IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THESE TOS, PLEASE DO NOT USE THE APPLICATION OR SERVICES.
“Application” or “App” shall mean and include a3now and any related mobile applications (as may be specified by the Company), available on both the Google Play Store and the Apple iOS Store, which may be used or accessed from any mobile phones, tablets and/or any other such devices running the latest versions of the Android or Apple operating systems (or any other version as may be specified by the Company, from time to time);
"Company," "we," "us," or "our" means SoFTDeW Innovations Pvt. Ltd. and any other companies that are our subsidiaries and affiliates
"Content" means and includes, without limitation, any information, data, text, User profiles, software, tags, graphics, analytics, and interactive features generated, provided, or otherwise made accessible or inputted either by you or by us or our partners or Sponsors on or through the App.
"Service(s)" means services provided via the App, as described in further detail under clause 3 below. The Services provided through the App may change from time to time, at the sole discretion of the Company.
“You” or “User” or “Consumer” shall mean any registered user of the App and the Services, or his/her representatives or affiliates who are registered on the App.
Updation of Terms
Your use of the App is subject to these ToS, which may be updated, amended, modified or revised by us from time to time without notice to You. It is important for You to refer to these ToS from time to time to make sure that You are aware of any additions, revisions, amendments or modifications that we may have made to these ToS.
Service(s) provided to Users
The App provides an array of features and functionalities (collectively the “Services”).
The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToS, or add, change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the App or by sending You an email (as it deems fit). Your continued use of the Service following the posting of any changes to this ToS constitutes acceptance of those changes. Any information You provide to us for the purposes of registering and setting up your account shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account (including those of other users) and for maintaining the security of the App and any information You input to the App. We are not responsible for the accuracy or legitimacy of any information, data, or Content uploaded or posted by you or any of your employees/agents on the App during your usage of the Services. Any reliance by you on any information or Content provided by any other user will be your responsibility. You understand and agree that the Company will not be liable for any damages, losses, harm or costs incurred by you as a result of your reliance on any information provided by any other user.
You will immediately notify us in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware.
Registration and Account Integrity
As part of the registration process/for creating your account, you will need to accept our ToS and PP, and also provide us with your phone number (which will be verified via a one-time password), name, your email ID, the name of your organization/company, and your company’s bank account details. On the creation of your account, your log-in credentials (i.e., your username/email-ID and password) will be stored on and memorized by the App, unless you specifically log-out of your account. This feature is enabled to ensure that you remain signed-in even when you close the App, and you do not have to sign-in again each time you re-open the App.
It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You can then create an account and password for yourself. You cannot create an account username and password using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach of the above conditions.
On the creation of your account, You can modify your login credentials at any time. If for any reason you suspect that your username and password has been disclosed to or obtained by another party, you should contact us immediately. Please note that we never contact Users requesting them to confirm their username, password or any other details, except when the User is signing into the App.
Use of Your Information and Content
We reserve the right to maintain, delete or destroy all information, Content and materials posted or uploaded through the Service(s) pursuant to our internal record retention and/or destruction policies, upon reasonable notice provided to you. We (may/may not) make use of third party cloud services provider or our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
Third Party Services
The Company may provide Users with links to, or contact information for, third party sites or services. The Company is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Service. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties whom the User may connect with through a mechanism facilitated by Company. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
Rules and Conduct
As a condition of use, You promise not to use the Service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. The Service (including, without limitation, any Content) is provided only for Your own personal, non-commercial use.
By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity
Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures we may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
Alerts Provided by The Company
The App provides you with alerts, on the happening of any of the following events:
- Server related problems;
- Ongoing maintenance of the App;
- Downtime of the server or the App;
- New Upgrades in the App;
- Any other alerts that may be specified by the Company from time to time.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
Content Ownership and Copyright Conditions of Access
The Content on App are either (i) generated by you, or (ii) belong to Company. The nature of ownership and use of the information and Content uploaded and/or provided by you. Your copying of the copyrighted content published by Company on the App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.
We authorize the User to view and access the content available on or from the App only as per this Agreement. The contents of the App, information, text, graphics, images, logos, button icons, brand names, software code, design, and the collection, arrangement and assembly of content on the App (collectively, "Our Content"), are our property and are protected under copyright, trademark and other laws. You shall not modify Our Content or reproduce, display, publicly perform, distribute, or otherwise use Our Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Reviews and Feedback
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to App or our Services; and/or
- Resolving any complaints, information, or queries by received from you regarding the App or Services;
and you agree to provide your fullest co-operation further to such communication by Company.
Profile Ownership and Editing Rights
You hereby represent and warrant that You are fully entitled under law to upload all Content uploaded by You as part of Your profile or otherwise while using our Services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of Your profile information at our sole discretion with or without notice to You.
Rights and Obligation relating to the Content
Users shall be prohibited from:
- violating or attempting to violate the integrity or security of the App or any content thereof;
- transmitting any information (including job posts, messages and hyperlinks) on or through the App that is disruptive or competitive to the provision of our Services;
- intentionally submitting on the App any incomplete, false or inaccurate information;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the App;
- copying or duplicating in any manner any of our Content or other information available from the App;
- framing or hot linking or deep linking any Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the App.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge in writing or through email about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
The Company offers email-based and online support tools. You may access support resources or contact our support by emailing at beInspired@aCubeNow.com. The Company does not make any promises regarding how quickly we will respond to Your request for support, or that we will be able to fix any problems You may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Company reserves the right to suspend or terminate Your access to the App and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- You are in breach of any terms and conditions of this ToS;
- The Company is unable to verify or authenticate any information provided to Company by You;
- The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data and other material kept on the App by such User. The Company shall destroy and/or delete all the data and other information related to your account within 14 days of the date of termination. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
You may sign up for the Services by making payment amounting to subscription fee for one (1) month (“Evaluation Period”). However, in the event You do not wish to continue with the Services at the end of the Evaluation Period, You may express Your interest to terminate Services before expiry of Evaluation Period upon which the Company shall refund the subscription fees paid by You and the Services shall be terminated. Further, in the event You wish to continue availing the Services after Evaluation Period, You will be required to make upfront payment of subscription fees for a period equivalent to your relevant billing cycle. The Company shall not be liable to make any refund of fees post Evaluation Period.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR [●]/-; OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the App or Services, the Terms or any transactions entered into on or through the App or Services shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka India and You hereby accede to and accept the jurisdiction of such courts.
The ToS are the entire agreement between You and Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to the Service. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to You, and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
If You have any questions regarding the Service, please contact Company at beInspired@aCubeNow.com or reach out to our service care number.
Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to Your email address, contact number or registered mobile number, etc.).