligations under this Agreement.

Modification of Terms of Service:

We may modify this Agreement with notice to you at any time through service announcements or emails. If significant changes affect your rights, we will provide at least 30 days' advance notice by email. You may terminate your use of the Services if you disagree with the modified Agreement within 30 days of being notified. In such cases, you will be entitled to a prorated refund of any prepaid fees. Continued use of the Services after changes become effective implies your agreement to the modified Agreement.

End of Terms of Service

If you have any questions or concerns regarding this Agreement, please contact us at hello@byteplexure.com