These Terms of Service represent the terms and conditions applied to the access and use of the Solware IIoT Cloud Platform (hereinafter “Solware”) reachable at URL:https://solwareiiot.com. This document is a legally binding agreement between the entity (hereinafter “Customer”, “You” or “Your”) that you represent and the Unfold Technologies Private Limited that governing the your use of Solware (hereinafter “Unfold Technologies”, “We”, “us”, or “Our”).
1. Submission and Acceptance of the Terms
Customer use of the Solware is subject to the terms and conditions contained in this document as well as Solware Privacy Policy, and any other service policies or conditions as adopted and integrated with the Solware Cloud Platform from time to time (jointly, the “Terms”).
This Solware Service Agreement is effective (the "Effective Date") when a Customer accesses the Solware Cloud Platform for the first time. If you are accepting Terms or accessing the Solware on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Solware Service Agreement; (ii) you have read and understand this Solware Service Agreement; and (iii) you agree, on behalf of Customer, to this Solware Service Agreement. Vice versa, the Customer is deemed liable, represents and warrants that all users accept and comply with these Terms.
If you do not agree to and accept all of the Terms, please do not use our Solware Service. You acknowledge and agree that we may amend any Terms at any time by posting the relevant amended and restated Terms on the Solware. Unless otherwise explicitly announced by us, any changes to the Terms become effective right after they are posted. By creating a company account in Solware or by using the Solware, the Customer and all Your affiliate users or users approached by You acknowledges and agrees that they have read, understood, and consent to be bound by this Terms of Service. By continuing to use the Solware Services, you agree to be bound by the latest released Terms.
2. Description of Service
We provide cloud software and applications for businesses, manufacturing industries, including associated mobile applications ("Service" or "Services"). You may use the Services for the organization that you represent. You must register as a customer on the Solware Cloud Platform in order to access and use the Service. 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 equipment necessary to use the Services.
The location of the Solware cloud facility from which you are served depends on your selection of the region/country of the available cloud facilities at the time of your Company Account creation.
3. Account Creation and Sign up
To use the Solware Service you need to create a Company Account by providing all required information, particularly, we recommend that you use your corporate email address for Company and User account creation.
You are responsible for (i) ensuring confidentiality of your company account password, (ii) appointing competent individuals as administrators for managing your company account, and (iii) ensuring that all activities that occur in connection with your company account comply with this Agreement. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You understand that Unfold Technologies is not responsible for account administration and internal management of the Services for you.
You agree to: (i) provide true, accurate, current and complete information about the organization and yourself as prompted by the Company account creation process; and (ii) maintain and promptly update the information provided during Company account creation to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Unfold Technologies has reasonable grounds to suspect that such information is untrue, We may suspend or terminate your user account and refuse current or future use of any or all of the Services.
4. Restriction on use of the Solware Cloud Platform
In addition to all other terms and conditions of this Agreement, the Customer and its users agree that you will not:
i. copy, modify, or create a derivative work of the Service;
ii. reverse engineer, de-compile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Service (except to the extent such restriction is expressly prohibited by applicable law);
iii. sell, resell, sub license, transfer, or distribute any or all of the Service;
iv. without limiting the generality of the foregoing, copy, reproduce, download, compile or otherwise use the Service for the purposes of operating a business that competes with Solware;
v. access or use the Service to produce, promote, provide to end users materials that are defamatory, obscene, abusive, invasive of privacy, or offensive, including but not limited to content related to child pornography, bestiality, other types of illegal sexual content, and etc.;
vi. undertake any action to gain unauthorized access to any computer, network, database, device of Solware, any of Solware’s Customer or User data;
vii. intend to breach any security or authentication measures used in Solware connection;
viii. distribute, send, or facilitate the sending or any unsolicited electronic messages, or engage in any form of spamming activities
ix. use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Solware;
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. create a false identity to mislead any person or entity as to the identity or origin of any communication;
xiii. violate any applicable local, state, national or international law;
xiv. transfer the Services or otherwise make it available to any third party;
xv. provide any service based on the Solware Services without prior written permission;
5. Third Party Applications and Interface
You acknowledge and agree that Information related to your payment cards, including Information about your payment method organization, the your card number, last four digits of the card number, the security code, and the expiration date of your payment instrument will be transferred to, stored and processed by our third party payment service provider directly, in order for them to process your payment transactions and we will not store, have access to any such Information.
6. Fees and Payments
To access the Solware Service you need to pay the monthly or yearly subscription fee. Customer has to make sure that the payment and renewal of subscription done before the end date of active subscription, in case of non payment or delay in payment all the Solware services will be disabled and the Customer will not be access the Service, Unfold Technologies will not be responsible for any business interruption, disturbances, impact, or loss to Customer due to failure in subscription payments or renewal.
The fee paid for the Solware Service is non cancelable unless otherwise option provided by Unfold Technologies to receive credit, or money back, or refund. The option to get credit, or money back, or refund for the cancellation can be provided and withdrawn by Unfold Technologies at our discretion.
From time to time, we may change the subscription plans, plan features, price of any Service or charge for use of Services that are currently available. Any increase in charges will not apply until the expiry of your then current billing cycle.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by Unfold Technologies in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"). You agree to pay Unfold Technologies such Taxes in addition to the subscription fees. Unfold Technologies shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes paid.
7. Personal Information and Privacy
Personal information you provide to Solware through the Service is governed by Unfold Technologies Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Unfold Technologies Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Company and user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@solwareiiot.com
8. Inactive User Accounts Policy
We reserve the right to terminate unpaid company accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such company account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services.
9. Data Ownership
We respect your right to ownership of content created or stored by you in Solware. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Unfold Technologies the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your company account for Unfold Technologies commercial, marketing or any similar purpose. But you may grant permission to Unfold Technologies to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your company account solely as required for the purpose of providing the Services to you like training to your users, to analyze, clarify, and fix the defect or query raised by your user.
You agree that Unfold Technologies has rights to use the statistical data derived from the operation of the Service, including, without limitation, the number of records in the Service, the number and types of transactions, configurations, and reports processed in the Service. In no event the statistical and aggregated data include any personally identifiable information or company identifiable and owned information.
10. Intellectual Property Rights
As between the parties to this Agreement, Unfold Technologies is the sole owner of all the rights and interests in the Solware IIoT Cloud Platform. All title, ownership and Intellectual Property Rights in the Solware shall remain with Unfold Technologies, its affiliates or licensors of Solware, as the case may be.
“Intellectual Property Rights” shall mean:
all rights, title and interest in and to all intellectual property rights, including any and all copyrights, patents, trade marks, service marks, logos, get-up, trade names, internet domain names, rights in designs, rights in computer software, database rights, semi-conductor topography rights, utility models and rights in know-how, in each case whether registrable or not, and including any applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world, and across all platforms and mediums whether now known or in the future invented.
11. Suspension and Termination of the Solware Service
Unfold Technologies shall have the right to suspend your company account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity or which in our opinion is unlawful, violates the Terms, objections to suspension or disabling of company account should be made to legal@unfoldtec.com within thirty days of being notified about the suspension.
If we become aware that Customer or any Customer User's use of the Service violates the Terms, we will give you notice of the violation requesting to cure the violation. If Customer fails to correct the violation within 24 hours of our request, then we may suspend all or part of Customer's use of the Service until the violation is corrected, or terminate or delete the customer account completely.
Unfold Technologies may immediately suspend all or part of Customer's use of the Service if (i) we consider the breach of Security; (ii) there is suspected unauthorized third-party access to the Service; (iii) it is necessary to withdraw immediately to comply with applicable law. The lift of any such suspension is possible if the suspending event will have resolved within 15 (fifteen) days after the suspension.
You have the right to terminate your company account if Unfold Technologies breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees for the currently active subscription . Termination of company account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your company account.
12. Refund Policy
Upon termination for cause by Subscriber, Unfold Technologies shall refund Subscriber any prepaid fees covering the unused portion of the Subscription Period. Upon any termination for cause by Unfold Technologies, Subscriber shall expedite all payments due to Unfold Technologies and in no event will termination of this Agreement relieve Subscriber of its obligation to pay any fees due to Unfold Technologies.
13. Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on AS-IS and AS-AVAILABLE basis. Unfold Technologies 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. Unfold Technologies makes no warranty that the service will be uninterrupted, timely, secure, or error free. No advice or information, whether written or oral, obtained by you from Unfold Technologies, its employees or representatives shall create any warranty not expressly stated in the agreement.
14. Limitation of Liability
Under no circumstances and under no legal theory, whether tort, contract, product liability, negligence or otherwise, shall either party or its affiliates be liable to the other party or any other affiliate or third party for any lost profits, lost sales or lost revenue, loss of data, business interruption, loss of goodwill or for any indirect, special, incidental, exemplary, consequential or punitive damages, even if a party or its affiliates have been advised of the possibility of such damages. In no event shall the liability of either party to the other party or its affiliates, for any claim or action arising out of this agreement, exceed the value of Twenty Thousand Rupees (INR 20,000) or 10% of aggregate of all amounts paid by the Subscriber to Unfold Technologies in the twelve (12) months preceding the first event giving rise to such claim or liability.
15. Indemnification
You agree to indemnify and hold harmless Unfold Technologies, 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 Agreement, or any other claim related to your use of the Services.
16. Force Majeure
No Party shall be liable to the other if, and to the extent, that the performance or delay in performance of any of its obligations under this Agreement is prevented, restricted, delayed or interfered with, due to circumstances beyond the reasonable control of such Party, including without limitation, strikes, labor disputes, riots, insurrections, quarantine lock downs, civil disturbances, Cyber attacks, riots, strikes, fires, flood, storms, explosions, epidemics, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals. The Party claiming an event of force majeure shall promptly notify the other Party in writing and provide full particulars of the cause of event and the date of first occurrence thereof, as soon as possible after the event and also keep the other Party informed of any further developments.
17. Governing Law and Dispute Resolution
Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Chennai, Tamilnadu, India in accordance with the laws of India without regard to conflict of law principles.
18. Changes in Terms and Conditions
We may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing notice to Unfold Technologies by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
19. Contact us about this Terms and Conditions
If you have any questions or concerns regarding this Agreement, please contact us at legal@unfoldtec.com