Term of Service- India
THIS AGREEMENT IS BETWEEN YOU OR THE ENTITY YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") AND BUOPSO PVT. LTD. (HERINAFTER "BUOPSO"). IT GOVERNS YOUR USE OF THE BUOPSO OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE IF YOU ARE BASED IN INDIA. FOR GLOBAL TERM & SERVICE VISIT HERE
Subject Matter of this Agreement
This Agreement is comprised of the following terms and conditions (hereafter the "General Terms") and, if applicable, any additional terms and conditions specific to the use of particular Services (the "Service Specific Terms"). In the event of a dispute, the Service Specific Terms shall prevail over the General Terms.
Acceptance of the Agreement
You must be of legal age to enter into a contract in order to accept the Agreement. If you don't agree with the General Terms, don't use any of our services. If you accept the General Terms but not any Service Specific Terms, only then should you use the applicable Service. By checking a box or clicking a button, or by making use of the Services, you can show that you agree with the terms of the Agreement.
Information on the Service
We provide cloud software and solutions for businesses, together with relevant offline and mobile apps ("Service" or "Services"). You are free to utilise the Services for needs related to your place of employment, whether they be professional or personal. You can connect to the Services using any web browser that they support. You must have access to the Internet and the necessary tools in order to use the Services. You can create, modify, publish, and share material with your user account if you so desire.
Infinite Service
We may provide some Services as closed or open beta services ("Beta Service" or "Beta Services") for testing and evaluation. You agree that we alone have the authority to determine the length of testing and evaluation of Beta Services. Only we will be able to judge the success of the testing and whether or not to offer the Beta Services as paid services. You won't be required to buy a subscription in order to use any premium services if you subscribe to any Beta Services. Any of the Beta Services may be temporarily or permanently stopped at any time and without prior notification to you, in whole or in part. You acknowledge and agree that Buopso shall not be liable to you or any third party for any damages resulting from, arising out of, or linked to any modification, suspension, or termination of any Beta Services for any reason.
No cost test
When you sign up for a free trial of one or more services, Buopso makes those services temporarily available to you without charge until the earliest of the following dates: (i) the conclusion of the applicable service's free trial period (unless you terminate it earlier), (ii) the start of the applicable service's paid subscription period, or (iii) termination by Buopso in its sole discretion. All data you enter into the Services and any customizations you make during the free trial will be permanently lost unless you (i) purchase the associated paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data prior to the trial period ending. To the fullest degree permitted by law, the Services are offered during the free trial without any form of promise, covenant, support, or obligation, in spite of the terms of this Section.
User Registration Requirements
You must register for a user account by providing all relevant information in order to access or use the Services. If you are an organisation representative and wish to use the Services for corporate internal purposes, we recommended that you and every other user from your organisation register for user accounts using your corporate contact information. Use your company email address in particular, as we strongly advise. You promise to: (i) provide true, accurate, current, and complete information about yourself when prompted throughout the sign-up process; and (ii) maintain and promptly update the information provided at sign-up to keep it true, accurate, current, and complete. Buopso reserves the right to suspend or terminate your user account and refuse any and all current or future use of the Services if Buopso has a good faith belief that any information you have provided is false, inaccurate, out-of-date, or incomplete, or if Buopso has knowledge that such information is false, inaccurate, out-of-date, or incomplete.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; (v) use the third party links to sites without agreeing to their website terms & conditions; (vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; (vii) attempt to gain unauthorized access to the Services or its related systems or network; (viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Buopso; (ix) use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; ( xii) violate any applicable local, state, national or international law; (xiii) use the Services for any form of competitive or benchmarking purposes; and (xiv) remove or obscure any proprietary or other notices contained in the Services; (xv) use our Services in any manner that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other countries; (xvi) create a false identity to mislead any person as to the identity or origin of any communication; (xvii) use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or (xviii) use the services in a manner that relates to or encourages any activity prohibited by law in India.
Unlawful activity and spam
You agree that any transmissions you make through the Services are entirely your responsibility, including their content. You agree not to communicate any illegal, threatening, abusive, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racial or ethnically offensive, or otherwise objectionable material through the Services. You also acknowledge that sending unsolicited bulk email, sending "junk mail," "spam," "chain letters," or "phishing" over the Services is prohibited and agree not to use the Services to transmit any unlawful, defamatory, insulting, harassing, libellous, or other material that invades another person's privacy (including physical privacy). We reserve the right to revoke your access to the Services if we have reason to believe that you have used them in any way that is illegal or unauthorised.
Applications from Outside
Before accessing or utilising any Third Party Application, it is your responsibility to read and understand the Third Party Terms. You realise and accept that any Third Party Applications you access or use are not the responsibility of Buopso.
Fees and Payments
The Services are offered through subscription plans with varying lengths. Only credit cards are accepted for subscription plans with less than a year's duration. Unless you reduce your paid membership plan to a free plan or let us know that you do not want the subscription to renew, your subscription will be automatically renewed at the end of each subscription period. The subscription price will be charged to the last Credit Card you used at the time of automatic renewal. If you'd prefer to use a different Credit Card to pay for the renewal, you have the option of changing the details. You must let us know if you do not want to renew the subscription at least seven days before it is due. It will be assumed that you have given your consent for Buopso to charge the subscription cost to the most recent Credit Card you used if you have not dropped to a free plan and have not notified us that you do not want to renew the subscription. To learn more about our refund policy, kindly click here.
Although we reserve the right to occasionally adjust the pricing of any Service or impose a fee for the use of Services that are presently offered without charge, you will not be charged for using any Service unless you have selected a paid subscription plan. Charge increases won't become effective until the conclusion of your current billing cycle.
In the event that Buopso is required by local, state, provincial, or foreign legislation to charge you with any tax related to your subscription to our Services (collectively, "Taxes"), you agree to pay Buopso such Taxes in addition to the subscription costs. To enable you to take advantage of the relevant invoicing discounts, Buopso will give you an invoice in the format required by the relevant local, state, provincial, or foreign regulations.
Organisational Accounts and Administrators
It is likely that the person who created and set your organisation account on your behalf also took on the position of administrator for your company. Before you designate one or more administrators when you register for an account for your organisation, make sure you have an appropriate agreement in place with s/he. The administrators will have the authority to manage end users in your organisation account and customise the Services in accordance with your requirements.
You understand that it is your responsibility to (i) protect the confidentiality of your organisation account password, (ii) designate competent individuals as administrators for managing your organisation account, and (iii) make sure that all activities associated with your organisation account are compliant with this Agreement. Buopso is not responsible for account administration and internal management of the Services for you.
You are in charge of implementing the appropriate security measures to keep your company from losing control of the administrator accounts. Sending an email to legal@buopso.com will allow you to designate a procedure to be followed for regaining control in the event that the administrator accounts are lost, provided that Buopso is in agreement with the procedure.
Data protection and personal privacy
By using the Service, you agree to the terms of the Buopso Privacy Policy, which sets forth how Buopso may use the personal data you give it when using the Service. Your account, password, and any critical information must be kept secret at all times. You consent to emailing us right away if your user account is ever used without your permission.
Buopso's correspondence
You are aware that using the Services may subject you to contact from Buopso, including newsletters, administrative messages, and service notifications. You have the choice to discontinue receiving our mailings as part of our commitment to protecting your privacy. You cannot stop getting service notices and administrative messages, though.
Complaints
After receiving the complaint that we provided to you, you have 10 days to react to the complainant directly and include a copy to Buopso. We will infer that you have accepted the complaint if you do not respond to the complainant directly within 10 days of receiving the complaint we provided and include a copy of Buopso in the message.
Grievance Redress
In the event of any issue, please contact our grievance officer, +918046107677,
+1 628 228 6776 or grc-support@buopso.com, as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.
The Inactive User Accounts Policy
Any or all of the Services may be subject to the data deletion policy. In the event of such termination, all data associated with such user account will be erased; however, we will offer you advance notice of such termination and the chance to back-up your data. We reserve the right to deactivate unpaid user accounts that have been inactive for a continuous period of 120 days.
Hosting situation
The mapping of your region or country to the available cloud facilities at the time of your sign-up determines the location of the cloud facility from which you are serviced. If the region/country to cloud facility mapping changes at any point in time, we may move your account or request that you migrate it to a different cloud facility. Since your region and/or nation are identified based on your IP address, you must not conceal it when signing up. If Buopso discovers that your actual region or country differs from the region or country listed in our records at any time, Buopso may take the necessary action, such as moving your account to the cloud facility that corresponds to your region or country, requiring you to move your account there, or closing your account and denying you access to the Service. In addition to storing the data at the cloud facility assigned to you, we may also store a local copy of the data in your region or country if you are served from a cloud facility outside of your region or country and a Buopso group business has an office there.
Control over Data
You do grant Buopso permission to access, copy, distribute, store, transmit, reformat, publish, and link to the content you create or store when you use the Services; however, you do not grant Buopso the right to use, reproduce, adapt, modify, publish, or distribute any content created by you or stored in your user account for Buopso's commercial, marketing, or other similarly related purposes.
User-generated content
You are allowed to share or publish content you have produced, whether through one of the Services or another. However, the consequences of such content's transmission or publication fall solely under your purview. In accordance with rule 18 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, if you publish news and current affairs content, you must provide the Ministry of Information and Broadcasting with certain information. Any content that is made public on the internet is accessible to everyone and is subject to crawling and indexing by search engines. You are in charge of making sure that you don't unintentionally reveal any sensitive information to the public. You agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, licence, or otherwise exploit any content that you may receive from other users of the Services for any reason without the express written consent of the person who owns the rights to such content. 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. You agree not to remove any copyright notices or disable any copy protection features if, while using any of the Services, you come across any material containing one or more of these features. By making any copyrighted or copyrightable content available on any of the Services, you certify that you have obtained the consent, authorization, or permission, as appropriate, of any parties who may have a claim to any intellectual property rights in the content in question. Additionally, you expressly agree that Buopso has the right to block access to or remove any content you make available in the manner described above if Buopso receives complaints about its legality or compliance with third parties' rights. You fully consent to the agent chosen by Buopso for this purpose deciding any problems of legality or potential violations of third parties' rights in connection with any of the Services you use to transmit or publish content.
For information on filing a complaint regarding alleged illegality or infringement of third party rights in content sent through or published using the Services, go here.
Sample files and applications
Even though Buopso may provide them to demonstrate how the Services might be used effectively for specific purposes, the information contained in any such sample files and applications is random data, and Buopso makes no warranty, express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.
Trademark
You agree not to display or utilise the Buopso trademarks in any form without first receiving Buopso's approval. The names of certain Services, as well as their logos, and the word "Buopso" are trademarks of Buopso Private Limited.
Denying Warranties
BUOPSO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AND 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.
A Limitation of Liability
You acknowledge and agree that, even if Buopso has been informed of the possibility of such damage, Buopso will never be held responsible for any indirect, incidental, special, punitive, or other loss or damage, or for any loss of business profits, business interruption, computer failure, loss of business information, or other loss resulting from or resulting from your use of or inability to use the Service.
Indemnification
Unless otherwise required by law, you agree to defend, indemnify, and hold Buopso, its officers, directors, employees, suppliers, and affiliates harmless from and against any claims that your use of the Services violated the law, any provision of the Agreement, the rights of any third party, or was otherwise unlawful.
Application of the law and jurisdiction
Any dispute or claim arising out of or related to the Terms shall be resolved and decided exclusively by the courts located in Chennai, India, without respect to the rules of conflict of law.
Suspension and Termination
We reserve the right to suspend your user account or temporarily restrict access to all or a portion of any Service in the event of any suspected illegal behaviour, protracted periods of inactivity, or requests from law enforcement or other governmental authorities. Within thirty days of learning that a user account has been suspended or disabled, complaints should be sent to legal@Buopso.com. After thirty days, we reserve the right to close a suspended or disabled user account.
In the event that Buopso violates this Agreement, you have the right to cancel your user account and get a prorated refund of any already paid costs. Additionally, we reserve the right to revoke your access to any Beta Services in the event of unanticipated technical difficulties or Beta Service discontinuation, as well as to terminate your user account and refuse the Services if we have a good faith belief that you have broken the terms of the Agreement.
The Terms of Service may change
We shall email your primary email address with at least 30 days' notice if we make significant changes to the Agreement that affect your rights. You have 30 days after learning about the availability of the updated A to give Buopso notice through email if you want to stop using the Services.
The Terms of Service are up.
If you have any questions or concerns concerning this Agreement, please contact us by email at legal@buopso.com.