Terms Of Service
Last updated: June 14, 2023
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and
terms and
conditions, if any, specific to use of individual Services (hereinafter the “Service Specific
Terms”). In
the event of a conflict between the General Terms and Service Specific Terms, the Service Specific
Terms
shall prevail.
Acceptance of the Agreement
You must be of legal age to enter into a binding agreement in order to accept the Agreement . 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
Agreement by
checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by
actually using
the Services.
Description of Service
We provide cloud software and applications for businesses, including associated offline and mobile
applications ("Service" or "Services"). You may use the Services for your personal and business use
or for
internal business purpose in the organization that you represent. You may connect to the Services
using any
Internet bser supported by the Services. You are responsible for obtaining access to the Internet
and the
equipment necessary to use the Services. You can create and edit content with your user account and
if you
choose to do so, you can publish and share such content.
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
Pletox 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 the Beta Services for any reason.
Free Trial
If you register for a free trial of one or more Services, Pletox will make the applicable Services
available to
you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the
applicable Services (unless terminated earlier by you), (ii) the start date of the paid subscription
period
for the applicable Services, or (iii) termination by Pletox in its sole discretion. Any data that
you
enter
into the Services, and any customizations made to the Services during the free trial will be
permanently
lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase
applicable Service upgrades, or (iii) export such data before the end of the trial period.
Notwithstanding
anything contained in this Section, Services are offered as-is during the free trial, without any
warranty,
covenant, support or liability whatsoever, to the extent permitted by law.
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: (i) provide true, accurate, current and complete information about yourself as prompted by
the
sign up process; and (ii) 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 Pletox has reasonable grounds to suspect that such information is untrue,
inaccurate,
outdated, or incomplete, Pletox may terminate your user account and refuse current or future use
of
any or all
of the 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 Pletox; (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 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,
insulting, harassing, libelous, 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. 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.
Third Party Applications
Pletox Services integrate with many third party applications (hereinafter "Third Party
Application(s)"). Access
and use of the Third Party Applications may require acceptance of terms of service and privacy
policies
applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible
for
reading and understanding the Third Party Terms before accessing or using any Third Party
Application. You
acknowledge and agree that Pletox is not liable for any Third Party Applications. While we will
try to
provide
you with advance notice, whenever reasonably possible, you acknowledge and agree that Pletox may,
at
any time
and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or
remove
from Pletox Services, any Third Party Application, without any liability to you, including without
limitation
for any loss of profits, revenue, data, goodwill or other intangible losses.
Fees and Payments
The Services are available under subscription plans of various durations. Payments for subscription
plans of
duration of less than a year can be made only by Credit Card. Your subscription will be
automatically
renewed at the end of each subscription period unless you downgrade your paid subscription plan to a
free
plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal,
the
subscription fee will be charged to the Credit Card last used by you. We provide you the option of
changing
the details if you would like the payment for the renewal to be made through a different Credit
Card. If you
do not wish to renew the subscription, you must inform us at least seven days prior to the renewal
date. If
you have not downgraded to a free plan and if you have not informed us that you do not wish to renew
the
subscription, you will be presumed to have authorized Pletox to charge the subscription fee to the
Credit Card
last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are
currently
available free of charge. Any increase in charges will not apply until the expiry of your then
current
billing cycle. You will not be charged for using any Service unless you have opted for a paid
subscription
plan.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by Pletox in accordance
with
any
local, state, provincial or foreign laws with respect to your subscription to our Services
("Taxes"), Pletox
will invoice you for such Taxes. You agree to pay Pletox such Taxes in addition to the
subscription
fees. Pletox
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 so paid.
Refund Policy
If at anytime during your first month using our service you are dissatisfied, please contact us. We will
do our best to address your issue, provide a work around or give a timeline for a solution that will
meet your needs. If you are not satisfied, we will gladly offer you a FULL REFUND for your purchase, and
downgrade your account to the free plan for that service.
We want you to be happy with our service throughout your entire contract, not only the first 30 days (in
case of monthly subscription) and the first 45 days (in case of annual subscription). So we go beyond
that. If at anytime during your contract we remove, break or discontinue functionality that was
available at the time you signed up for our services , we ask you to notify us immediately. If we fail
to address the breakage of a functionality within any promised timelines , or if we are unable to
provide a satisfactory work around for discontinued functionality, we will offer you a PRO-RATED REFUND
for the reminder of your contract.
Shipping Policy
It is not required!
Organization Accounts and
Administrators
When you sign up for an account for your organization you may specify one or more administrators. The
administrators will have the right to configure the Services based on your requirements and manage
end users
in your organization account. If your organization account is created and configured on your behalf
by a
third party, it is likely that such third party has assumed administrator role for your
organization. Make
sure that you enter into a suitable agreement with such third party specifying such party’s roles
and
restrictions as an administrator of your organization account.
You are responsible for (i) ensuring confidentiality of your organization account password, (ii)
appointing
competent individuals as administrators for managing your organization account, and (iii) ensuring
that all
activities that occur in connection with your organization account comply with this Agreement. You
understand that Pletox is not responsible for account administration and internal management of
the
Services
for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose
control of
the administrator accounts. You may specify a process to be followed for recovering control in the
event of
such loss of control of the administrator accounts by sending an email to hello@pletox.com, provided that the process is
acceptable
to
Pletox. In the absence of any specified administrator account recovery process, Pletox may
provide
control of an
administrator account to an individual providing proof satisfactory to Pletox demonstrating
authorization to
act on behalf of the organization. You agree not to hold Pletox liable for the consequences of any
action
taken by Pletox in good faith in this regard.
Personal Information and Privacy
Personal information you provide to Pletox through the Service is governed by Pletox Privacy Policy. Your election to use
the
Service
indicates your acceptance of the terms of the Pletox
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 user account and
you agree
to inform us immediately of any unauthorized use of your user account by email to accounts@pletox.com or by calling us on any of
the
numbers
listed on https://pletox.com/support.
We are
not
responsible for any loss or damage to you or to any third party incurred as a result of any
unauthorized
access and/or use of your user account, or otherwise.
Communications from Pletox
The Service may include certain communications from Pletox, such as service announcements,
administrative
messages and newsletters. You understand that these communications shall be considered 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.
Complaints
If we receive a complaint from any person with respect to your activities as part of use of the
Services
(other than where the grievance redressal mechanism provided under the head "Grievance Redressal"
applies),
we will forward the complaint to the primary email address of your user account. You must respond to
the
complainant directly within 10 days of receiving the complaint forwarded by us and copy Pletox in
the
communication. If you do not respond to the complainant within 10 days from the date of our email to
you, we
may disclose your name and contact information to the complainant for enabling the complainant to
take legal
action against you. You understand that your failure to respond to the forwarded complaint within
the 10
days’ time limit will be construed as your consent to disclosure of your name and contact
information by
Pletox to the complainant.
Grievance Redressal
In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines
and
Digital Media Ethics Code) Rules 2021, our Grievance Officer, Sreedharan K.S., can be contacted by
sending
an email to grc-support@pletox.com or by
phone at
18004196703.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of
120 days.
In the event of such termination, all data associated with such user 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. 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.
Hosting Location
The location of the cloud facility from which you are served depends on the mapping of your
region/country to
the available cloud facilities at the time of your sign-up. We may migrate your account or require
you to
migrate your account to a different cloud facility in the event of any updates to the region/country
to
cloud facility mapping at any point of time. You must not mask your internet protocol (IP) address
at the
time of sign-up since your region/country is determined base on your IP address. If, at any time,
your
actual region/country is found to be different from the region/country in our records, Pletox may
take
appropriate action such as migrate your account or require you to migrate your account to the cloud
facility
corresponding to your region/country, or close your account and deny the Service to you. If you
are
served from a cloud facility outside your region/country and a Pletox group entity has an office
in
your
region/country, apart from storing the data in the cloud facility assigned to you, we may store a
local copy
of the data in your region/country.
Data Ownership
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 Pletox the
license to
use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your
user
account for Pletox’s commercial, marketing or any similar purpose. But you grant Pletox
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. If
you are a
publisher of news and current affairs content as defined under Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules 2021, you shall furnish details to the Ministry of
Information and Broadcasting as required by rule 18. 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
Pletox will have the right to block access to or remove such content made available by you if
Pletox
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 Pletox for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content
transmitted or published using the Services, click here.
Sample files and Applications
Pletox 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. Pletox makes no warranty, either express or implied, as to
the
accuracy,
usefulness, completeness or reliability of the information or the sample files and applications.
Trademark
Pletox, Pletox logo, the names of individual Services and their logos are trademarks of Trumpets
Technologies
Private
Limited. You agree not to display or use, in any manner, the Trumpets trademarks, without Trumpets
prior
permission.
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. Pletox 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. Pletox MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR
ERROR 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 Pletox, ITS
EMPLOYEES OR
REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU AGREE THAT Pletox 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 Pletox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO
EVENT
SHALL Pletox’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT,
EXCEED
FIFTY
THOUSAND RUPEES (₹ 50,000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE
FIRST
EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.
Indemnification
You agree to indemnify and hold harmless Pletox, 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, except where such use is authorized by Pletox.
Governing law and Jurisdiction
Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated
exclusively
by the courts of Chennai in accordance with the laws of India without regard to 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. Objections to suspension or disabling of user accounts should be made to hello@pletox.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 Agreement and to terminate your access to any Beta Service in case of
unexpected
technical issues or discontinuation of the Beta Service. You have the right to terminate your user
account
if Pletox breaches its obligations under this Agreement and in such event, you will be entitled to
prorated
refund of any prepaid fees. Termination of user 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 user account.
Modification of Terms of Service
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 Pletox notice 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.
End Of Terms Of Service
If you have any questions or concerns regarding this Agreement, please contact us at hello@pletox.com.