Introduction
Effective Date: [Insert Date]
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you
(“Subscriber,” “User,” or “You”) and Techniqq by Jsons Digisoft Private Limited, a company
organized and existing under the laws of India (“Company,” “We,” or “Our”), governing your
access to and use of the Company software platform, including all associated modules, mobile
applications, websites, APIs, integrations, and related services (collectively, the “Software”).
By accessing, subscribing to, or using the Software, you acknowledge that you have read,
understood, and agree to be bound by these Terms and conditions. If you do not agree, you must
immediately discontinue any use of the Software.
Definations
Affiliate : Means any entity that directly or indirectly controls, is controlled
by, or is under common control with the Company.
Confidential Information : Means any information disclosed by one party to the
other, whether orally or in writing, that is designated as confidential or that reasonably
should be understood to be confidential.
Documentation : Means any guides, instructions, or policies made available by
the Company regarding the use of the Software.
User Data : Means any data, content, or information inputted, uploaded, stored,
or transmitted by you through the Software.
License Grant And Restrictions
Grant of License : Subject to your compliance with these Terms and timely
payment of all applicable fees, the Company grants you a limited, non-exclusive,
non-transferable, non-sublicensable, revocable right to access and use the Software solely for
your internal business operations.
Restrictions : You shall not:
- Copy, modify, adapt, or create derivative works of the Software;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the
Software;
- Sell, lease, license, sublicense, distribute, or otherwise make the Software available to
any third party;
- Use the Software to develop a competing product or service;
- Use the Software in violation of any applicable laws, regulations, or third-party rights.
Reservation of Rights : Except as expressly granted herein, all rights, title,
and interest in and to the Software, including all intellectual property rights, remain vested
in the Company and its licensors.
Account registration And Security
Account Creation : You must create an account to access and use the Software.
You agree to provide accurate, current, and complete information and to update such information
promptly to maintain its accuracy
Account Security : You are solely responsible for maintaining the
confidentiality of your account credentials and all activities that occur under your account.
You shall promptly notify the Company of any unauthorized use of your account or any other
breach of security.
Fees And Payment
- Subscription Fees : Access to the Software is subject to payment of the
applicable subscription fees (“Fees”) as specified in your order form or agreement.
- Billing and Invoicing : Unless otherwise agreed in writing, Fees shall be
invoiced in advance and are due within [5] days of the invoice date.
- Taxes : All Fees are exclusive of applicable taxes, duties, or levies, which
shall be borne by you.
- Refunds : All payments are non-refundable, except as expressly provided in a
separate written agreement or as required by law.
User Data And Privacy
- Ownership : You retain all rights in your User Data. You grant the Company a
limited, non-exclusive license to process User Data solely for the purpose of providing the
Software.
- Compliance : You represent and warrant that you have all necessary rights and
consents to provide User Data and that its use will not violate any laws or infringe any
rights.
- Data Security : The Company shall implement reasonable administrative,
technical, and physical safeguards to protect User Data from unauthorized access or
disclosure.
Confidentiality
- Obligations : Each party agrees to maintain the confidentiality of the other
party’s Confidential Information and to use it only for purposes of performing under these
Terms.
- Exclusions : Confidential Information does not include information that:
Intellectual Property
- Ownership : The Software, Documentation, and all intellectual property rights
therein are and shall remain the exclusive property of the Company and its licensors.
- Feedback : If you provide feedback or suggestions, you grant the Company a
worldwide, perpetual, irrevocable, royalty-free license to use and incorporate them without
restriction.
Warranties And Disclaimers
- Mutual Warranties : Each party represents that it has the authority to enter
into these Terms.
- Disclaimer : The software is provided “as is” and “as available,” without
warranty of any kind. To the maximum extent permitted by law, the company disclaims all
warranties, whether express, implied, or statutory, including merchantability, fitness for a
particular purpose, and non-infringement.
Limitation Of Liability
To the fullest extent permitted by law:
The company shall not be liable for any indirect, incidental, special, consequential, or
exemplary damages arising out of or relating to the use of the software.
In no event shall the company’s total liability exceed the fees paid by you in the twelve (12)
months preceding the claim.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and affiliates from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of the Software;
- Your breach of these Terms;
- Any User Data or content submitted by you.
Term And Termination
- Term : These Terms remain effective until terminated as set forth herein.
- Termination for Convenience : TEither party may terminate these Terms by providing thirty (30) days’ prior written notice.
- Termination for Cause : The Company may suspend or terminate your access immediately if you:
(a) Violate these Terms;
(b) Fail to pay any Fees when due;
(c) Engage in fraudulent or unlawful activities.
- Effect of Termination : Upon termination:
(a) All rights granted under these Terms shall cease;
(b) You must cease all use of the Software;
(c) Sections relating to Fees, Confidentiality, Intellectual Property, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Governing Law shall survive.
Governing Law And Dispute Resolution
- Governing Law : These Terms shall be governed by the laws of India, without regard to its conflict of laws principles.
- Dispute Resolution : Any disputes shall be resolved through arbitration in Jaipur, Rajasthan, in accordance with the Arbitration Rules. The language of arbitration shall be Hindi or English. The decision shall be final and binding.
Miscellaneous
- Entire Agreement : These Terms constitute the entire agreement between the parties regarding the subject matter.
- Amendments : The Company may modify these Terms by posting updated terms. Continued use constitutes acceptance.
- Severability : If any provision is held invalid, the remaining provisions remain in full force.
- Waiver : No waiver of any right shall be effective unless in writing signed by the waiving party.
- Assignment : You may not assign these Terms without prior written consent. The Company may assign without restriction.
- Notices : All notices shall be sent to support@techniqq.com.
By accessing or using the Software, you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions.
