END USER AGREEMENT
END USER AGREEMENT
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using PromptTech (“Application”, “Software Solution”). By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. The End-User herein be called as ‘parties’ or ‘you’ in this Agreement shall be in legal binding with PromptTech Middle East Pvt Ltd ( herein called as ‘PromptTech’ or ‘Company’ accordingly) It governs your use of the Application made available to you by PromptTech Middle East Pvt Ltd. If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application. The Application is licensed, not sold, and made available for use to you by PromptTech Middle East Pvt Ltd. strictly and in accordance with the terms of this Agreement.
Subject to the terms of agreement, PromptTech Middle East Pvt Ltd grants you a revocable, non-exclusive, non-transferable license to download, install and use the Application strictly, solely and non-commercial use in accordance with the terms of this Agreement. You are not allowed to lease, sub-license, rent, publish, copy, re-sell, de-compile or translate all or any portion of the application without the company’s prior consent or expressly in writing the permission or unless otherwise expressly permitted or applicable by law.
Please note, the price that PromptTech is charging from you does not cover the licensing cost of an operating system, database or any other third-party components that is being used to build the software application.
You agree not to, and you shall not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party or entity, remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Prompt Tech Middle East Pvt Ltd and its subsidiaries.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are and shall remain, the sole and exclusive property of PromptTech Middle East Pvt Ltd., India.
Any feedback, comments, ideas, improvements or suggestive (collectively, “Suggestions”) provided by you to PromptTech with respect to the Application shall remain the sole and exclusive property of PromptTech Middle East Pvt Ltd. and shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation and shall be in the capacity of sole discretion.
MODIFICATION OF APPLICATIONS
PromptTech Middle East Pvt Ltd, reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without the liability to you. The effectiveness of the clause shall be sole discretion of PromptTech Middle East Pvt Ltd.
UPDATES TO APPLICATION
PromptTech Middle East Pvt Ltd from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (herein will be called as “Updates”). Updates may modify or delete certain features and/or functionalities of the Application. You agree that PromptTech Middle East Pvt Ltd has no obligation to
(i) provide any Updates, or
(ii) continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all Updates will be deemed to constitute an integral part of the Application, and strictly subject to the terms and conditions of this Agreement.
Please note that PromptTech Middle East Pvt Ltd shall resolve and or take actions to fix, alter or delete any of part of this application and may intimate the same as and when required.
The Application may display, include or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services (“Third-Party Services”).” You acknowledge and agree that PromptTech Middle East Pvt Ltd will not be responsible for any third-party Services, including their accuracy, completeness, timelines, validity, copyright compliance, legality, decency, quality or any other aspect thereof. PromptTech Middle East Pvt Ltd shall not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you may access and use them entirely at your own risk and subject to such third parties’ terms and conditions. PromptTech Middle East Pvt Ltd shall not be in any manner liable to cover the risks thereof.
TERMS AND TERMINATION
This Agreement shall remain in effect until terminated by you or PromptTech itself. PromptTech Middle East Pvt Ltd may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from PromptTech Middle East Pvt Ltd, in the event that you fail to comply with any provision of this Agreement. You shall also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer. Termination of this Agreement will not limit any of PromptTech’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold PromptTech Middle East Pvt Ltd harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:
(a) use of the Application;
(b) violation of this Agreement or any law or regulation
(c) violation of any right of a third party
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PromptTech Middle East Pvt Ltd , expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to :
1. The Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement,
2. Warranties that may arise out of course of dealing, course of performance, usage or trade practice
Provided, case to case basis proposals is subject to certain warranties by the manufacturers and PromptTech Middle East Pvt Ltd shall not warranty unreasonably it is subjected to the parties’ arrangements.
PromptTech Middle East Pvt Ltd provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither PromptTech Middle East Pvt Ltd or any of PromptTech provider shall make any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon;
(ii) that the Application will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or that the Application, its servers, the content, or emails sent from or on behalf of PromptTech Middle East Pvt Ltd free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
LIMITATION OF LIABILITY
Notwithstanding the above, PromptTech Middle East Pvt Ltd under any provision of this Agreement is not liable for the claims exclusively made to the extent wholly or in part as a part of remedy. PromptTech under applicable law may to the extent permitted in no event be liable for any special, incidental, indirect, or consequential damages whatsoever (including the damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement).
It is the responsibility of the user to ensure the applications compatibility with their business needs as well as undertake the statutory compliances, ensure guidelines with the respective competent authorities, local govt. bodies in the concerned jurisdiction. PromptTech shall not be liable for any such clearances, compliances or support to user in any manner.
In no event shall the total liability of PromptTech Middle East Pvt Ltd for the damages incurred by you in consonance with the agreement in the event of the damages , losses and causes whether or not in ( contract, tort or any arrangement or due to negligence or otherwise in contingencies) subject to the conditions of breach, arising out of the terms on case to case basis, PromptTech Middle East Pvt Ltd undertakes that the total indemnification value in aggregate in any circumstances shall not exceed 150 USD inclusive of the costs of Attorney fee and the same shall be applicable accordingly.
Any loss of data or damage of backup/ non retrieval of data is sole responsibility of the end user. PromptTech is not responsible for any such data related losses and shall not entertain any liability arising out of it. All backup and archival media containing Customer Data is to be kept with user since the company does not cover the contingent losses of data or any backup fault or periodical backup policy. Furthermore, if the software is a service there shall be no liability of PromptTech Middle East Pvt Ltd whereas if the software is a product the liability clause shall be applicable to the extent as mentioned above in this agreement.
FURTHER, nothing shall be considered as the liability of PromptTech Middle East Pvt Ltd if the End -user ( herein ‘Parties’) shall be volunteering breach of confidentiality, representations and warranties, any breach of terms and conditions which are mentioned above. Such agreement shall be considered void ab initio and will not attract any indemnifications or compensations legally.
If any provision hereof is found invalid, illegal or unenforceable pursuant to any law and Order, the remainder of this Agreement shall remain valid, legal and enforceable according to its terms, and such invalid, illegal or unenforceable provision shall be replaced with a provision that validates the force and effect of the abovesaid agreement. The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability wholly or any part of the agreement. The remaining provisions will continue in full force and effect.
Except as provided in the agreement, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter not shall be the waiver of a breach constitute waiver of any subsequent breach.
AMENDEMENTS TO THE AGREEMENT
PromptTech Middle East Pvt. Ltd reserves all the right, at its sole discretion, to modify or replace this Agreement at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our applications after any revision, update or subjective changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application and if found illicit usage in the name of PromptTech Middle East Pvt Ltd, legal actions will be placed against the user by the Company.
All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of Indian Courts with the Jurisdiction of Thiruvananthapuram, Kerala , India. The parties to this agreement will submit all disputes arising under this agreement to respective arbitrations, courts or tribunals in and as per above said jurisdictions. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section in any other court other than as mentioned in the agreement.
PromptTech Middle East Pvt Ltd reserves all the legal and business Right and thus the Court of Jurisdiction is solely with India at Thiruvananthapuram, Kerala , India. Wherein further the subsidiaries of the company may step in as legal entity for client resolutions as and when required for the claims based on nature of dispute. The final decisions and claims shall be stamped in the name of PromptTech Middle East Pvt Ltd and under Indian Jurisdiction respectively.
The Agreement constitutes the entire agreement between you and PromptTech Middle East Pvt Ltd regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and PromptTech Middle East Pvt Ltd. You may be subject to additional terms and conditions that apply when you use or purchase other PromptTech services on case-to-case basis and this shall go in conformity. Furthermore, PromptTech Middle East Pvt Ltd shall be responsible for hosting all the products and services and reserves right to modify, change or discontinue any product, web application or services respectively.