Terms of Service – India
Last updated on: 27 th February 2024
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND CRUDOIMAGE PHOTOGRAPHIC TECHNOLOGIES PVT LIMITED (HEREINAFTER “Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business)”) GOVERNING YOUR USE OF Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) SUITE OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE IF YOU ARE BASED IN INDIA. IF YOU ARE NOT BASED IN INDIA, OUR GLOBAL TERMS OF SERVICE WILL APPLY.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to the use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Agreement
You must be of legal age to enter into a binding agreement to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.
Description of Service
We provide cloud software and applications for businesses, including associated offline and mobile applications (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Beta Service
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.
Free Trial
If you register for a free trial of one or more Services, Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable Services (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable Services, or (iii) termination by Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) in its sole discretion. Any data that you enter into the Services, and any customizations made to the Services during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support, or liability whatsoever, to the extent permitted by law.
User Sign up Obligations
You need to sign up for a user account by providing all required information to access or use the Services. If you represent an organization and wish to use the Services 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: (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) 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 Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) may terminate your user account and refuse current or future use of any or all of the Services.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make them available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; (v) use the third party links to sites without agreeing to their website terms & conditions; (vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; (vii) attempt to gain unauthorized access to the Services or its related systems or network; (viii) use the Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, resource of Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business); (ix) use the Services to send or store material containing software viruses, worms, or other harmful computer codes, files, scripts, or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security, or performance of the Services, its components, and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; (xii) violate any applicable local, state, national, or international law; (xiii) use the Services for any form of competitive or benchmarking purposes; and (xiv) remove or obscure any proprietary or other notices contained in the Services; (xv) use our Services in any manner that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other countries; (xvi) create a false identity to mislead any person as to the identity or origin of any communication; (xvii) use the services for transmitting information that is patently false and untrue and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or (xviii) use the services in a manner that relates to or encourages any activity prohibited by law in India.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another’s privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Third Party Applications
Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) Services integrate with many third party applications (hereinafter “Third Party Application(s)”). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) may, at any time and in our sole discretion, and without any notice to you, suspend, restrict, or disable access to or remove from Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill, or other intangible losses.
Fees and Payments
The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) to charge the subscription fee to the Credit Card last used by you. Please click here to know about our Refund Policy.
From time to time, we may change the price of any Service or charge for the use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
In the event any tax such as GST, VAT, sales tax, or the like is chargeable by Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) in accordance with any local, state, provincial, or foreign laws with respect to your subscription to our Services (“Taxes”), Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) will invoice you for such Taxes. You agree to pay Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) such Taxes in addition to the subscription fees. Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) shall provide you with a valid tax invoice as required under applicable laws for the amounts charged hereunder.
Limitation of Liability
You expressly understand and agree that Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services. In no event shall Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business)’ total liability to you for all damages, losses, and causes of action (whether in contract, tort including negligence or otherwise) exceed the amount paid by you, if any, for accessing or using the Services.
Trademarks
The trademarks, logos, and service marks displayed on the Services (collectively, the “Marks”) are the property of Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) and its licensors. You are not permitted to use the Marks without the prior written consent of Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) or the respective licensor of the Marks.
Modification to Terms
Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes.
General
This Agreement shall be governed by the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and courts located in New Delhi, India, and you hereby submit to the personal jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of Crudoimage Photographic Technologies Private Limited (Brand Name: GROW10X.Business) to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Contact Information
If you have any questions or concerns regarding this Agreement, you can contact us by emailing at support@grow10xbusiness.com
Indian Operating Address:
1A Netaji Road, Newtown, Coochbehar, WestBengal, 736101