Terms of Services

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Terms of Services

PLEASE READ THE FOLLOWING TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE USING ANY EREVIVE SERVICE. THE USE OF ANY EREVIVE SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST NOT PROCEED WITH THE SERVICES. WE MAY CHANGE THESE TERMS AT ANY TIME BY POSTING CHANGES ON OUR WEBSITE AND SUCH CHANGES SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS OF SUCH POSTING. PLEASE REVIEW THESE TERMS REGULARLY TO ENSURE YOU ARE AWARE OF THESE CHANGES. YOUR CONTINUED USE OF THE SERVICES AFTER THE EXPIRY OF THE 30-DAY PERIOD SHALL CONSTITUTE ACCEPTANCE TO THE CHANGES.

Purpose of Agreement

The Services are made available to you by Erevive Technologies Private Limited (CIN – U72900MH2020PTC337995), a company incorporated in India with its registered office situated at 1701, Kent Gardens CHS. LTD. Factory Lane, Borivali (West) Near M K College, Mumbai, Maharashtra – 400092 and/or any of its affiliates (“hereinafter referred to as “We” or “Erevive”) subject to the following Terms. Erevive may also offer other services under different terms of service. Services are made available by Erevive only to persons who are above 18 years of age. By using the services, you represent that you are 18 years or older.

Definitions

“Affiliate(s)“means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
” Agreement” means this Terms and Conditions agreement.
” Documentation” means the information made available by Erevive regarding the Service, including user guides; help files; tutorials including written, audio and video; policies; procedures; and other information made available by Erevive regarding the Service(s), as updated from time to time.
” Erevive“, ” We’ , ” Us“, ” Our” shall have the meaning assigned in the Introduction above.
” Privacy Policy” shall have the meaning assigned to it in the Introduction above.
” Subscriber” means a User that has an active paid subscription for a Service. For clarification, the following are not included in active paid subscriptions: Trial; Services provided for no charge; and subscriptions or Service(s) that have not been paid for, not renewed, expired, terminated or discontinued.
” Service“, “Service(s)“, ” Services” shall have the meaning assigned in the Introduction above.
” Terms” means this Terms and Conditions agreement.
” Website” means erevivetechnologies.com or such other website owned and/or operated by Erevive that refers to this Agreement.
” You“, ” Your“, ” User“, ” Customer” shall have the meaning assigned in the Introduction above.

Description of Service

Erevive provides users with access to an array of services for collaboration and management including but not limited to Open source ERP Software, other Licence Software, office suite, Configuration, implementation, training, integration and customization of software (the “Services”). You may connect to the online Services using recommanded Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You may create, edit, publish and share the contents of your Erevive Accounts (“Account”). Erevive will not be responsible for notifying you of any upgrades, fixes or enhancements to any such software, or for any compromise of data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet), which are not owned or operated by Erevive. Erevive also assumes no responsibility for the reliability or performance of any connections as described in this section.

Entire Agreement

These Terms shall be read together with the terms, instructions and specifications specified in our purchase orders, quotations, proposals and/or other separate agreements entered into with Erevive and/or its affiliates (the “Agreement”). These Terms and the Agreement shall, unless otherwise expressly consented or agreed to by us, constitute the entire agreement between the parties hereto in relation to such Services.

In the event of any conflict between these Terms and the Agreement, the Services shall be subject to the terms and conditions contained in the Agreement which shall prevail and supersede any inconsistent terms and conditions contained in these Terms or elsewhere.

Subscription Period

A User’s subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, the terms of service automatically continue if User continues to pay the subscription fee, or such fees are payable, in accordance with the pricing plan. User may choose to terminate the subscription at any time by sending an email to sales@erevivetechnologies.com. User must pay fees up to the full duration for User has subscribed.

Acceptance of Subscription to Service

Your Subscription to Erevive starts at the time of your acceptance to these Terms of Service. The billing for this subscription shall start with the subscription. You agree to start using the Erevive Services with this acceptance and Erevive shall start billing for the subscription from this day of acceptance.

Subscription to Beta Service

Erevive may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. Erevive shall have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. Erevive shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Services as commercial service. Erevive reserves the right to modify or 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 Erevive shall 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.

Switching Plans

Erevive currently offers several Plans with varying features and fee schedules, as well as multiple add-on services that User can choose to opt into for additional fees, unless otherwise stated. User may request to change User’s Plan by sending an email to sales@erevivetechnologies.com.

If User chooses to upgrade from User’s current Plan (the “Current Plan”) to a more expensive Plan (the “New Upgrade Plan”), then such upgrade will promptly go into effect, and User will begin receiving access to the features and Services available under the New Upgrade Plan at the time of such upgrade. The fee schedule for the New Upgrade Plan will be applied to User’s Plan charge for remaining duration of the month/year in which User upgraded and for each month/year thereafter for so long as User is subscribed to the New Upgrade Plan.

If User chooses to downgrade from User’s Current Plan to a less expensive Plan (the “New Downgrade Plan”), then the downgrade will not go into effect until the beginning of the next month/year. User will still receive access to the features and Services available with User’s Current Plan until the end of the next month/year. After the downgrade month/year, User will lose access to some of the features and Services available with User’s Current Plan and will only have access to the features and Services available under User’s New Downgrade Plan. The fee schedule for the New Downgrade Plan will be applied to User’s Plan charge for the next month/year and for each month/year thereafter for so long as User is subscribed to the New Downgrade Plan.

No refunds

No refunds are issued on a User’s termination of a subscription or service or Erevive terminates service.

Retention of your data

Erevive will retain Your data for a minimum period of 30 days from the date of termination of this Agreement, during which time it may be available for You to download. After this period of 30 days from the date of termination of the Agreement, Erevive may delete Your data without prior notice and without assigning any reason. You shall be the sole liable party for any damage or loss incurred by You or a third party as a result of destruction or loss of access to such data.

Modifications

Erevive reserves the right to discontinue offering all or any part of the Services at the conclusion of your then current subscription term for such Services. Erevive shall not be liable to you nor to any third party for any modification of the Services as described in this section. These modifications may include, without limitation, payment for the Services. You agree that unless explicitly stated otherwise, any new features that augment or enhance the Services, and/or any new service(s) subsequently procured by you will also be subject to these Terms.

Services usage/procurement Obligations

In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself or/and your company (the “Registration Data”); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. You will also choose a password and a user name. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify Erevive without delay of any unauthorized use of your account or any other breach of security. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Erevive has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Erevive has the right to terminate your Services and refuse current or future use of any or all of the Services.

Access and Use of Service

Usage Limits. Erevive may, at its sole discretion and without any notification, place reasonable technical or non-technical limitations on the use of the Service(s) by Customer, regardless of whether or not such limitations are communicated to Customer, including but not limited to allocation of storage space, bandwidth, computing power, backup space or any other limitation mentioned in Documentation or as specified in the Service. Erevive may, at its sole discretion and without any notification, change such usage limits from time to time.
Service Availability. We will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
Date of publication. Materials should only be considered current as of the date of initial publication appearing thereon, without regard to the date on which you may access the information.
Accuracy and Reliability of Information. The information, material or services included in or available through this site may include inaccuracies or typographical errors. Advice received via this site should not be relied upon for personal, medical, legal or financial decisions.
Third Party Content. The Website or Service may include content posted or made available by third parties. You specifically agree that Erevive is not responsible for any content sent using, posted on and/or otherwise made available on the Website or Service by any third party.
Shared Hosting. Your account may be hosted on a server shared with other customers, though each customer will have a separate database, folder, and authentication files. Such server may be hosted by Erevive or by a third party.
Dedicated Hosting. If You frequently encounter usage limits as specified above, You may choose to move to a server that is not shared with other customers. If You choose to move to a dedicated server, Erevive may, at its sole discretion, assist Subscriber in shifting from Subscriber’s current shared hosting under this Agreement to a dedicated server at additional cost for such assistance. Unless explicitly provided otherwise in applicable Order Term(s), You shall be solely responsible to bear all costs associated with such dedicated servers, including but not limited to hosting, bandwidth and hardware costs, among others. You may choose to rent and set up the server yourself, or You may ask Us to do so at Your expense. If You choose to set up the server yourself, We will require access to the server via SSH with superuser rights to set up Your account.
Usage Limits. Erevive may, at its sole discretion and without any notification, place reasonable technical or non-technical limitations on the use of the Service(s) by Customer, regardless of whether or not such limitations are communicated to Customer, including but not limited to allocation of storage space, bandwidth, computing power, backup space or any other limitation mentioned in Documentation or as specified in the Service. Erevive may, at its sole discretion and without any notification, change such usage limits from time to time.
Service Availability. We will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
Date of publication. Materials should only be considered current as of the date of initial publication appearing thereon, without regard to the date on which you may access the information.
Accuracy and Reliability of Information. The information, material or services included in or available through this site may include inaccuracies or typographical errors. Advice received via this site should not be relied upon for personal, medical, legal or financial decisions.
Third Party Content. The Website or Service may include content posted or made available by third parties. You specifically agree that Erevive is not responsible for any content sent using, posted on and/or otherwise made available on the Website or Service by any third party.
Shared Hosting. Your account may be hosted on a server shared with other customers, though each customer will have a separate database, folder, and authentication files. Such server may be hosted by Erevive or by a third party.
Dedicated Hosting. If You frequently encounter usage limits as specified above, You may choose to move to a server that is not shared with other customers. If You choose to move to a dedicated server, Erevive may, at its sole discretion, assist Subscriber in shifting from Subscriber’s current shared hosting under this Agreement to a dedicated server at additional cost for such assistance. Unless explicitly provided otherwise in applicable Order Term(s), You shall be solely responsible to bear all costs associated with such dedicated servers, including but not limited to hosting, bandwidth and hardware costs, among others. You may choose to rent and set up the server yourself, or You may ask Us to do so at Your expense. If You choose to set up the server yourself, We will require access to the server via SSH with superuser rights to set up Your account.

Customer Responsibilities

Accounts. You may be required to create an account in order to access and use certain features of the Service. If You choose to create such an account, You agree to provide and maintain true, accurate, current and complete information about You. You are responsible for maintaining the confidentiality of Your password and account, if any, and are fully responsible for any activity that occurs under Your account. You agree to immediately notify Erevive of any unauthorized use of Your password or account or any other breach of security.
Timely Payments. You must make all payments in a timely manner.
Legality of Your Use.Erevive is a service provider that provides tools and a platform for Your use. You shall be the sole responsible party to ensure that Your use of the Service(s) complies with all applicable laws, and third-party privacy and intellectual property rights. Erevive may remove any information in violation of this clause at any time without prior notification and without assigning any reason. In particular, You shall not host, display, upload, modify, publish, transmit, update or share any information that
1. belongs to another person and to which You do not have any right to;
2. 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;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law, rules or regulations for the time being in force in or outside India;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. 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 insulting any other nation;
10. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file, text, information or data that is uploaded or otherwise provided by You;
11. consists of commercial solicitation, mass messaging, political campaigning or any form of spam; and/or
12. is likely to cause annoyance, inconvenience or needless anxiety.
Sublicensing. Unless explicitly permitted otherwise by Erevive in writing, You shall not sell, resell, license, sublicense, distribute, make available, rent or lease any Service or content. You shall not frame or mirror any part of any Service or content, other than framing on Your own intranet or otherwise for Your internal business purposes or as permitted explicitly in the Documentation.
Misuse of Services. You must not misuse Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by Erevive. You must not attempt, permit or undertake direct or indirect access to or use of any Services or content in a way that circumvents a contractual usage limit, or use any Services to access or use any of Erevive’s intellectual property except as permitted under these Terms or the Documentation.
Misuse, Abusive Use and Excessive Use. You shall not undertake, permit others to undertake, promote undertaking, or otherwise engage in any of the following:
1. imposing an unreasonable or disproportionately large load on the Service of the infrastructure of the Service (for example, by way of querying an API at a higher rate than sustainable);
2. abusive or excessive usage of the Services or the infrastructure of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users;
3. misuse Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by Erevive;
4. attempt, permit or undertake direct or indirect access to or use of any Service to access or use any of Erevive’s intellectual property except as permitted under these Terms or Documentation;
5. abuse support services by seeking support beyond the support provided under these Terms.
6. intentionally cause errors or issues to seek support;
7. seek support for issues that are not related to the Services provided under these Terms (for example, seeking support for learning general accounting practices or business processes);
8. share a user account between multiple people;
9. repeatedly enable and disable user account(s) to artificially reduce the number of users;
10. customization support request, such as debugging custom scripts and/or support for new feature customization. Technical support is not a part of the standard support offering and can be purchased separately; and/or
11. requesting support for processing and/or correction of data that was erroneously entered by You or Your users (for example, incorrect accounting entries/bookings, and stock transactions such as not checking serial/batch entries).
Information Extraction. You shall not, without explicit prior written authorization from Erevive specifically permitting such an action, perform reverse look-up, trace or seek to trace any information on any other User or Customer of Erevive, including any account on any of our or third-party servers not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by Erevive.
Fraudulent or Unlawful Behaviour. You agree not to use the Service for fraudulent purposes, or in connection with criminal offense or other unlawful activity. Erevive reserves the right to undertake any civil or criminal action for breach of this clause.
Scanning for Vulnerabilities. We believe in the value of being open and transparent regarding the security of our Services. We value and appreciate Your help in improving Our security. Vulnerability reports submitted in the past by users such as You have helped Us improve security for everyone. Any and all vulnerability scans by You or any third-party on Your behalf must comply strictly with the policy on Reporting Security Vulnerabilities as provided in the Introduction above. In particular, You agree not to: (i) scan or probe the Website or any Service for any vulnerability or bug for any purpose other than the purposes provided in the policy on Reporting Security Vulnerabilities; and/or (ii) use any vulnerability or bug found by you for any purpose other than reporting such bug to Us for improving the security of the Website and Service(s).
Customer Responsible for Backups. You are solely responsible for ensuring that backups are setup correctly and are safe. You understand that Erevive can only recover or restore Your data or applications from backups created prior to the occurrence of any incident. In the absence of availability of such a backup, Erevive cannot help You in restoring or recovering any data or information. Erevive shall not be liable for any damaged, corrupt or missing backup, or lack of backup. Customer should download and maintain offline copies of backups to ensure their safety, security and integrity.
Compliance with the Terms. You shall be the sole responsible party for Your compliance with these Terms.
Legal Action by Erevive. Erevive reserves the right to initiate and/or undertake any civil and/or criminal action for breach of this Section on Customer Responsibilities, and in particular “Legality of Your Use”, “Personal Use”, “Misuse of Services”, “Abusive or Excessive Use”, “Information Extraction”, “Fraudulent or Unlawful Behaviour”, “Scanning for Vulnerabilities” and “No Reverse Engineering”.

Personal Data and Privacy

Personal data you provide to Erevive through the Services is governed by the Erevive Privacy Policy (the “Privacy Policy”).

Your election to use the Service indicates your acceptance of the terms of the Privacy Policy. Erevive and It’s affiliates may record the date, time and duration of your visit to the Erevive website (the “Website”) as well as your IP address. Erevive may use such information to generate data on visits to the Website for evaluative purposes. While Erevive has taken all reasonable steps to ensure that your personal data is secured, third party cookies may also be used on the Website and by accessing the Website, you agree that Erevive can place cookies on your device. For further details of the Privacy Policy, please visit privacy-policy.

You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all electronic communications, including those containing business information, account registration, account holder information, financial information, customer data, and all other data of any kind contained within emails or otherwise entered electronically through the Services or under your account and you agree to notify Erevive immediately of any unauthorized use of your Account at sales@erevivetechnologies.com and of any loss or theft or unauthorized use of any User’s password or name and/or account numbers. Erevive will act as though any electronic communications it receives under your passwords, user name, and/or account number are duly authorized and have been sent by you and is in no way 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 Account, or otherwise.

Erevive reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request.

Communications from Erevive

The Service may include certain communications from Erevive, 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 Privacy Policy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing effective service to you.

Fees and Payments

Erevive reserves the right at any time to change or modify fees for access to portions or whole of any or all of the Services. Prices, payment terms and currency shall be those specified in the Agreement. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Erevive requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your Services before such charges are imposed. If you elect not to pay such fees, Erevive shall have the right to cease providing such Service to you.

No Chargeback. Chargebacks are strictly prohibited under these Terms. You understand that initiation of a chargeback for a payment already made may result in suspension or termination of this Agreement, Your account, or the Service. Erevive reserves the right to undertake any action permitted under these Terms or under any applicable law(s).
Taxes, charges and fees. You shall be responsible for payment of all fees/costs/charges associated with the placement of any order for a product or service from Us and You agree to bear any and all applicable taxes, charges and fees including but not limited to any form of sales tax, use tax, value added tax, service tax, research & development tax, import or export tax, or any other form of taxation, duties and cesses, payment gateway charges, etc. You agree to pay all such taxes, charges and fees without withholding or deduction.
1. If You are not an Indian Customer and You are required to withhold or deduct any taxes from Support Fee, then You agree to increase the amount payable to Erevive by the amount of such taxes so that Erevive receives the full amount of fees or payments.
2. If You are an Indian Customer and You are required to withhold or deduct any taxes, then You must notify the same to Erevive and wait for Erevive’s approval prior to placing any order for a product or service. Erevive reserves the right to request for more information, request for proof of deduction or payment, or deny any approval under this clause.
Limitations on Transactions. Erevive may, in its sole discretion and without prior notification to You, impose limits on the number of transactions or transaction price received from a single Customer or payment method.

Restriction of Use

In addition to all other terms and conditions of this Agreement, you shall not:
(i) transfer or otherwise make available to any third party the Services;
(ii) provide any service based on the Services without prior written permission;
(iii) use the third party links to sites without agreeing to their website terms and conditions;
(iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or
(v) use the Services for spamming and other illegal purposes.

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, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services in any manner that could damage, disable, overburden, or impair any Erevive server, or the network(s) connected to any Erevive server, or interfere with any other party’s use and enjoyment of any Services. You agree not to attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Erevive server or to any of the Services, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree not to use the Services in a way that infringes rights of third parties, including, but not limited to, wilfully harming a person or entity, including Erevive. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email. Erevive reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, where there is reasonable justification to do so and to terminate your access to the Services if Erevive believes that you have used the Services for any illegal or unauthorized activity.

Except as permitted by this Agreement, no part of the Services may be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means. You agree not to access the Services by any means other than through the interfaces that are recommended by Erevive. You shall not do any “mirroring” or “framing” of any part of the Service, or create Internet links to the Services which include log-in information, user names, passwords, and/or secure cookies.

Third Party Applications

Erevive does not warrant that any third-party applications or services (‘Third Party Applications”), regardless of whether or not such Third-Party Applications are provided by a third party that is a member of a Erevive partner program or otherwise designated by Erevive as “certified,” “approved” or “recommended.” Any procurement by you of any Third-Party Applications or services is solely between you and the applicable third-party provider.

Erevive is not responsible for any other aspect of such Third Party Applications that you may procure or connect to through the Services, or any descriptions, promises or other information related to the foregoing. Links to Third Party Websites

The Erevive website (the “Website”) may include links to third party websites that let you leave the Website. These linked sites are not under the control of Erevive and Erevive is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Erevive is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Erevive of the site. Your use of the third party website may be subject to that third party’s terms and conditions.

Third Party Rights

The Website or Service may contain links to external third-party websites, apps or services. Erevive does not guarantee, approve or endorse the information or product available on such third-party websites, apps or services, nor does a link indicate any association with or endorsement of the linked website, app or service. We do not operate or control and have no responsibility for the information, products and/or services found on any external sites. Nor do We represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchant-ability or fitness for a particular purpose. You assume complete responsibility and risk in your use of any external website, app or service. Erevive shall not be responsible for any loss or damage incurred by You while dealing with any third party. You should direct any concerns regarding any external link to the relevant website’s, app’s or service’s administrator, owner or webmaster. You are hereby informed to exercise utmost caution when visiting any third-party website, app or service.

Erevive shall not be responsible for any disclosure, modification or deletion of customer data resulting from any such access by Third Party Applications or third party providers.

Assignment

We may assign, transfer or otherwise dispose our rights and obligations under these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights under it.

Data Ownership

We respect your right to ownership of content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Erevive the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your account for Erevive’s commercial, marketing or any similar purpose.

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. 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 the such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Erevive shall have the right to block access to or remove such content made available by you, if Erevive receives complaints concerning any illegality or infringement of third party rights in such content. By using the 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 Erevive for this purpose.

For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, please contact us at sales@erevivetechnologies.com. If you wish to protest any blocking or removal of content by Erevive, please contact us at sales@erevivetechnologies.com.

Intellectual Property Rights

You agree that all rights, title and interest in and to all intellectual property rights in the Services and all modifications, extensions, customizations, scripts or other derivative works of the Services provided or developed by Erevive are owned exclusively by Erevive or its licensors. Except as provided in these Terms, the rights granted to you do not convey any rights in the Services, express or implied, or ownership in the Services or any intellectual property rights thereto. In addition, Erevive shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, including users, relating to the operation of the Service. Any rights not expressly granted herein are reserved by Erevive. Erevive, the Erevive logo, the names of different Erevive Services and their logos are trademarks of Erevive Technologies Private Limited. You agree not to display or use, in any manner, the Erevive trademarks, without Erevive’s prior permission. You agree not to display or use the Erevive marks in any manner without Erevive’s express prior written 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. EREVIVE 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. EREVIVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS 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 EREVIVE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. NOTHING IN THESE TERMS SHALL PREJUDICE ANY CONDITION OR WARRANTY EXPRESSED OR IMPLIED OR ANY LEGAL REMEDY TO WHICH WE MAY BE ENTITLED, IN RELATION TO THE SERVICES WHICH ARE THE SUBJECT OF THE AGREEMENT, BY VIRTUE OF ANY STATUTE OR CUSTOM OR ANY GENERAL LAW, LOCAL LAW OR REGULATION.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EREVIVE 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 EREVIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EREVIVE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL EREVIVE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID YOU TOWARDS SUCH SERVICE.

Indemnification

You agree to indemnify and hold harmless Erevive, 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 Terms, or any other claim related to your use of the Services.

Governing Law

These Terms shall be governed by the laws of India.

Dispute Resolution

Any disputes, controversy, claim or differences arising out of or relating to the Terms, including its existence, validity or termination (the “Dispute”), Both Parties shall make every effort to resolve all differences amicably taking into consideration the cause for which the parties have purposed to work together. In the event of any unresolved dispute the same shall be settled in accordance with the Indian The Arbitration and Conciliation (Amendment) Act, 2019 by appointing a sole arbitrator with mutual consent. The decision of the arbitrator shall be final. The parties shall bear their own individual costs and the costs of the arbitration shall be borne equally by the parties. The venue of arbitration and the seat of arbitration shall only be at Mumbai in India. The Courts at Mumbai shall have the exclusive jurisdiction to enter the award. The language of the arbitration shall be English. Erevive may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction and all users hereby waive any and all objections to all such equitable remedies.

Errors on Website

We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to Service prices, specifications, offers and availability.

Termination

You agree that Erevive may terminate your Services account and access to the Services at any time for legitimate reasons including, but not be limited to, breaches or violations of the Terms or the Privacy Policy, a request by you to terminate your membership account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies or if the Website is no longer operated by Erevive. Termination of your Services account includes elimination of access to the Services, deletion of your membership account information such as your e-mail ID and password and deletion of data in your membership account as permitted or required by law.

Severance

Should any one or more of the provisions of this Agreement be held invalid or unenforceable by a court of law, it shall be considered severed from this Agreement and shall not serve to invalidate the remaining provisions thereof. The Parties shall make a good faith effort to replace any invalid or unenforceable provision with a valid and enforceable one such that the objectives contemplated by them when entering this Agreement may be realized.

Suspension

Erevive reserves the right to suspend your access and access by any of your affiliates to and/or use of the Services for any Services accounts
(i) for which any payment is due but unpaid, whether a notice or reminder of such non-payment has been issued,
(ii) for which you have not paid for any renewal term and you have not notified Erevive of your desire to renew the Services by the date of expiry of the then current subscription term or
(iii) where the Services are being used to engage in denial of service attacks, spamming, or illegal activity, and/or use of the Services is causing immediate, material and ongoing harm to Erevive or others. The suspension is for the entire membership account and you understand that such suspension would therefore include sub-accounts, if any.

You agree that Erevive shall not be liable to you or to any of your affiliates or other third party for any suspension of the Services pursuant to this section.

Confidentiality

Definition of Confidential Information.” Confidential Information” means all information disclosed by a party (” Disclosing Party“) to the other party (” Receiving Party“), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of Erevive includes the Services and Content, and the terms and conditions of this Agreement, and all orders placed under this Agreement (including pricing), any software or documentation related to the Services, Erevive samples and templates, trade secrets, technical know-how, inventions, materials, product development plans, marketing plans, customer lists and email addresses, the know-how, proprietary strategy on communications, reports, and findings. Confidential Information of each party includes business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. For the avoidance of doubt, the non-disclosure obligations set forth in this “Confidentiality” section apply to Confidential Information exchanged between the parties under this Agreement and in connection with the evaluation of additional Erevive services.
Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. Neither party will disclose the terms of this Agreement or any order placed under this Agreement to any third party other than its Affiliates, legal counsels and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its Affiliate, legal counsels or accountants will remain responsible for such Affiliate’s, legal counsel’s or accountant’s compliance with this “Confidentiality” section. Notwithstanding the foregoing, Erevive may disclose: (a) the terms of this Agreement and any applicable Order Form to a subcontractor or Non-Erevive Application Provider to the extent necessary to perform Erevive’s obligations under this Agreement, under terms of confidentiality materially as protective as set forth herein; and (b) information in accordance with the Section on “License by Customer” above.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, including but not limited to obligations under a local, state or federal law, provided that the Receiving Party gives: (a) prior notice of the compelled disclosure to the Disclosing Party (to the extent legally permitted); and (b) reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.

Disputed Accounts/Services

Ownership of Data. In case of a paid subscription, the data is owned by the company or organisation in whose name the invoice is made out and not the account holder.
Disputes Regarding Ownership of Account. In case of dispute about ownership of the account, Customer must provide a government registered document or government registered document number (as requested by Erevive) with the name of the company/organisation and address to prove the ownership/control of the company/organisation to Erevive’s satisfaction. Erevive reserves the right to ask for a court order, and/or additional documentation and/or proof of ownership or control over the company/organisation. In case there is no government authorized registration of the company/organisation, then Erevive will not transfer the account to any other party, and the account will remain in the possession of the person that has valid credentials to access such account. If there is a government website that shows the official address and registered owners of the company/organisation and if the registered owner does not have access to the account, then Erevive will block access to the existing users and re-issue password to one user that will be sent to the registered address via post/courier.
Costs Associated with Account Disputes. All costs associated with this Section on “Disputed Accounts” must be borne by the company, organisation or person that wishes to gain access to such disputed account.
Legal Orders. If there is an ongoing legal dispute regarding any account or data, then, subject to a relevant court, government or law enforcement order, we will keep the account frozen until relevant directions are received from a court, government or law enforcement.
Loss or Deletion of Data During Dispute. In order to avoid loss or deletion of such disputed data, Erevive requests the parties to a dispute to amicably decide, at the beginning of the dispute, which party shall be responsible to pay for the disputed data and account until such a dispute is resolved. Erevive reserves the right to undertake any action permitted under these Terms, including termination of any subscription, account or this entire Agreement, for non-receipt of any subscription fee in time. Erevive shall not be responsible for the loss or deletion of any or all data following termination of any subscription, account or this Agreement by Erevive due to non-payment of dues during the pendency of any dispute under this Section on “Disputed Accounts”.

General Clauses

Force Majeure. You understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance, and in particular, performance of the Service or fulfilment of an Order or Instruction. These occurrences and events include, but are not limited to: acts of God; acts of government; acts of war; acts of public enemies; acts of terror; strikes or other labour problems; pandemic; epidemic; floods; fires; earthquakes; civil unrest; riots; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hardware failures; hacking, denial of service or ransomware attacks; actions of the elements; or other causes beyond the control of Erevive in the performance of this Agreement. Upon the occurrence of such event or effect You agree to excuse performance under this Agreement and not hold Erevive liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages.
Relationship between Parties. The parties to this Agreement are independent and nothing in this Agreement shall make them partners, employees, agents, or other representatives of the other party hereto. Neither party shall make any representation that suggests otherwise.
Waiver. No failure or delay by Erevive in exercising any right under this Agreement will constitute a waiver of that right.
Headings and Sub-headings. The headings and sub-headings in this Agreement are for convenience only and do not affect the meaning of the relative section / clause.
Interpretation. In this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word “or” shall be deemed to include “and/or”, the words “including”, “includes” and “include” shall be deemed to be followed by the words “without limitation”; references to articles, sections (or subdivisions of sections) or exhibits or schedules are to those of this Agreement; and references to agreements and other contractual instruments shall be deemed to include all subsequent amendments and other modifications to such instruments, but only to the extent such amendments and other modifications are not prohibited by the terms of this Agreement.

END of TERMS of SERVICE

If you have any questions or concerns regarding this agreement, please contact us at sales@erevivetechnologies.com.