Softycom Services Agreement

Published: 01 March 2018

Effective: 01 May 2018

These terms ("Terms") cover the use of those Softycom consumer products, apps, websites and services listed here (the "Services"). You accept these Terms by creating a Softycom account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.


Your Privacy


1. Your Privacy. Your privacy is important to us. Please read the Softycom Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data and the legal bases we have to process your Data. The Privacy Statement also describes how Softycom uses your content, which is your communications with others; postings submitted by you to Softycom via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services ("Your Content"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Softycom’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.


Your Content


2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

  1. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use and retention of Your Content will not violate any law or rights of others. Softycom does not own, control, verify, pay for, endorse or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store or share using the Services.
  2. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Softycom products and services, you grant to Softycom a worldwide and royalty-free intellectual property licence to use Your Content, for example, to make copies of, retain, transmit, reformat, display and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how Softycom personalises advertising are available on the Security & privacy page of the Softycom account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.

Code of Conduct


3. Code of Conduct.

  1. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
    1. Don’t do anything illegal.
    2. Don’t engage in any activity that exploits, harms or threatens to harm children.
    3. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages) or instant messages.
    4. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence or criminal activity) or Your Content or material that does not comply with local laws or regulations.
    5. Don’t engage in activity that is fraudulent, false or misleading (e.g. asking for money under false pretences, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings or comments) or libelous or defamatory.
    6. Don’t circumvent any restrictions on access to or availability of the Services.
    7. Don’t engage in activity that is harmful to you, the Services or others (e.g. transmitting viruses, stalking, posting terrorist content, communicating hate speech or advocating violence against others).
    8. Don’t infringe upon the rights of others (e.g. unauthorised sharing of copyrighted music or other copyrighted material, resale or other distribution of maps or photographs).
    9. Don’t engage in activity that violates the privacy or data protection rights of others.
    10. Don’t help others break these rules.
  2. Enforcement. If you violate these Terms, we may, in our sole discretion, stop providing Services to you or we may close your Softycom account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms, or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Softycom reserves the right to review Your Content in order to resolve the issue, and you hereby authorise such review. However, we cannot monitor the entire Services and make no attempt to do so

Using the Services & Support


4. Using the Services & Support.

  1. Softycom account. You’ll need a Softycom account to access many of the Services. Your Softycom account lets you sign in to products, apps, websites and services provided by Softycom and some Softycom partners.
    1. Creating an Account. You can create a Softycom account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Softycom account. In some cases, a third party, like your Internet Service Provider, may have assigned a Softycom account to you. If you received your Softycom account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Softycom account. Please review any additional terms the third party provided you, as Softycom has no responsibility regarding these additional terms. If you create a Softycom account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Softycom account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Softycom account.
    2. Account Use. You must use your Softycom account to keep it active. This means you must sign in at least once in a one-month period to keep your Softycom account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Softycom account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed Softycom account. You must sign into your softycom app or our products at least once in a one-month period, otherwise we will close your services for you. If we reasonably suspect that your Softycom account is being used by a third party fraudulently (for example, as a result of an account compromise), Softycom may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content.
    3. Kids and Accounts. By using the Services, you represent that you have either reached the age of "majority" or "legal responsibility" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority or "legal responsibility" where you live, or do not understand this section, please ask your parent or legal guardian for help and consent before you create a Softycom account. If you are the parent or legal guardian of a minor who creates a Softycom account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Softycom account or Services, including purchases, whether the minor’s account is now open or created later.
    4. Closing Your Account.
      1. You can cancel specific Services or close your Softycom account at any time and for any reason. To close your Softycom account, please visit http://go.softycom.com/fwlink/p/?linkid=618278. When you ask us to close your Softycom account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Softycom account will be closed. Please see section 4(a)(iv)(2) below for an explanation as to what happens when your Softycom account is closed. Logging back in during that 60-day period will reactivate your Softycom account.
      2. If your Softycom account is closed (whether by you or us), a few things happen. First, your right to use the Softycom account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your Softycom account or will otherwise disassociate it from you and your Softycom account (unless we are required by law to keep it, return it or transfer it to you or a third party identified by you). You should have a regular backup plan as Softycom won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired.
  2. Work or School Accounts. You can sign in to certain Softycom services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your Data, including the contents of your communications and files, and that Softycom may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the Softycom services may be subject to the agreements Softycom has with you or your organisation and these Terms may not apply. If you already have a Softycom account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your Softycom account in order to continue accessing such Services.
  3. Additional Equipment/Data Plans. To use many of the Services, you’ll need an Internet connection and/or data/mobile plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
  4. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your Softycom account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
  5. Support. Customer support for some Services is available at support.softycom.com. Certain Services may offer separate or additional customer support, subject to the terms available at www.softycom.com/support-service-agreement, unless otherwise specified. Support may not be available for preview or beta versions of features or Services. The Services might not be compatible with software or services provided by third parties and you are responsible for familiarising yourself with compatibility requirements.
  6. Ending your Services. If your Services are cancelled (whether by you or us), first your right to access the Services stops immediately and your licence to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Softycom account (unless we are required by law to keep it, return it or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have cancelled your Softycom account and have no other account able to access the Services your Services may be cancelled immediately.

Using Third-Party Apps and Services


5. Using Third-Party Apps and Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t Softycom) ("Third-Party Apps and Services"). Many of our Services also help you find, make requests to or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms before you can install or use the Third-Party App or Service. See section 13(b) for additional terms for applications acquired through the Softycom Store. You should review any additional terms and privacy policies before acquiring, using, requesting or linking your Softycom Account to any Third-Party Apps and Services. Any additional terms do not modify these Terms. Softycom does not license any intellectual property to you as part of any Third-Party Apps and Services. You agree to assume all risk and liability arising from your use of these Third-Party Apps and Services and that Softycom is not responsible for any issues arising out of your use of them. Softycom is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.


Service Availability


6. Service Availability.

  1. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis or may vary depending on your region or device. If you change the location associated with your Softycom account, you may need to re-acquire material or applications that were available to you and paid for in your previous region. You agree not to access or use material or Services which are illegal or not licensed for use in the country from which you access or use such material or Services, or to conceal or misrepresent your location or identity in order to access or use such material or Services.
  2. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages and Softycom is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.

Updates to the Services or Software and Changes to These Terms


7. Updates to the Services or Software and Changes to These Terms.

  1. We may change these Terms at any time and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services, close your Softycom account and, if you are a parent or guardian, help your minor child close his or her Softycom account.
  2. Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Softycom isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you purchased or licensed the software, apps, content or other products. Such updates may not be compatible with software or services provided by third parties. You may withdraw your consent to future software updates at any time by uninstalling the software.
  3. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 13(k)), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
  4. So that you can use material protected with digital rights management (DRM), like some music, games, films, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.

Software Licence


8. Software Licence. Unless accompanied by a separate Softycom licence agreement (for example, if you are using a Softycom application that is included with and a part of Softycom Apps or Websites, then the Softycom Software Licence Terms for the Softycom's Billing System Application govern such software), any software provided by us to you as part of the Services is subject to these Terms. Applications acquired through Sofycom Store, are subject to section 13(b)(i) below.

  1. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Softycom. Notices, if any, for the third-party code are included for your information only.
  2. The software is licensed, not sold, and Softycom reserves all rights to the software not expressly granted by Softycom, whether by implication, estoppel or otherwise. This licence does not give you any right to, and you may not:
    1. circumvent or bypass any technological protection measures in or relating to the software or Services;
    2. disassemble, decompile, decrypt, hack, emulate, exploit or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
    3. separate components of the software or Services for use on different devices;
    4. publish, copy, rent, lease, sell, export, import, distribute or lend the software or the Services, unless Softycom expressly authorises you to do so;
    5. transfer the software, any software licences, or any rights to access or use the Services;
    6. use the Services in any unauthorised way that could interfere with anyone else’s use of them or gain access to any service, data, account or network;

Payment Terms


9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

  1. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge in the currency specified. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. All prices for Softycom paid products are inclusive of non applicable taxes as Softycom is a tax exemption turnover not exceeding less than 20 Lakhs in India, unless otherwise stated. You are solely responsible for paying such non taxes or other charges. Softyom calculates payments based on the residential address associated with your billing information. You are responsible for ensuring that this address is up to date and accurate. Except for Softycom products, taxes are calculated based on your location at the time your Softycom account was registered unless local law requires a different basis for the calculation. We may suspend or cancel the Services if we do not receive an on-time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account or app and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card. Please contact your bank for details.
  2. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. Additionally, you agree to permit Softycom to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account, or app and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
  3. Billing. By providing Softycom with a payment method, you (i) represent that you are authorised to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorise Softycom to charge you for the Services or available content using your payment method; and (iii) authorise Softycom to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
  4. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorising recurring payments, and payments will be made to Softycom by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Softycom. By authorising recurring payments, you are authorising Softycom to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Softycom or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
  5. Automatic Renewal. If automatic renewals are allowed under applicable law, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email, or other reasonable manner, before any Services renew for a new term, and notify you of any price changes in accordance with section 9(k). Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
  6. Online Statement and Errors. Softycom will provide you with an online billing statement on the Softycom account management website, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund, unless otherwise required by law. If Softycom has identified a billing error, we will correct that error within 90 days. This policy does not affect any statutory rights that may apply.
  7. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Softycom has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old, unless otherwise required by law. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
  8. Cancelling the Services. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the Softycom account management website. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services; We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.
  9. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
  10. Promotional Offers. From time to time, Softycom may offer Services for free for a trial period. Softycom reserves the right to charge you for such Services (at the normal rate) if Softycom determines (in its reasonable discretion) that you are abusing the terms of the offer.
  11. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
  12. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust it for any previous overpayment.
  13. Gift Cards. Redemption and use of gift cards (other than Softycom gift cards) are governed by the Softycom Gift Card Terms and Conditions.
  14. Bank Account Payment Method. You may register an eligible bank account with your Softycom account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g. a Indian-based financial institution that supports automated clearing house ("SBI") entries. Terms you agreed to when adding your bank account as a payment method in your Softycom account (e.g., the "mandate" in the case of SBI) also apply. You represent and warrant that your registered bank account is held in your name or you are authorised to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorise Softycom (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorise the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorisation will remain in full force and effect until you remove your bank account information from your Softycom account. Contact customer support as outlined above in section 4(e) as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorised transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.

Contracting Entity, Choice of Law & Location for Resolving Disputes


10. Contracting Entity, Choice of Law & Location for Resolving Disputes. For your use of free and paid consumer Softycom-branded Services, you are contracting with, and all references to "Softycom" in these Terms. For free or paid consumer Softycom-branded Services, Indian law governs the interpretation of these Terms and claims for their breach, regardless of conflict of law principles. The laws of the province or country where you live govern all other claims (including consumer protection, unfair competition and tort claims). If you accepted these Terms by creating a Softycom account or using ny other Softycom App, you and we irrevocably agree to the exclusive jurisdiction and venue of the Indian courts for all disputes arising out of or relating to these Terms or the consumer Softycom-branded Services. For all other Services, if you accepted these Terms by creating a Softycom account or using any other Service, the entity with which you are contracting, the governing law and the location to resolve disputes.


Warranties


11. Warranties.

  1. SOFTYCOM, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." SOFTYCOM DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM COMPUTER NETWORKS.
  2. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.

Service-Specific Terms


12. Service-Specific Terms. The terms before and after section 13 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.


Limitation of Liability


12. Limitation of Liability.

  1. If you have any basis for recovering damages (including breach of these Terms), to the extent permitted by the applicable law, you agree that your exclusive remedy is to recover, from Softycom or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to INR₹1000.00 if the Services are free).
  2. To the extent permitted by the applicable law, you can't recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract or business or other losses or damages arising from your use of the Services in a non-personal capacity; (v) special, indirect, incidental or punitive losses or damages; and (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified in section 12(a) above. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services or the software related to the Services.
  3. Softycom is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond Softycom’s reasonable control (such as labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). Softycom will endeavour to minimise the effects of any of these events and to perform the obligations that aren’t affected.

Store


13. Store. Store. "Store" refers to a Service that allows you to browse, download, purchase and rate and review applications (the term "application" includes games) and other digital content. These Terms cover use of Softycom Store. "Softycom Store" means a Store for Softycom products and apps for business, productivity, gaming, entertainment, or any other experience that is branded Softycom Store Apps everything supporting for PC's, Web, Desktop, Smartphones & Tablets.

  1. Licence Terms. We will identify the publisher of each application available in the relevant Store. Unless different licence terms are provided with the application, the Standard Application Licence Terms ("SALT") at the end of these Terms are an agreement between you and the application publisher setting forth the licence terms that apply to an application you download through or host throu the Softycom. For clarity, these Terms cover the use of, and services provided by, Softycom Services. Section 5 of these Terms also applies to any Third-Party Apps and Services acquired through a Store.
  2. Updates. To the extent permitted by the applicable law, you can't recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of contract or business or other losses or damages arising from your use of the Services in a non-personal capacity; (v) special, indirect, incidental or punitive losses or damages; and (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified in section 12(a) above. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services or the software related to the Services.
  3. Ratings and Reviews. Softycom is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond Softycom’s reasonable control (such as labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). Softycom will endeavour to minimise the effects of any of these events and to perform the obligations that aren’t affected.
  4. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.

Miscellaneous


14. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 15, 17 and those that by their terms apply after these Terms end will survive any termination or cancellation of these Terms. To the extent permitted by applicable law, we may assign these Terms, subcontract our obligations under these Terms or sublicense our rights under these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services. This is the entire agreement between you and Softycom for your use of the Services. It supersedes any prior agreements between you and Softycom regarding your use of the Services. In entering into these Terms, you have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance other than as expressly set out in these Terms. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. These Terms are solely for your and our benefit. These Terms are not for the benefit of any other person, except for Softycom’s successors and assigns. Section headings are for reference only and have no legal effect.

15. Claims Must Be Filed Within One Year. This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 15, 17 and those that by their terms apply after these Terms end will survive any termination or cancellation of these Terms. To the extent permitted by applicable law, we may assign these Terms, subcontract our obligations under these Terms or sublicense our rights under these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services. This is the entire agreement between you and Softycom for your use of the Services. It supersedes any prior agreements between you and Softycom regarding your use of the Services. In entering into these Terms, you have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance other than as expressly set out in these Terms. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. These Terms are solely for your and our benefit. These Terms are not for the benefit of any other person, except for Softycom’s successors and assigns. Section headings are for reference only and have no legal effect.

16. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users and end use.

17. Reservation of Rights and Feedback. Except as expressly provided under these Terms, Softycom does not grant you a licence or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Softycom or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Softycom any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to Softycom, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialise your Feedback in any way and for any purpose. You will not give Feedback that is subject to a licence that requires Softycom to license its software, technologies or documentation to any third party because Softycom includes your Feedback in them.


NOTICES


Notices and procedure for making claims of intellectual property infringement. Softycom respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ONLY ENQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.

Softycom uses the processes set out in Indian Copyright Law Act to respond to notices of copyright infringement. In appropriate circumstances, Softycom may also disable or terminate accounts of users of Softycom services who may be repeat infringers.

Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network.

Copyright and trademark notices. The Services are copyright © 2018 Softycom Softwares Private Limited (OPC) and/or its suppliers, Softycom Way, Shop No 09, First Floor, Krishna Complex, Near Laxmi Temple, MG Road, Vijayapura, Karnataka, India 586 101. All rights reserved. Softycom and the names, logos and icons of all Softycom products, software and services may be either trademarks or registered trademarks of Softycom in the India and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain Softycom website servers is based in part on the work of the Independent JPEG Group. All rights reserved.

Medical notice. Softycom does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness or wellness programme. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.

Financial notice. Softycom isn't a broker/dealer or registered investment advisor under India federal securities law or securities laws of other jurisdictions and doesn't advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither Softycom nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including without limitation, investment or tax advice.

Notice about the H.264/AVC, MPEG-4 Visual and VC-1 Video Standards. The software may include H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be licensed by MPEG LA, L.L.C. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL, AND THE VC-1 PATENT PORTFOLIO LICENCES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENCES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENCE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE.

For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these Terms for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties or (ii) creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties.


STANDARD APPLICATION LICENCE TERMS


STANDARD APPLICATION LICENCE TERMS

SOFTYCOM STORE

These licence terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Softycom Store (referred to in these license terms as the "Store"), including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply.

BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.

The application publisher means the entity licensing the application to you, as identified in the Store.

If you comply with these licence terms, you have the rights below.

  1. INSTALLATION AND USE RIGHTS; EXPIRATION. You may install and use the application on Windows devices, Android devices, IOS Devices, other operating system devices as described in Softycom's Usage Rules. Softycom reserves the right to modify Softycom's Usage Rules at any time.
  2. INTERNET-BASED SERVICES.
    1. Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply.
    2. Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorised access to any service, data, account or network by any means.
  3. SCOPE OF LICENCE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If Softycom disables the ability to use the applications on your devices pursuant to your agreement with Softycom, any associated licence rights will terminate. The application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:
    1. Work around any technical limitations in the application.
    2. Reverse engineer, decompile or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.
    3. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.
    4. Publish or otherwise make the application available for others to copy.
    5. Rent, lease or lend the application.
    6. Transfer the application or this agreement to any third party.
  4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.
  5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to India or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users and end use. For information on Softycom branded products, go to the Softycom exporting website.
  6. SUPPORT SERVICES. Contact the application publisher to determine what support services are available. Softycom, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application.
  7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy, any additional terms that accompany the application and the terms for supplements and updates are the entire licence agreement between you and application publisher for the application.
  8. APPLICABLE LAW.
    1. India. If you acquired the application in the India, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement and applies to claims for breach of it, and all other claims (including consumer protection, unfair competition and tort claims) regardless of conflict of law principles.
    2. Outside the India. If you acquired the application in any other country, the laws of that country apply.
  9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
  10. DISCLAIMER OF WARRANTY. The application is licensed "as-is", "with all faults" and "as available". You bear all risk of using it. The application publisher, on behalf of itself, Softycom (if Softycom isn’t the application publisher), wireless carriers over whose network the application is provided and each of our respective affiliates, vendors, agents and suppliers ("Covered Parties"), gives no express warranties, guarantees or conditions in relation to the application. The entire risk as to the quality, safety, comfort and performance of the application is with you. Should the application prove defective, you assume the entire cost of all necessary servicing or repair. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort and non-infringement.
  11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or INR₹50.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from the application publisher. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download the application.

This limitation applies to:

  • Anything related to the application or services made available through the application and
  • Claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.

It also applies even if:

  • This remedy doesn’t fully compensate you for any losses; or
  • The application publisher knew or should have known about the possibility of the damages.

Covered Services


The following products, apps and services are covered by the Softycom Services Agreement, but may not be available in your market.

  • account.softycom.com
  • Softycom Billing
  • Softycom Studio
Softycom Softwares Private Limited (OPC) is an Indian Software Company, that designs, develops, manufactures, licenses, supports and sells computer software, web sites, web applications, mobile applications and services.
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25-नवम्बर-2020