Terms of service
Please read this Agreement carefully before using the Services. By using the website
effia.co.in(the “Site”), and applications, features and other content (collectively,
the “Services”) offered by Effia TechnologiesIndia Pvt Ltd. (“effia technologies”),
you signify your assent to become bound by the terms and conditions of this Agreement.
If you do not agree to all the terms and conditions of this Agreement, you do not
have any right to use the Services.
The Services owned and operated by effia technologies. This Agreement applies to
all users of the Services. Your use of the Services is an acknowledgment that you
understand and agree to be bound by this Agreement, any fees applicable to you,
any additional guidelines, effia technologiesprivacy and Copyright Policies, and
any future modifications of this Agreement. The Services are accessed by you (“User”
or “you”) under the following terms and conditions:
1. Access to the services
Subject to the terms and conditions of this Agreement, effia technologies may provide
the Services, which are selected by you, solely for your own use, and not for the
use or benefit of any third party. Services shall include, but not be limited to,
the offering of any materials displayed or performed on the Site and related features
(including, but not limited to text, data, software, graphics, photographs, images,
illustrations, audio clips and video clips, also known as the “Content”). effia
technologies may change, suspend or discontinue the Services for any reason, at
any time, including the availability of any feature or Content. effia technologies
may also restrict your access to parts or all of the Services without notice or
liability. effia technologies may modify this Agreement at any time by posting a
notice on the Services, or by sending you a notice via e-mail or postal mail. You
shall be responsible for reviewing and becoming familiar with any such modifications.
Your use of the Services following such notification constitutes your acceptance
of the terms and conditions of this Agreement as modified. If at any time you do
not agree to these terms and conditions, you must terminate your use of the Services.
You will still remain liable for any obligations incurred or charges accrued on
or before the date of termination.
You certify to effia technologies that if you are an individual (i.e., not a corporation)
you are at least 13 years of age. You also certify that you are legally permitted
to use the Services and access the Site. If you are entering into this Agreement
on behalf of a company or other legal entity, you represent and warrant that you
have the authority to bind such entity to this agreement, in which case the terms
“you” or “your” shall refer to such entity. This Agreement is void where prohibited
by law, and the right to use the Services is revoked in such jurisdictions.
effia technologies will use reasonable efforts to ensure that the Services are available
twenty-four hours a day, seven days a week. However, there will be occasions when
the Services will be interrupted for maintenance, upgrades and emergency repairs
or due to failure of telecommunications links and equipment. Every reasonable step
will be taken by effia technologies to minimize such disruption where it is within
effia technologies reasonable control. effia technologies will not be liable in
any event to you or any other party for any suspension, modification, discontinuance
or lack of availability of the Site, the Services, your Results (as defined herein)
or other content.
You shall not store any significant portion of the Content in any form. Copying
or storing of any Content for other than personal, noncommercial use is expressly
prohibited without prior written permission from effia technologies, or from the
copyright holder identified in such Content's copyright notice. All trademarks,
service marks, and trade names which appear on the Services are proprietary to effia
technologies or third parties. You shall abide by all copyright notices and restrictions
contained in any Content accessed through the Services.
The Services are protected by copyright as a collective work and/or compilation,
pursuant to INDIA and other copyright laws. Subject to the terms and conditions
of this Agreement, effia technologies grants you a nonexclusive, nontransferable
right and license (without right to sublicense) to access and use the Services,
solely for your internal business purposes. You may not (except as expressly provided
in this Section of this Agreement) modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works based on, distribute, perform,
display, share with any third party, or in any way exploit or use for any commercial
purpose, any of the Content, software, materials, or Services in whole or in part.
3. Customer Data
You acknowledge and agree that if you provide effia technologies with data about
yourself or your business in connection with your use of the Services (“Customer
Data”), you hereby do and shall grant effia technologies a non-exclusive, worldwide,
royalty-free, transferable right to use, modify, reproduce, and display such data
to (i) provide the Services and (ii) improve the Services’ ability to deliver Results
(as defined below) to you. You warrant, represent and agree that you have the right
to grant effia technologies the rights set forth above.
effia technologies may, but is not obligated to, monitor Customer’s usage of the
Service and remove any Content or prohibit any use of the Services, if effia technologies
believes in its sole discretion such Content or use may be (or is alleged to be)
in violation of these Terms of Service or any applicable laws. All information transmitted
through the Services is the sole responsibility of the party from whom such information
originated. effia technologies does not assume liability for any Customer Data.
You are responsible for all Customer Data submitted under your account, including
Customer Data contributed by a third party under your account.
Any feedback relating to the Services (“Feedback”) submitted to effia technologies
shall become the property of effia technologies. effia technologies will not be
required to treat any Feedback as confidential, and will not be liable for any ideas
or incur any liability as a result of any similarities that may appear in our future
Services, or operations.
Unless otherwise agreed by the parties and subject to effia technologies rights
set forth in this Section, you shall own all right, title and interest (including
all intellectual property and other proprietary rights) in and to all data developed
using your Customer Data during the performance of the Services and delivered to
you by effia technologies (“Results”). Results are works made for hire to the extent
allowed by law, and effia technologies makes all assignments to you necessary to
accomplish the foregoing ownership. You hereby grant effia technologies a limited,
non-exclusive right (i) to disclose your Results to effia technologies employees
and agents solely as required for them to provide effia technologies with their
products and services, and (ii) to disclose your Results to comply with court order,
law, or direction by a governmental or regulatory agency (in which event, effia
technologies will use reasonable efforts to provide prior written notice to you
of such disclosure and the opportunity to object to such disclosure or to seek confidential
treatment of such data), and (iii) to use your Results to operate, manage, and maintain
the Services, and to improve the Services’ ability to deliver web and application
analytics services to you. effia technologies may compile and analyze Results and
prepare reports and other work product using the aggregate Results compiled from
you and other customers. Nevertheless anything in this Agreement, effia technologies
shall have exclusive ownership rights to, and the exclusive right to use, such compiled
Results for any purpose, including, but not limited to advertising, marketing, and
improvement of the Services. Effia shall not distribute compiled Results in a manner
that identifies you without first obtaining your prior written consent
effia technologies has no obligation to store any Results after delivery of such
results to you. effia technologies reserves the right to withhold, remove or discard
Results without notice for any breach of this Agreement by you, including, without
limitation, your non-payment of fees due hereunder. Upon termination of this Agreement
for your breach, effia technologies shall have no obligation to maintain or forward
any Results to you.
You are responsible for all of your activity in connection with the Services. You
may not post or transmit, or cause to be posted or transmitted, any communication
designed or intended to obtain password, account, or private information from any
effia technologies user. Effiawill not be liable for any failures in the Services
or other problems which are related to your Customer Data or any equipment or service
outside of effia technologies facilities or control.
You shall not use any part of the Site or Services to violate the security of any
computer network, crack passwords or security encryption codes, transfer or store
material that is deemed threatening or obscene, or engage in any kind of illegal
activity. You will not run Mail list, Listserv, any form of auto-responder, or spam
on the Site or through the Services. You will use the Services only in compliance
with all applicable laws (including but not limited to policies and laws related
to spamming, privacy, intellectual property, consumer and child protection, obscenity,
or defamation). You represent, warrant and covenant that your use of the Services
shall at all times comply with effia technologies Copyright Policy, as may be amended
by Effia technologies from time to time.
6. Warranty Disclaimer
effia technologies has no special relationship with or fiduciary duty to you. You
acknowledge that effia technologies has no control over, and no duty to take any
action regarding: which users gain access to the Services; what Results you may
obtain via the Services; what effects the Content may have on you; how you may interpret
or use the Results; or what actions you may take as a result of having been exposed
to the Content. You release effia technologies from all liability for your having
acquired or not acquired Content and Results through the Services. effia technologies
does not manage or control any business or individual that you may interact with
through the Services, and effia technologies accepts no responsibility or liability
for any act or omission by such entity. You hereby ignore any and all legal or equitable
rights or remedies you have or may have against effia technologies with respect
to acts and omissions by such entities.
The Services may contain, or direct you to sites containing, information that some
people may find offensive or inappropriate. effia technologies makes no representations
concerning any content contained in or accessed through the Services, and effia
technologies will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Services.THE
SERVICES, CONTENT, RESULTS, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, EFFIA TECHNOLOGIES DISCLAIMS ANY LIABILITY
OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY
OR OPERABILITY OF THE MATERIAL PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES,
YOU ACKNOWLEDGE THAT EFFIA TECHNOLOGIES IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM
RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON
THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THROUGH
THE SERVICES; AND (4) THE INABILITY TO ACCESS OR RETRIEVE ANY RESULTS FROM THE SERVICES,
INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE
7. Third Party Sites and Services
Users of effia technologies may gain access from the Services to third party sites
on the Internet. Third party sites or services are not within the supervision or
control of effia technologies. effia technologies makes no representations or warranties
about any third party site or resource, and does not endorse the products or services
offered by third parties. effia technologies disclaims all responsibility and liability
for content on third party websites. You hereby irrevocably waive any claim against
effia technologies with respect to third party content. Third party providers of
ancillary services may require your agreement to additional or different license
or other terms prior to your use or access of their sites or services. Any such
agreement shall not in any way modify your Agreement here with effia technologies.
8. Registration and Security
As a condition to using Services, you may be required to supply effia technologies
with certain registration information. You shall provide effia technologies with
accurate, complete, and updated registration information. Failure to do so shall
constitute a breach of this Agreement, which may result in termination of your access
to and use of the Services. You shall never use another User’s account or registration
information, for effia technologies or any third party services you access through
effia technologies, without permission. effia technologies reserves the right to
refuse registration of or cancel an account in its discretion. You shall be responsible
for maintaining the confidentiality of your effia technologies password and for
all activity of any person who accesses the Services using your password.
You irrevocably authorize effia technologies to disclose you’re personally identifiable
information or the personally identifiable information of your end users collected
by effia technologies at the request of any state, federal or other governmental
agency or in response to any judicial process.
You will insure and hold effia technologies, its directors, officers, employees,
agents, and representatives harmless, including costs and attorneys' fees, from
any claim or demand made by any third party due to or arising out of your access
to or use of the Services, the Customer Data, your violation of this Agreement,
or your infringement, or the infringement by any third party using your registration
information, of any intellectual property, or other right of any person or entity,
including but not limited to any third party claims relating to your disclosure
of personally identifiable information of your end users to effia technologies.
10. Limitation of Liability
IN NO EVENT SHALL effia technologies, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (A)
ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES
FOR LOSS OF USE, PROFITS, DATA, IMAGES, CUSTOMER DATA OR OTHER INTANGIBLES; (C)
DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS;
OR (D) DAMAGES RELATED TO DOWNLOADING OR USING RESULTS. effia technologies LIABILITY
UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT
OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Termination; Fees
Either party may terminate the Services at any time by notifying the other party
by any means. effia technologies may also terminate or suspend any and all Services
immediately, without prior notice or liability, if you breach any of the terms or
conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon any
such termination, your right to use the Services and access Results will immediately
cease. All provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnification obligations, and limitations of liability.
effia technologies may charge a monthly subscription fee for use of the Services.
Applicable fee(s) will be based on the subscription plan that you select during
registration. You agree to pay all applicable fee(s). In the event you are required
to pay any such fee(s), your credit card or debit card will be charged on the first
day of each monthly billing cycle beginning on your sign-up date. You may cancel
your effia technologies subscription at any time, but once you have been charged
a subscription fee, there are no refunds, partial or in full, for that fee.
by effia technologies and to which you agree to be bound as a user of the Services.
13. Dispute Resolution
A printed version of this Agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to
this Agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. Any cause
of action arising out of or related to the Services must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is permanently
This Agreement shall be governed by and construed in accordance with the laws of
the INDIA. Any dispute arising from or relating to the subject matter of this Agreement
shall be finally settled by the state and courts located in the State. Use of the
Services is not authorized in any jurisdiction that does not give effect to all
provisions of this Agreement, including without limitation, this section.
The failure of either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further rights hereunder. effia technologies
shall not be liable for any failure to perform its obligations hereunder where such
failure results from any cause beyond effia technologies reasonable control, including,
without limitation, mechanical, electronic or communications failure or degradation.
If any provision of this Agreement is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so that
this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sub licensable by you except with
effia technologiesprior written consent. effia technologies may transfer, assign
or delegate this Agreement and any or all of its rights and obligations without
consent. effia technologies may publicly disclose in writing that customers who
purchase paid Services are customers and may use their trademarks, service marks
or trade name solely in connection with such disclosures. This Agreement (including
of the mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings relating to
the subject matter of this Agreement. No agency, partnership, joint venture, or
employment is created as a result of this Agreement and you do not have any authority
to bind effia technologies in any respect whatsoever. Any notice that is required
or permitted by this Agreement shall be in writing and shall be deemed effective
upon receipt, when sent by confirmed e-mail when delivered in person by nationally
recognized overnight courier or mail.