NON-LEGALESE, SIMPLE ENGLISH SUMMARY
TERMS OF SERVICE
Please understand that by accepting these terms and conditions, Customer represents and warrants that the Customer is major and thus legally capable to enter into contract and in case Customer is acting on behalf of some business entity, Customer is duly authorized to enter into agreement on behalf of the entity Customer is representing. Customer also represents and warrants that the Customer is not a competitor of Trycon Technologies.
Now therefore by clicking "I agree", ordering and/or using Trycon Technologies’s services, Customer agrees to be bound by all of the terms and conditions of this agreement (hereinafter referred to as the agreement)
This agreement is entered between Trycon Technologies a company registered under Companies Act 1956 in India, having its registered office at 2, Rail Vihar, Sector 33, Noida, Uttar Pradesh 201307, India and the payer or/and the recipient of services hereunder as identified as part of the subscription process for Trycon Technologies Services herein after called as “Customer”,
Now Whereas Customer and Trycon Technologies both hereby agree to the terms & conditions hereinafter mentioned:
1. SCOPE OF SERVICE:
Trycon Technologies offers Scanova services (The Service) which includes the following:
2. FREE TRIAL ACCOUNT:
If you register for a free trial account of the Service, we will make the Service (on a limited basis) available to you free of charge until the start date of your subscription or expiry of the free trial. If we include additional terms and conditions on the free trial account registration web page, those will apply as well. In the free trial account (i) the Service is provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Service for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Service.
3. LAWFUL USE OF THE SERVICES:
Customer hereby agrees to use the services of Trycon Technologies only in authorized manner as per terms of services/ package selected. In case it is found that use of services violates the terms of this agreement or any other law, rule or regulation enacted by the concerned authorities from time to time, Trycon Technologies reserves it’s right to terminate the agreement with immediate effect.
4. TRYCON TECHNOLOGIES’S RESPONSIBILITIES, REPRESENATIONS AND WARRANTIES:
In the performance of Services, Trycon Technologies agrees to:
4.2 Reasonable Attempts to Correct Errors on Notice:
Trycon Technologies warrants that it will at its expense make commercially reasonable attempts to correct any errors for which Trycon Technologies is directly and solely responsible by rerunning the Service, provided that the Data necessary to correct such errors is available to Trycon Technologies; or at Trycon Technologies’s option provide a credit to Customer equivalent to the charge that would have been applicable for correcting that portion of the Service that is in error, such credit will be only for errors due solely to malfunction of a system or Software provided by Trycon Technologies or any error made by Trycon Technologies’s personnel in the performance of the Service. To obtain the rerun Service or the credit, Customer must notify Trycon Technologies in writing of such errors within thirty days of receipt of the Services believed to contain the errors.
5. CUSTOMER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES:
Customer agrees to:
5.2 Customer Representations:
Customer represents and warrants to Trycon Technologies that: (a) the information Customer has provided for the purpose of establishing an account with Trycon Technologies is accurate, and (b) Customer has complied with and will continue to comply with all applicable privacy laws and has obtained and will continue to obtain the requisite privacy consents in the collection and use of all information that may be collected on any website or maintained on any server hosted by Trycon Technologies.
6. TERM, TERMINATION AND SUSPENSION OF SERVICE:
6.1 Initial Term:
The initial subscription term shall begin on the effective date of your Subscription and expire at the end of the period selected during the subscription process.
6.2 Termination by Customer:
Customer may terminate this Agreement before the end of the Term without liability (except for amounts due for Services provided up to the effective date of the termination) if “Trycon Technologies” (a) fails to provide the Services in accordance with the terms of this Agreement, such failure causes material harm to Customer and “Trycon Technologies” does not cure the failure within 10 days of receipt of notice in writing from Customer describing the failure in reasonable detail; or (b) materially violates any other provision of this Agreement and fails to cure the violation within 30 days of receipt of notice in writing from the Customer describing the violation in reasonable detail.
6.3 Termination by “Trycon Technologies”:
“Trycon Technologies” may terminate this Agreement before the end of the Term without liability (a) on 7 business days’ notice to Customer if Customer is overdue on the payment of any amount due under this Agreement; (b) if Customer materially violates any other provision of this Agreement and fails to cure the violation within 10 days’ notice in writing from “Trycon Technologies” describing the violation in reasonable detail; or (c) immediately on written notice upon Customer becoming insolvent or bankrupt within the meaning of the Bankruptcy and Insolvency Laws.
6.4 Following termination:
It is agreed that in case of termination, the fees owed to Trycon Technologies as per this agreement will not be cancelled or waived. Customer’s data and account settings shall be irrevocably deleted within 30 days from the date of termination. It shall be Customer’s exclusive responsibility to secure all necessary data from Customer’s account prior to termination.
6.5 Suspension of Service.
Trycon Technologies will be entitled to suspend the Service without liability if (a) Trycon Technologies, acting reasonably, believes that the Service is being used in violation of this Agreement or any applicable law; (b) Customer is in breach of any material term of this Agreement including, without limitation, failing to pay invoiced amounts in full within 30 days of the Due Date. The Customer will not be able to access any files on Trycon Technologies’s servers during a suspension of Service. Trycon Technologies will use commercially reasonable efforts to give the Customer advance notice in writing of a suspension of Service unless a law enforcement or governmental agency directs otherwise or suspension without notice is necessary to protect Trycon Technologies or its other customers. A suspension of Service under this subsection will not be considered a breach by Trycon Technologies of the terms of this Agreement.
6.6 Term of suspension and retention of data:
Trycon Technologies shall keep the account of customer suspended for the reasons stated in para (v) above for a maximum period of 1 Year, thereafter the account stands deleted and customers data/information shall be deleted from the database of Trycon Technologies. But on special request and on being assured by the customer about resumption of services, Trycon Technologies may extend the period of suspension and retain the data/information for further specified period of time as agreed.
6.7 Renewal of Term:
The paid subscription and this Agreement will automatically renew, if recurring purchase option has been kept enabled. If you have cancelled recurring purchase, your subscription will not be automatically renewed.
Trycon Technologies stores your payment information via its payments provider 2Checkout.
7. FEES, BILLING, TAXES, CHARGES:
The fees set forth in the order form created at the outset of “Customer’s” account shall be effective for the Initial Term, provided that Trycon Technologies shall have the right to revise these fees at any time upon thirty (30) days written notice to Customer. In the event that Customer does not agree with such fee revision, Customer shall have the right to terminate this Agreement upon thirty (30) days written notice, provided that such notice of termination must be received within thirty (30) days of date of notice of the fee increase.
7.2 Billing and Payment Arrangements
Trycon Technologies will bill Customer on an annual/quarterly/half yearly/monthly or any other mutually agreed period basis for all recurring fees (refer the link for payment/subscription plans). One‐time fees, including late payment fees, invoice processing fees, and returned check fees may occur at any time. All requests for refunds will be dealt with on a case-to-case basis. Invoices/payments are irrevocably deemed final and accepted by Customer unless disputed or sought clarification within thirty (30) days from the date of issue. Customer shall at all times provide and keep current and up‐to‐date Customer’s contact, credit card, if applicable, and billing information on the administrative control panel.
7.3 Payment by Credit Card/ Wire Transfer/Cheque:
For payment Trycon Technologies shall only provide an electronic invoice to Customer. Customer may view and print an invoice for Customer’s account. A request can be made for a PDF version of the invoice by sending an email to firstname.lastname@example.org. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. Trycon Technologies can allow any other mode of payment on special requests and circumstances of the Customer.
Customer acknowledges that the all applicable taxes, duties or government levies whatsoever are included in the fees and expenses charged under this Agreement.
8. MODIFICATION OF TERMS AND CONDITIONS:
Trycon Technologies may update, amend, modify or supplement the terms and conditions of this Agreement from time to time and will use reasonable efforts to notify Customer regarding the same. Customer is responsible for regularly reviewing the most current version of this Agreement at any time at http://scanova.io/terms-conditions. If at any time Customer do not agree with any amendment, modification or supplement to the terms and conditions of this Agreement, Customer may terminate this Agreement for convenience as per Clause 4 mentioned aforesaid. Customer’s continued use of Customer’s account and/or the services after the notice period will be conclusively deemed to be acceptance by Customer of any such modifications or amendment.
9. LIMITED WARRANTY; LIMITATION OF DAMAGES:
9.1 Trycon Technologies provides services “as is”. Customer expressly agrees that use of Trycon Technologies services is at Customer’s sole risk. Trycon Technologies and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non infringement. Customer hereby agree that the terms of this agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this agreement.
9.2 Trycon Technologies and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the services or from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission, regardless of whether Trycon Technologies has been advised of such damages or their possibility.
9.3 Customer agrees that Customer’s sole remedy for any claims regarding the Services is limited to the credits set forth and agreed as per tariff plan opted by the Customer
9.4 Customer is fully responsible for the content of the information and data passing through Trycon Technologies 's network or using the Services and for all activities that Customer conduct with the assistance of the Services.
10. SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS:
10.1 Ownership of Intellectual Property Rights:
All Intellectual Property Rights, including any Software, owned by a party, its licensors or subcontractors as at the effective date of this Agreement shall continue to be owned by such party, its licensors or subcontractors and, except as expressly provided in this Agreement, the other party shall not acquire any right, title or interest in or to such Intellectual Property Rights. Trycon Technologies shall own all right, title and interest in and to any materials created or developed by Trycon Technologies or its subcontractors for its internal use or for assisting Customer in the provision of the Services and Customer shall own all right, title and interest in and to any Intellectual Property Rights resulting or based on any work product created or developed exclusively for Customer under this Agreement if fully paid for by Customer.
10.2 Right to use logo:
The customer agrees to let Trycon Technologies use their organization's logo in Trycon Technologies’s customer list and at other places on its website (including but not limited to Scanova.io, Scanova.in, and scnv.in).
10.3 License of Customer Software and Intellectual Property:
Customer agrees to grant to Trycon Technologies, solely for Trycon Technologies’s provision of the Services, a license during the Term to use any Intellectual Property Rights, including any Software, owned by or licensed to Customer by third parties and that is necessary for providing the Services to Customer and otherwise performing its obligations under this Agreement. With respect to any Intellectual Property Rights and Software used by Trycon Technologies to provide the Services, Customer represents and warrants that: (a) Customer is either the owner of such Intellectual Property Rights or Software or is authorized by its owner to include it under this Agreement; and (b) Trycon Technologies has the right during the Term to use such Intellectual Property Rights and Software for the purpose of providing the Services to Customer as contemplated by this Agreement.
10.4 No Assurance of Compatibility:
Customer acknowledges that Trycon Technologies makes no representation, warranty or assurance that the Customer’s equipment and Software will be compatible with Trycon Technologies’s equipment, Software and systems or the Services.
11.1 Trycon Technologies will not use any of Customer’s Confidential Information except in connection with the performance of the Services or the exercise of its rights under this Agreement and will take all reasonable precautions to maintain the confidentiality of Customer’s Confidential Information and to prevent the unauthorized disclosure to others of the Confidential Information. Trycon Technologies shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to Customer by inadvertent breaches of confidentiality.
11.2 Trycon Technologies shall only disclose the Confidential Information to those of its employees and permitted agents and subcontractors who have a need to know and require access to the Confidential Information as may be reasonably necessary in the exercise of Trycon Technologies’s rights and performance of the Services under this Agreement. Notwithstanding anything to the contrary in this Agreement, Trycon Technologies will not be required to keep confidential, and may use or license without restriction, any ideas, concepts, know-how or techniques related to information processing which are developed by Trycon Technologies in the performance of Services.
11.3 Notwithstanding the foregoing, Trycon Technologies shall be permitted to: (i) monitor Customer’s use of the Services; (ii) report to the appropriate authorities any conduct by Customer (or Customer’s customers or end users) that Trycon Technologies reasonably believes violates any applicable law, (iii) provide any information, including Confidential Information, required by law or regulation to be disclosed, or in response to a formal or informal request from a law enforcement or government agency; and (iv) disclose that Trycon Technologies is providing the Services to Customer and may include Customer’s name in promotional materials including press releases and on Trycon Technologies’s website.
Customer shall indemnify, defend and hold harmless Trycon Technologies (and its subsidiaries, affiliates, officers, employees, agents, partners, mandatories, vendors and licensors) of any and all Claims (including third party Claims) arising as a result of or in relation to any breach of this Agreement or fault by Customer, or in relation to any activities conducted by Customer through the Services, or otherwise in relation to “Customer’s” products or services.
13. GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of India. Customer agree, in the event any claim or suit is brought in connection with this Agreement, it shall be brought to the exclusive jurisdiction and venue of the courts of Uttar Pradesh, India. In any action to enforce this Agreement, including, without limitation, any action by Trycon Technologies for the recovery of fees due hereunder, Customer shall pay reasonable attorneys' fees and costs in connection with such action.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other provisions of this Agreement, and this Agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by Trycon Technologies of any breach by Customer of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No such waiver shall be effective unless it is in writing signed by the parties hereto, and then only to the extent expressly set forth in such writing.
Neither party may assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, except with the prior written consent of the other party, which shall not be unreasonably be withheld; provided that Trycon Technologies may assign or transfer this Agreement, or any rights or obligations hereunder, in whole or in part: (i) to an affiliate of Trycon Technologies, (ii) in connection with a merger, amalgamation or sale of all or a substantial part of the business of Trycon Technologies, or (iii) for financing, securitization or other similar purposes, which assignments and/or transfers shall operate novation and discharge Trycon Technologies hereunder. A change of control of Customer shall be deemed to be an assignment and transfer hereunder and shall be governed by the requirements of this provision.
The terms and conditions along with privacy policies with all references, constitutes the sole and entire agreement of the parties to this agreement with respect to the subject matter contained herein, and supersedes all prior terms and conditions which were agreed by the Customer.