THE TERMS OF THIS MASTER SERVICES AGREEMENT ("AGREEMENT") GOVERN YOUR USE OF THE APPLICATION SERVICES (AS DEFINED BELOW) OF Scalend Technologies Pvt. Ltd., ("Scalend"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE Scalend's APPLICATION SERVICES. BY ACCEPTING THESE TERMS BELOW OR BY USING Scalend'S APPLICATION SERVICES IN ANY MANNER, YOU, THE ENTITY YOU REPRESENT AND ANY AFFILIATE OF SUCH ENTITY (COLLECTIVELY, "CUSTOMER") AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. THIS AGREEMENT IS ENTERED INTO AS OF THE DATE YOU ACCEPT THESE TERMS OR USE THE APPLICATION SERVICES ("EFFECTIVE DATE").
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Scalend may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Scalend liability. You must immediately notify Scalend of any unauthorized uses of your account or any other breaches of security. Scalend will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
FEES AND PAYMENT
By selecting a paid service you agree to pay Scalend the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a paid service and will cover the use of that service for a monthly or annual period as indicated.
Scalend provides a live demo plus it also provides free trial upto 30 days. Due to such pre-sales transparency, Scalend has no refund policy.
You may cancel your paid services at any time You need to send a mail to email@example.com. Once you cancel your subscription, you wouldn't be charged for the upcoming subscriptions. So incase, you want to cancel your subscription with Scalend kindly do it before the next subscription is due.
Support is available through Scalend docs and customer support system via email and call.
RESPONSIBILITY OF WEBSITE VISITORS
Scalend has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Scalend disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
CONTENT POSTED ON OTHER WEBSITE
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Scalend links, and that link to Scalend. Scalend does not have any control over those non-Scalend websites and webpages, and is not responsible for their contents or their use. By linking to a non-Scalend website or webpage, Scalend does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Scalend disclaims any responsibility for any harm resulting from your use of non-Scalend websites and webpages.
This Agreement does not transfer from Scalend to you any Scalend or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Scalend. Scalend and all other trademarks, service marks, graphics and logos used in connection with Scalend, or the Platform are trademarks or registered trademarks of Scalend or Scalend's licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any Scalend or third-party trademarks.
Scalend reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Scalend may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Scalend may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may follow cancellation request routine available on the Platform. Notwithstanding the foregoing, if you have a account, it can be terminated by Scalend if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Scalend's notice to you thereof; provided that, Scalend can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
The Platform is provided "as is". Scalend and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Scalend nor its suppliers and licensors, makes any warranty that the Platform will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will Scalend, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Scalend under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Scalend shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You agree to indemnify and hold harmless Scalend, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Platform, including but not limited to out of your violation this Agreement.
The Platform may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Scalend is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
This Agreement constitutes the entire agreement between Scalend and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Scalend, or by the posting by Scalend of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Platform will be governed by the laws of the state of Maharashtra, India, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maharashtra, India.The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Scalend may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Customer shall use the Application Services only in compliance with all applicable laws, including any applicable privacy laws, and the terms of this Agreement. Customer shall not and shall not permit or authorize any third party to: (i) copy, rent, sell, lease, sublicense, distribute, assign, or otherwise transfer or encumber rights to the Application Services, or use the Application Services for the benefit of any third party, or make the Application Services available to anyone other than its Authorized Users; (ii) use the Application Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, or to process, send or store Sensitive Information, infringing or unlawful material, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (iii) circumvent or disable any digital rights management, usage rules, or other security features of the Application Services, or otherwise attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Application Services or the data contained therein; (iv) modify, copy, translate, enhance, decompile, disassemble, reverse engineer or create derivative works based on the Application Services, or any portion thereof; (v) access or use the Application Services for the purpose of building a competitive product or service or copying its features or user interface; (vi) remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the Application Services; or (vi) use the Application Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Application Services.
USE OF LOGO
Customer shall grant Scalend and its Affiliates permission to use Customer's name and logo in its or its Affiliates marketing materials and bid documentation in relation to potential transactions.