Terms of Use

THIS DOCUMENT CONSTITUTES AN AGREEMENT BETWEEN YOU OR THE ENTITY YOU REPRESENT (HEREINAFTER REFERRED TO AS "YOU" OR "YOUR") AND THE RELEVANT Vyasaka techonolgies private limited CONTRACTING ENTITY IDENTIFIED HERE (HEREINAFTER REFERRED TO AS " Vyasaka techonolgies private limited"), WHICH REGULATES YOUR USE OF THE Vyasaka techonolgies private limited SUITE OF ONLINE MARITIME ERP SOFTWARE.

Parts of this Agreement

This Agreement is composed of the following terms and conditions (hereinafter referred to as the "General Terms") along with any terms and conditions that may be specific to the use of individual Services (hereinafter referred to as the "Service Specific Terms"). In case of any conflict between the General Terms and the Service Specific Terms, the Service Specific Terms shall take precedence.

Acceptance of the Agreement

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, refrain from using any of our Services. Should you agree to the General Terms but not to any Service Specific Terms, please do not utilize the corresponding Service. Acceptance of the Agreement can be indicated by checking a checkbox or clicking a button that signifies your acceptance of the Agreement, or by actively using the Services.

Description of Service

We offer cloud software and applications for businesses, which includes related offline and mobile applications ("Service" or "Services"). You are permitted to use the Services for both personal and business purposes, or for internal business activities within the organization you represent. Access to the Services can be achieved through any Internet browser that is supported by the Services. It is your responsibility to secure access to the Internet and to have the necessary equipment to utilize the Services. You have the ability to create and edit content with your user account, and if you opt to do so, you may publish and share that content.

Beta Service

We may provide certain Services as either closed or open beta services ("Beta Service" or "Beta Services") for the purposes of testing and evaluation. You acknowledge that we possess the exclusive authority and discretion to establish the duration for the testing and evaluation of Beta Services. We will be the sole arbiters of the success of such testing and will determine, if applicable, whether to transition the Beta Services into commercial offerings. You will not be obligated to obtain a subscription for any paid Service due to your subscription to any Beta Service. We retain the right to fully or partially suspend, at any time and intermittently, either temporarily or permanently, any of the Beta Services with or without prior notice to you. You agree that Vyasaka techonolgies private limited shall not be held liable to you or any third party for any damages related to, arising from, or caused by the alteration, suspension, or termination of any of the Beta Services for any reason.

Free Trial

If you sign up for a free trial of one or more Services, Vyasaka techonolgies private limited will provide the relevant Services to you on a trial basis at no cost until the earlier of (i) the conclusion of the free trial period for the applicable Services (unless you terminate it sooner), (ii) the commencement of the paid subscription period for the applicable Services, or (iii) termination by Vyasaka techonolgies private limited at its sole discretion. Any data you input into the Services, along with any customizations made during the free trial, will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) acquire applicable Service upgrades, or (iii) export such data prior to the conclusion of the trial period. Notwithstanding any provisions in this Section, Services are provided as-is during the free trial, without any warranty, covenant, support, or liability whatsoever, to the extent permitted by law.

User Registration Responsibilities

To access or utilize the Services, you are required to create a user account by supplying all necessary information. If you are representing an organization and intend to use the Services for internal corporate purposes, it is advisable for you and all other users from your organization to register for user accounts using your corporate contact details. Specifically, we suggest that you utilize your corporate email address. You agree to: (i) furnish true, accurate, current, and complete information about yourself as requested during the registration process; and (ii) promptly maintain and update the information provided during registration to ensure it remains true, accurate, current, and complete. Should you provide any information that is false, inaccurate, outdated, or incomplete, or if Vyasaka techonolgies private limited has reasonable grounds to believe that such information is false, inaccurate, outdated, or incomplete, Vyasaka techonolgies private limited reserves the right to terminate your user account and deny current or future access to any or all of the Services.

Restrictions on Use

In addition to all other terms and conditions outlined in this Agreement, you are prohibited from: (i) transferring the Services or making it accessible to any third party; (ii) offering any service derived from the Services without obtaining prior written consent; (iii) permitting user licenses to be shared or utilized by more than one individual, except through the reassignment of the user license to a new user; (iv) unless allowed by applicable law, attempting to disassemble, reverse engineer, or decompile the Services; (v) utilizing third-party links to websites without agreeing to their terms and conditions; (vi) posting links to third-party sites or using their logos, company names, etc., without prior written authorization; (vii) attempting to gain unauthorized access to the Services or its associated systems or networks; (viii) using the Services in any way that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Vyasaka techonolgies private limited; (ix) employing the Services to send or store materials containing software viruses, worms, or other harmful computer codes, files, scripts, or programs; (x) using the Services in any manner that disrupts or interferes with the integrity, security, or performance of the Services, its components, and the data contained therein; (xi) creating a false identity to mislead any individual regarding the identity or origin of any communication; (xii) hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information that belongs to another person or entity without having the right to do so, including personal or confidential information of any individual or entity for which you do not have consent or permission; (xiii) using the Services to transmit information that is false and misleading, published in any form, with the intent to deceive or harass an individual, entity, or agency for financial gain or to inflict harm on any person; (xiv) violating any applicable local, state, national, or international law; (xv) using the Services.

Spamming and Illegal Activities

You acknowledge that you are entirely responsible for the content of your transmissions via the Services. You agree not to utilize the Services for unlawful purposes or to transmit materials that are illegal, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, that offend religious sentiments, promote racism, contain viruses or malicious code, or infringe or may infringe upon the intellectual property or other rights of others. You agree not to use the Services for sending "junk mail", "spam", "chain letters", "phishing", or unsolicited mass email distributions. We reserve the right to terminate your access to the Services if we have reasonable grounds to believe that you have engaged in any illegal or unauthorized activities.

Third Party Applications

Vyasaka techonolgies private limited Services are integrated with various third-party applications (hereinafter referred to as "Third Party Application(s)"). Accessing and using these Third Party Applications may necessitate your acceptance of the terms of service and privacy policies that apply to such Third Party Applications (hereinafter referred to as "Third Party Terms"). It is your responsibility to read and comprehend the Third Party Terms prior to accessing or utilizing any Third Party Application. You acknowledge and agree that Vyasaka techonolgies private limited is not responsible for any Third Party Applications. While we will endeavor to provide you with advance notice whenever reasonably feasible, you acknowledge and agree that Vyasaka techonolgies private limited may, at any time and at our sole discretion, and without any notice to you, suspend, restrict, or disable access to or remove any Third Party Application from Vyasaka techonolgies private limited Services, without any liability to you, including but not limited to any loss of profits, revenue, data, goodwill, or other intangible losses.

Fees and Payments

The Services are offered through subscription plans of varying lengths. Payments for subscription plans lasting less than a year can solely be made via Credit Card. Your subscription will automatically renew at the conclusion of each subscription period unless you either downgrade your paid subscription to a free plan or notify us that you do not wish to renew. Upon automatic renewal, the subscription fee will be charged to the Credit Card you last used. We offer you the option to modify the payment details if you prefer to use a different Credit Card for the renewal. Should you decide not to renew the subscription, you must notify us at least seven days before the renewal date. If you have not downgraded to a free plan and have not informed us of your intention not to renew, you will be deemed to have authorized Vyasaka techonolgies private limited to charge the subscription fee to the Credit Card you last used. Please click here to review our Refund Policy. Occasionally, we may adjust the price of any Service or begin charging for Services that are currently offered free of charge. Any increase in fees will not take effect until the end of your current billing cycle. You will not incur charges for using any Service unless you have selected a paid subscription plan. In the event that any tax, such as GST, VAT, sales tax, or similar, is applicable by Vyasaka techonolgies private limited in accordance with local, state, provincial, or foreign laws regarding your subscription to our Services ("Taxes"), Vyasaka techonolgies private limited will issue an invoice for such Taxes. You agree to pay Vyasaka techonolgies private limited these Taxes in addition to the subscription fees. Vyasaka techonolgies private limited will provide you with an invoice formatted according to the relevant local, state, provincial, or foreign laws to assist you in claiming the applicable input tax credit for the Taxes paid.

Personal Information and Privacy

Personal information that you provide to Vyasaka techonolgies private limited via the Service is subject to the Vyasaka techonolgies private limited Privacy Policy. Your decision to utilize the Service signifies your acceptance of the terms outlined in the Vyasaka techonolgies private limited Privacy Policy. You are accountable for safeguarding the confidentiality of your username, password, and other sensitive information. You are liable for all actions that take place within your user account, and you agree to notify us immediately of any unauthorized use of your user account by emailing accounts@vyasaka.com or by calling any of the numbers listed on https://www. Vyasaka techonolgies private limited.com/site/ Vyasaka techonolgies private limited/contact/contact. We are not liable for any loss or damage incurred by you or any third party as a result of unauthorized access and/or use of your user account, or otherwise.

Communications from Vyasaka techonolgies private limited

The Service may encompass certain communications from Vyasaka techonolgies private limited, including service announcements, administrative messages, and newsletters. You acknowledge that these communications will be regarded as part of your use of the Services. In line with our commitment to ensuring your complete privacy, we also offer you the option to opt-out of receiving newsletters from us. However, you will not have the ability to opt-out of receiving service announcements and administrative messages.

Complaints

In the event that we receive a complaint from any individual regarding your activities while using the Services, we will forward the complaint to the primary email address associated with your user account. You are required to respond to the complainant directly within 10 days of receiving the forwarded complaint from us and to include Vyasaka techonolgies private limited in your communication. Should you fail to respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant to facilitate any legal action they may wish to pursue against you. You acknowledge that your failure to respond to the forwarded complaint within the 10-day timeframe will be interpreted as your consent to the disclosure of your name and contact information.

Inactive User Accounts Policy

We maintain the authority to terminate unpaid user accounts that remain inactive for a continuous duration of 120 days. Upon such termination, all data linked to the respective user account will be erased. We will notify you in advance of this termination and provide you with the opportunity to back up your data. The data deletion policy may be enforced concerning any or all of the Services. Each Service will be treated as an independent and distinct service for the purpose of determining the inactivity period. In other words, activity in one Service does not suffice to keep your user account active in another Service. For accounts with multiple users, if at least one user is active, the account will not be deemed inactive.

Data Ownership

We acknowledge your right to ownership of the content you create or store. You retain ownership of the content you create or store. Unless explicitly authorized by you, your utilization of the Services does not confer Vyasaka techonolgies private limited the license to use, reproduce, adapt, modify, publish, or distribute the content you create or store in your user account for Vyasaka techonolgies private limited’s commercial, marketing, or any similar purposes. However, you grant Vyasaka techonolgies private limited permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of your user account solely as necessary for the provision of the Services to you.

Hosting Location

The cloud facility's location from which you receive services is determined by the mapping of your region or country to the available cloud facilities at the time you sign up. In the event of any updates to the region or country to cloud facility mapping, we may migrate your account or require you to do so to a different cloud facility. It is imperative that you do not mask your internet protocol (IP) address during sign-up, as your region or country is identified based on your IP address. Should it be discovered at any point that your actual region or country differs from what is recorded in our system, Vyasaka techonolgies private limited may take necessary actions, which could include migrating your account or requiring you to migrate to the cloud facility that corresponds with your region or country, or potentially closing your account and denying you access to the Service. If you are served from a cloud facility located outside your region or country, and a Vyasaka techonolgies private limited group entity has an office in your region or country, we may not only store your data in the assigned cloud facility but also maintain a local copy of the data within your region or country.

User Generated Content

You are permitted to transmit or publish content that you have created using any of the Services or through other means. However, you will bear full responsibility for such content and any consequences arising from its transmission or publication. Any content that is made public will be accessible on the internet and may be indexed and crawled by search engines. It is your responsibility to ensure that you do not inadvertently make any private content publicly accessible. Any content you receive from other users of the Services is provided to you AS IS for your personal use and information only, and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose without the explicit written consent of the rights holder. While using any of the Services, if you encounter content that contains copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as applicable. By making any copyrighted or copyrightable content available on any of the Services, you affirm that you have obtained the consent, authorization, or permission from every individual who may assert any rights in such content to make it available in that manner. Furthermore, by making any content available as described above, you expressly agree that Vyasaka techonolgies private limited reserves the right to block access to or remove any content you have made available if Vyasaka techonolgies private limited receives complaints regarding any illegality or infringement of third-party rights in that content. By utilizing any of the Services and transmitting or publishing any content through such Service, you expressly consent to the resolution of issues concerning illegality or infringement of third-party rights in that content by the agent designated by Vyasaka techonolgies private limited for this purpose. For procedures concerning complaints about illegality or violations of third-party rights in content transmitted or published through the Services, please click here. Should you wish to contest any blocking or removal of content by Vyasaka techonolgies private limited, you may do so in the manner outlined here.

Sample Files and Applications

Vyasaka techonolgies private limited may offer sample files and applications to demonstrate the effective use of the Services for specific purposes. The information within these sample files and applications consists of random data. Vyasaka techonolgies private limited provides no warranty, either express or implied, regarding the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.

Trademark

' Vyasaka techonolgies private limited', the Vyasaka techonolgies private limited logo, the names of individual Services, and their logos are trademarks of Vyasaka techonolgies private limited Corporation Private Limited. You agree not to display or utilize, in any form, the Vyasaka techonolgies private limited trademarks without prior permission from Vyasaka techonolgies private limited.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE OFFERED ON AN AS-IS AND AS-AVAILABLE BASIS. Vyasaka techonolgies private limited CLEARLY DISCLAIMS ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. Vyasaka techonolgies private limited DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DEVICE, OR DATA RESULTING FROM YOUR USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, RECEIVED BY YOU FROM Vyasaka techonolgies private limited, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPLICITLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU AGREE THAT Vyasaka techonolgies private limited SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS ARISING FROM OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Vyasaka techonolgies private limited HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Vyasaka techonolgies private limited’S TOTAL LIABILITY TO YOU REGARDING ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE THOUSAND DOLLARS ($1000) OR THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER AMOUNT IS GREATER.

Indemnification

You consent to indemnify and protect Vyasaka techonolgies private limited, along with its officers, directors, employees, suppliers, and affiliates, from any losses, damages, fines, and expenses (including attorney's fees and costs) that arise from or relate to any claims asserting that you have utilized the Services in violation of another party's rights, in contravention of any law, in breach of any provisions of the Agreement, or any other claim associated with your use of the Services, unless such use is expressly authorized by Vyasaka techonolgies private limited.

Governing Law and Jurisdiction

The governing law and jurisdiction applicable in the event of any dispute or lawsuit arising from or related to this Agreement will be determined by your billing address if you are a paid customer, and by your state or country of residence in all other instances. Consequently, each party consents to the governing law (irrespective of choice or conflict of law rules) and to the exclusive jurisdiction of the courts specified herein in the event of any dispute or lawsuit arising from or related to this Agreement.

Suspension and Termination

We reserve the right to suspend your user account or temporarily restrict access to all or part of any Service in cases of suspected illegal activity, prolonged periods of inactivity, or requests from law enforcement or other governmental agencies. Any objections to the suspension or disabling of user accounts should be directed to legal@vyasaka.in within thirty days of receiving notification regarding the suspension. We may terminate a suspended or disabled user account after thirty days. Additionally, we will terminate your user account upon your request. Furthermore, we maintain the right to terminate your user account and restrict access to the Services if we reasonably believe that you have breached the Agreement. Additionally, we may terminate your access to any Beta Service in the event of unforeseen technical difficulties or the discontinuation of the Beta Service. You are entitled to terminate your user account if Vyasaka techonolgies private limited fails to fulfill its obligations under this Agreement, in which case you will receive a prorated refund of any fees paid in advance. The termination of your user account will result in the denial of access to all Services, the deletion of information associated with your user account, including your email address and password, and the removal of all data within your user account.

Modification of Terms of Service

We reserve the right to amend this Agreement at any time, notifying you through a service announcement or by sending an email to your primary email address. Should we implement significant changes to the Agreement that impact your rights, you will receive at least 30 days' notice of these changes via email to your primary email address. You may choose to terminate your use of the Services by notifying Vyasaka techonolgies private limited via email within 30 days of being informed about the modified Agreement if the changes substantially affect your rights regarding the use of the Services. In such a case, you will be entitled to a prorated refund for the unused portion of any prepaid fees. Your continued use of the Service following the effective date of any changes to the Agreement will be interpreted as your acceptance of the modified Agreement.

End Of Terms Of Service

If you have any inquiries or concerns about this Agreement, please reach out to us at legal@vyasaka.in. Terms and conditions Privacy Policy