THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” OR “YOUR”) AND ZTXO ARTLFY PRIVATE LIMITED (HEREINAFTER “ZTXO”) GOVERNING YOUR USE OF HISABMITRA SUITE OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter referred to as the “General Terms”) and terms and conditions specific to the use of individual services (hereinafter referred to as the “Service-Specific Terms”). In the event of a conflict between the General Terms and Service-Specific Terms, the Service-Specific Terms shall prevail.
Acceptance of the Agreement
You must be of legal age to enter into a binding agreement in order to accept this Agreement. If you do not agree to the General Terms, you must not use any of our Services. If you agree to the General Terms but do not agree to any Service-Specific Terms, you must not use the corresponding Service. Acceptance of the Agreement may occur by checking a checkbox, clicking a button indicating acceptance, or by actual use of the Services.
Description of Service
We provide cloud-based software and applications for business use, including associated offline and mobile applications (hereinafter the “Service” or “Services”). You may use the Services for personal, internal business purposes, or as part of the organization you represent. Access to the Services is possible through any compatible internet browser supported by the Services. You are solely responsible for obtaining the required Internet connection and equipment necessary to access and use the Services. You can create, edit, publish, and share content using your user account as per the functionalities offered by HisabMitra.
Beta Service
HisabMitra may offer certain services as closed or open beta services (“Beta Service” or “Beta Services”) for testing and evaluation purposes. HisabMitra retains sole discretion to determine the testing period for such Beta Services and to decide whether to offer Beta Services as commercial services. Participation in Beta Services does not obligate you to subscribe to any paid plan. HisabMitra reserves the right to fully or partially modify, suspend, or discontinue Beta Services without prior notice. You acknowledge that HisabMitra will not be liable for any harm, loss, or inconvenience arising from the modification, suspension, or discontinuation of Beta Services.
Free Trial
If you register for a free trial of one or more Services, HisabMitra will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period, (ii) the start of a paid subscription for the applicable Services, or (iii) termination of the trial at HisabMitra’s discretion. Any data entered or customizations made during the free trial will be permanently lost unless you purchase a paid subscription, acquire a Service upgrade, or export the data before the end of the trial period. Services during the free trial are provided “as-is,” without warranties, support, or liability, to the extent permitted by applicable law.
User Sign-Up Obligations
To access or use the Services, you must sign up for a user account by providing all required information. If you represent an organization, you are encouraged to sign up using your corporate contact details, including your corporate email address. You agree to:
(i) provide accurate, current, and complete information during the sign-up process; and
(ii) promptly update your account information to ensure accuracy.
If HisabMitra suspects or determines that the information provided is inaccurate, outdated, or incomplete, HisabMitra reserves the right to terminate your user account and restrict access to HisabMitra.
Restrictions on Use
You agree not to:
- Transfer or make the Services available to third parties without prior written consent.
- Provide any service based on the Services without HisabMitra’s authorization.
- Share user licenses between individuals other than through reassignment.
- Reverse engineer, disassemble, or decompile the Services, except as permitted by applicable law.
- Access third-party links or use third-party resources without agreeing to their respective terms and conditions.
- Use third-party logos, names, or trademarks without proper authorization.
- Attempt unauthorized access to the Services, related systems, or networks.
- Use the Services in any manner that could disrupt, overburden, or impair HisabMitra servers or systems.
- Upload or transmit harmful materials, including viruses or malware.
- Interfere with the integrity, security, or performance of the Services.
- Host, upload, share, or transmit content that belongs to a third party without proper authorization.
- Violate any applicable laws, including but not limited to local, state, national, or international laws.
- Use the Services for competitive analysis, benchmarking, or other similar purposes.
- Remove or obscure proprietary notices embedded in the Services.
- Use the Services in any way that threatens national unity, sovereignty, security, or public order in India, incites offenses, or disrupts friendly relations with other nations.
- Create false identities or mislead others regarding the origin of communications.
- Transmit false, misleading, or defamatory information with malicious intent or for financial gain.
- Use the Services to encourage or engage in unlawful activities.
Spamming and Illegal Activities
You are solely responsible for all content transmitted through the Services. You agree not to use HisabMitra for illegal, defamatory, offensive, or inappropriate purposes, including but not limited to the following:
- Unlawful, abusive, or threatening content.
- Invasion of privacy or promotion of racism.
- Transmitting viruses or malicious code.
- Distribution of “junk mail,” spam, or phishing content.
HisabMitra reserves the right to terminate access to the Services if there are reasonable grounds to believe the Services are used for any illegal or unauthorized purposes.
Third-Party Applications
The Services may integrate with third-party applications (hereinafter “Third-Party Applications”), which may require acceptance of their terms and privacy policies (hereinafter “Third-Party Terms”). You are responsible for reviewing and complying with such Third-Party Terms. HisabMitra is not liable for any Third-Party Applications. HisabMitra may, at its sole discretion and without prior notice, restrict or remove access to Third-Party Applications within the Services without liability.
Personal Information and Privacy
Personal information you provide to HisabMitra through the Service is governed by the HisabMitra Privacy Policy. Your use of the Service signifies your acceptance of the terms of the HisabMitra Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are also responsible for all activities that occur under your user account. If you suspect unauthorized use of your account, you must notify us immediately at support@hisabmitra.com. We are not liable for any loss or damage resulting from unauthorized access or use of your user account.
Communications from HisabMitra
The Service may include certain communications from HisabMitra, such as service announcements, administrative messages, and newsletters. These communications are considered a part of using the Services. While you can opt out of receiving newsletters, you cannot opt out of receiving service announcements and administrative messages.
Complaints
If we receive a complaint concerning your use of the Services, we will forward it to the primary email address linked to your user account. You are required to respond directly to the complainant within 10 days and copy HisabMitra in your response. Failure to respond within the specified period may result in HisabMitra disclosing your contact information to the complainant to allow them to take appropriate legal action. Non-response will be deemed as consent to such disclosure.
Grievance Redressal
In accordance with applicable laws, any grievances may be addressed to our Grievance Officer. Please contact us at support@hisabmitra.com.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that remain inactive for a continuous period of 120 days. Prior to termination, we will provide notice and the option to back up your data. If terminated, all associated data will be permanently deleted. In the case of accounts with multiple users, as long as one user remains active, the account will not be considered inactive.
Hosting Location
Your account’s hosting location is determined based on your region or country at the time of sign-up. HisabMitra reserves the right to migrate your account to a different cloud facility if necessary. You agree not to mask your IP address during sign-up. If we identify a discrepancy in your region or country, we may migrate or terminate your account as deemed appropriate.
Data Ownership
You retain ownership of all content created or stored by you using the Services. HisabMitra does not claim ownership over your content. However, by using the Services, you grant HisabMitra permission to access, store, copy, and transmit your content as necessary for providing the Services.
User-Generated Content
You are solely responsible for any content you transmit or publish using the Services. You agree to ensure that any content you share complies with all applicable laws and does not infringe on third-party rights. By publishing or sharing content, you grant HisabMitra the right to remove or restrict access to such content in response to legal complaints.
Sample Files and Applications
HisabMitra may provide sample files or applications for demonstration purposes. These files may contain random data and are provided “as-is” without any warranty regarding their accuracy or reliability.
Trademark
HisabMitra, HisabMitra.com, and associated logos are trademarks of ZTXO ARTLFY PRIVATE LIMITED. You may not use these trademarks without explicit written permission from HisabMitra.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. HISABMITRA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
IN NO EVENT SHALL HISABMITRA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY, WHETHER DIRECT OR INDIRECT, SHALL NOT EXCEED INR 50,000 OR THE FEES PAID BY YOU IN THE LAST 12 MONTHS, WHICHEVER IS HIGHER.
Indemnification
You agree to indemnify and hold HisabMitra, its employees, affiliates, and partners harmless from any claims, damages, or expenses arising from:
- Violation of any law or third-party rights,
- Breach of this Agreement,
- Your content or use of the Services.
Governing Law and Jurisdiction
This Agreement is governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Ranchi, Jharkhand, India.
Suspension and Termination
We may suspend or terminate your account if:
- You violate this Agreement,
- Your account is inactive for extended periods,
- We receive requests from legal authorities.
You may terminate your account at any time. Upon termination, access to all Services will be denied, and all data in your account will be deleted.
Modification of Terms
We may update this Agreement periodically. If significant changes are made, we will notify you at least 30 days in advance. If you do not agree to the changes, you may terminate your account and receive a prorated refund for any prepaid fees. Continued use of the Services after the effective date of changes will constitute acceptance of the updated terms.