These Terms of Service constitute an ‘electronic record’ within the meaning of the applicable law (including the Information Technology Act, 2000) and is generated by a computer system and does not require any physical or digital signatures
This Terms of Service (the “ToS” or “Agreement”) applies with respect to the usage of the Platform (defined hereinafter) and the services availed through the Platform (“Quixy Service(s)”) offered by VIVIDMINDS TECHNOLOGIES PVT. LTD. (the “Company”), a company incorporated under the Indian Companies Act,2013 and having its registered office at H.No.8-2-293/82/A/379 & 379/A, 1st Floor Plot No. 379, Road No.10, Jubilee Hills, Hyderabad – 500033, Telangana, India.
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THIS TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
i. Definitions and Interpretation
- “Platform” shall mean the website www.quixy.com (the “Website”), dashboard, and any other platform which may allow you to access and/or use the Quixy Services via any other device/medium;
- “Company,” “we,” “us,” or “our” includes any other companies that are the Company’s subsidiaries and affiliates.
- “Quixy Content” means and includes all ideas, concepts, inventions, systems, platforms, software, interfaces, tools, utilities, templates, forms, techniques, design formats, methods, processes, algorithms, know-how, trade secrets, Documentation, Report Templates, Quixy Code, and other technologies and information acquired, created, developed or licensed independently by us, prior to or outside the scope of this ToS and any improvement, modification, extension or other derivative works thereof and all intellectual property rights thereto. Quixy Content excludes all Customer Data;
- “Customer Data” means all electronic data, information, or other content submitted or provided by or on behalf of a Customer to be stored, collected or processed by us in connection with a Customer’s authorised use of the Quixy Services;
- “Documentation” means the Quixy User Manual and any other user documentation regarding the Quixy Service that is provided or made available by us to a Customer in electronic or other form;
- “Report Template” means the content, formatting, look and feel of the templates used for the reports, charts, graphs and other presentation in which the Customer Data (whether in the form of raw data or in an analysed format) are provided to the Customer (whether on a Platform or as exported data). It is hereby clarified that any and all data contained in any Report Templates provided by us shall fall within the purview of Customer Data, and the Company shall have no title, rights, ownership or obligations with respect to the same;
- “Quixy Libraries” or “Quixy Code” shall mean the code developed, owned, maintained and provided by us and accessed/used by the Customer for the purposes of accessing and using the Quixy Services;
- “You” or “Customer” shall mean any customer of the Company, or its representatives or affiliates (as applicable) who is permitted to use the Quixy Services. If you are accepting this Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement or any other terms and conditions, in which case the terms “you” or “your” shall refer to such entity.
ii. Updation of Terms
These ToS may be updated, amended, modified or revised by us from time to time. Each such updation or modification to the ToS will be communicated to you via email, through the Website or any other medium. Your continued use of the Quixy Service after any such changes shall constitute your consent to such changes. As a best practice, we encourage you to refer to these ToS from time to time to ensure that you are aware of any additions, revisions, amendments or modifications that we may have made.
iii. Service(s) provided to Customers
- The Company provides a software as a web service, also referred to as cloud service, named Quixy (hereinafter referred as “Service”, “Quixy Service”, “Quixy Services” or “Services”).The Company reserves the right, in its sole discretion, to add, change, suspend, or discontinue all or any part of the Quixy Services at any time. Your continued use of Quixy Services following the posting of any changes to the same (including the addition or removal of features) constitutes your acceptance of those changes. Any information you provide to us for the purposes of registering and setting up your account (as specified below) shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on your account (including those of other authorised to access and operate your account) and for maintaining the security of your account and any information you input. We are not responsible for the accuracy or legitimacy of any information, data, or Customer Data uploaded, posted, or downloaded by you or any of your employees/agents on the Platform during your usage of the services. For the purposes of clarity, as long as your account is accessed with the correct username and password and unless you notify us of any unauthorised access, the Company is not and will not be responsible for verifying the nature of the individual/entity accessing your account, including if that person exports/downloads any Customer Data, and then shares the same with any third-party.
iv. Registration and Account Integrity
- It is your responsibility to ensure that the information you provide is accurate, secure, and not misleading. You cannot create an account username and password using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate.
v. Use of Your Information and Content
- While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to our Customers, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the Customer Data to be permanently deleted, irretrievable, or temporarily inaccessible.
vi. Third Party Services
- We use multiple third-party service providers in order to power and provide you with the Quixy Services. In this process, we share the Customer Data with some of the third-party service providers, as is necessary to enable them to provide the requisite services. We will attempt to ensure that all our third-party service providers are bound by and adhere to the same obligations of confidentiality and data privacy as we guarantee to you.
- Quixy platform is designed to be host on any cloud or on-premises. Said that, Quixy supports both SaaS and On-premises. For all clients on SaaS, we provide the default hosting services on DC AWS Mumbai AP south 1 (Primary Site) and DR on AWS Virginia, U.S.
vii. Rules and Conduct
- As a condition of use, you promise not to use the Quixy Service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. The Quixy Service and Quixy Data is provided only for your own personal, non-commercial use.
- By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity
- Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the services; (iii) bypass any measures we may use to prevent or restrict access to the Quixy Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Quixy Services or the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
viii. Content Ownership and Copyright Conditions of Access
- Your copying, distributing, displaying, reproducing, modifying, or in any other way using of the Quixy Content in any manner not specified in these ToS, will be a violation of copyright and other intellectual property rights and Company reserves its rights under applicable law accordingly. We reserve all rights, title, and ownership in and to the Quixy Content.
- You will at all times remain the complete owner and retain all rights and title in and to the Customer Data. This includes assuming liability and responsibility in cases where the Customer Data breaches any conditions of confidentiality, any intellectual property rights, or any other third-party rights. By posting any Customer Data through the Quixy Services, you grant the Company and its affiliates, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, modify, translate, display, sell, create derivative works and distribute such Customer Data for or in connection with the use of the Quixy Services.
ix. Reviews and Feedback
- You agree that we may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Platform or Quixy; and/or
- Resolving any complaints, information, or queries received from you regarding the same.
- Any feedback provided by you may be used by the Company without any restriction or obligation to compensate you, and we are under no obligation to keep such feedback confidential.
x. Rights and Obligation relating to the Content
- You are prohibited from :
- violating or attempting to violate the integrity or security of the Platform or any content there of;
- transmitting any information (including messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of our services;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots etc.) to navigate or search the Platform;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
- copying or duplicating in any manner any of the Quixy Content or other information available from the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- You shall not to host, display, upload, modify, publish, transmit, update or share any information/content that-
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge in writing or through email about any breach of the above conditions, may temporarily suspend/delete your account, impose penalties, or take any other actions that the Company may deem fit. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes or as may be required by applicable law.
- In case of non-compliance with any applicable laws, rules or regulations, or this ToS by a Customer, we shall have the right to immediately terminate your access or usage rights to the Platform and to remove non-compliant information from the same.
The Company offers online support tools. You may access support resources or contact our support by emailing at [email protected]. The Company shall use commercially reasonable best efforts to respond to your request for support, or to fix any problems you may be having, as is applicable. Any suggestions by the Company to you regarding use of Quixy/the Platform shall not be construed as a warranty.
- The Company reserves the right to suspend or terminate your access to the Platform and the services with or without notice and to exercise any other remedy available under law, in cases where,
- You are in breach of any terms and conditions of this ToS;
- The Company is unable to verify or authenticate any information provided to Company by you; or
- The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part;
- Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Platform under the same account, a different account or re-register under a new account. The Company may destroy and/or delete all the data and other information related to your account as per its discretion. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.
THE QUIXY SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE QUIXY SERVICES AND THE PLATFORM WILL BE SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. THE QUIXY SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOUR USE OF THE PLATFORM AND THE QUIXY SERVICES IS SOLELY AT YOUR OWN RISK.
xv. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE QUIXY SERVICE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF Thousand Rupees (INR 1,000/-); OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
xvi. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the ToS or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India and you hereby accede to and accept the jurisdiction of such courts.
If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. Any failure by the Company to enforce any right or failure to act with respect to any breach by you under the ToS shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of or failure to comply with any other provision of the ToS, unless any such waiver has been consented to by us in writing. The ToS are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
In the event you have any queries/complaints regarding usage of the Platform, including but not limited to reporting any violation of these Terms of Service, please contact our Grievance Officer, Address: H.No.8-2-293/82/A/379 & 379/A, 1st Floor Plot No. 379, Road No.10, Jubilee Hills, Hyderabad – 500033, Telangana, India, Phone No: +91 8978672700, [email protected]. The complaints will be redressed in the manner provided under the Information Technology Act, 2000 and rules framed thereunder.