Terms of Service
This agreement governs your use of the Sattkara suite of online business productivity software provided by Nirmalya Labs Private Limited. By using the software, you agree to the terms outlined in this agreement. If you are based in India, this agreement is between you or the entity you represent and Nirmalya Labs Private Limited.
Parts of this Agreement
The Agreement comprises the General Terms and the Service Specific Terms. If there is a conflict between the General Terms and the Service Specific Terms, the Service Specific Terms shall take precedence.
Acceptance of the Agreement
To accept the Agreement, you must be of legal age to enter into a binding agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms but do not agree to any Service Specific Terms, refrain from using the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance, or by using the Services.
Description of Service
We offer cloud-based software and applications, as well as offline and mobile counterparts, collectively referred to as the "Services." These can be utilized for both personal and business purposes, including internal use within your organization. Access to the Services is available through any Internet browser supported by the platform. It is your responsibility to secure Internet access and the required equipment for Service usage. With your user account, you have the ability to create, edit, publish, and share content as desired.
Free Trial
When you sign up for a free trial of our Services, you will have access to the applicable Services at no cost until the free trial period ends, or until you decide to upgrade to a paid subscription or we terminate the trial at our discretion. Any data entered or customizations made during the trial will be lost unless you upgrade to a paid subscription plan, purchase service upgrades, or export the data before the trial ends. Please note that the Services are provided as-is during the free trial, without any warranties or liabilities.
User Sign up Obligations
You must sign up for a user account by providing all necessary information in order to access or use the services.For organizations seeking to utilize our Services for internal corporate use, it is advised that both yourself and all members of your organization sign up for user accounts using your corporate contact information. We recommend the use of your corporate email address. By signing up, you agree to: (i) provide accurate, current, and complete information about yourself; and (ii) ensure that the information provided is kept up-to-date. Should any information provided be found to be inaccurate or incomplete, we reserve the right to terminate your user account and restrict access to our 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 Nirmalya; (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 offence or prevents investigation of any offence 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 acknowledge and accept full responsibility for the content of any transmissions you make 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, 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. 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
Sattkara Suite allows for integration with various third-party applications, referred to as "Third Party Applications". To access and use these applications, you may need to agree to the terms of service and privacy policies set by the third-party providers, known as "Third Party Terms". It is your responsibility to review and comprehend the Third Party Terms before utilizing any Third Party Application. Please note that Nirmalya is not responsible for any Third Party Applications. While we will make efforts to inform you in advance, there may be instances where we, at Nirmalya, may decide to suspend, restrict, or disable access to, or remove a Third-Party Application from our Services, without any prior notice, and without incurring any liability towards you, including, but not limited to, loss of profits, revenue, data, goodwill, or other intangible losses.
Fees and Payments
The Services are offered through subscription plans of varying lengths. For subscription plans lasting less than a year, payment is accepted only via Credit Card. Your subscription will automatically renew at the conclusion of each subscription period, unless you choose to downgrade to a free plan or notify us of your intention not to renew. Upon automatic renewal, the subscription fee will be charged to the Credit Card on file. You have the option to change payment details if you prefer to use a different Credit Card for renewal. To opt out of subscription renewal, please notify us at least seven days prior to the renewal date. Failure to downgrade to a free plan or inform us of your decision to not renew will result in authorization for Nirmalya to charge the subscription fee to the last Credit Card used.
Occasionally, we may adjust the pricing of our Services or introduce charges for Services that were previously free. Any price changes will only take effect after your current billing cycle ends. You will not incur any charges for using our Services unless you have subscribed to a paid plan.If Nirmalya is required to charge any taxes, such as GST, VAT, sales tax, or similar fees, based on local, state, provincial, or foreign laws related to your subscription to our Services ("Taxes"), we will invoice you for these Taxes. You agree to pay Nirmalya for these Taxes in addition to the subscription fees. Nirmalya will provide you with an invoice in compliance with the applicable laws, allowing you to claim any applicable input tax credit for the Taxes paid.
Organization Accounts and Administrators
When registering an account for your organization, you can designate one or multiple administrators. These administrators will be responsible for customizing the Services to meet your needs and overseeing end users in your organization's account. If a third party creates and configures your organization's account on your behalf, it is probable that the third party will automatically assume the role of administrator. Be sure to establish a formal agreement with this third party outlining their responsibilities and limitations as an administrator of your organization's account.
As the account holder, it is your responsibility to (1) maintain the confidentiality of your organization account password, (2) designate skilled individuals as administrators to oversee your organization account, and (3) ensure that all activities related to your organization account adhere to the terms of this Agreement. Please note that Nirmalya is not accountable for the administration and internal management of the Services on your behalf.
It is your responsibility to ensure that your organization maintains control of administrator accounts. If there is no designated administrator account recovery process in place, Nirmalya may grant control of an administrator account to an individual who can prove they are authorized to act on behalf of the organization. You agree not to hold Nirmalya responsible for any actions taken in good faith in this matter.
Personal Information and Privacy
The Privacy Policy governs the personal information you provide to Nirmalya through the Service. By using the Service, you agree to the terms of the Privacy Policy. It is your responsibility to maintain the confidentiality of your username, password, and other sensitive information. We are not liable for any loss or damage resulting from unauthorized access and/or use of your user account, or any other misuse.
Communications
The Service may contain communications from us, including service announcements, administrative messages, and newsletters. You acknowledge that these communications are an integral part of using the Services. In line with our commitment to ensuring your privacy, we offer you the option to unsubscribe from receiving newsletters. Please note that you will not have the option to opt-out of receiving service announcements and administrative messages.
Inactive User Accounts Policy
We retain the right to deactivate unpaid user accounts that remain inactive for a continuous period of 90 days. If such deactivation occurs, all data linked to the user account will be removed. We will notify you in advance of the deactivation and give you the option to back up your data. The policy for data deletion may be applied to any or all of our Services. Each Service is considered individually for the calculation of inactivity. This means that activity in one Service does not keep another Service's user account active. For accounts with multiple users, as long as at least one user remains active, the account will not be classified as inactive.
Hosting Location
The location of the cloud facility serving you is determined by the mapping of your region or country to the available cloud facilities at the time of your registration. In the event of any changes to this mapping, we may need to migrate your account to a different cloud facility. It is important that you do not mask your IP address during sign-up, as your region or country is identified based on this information. If we find that your actual region or country differs from what is on record, we may take necessary action such as migrating your account to the appropriate cloud facility or closing your account and discontinuing our services to you.
Data Ownership
We acknowledge and respect your ownership rights over the content created or stored by you. You retain full ownership of the content you create or store. Unless specifically authorized by you, our use of the Services does not give us the right to use, reproduce, adapt, modify, publish, or distribute the content you create or store in your user account for any commercial, marketing, or similar purposes. However, you grant us permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content in your user account solely for the purpose of providing the Services to you.
User Generated Content
You are permitted to share or post content that you have created using our Services or in any other manner. However, you are solely responsible for such content and the outcomes of sharing or posting it. If you are a publisher of news and current affairs content as defined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021, you must provide the necessary information to the Ministry of Information and Broadcasting in accordance with rule 18. Any content that is shared will be accessible to the public on the internet and may be searched and indexed by search engines. It is your responsibility to ensure that you do not unintentionally make any private content public.
Users of the Services are provided with content "AS IS" for informational and personal use only. It is agreed not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content without the express written consent of the content owner. If copyrighted content or copy protection features are encountered, it is agreed not to remove or disable such features.When uploading any copyrighted or copyrightable content on any of the Services, you confirm that you have obtained the necessary consent, authorization, or permission from all individuals who may hold rights to the content. Additionally, by sharing content in this manner, you acknowledge that Nirmalya reserves the right to block or remove any content that receives complaints regarding potential illegality or infringement of third party rights. By using the Services and posting content, you agree to allow Nirmalya's designated agent to determine any issues related to the legality or infringement of third party rights in the content.
Sample files and Applications
Sample files and applications may be provided to demonstrate the effective use of the Services for specific purposes. The information within these samples is randomized and we make no guarantee regarding its accuracy, usefulness, completeness, or reliability. This disclaimer applies to both the information and the sample files and applications themselves.
Trademark
Sattkara logo and name are registered trademarks of Nirmalya Labs Private Limited. It is agreed that the Nirmalya trademarks shall not be displayed or used in any manner without prior permission from us.
Disclaimer of Warranties
You acknowledge and agree that your use of the services is solely at your own risk. The services are provided on an as-is and as-available basis. We specifically disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the services will be uninterrupted, timely, secure, or error-free. Any material downloaded or obtained through the services is at your own discretion and risk, and you are solely responsible for any damage to your computer system, mobile phone, wireless device, or data that may result from such use. Any advice or information obtained from us, its employees, or representatives does not create any warranty unless expressly stated in the agreement.
Limitation of Liability
You acknowledge and agree that Nirmalya will not be responsible for any indirect, consequential, incidental, special, punitive, or other types of loss or damages, including but not limited to loss of business profits, interruption of business operations, computer malfunctions, loss of business data, or any other losses that may arise from or be caused by your use of, or inability to use, the service.
Indemnification
By accepting these terms, you agree to protect and defend Nirmalya, along with its officers, directors, employees, suppliers, and affiliates, against any losses, damages, fines, and expenses (including legal fees and costs) that may arise from claims alleging misuse of the Services in violation of a third party's rights, breach of any law, breach of any terms of the Agreement, or any other claims related to your use of the Services, unless such use is authorized by Nirmalya.
Governing law and Jurisdiction
All disputes or claims relating to the Terms will be resolved solely by the courts of Cuttack, following the laws of India, with no consideration for conflict of law principles.
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. Additionally, we maintain the right to cancel your user account and restrict access to our services if we have reason to believe you have violated the terms of the agreement. We also reserve the right to cease providing access to any Beta Service in the event of unexpected technical difficulties or discontinuation of the Beta Service. If Nirmalya fails to fulfill its obligations under the agreement, you have the right to terminate your user account and receive a prorated refund of any prepaid fees. Termination of your user account will result in the denial of access to all services, the removal of information such as your email address and password from your account, and the deletion of all data stored in your account.
Modification of Terms of Service
We reserve the right to update this Agreement by notifying you through a service announcement or email to your primary email address. If there are significant changes that impact your rights, you will receive at least 30 days advance notice via email. If you disagree with the modifications and wish to terminate your use of the Services, you must inform us by email within 30 days of being notified of the updated Agreement. In this case, you will receive a prorated refund of any prepaid fees. Continued use of the Service after the changes take effect will constitute acceptance of the modified Agreement.
Complaints
When a complaint is received regarding your activities while using our Services, excluding cases where the designated grievance redressal mechanism applies, we will promptly notify you via email. It is your responsibility to respond to the complainant directly within 10 days of receiving the complaint notification, with a copy sent to Nirmalya. Failure to address the complaint within the specified time frame may result in the disclosure of your name and contact details to the complainant for potential legal action. Please be aware that noncompliance with the 10-day response period constitutes implicit consent for Nirmalya to share your information with the complainant.
Grievance Redressal
If you have any complaints, as outlined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, please reach out to our Grievance Officer by emailing grc.caretec@nirmalyalabs.com
Refund Policy
We are dedicated to producing high-quality software that enhances your business or professional endeavors. Your support means a lot to us as we recognize the numerous options available to you. Thank you for choosing us. In the event that we fall short of meeting your expectations, we have established a policy outlining the actions we will take.
Monthly Subscriptions: If you experience any dissatisfaction within the first month of using our service, please reach out to us. We are committed to resolving your concerns by offering solutions, workarounds, or providing a timeline for a satisfactory resolution. If we are unable to meet your expectations, we will gladly offer you a pro-rated refund for your purchase.
Annual Subscriptions: We do not require an annual subscription for you to access our services. We believe in providing our customers with the freedom to choose. If you decide to commit to an annual subscription upfront, we offer a significant discount compared to the already low monthly subscription cost. Should you find yourself dissatisfied with our service within the first 45 days, please reach out to us. We are committed to resolving any issues, providing alternative solutions, or offering a timeline for a resolution that meets your requirements. If you remain unsatisfied, we will gladly provide a pro-rated refund for your purchase.
Partial Downgrade of Annual Subscription: In certain instances, you may choose to partially downgrade your annual subscription. This can happen if, at any point during your subscription period, you decide to decrease the number of user licenses, switch to a lower edition of our services, downgrade your paid support plan, or remove an add-on that was previously purchased. If a partial downgrade occurs, you will receive credits in the form of a subscription extension for the remaining active licenses.
Auto-Renewal: To ensure ease of use, your monthly and yearly subscriptions will be automatically renewed until cancellation. Prior to each auto-renewal, you will receive an email detailing the upcoming charge to your credit card. Additionally, following each renewal, you will receive an email receipt outlining the deducted amount, the next renewal date, and the next renewal amount.
Exception to our Refund Policy: Refunds will not be issued (whether in full or pro-rated) if your account is terminated, suspended, or blocked by us due to violations of our Terms of Service, such as phishing, impersonation, fraud, or breaching any applicable laws.