Terms Of Services

October 2015

The following Agreement is a legal agreement between (a) you (either an individual or an entity, as applicable) and (b) Talent Trove (India) Pvt. Ltd. ("TTIPL") that governs your use of Keettoo software including user manual and any other associated documentation as well as any and all derivatives thereof ("Software").


BY DOWNLOADING, INSTALLING, COPYING AND/OR USING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE AND CONSENT TO BE BOUND BY THE TERMS OF SERVICE ("TERMS") OF THIS AGREEMENT. The Software is provided to you under this Agreement solely for your private, non-commercial use. Use of the Software within an organization or the use of multiple copies of the Software requires a commercial license for the Software.


If you do not agree with the TERMS of this Agreement, do not continue the installation/registration process and delete or destroy all copies of the Software in your possession.


If you use the Software in conjunction with products proprietary to third parties, you must also read, agree to and comply with the terms and conditions set out in the relevant third party license terms.


This Agreement applies to all users of the Software. Information provided by our users through the Software may contain links to third party websites that are not owned or controlled by TTIPL. TTIPL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Software will not and cannot censor or edit the content of any third-party site. By using the Software, you expressly acknowledge and agree that TTIPL shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.


You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the TERMS herein.


  1. Your Privacy Rights & Who To Contact

    Subject to the TERMS of this Agreement, TTIPL grants you a personal, worldwide, nonexclusive, non-transferable, non-sub licensable, limited license to download and use the Software. This license is only for the benefit of the users authorised under this license.

    You may install and use a single copy of the Software on a single device under your control. The Software may not be transferred in any manner or to any other device, system or network following such installation.

    You must acquire additional single user licenses for each additional device in relation to which you wish to install the Software. The Software may be used only for internal business purposes and not for providing training or any other service including but not limited to data processing or bureau services to anyone else. You understand that TTIPL may update the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this Agreement.


    You shall not:-

    (a)    use the Software or any part thereof on any equipment of a type, category or for an additional number of users other than that for which the license is granted;

    (b)    make copies of the Software except one copy of the Software (but not the user manual and associated documentation) for security and back-up purposes provided that you reproduce all copyright notices, trademarks, legends and logos on the back-up copy and maintain an accurate record of the location of the backup copy;

    (c)    loan, distribute, rent, assign, sub-license, transfer or otherwise provide (whether electronically or otherwise) the Software or any copy or part of it to anyone else (including, to avoid doubt, any parent or subsidiary company) or make the Software available for use by others in any time sharing, service bureau or similar arrangement or otherwise;

    (d)    alter, remove, obscure, conceal or otherwise interfere with any markings on or writing on the Software or the manual or associated documentation which refers to TTIPL and must not interfere with any other copyright notices;

    (e)    reverse engineer, disassemble, reverse translate, or in any way decode the Software or any copy or part of it in order to derive any source code, save only as is permitted by any applicable law. WARNING: The software source code and the valuable trade secrets contained in it are not licensed to you under this license agreement; and

    (f)    adapt, alter, modify, translate or create derivative works of the Software.


  2. Proprietary Rights

    The design of the Software along with Software created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to TTIPL (or its affiliate companies), subject to copyright and other intellectual property rights under applicable laws and international conventions. The Software is provided to you on an AS IS basis for your information and personal use only. TTIPL reserves all rights not expressly granted in and to the Software. You agree to not to take any action to jeopardize, limit or interfere in any manner with TTIPL's ownership of these rights with respect to the Software.


  3. Effective Period

    This Agreement becomes effective when you first install/operate the Software. Any breach of the TERMS of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law or equity, you agree to immediately destroy all copies of the Software, completely purge the Software from any system/equipment, and certify to TTIPL and/or your supplier that they have been so destroyed.


  4. Disclaimer of Warranties

    YOU AGREE THAT YOUR USE OF THE SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TTIPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF. TTIPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND ALL SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED. TTIPL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SOFTWARE. TTIPL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND TTIPL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


  5. Limitation of Liability

    WITHOUT PREJUDICE TO CLAUSE 6 HEREINABOVE, IN NO EVENT WILL TTIPL OR ITS SUPPLIER BE LIABLE FOR (1) DIRECT, (2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS) OR ANY OTHER LOSS RESULTING FROM ANY DEFECT IN AND/OR USE OF THE SOFTWARE EVEN IF TTIPL OR ITS SUPPLIER OR ANY SUCH ENTITY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

    NOTWITHSTANDING THE ABOVE, IF ANY LIABILITY SHOULD ARISE ON TTIPL'S PART OR THAT OF ITS SUPPLIER BY REASON OF THE LICENSING OR USE OF THE SOFTWARE OR OTHERWISE WHETHER DUE TO TTIPL, ITS SUPPLIER OR ANY OTHER SUCH ENTITY'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES WHATSOEVER EXCEED THE PRICE PAID BY YOU FOR THE LICENSE TO USE THIS SOFTWARE OR AT THE OPTION OF TTIPL OR YOUR SUPPLIER AS THE CASE MAY BE THE COST OF REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE.


  6. Indemnity

    You agree to defend, indemnify and hold harmless TTIPL, its affiliate companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Software; (ii) your violation of any term or clause of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Software.


  7. General

    The TERMS of this Agreement, together with the Privacy Policy and any other legal notices published by TTIPL (or its affiliate companies), shall constitute the entire agreement between you and TTIPL concerning the Software. Nothing in this Agreement or otherwise shall obligate either party to enter into any further or future agreement with the other.

    TTIPL reserves the right to amend or modify this Agreement at any time, and it is your responsibility to review this Agreement for any changes. If you do not agree to the revised TERMS of this Agreement, your only recourse is to discontinue the use of the Software. Your continued use of the Software following any amendment of this Agreement will signify your assent to and acceptance of its revised TERMS.

    Failure by either you or TTIPL to exercise or enforce any available rights shall not amount to a waiver of such rights or the future exercise of such rights or any future rights.

    If any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this Agreement shall remain valid and enforceable according to its TERMS.

    This Agreement shall inure to the benefit of and be binding upon TTIPL and you and TTIPL's successors and permitted assigns; provided, however, that, except as otherwise expressly contained in this Agreement, you shall not make any assignments of this Agreement or any interest herein, without the prior written consent of TTIPL.

    To avoid doubt, if your supplier under this Agreement is not TTIPL, then TTIPL shall be a third party beneficiary of this Agreement and the provisions herein shall be enforceable against TTIPL in addition to the supplier.


  8. Contact Information

    Should you have any questions, complaints, or feedback related to Keettoo, please contact us at info@keettoo.com.

June 2016

The following Agreement is a legal agreement between (a) you (either an individual or an entity, as applicable) and (b) KSC Software Pvt. Ltd. ("KSC") that governs your use of Keettoo software, including user manual and any other associated documentation as well as any and all derivatives thereof ("Software") .


BY DOWNLOADING, INSTALLING, COPYING AND/OR USING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE AND CONSENT TO BE BOUND BY THE TERMS OF SERVICE ("TERMS") OF THIS AGREEMENT. The Software is provided to you under this Agreement solely for your private, non-commercial use. Use of the Software within an organization or the use of multiple copies of the Software requires a commercial license for the Software.


If you do not agree with the TERMS of this Agreement, do not continue the installation/registration process and delete or destroy all copies of the Software in your possession.


If you use the Software in conjunction with products proprietary to third parties, you must also read, agree to and comply with the terms and conditions set out in the relevant third party license terms.


This Agreement applies to all users of the Software. Information provided by our users through the Software may contain links to third party websites that are not owned or controlled by KSC. KSC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Software will not and cannot censor or edit the content of any third-party site. By using the Software, you expressly acknowledge and agree that KSC shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.


You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the TERMS herein.

YOUR PRIVACY RIGHTS

Subject to the TERMS of this Agreement, KSC grants you a personal, worldwide, nonexclusive, non-transferable, non-sub licensable, limited license to download and use the Software. This license is only for the benefit of the users authorised under this license.


You may install and use a single copy of the Software on a single device under your control. The Software may not be transferred in any manner or to any other device, system or network following such installation.


You must acquire additional single user licenses for each additional device in relation to which you wish to install the Software. The Software may be used only for internal business purposes and not for providing training or any other service including but not limited to data processing or bureau services to anyone else. You understand that KSC may update the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this Agreement.


USING OUR SERVICES

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.


Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.


Our Services display some content that is not Keettoo’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.


In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

ABOUT SOFTWARE IN OUR SERVICES

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.


Keettoo gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Keettoo as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Keettoo, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.


Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

MODIFYING AND TERMINATING OUR SERVICES

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.


You can stop using our Services at any time, although we’ll be sorry to see you go. Keettoo may also stop providing Services to you, or add or create new limits to our Services at any time.


We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

YOU SHALL NOT

   (a)    use the Software or any part thereof on any equipment of a type, category or for an additional number of users other than that for which the license is granted;


    (b)    make copies of the Software except one copy of the Software (but not the user manual and associated documentation) for security and back-up purposes, provided that you reproduce all copyright notices, trademarks, legends and logos on the back-up copy and maintain an accurate record of the location of the backup copy;


    (c)    loan, distribute, rent, assign, sub-license, transfer or otherwise provide (whether electronically or otherwise) the Software or any copy or part of it to anyone else (including, to avoid doubt, any parent or subsidiary company) or make the Software available for use by others in any time sharing, service bureau or similar arrangement or otherwise;


    (d)    alter, remove, obscure, conceal or otherwise interfere with any markings on or writing on the Software or the manual or associated documentation which refers to KSC and must not interfere with any other copyright notices;


    (e)    reverse engineer, disassemble, reverse translate, or in any way decode the Software or any copy or part of it in order to derive any source code, save only as is permitted by any applicable law. WARNING: The software source code and the valuable trade secrets contained in it are not licensed to you under this license agreement; and


    (f)    adapt, alter, modify, translate or create derivative works of the Software.


PROPRIETARY RIGHTS

The design of the Software along with Software created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to KSC (or its affiliate companies), subject to copyright and other intellectual property rights under applicable laws and international conventions. The Software is provided to you on an AS IS basis for your information and personal use only. KSC reserves all rights not expressly granted in and to the Software. You agree to not to take any action to jeopardize, limit or interfere in any manner with KSC’s ownership of these rights with respect to the Software.


EFFECTIVE PERIOD

This Agreement becomes effective when you first install/operate the Software. Any breach of the TERMS of this Agreement shall be cause for termination. In the event of termination, and without limitation of any remedies under law or equity, you agree to immediately destroy all copies of the Software, completely purge the Software from any system/equipment, and certify to KSC and/or your supplier that they have been so destroyed.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KSC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF. KSC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND ALL SUCH REPRESENTATIONS OR WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED. KSC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SOFTWARE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SOFTWARE. KSC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOFTWARE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND KSC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

WITHOUT PREJUDICE TO CLAUSE 6 HEREINABOVE, IN NO EVENT WILL KSC OR ITS SUPPLIER BE LIABLE FOR (1) DIRECT, (2) INDIRECT, (3) SPECIAL, (4) INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS) OR ANY OTHER LOSS RESULTING FROM ANY DEFECT IN AND/OR USE OF THE SOFTWARE EVEN IF KSC OR ITS SUPPLIER OR ANY SUCH ENTITY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.


NOTWITHSTANDING THE ABOVE, IF ANY LIABILITY SHOULD ARISE ON KSC'S PART OR THAT OF ITS SUPPLIER BY REASON OF THE LICENSING OR USE OF THE SOFTWARE OR OTHERWISE WHETHER DUE TO KSC, ITS SUPPLIER OR ANY OTHER SUCH ENTITY'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES WHATSOEVER EXCEED THE PRICE PAID BY YOU FOR THE LICENSE TO USE THIS SOFTWARE OR AT THE OPTION OF KSC OR YOUR SUPPLIER AS THE CASE MAY BE THE COST OF REPAIR OR REPLACEMENT OF THE DEFECTIVE SOFTWARE.

INDEMNITY

You agree to defend, indemnify and hold harmless KSC, its affiliate companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Software; (ii) your violation of any term or clause of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive this Agreement and your use of the Software.

GENERAL

The TERMS of this Agreement, together with the Privacy Policy and any other legal notices published by KSC (or its affiliate companies), shall constitute the entire agreement between you and KSC concerning the Software. Nothing in this Agreement or otherwise shall obligate either party to enter into any further or future agreement with the other.


KSC reserves the right to amend or modify this Agreement at any time, and it is your responsibility to review this Agreement for any changes. If you do not agree to the revised TERMS of this Agreement, your only recourse is to discontinue the use of the Software. Your continued use of the Software following any amendment of this Agreement will signify your assent to and acceptance of its revised TERMS.


Failure by either you or KSC to exercise or enforce any available rights shall not amount to a waiver of such rights or the future exercise of such rights or any future rights.


If any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this Agreement shall remain valid and enforceable according to its TERMS.


This Agreement shall inure to the benefit of and be binding upon KSC and you and KSC's successors and permitted assigns; provided, however, that, except as otherwise expressly contained in this Agreement, you shall not make any assignments of this Agreement or any interest herein, without the prior written consent of KSC.


To avoid doubt, if your supplier under this Agreement is not KSC, then KSC shall be a third party beneficiary of this Agreement and the provisions herein shall be enforceable against KSC in addition to the supplier.

CONTACT INFORMATION

Should you have any questions, complaints, or feedback related to Keettoo, please contact us at contact@keettoo.com