Terms & Conditions

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Overview

The Terms of Service (“TOS”) is a legal Agreement between you (either an individual or a single entity) and NitiApp. This agreement governs your acquisition and use of our software and services (“Service”), which includes (a) all NitiApp Web Sites (“Site”), (b) all online and offline NitiApp business productivity systems, tools, and services, and (c) all software, data, text, images, documents, sounds, video, and content made available by NitiApp. Any new feature added to or augmenting the Service is also subject to this TOS.

By accepting this agreement, either by clicking a box indicating your acceptance or by executing an agreement or quotation that references this agreement, you agree to the terms of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

1. General Conditions, Access, and Use of the Service

(1.1) Access and Usage

Subject to the terms and conditions of this TOS, you may access and use the Service only for your internal business purposes as contemplated by this Agreement. You shall not:

  • (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS;
  • (b) use the Service to process data on behalf of any third party; or
  • (c) use the Service in any unlawful manner or in a way that interferes with or disrupts its integrity or performance.
(1.2) Competitor Access

You may not access the Services if you are a direct competitor, except with prior written consent. You also may not access the Services for monitoring, benchmarking, or competitive purposes.

(1.3) Usage Limits
  • (a) Services may not be accessed by more than the number of Users specified in the Agreement.
  • (b) A User’s password may not be shared with others.
  • (c) User identification may only be reassigned to a new individual replacing someone who no longer requires the Service.

If you exceed the contractual usage limit, you must pay any invoice for excess usage as per the Agreement.

(1.4) Compliance

You will:

  • (a) be responsible for Users’ compliance with this Agreement.
  • (b) be responsible for the accuracy, quality, and legality of Your Data.
  • (c) use commercially reasonable efforts to prevent unauthorized access and notify NitiApp promptly of any such unauthorized access.
  • (d) use the Services only in accordance with applicable laws and regulations.
(1.5) Account Responsibility

You are responsible for maintaining the confidentiality of your login and account details and for all activities under your login or account. NitiApp reserves the right to access accounts to respond to support requests.

(1.6) Data Ownership and Retention

All data created or transmitted by you and stored on NitiApp’s servers remains your property. Upon termination, NitiApp will provide your data for export within 15 days before permanent deletion.

(1.7) Security and Privacy

NitiApp will maintain reasonable safeguards to protect your data but will not modify or disclose it except as required by law or to provide services.

(1.8) Service Ownership

Except for the right to use the Service granted under this TOS, all rights to the Service remain with NitiApp. You shall not modify or hack the Service to falsely imply an association with NitiApp.

(1.9) Technical Processing

Your content may be transmitted over networks and modified to conform to technical requirements of connecting networks or devices.

(1.10) Agreement Binding Nature

Failure of NitiApp to enforce any right under this TOS shall not be a waiver of that right. This agreement is binding even if it is not physically signed.

2. Payment and Refunds

(2.1) Fees

Fees are based on services purchased, are non-refundable, and payment obligations are non-cancelable.

(2.2) Invoicing and Payment

Payment is due upon receipt of an invoice. If using a credit card, you authorize NitiApp to charge it for all services and renewals.

(2.3) Overdue Charges

If payments are overdue by 30 days (or 10 days for credit card payments), NitiApp may suspend services until payments are made.

(2.4) Future Functionality

Purchases are not contingent on future updates or enhancements.

3. Term and Termination

(3.1) Term

The agreement continues for an initial term of two (2) years and renews annually unless either party provides a 60-day notice before renewal.

(3.2) Termination

NitiApp may suspend or terminate your account for violation of this TOS, fraudulent activity, or breach of contract.

4. Disclaimer of Warranties

The Service is provided "as is" and "as available." NitiApp makes no guarantees regarding uninterrupted service or error-free performance.

5. Limitation of Liability

NitiApp is not liable for indirect, incidental, or consequential damages, including lost profits or data.

6. Trademarks

“NitiApp” and associated logos are trademarks of NitiApp. You may use them for promotional purposes but not claim ownership.

7. Assignment

NitiApp may transfer this TOS, in whole or in part, without restriction.

8. Export Compliance

You must comply with any applicable laws governing the export of the Service.

9. Free Support

Basic support is included with a software license, available via phone (Monday–Friday, 10 AM – 6 PM) and email (24/7).

10. Free Support

(10.1) Scope

Professional services, such as training, data cleanup, and integrations, require a separate Statement of Work (SOW).

(10.2) Deliverables

Deliverables are subject to acceptance testing within two (2) business days.

(10.3) Customer Responsibilities

You must provide necessary access and approvals for NitiApp to perform services.

11. Governing Law

This Agreement is governed by the laws of India, with jurisdiction in Ahmedabad courts.

12. Service Trials

Trials (free or paid) are subject to this TOS. NitiApp is not obligated to maintain your data after a trial ends if you do not subscribe.

13. Severability

If any provision is found invalid, the rest of the agreement remains in effect.

14. Entire Agreement

This TOS constitutes the entire agreement between you and NitiApp, superseding prior agreements.

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