Effective as of October 9, 2018
This website, https://profyt.io, including all services, tools and software (hereinafter the "Website") are controlled and provided by Kivee Web Solutions Pvt. Ltd., incorporated in India (hereinafter "Company" or “we”).
For clarifications of this Agreement the terms below shall have the following meaning:
- the term "Support" shall mean the following address https://support.profyt.io through which you can contact us.
By using and accessing the Website you agree to be bound by these Terms and Conditions (hereinafter the "Agreement") and Privacy Notice published separately on this Website.
You agree to use the Website in accordance with and subject to the Agreement. The Agreement as set out hereunder constitutes the entire agreement between you as a user of the Website (hereinafter "you") and the Company.
Your use of the Website is subject to the Agreement in effect at the time of your use. We reserve the right to update and change the Agreement from time to time. We will inform you about the update by publishing an announcement on the Website or via electronic communication.
If you are an individual acting as a representative of a legal entity which wishes to use the Website and its services then you represent and agree that you have the authority to accept the Agreement, Privacy Notice, and Data Processing Agreement on behalf of such legal entity and that all provisions of the Agreement, Privacy Notice and Data Processing Agreement will bind the legal entity as if it were named in the Agreement, Privacy Notice, and Data Processing Agreement in place of you.
Our Privacy Notice and Data Processing Agreement are parts of the Agreement between you and us. The Privacy Notice is published separately and regulates issues arising from the processing of your personal data. The Data Processing Agreement regulates issues arising from the processing of personal data which you provide us as a data controller.
The Website is devised to help product owners to create analytics, collect sales records and receive an overview of their business. The Website allows managing tasks, messages, testimonials, ratings, make contests, and other services and tools which we made available on the Website.
We are not liable for any disputes between product owners, their affiliates, representatives, agents, consumers, and other parties associated with them. Any dispute between product owners, their affiliates, representatives, agents, consumers, and other parties associated with them shall be resolved in accordance with agreements concluded between the respectful parties and applicable law.
You must be at least 18 years old and be in full legal capacity to use the Website.
The Website is only for the use of legal entities which provide product owners’ services. You have to be an authorized representative with the authority to bind respectful legal entities to this Agreement.
End-users of the Website may be product owners, their affiliates, representatives, agents, consumers, and other parties associated with them in specific cases such as reviews or any other services and tools for end-users which we made available on the Website.
We may modify the Agreement from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. We reserve the right to update and change the Agreement from time to time. We will inform you about the update by publishing an announcement on the Website or via electronic communication.
Your continued use of the Website after any posted modification to the Agreement indicates your acceptance of the modification.
To use some of the features of the Website, you will be required to create an account and provide information about yourself to us. When you register, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of your account passcode and are responsible for all activities that occur on or through your account, whether authorized by you or not.
We will not be liable for any loss or damage arising from your failure to maintain control over access to your account
You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or disconnect your account at any time without explaining a reason.
The Website and its services may be made available in free or paid versions and/or in different service levels. When there is a price for any service we provide, we will indicate the respectful price on relevant pages of the Website.
Not all of the features and functionality of the Website may be available in each version or service. The features and functionality of each version or service level may be changed from time to time at our discretion.
We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website or its services (or any part thereof) with or without notice at any time. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website unless it contradicts the applicable law.
In order to register for or use services of the Website, you may be required to provide us with billing and account information (hereinafter the "Billing Information") for a credit card or another payment system for which you are authorized to approve payments (hereinafter each, a "Payment Source").
You must provide us with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
You authorize us to automatically and immediately bill your Payment Source when payments for your use of the paid or trial version of the services are due, without any further action on your part or other prior notice from us. You assume full responsibility for such payments, even if such payments are declined or not paid by your Payment Source. Your payment to us will automatically renew at the end of the subscription period, unless you cancel your paid subscription.
The payments consist of various payments such as service fees and periodic payments. The amounts of the both types of the payments are set and present on the respectful pages of the Website.
If your Payment Source is invalid or payments billed to your Payment Source are declined or not paid, or if you fail to pay payments for a paid version of the Website or its services when due, your account may be downgraded, suspended or disconnected, at our discretion. If your account is suspended, we may, but are not obligated to, maintain your account and/or related content and information, in order to allow you pay the past due payments and restore your account. If the payments are not paid, your account may be disconnected.
Unless stated to the contrary by the applicable laws, for the first month of your use of the paid version of the services you have the right to receive a full refund within 30 (thirty) calendar days of purchase (hereinafter the “Refund Period”). We are not responsible for refunding any service fees which may be included by your Payment Source. To receive the full refund you shall write to the Support no later than 48 (forty eight) hours before the expiration of the Refund Period. In case if you fail to comply with the Refund Period, you may not receive the full refund.
We, in our sole discretion, may terminate your account and remove and discard any content within Company for any reason, including and without limitation lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of the Agreement, Privacy Notice or Data Processing Agreement. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at our discretion, may be terminated as well.
We, in our sole discretion and at any time, may discontinue providing the Website and its services, or any part thereof, with or without notice. Any termination of your access to the Website under any provision of the Agreement may be effected without prior notice. We may immediately deactivate or delete your account and all related information and content. We reserve the right to bar any further access to such information or content or Company's services and web properties. We shall not be liable to you or any third party for any termination of your access to the Website or its services.
After termination of your account, you will no longer have access to your account and all information and content in your account, or that you have stored on Company, may be deleted by us, unless the retention data rules are applicable. We will have no liability for information or content that is deleted due to the termination of your account.
By using the Website, you are granting us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your content, subject to any restrictions on such distribution which you may implement through any content distribution controls provided to you by us as part of the Website and its services. This license ends when you delete your content or your account (except to the extent that your content has been shared with others or syndicated to third parties and they have not deleted it). You may always decline to submit content to the Website, but please be aware that your decision may prevent you from being able to use all or portions of the Website and and its services.
You acknowledge that we do not pre-screen content, but that we will have the right in our sole discretion to refuse or remove any content that is available via the Website.
You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content and you understand that all content is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Website. We do not control the content posted via the Website and, as such, do not guarantee the accuracy, integrity or quality of such content.
You represent that you own, or have the necessary permissions to manage, and authorize the use of, your content. You may not imply that your content is in any way sponsored or endorsed by us.
You may expose yourself to liability if, for example, your content violates any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false or intentionally misleading; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Website.
We may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement, Privacy Notice or Data Processing Agreement; (c) respond to claims that any content violates the rights of any third party; or (d) protect the rights, property, or personal safety of us, our users and the public.
The technical processing and transmission of the Website, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Company may provide, or third parties may provide, links to other content, products, services or web properties, which are not owned or operated by us. Because we have no control over such content, products, services or web properties, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or web properties.
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (hereinafter the "Materials") contained in the Website are protected by copyright, trademark, and other intellectual property laws under national laws and international treaties. Company or its licensors retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from us. Other than explicitly provided herein, nothing in these terms and conditions shall be construed as inferring by implication or otherwise any license or right under any copyright, trademark, or other intellectual property or proprietary interest of Company, its licensors or any third party. Any persons breaching any of this provision will be prosecuted.
Content contained in sponsor advertisements or information presented to you through the Website or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, any necessary software used in connection with Company, or any advertiser's content, in whole or in part.
We do not want to receive confidential or proprietary information from you through the Website or by email. Unless otherwise agreed in writing by an authorized Company's representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to content or to your personal information that is subject to the Privacy Notice.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Website, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
We are under no obligation to monitor the Website, its content, your content, or third-party content unless required by the applicable law. However, we reserve the right to investigate possible violations of the Agreement, block users, accounts, profiles, Company's network write-ups, or any other content from Company, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including your content, in accordance with our Privacy Notice and the applicable law.
In addition to limitations of our liability mentioned above, to the fullest extent permissible for an intermediary service provider, we exclude and disclaim terms and conditions, and representations that might otherwise be implied by law in relation to the Website, the content and/or all services supplied by us in connection with the Website.
The content on the Website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the content.
Any reliance on any content such as opinion, advice, statement, or other information shall be at your sole risk.
We may, in our sole discretion, correct any errors or omissions in any portion of the Website and to make any changes to the features, functionality or content of the Website at any time.
We may, in our sole discretion, edit or delete any documents, information, comments, testimonials or other content on the Website.
We do not guarantee that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected.
We are not liable for any failure or delay in performance of our obligations under the Agreement, arising from acts, events, omissions or accidents beyond our reasonable control.
By sending us any ideas, suggestions, documents or proposals (hereinafter the "Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and, (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Any dispute between you and us shall be resolved through negotiation via our Support.
Any unresolved dispute through the negotiation procedure shall be resolved by a competent court of India in Pune. In case if the Pune Court has no jurisdiction over the dispute according to the applicable law, the question of the jurisdiction shall be resolved according to the applicable law.
The Agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of India, without regard to its conflict of laws rules.
The Agreement was originally written in English. We may translate the Agreement into other languages. In the event of a conflict between a translated version of the Agreement and the English version, the English version will control.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, including those regarding changes to the Agreement by email, regular mail or postings on this Website.
The Agreement contains the entire agreement between you and us regarding the use of the Website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in the Agreement.
Any failure on our part to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any part of the Agreement is determined to be invalid or unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
The Agreement is not assignable, transferable or sub licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Agreement shall be void.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
On occasions, we may supply statistics or conduct a research in this market segment. These statistics never contain personally identifying information.
Please contact us via the Support with any questions regarding the Agreement, Privacy Notice, Data Processing Agreement or other related matters. Please report any violations of the Agreement by contacting us.