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TERMS and POLICIES

These terms and policies (“Legal Terms”) impose certain legal conditions and restrictions on the users of the website [https://store.Ksolves.com/] (“Website”) and purchasers of Ksolves Products (as defined below). These Legal Terms constitute a legally binding agreement between you on behalf of an entity ("You/Customer"), and Ksolves India Limited, a company incorporated under the laws of India with its place of business at 2nd Floor, Smartworks, Tower-D, Logix Cyber Park, Sector 62, Noida-201301, concerning the sale of products and services by Ksolves to You.

By accessing this Website and purchasing Ksolves Products, You acknowledge that You have read, understood, and agreed to be bound by these Legal Terms in their entirety. Additional terms may apply to Services provided by Ksolves.

IF YOU DO NOT AGREE WITH THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM ACCEPTING AN ORDER WITH KSOLVES AND MUST IMMEDIATELY DISCONTINUE USE OF ANY PRODUCT.

By purchasing the Product, you represent and warrant that you have the right, authority, and legal capacity to agree to these Legal Terms, and that such agreement is not disqualified by any applicable laws. You may not purchase our Product if you are a competitor of Ksolves, except with prior written consent from Ksolves. Additionally, you may not purchase our Product for purposes of monitoring its availability, performance, functionality, or for any benchmarking or competitive purposes.

DEFINED TERMS

“Module”: shall mean each access granted to a Permitted User as per these Legal Terms.

“Order” shall mean Order placed by You, to access the Product and avail the Services, setting forth the details of (i) the Product, (ii) the configuration, (iii) installation and support services to be provided by Ksolves (iv) number of Modules and the (v) applicable Fees.

“Products:”Ksolves proprietary software applications available for sale on the Ksolves Website.

“Services:” Additional services performed or delivered by Ksolves as per the applicable Work Order as prescribed to by you and mutually agreed upon by the parties.

“Source Code:” The computer programming source code of the software provided by Ksolves to the Purchaser, including all non-third-party executables, libraries, components, documentation, updates, error corrections, and revisions.

“Support Plans”:” The features, services, version and benefits of the Products that you have purchased and subscribed to in addition to the Product.

ELIGIBILITY

To be eligible to purchase the Products, you and the Permitted User must:

  • Be legally competent and authorized to accept these Legal Terms.
  • Be of legal age to form a binding contract and not barred from purchasing the Product under applicable laws.
  • Have the necessary consents and authorization to sign this agreement on behalf of the entity.

PRODUCT

Base Plan: The base Product includes only the stand-alone application selected by the Customer. Ksolves shall provide installation and 120 days of support services at no additional cost, along with each purchase of the Product

Support Plan: The Customer may avail of additional customizations and support Services from Ksovles (“Customizations”). Ksovles shall issue a separate work order for such Customizations (“Work Order”) capturing the terms and condition and payment structure of the Customizations. In case of any conflict between the terms of the Work Order and these Legal Terms, these Legal Terms shall prevail unless otherwise specified in the Work Order.

The terms and conditions that govern the (i) customisation is more particularly given at Customization Policy and (ii) Odoo support and maintenance is more particularly given at Support Policy which shall be deemed to be incorporated herein by reference.

Each Module of the Product is to be used by a single Permitted User only. If a Module is accessed by more than one Permitted User, this will be considered a breach of these Legal Terms. In such cases, Ksolves reserves the right to revoke access to the Product and may require You to purchase additional modules to comply with these Legal Terms.

The Products and Services are not intended for distribution to or use by any person or entity in jurisdictions where such distribution or use would be contrary to law or regulation, or which would subject Ksovles to any registration requirement. Those accessing the Services from other locations do so at their own risk and are responsible for compliance with local laws, if applicable. All Products are subject to availability. Ksolves reserves the right to discontinue any Products at any time for any reason.

PURCHASES AND PAYMENT

You shall pay the charges and prices for the Product as given on the website and for the Services based on the applicable Work Order. You authorize Ksovles to charge your chosen payment provider for any such amounts upon placing your Order. You agree to provide accurate and up-to-date purchase and account information. Tax as applicable. Ksovles may change prices at any time, even if payment has already been made. The Services shall commence only upon payment and shall terminate automatically at the end of the subscription term specified in the relevant Work Order. Ksovles reserve the right to refuse, at our sole discretion, any purchase of multiple quantities of the Product and may limit or cancel the number of Modules purchased, including Orders placed by or under the same customer account or payment method. Ksovles reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

The terms and conditions under which refund of payments will be govern is more particularly given at Refund Policy which shall be deemed to be incorporated herein by reference.

COPYRIGHT

All content on this site, including titles, ownership rights, and intellectual property rights such as copyrights, trademarks, service marks, and patents, is the sole property of Ksolves India Ltd or its content suppliers. These Legal Terms do not grant You any rights to the Product, its contents, or Ksolves’ intellectual property rights, except where explicitly licensed. Any breach of these intellectual property rights will constitute a material breach of our Legal Terms, and your right to use the Product will terminate immediately. By providing any Feedback, you agree to assign all intellectual property rights in such Feedback to us, and Ksovles shall have unrestricted use and dissemination of the Feedback.

The terms under which a limited license is being granted to You upon the purchase of a Product has been more particularly detailed in License Policy which shall be deemed to be incorporated herein by reference.

CONTRIBUTIONS

The Services may allow you to create, submit, post, display, transmit, publish, or distribute content ("Contributions"). By posting Contributions, you grant Ksolves an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, distribute, and exploit your Contributions for any purpose, commercial or otherwise. This license includes the use of your name, trademarks, and logos

PERMISSION TO COPY

No Permitted User has the right to:

  • Copy, adapt, translate, reverse engineer, decompile, disassemble, alter, reproduce, modify, or compile the Product or create derivative works.
  • Use the Product to provide time-sharing, benchmarking, or other computer services to third parties or allow any third party to access or benefit from the functionality of the Product.
  • Transfer, transmit, export, or re-export the Product in violation of any laws or regulations.
  • Use the Product for any purpose other than specified under these Legal Terms.
  • Develop competing apps or products.
  • Engage in infringing activity or create multiple or anonymous accounts.
  • Remove, alter, or obscure any proprietary notices.
  • Threaten the integrity, performance, or availability of the Services or the Product.
  • Use Product components, add-ons, files, modules, externals, contents including associated license material separately or with unsupported software or hardware.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit viruses, trojan horses, any material that acts as a passive or active information collection or transmission mechanism, spyware, or other harmful material that interferes with any party’s uninterrupted use and enjoyment of the Product or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Product.

ACCOUNT MANAGEMENT

To use the Product or Services, you must register each Permitted User and select a password. You shall have administrative rights to manage these accounts and ensure that Permitted Users comply with these Legal Terms. You are responsible for maintaining and updating account information.

To access the Product, the Permitted Users will be required to read, acknowledge, and agree to an End User License Agreement (“EULA”) available on the Product License Policy You shall ensure that the Permitted Users abide by the terms of the EULA at all times while accessing the Product and using the Services. You shall be solely responsible for the acts and omissions of its Permitted Users. Ksolves shall not be liable for any loss of data or functionality caused directly or indirectly by the Permitted Users.

UNAUTHORIZED USE; FALSE INFORMATION

You shall:

  • Notify Ksolves immediately of any unauthorized use of any password or account information or suspected breach of security.
  • Report and stop any unauthorized use of the Product or Services known or suspected by you.
  • Not provide false information to gain access to the Product or Services.

PROVIDING INFORMATION

It is mandatory to provide accurate information in required fields. You will abstain from providing information to Ksolves to impersonate any person or entity You consent to receiving communications from Ksovles electronically or via email. If you provide false or incomplete information, Ksolves reserve the right to suspend or terminate the use of your product.

SECURITY

You are responsible for all activities on your system/network during your visit to this website. You must not interfere with the functioning of this website or disrupt other users' access.

Please refer to Ksolves’ Cookie Policy license Policy for all terms and conditions in relation to Data Protection. The same shall be deemed to be incorporated herein by reference.

DISCLAIMER OF LIABILITIES AND WARRANTIES

THE PRODUCTS SERVICES, MATERIALS, AND DATA ON THIS WEBSITE, ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE PRODUCT AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KSOLVES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCT AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KSOLVES INDIA LTD DOES NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE PRODUCT AND SERVICES AND KSOLVES ASSUMES NO LIABILITY FOR (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT AND SERVICES OR (7) ANY DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES.

IN NO EVENT WILL KSOLVES OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PRODUCT OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOLVES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO INR 10,000/-.

THIRD-PARTY CONTENT

Inclusion of, linking to, or permitting the use or installation of any third-party websites is for general use only and does not imply endorsement. It is Your sole discretion and risk to visit websites outside the domains owned by Ksolves. It is Your responsibility to safeguard Your system from viruses or other malignant elements. Ksolves are not responsible for third-party websites or content. You assume all risk when visiting external websites and should review their terms and privacy policies.

MODIFICATIONS

Ksolves reserves the right to modify, substitute, remove, suspend, or update any part of these Legal Terms at any time. Changes will be effective immediately upon posting on the website and shall be deemed to be accepted and followed by You. These Legal Terms were last modified in July 2024.

APPLICABLE LAW

By using [https://store.Ksolves.com/], you agree that any disputes will be governed by the laws of India, and the courts of India shall have exclusive jurisdiction.

You shall be responsible to ensure that the Permitted Users comply with all applicable local, state, national and foreign laws in connection with its use of Product and Services.

INDEMNIFICATION

You agree to defend, indemnify, and hold Ksovles harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Product and Services with whom you connected via the Product and Services. Notwithstanding the foregoing, Ksovles reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. Ksolves will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

MISCELLANEOUS

These Legal Terms remain in effect while you use the Products or Services. Ksolves reserves the right to deny access or terminate your account for any reason. You are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party if your previous account was terminated.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using our website and services, you consent to electronic communications and agree that all agreements, notices, disclosures, and other communications Ksovles provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.