Terms of Use

1. OUR SERVICES

The information provided when using Accosync Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country.

Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties worldwide. The Content and Marks are provided through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions

By sending us any question, comment, suggestion, idea, feedback, or other information ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You are responsible for what you post or upload, and by submitting content you confirm that:

• You have read and agree with our Prohibited Activities;
• You will not submit content that is illegal, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
• To the extent permissible by law, you waive any moral rights to such Submission;
• Any Submission is original to you or you have the necessary rights and licences to submit it; and
• Your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any losses we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

• You have the legal capacity to comply with these Legal Terms;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Services through automated or non-human means, including bots or scripts;
• You will not use the Services for any illegal or unauthorized purpose; and
• Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data from the Services to create or compile a collection, database, or directory without our written permission.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and / or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other disruptive material, including spamming.
• Engage in any automated use of the system, such as scripts, data mining, robots, or similar data gathering tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person.
• Upload or transmit spyware, passive collection mechanisms, or similar tracking devices.
• Interfere with, disrupt, or create an undue burden on the Services or connected networks.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass access restrictions or security measures of the Services.
• Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
• Decipher, decompile, disassemble, or reverse engineer any part of the Services, except as permitted by law.
• Use the Services as part of any effort to compete with us or for any revenue-generating endeavour without authorisation.

5. USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you represent and warrant that you have the necessary rights and permissions to do so, and that your Contributions comply with these Legal Terms.

6. CONTRIBUTION LICENSE

You and Accosync agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any related responsibility.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting such user to law enforcement;
• In our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
• Remove from the Services or disable all files and content that are excessive in size or burdensome to our systems; and
• Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

8. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SERVICES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON, INCLUDING BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS.

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services, and we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems requiring maintenance, resulting in interruptions, delays, or errors. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases.

10. GOVERNING LAW

These Legal Terms shall be governed by and construed in accordance with the laws of India. ONEBI SOFTWARE LLP and yourself irrevocably consent that the courts of Bhubaneswar, Odisha shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

11. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC.

The number of arbitrators shall be one (1). The seat of arbitration shall be Bhubaneswar, India. The language of the proceedings shall be English. The governing substantive law of these Legal Terms shall be the law of India.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. No arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The parties agree that the following Disputes are not subject to the above provisions:

• Any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party;
• Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
• Any claim for injunctive relief.

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

13. DISCLAIMER

14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING OR ₹1,000, WHICHEVER IS LESS.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Use of the Services;
• Breach of these Legal Terms;
• Any breach of your representations and warranties set forth in these Legal Terms;
• Your violation of the rights of a third party, including intellectual property rights; or
• Any overt harmful act toward any other user of the Services with whom you connected via the Services.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.

16. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

18. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

19. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: