Privacy Policy
1. Customer Data
1.1. Ownership of Data
You retain ownership, right, and responsibility to all text, software data, audio, video, images, or other content that you and/or any Authorized User run on or through the Service (collectively "Customer Data"), subject only to the limited rights expressly granted in this Agreement and intellectual property rights. You are solely responsible, and Software assumes no liability for the Customer Data that Authorized Users or other third parties post, send, or otherwise make available over or through the Service.
1.2. License Grant to Software
In order to provide and support the Service for your benefit, you hereby grant Software a worldwide, non-exclusive, royalty-free license during the Service Period to use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, and archive Customer Data. You agree that, so long as no Confidential Information is publicly disclosed, Software may:
- Use Customer Data to refine, supplement, or test Software's product and Service offerings
- Include aggregated and anonymized data in any publicly available reports, analyses, and promotional materials
- Retain anonymized, non-attributable data following any termination of this Agreement for use in connection with the above
- List you as a Customer and use your name and logo on the Website, on publicly available customer lists, and in media releases during the Service Period.
2. Intellectual Property
As used in this Agreement, "Technology" means any and all know-how, processes, methodologies, specifications, designs, inventions, functionality, graphics, techniques, methods, applications, computer programs, libraries, user manuals, documentation, products or other technology and materials of any kind, or any enhancement thereto, used by Software in connection with the performance of the Service or the Support, or made available by Software to you, any Authorized User, or any third party in connection with the Service or the Support. Without limiting the above, Technology includes the products, services, and technology made available through the Website, the Agents, the Service interface, and any Software branded or co-branded websites (including sub-domains, widgets, and mobile versions).
The Service and Technology constitute or otherwise involve valuable intellectual property rights of Software, and Software will own all right, title, and interest in and to the above. No title to or ownership of the Service or Technology, or any intellectual property rights associated therewith, is transferred to you, any Authorized User, or any third party under this Agreement. Sections 8-9 describe the entirety of your limited rights to access and use the Service and Agents and to make the Service and Agents available to Authorized Users. Except with respect to certain of the Agents, in no event will you be entitled to access or review any object code or source code. Software reserves all rights to the Service and Technology not otherwise expressly granted herein.
3. Limitations of Liability
You understand and agree that we will not be liable to you or any third party for any damage, injury, or loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from:
- The use, disclosure, or display of your Customer Data
- Your use or inability to use the Service
- Any modification, price change, suspension, interruption, cessation of transmission, or discontinuance of the Service
- The Service generally or the software or systems that make the Service available
- Unauthorized access to or alterations of your transmissions or data
- Statements or conduct of any third party on the Service
- Any other user interactions that you input or receive through your use of the Service
- Hacking, tampering, or other unauthorized access or use of the Service or your account(s) or the information contained therein
- Errors, mistakes, or inaccuracies of data
- Personal injury or property damage, of any nature whatsoever, resulting from your and authorized users' access to and use of the Service or support
- Any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy described in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
These limitations will not apply to damages arising out of a party's failure to comply with its confidentiality obligations, indemnification obligations, or payment obligations to Software. Except for their respective indemnity and confidentiality obligations, in no event will either party, their affiliates, directors, employees, or licensors be liable to the other party or any authorized user for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the fees you paid to Software.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the non-breaching party has been advised of the possibility of such damage. The above limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
4. Nonuse and Nondisclosure of Confidential Information
4.1. Confidentiality
As used in this Agreement, "Confidential Information" means any information that is proprietary or confidential to the Discloser (as defined below) or that the Discloser is obligated to keep confidential (e.g., pursuant to a contractual or other obligation owing to a third party). Confidential Information may be of a technical, business, or other nature. However, Confidential Information does not include any information that:
- Was known to the Recipient (as defined below) prior to receiving the same from the Discloser in connection with this Agreement
- Is independently developed by the Recipient
- Is acquired by the Recipient from another source without restriction as to use or disclosure
- Is or becomes part of the public domain through no fault or action of the Recipient
Each party reserve any and all right, title, and interest (including any intellectual property rights) that it may have in or to any Confidential Information that it may disclose to the other party under this Agreement. The party that receives any Confidential Information (the "Recipient") of the other party (the "Discloser") will protect Confidential Information of the Discloser against any
Unauthorized Use or disclosure to the same extent that the Recipient protects its own Confidential Information of a similar nature against Unauthorized Use or disclosure, but in no event will use less than a reasonable standard of care to protect such Confidential Information; provided that the Confidential Information of the Discloser is conspicuously marked or otherwise identified as confidential or proprietary upon receipt by the Recipient or the Recipient otherwise knows or has reason to know that the same is Confidential Information of the Discloser. The Recipient will use any Confidential Information of the Discloser solely for the purposes for which the Discloser provides it.
This section will not be interpreted or construed to prohibit:
- Any use or disclosure which is necessary or appropriate in connection with the Recipient's performance of its obligations or exercise of its rights under this Agreement or any other agreement between the parties
- Any use or disclosure required by applicable law, provided that the Recipient uses reasonable efforts to give the Discloser reasonable advance notice to afford the Discloser an opportunity to intervene and seek an order or other appropriate relief for the protection of its Confidential Information
- Any use or disclosure made with the consent of the Discloser.
In the event of any breach or threatened breach by the Recipient of its obligations under this section, the Discloser will be entitled to injunctive and other equitable relief to enforce such obligations. The obligations of confidentiality will survive expiration or termination of this Agreement.
Attention all buyers: This Privacy Policy has been authored by:
CODEZEE SOLUTIONS PRIVATE LIMITED, 406 DHARA ARCADE, MOTA VARACHCHA, SURAT, 394101, GUJARAT – INDIA
