Parts of this Agreement
This Agreement consists of the following terms and conditions
(hereinafter the “General Terms”) and terms and conditions, if
any, specific to use of individual Services (hereinafter 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 the Agreement . If you do not agree to the General
Terms, do not use any of our Services. If you agree to the General
Terms and do not agree to any Service Specific Terms, do not use
the corresponding Service. You can accept the Agreement by
checking a checkbox or clicking on a button indicating your
acceptance of the Agreement or by actually using the Services.
Description of Service
We provide cloud software and applications for businesses,
including associated offline and mobile applications ("Service" or
"Services"). You may use the Services for your personal and
business use or for internal business purpose in the organization
that you represent. You may connect to the Services using any
Internet browser supported by the Services. You are responsible
for obtaining access to the Internet and the equipment necessary
to use the Services. You can create and edit content with your
user account and if you choose to do so, you can publish and share
such content.
Beta Service
We may offer certain Services as closed or open beta services
("Beta Service" or “Beta Services”) for the purpose of testing and
evaluation. You agree that we have the sole authority and
discretion to determine the period of time for testing and
evaluation of Beta Services. We will be the sole judge of the
success of such testing and the decision, if any, to offer the
Beta Services as commercial services. You will be under no
obligation to acquire a subscription to use any paid Service as a
result of your subscription to any Beta Service. We reserve the
right to fully or partially discontinue, at any time and from time
to time, temporarily or permanently, any of the Beta Services with
or without notice to you. You agree that IMESH will not be liable
to you or to any third party for any harm related to, arising out
of, or caused by the modification, suspension or discontinuance of
any of the Beta Services for any reason.
Free Trail
If you register for a free trial of our platform, IMESH 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
of the applicable Services (unless terminated earlier by you),
(ii) the start date of the paid subscription period for the
applicable Services, or (iii) termination by IMESH in its sole
discretion. Any data that you enter into the Services, and any
customizations made to the Services during the free trial will be
permanently lost unless you (i) purchase the corresponding paid
subscription plan for the account, (ii) purchase applicable
Service upgrades, or (iii) export such data before the end of the
trial period. Notwithstanding anything contained in this Section,
Services are offered as-is during the free trial, without any
warranty, covenant, support or liability whatsoever, to the extent
permitted by law.
User Sign up Obligations
You need to sign up for a user account by providing all required
information in order to access or use the Services. If you
represent an organization and wish to use the Services for
corporate internal use, we recommend that you, and all other users
from your organization, sign up for user accounts by providing
your corporate contact information. In particular, we recommend
that you use your corporate email address. You agree to: (i)
provide true, accurate, current and complete information about
yourself as prompted by the sign up process; and (ii) maintain and
promptly update the information provided during sign up to keep it
true, accurate, current, and complete. If you provide any
information that is untrue, inaccurate, outdated, or incomplete,
or if IMESH has reasonable grounds to suspect that such
information is untrue, inaccurate, outdated, or incomplete, IMESH
may terminate your user account and refuse current or future use
of any or all of the Services.
Restrictions on Use
In addition to all other terms and conditions of this Agreement,
you shall not: (i) transfer the Services or otherwise make it
available to any third party; (ii) provide any service based on
the Services without prior written permission; (iii) allow user
licenses to be shared or used by more than one individual other
than by way of reassigning the user license to a new user; (iv)
except as permitted under applicable law, attempt to disassemble,
reverse engineer or decompile the Services; (v) use the third
party links to sites without agreeing to their website terms &
conditions; (vi) post links to third party sites or use their
logo, company name, etc. without their prior written permission;
(vii) attempt to gain unauthorized access to the Services or its
related systems or network; (viii) use the Services in any manner
that could damage, disable, overburden, impair or harm any server,
network, computer system, resource of IMESH; (ix) use the Services
to send or store material containing software viruses, worms or
other harmful computer codes, files, scripts or programs; (x) use
the Services in any manner that interferes with or disrupts the
integrity, security or performance of the Services, its components
and the data contained therein; (xi) host, display, upload,
modify, publish, transmit, store, update or share any information
that belongs to another person or entity and to which you do not
have any right, including personal or confidential information of
any person or entity with respect to which you do not have consent
or permission from such person or entity; ( xii) violate any
applicable local, state, national or international law; (xiii) use
the Services for any form of competitive or benchmarking purposes;
and (xiv) remove or obscure any proprietary or other notices
contained in the Services; (xv) use our Services in any manner
that threatens the unity, integrity, defence, security or
sovereignty of India, friendly relations of India with other
countries, or public order, or causes incitement to the commission
of any cognisable offense or prevents investigation of any offense
or is insulting other countries; (xvi) create a false identity to
mislead any person as to the identity or origin of any
communication; (xvii) use the services for transmitting
information that is patently false and untrue, and is written or
published in any form, with the intent to mislead or harass a
person, entity or agency for financial gain or to cause any injury
to any person; or (xviii) use the services in a manner that
relates to or encourages any activity prohibited by law in India.
Spamming and illegal Activities
You agree to be solely responsible for the contents of your
transmissions through the Services. You agree not to use the
Services for illegal purposes or for the transmission of material
that is unlawful, defamatory, insulting, harassing, libelous,
invasive of another's privacy (including bodily privacy), abusive,
threatening, harmful, vulgar, pornographic, paedophilic, harmful
to children, obscene, racially or ethnically objectionable, or is
otherwise objectionable, offends religious sentiments, promotes
racism, contains viruses or malicious code, or that which
infringes or may infringe intellectual property or other rights of
another. You agree not to use the Services for the transmission of
"junk mail", "spam", "chain letters", “phishing” or unsolicited
mass distribution of email. We reserve the right to terminate your
access to the Services if there are reasonable grounds to believe
that you have used the Services for any illegal or unauthorized
activity.
Third party Applications
IMESH platform integrates with many third party applications
(hereinafter "Third Party Application(s)"). Access and use of the
Third Party Applications may require acceptance of terms of
service and privacy policies applicable to such Third Party
Applications (hereinafter "Third Party Terms"). You are
responsible for reading and understanding the Third Party Terms
before accessing or using any Third Party Application. You
acknowledge and agree that IMESH is not liable for any Third Party
Applications. While we will try to provide you with advance
notice, whenever reasonably possible, you acknowledge and agree
that IMESH may, at any time and in our sole discretion, and
without any notice to you, suspend, restrict or disable access to
or remove from IMESH platform, any Third Party Application,
without any liability to you, including without limitation for any
loss of profits, revenue, data, goodwill or other intangible
losses.
Fees and Payments
The Services are available under subscription plans of various
durations. Payments for subscription plans of duration of less
than a year can be made only by Credit Card. Your subscription
will be automatically renewed at the end of each subscription
period unless you downgrade your paid subscription plan to a free
plan or inform us that you do not wish to renew the subscription.
At the time of automatic renewal, the subscription fee will be
charged to the Credit Card last used by you. We provide you the
option of changing the details if you would like the payment for
the renewal to be made through a different Credit Card. If you do
not wish to renew the subscription, you must inform us at least
seven days prior to the renewal date. If you have not downgraded
to a free plan and if you have not informed us that you do not
wish to renew the subscription, you will be presumed to have
authorized IMESH to charge the subscription fee to the Credit Card
last used by you.
From time to time, we may change the price of any Service or
charge for use of Services that are currently available free of
charge. Any increase in charges will not apply until the expiry of
your then current billing cycle. You will not be charged for using
any Service unless you have opted for a paid subscription plan.
In the event any tax such as GST, VAT, sales tax or the like is
chargeable by IMESH in accordance with any local, state,
provincial or foreign laws with respect to your subscription to
our Services ("Taxes"), IMESH will invoice you for such Taxes. You
agree to pay IMESH such Taxes in addition to the subscription
fees. IMESH shall provide you with an invoice in the format
prescribed by the applicable local, state, provincial or foreign
laws to help you avail the applicable input tax credit for the
Taxes so paid.
Organization Accounts and Administrators
When you sign up for an account for your organization you may
specify one or more administrators. The administrators will have
the right to configure the Services based on your requirements and
manage end users in your organization account. If your
organization account is created and configured on your behalf by a
third party, it is likely that such third party has assumed
administrator role for your organization. Make sure that you enter
into a suitable agreement with such a third party specifying such
party’s roles and restrictions as an administrator of your
organization account.
You are responsible for (i) ensuring confidentiality of your
organization account password, (ii) appointing competent
individuals as administrators for managing your organization
account, and (iii) ensuring that all activities that occur in
connection with your organization account comply with this
Agreement. You understand that IMESH is not responsible for
account administration and internal management of the Services for
you.
You are responsible for taking necessary steps for ensuring that
your organization does not lose control of the administrator
accounts. You may specify a process to be followed for recovering
control in the event of such loss of control of the administrator
accounts by sending an email to
contact@imesh.ai, provided
that the process is acceptable to IMESH. In the absence of any
specified administrator account recovery process, IMESH may
provide control of an administrator account to an individual
providing proof satisfactory to IMESH demonstrating authorization
to act on behalf of the organization. You agree not to hold IMESH
liable for the consequences of any action taken by IMESH in good
faith in this regard.
Personal Information and Privacy
Personal information you provide to IMESH through the Service is
governed by our declared privacy policy. Your election to use the
Service indicates your acceptance of the terms of the privacy
policy. You are responsible for maintaining confidentiality of
your username, password and other sensitive information. You are
responsible for all activities that occur in your user account and
you agree to inform us immediately of any unauthorized use of your
user account by email to support@imesh.ai, We are
not responsible for any loss or damage to you or to any third
party incurred as a result of any unauthorized access and/or use
of your user account, or otherwise.
Communications from IMESH
The Service may include certain communications from IMESH, such as
service announcements, administrative messages and newsletters.
You understand that these communications shall be considered part
of using the Services. As part of our policy to provide you total
privacy, we also provide you the option of opting out from
receiving newsletters from us. However, you will not be able to
opt-out from receiving service announcements and administrative
messages.
Complaints
If we receive a complaint from any person with respect to your
activities as part of use of the Services (other than where the
grievance redressal mechanism provided under the head "Grievance
Redressal" applies), we will forward the complaint to the primary
email address of your user account. You must respond to the
complainant directly within 10 days of receiving the complaint
forwarded by us and copy IMESH in the communication. If you do not
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 for enabling the complainant to take legal action
against you. You understand that your failure to respond to the
forwarded complaint within the 10 days’ time limit will be
construed as your consent to disclosure of your name and contact
information by IMESH to the complainant.
Grievance Redressal
In case of any grievance, the term as defined under Information
Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules 2021, you can send an email at
contact@imesh.ai, or call us
at +91-9067009906.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are
inactive for a continuous period of 120 days. In the event of such
termination, all data associated with such a user account will be
deleted. We will provide you prior notice of such termination and
option to back-up your data. The data deletion policy may be
implemented with respect to any or all of the Services. Each
Service will be considered an independent and separate service for
the purpose of calculating the period of inactivity. In other
words, activity in one of the Services is not sufficient to keep
your user account in another Service active. In case of accounts
with more than one user, if at least one of the users is active,
the account will not be considered inactive.
Hosting Location
The location of the cloud facility from which you are served
depends on the mapping of your region/country to the available
cloud facilities at the time of your sign-up. We may migrate your
account or require you to migrate your account to a different
cloud facility in the event of any updates to the region/country
to cloud facility mapping at any point of time. You must not mask
your internet protocol (IP) address at the time of sign-up since
your region/country is determined based on your IP address. If, at
any time, your actual region/country is found to be different from
the region/country in our records, IMESH may take appropriate
action such as migrate your account or require you to migrate your
account to the cloud facility corresponding to your
region/country, or close your account and deny the Service to you.
If you are served from a cloud facility outside your
region/country and an IMESH group entity has an office in your
region/country, apart from storing the data in the cloud facility
assigned to you, we may store a local copy of the data in your
region/country.
Data Ownership
We respect your right to ownership of content created or stored by
you. You own the content created or stored by you. Unless
specifically permitted by you, your use of the Services does not
grant IMESH the license to use, reproduce, adapt, modify, publish
or distribute the content created by you or stored in your user
account for IMESH’s commercial, marketing or any similar purpose.
But you grant IMESH permission to access, copy, distribute, store,
transmit, reformat, publicly display and publicly perform the
content of your user account solely as required for the purpose of
providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of
the Services or otherwise. However, you shall be solely
responsible for such content and the consequences of its
transmission or publication. If you are a publisher of news and
current affairs content as defined under Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules
2021, you shall furnish details to the Ministry of Information and
Broadcasting as required by rule 18. Any content made public will
be publicly accessible through the internet and may be crawled and
indexed by search engines. You are responsible for ensuring that
you do not accidentally make any private content publicly
available. Any content that you may receive from other users of
the Services, is provided to you AS IS for your information and
personal use 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
express written consent of the person who owns the rights to such
content. In the course of using any of the Services, if you come
across any content with 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 the case may be. By
making any copyrighted/copyrightable content available on any of
the Services you affirm that you have the consent, authorization
or permission, as the case may be from every person who may claim
any rights in such content to make such content available in such
manner. Further, by making any content available in the manner
aforementioned, you expressly agree that IMESH will have the right
to block access to or remove such content made available by you if
IMESH receives complaints concerning any illegality or
infringement of third party rights in such content. By using any
of the Services and transmitting or publishing any content using
such Service, you expressly consent to determination of questions
of illegality or infringement of third party rights in such
content by the agent designated by IMESH for this purpose.
Sample files and Applications
IMESH may provide sample files and applications for the purpose of
demonstrating the possibility of using the Services effectively
for specific purposes. The information contained in any such
sample files and applications consists of random data. IMESH makes
no warranty, either express or implied, as to the accuracy,
usefulness, completeness or reliability of the information or the
sample files and applications.
Trademark
IMESH, IMESH’s logo, the names of individual Services and their
logos are trademarks of IMESH INC. You agree not to display or
use, in any manner, the IMESH trademarks, without IMESH’s prior
permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS
AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN
AS-IS-AND-AS-AVAILABLE BASIS. IMESH EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IMESH MAKES NO WARRANTY THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE
OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE
SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE
TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF
THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM IMESH,
ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU AGREE THAT IMESH SHALL, IN NO EVENT, BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS
INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF
OR INABILITY TO USE THE SERVICE, EVEN IF IMESH HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL IMESH‘s ENTIRE
LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR
INDIRECT, EXCEED FIFTY THOUSAND RUPEES (₹ 50,000) OR THE FEES PAID
BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT
GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.
Indemnification
You agree to indemnify and hold harmless IMESH, its officers,
directors, employees, suppliers, and affiliates, from and against
any losses, damages, fines and expenses (including attorney's fees
and costs) arising out of or relating to any claims that you have
used the Services in violation of another party's rights, in
violation of any law, in violations of any provisions of the
Agreement , or any other claim related to your use of the
Services, except where such use is authorized by IMESH.
Governing law and Jurisdiction
Any controversy or claim arising out of or relating to the Terms
shall be settled and adjudicated exclusively by the courts of
Chennai in accordance with the laws of India without regard to
conflict of law principles.
Suspension and Termination
We may suspend your user account or temporarily disable access to
the whole or part of any Service in the event of any suspected
illegal activity, extended periods of inactivity or requests by
law enforcement or other government agencies. Objections to
suspension or disabling of user accounts should be made to
contact@imesh.ai, within
thirty days of being notified about the suspension. We may
terminate a suspended or disabled user account after thirty days.
We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account
and deny the Services upon reasonable belief that you have
violated the Agreement and to terminate your access to any Beta
Service in case of unexpected technical issues or discontinuation
of the Beta Service. You have the right to terminate your user
account if IMESH breaches its obligations under this Agreement and
in such event, you will be entitled to a prorated refund of any
prepaid fees. Termination of user account will include denial of
access to all Services, deletion of information in your user
account such as your email address and password and deletion of
all data in your user account.
Modification of terms of Service
We may modify this Agreement upon notice to you at any time
through a service announcement or by sending email to your primary
email address. If we make significant changes to the Agreement
that affect your rights, you will be provided with at least 30
days advance notice of the changes by email to your primary email
address. You may terminate your use of the Services by providing
IMESH notice by email within 30 days of being notified of the
availability of the modified Agreement if the Agreement is
modified in a manner that substantially affects your rights in
connection with use of the Services. In the event of such
termination, you will be entitled to a prorated refund of the
unused portion of any prepaid fees. Your continued use of the
Service after the effective date of any change to the Agreement
will be deemed to be your agreement to the modified Agreement.
End of Terms of Service
If you have any questions or concerns regarding this Agreement,
please contact us at
contact@imesh.ai