Terms of Service
Dated: 01 July 2023
These Terms apply to the use of the website www.eShare.ai, its desktop version, browser extensions, application, mobile-optimized version, and other media formats (collectively referred to as the “Platform”)
The Platform is owned by Bizionic Technologies & Marketing Solution Private Limited(including its parent company, subsidiaries, employees, officers, agents, or affiliates), a private limited company incorporated under the provisions of the Companies Act 2013, with the registered office at 3rd Floor, Office No 1A, 6-3-1090/ B/4, The Grand Building, KFC Building, Raj Bhavan Rd, Somajiguda, Hyderabad, Telangana 500082. and holding CIN: U72900TG2022PTC164876 (hereinafter referred to as the “Company”). The Platform is a cloud-based content management and sharing platform, making it easier for users to share ideas, collaborate, and work together (“Services”). The Platform and some of its Services are provided over a cloud-based network, which enables users to access the Services through the web and any number of device types (e.g., desktop, laptop, tablet, and smartphone devices) you choose.
By accessing, browsing, or otherwise using the Platform or any other website or applications of the Company that links to these Terms and/or by accessing any content on the Platform, including any Services, data, text, software, photographs, graphics, audio, video, message or other material appearing on the Platform, you (“you,” “user,” “your,” “customer”) represent and confirm that you have read and understood the terms and conditions specified in the Terms and thereby expressly agree to be bound by the Terms.
These Terms outline your use of the Platform and/or the Services. These Terms are legally binding contracts between you, your heirs, representatives, and Company, so please read them carefully. If you do not agree with these Terms, please exit this Platform and restrict your access. Do not register or use any of the Services.
Please note that the Platform offers both free and paid Services. Suppose you are using the Services on behalf of an organization and/or subscribing to enterprise solutions available on the Platform. In that case, you hereby confirm and represent that you have the authority to bind that organization to these Terms (in which event, "you," "users," customers," and "your" will refer to that organization) unless that organization has a separate paid contract in effect with the Company. In this event, the terms of that contract will govern your use of the Services and/or the Platform.
To use the Service, you must be legally permitted to accept these Terms.
Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act 1872, including minors, un-discharged insolvents, and persons of unsound mind, are not eligible to use the Platform.
Any person under 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using, or transacting on the Platform in violation of these Terms shall be doing so at their own risk. The Company shall not be responsible or liable for any activities or interactions of such minor on the Platform.
The Company, at any time, reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Platform as per these Terms or the applicable laws.
Those who access the Platform from outside India are responsible for compliance with local laws if and to the extent local laws are applicable to them.
As long as you comply with these Terms, the Company grants you a personal, non-exclusive, non-transferable, non-exclusive limited privilege and right to access and use the Website.
CHANGES TO THESE TERMS
We reserve the right to modify these Terms, at our sole discretion, without prior notice. We will post the most current version of these Terms on the Platform. If we make material changes to these Terms, we may notify you via the Services and/or by email to the address associated with your account registered on the Platform. If you do not accept the changes, you must stop using and accessing the Services/Platform and cancel your account by emailing cancel@eShare.ai.com or as may be indicated on the Platform. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you consent to the updated terms.
The Platform allows only limited and restricted access to the Services for unregistered users.
Certain aspects of the Services may require you to create an account by completing a registration form and designating a user ID and password on the Platform, which can be done either by signing up through Facebook, Google, mobile number with a one-time password, by the link provided to the registered user’s e-mail address or through such other means as may be indicated in the Platform from time to time. In case of login through a personal e-mail address, the user will be required to provide the user’s name, an e-mail address, and a password.
While signing up on the Platform, the user shall not: (a) create an account for anyone other than the user, unless such person's prior permission has been obtained; (b) use an account that is in the name of another person with the intent to impersonate that person; or (c) create more than one account on the Platform. The Company cannot and will not be liable for any loss or damage arising from the user’s failure to comply with this Clause.
When registering with the Platform, you must: (a) provide true, accurate, upto-date, current, and complete information about yourself on the registration form; and (b) maintain such information until it continues to be true, accurate, up-to-date, current, and complete. You agree that if you provide any information to the Company that is untrue, inaccurate, not up-to-date, or incomplete or becomes untrue, inaccurate, not up-to-date, or incomplete, the Company shall have the right to indefinitely suspend or terminate or block your access to your account on the Platform and refuse to provide you with access to the Platform.
You are entirely responsible for all materials and information you upload, post, or transmit via the Platform (please also see our Acceptable Use Policy). If your account includes an administrative console, that console may include options to configure your use of some of the features in the Platform.
Once registered, the user can log in to the account by (a) using the e-mail address and password; (b) by logging into other third-party websites/modes provided at the time of signing up; or (c) using a mobile number and one-time password sent on the registered mobile number
Only you may use your account on the Platform, and you are solely responsible for all aspects of your account. Each user must have a separate account. You shall not share, loan, or transfer your ID or password. If you become aware of any unauthorized use of the Services or your account or have any questions about your account, please contact eShare.ai Support via our service@eShare.ai
You get to choose what username and email address(es) you register for an account. Please be aware, however, that if the domain of the email address associated with your account is owned or controlled by an organization (such as your work or school) and that organization establishes a direct relationship with us and wishes to add your account to such relationship, then you may be rolled into that organization’s account after a reasonable attempt to notify you of the change. Fourteen (14) days after that attempted notice, if you do not respond or change the email address associated with your account, your account may be deactivated. Content associated with your account may be deleted.
If an organization provides you with your account (e.g., an employer or school), or if you agree to have your account managed by an organization, you understand that this organization has rights to your account and may: (a) manage your account (including suspending or canceling); (b) reset your password; (c) view your usage and profile data, including how and when your account is used; and (d) manage the Content in your account.
TERMS OF SERVICE
The user agrees, undertakes, and covenants that, during the use of the Platform, the user shall not host, display, upload, modify, publish, transmit, store, update, or share any information, including the Content that:
May create an impression that the Platform is to be used for any disbursement/availing of loan or any financial product or for digital lending;
Belongs to another person or entity and to which the user does not have any right;
Is harmful to children;
Is misleading in any way;
Infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright, or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;
Contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), and financial status. However, pro-equality Content, particularly for gender and sexuality, shall be permissible;
Impersonates another person or provides instructional information about illegal activities such as violating someone's privacy or providing or creating computer viruses;
Provides information about any Services or Content that are inappropriate, illegal, or unsafe or that exploits, mislead, or exert undue pressure on other Users or any person;
Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or personally identifying information for commercial or unlawful purposes from other Users of the Platform;
Engages in commercial activities without the Company’s prior written consent;
Interferes with another User’s use of the Platform;
Refers to any Platform or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains Content that would be prohibited or violates the letter or spirit of these Terms;
Deceives or misleads the addressee/ Users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
Serves to communicate fake, inaccurate, or misleading information, including fake, false, or misleading information or transactions;
Contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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
Violates any law for the time being in force.
The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the user’s compliance with these Terms or applicable laws or other legal requirements at its sole discretion.
The user shall not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent.
The User shall not use any meta tags or any other "hidden text" utilising Company’s names or trademarks without the Company's express written consent, as applicable.
The User shall not 'mirror' any material, including the content on the Platform or any other server, without the Company's prior written consent. Any unauthorized use terminates the permission or right granted by the Company.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with Platform or signing up for Services, you understand and consent to us sending you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Platform's and/or Company’s products and services. Suppose you have previously unsubscribed, and in that case, you consent that you’re resubscribing to receive commercial content by taking such actions as submitting a “Contact Us” form, registering for an eShare.ai event or webinar, downloading an eShare.ai resource, along with other activities. You may unsubscribe from commercial content at any time by emailing privacy@eShare.ai.com
We call all electronic documents, including files, documents, images, videos, and other data/information that you upload and store on your account "Content." All Content uploaded by you into your account is yours! We don't control, verify, or endorse the Content you or others put on the Services or upload on the Platform. You are responsible for (a) all Content in your account that you share through the Services and that other users share with you on and through the Platform;- and (b) making sure you have all the rights you need about the Content.
You agree that when you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you.
You hereby agree and consent to the Platform’s (as well as agents or service providers acting on Platform’s behalf to provide the Services) right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order,(iv) as may be deemed necessary or useful by the Company, and/or (v) to respond to an emergency.
The user, the originator of the Content, is responsible for the Content that the user uploads, posts, publishes, transmits, or otherwise makes available on the Platform. The user further represents that all such Content will be in accordance with applicable law. The user acknowledges that the Company does not endorse any Content on the Platform and is not responsible or liable for any user’s Content. The Company reserves the right to restrict the user’s access to the Content on the Platform.
In case a third party or such third party’s data appears in the Content, the user confirms that the user has obtained prior consent from such third party before uploading or posting such third party’s Content. The user further agrees that the user shall indemnify the Company against any and all claims raised by any third party with respect to the Content of the User.
The user hereby grants to the Company a perpetual, non-revocable, worldwide, royalty-free, and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the user’s Content and create derivate works of the Content in any manner as deemed appropriate by the Company in any form.
The user represents and warrants that the user owns or otherwise controls all of the rights to the Content that the user uploads or that the user otherwise provides on or through the Platform; and that, as of the date that the Content is uploaded or submitted on the Platform: (a) the Content is accurate; (b) use of the Content does not breach these Terms; and (c) that such Content is lawful.
The user further represents and warrants that while posting, uploading, sharing, transmitting, distributing, or submitting any Content on the Platform, the user shall not use any offensive, libelous, derogatory, hateful, or racially or ethnically objectionable language. Further, the user shall not upload any Content on the Platform that is is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libelous, invasive of another person's privacy, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
You can export and download your Content from the Platform. You can create an archive to keep for your records or use the data in another service. You can download files that haven't been deleted. Some data might not be available for download if you're using a work or school account. If you're an administrator of your domain, you can download or migrate your organization’s data, including emails, calendars, documents, and sites.
COPYRIGHT COMPLAINTS AND REMOVAL POLICY
We respect the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or turn off Content alleged to violate copyright laws or these Terms and reserve the right to terminate violators' account(s).
If you believe there has been a violation of your intellectual property rights, notify us please by emailing privacy@eShare.ai.com., or contact our designated copyright agent by mail:
Attn: 3rd Floor, Office No 1A, 6-3-1090/B/4, The Grand Building, KFC Building, Raj Bhavan Rd, Somajiguda, Hyderabad, Telangana 500082
The Services are provided from the Republic of India, and the server location is based on cloud services in various regions in and outside India and backup storage outside India in other geographic areas. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the Republic of India. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the Republic of India (subject to applicable law) and that you agree to the processing of other information outside of the Republic of India.
SUSPENSION AND TERMINATION OF THE SERVICE
We reserve the right to suspend or terminate your access to the Service/Platform at any time in our sole discretion or turn off any Content if a) you are in breach (or threatened breach) of these Terms or have exceeded any service limits, or b) your use of the Services could cause a risk of harm or loss to Company/Platform or our other users, or c) Company declines to renew your subscription period. When reasonable and as permitted by law, Platform will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to such a decision. We will not be able to provide this advance notice if you are in material breach of these Terms if such notice would lead to civil or criminal liability for Platform/Company or if providing notice would compromise our ability to provide the Services to our other users. To avoid doubt, Platform may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason. To avoid doubt, the Customer will remain responsible for paying fees during any suspension period.
If an end user: (a) violates these Terms, or (b) uses the Services in a manner that Company reasonably believes will cause it liability, then Platform may request that the customer suspends or terminates the applicable end user’s account. If the customer fails to suspend or terminate the end user’s account promptly, Platform may do so.
You understand that if your account is suspended or terminated, you may no longer have access to the Content stored with the Services.
Upon termination, you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy or any other policy of the Platform. You must make such a request within fourteen (14) days following termination; otherwise, any Content you have stored with the Services may not be retrievable, and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.
UPDATES TO THE SERVICE
The Platform may deploy changes, updates, upgrades, or enhancements to the Services or modify Platform’s default settings at any time. We may add or remove functionalities or features or suspend or stop the Services altogether without any prior notice.
The Platform may make available to you optional third-party applications, services, or products for use in connection with the Services, and/or the Platform may also contain links and interactive functionality interacting with the website of third parties ("Third-Party Products"). These Third-Party Products are not necessary for the use of the Services, and your use of the Third-Party Products (and any exchange of any information, license, payments, etc.) is solely between you and the applicable third-party provider. eShare.ai makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.
The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third-Party Products. Before enabling any sharing functions to communicate with any such Third-Party Products or otherwise visiting any website of such Third-Party Products, the Company strongly recommends that the user reviews and understands the terms and conditions, privacy policies, 9 settings, and information-sharing functions of each such Third-Party Products. If you have any questions or concerns regarding the Third-Party Products, please get in touch with the applicable third-party provider.
COMPANY’S PROPRIETARY RIGHTS
All contents of the Platform and Services, including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, belong to Company and/or its suppliers, affiliates, or licensors. The Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s Services provided on the Platform and is protected under Indian law.
The Company or its licensors owns and reserves all rights, title, and interest in and to the Services and all hardware, software, and other items used to provide the Services, other than the rights we expressly grant you to use the Services and the Platform. No title to or ownership of any proprietary rights related to the Services or the Platform is transferred to you under these Terms.
If you provide comments, suggestions, and recommendations to the Company about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to the Company. The Company may use, modify, and incorporate into its products and services, license and sublicense, any Feedback that the user may provide without any obligation to the user. The User agrees to (i) and hereby assign to the Company all rights, title, and interest in any Feedback; and (ii) provide the Company with any reasonable assistance necessary to document and maintain Company’s rights in the Feedback.
The user hereby acknowledges that the Services and the Platform constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of the Company and such others. The user thereby agrees to protect the proprietary rights of the Company during and after the term of these Terms. The user shall only selectively download portions of the Platform (except the Content) with retaining the copyright notices. The user may download material from the Platform only for the user’s own personal use and for no commercial purposes whatsoever (except the Content).
Any infringement shall lead to appropriate legal proceedings against the Customer at the appropriate forum for seeking all available remedies under applicable laws of the country.
You shall not co-brand any Platform’s Services or use any Company’s trademarks, logos, or other marks to promote and market the Platform’s Services without Company’s prior written consent.
NO WARRANTY OR CONDITIONS
There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.
TO THE EXTENT NOT PROHIBITED BY LAW, COMPANY AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS, " "WITH ALL FAULTS," AND "AS AVAILABLE, " (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G., WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED OR SUBJECT TO UNAUTHORISED ACCESS & ACTS OF THIRD PARTIES, INCLUDING ANY CYBER-ATTACKS OR DATA BREACHE AT THE ESHARE.AI OR ITS SERVICE PROVIDERS. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA, OR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT, OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM/SERVICES OR THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES UNLESS OTHERWISE SPECIFIED IN WRITING.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICES.
To the extent not prohibited by law, you will defend, indemnify and hold harmless the Company against any cost, loss, damage, or other liability arising from re related to (i)any third-party demand or claim that any Content or information provided by you or your use of the Services infringes a registered patent, trademark, copyright, or other intellectual property rights of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of eShare.ai's actions); (ii) your violation of any applicable law; and/or (iii) your breach of these Terms. The Company will reasonably notify you of any such claim or demand subject to your indemnification obligation of which it becomes aware.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO INR 1000/-. THE LIMITATIONS AND EXCLUSIONS APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILURE OF ITS ESSENTIAL PURPOSE.
THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR THE BREACH OF OUR CONTRACT WITH YOU.
NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
NO CLASS OR REPRESENTATIVE ACTIONS. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN’T ALLOWED.
THE PROVISIONS OF THIS “LIMITATION OF LIABILITY” SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND THE COMPANY, AND YOU HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS AND THE PRICING FOR THE SERVICES.
DISPUTE RESOLUTION AND GOVERNING LAW
These Terms shall be governed by and interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Hyderabad, India. In the event of any dispute arising out of these Terms, the same shall be settled by binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Hyderabad, India.
Billing. The Platform offers its users free limited data storage and sharing services. You can increase your storage space and service limits and add paid features to your account (turning your account into a “Paid Account”). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time before the renewal date. You’re responsible for all applicable taxes; we’ll charge tax when required under the law. Some countries have mandatory local laws regarding your cancellation rights; this paragraph doesn’t override these laws.
Cancellation. You may cancel your Paid Account at any time. Refunds are only issued if required by law and in accordance to the refund policy specified in Clause 17.5 (“Refund Policy”) below.
Downgrades. Your Paid Account will remain in effect until it's canceled or terminated under these Terms. If you’re on an enterprise plan, the enterprise administrator or admin manager may be able to downgrade your account anytime. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
Changes. We may change the fees in effect on renewal of your subscription to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We’ll give you no less than 30 days advance notice of these changes via a message to the email address associated with your account, and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.
Where required by law, you may have a legal right to cancel your subscription, pursuant to Section 17.2, during the prescribed timeframe of your initial subscription period. If you are entitled to this right by law, your cancellation request will be processed within three (3) business days, and you will receive a prorated refund of any unused prepaid fees.
The Company periodically updates the Services. Suppose an update affects your use of the Services or your legal rights as a user of our Services. In that case, we’ll notify you before the update's effective date by emailing the email associated with your account or via an inproduct notification. These updated terms will be effective no less than 30 days after we notify you. If you don’t agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
You will be unable to access or export your Content after we stop or cancel your access to the Services. Unless otherwise mandated by law, the company does not issue refunds when we stop or cancel your use of the Services.
For the purposes of this Agreement, the term “Order Form” shall mean an ordering document, order page, or user interface through which the customer purchases a subscription to the Services or enables access to the Services.
Fees. If you choose to subscribe to a Paid Account, you agree to pay the fees ("Fees") as quoted when you purchase that Service. You will pay the Fees in the currency quoted at the time of purchase on the Platform. The customer shall pay to the Company or the customer's reseller all applicable Fees in the currency and under the payment terms indicated on the Order Form or in the applicable agreement between the customer and the customer’s reseller. The Company reserves the right to change the eligible currencies at any time, except where not permitted by applicable law. The customer authorizes the Company to charge the customer for all applicable Fees using the customer's selected payment method.
Payment. The users shall pay invoices on the payment interval outlined in the Order Form. The Company reserves the right to change its prices at any time; however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel via email to service@eShare.ai.com (with cancellation confirmation from an eShare.ai representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued. If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period. The Platform may suspend or terminate the Services if Fees are past due. The customer will provide complete and accurate billing and contact information to Platform or the customer's reseller.
Taxes. Fees are exclusive of taxes, and the customer is responsible for all applicable taxes. The Company, or the customer's reseller, will charge Taxes when required. If the customer provides Company or its reseller with a valid exemption certificate, the Company will not collect the taxes covered by that certificate. We may calculate the taxes you pay based on the billing information you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements).
They are withholding Taxes. The customer will pay the Company or its reseller net of any applicable withholding taxes under applicable laws. If appropriate, the customer and Company, or the customer's reseller, will work together to avoid any withholding tax if exemptions, or a reduced treaty withholding rate, are available. If the Company or customer's reseller qualifies for a tax exemption or a reduced treaty withholding rate, the Company or customer's reseller will provide the customer with reasonable documentary proof. The customer will provide Company or the customer's reseller reasonable evidence that it has paid the relevant authority for the sum withheld or deducted.
Trials and Cancelation Policy. Customers can sign-up for a trial for some of the Services, and your trial period starts on the day you create the trial account and lasts for seven days. If you are on a trial, you may cancel at any time until the last day of your trial. If you do not wish to incur charges, you must cancel the account by the end of the 7th day. If you do not cancel your account, then you authorize us to charge your credit card for that specific Service. However, you may cancel your subscription before the next billing cycle as per these Terms, but no credits or refunds will be available
Auto-renewals and Trials. IF THE CUSTOMER HAS ALREADY PROVIDED A PAYMENT METHOD TO THE COMPANY OR THE CUSTOMER’S RESELLER FOR RECURRING CHARGES AND THE CUSTOMER’S ACCOUNT IS SET TO AUTORENEWAL OR IS IN A TRIAL PERIOD, THE COMPANY (OR THE CUSTOMER’S RESELLER) MAY CHARGE AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL UNLESS CUSTOMER NOTIFIES COMPANY (OR CUSTOMER’S RESELLER, AS APPLICABLE) THAT CUSTOMER WANTS TO DISABLEAUTORENEWAL OR CANCEL THE SERVICES IN ACCORDANCE WITH THESE TERMS. THE COMPANY MAY REVISE SERVICES RATES BY PROVIDING THE CUSTOMER WITH AT LEAST THIRSTY DAY’S NOTICE BEFORE THE NEXT CHANGE.
Billing/Payment. If you select a Paid Account, you must provide us with current, complete, accurate, and authorized payment method information (e.g., credit card information). You authorize us to charge your provided payment method for the Services you have selected and any paid feature(s) you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service on a recurring basis. To the extent that Company is yet to receive your payment, to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
Subscription Period. You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased): (i) A monthly subscription plan ("Monthly Subscription Plan") or (ii) an annual subscription plan (“Annual Subscription Plan”).
Monthly Subscription Plan: The subscription period for the Monthly Subscription Plan will be for one month. It will automatically renew (without the need to go through the Services interface "check-out" or execute a renewal order form) unless you cancel your Monthly Subscription Plan at least three (3) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
Annual Subscription Plan: The subscription period for the Annual Subscription Plan will be for one year. It will automatically renew (without the need to go through the Services-interface "check-out" or execute a renewal Order Form) for additional periods equal to one (1) year each year on the anniversary unless you cancel at least three (3) business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan, you can cancel, reduce the number of seats, or downgrade the Service you selected on the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription Plan. If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan anytime. If you select the Annual Subscription Plan, you may only change to the Monthly Subscription Plan at the end of the one-year term of your Annual Subscription Plan.
Subscription Specific Terms. If you are purchasing any subscription plan on the Platform, the following additional terms apply to you and your organization: You: (a) are required to have an account for each user or subuser or end user, (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased, (c) are responsible for setting your configurations of the Service, and (d) are responsible for managing your users’ activity and any of your devices and/or any systems that you use to access the Service.
We consider the following categories of users as your organization’s users:
1. Users whose accounts are controlled by your organization’s administrator;
2. Users who are permitted to access, store, retrieve or manage your Content and (i) are employed by your organization, or (ii) whose accounts are associated with an email address controlled by your organization.
3. Any user who uses and accesses the Services under your organization’s account (whether or not explicitly authorized).
These categories include, for the avoidance of doubt, any such users with individual plan accounts.
Suppose, Platform provides a report showing that your organization has more users than purchased accounts. In that case, you will promptly (but in any event within seven (7) days of receiving such report) purchase additional accounts or permanently delete the excess accounts.
Suppose your organization has more users than purchased accounts. In that case, Platform may place reasonable restrictions on your account until you adequately address your excess users (such as restricting or limiting your organization’s ability to deploy additional accounts). In any case, you are liable to pay for the users accessing the Services under your organization’s account.
No Refunds. Subscription and usage or overage Fees are non-refundable and non-creditable, except where required by law and/or in accordance to the Refund Policy. The subscriptions may be canceled, and such cancellations take effect at the end of your then-current subscription term (for example, if Customer is on a paid monthly subscription, the cancellation will take effect the following month, but if Customer is on a paid yearly subscription the cancellation will take effect the next year).
ESHARE.AI SOFTWARE; PLUG-INS
You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software, including any economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. These laws include restrictions on destinations, end users, and end-use.
General. The customer's use of the Service may include optional downloadable user software of the Services ("Software"). This Software may update automatically on your device once a new version or feature is available. The company gives you a personal, worldwide (subject to applicable law), royaltyfree, non-assignable, and non-exclusive license to use the Software provided to you by the Company as part of Service for the sole purpose of enabling you to use and enjoy the benefit of the Service. This license is non-transferable, non-sublicensable, and will be fully paid up upon the customer’s payment of the Fees.
Open Source. Suppose any component of the Software is offered under an open-source license. In that case, the Company will make the license available to the customer, and to the extent the provisions of that license grant the customer additional rights, those provisions will expressly override some of these Terms solely with respect to that component of the Software.
Add-Ons. Customers may purchase Add-Ons for use in conjunction with certain Services. Add-Ons may not be purchased on a standalone basis and must be purchased in connection with a new or existing subscription to the applicable Services for which they are offered. Add-Ons may be subject to additional Service-Specific Terms. Without limiting the foregoing, Add-Ons that are identified as being offered by third parties are not part of the Services and are subject to the Agreement.
You will not, and will make sure that the Platform/Software does not and you will not permit use of the Platform/Software: (a) to violate these Terms; (b) to perform hidden activities without Company’s consent (such as downloading components or other software); (c) that may alter a Platform’s user’s system without permission; (d) impersonate, or misrepresent an affiliation with, any person or entity; (e) use in any manner not authorized by the Platform; (f) mine or analyze any Content transmitted to, retrieved from or stored in the Platform (including, but not limited to, through spiders, robots, crawlers, data mining tools, scrapers, or other automated means, or services employing any such means); (g) circumvent any security measures or content filtering devices; (h) use or affect the Platform in any manner that could damage, disable, overburden or impair the Platform (including, but not limited to, flooding the Platform with an excessive amount of data or content); or (i) permit use in connection with any purposes or intended application which involves risks or dangers that could lead to death, serious bodily injury, severe physical or property damage, or use for purposes that otherwise require significant safety precautions (e.g. uses of the Platform in connection with operation of emergency services, air traffic control, mass transport systems, or nuclear facilities).
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and I will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect.
Assignment and transfer.
We may assign, transfer, or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service unless we provide written consent for you to do so.
The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.
Discontinuation of Services
We may discontinue the Services without any prior notice in response to circumstances beyond Company’s control (such as a natural disaster, fire, or explosion) or to comply with a legal requirement. Wherever possible or mandated under the applicable laws, we’ll give you reasonable prior notice so that you can export your Content from our systems (in which case, we will provide you with no less than 30 days notice under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us, we’ll refund the portion of the fees you have pre-paid but haven't received Services for as per the Refund Policy.
The Service is available on mobile devices. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws or that may put the physical safety of others in danger.
A “Beta Service” means services or features identified as alpha, beta, preview, early access, evaluation, or words or phrases with similar meanings.
Use In Customer's Discretion. Despite anything to the contrary in these Terms: (a) Customer may choose to use Beta Services in its sole discretion; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected; and (e) COMPANY WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.
Feedback. The Company offers Beta Services in order to get user feedback. In exchange for using Beta Services, Customer agrees that Company may contact the customer and its end users to obtain Feedback regarding Beta Services.
Confidential. Beta Services are confidential until officially launched by Company. The customer will treat the Beta Services, and any documentation, specifications, or instructions related to the Beta Services, as confidential information of the Company.
Legal Team at legal@eShare.com