General Service Agreement of Batoi Systems Private Limited.
(Last Updated: November 17, 2012. Effective from: December 1, 2012)
This is an agreement between you and BATOI SYSTEMS PRIVATE LIMITED that describes your rights to use the software and services offered by Batoi. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement because all of the terms are important and together create a legal agreement, once accepted by you, that applies to you.
What services are covered by this agreement? This agreement applies to Batoi Cloud Platform, Batoi Apps, Batoi Portal Systems, Batoi Enterprise Systems, and Batoi Opensource Systems (the foregoing are collectively referred to as the "Batoi services"), and any other software, website, or service that links to this agreement (collectively the "services"). The services might not be compatible with software or services provided by third parties.
What terms must I abide by when using the services? Our goal is to create a safer and more secure environment and therefore we require that, when using the services, users abide by these terms, the Batoi Accepted Use Policy, which is incorporated into this agreement by this reference (the "agreement").
How do I accept this agreement? By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this agreement without modification by you. If you don't agree, you can't use the services.
Can Batoi change these terms after I have accepted them? Yes. From time to time, Batoi may change or amend these terms. If we do, we'll notify you, either through the user interface, in an email message, or through other reasonable means. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you don't agree to the changes, you must stop using the services and cancel any paid services. Otherwise, the new terms will apply to you.
What types of changes can I expect to the services? We continuously work to improve the services and may change the services at any time. Additionally, there are reasons why Batoi may stop providing portions of the services, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may release the services or its features in a beta version, which may not work correctly or in the same way the final version may work.
What is a Batoi account? To access Batoi services, you will need a Batoi account. The Batoi account, is the credentials you will use to authenticate with our network. To create a Batoi account, you must provide a user name and password, and "account proofs," such as an email address and mobile number. Existing Batoi account holders may need to provide "account proofs" to continue using their Batoi account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your Batoi account. If your Batoi account is cancelled by you or by us due to failure in adhering to our Legal Terms, your data will be permanently deleted from our servers.
What if I can't access my Batoi account? If you've forgotten your password or otherwise can't access your Batoi account, you can recover your Batoi account by visiting the Reset your password webpage (https://www.batoi.com/login/reset-password/). Batoi doesn't guarantee that your Batoi account will be restored or your content (as defined later) will be safeguarded.
Who owns the content that I put on the services? Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email, and instant messages ("content"). Except for material that we license to you that may be incorporated into your own content, we don't claim ownership of the content you provide on the services. Your content remains your content, and you are responsible for it. We don't control, verify, pay for, or endorse or otherwise assume any liability for the content that you and others make available on the services.
Who can access my content? You have initial control over who can access your content. If you share content in public areas of the services or in shared areas available to others you've chosen, you agree that anyone you've shared content with can, for free, use, save, reproduce, distribute, display, and transmit that content in connection with their use of the Batoi services. If you don't want others to have that ability, don't use the services to share your content. If you use or share content on the services in a way that infringes others' copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this paragraph, won't violate any law.
What does Batoi do with my content? When you upload your content to the services, you agree that it may be used, modified, adapted, saved, reproduced, distributed, and displayed to the extent necessary to protect you and to provide, protect and improve Batoi products and services. For example, we may occasionally use automated means to isolate information from email, chats, or photos in order to help detect and protect against spam and malware, or to improve the services with new features that makes them easier to use. When processing your content, Batoi takes steps to help preserve your privacy.
What type of content isn't permitted? Content that violates this agreement which includes the Batoi Accepted Use Policy or your local law isn't permitted on the services. Batoi reserves the right to review content for the purpose of enforcing this agreement. Batoi may block or otherwise prevent delivery of any type of email, data, instant message, or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.
Can Batoi remove my content from the services? Yes. We may ask you to remove your content from the services if it violates this agreement or the law. Failure to comply may result in loss of access to, or cancellation of, the services or your Batoi account. Additionally, BATOI may remove your content without asking you if we determine it's in violation of this agreement or the law, or if we receive a notice of intellectual property infringement from a third party.
What happens if I don't abide by the terms of this agreement? If you violate this agreement, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, canceling your services, and/or referring such activity to appropriate authorities. Additionally, we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers. In the event we take action against you for a violation of this agreement, we may permanently delete, and you may permanently lose some or all of your content stored on the services and/or we may cancel your services in its entirety. Data that is deleted will be irretrievable.
Are there other ways I could lose access to the services? Yes. Portions of the services require that you sign into your Batoi account at least once every 270 days. Failing to do so will (unless provided otherwise in an offer for paid services) result in a closure of your access to and use of that portion of the services, and you may permanently lose your content on that portion of the services. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel that service.
How can I terminate the services? You may terminate the services at any time and for any reason. You can do this by logging into your Account webpage (https://www.batoi.com/my/) and following the account closure process. If you are canceling your services, the quickest means of eliminating your content on the services is to manually remove it from the various components of the services. However, please note that while content you've deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.
What happens if my services are canceled or terminated? If your services are canceled or terminated (whether by you or us), your right to use the services stops immediately and your license to use our software ends. You must then uninstall the software (if an installation on desktop or tablet or mobile device is available), or, alternatively, we may disable it. If your services are canceled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you.
Does Batoi collect my personal information? Your privacy is important to us. We use certain information that we collect from you to operate and provide the services. Additionally, as part of the services, we may also automatically upload information about your machine, your use of the services, and services performance. We may use technologies, such as placing cookies on your machine, to help us gather such information. Please read the Batoi Online Privacy Statement (https://www.batoi.com/company/legal/privacy/) to learn how we use and protect your information.
Does Batoi disclose my personal information outside of Batoi? You consent and agree that Batoi may access, disclose, or preserve information associated with your use of the services, including (without limitation) your personal information and content, or information that Batoi acquires about you through your use of the services (such as Internet Protocol address or other third-party information) when Batoi forms a good faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this agreement or protect the rights or property of Batoi or our customers; or (c) to help prevent a loss of life or serious physical injury to anyone.
How does Batoi respond to legal process? Similar to other providers of Internet services, Batoi may be served with legal demands and requests from law enforcement, government entities, and private litigants for content stored on our network. This information may relate to an alleged crime or civil matter and is usually requested pursuant to the normal legal process of the country or locality where the activity occurred. BATOI may be obligated to comply with requests for your information or your content as part of such investigations or legal proceedings.
How is my data backed up against service disruption? We strive to keep the services up and running; however, all online services suffer occasional disruptions and outages, and Batoi isn't liable for any disruption or loss you may suffer as a result. You should regularly back up the content that you store on the services. Having a regular backup plan and following it can help you prevent loss of your content.
What terms govern the software that is part of the services? If you use or receive software from us as part of the services, it's governed by one of two sets of license terms (the "license terms"): If you are presented with a license for the software, the terms of that license apply to the software; if no license is presented to you, the terms of this agreement apply not only to the services but also to the software. The software is licensed, not sold, and Batoi reserves all rights to the software not expressly granted by Batoi under the license terms, whether by implication, or otherwise. If this agreement governs the website you are viewing, any third-party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Batoi.
How can I use the software that is provided as part of the services? We grant you the right to install and use one copy of the software per device for use by only one person at a time as part of your use of the services, but only if you comply with all other terms in this agreement.
Are there things I can't do with the software or services? Yes. In addition to the other restrictions in this agreement, you may not circumvent or bypass any technological protection measures in or relating to the software or services or disassemble, decompile, or reverse engineer any software or other aspect of the services that is included in or accessible through the services, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or services for use on different devices; publish, copy, rent, lease, or lend the software or the services; or transfer the software, any software licenses, or any rights regarding the services, except as expressly permitted by this agreement. You may not use the services in any unauthorized way that could interfere with anyone else's use of it or gain access to any service, data, account, or network. You may not enable access to the services by unauthorized third-party applications.
How is the software updated? We may automatically check your version of the software. We may also automatically download updates to the software from time to time. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, those other terms apply. Batoi isn't obligated to make any updates available and doesn't guarantee that we'll support the version of the system for which you licensed the software. Such updates may not be compatible with software or services provided by third parties.
Charges. If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment could result in a loss of access to and use of your account and its content.
Your billing account. To pay the charges for a service, you will be asked to provide a payment method at the time you subscribe to your first service. You can access and change your billing account information and payment method on the Billing and Account Management website (https://www.batoi.com/my/). Additionally, you agree to permit Batoi to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account information current at all times. Changes made to your billing account won't affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
Billing. By providing Batoi with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Batoi to charge you for the service using your payment method; and (iii) authorize Batoi to charge you for any paid feature of the service that you choose to sign up for or use while this agreement is in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of any change in the amount to be charged for recurring subscription services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
Automatic renewal. Provided that automatic renewals are allowed in your country, province, or state, we'll inform you by email before automatically renewing your services. Once we have informed you that the services will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We'll also remind you that we'll bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We'll also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.
Online statement and errors. We'll provide you with an online billing statement on the Billing and Account Management website (https://www.batoi.com/my/), where you can view and print your statement. This is the only billing statement that we provide. It's your responsibility to print or save a copy of each online statement and retain such copy for your records. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We'll then promptly investigate the charge. If you don't tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Batoi has identified a billing error, we'll correct that error within 90 days.
No Money-back Claim. When you request a service from us, you agree that we may begin to provide the services immediately. You may cancel paid services. However, there can be no claim by you for reimbursing the payment made for the period of service availed to you. However, Batoi can claim in all its rights for any pending payment for the service(s) availed to you.
Trial period offers. If you are taking part in any trial period offer, you must cancel the services by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you don't cancel your services at the end of the trial period, we may charge you for the services.
Price changes. We may change the price of the services at any time and will notify you by email at least 15 days before the price change. If you don't agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the term.
Refund policies. Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable.
Canceling the services. You may cancel the services at any time, with or without cause. Information and direction on how to cancel your services is provided on the My Batoi website (https://www.batoi.com/my/). Unless otherwise required by the law of your jurisdiction, you should refer back to the offer describing the services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the services. If you cancel, your services end at the end of your current service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
Late payments. You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.
Payments to you. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Internet access services and charges. Batoi services do not include charges for Internet access. You are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any wireless or other communication service.
BATOI, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." BATOI DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.
If Batoi breaches this agreement, you agree that your exclusive remedy is to recover, from Batoi or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your services fee for one month (provided timely payment during the entire period of service). You can't recover any other damages or losses, including, without limitation, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.
You are contracting with BATOI SYSTEMS PRIVATE LIMITED, Plot No. 421, Saheed Nagar, Bhubaneswar 751 007 (INDIA). Law of Indian Republic governs the interpretation of this contract and applies to claims for breach of it, regardless of choice of law principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Indian Republic and in the Cuttack High Court in the state of Odisha.
You may be able to access third-party websites or services via the services. Batoi isn't responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party's terms and conditions.
All sections will survive any termination or cancellation of this agreement.
We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
You consent to Batoi providing you notifications about the services or information the law requires us to provide via email to the address that you specified when you signed up for the services. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receiving notices electronically, you must stop using the services. You may notify Batoi as stated in customer support for the services.
Any claim related to this agreement or the services must be brought within one year of the date you could first bring the claim. If not filed within that time, then it's permanently barred.
This is the entire agreement between you and Batoi for your use of the services. It supersedes any prior agreements between you and Batoi regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change. The agreement's section titles are for reference only and have no legal effect.
This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for Batoi's successors and assigns.
If you have any questions about this agreement or violation of any of its clauses, contact us.