E-Nirmaan techsolutions Private Limited, a Pvt limited company with its principal offices in Phoenix paragon plaza, 3B-48,49, phoenix paragon plaza, Phoenix Market City, LBS Rd, Kamani, Kurla West, Mumbai, Maharashtra 400070 Maharashtra-India (“we” or “us”), provides you with the Hyten mobile device service (the “App”) and related website (including the mobile-optimized versions of such website, the “Site”) under these Terms and Conditions (this “Agreement”). The App and the Site are referred to together as the “Service.” As used in these Terms and Conditions, 'you' or 'users' refers to individuals using the Service. By using the Service and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement and our Privacy Policy. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our Service.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.
We provide cloud software and applications for businesses, including associated offline and mobile applications ("Service" or "Services"). You may use the Services for your business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Hyten has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Hyten may terminate your user account and refuse current or future use of any or all of the Services.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; (v) use the third party links to sites without agreeing to their website terms & conditions; (vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; (vii) attempt to gain unauthorized access to the Services or its related systems or network; (viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Hyten; (ix) use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; (xii) violate any applicable local, state, national or international law; (xiii) use the Services for any form of competitive or benchmarking purposes; and (xiv) remove or obscure any proprietary or other notices contained in the Services; (xv) use our Services in any manner that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other countries; (xvi) create a false identity to mislead any person as to the identity or origin of any communication; (xvii) use the services for transmitting information that 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 (xviii) use the services in a manner that relates to or encourages any activity prohibited by law in India.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan or inform us that you do not wish to renew the subscription. If you have not downgraded and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Hyten to charge the subscription fee. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge (if any). Any increase in charges will not apply until the expiry of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan. In the event any tax such as GST, VAT, sales tax or the like is chargeable by Hyten in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), Hyten will invoice you for such Taxes. You agree to pay Hyten such Taxes in addition to the subscription fees. Hyten shall provide you with an invoice prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
When you sign up for an account for your organization you may specify administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for (i) ensuring confidentiality of your organization account password, (ii) appoin t ing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Hyten is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@Hyten.com, provided that the process is acceptable to Hyten. In the absence of any specified administrator account recovery process, Hyten may provide control of an administrator account to an individual providing proof satisfactory to Hyten demonstrating authorization to act on behalf of the organization. You agree not to hold Hyten liable for the consequences of any action taken by Hyten in good faith in this regard.
Personal information you provide to Hyten through the Service is governed by Hyten Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Hyten Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@Hyten.com or by calling us on any of the numbers listed on www.Hyten.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
The Service may include certain communications from Hyten, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Hyten in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Hyten to the complainant.
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Hyten notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
Hyten, Hyten logo, the names of individual Services and their logos are trademarks of Hyten. You agree not to display or use, in any manner, the Hyten trademarks, without Hyten’s prior permission.
You expressly understand and agree that the use of the services is at your sole risk. The services are provided On An as-is-and-as-available basis. Hyten expressly disclaims all warranties of any kind, whether express or Implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular Purpose. Hyten makes no warranty that the services will be uninterrupted, timely, secure, or virus-free. Use Of any material downloaded or obtained through the use of the services shall be at your own discretion and risk And you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or Data that results from the use of the services or the download of any such material. No advice or information, Whether written or oral, obtained by you from Hyten, its employees or representatives shall create any Warranty not expressly stated in the terms.
You agree that Hyten shall, in no event, be liable for any consequential, incidental, indirect, special, Punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer Failure, loss of business information, or other loss arising out of or caused by your use of or inability to Use The service, even if Hyten has been advised of the possibility of such damage. Your sole and exclusive Remedy For any dispute with Hyten related to any of the services shall be termination of such service. In no Event Shall Hyten’s entire liability to you in respect of any service, whether direct or indirect, exceed the Fees Paid you towards such service.
You agree to indemnify and hold harmless Hyten, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Hyten.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Maharashtra, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Maharashtra, India necessary to protect the rights or the property of you and Hyten pending the completion of arbitration. Each party shall bear its own costs and attorneys’ fees. Each party shall bear its own costs and attorneys’ fees. Each party shall bear its own costs and attorneys’ fees. Each party shall bear its own costs and attorneys’ fees.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@Hyten.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Hyten breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
If you have any questions or concerns regarding this Agreement, please contact us at legal@Hyten.com.