By using, downloading or installing any product of the InventoryOnCloud, you indicate that you have read, understood, and agree to be bound by these Index Global Solutions - InventoryOnCloud Terms of Service (Terms). These Terms govern your use of the InventoryOnCloud and form a legal contract between Index Global Solutions (Index Global Solutions, 'we' or 'us') and you ('Customer' or 'you'). If you are an individual accepting these Terms on behalf of a company or entity, then you are binding the company or entity to these Terms and represent and warrant that you have full power and authority to do so. Index Global Solutions may modify these Terms from time to time as described in Section "Modifications to Terms" below.
You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem, a printer, and in some cases a mobile device, tablet computer or other equipment. You shall also be responsible for the maintenance of such equipment.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you. Introduction.
The 'InventoryOnCloud' means (a) our suite of services and features related to inventory management, and related reports, (b) our related mobile applications and software ('Software'), (c) any Updates (defined below) and (d) Index Global Solutions - InventoryOnCloud's standard user documentation.
2. Customer Account
a) You must be at least 18 years of age to use the InventoryOnCloud. Use of the InventoryOnCloud may require you to create an account and register your email address and a password. You are solely responsible for any and all actions taken using your account and you must keep your passwords secure.
b) Access to Customer Account. Customer may allow other InventoryOnCloud users (Other Users) to access Customer's account. Such access must be for the sole benefit of Customer. Customer is solely responsible for all access granted to Other Users and the actions of Other Users on Customer's account. Index Global Solutions accepts no liability or responsibility for any actions by an Other User on Customer's account. It is Index Global Solutions policy that InventoryOnCloud, its directors, officers, employees, agents or consultants will not make any changes to Customer Data.
c) Customer Responsibilities. Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Index Global Solutions promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service's technical documentation and applicable law.
3. Customer Data
a. Customer Owned Data. When registering for our Service you will provide Information that is necessary so you can use the Service, including, but not limited to, company name, individual name, address, phone number and email address.
Your Rights. As between Index Global Solutions and Customer, Customer retains all of its rights to any business information or other data that Customer submits to the Product ('Customer Data').
Use of Customer Data. Customer grants Index Global Solutions a worldwide, non-exclusive, royalty-free right to use, copy, store, transmit, distribute, publicly perform and display, create derivative works of and modify any Customer Data in order to provide the Product to Customer and otherwise to operate, improve and maintain the Product.
Storage of Customer Data. Index Global Solutions does not provide an archiving service. Index Global Solutions agrees only that it will not intentionally delete Customer Data prior to termination or expiration of your Paid Subscription. We expressly disclaim all other storage obligations to the extent permitted by applicable law. Customer Obligations
Prohibited Data. Except in the specific fields designated by Index Global Solutions, Customer agrees not to submit to the Product any tax identification numbers, bank account numbers or credit or debit card numbers.
Responsibility for Customer Data. Index Global Solutions takes no responsibility and assumes no liability for any Customer Data, and Customer is solely responsible for Customer Data and the consequences of its use.
5. Customer Indemnity
Customer will indemnify defend (at Index Global Solutions request) and hold harmless Index Global Solutions (and its affiliates and their respective employees, agents, officers, directors and customers) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys fees) arising out of or in connection with (i) any Customer Data, (ii) Customer's negligence, misconduct or breach or alleged breach of these Terms, (iii) Customer's relationships or disputes with any of its own customers or business partners, including any invoice recipients, and (iv) any service, product or offering of Customer used in connection with the Product.
Indemnity If any third-party brings a claim against Index Global Solutions or any of the Released Parties related to Customer's acts, omissions, data or information within the Services, Customer must defend, indemnify and hold Index Global Solutions or the Released Parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
6. Governing Law and Forum
The laws of Chennai, India govern this agreement. Any dispute arising out of or related to this agreement must be exclusively brought in a court of competent jurisdiction in Chennai. The prevailing party in litigation is entitled to recover its attorney's fees and costs from the other party
Index Global Solutions
Contract Mechanics and Interpretation. These Terms constitute the entire agreement between you and Index Global Solutions related to the Product and supersede any prior or contemporaneous agreements relating to the Product. If any provision of these Terms is held unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. No provision of these Terms will be deemed waived unless the waiver is in writing and signed by Index Global Solutions. Except as set forth in Modifications to Terms, all amendments to these Terms must be in writing and signed by both parties. In these Terms headings are for convenience only and 'including' and similar terms will be construed without limitation.
Index Global Solutions Contact Information. If you have any questions, complaints or claims regarding the Product, please contact:
Index Global Solutions
7. Modification of Service and Terms Index Global Solutions can, without notice and in Index Global Solutions sole discretion, without any notice or liability to Customer, terminate Customer's right to the License to use the Service or any part of the Service. Index Global Solutions can also terminate, without any notice or liability to Customer, any part of the Service. Index Global Solutions is constantly adding new products and features to the Service, so Index Global Solutions can amend this Agreement as Index Global Solutions sees fit. If Customer does not approve of any amendments or modifications, then Customer must quit using the Service.
8. Conditions of Usage
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Index Global Solutions InventoryOnCloud for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
9. Prohibited Use
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
When getting refund of a subscription plan please intimate us on time to enable us to help backup of your data, otherwise the service will be terminated without any notice and hence loss of data.
10. Termination of Service
Index Global Solutions may terminate this agreement and your use of the InventoryOnCloud at any time without notice, including, without limitation, if you breach any of these terms. Subscribers may use Index Global Solutions on an at-will basis until either party pursuant to the terms of this agreement or any related license agreement has terminated the agreement. The following are the ways in which the agreement between a subscriber and Index Global Solutions may be terminated.
Index Global Solutions may terminate your service in case if you get refund for a subscription and there are no credits to continue the service.
Upon such termination, you must immediately cease using the InventoryOnCloud indefinitely. We may at our option immediately block your access to the InventoryOnCloud.
11. Ownership and Disclosure of Information
You own all of your business's private data, content and all information, which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information, which you may use or disclose in connection with the Service. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
a) For the purposes of fraud prevention and law enforcement;
b) To comply with any legal, governmental or regulatory requirement;
c) To our lawyers in connection with any legal proceedings; and
d) To comply with a court order.
You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only
14. Registration Information
Subscribers and users are responsible for maintaining the confidentiality of their usernames, passwords and other access credentials, which allow them use the InventoryOnCloud and access the Services.
15. Service Level Agreement/Warranty and Remedy
Warranty. Index Global Solutions warrants to Customer that commercially reasonable efforts will be made to maintain the online availability of the Service for a minimum of availability in any given month as provided in the chart below (excluding scheduled outages, force majeure, and outages that result from any Customer technology issues).
Availability Warranty: 98%