Sigsync END-USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SERVICE. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SERVICE PROVIDES YOU WITH A LICENSE TO USE THE SERVICE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SERVICE, YOU ARE ACCEPTING THE SERVICE 'AS IS' AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SERVICE
Notice to user:
This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity, hereinafter referred to as 'Customer’ or User or Users or simply ‘You') and Sigsync. which covers Your use of the Sigsync service that accompanies this EULA and related to Website, which may include associated media, printed materials, and 'online' or electronic documentation. All such service and materials are referred to herein as 'Service'. Throughout this EULA, Sigsync service (the 'Service') offered by Shifttocloud Software Pvt Ltd. ('we', 'us' or 'our'). A Service license, issued to a designated user only by Sigsync or its authorized agents, is required for each user of the Service. If you do not agree to the terms of this EULA, then do not register or use the Service or the Service License. By explicitly accepting this EULA, however, or by Registering, copying, accessing, or otherwise using the Service and/or Service License, you are acknowledging and agreeing to be bound by the following terms.
The following are the terms that the Services we provide are based on:
- we provide free licenses of our service
- we provide commercial licenses of our service
- we provide technical support for the services that you choose to purchase from us
- The services provided by us are through our website: www.sigsync.com and other associated subdomains
The EULA or End user license agreement defines clearly the scope, duration and the way in which we grant the free or commercial licenses as well as the conditions that apply. All these documents are available on our website.
Our services are geared towards supporting the enterprise activities of our clients. You can directly purchase our services from the website for any organizational activities.
GRANT OF NON-EXCLUSIVE LICENSE
(a) Service License. The Service License, which is issued to a designated user, enables such designated user to use. You may not modify or create derivative copies of the website.
(b) Grant of License. Subject to a validly issued Service License, Sigsync grants to You the non-exclusive, non-transferable right for You to use the Service with valid license. All rights not expressly granted to You are retained by Sigsync.
(c) Our Services are not for sale. We only grant licenses for using it.
(d) Our services, irrespective of the license, are available only through our website and not by any other physical means. Depending on the type of service that you choose to purchase from us, you may also be asked to make an account using our website to be able to access our services. You can login to our website and access the service directly through our website.
INTELLECTUAL PROPERTY RIGHTS RESERVED BY Sigsync
The Website is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove, alter, or obscure any copyright notices on any copies of the website unless authorized by Sigsync. This service is licensed, not sold. Furthermore, this EULA does not grant You any rights in connection with any trademarks or service marks of Sigsync. Sigsync reserves all intellectual property rights, including copyrights and trademark rights.
NO RIGHT TO TRANSFER
You may not rent, lease, lend, sub-lease, or transfer any rights in this EULA or the Service to third parties without written approval from Sigsync and subject to written agreement by the recipient of the terms of this EULA.
This license provides You with limited rights to use the Service. Sigsync retains all ownership, rights, title and interest in, to and of the service. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by Sigsync.
PROHIBITION ON REVERSE ENGINEERING
You may not reverse engineer, defeat license mechanisms the service or Service License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
UPDATES / UPGRADES
The free license entitles you to be able to use the updates we provide for the specific free service. Since, the service that is accessed by you is through our website, the updates are done automatically by us.
There can be upgrades that are not free of charge and may require you to make payments in accordance with the price of the service in question.
This EULA applies to updates, supplements, add-on components of the website that Sigsync may provide to you or make available to you after the date you obtain your Sigsync license, unless we provide other terms along with the update, supplement, add-on component.
Sigsync reserves the right to discontinue any addon-on components provided to you or made available to you through the use of Sigsync website.
Some of our services may be available as demo or trial versions. These can be accessed without purchasing licenses just by registering in our website for free of charge. The trial version will enable you to test out the service and all its features with certain limitations. The type of these limitations may vary depending on the service that you have chosen.
You must agree to the terms and conditions to be able to use the trial version of our services. The trial version of the service might need to be downloaded from our website or directly accessed through the website. You may also be asked to create an account on our website for accessing the trial version.
The license of the trial version is bound by the License Agreement. You will be required to purchase the license in accordance with the price listed on the website to remove the limitations of the trial version.
The service will automatically prompt you if and when you hit the trial limitation. The decision to relax trial limitations, by granting temporary licenses, at the request of our enterprise customers to enable more thorough testing will remain our own sole discretion.
You may be offered a free of charge at the start of your membership of the Services, solely at the discretion of the Company. The duration and the terms of the free of charge will be for limited time period. Shall be at the discretion of the Company and shall be intimated to you regarding the billing cycle. Billing may commence in future with prior notice to you, as per the subscription plan / license chosen by you, unless you cancel your membership. It is hence recommended that you keep track of your account.
The service can include limited or unlimited licensing options. Such licensing terms, if any, will be clearly specified on our website.
Once the limited license expires, you will be required to renew the license or purchase new license in accordance with the license agreements and the prices listed on our website.
The service will notify you of the limitations of your currently purchased license. You must not violate our Licensing terms.
DO NOT RELY SOLELY ON INFORMATION FROM THIS SITE
Any or all the information pertaining to the service provided by Shifttocloud Software Pvt Ltd. is in good faith. The information on our website is general in nature and not intended as advice on which you should solely rely upon. It is advised that you consult professionals who specialise in the field before taking or not taking any actions based on the information provided in our site.
Although there is a genuine effort from our side to keep the information provided on our website updated, we make no guarantees - implicit or otherwise, that the content on our site is up to date and accurate.
WE DO NOT TAKE RESPONSIBILITY FOR WEBSITES WE LINK TO
Wherever our site contains links to external sites, owned by third party, these links are provided for additional information sake only and as such, should not be interpreted as any sort of approval from our side for the content hosted on these linked sites.
We have no control whatsoever over the resources that other sites offer and the information that they contain.
When using any of our services through our website, we may have to communicate with you using email.
Our emails and any form of attachments they contain can have information that is confidential and is intended to be seen only by the particular recipient or recipients for whom the email is meant for.
In case you are not the intended recipient of an email from us or it is reasonably obvious that the email is not intended for you, please note that any distribution, disclosure or other use of the content within is legally prohibited and hence will be deemed unlawful.
In such scenarios, it is advised that you notify the sender immediately and take steps to ensure that the original email copy along with all enclosed attachments are deleted without any copies of the same being made.
There can be no guarantee that the email transmission remains secure and error free for several reasons - for instance, information can get delayed, lost, corrupted, contain malicious software such as viruses or even get destroyed.
You are entitled to obtain technical support related to our services. You are eligible for support, once you have purchased license for our service through an account created on our website.
The support is provided to:
- those who have purchased the license in their name, or
- those who have been authorized to act on behalf of a customer’s organization
- those who has purchased the license on behalf of an organization
We can refuse support under circumstances where you are not able to substantiate yourself as being authorized to use these services (e.g. by providing valid account information that you registered with us).
The support is limited to the realm of use of our services. In case of trial version, we will answer your queries regarding the capabilities/features of our service and even help you resolve technical issues that are brought to our knowledge during the use of our service.
We try our best to resolve all the issues as soon as possible, however, it may not be possible to guarantee full resolution of issues and complete satisfaction in each and every case. In particular, we do not guarantee that the Technical support we provide will always be able to eliminate all the unexpected behaviour/inconsistencies or errors that may be encountered during the use of our services.
We also provide support services through email and in real-time via live chat session. The contact form on our website has all the necessary details to avail support via email. The Live chat window can be directly accessed through our website and is available round the clock in principle. Support via phone will entail standard network rates for all calls made to our contact numbers.
We reserve the right to choose the means and methods by which we shall provide support to you. You cannot demand any other means or methods other than the ones recommended by us, depending on the issue at hand, for obtaining support.
Once you have decided to contact us with an issue, the same will be taken up by us as soon as possible. We do not impose any restrictions on the number of times you can contact us, therefore you can contact us with another issue if need be. We will stay in touch until the problem is solved or explain to you why it cannot be solved. We cannot guarantee any time frame for the resolution of your issue.
Sigsync may provide You with support services related to the Sigsync website. Use of any such support services is governed by the Sigsync and/or Sigsync policies and website described in 'online' documentation and/or other materials provided by Sigsync. Use of any such support services and/or any supplemental service code or related materials that Sigsync provides to You as part of the support services is to be considered part of the Service and is subject to the terms and conditions of this EULA.
With respect to any technical information You provide to Sigsync as part of the support services, we may use such information for our business purposes without restriction, including for service support, marketing, development and/or any other purpose as deemed reasonable by Sigsync. Sigsync will not use such technical information in a form that personally identifies you.
Sigsync reserves the right to charge You for any and all support requests that Sigsync and/or its authorized agents deem to be excessive or a misuse of the support services provided to You under this EULA. Sigsync and its authorized agents will be the sole judge in what is deemed an excessive or a misuse of the support services, and any and all associated charges and fees.
Abuse and/or threatening behaviour towards any Sigsync employees and/or authorized agents during the course of any support services provided to You by Sigsync will not be tolerated and Sigsync reserves the right to terminate this EULA under clause fifteen (15) below.
You can place order for any type of service directly from our website. Orders can also be placed for any number of licenses for our services through our website. You may order selected type of service license in accordance with the price list that is displayed. You can contact us for any order related assistance before placing the order itself.
To place an order, you will have to fill in the forms to create an account on our website. You can choose the service and the type of license you wish to purchase in the order form. You are solely responsible for the accuracy of the information that you provide in the order form.
By placing your order, you agree to abide by the terms and conditions that apply to the particular license of our service that you have chosen to purchase.
The details of your order will be sent to the email address provided by you. You can access your account on our website using the credentials provided by you during the sign up for further information. You will be able to start using our service immediately after the purchase has been made.
We reserve the right to terminate or suspend the usage of any of our services in the event of non-payment of dues, if any.
In case of non-payment of your previous order, we can suspend any further orders that you make with us, till we receive the payment due for the former.
Some of our services may have auto subscription renewal model. What this means is that you will be prompted to give payments details and agree to the terms during the first time only. The renewal of such subscriptions will happen automatically without asking for any consent unless you change or cancel the subscription prior to its renewal.
Sigsync determines, at its sole discretion, when a Sigsync version will be designated 'End of Life' and when the 'End of Life' date will be. When a Sigsync version reaches its 'End of Life', support, updates and fixes will no longer be provided for that version. This does not affect any written obligations where Sigsync has previously agreed to support a version for a specific period of time.
Sigsync will make reasonable effort to provide 'End of Life' announcements at least one year in advance in the form of email and/or by Sigsync posting notifications on the Sigsync website.
FURTHER RESTRICTIONS IMPOSED BY THIS EULA
By accepting the conditions of this EULA as defined in clause one (1) above, you agree and understand:
You shall not use in whole or part, any code which is considered proprietary of Sigsync website in any other website that would be freely distributed or commercially resold. You shall not modify, alter, change or otherwise make any modification to the website. Any attempt to do so shall be void and of no effect.
YOU ACCEPT THE SERVICE AND SERVICE LICENSE 'AS IS', AND SIGSYNC (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIGSYNC (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE REMAINS WITH YOU.
LIMITATION OF LIABILITY
The terms for excluding our liability under the implied warranty are detailed below.
These terms exclude our full liability, for any sort of damage as a result of not being able to perform in line with the agreement or inconsistent performance, except for liability arising from any intentionally caused damage.
Under no circumstances are we to be held liable for any delay or failure in living up to our obligations arising out of these terms due to reasons beyond our reasonable control. Such reasons shall include but not be limited to - chemical contamination or contamination by forms of radioactive, electromagnetic radiation; fire; natural disasters or other unpredictable extreme weather conditions; civil unrest, war, invasion, terrorism, blockade, embargo, riot, violent demonstrations, insurrection, rebellion, cyber-attacks and sabotage; politically motivated strikes, lockouts leading to work stoppage, labour disputes, and such other industrial action by workers; acts or omissions of civilian, military or regulatory authorities and governmental bodies; network failures or interruptions, disruptions in functioning of vital telecommunication equipment’s, acts or omissions of Internet Service providers, inability to obtain tools that are essential to provide services, fuel or energy shortage; Network disruptions at the local, national or international level as a result of hackers, viruses or other malicious software’s.
This limitation of liability is to the maximum extent permitted by applicable law. In no event including negligence shall Sigsync (or its third party suppliers, licensors, and past, current or future employees) be liable for any costs of substitute website or services, or for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of this EULA or the use of or inability to use the website or the failure to provide support services, even if Sigsync has been advised of the possibility of such damages. Sigsync does not warrant that the functions contained in the website will meet your requirements, or that the operation of the website will be uninterrupted or error-free, or that defects in the website will be corrected. The entire risk as to the results and performance of the website is assumed by you. Furthermore, Sigsync does not warrant or make any representations regarding the use or the results of the use of the website or related documentation in terms of their correctness, accuracy, reliability or otherwise. Should the website prove defective, you (and not Sigsync authorized representative) assume the entire cost of all necessary servicing, repair or correction. In any case, Sigsync (and its third party suppliers, licensors, and past, current or future employees) entire liability arising out of this EULA shall be limited to the greater of the amount actually paid by you for the service or US $1.00.
GOVERNING LAW; ENTIRE AGREEMENT
This EULA is governed by the laws of the Jurisdictions Bangalore India excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Service. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
COSTS OF LITIGATION
If any action is brought by either party to this EULA against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
This license agreement is effective until terminated. You may terminate this license agreement at any time by cancelling your account or by writing an email to cancel your account. This license and Your rights hereunder shall automatically terminate without notice from Sigsync if You fail to comply with any provision of this license. This License is also immediately terminated for whatever reason and You no longer have any rights to use the service covered under this agreement. Upon such termination, you shall cease all use of the website and destroy all copies of the website and other materials related to the Sigsync in Your possession or under Your control.
No discussion will be entertained by Sigsync and/or its authorized agents in the event this EULA is terminated under this clause eighteen (18). (No Warranties)
UPDATES TO THIS EULA
Sigsync reserves the right to update and modify this EULA at any time and such changes will take affect fifteen (15) calendar days from the date they are published. Notification of changes and updates will be posted in the Sigsync website, located at: http://www.sigsync.com. It is the Your responsibility to check the Sigsync website for any EULA updates on a regular basis. In the event You disagree with the updated EULA, you must notify Sigsync within fifteen (15) days, and this EULA will be terminated as detailed in clause eleven (11) above. If You do not notify Sigsync within fifteen (15) days after the notification of an updated EULA is posted, you are acknowledging and agreeing to be bound by the updated version of this EULA.
This publication of the Sigsync EULA is correct at time of writing.
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof and the related documentation, and supersedes all prior or contemporaneous agreements or understandings, written or oral, regarding such subject matter.
You Register complaints regarding our services, refund, return by completing support form online which is available here.
We will consider your complaint within 10 days of its receipt. We will notify you of how the complaint was handled by sending an email to the address indicated in the support form.
If you purchased and paid for our service and did not receive an email containing information necessary to start using our Services or an invoice within the time provided in the Terms, we will immediately send the relevant correspondence again once you notify us.