SCIENTIA SOLUTIONS PRIVATE LIMITED

TERMS OF SERVICES

1. Introduction

These Terms of Services sets out the terms and conditions in connection with use of cloud-based contact management services (“Services”) rendered by Scientia Solutions Private Limited (“SSPL”) and governs your access to and use of our Services. These Terms of Services applies to all of our “CardByte “application, services, features, and website, unless specified otherwise.

For the purposes of this Terms of Service, “we”, “us” and “our” also refers to SSPL, and “you” refers to you, the user of the Services.

2. Applicability

TheseTerms of Services will apply to you if you reside outside the European Union (EU), European Economic Area (EEA) and Switzerland (“Europe”). If you reside in Europe, please note that we currently do not provide services to European users and you may choose to log out.

3. Acceptance

By installing, accessing, signing, and using our Services through mobile device / website, you accept our Privacy Policy, and agree not to:

a.     use our Service to send spam or scam users;

b.     promote violence on publicly viewable SSPL channels, bots, etc.;

c.     post illegal pornographic content on publicly viewable on SSLP channels, bots, etc.

4. Amendment / Update

SSPL reserve the right to update and change these Terms of Service from time to time without notice, effective immediately, by posting the updated Terms of Service on the SSPL mobile application / website.

5. Acceptance of Privacy Policy

Your continued use / access of the Services after the revision date of any such changes in the Terms of Service shall constitute consent to such changes. You agree to review the Terms of Services periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Services.

By accessing or using the Services, you do hereby warrant and represent that you have read, understand, and agree to all terms and conditions stated in this Terms of Services.If you do not agree with or you are not comfortable with any aspect / term / condition of this Terms of Services, you should immediately discontinue access or use of our Services.

6. Use of Services

You may use the Services only if you agree to form a binding contract with SSPL and are not a person barred from receiving services under the Indian Contract Act, 1872 (“Act”).

If you are accepting these Terms of Services and using the Services individually or on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words ‘you’ and ‘your’ as used in these Terms shall refer to such entity.

7. Privacy

Our Privacy Policy describes how SSPL handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of the personal data / information for storage, processing and use by SSPL and the third parties.

8. Content on the Services

Youare responsible for your use of the Services and for any personal data / information you provide, including compliance with applicable laws, rules, and regulations. You should only provide the Personal Data / information that you are comfortable sharing with others.

You accept that any use or reliance on any personal data / information via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such Personal Data, Contact Data / information or communications posted via the Services or endorse any opinions expressed via the Services.

You understand that we may not monitor or control the Personal Data / information shared by you via the Services and, we cannot take responsibility for such Personal Data / information.

9. Using the Services

Please review the Privacy Policy which are part of this Terms of Services. You may use the Services only in compliance with these Terms of Services and all applicable laws, rules, and regulations.

Our Services evolve constantly and as such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to render / distribute any Services, suspend or terminate users, and reclaim usernames without liability to you.

You agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services:

i.           access, tamper with, or use non-public areas of the Services, SSPL’s computer systems, or the technical delivery systems of SSPL’s third party;

ii.          probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

iii.         access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SSPL (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SSPL;

iv.         forge any Transmission Control Protocol (TCP) packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

v.          interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

We also reserve the right to access, read, preserve, and disclose any Personal Data / Contact Data and information as we reasonably believe is necessary to

i.         effectively provide our Services;

ii.        satisfy any applicable law, regulation, legal process or governmental request;

iii.        enforce the Terms of Service, including investigation of potential violations hereof;

iv.        detect, prevent, or otherwise address fraud, security or technical issues,

v.        respond to user support requests, or

vi.        protect the rights, property or safety of SSPL, its users and the public. SSPL does not disclose Personal Data / information to third parties except in accordance with our Privacy Policy.

10. Personal Data / Information

SSPL is firmly committed to the security and protection of Personal Data / Information of our Users and the Services. The SSPL Privacy Policy describes how we collect, use, share and process Personal Information and you acknowledge and agree that SSPL may collect, use, share and process Personal Data / Information as described therein.

11. Grant of Rights

Except as otherwise agreed separately in writing between us or as set forth in any specific agreement and subject to your compliance with these Terms of Services at all times, SSPL grants you a personal, non-exclusive, non-transferable and limited right to use the Services for your own personal, non-commercial use. You are not allowed to use the SSPL Services on any device that you do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SSPL software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms of Services or may be permitted by the licensing terms governing use of any open source components included in the SSPL software applications).

You are not granted any right to use SSPL’s name, trademarks or other commercial symbols. All rights not expressly granted to you under these Terms of Services shall be retained by SSPL.

In case you wish to use any part of the Services as a part of your own application or modify any part of the Services, such use is subject to SSPL’s prior written approval and that you enter into a separate license agreement with SSPL.

12. Support

SSPLstrives to provide adequate and efficient technical support, upgrades and updates for the Services. SSPL shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms of Services and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.

13. User Obligations & Restrictions

You guarantee that any information and other content, such as your profile information and Personal Data / Information regarding the contacts contained in your device’s phone book, that you may share with SSPL as a User of the Services (together “Content”), to the best of your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with SSPL in order for SSPL to provide the Services and share the Content with other Users.

Except as otherwise agreed separately in writing between us you shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge SSPL’s rights in, or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms of Services.

You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.

Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third party information accessible via the Services, is strictly prohibited.

You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by SSPL, other Users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.

You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and you acknowledge and agree that SSPL is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.

Notwithstanding any other remedies available to SSPL, you agree that SSPL may suspend or terminate your use of the Services without notice if you use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms of Services.

14. Proprietary Rights

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. SSPL and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.

15. Third Party Content

The Services may contain links to external content provided by third party websites and services. Such third-party content, websites and services may be subject to the respective third-party terms and conditions and SSPL will not be liable for any such third-party content, websites, or services.

16. Disclaimer of Warranties

To the maximum extent permitted by applicable law, SSPL makes no warranty or representation, either express or implied with respect to the Services, their quality, performance, merchantability, fitness for a particular purpose or non-infringement of third party rights. The Services are provided ‘as is’ and you agree that the Services are used at your own risk.

You understand and acknowledge that the Services may be unavailable from time to time and that SSPL will not be liable for your inability to use the Services for whatever reason.

SSPL makes no warranty or representation that the Services are available for use in any particular location. To the extent you choose to access and use the Services, you do so at your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.

17. Limitation of Liability

To the maximum extent permitted by applicable law, you expressly agree that SSPL shall in no event be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, data and goodwill, arising out of the use or inability to use the services or the content, even if advised of the possibility of such damages. In particular, and without limitation, SSPL shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the SSPL applications and cease to use the Services.

SSPL shall not be liable for the validity, reliability or correctness of the content and information provided through and in connection with use of the Services. Any use of the content and information obtained through the use of the services shall be at your own discretion and risk.

Nothing in these Terms of Services shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights you may have as a consumer under mandatory consumer law.

18. Fees

SSPL reserves the right to charge Fees along with taxes for your use of the Services, as described during the account registration process or when making changes to your account plan (“Subscription”)unless you cancel the Services, in which case you agree to still pay these Fees through the end of the Subscription. You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan.

All fees are, except as otherwise expressly provided herein or as required by applicable law is non-refundable.
SSPL reserves the right, in its sole discretion, to change the published prices without any notice. Furthermore, SSPL reserve the right to change the Fees for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees and shall not apply to Fees already charged to your account.

Failure to pay these Fees may result in suspension or termination of your Service or Subscription.

If you purchase a Subscription, it will continue indefinitely until canceled by you. After your initial Subscription commitment period, and again after any subsequent Subscription period, your Subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, you must do this through your mobile device platform to avoid additional billing. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term, and your Subscription will not be renewed after your then-current term expires.

You acknowledge that you are fully responsible for the internet connection and/or mobile charges that you may incur for using our Services. Please consult your internet carrier, mobile operator, etc. for further information.

19. Indemnification

You agree to defend, indemnify and hold harmless SSPL, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against SSPL by an End User.

20. Governing Law and Jurisdiction

The relationship pursuant to this engagement between you and SSPL shall be governed by laws of India and all claims or disputes arising from or in relation thereto shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction in New Delhi. SSPL reserves the right to refuse, suspend, limit or terminate any Services to you under this terms of Service, in its sole discretion, at any time and for any reason, including, but not limited to, violation of this Terms of Service.

21. Termination

Your right to use the Services continues until these Terms of Services are terminated. SSPL may terminate these Terms of Services and your use of the Services at any time with thirty (30) days’ advance notice.

You may terminate the Terms of Services at any time by uninstalling the SSPL applications and ceasing the use of the Services. These Terms of Services will automatically terminate if you fail to comply with them. Upon any termination, you agree to cease using the Services. Upon termination by you, or by SSPL due to your breach of these Terms of Services, you will not be refunded any Fees or other Prepaid Fees, if any. Upon termination by SSPL without cause, you will be refunded any unused prepaid Fees upon your written request, provided a receipt of such Fees and a clear payment instruction are included in your request.

Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination and Governing Law shall survive any termination of these Terms of Services.

22. Force-majeure

SSPL shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of god, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities,widespread internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy change in the policies of IOS Platform provider or government policies. In the event of any such delay, any applicable period of time for action by SSPL may be deferred for a period equal to the time of such delay.

23. Non-solicitation

You may not use the Services to solicit, interfere with, or endeavour to entice away from SSPL any SSPL customer, user, or subscriber.

The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of SSPL or by acting as an agent contracted by a third-party to act on its behalf.

If you are interested in becoming a SSPL partner, reseller, or affiliate, we are happy to talk with you. Interested affiliates, please email team@cardbyte.ai.

24. Additional Terms & Changes

As SSPL provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices and incorporated hereto.

SSPL may change the Services at any time, such as by adding or removing features or discontinuing the Services. SSPL also reserves the right to modify these Terms of Services at any time by providing revised Terms of Services to the User or by publishing the revised Terms of Services within the Services.

25. Contact

If you have any questions about these Terms of Service, please contact us at support@cardbyte.ai.