THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND ITK SOLUTIONS (“ITK” / “Company”) GOVERNING YOUR USE OF AUTOGARAGE CRM, AN AUTOMOBILE GARAGE CUSTOMER RELATIONSHIP MANAGEMENT SERVICE.
You must be of legal age to enter into a binding agreement in order to accept the Terms. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the Terms or by actually using the Service. If you do not agree to these Terms, do not use the Service.
When you first sign up for access to the Service, you are placed on a 15 day trial where you can evaluate the Service subject to usage limit. ITK reserves the right to modify, cancel and/or limit the free trial period without any prior notice.
You need to sign up for a user account by providing all required information in order to access or use the Service. If you represent an organization and wish to use the Service 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: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) 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 If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if ITK has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Company may terminate your user account and refuse current or future use of the Service.
In addition to all the other Terms set forth, you shall not: (i) make the Service available to any third party; (ii) provide any service based on the Service without prior written permission; (iii) use the Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of ITK; (iv) violate any applicable local, state, national or international law; and (v) use the Service for illegal purposes which infringes or may infringe intellectual property or other rights of another.
The Service is currently offered under annual subscription plans. All fees payable are exclusive of the applicable taxes. The fees are based on the services purchased and not on actual usage. Payment obligations are non-cancellable and all fees paid are non-refundable. Fees are subject to payment prior to the activation of the Service. Payment can be made by wire transfer or cheque. From time to time, we may change the price of the Service without notice to you. Any increase in charges will not apply until the expiry of your then current billing cycle.
Except to the extent expressly authorized by these Terms or otherwise agreed in writing by the parties, you hereto agrees to keep confidential, any information that is designated as confidential information, price sensitive information, that information which is not a matter of public knowledge, intellectual property and such other personally identifiable information (“Confidential Information”) disclosed to you by ITK in connection with the negotiation or performance of these Terms.
We respect your right to ownership of content stored or created by you. You own the content stored or created by you. Unless specifically permitted by you, your use of the Service does not grant ITK the license to use, reproduce, adapt, modify, publish or distribute the content stored or created by you or stored in your user account for ITK’s commercial, marketing or any similar purpose. But, you grant ITK permission to access, copy, store, transmit and reformat the content of your user account solely as required for the purpose of providing the Service to you.
You agree to indemnify and hold harmless ITK, 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 Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorized by Company.
YOU AGREE THAT ITK 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 ITK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ITK’S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ITK 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. ITK MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE 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 SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ITK, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
We may suspend your user account or temporarily disable access to whole or part of the Service in the event of, a) breaches or violations of these Terms, b) requests by law enforcement or government agencies, c) a self-initiated account deletion request by you, d) discontinuance or material modification to Service (or any part thereof), or e) suspicion of illegal activity. Objections to suspension or disabling of user account should be made to firstname.lastname@example.org within thirty days of being notified about the suspension or disabling of user account. We may terminate a suspended or disabled user account after thirty days. Termination of user account will include denial of access to the Service, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
ITK and ITK logo are trademarks of Company. You agree not to display or use, in any manner, the ITK trademarks, without Company’s prior permission.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, or its statutory amendments. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Chennai and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Company may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. You may terminate your use of the Service by providing ITK notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. 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 Terms will be deemed to be your agreement to the modified Terms.