THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND Web Masters Technologies Pte. Ltd. (hereinafter “WM”) GOVERNING YOUR USE OF ARI SUITE OF BUSINESS APPLICATION SOFTWARE (hereinafter “Ari”).
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter “General Terms”) and terms and conditions, if any, specific to the use of individual services (hereinafter “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as “Terms”. In the event of a conflict between General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. 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 Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the services.
Description of Service
We provide an array of services for Ari which includes Point of Sale, HQ, Integrations with Third Party Software. You may use Ari for your personal and business use for internal business purpose in the organization 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 hardware necessary to use the Services.
Subscription to 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 WM 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.
Modification of Terms of Service
We may modify the Terms upon 30 days of notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
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: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) 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 WM has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, WM may terminate your user account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Communications from WM
The Service may include certain communications from WM such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered as 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.
Fees and Payments
Subscriptions to paid Services are available on monthly and yearly subscription plans. You are under obligation to renew your subscription, failing which you may lose your access to Ari and we may delete the data lying in your account if it remains unsubscribed for a month. In the event you decide to terminate the use of Ari services, your payment for the unused service will not be refunded back. WM reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available at website.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
transfer or otherwise make available to any third party the Services;
provide any service based on the Services without prior written permission;
use the third-party links to sites without agreeing to their website terms & conditions;
post links to third party sites or use their logo, company name, etc. without their prior written permission; or
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, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, 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.
Inactive User Accounts Policy
We reserve the right to terminate your account, if it is not logged in for 30 days in trial period. In the event of such termination, all data associated with such user account will be deleted. 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.
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 WM the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for WM’s commercial, marketing or any similar purpose. But you grant WM 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. 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 WM will have the right to block access to or remove such content made available by you, if WM 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 WM for this purpose.
Sample files and Applications
WM 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. WM makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
SaaS Specific Service Terms
Data in a Free Trial account is maintained for a period of 30 days only. Once the trial period is over, WM terminates the account and removes all data associated with such accounts. You also agree and acknowledge that WM has no obligation to retain your data after such termination. As a free subscription user, you are responsible for regularly printing, downloading and/or exporting data to your personal data storage.
Data Retention Policy for Unpaid Accounts & Renewal
WM retains the right to terminate your account and access to services to prevent further use until payments for all charges on the account have been received. In the event of such termination, all data associated with such a user account will be kept in WM’s servers for a period of 30 days from the date of expiry. You agree and acknowledge that WM has no obligation to retain your data afterwards, such data may be irretrievably deleted if you have not renewed your account within the above mentioned period. WM reserves the right to impose a re-registration fee in the event your account is suspended and thereafter you may request a renewal of your account. Please take the steps to export your data to your local machine at regular intervals while you are having access rights.
Cancellation of Active Accounts
You may cancel your account only by sending a request to firstname.lastname@example.org. Cancellation requests become effective at the end of current billing period and you are not charged again. All of your data and content will be deleted from WM’s systems immediately upon cancellation of your account. The data deleted once cannot be recovered. WM is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation. WM reserves the right to cancel the account if the device that connects to use the service compromises the security of the servers that host Ari.
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. WM 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. WM 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 WM, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT WM 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 WM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WM RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL WM’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless WM, 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, except where such use is authorized by WM.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the Arbitration Act of Singapore. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Singapore and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, WM may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to 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 email@example.com 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 Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at firstname.lastname@example.org