TERMS AND CONDITIONS
Last updated June 13, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Mittal Software Labs Limited ('Company', 'we', 'us', or 'our').
We operate the mobile application RPA Bot Monitor (the 'App'), as well as any other related
products and
services
that refer or link to these legal terms (the 'Legal Terms') (collectively,
the
'Services').
You can contact us by email at appsupport@rpabotmonitor.com
These Legal Terms constitute a legally binding agreement made between you, whether
personally or
on
behalf of an entity ('you'), and RPA Bot Monitor concerning your access to and use of
the
Services. You agree that by
accessing the Services, you have read, understood, and agreed
to be
bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE
EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you
are
using. The modified
Legal Terms will become effective upon posting or notifying you by
appsupport@rpabotmonitor.com, as stated in
the email
message. By
continuing
to use
the Services after the
effective date of any changes, you agree to be bound
by the modified terms.
1. OUR SERVICES
The information provided when using the 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, regulation, or
which would subject us
to any
registration requirement within such a jurisdiction or country.
Accordingly, Those who
choose to
access the services from other locations do so on their own initiative and
are solely
responsible
for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all
intellectual
property rights in our services, including all source code,
databases, functionality,
software,
application designs, audio, video, text, photographs, and graphics in the
services
(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
various other intellectual
property rights and unfair competition laws) and treaties in
the United
States and around the world.
The content and marks are provided in or
through the
services 'AS IS' for your personal, non-commercial, or
internal business purposes only.
Your use of our Services
Subject to your compliance with these legal terms, including the 'PROHIBITED ACTIVITIES' section
below,
we grant you a non-exclusive, non-transferable, revocable license 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, or internal business purposes.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services
and no
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 whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in
this
section or
elsewhere in our Legal Terms, please address your request to: appsupport@rpabotmonitor.com.
If we
ever grant you the
permission to post, reproduce, or publicly display any part of our
Services or
Content, you must identify us
as the owners or licensors of the Services, Content, or
Marks and
ensure that any copyright or proprietary
notice appears or is visible on posting,
reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to the services, content, and marks.
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 and contributions
Please review this section
and the
'PROHIBITED ACTIVITIES' section carefully prior to using our services to
understand the
(a) rights
you give us and (b) obligations you have when you post or upload any content
through the
services.
Submissions: By directly sending us any question, comment,
suggestion, idea,
feedback, or other
information about the Services ('Submissions'), you agree to assign to
us all
intellectual property rights in such
Submission. You agree that we shall own this
submission and
be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial
or
otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may invite you to chat, contribute to, or participate
in blogs,
message boards,
online forums, and other functionality during which you may create,
submit, post,
display, transmit, publish,
distribute, or broadcast content and materials to us or
through the
Services, including but not limited to text,
writings, video, audio, photographs, music,
graphics,
comments, reviews, rating suggestions, personal
information, or other material
('Contributions').
Any submission that is publicly posted will also be treated as
a contribution.
You understand that contributions may be viewable by other users of the services.
When you post contributions, you grant us a license (including use of your name,
trademarks, and
logos): By posting any Contributions, you grant us an
unrestricted,
unlimited, irrevocable, perpetual,
nonexclusive, transferable, royalty-free, fully-paid, worldwide right and license to: use, copy,
reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly perform,
publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name,
and voice) for any
purpose,
commercial, advertising, or otherwise, to prepare derivative works of, or
incorporate into
other
works, your Contributions, and to sublicense the licenses granted in this section. Our
use
and
distribution may occur in any media format and through any media channels.
This
license includes our use of your name, company name, and franchise name, as applicable, and any
of
the trademarks, service marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload. By sending us
Submissions and/or posting
Contributions through any part of the Services or making
Contributions
accessible through the Services by
linking your account through the Services to any of
your social
networking accounts, you:
• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post,
send,
publish, upload, or transmit through the services any submission or any contribution that
is
illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory,
threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such
submission and/or
contribution;
• warrant that any such Submission and/or Contributions are original to you or that you
have the
necessary
rights and licenses to submit such Submissions and/or Contributions and that you
have
full authority to
grant us the above-mentioned rights in relation to your Submissions
and/or
Contributions; and
• warrant and represent that your submissions and/or contributions do not constitute
confidential
information.
You are solely responsible for your submissions and/or contributions, and you expressly agree to
reimburse
us for any and all losses that we may suffer because of your breach of (a) this
section,
(b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your content. Although we have no obligation to
monitor any
contributions, we
shall have the right to remove or edit any contributions at any time
without
notice if, in our reasonable
opinion, we consider such contributions harmful or in breach
of these
legal terms. If we remove or edit any
such contributions, we may also suspend or disable
your
account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you
submit will
be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information
and promptly update
such registration information as necessary; (3) you have the legal
capacity
and you agree to comply with
these Legal Terms; (4) you are not under the age of 13; (5)
you are
not a minor in the jurisdiction in which
you reside, or if a minor, you have received
parental
permission to use the Services; (6) you will not access
the Services through automated or
non-human means, whether through a bot, script or otherwise; (7) you
will not use the
Services for
any illegal or unauthorised purpose; and (8) 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 and all current or future use of the services (or any
portion thereof).
4. USER REGISTRATION
You may be required to register to use the
Services. You
agree to keep your password confidential and will
be responsible for all use of your
account and
password. We reserve the right to remove, reclaim, or
change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or
otherwise
objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for
any
purpose other than that for which we make the Services
available. The Services may not be
used in
connection with any commercial endeavours except those that
are specifically endorsed or
approved
by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the services to create or compile,
directly or
indirectly,
a collection, compilation, database, or directory without written permission
from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive
account
information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the
services,
including features
that prevent or restrict the use or copying of any content or enforce
limitations on the use of the services
and/or the content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the services
• Use
any information obtained from the services in order 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 (or attempt to upload or transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that
interferes
with
any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs,
disrupts, alters, or
interferes with the use, features, functions, operation, or
maintenance of
the services.
• Engage in any automated use of the system, such as using scripts to send comments or
messages,
or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any content.
•
Attempt
to impersonate another user or person, or use the username of another user.
• Upload
or
transmit (or attempt to upload or transmit) any material that acts as a passive or active
information collection or transmission mechanism, including, without limitation, clear graphics
interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes
referred to as'spyware' or 'passive collection mechanisms' or 'pcms').
• Interfere with, disrupt, or create an undue burden on the services or the networks or
services
connected to them.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any
portion of the services to you.
• Attempt to bypass any measures of the services designed to prevent or restrict access to
the
services or any portion of the services.
• Copy or adapt the services' software, including but not limited to Flash, PHP, HTML,
JavaScript,
or
other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any
of
the software comprising or in any way making up a part of the services.
• Except as may be the result of standard search engine or Internet browser usage, use,
launch,
develop, or distribute any automated system, including without limitation, any spider,
robot,
cheat
utility, scraper, or offline reader that accesses the Services, or use or launch any
unauthorized script
or other software.
• Use a buying agent or purchasing agent to make purchases for the services.
•
Make any
unauthorized use of the services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited email or creating
user
accounts by automated means or under false pretenses.
• Use the services as part of any effort to compete with us or otherwise use the services
and/or
the
content for any revenue-generating endeavor or commercial enterprise.
1. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat,
contribute to,
or participate in blogs, message boards, online forums,
and other functionality, and may
provide
you with the opportunity to create, submit, post, display, transmit,
perform, publish,
distribute,
or broadcast content and materials to us or on the Services, including but not
limited to
text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or
other material (collectively, 'Contributions'). Contributions may be viewable by other users of
the services and through third-party websites. As such, any contributions you transmit may
be
treated as
non-confidential and non-proprietary. When you create or make available any
contributions, you thereby
represent and warrant that:
• The creation, distribution, transmission, public display, or performance, and the
accessing,
downloading,
or copying of your contributions do not and will not infringe the proprietary
rights,
including but not limited
to the copyright, patent, trademark, trade secret, or moral
rights of
any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and
permissions to use and to authorize us, the Services, and other users of the Services to
use your
contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable
individual person
in your Contributions to use the name or likeness of each and every such
identifiable individual person to
enable inclusion and use of your Contributions in any
manner
contemplated by the Services and these
Legal Terms.
• Your contributions are not false, inaccurate, or misleading.
• Your contributions are not unsolicited or unauthorized advertising, promotional
materials,
pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libellous,
slanderous,
or otherwise objectionable (as determined by us).
• Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
•
Your contributions are not used to harass or threaten (in the legal sense of those terms) any
other
person or to promote violence against a specific person or class of people.
• Your
contributions do not violate any applicable law, regulation, or rule.
• Your
contributions
do not violate the privacy or publicity rights of any third party.
• Your
contributions do
not violate any applicable law concerning child pornography or are otherwise
intended to protect the health or well-being of minors.
• Your contributions do not
include
any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
• Your contributions do not
otherwise
violate, or link to material that violates, any provision of these
legal terms or any applicable law or regulation.
Any use of the Services in
violation of the
foregoing violates these Legal Terms and may result in, among
other things, termination or
suspension of your rights to use the Services.
6. CONTRIBUTION LICENCE
By posting your Contributions to any part of
the
Services or making Contributions accessible to the Services
by linking your account from
the
Services to any of your social networking accounts, you automatically grant,
and you
represent and
warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
licence to
host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,
store,
cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in
whole or in
part), and distribute such Contributions
(including, without limitation, your image and
voice) for
any purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and
authorise sublicences of
the
foregoing. The use and distribution may occur in any media formats and
through any media
channels.
This licence will apply to any form, media, or technology now known or
hereafter
developed, and includes
our use of your name, company name, and franchise name, as
applicable, and
any of the trademarks,
service marks, trade names, logos, and personal and commercial
images you
provide. You waive all moral
rights in your Contributions, and you warrant that moral
rights have
not otherwise been asserted in your
Contributions.
We do not assert
any
ownership over your contributions. You retain full ownership of all of your
Contributions
and any
intellectual property rights or other proprietary rights associated with your
Contributions We are
not liable for any statements or representations in your contributions provided by you
in
any area
of the services. You are solely responsible for your contributions to the services, and you
expressly agree to exonerate us from any and all responsibility and to refrain from any
legal
action against
us regarding your contributions.
We have the right, in
our sole
and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2)
to
re-categorise any Contributions to place them in more appropriate locations on the
Services; and
(3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
We
have no obligation to monitor your Contributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to
leave
reviews or ratings. When posting a review, you must
comply with the following criteria:
(1) you
should have firsthand experience with the person/entity being
reviewed; (2) your reviews
should
not contain offensive profanity, or abusive, racist, offensive, or hateful
language; (3)
your
reviews should not contain discriminatory references based on religion, race, gender,
national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not
contain
references to illegal activity; (5) you should not be affiliated with competitors if
posting
negative reviews; (6)
you should not make any conclusions as to the legality of conduct;
(7) you
may not post any false or
misleading statements; and (8) you may not organise a campaign
encouraging others to post reviews,
whether positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation
to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate.
Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views
of any
of our affiliates or
partners. We do not assume liability for any review or for any
claims,
liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free,
fully
paid, assignable, and sublicensable right and licence to reproduce, modify,
translate,
transmit by any
means, display, perform, and/or distribute all content relating to review.
8. MOBILE APPLICATION LICENCE
Use Licence
If you
access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the App on wireless electronic devices owned or
controlled by you
and to
access and use the App on such devices strictly in accordance with the terms and
conditions
of this mobile
application license contained in these Legal Terms. You shall not: (1)
except as
permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive
the
source code of, or decrypt the app; (2)
make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the
App; (3) violate any applicable
laws, rules,
or regulations in connection with your access or use of the App;
(4) remove, alter, or
obscure any
proprietary notice (including any notice of copyright or trademark) posted
by us or the
licensors
of the App; (5) use the App for any revenue-generating endeavour, commercial
enterprise,
or other
purpose for which it is not designed or intended; (6) make the App available over a
network or
other environment permitting access or use by multiple devices or users at the same time; (7)
use
the App for creating a product, service, or software that is, directly or indirectly,
competitive with
or in
any way a substitute for the App; (8) use the App to send automated queries to any
website
or to send any
unsolicited commercial email; or (9) use any proprietary information or any
of our
interfaces or our other
intellectual property in the design, development, manufacture,
licensing,
or distribution of any applications,
accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when
you use
the app obtained from either the Apple Store or Google Play (each
an 'App Distributor') to
access
the services: (1) The license granted to you for our app is limited to a
nontransferable
license
to use the application on a device that utilizes the Apple iOS or Android operating
systems, as
applicable, and in accordance with the usage rules set forth in the applicable app
distributor’s
terms of service; (2) We are responsible for providing any maintenance and support
services with
respect to
the App as specified in the terms and conditions of this mobile application
license
contained in these Legal
Terms or as otherwise required under applicable law, and you
acknowledge
that each App Distributor has no
obligation whatsoever to furnish any maintenance and
support
services with respect to the App; (3) in the
event of any failure of the App to conform to
any
applicable warranty, you may notify the applicable App
Distributor, and the App
Distributor, in
accordance with its terms and policies, may refund the purchase
price, if any, paid for
the App,
and to the maximum extent permitted by applicable law, the App Distributor
will have no
other
warranty obligation whatsoever with respect to the App; (4) you represent and warrant
that
(i) you
are not located in a country that is subject to a US government embargo, or that has been
designated by the US government as a 'terrorist supporting' country and (ii) you are not
listed on
any US
government list of prohibited or restricted parties; (5) you must comply with
applicable
third-party terms of
agreement when using the App, e.g. if you have a VoIP application,
then you
must not be in violation of their
wireless data service agreement when using the App; and
(6) you
acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms
and
conditions in this mobile application licence
contained in these Legal Terms, and that
each App
Distributor will have the right (and will be deemed to
have accepted the right) to enforce
the
terms and conditions in this mobile application licence contained in
these Legal Terms
against you
as a third-party beneficiary thereof.
9. SOCIAL MEDIA
As part of the functionality of the services, you may
link
your account with online accounts you have with
third-party service providers (each such
account
is a 'Third-Party Account') by either: (1) providing your
third-party
Party Account
login
information through the Services; or (2) allowing us to access your third-party
Account,
as is
permitted under the applicable terms and conditions that govern your use of each third-party
account. You represent and warrant that you are entitled to disclose your Third-Party
Account
login
information to us and/or grant us access to your Third-Party Account, without breach
by you
of any of the
terms and conditions that govern your use of the applicable Third-Party
Account, and
without obligating us
to pay any fees or making us subject to any usage limitations
imposed by the
third-party service provider of
the Third-Party Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we
may access, make available, and store (if applicable)
any
content that you have provided to and stored in
your Third-Party Account (the 'Social
Network
Content') so that it is available on and through the Services
via your account, including
without
limitation any friend lists, and (2) we may submit to and receive from
your Third-Party
Account
additional information to the extent you are notified when you link your account
with the
Third-Party Account. Depending on the third-party accounts you choose and subject to the privacy
settings that you have set in such third-party accounts, personally identifiable
information that
you post to
your third-party accounts may be available on and through your account on the
services. Please note that if
a third-party account or associated service becomes
unavailable or
our access to such a third-party account
is terminated by the third-party service
provider, then
social network content may no longer be available on
and through the services. You will
have the
ability to disable the connection between your account on the
services and your
third-party
accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE
PROVIDERS
ASSOCIATED WITH YOUR THIRDPARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD
PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any
purpose,
including but not limited to, for
accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You
acknowledge and agree that we may access
your
email address book associated with a Third-Party
Account and your contacts list stored on
your
mobile device or tablet computer solely for purposes of
identifying and informing you of
those
contacts who have also registered to use the Services. You can
deactivate the connection
between
the Services and your Third-Party Account by contacting us using the
contact information
below or
through your account settings (if applicable). We will attempt to delete any
information
stored on
our servers that was obtained through such Third-Party Account, except the username
and
profile
picture that become associated with your account.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation,
to: (1)
monitor the Services for violations of these Legal Terms; (2)
take appropriate legal
action
against anyone who, in our sole discretion, violates the law or these Legal Terms,
including
without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to
the
extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole
discretion and without limitation, notice,
or liability, to remove from the Services or
otherwise
disable all files and content that are excessive in size or are
in any way burdensome to
our
systems; and (5) otherwise manage the Services in a manner designed to protect
our rights
and
property and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services,
you
agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be
advised
the Services are hosted in India. If you access the Services from any other region
of the
world with laws or
other requirements governing personal data collection, use, or
disclosure that
differ from applicable laws in
India, then through your continued use of the Services, you
are
transferring your data to India, and you
expressly consent to have your data transferred
to and
processed in India.
12. 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, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND
USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON
OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY
OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY
TERMINATE
YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND 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, even
if you
may be
acting on behalf of the third party. In addition to terminating or suspending your
account,
we reserve the
right to take appropriate legal action, including without limitation
pursuing
civil, criminal, and injunctive
redress.
13. 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
and
without notice. However, we have no obligation to update any information on our
services.
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 that the services
will be
available at all times. We may experience hardware,
software, or other problems or need to
perform
maintenance related to the services, resulting in
interruptions, delays, or errors. We
reserve the
right to change, revise, update, suspend, discontinue, or
otherwise modify the services at
any
time or for any reason without notice to you. You agree that we have
no liability
whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the
services
during
any downtime or discontinuance of the services. 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 in connection therewith.
14. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of India. Mittal Software Labs Limited and
yourself
irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve
any
dispute which
may arise in connection with these Legal Terms.
15. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes
related to
these Legal Terms or the legal relationship
established by these Legal Terms to the
jurisdiction
of the India courts. Mittal Software Labs Limited shall also maintain the right
to bring proceedings as to the
substance of the matter in the courts of the country where you reside or, if
these Legal
Terms are
entered into in the course of your trade or profession, the state of your principal
place
of
business.
16. 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.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS.
YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED
BY
LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH THE
SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT WE MAKE NO WARRANTIES OR
REPRESENTATIONS
ABOUT THE ACCURACY
OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES
OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS
TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND
ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR
CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
AND/OR
(6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND
INCURRED AS
A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE
SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR
SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION
BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES YOU SHOULD USE YOUR BEST
JUDGMENT AND
EXERCISE CAUTION
WHERE APPROPRIATE WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR
IN ANY ENVIRONMENT.
18. 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.
19. 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: (1)
your
Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation of the
rights of
a third party,
including but not limited to intellectual property rights; or (6) any overt
harmful
act toward any other user of
the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the
exclusive
defense and control of any matter for which you are
required to indemnify us, and you
agree to
cooperate, at your expense, with our defense of such claims. We
will use reasonable
efforts to
notify you of any such claim, action, or proceeding that is subject to this
indemnification upon
becoming aware of it.
20. 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.
21. 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, via email and on the Services,
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,
ordinances, or
other laws in any jurisdiction that require an original signature,
the delivery or
retention of
non-electronic records, or payments or the granting of credits by any means
other than
electronic
means.
22. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted
by us on the Services or in respect to 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.
These Legal
Terms
operate to the fullest extent permissible by law. 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 or part of the
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. You hereby waive any and all
defences you may have
based on
the electronic form of these Legal Terms and the lack of signing by the
parties hereto to
execute
these Legal Terms.
23. CONTACT US
In order to resolve a complaint regarding the services or to
receive
further information regarding their use,
please contact us at:
● By visiting this page on our website: https://rpabotmonitor.com
● By sending us
an
email at
appsupport@rpabotmonitor.com