PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES PROVIDED BY ZEEKOI (“PROVIDER”). BY ACCESSING OR USING THE SOFTWARE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT USE THE SOFTWARE OR SERVICES.
1.2. “Customer” means the party entering into this Agreement with Provider.
1.3. “Software” means the Provider’s SaaS ERP software, including any updates or upgrades.
1.4. “Services” means any support, maintenance, consulting, or other services provided by Provider in connection with the Software.
1.5. “User” means an individual authorized by Customer to use the Software.
Description of service
Our Services offer cloud-based software and applications for businesses of all sizes. This includes both online and offline capabilities, as well as mobile applications. Our platform is designed to be user-friendly, allowing businesses to efficiently manage their daily operations, streamline their workflows, and enhance productivity.
Our Services are available for personal and business use, as well as for internal use within the organization that you represent. With our cloud-based platform, you can access the Services from any Internet browser supported by the Services, making it easy to stay connected and productive on-the-go.
To use our Services, you must have access to the Internet and the necessary equipment, such as a computer or mobile device. Once you have access, you can create and edit content using your user account. If you choose to do so, you can also publish and share content with others on our platform.
Our Services are designed to be secure, reliable, and scalable, so you can trust that your data is safe and accessible at all times. We also offer regular updates and new features to keep our platform up-to-date with the latest technology and best practices.
Subject to the terms and conditions of this Agreement, Provider grants to Customer a non-exclusive, non-transferable, limited license to use the Software solely for Customer’s internal business purposes and for the number of Users and instances of the Software specified in the order.
Customer shall not use the Software for any other purpose or in any other manner than expressly permitted in this Agreement.
Customer shall not: (a) copy, modify, or create derivative works of the Software; (b) decompile, reverse engineer, or otherwise attempt to discover the source code of the Software; (c) sell, rent, lease, sublicense, distribute, or otherwise transfer any rights in the Software; (d) use the Software to provide services to third parties; (e) remove any proprietary notices or labels on the Software; or (f) use the Software in any manner that could damage, disable, overburden, or impair Provider’s servers or networks.
Customer shall be responsible for the compliance of its Users with the terms and conditions of this Agreement
Our free trial policy allows you to try out our Services at no cost for a limited period of time. During the trial period, you will have access to the applicable Services free of charge until the end of the trial period, unless you terminate the trial earlier or choose to purchase a paid subscription before the end of the trial period.
Please note that any data or customizations made during the free trial will be permanently lost unless you purchase the corresponding paid subscription plan, purchase applicable Service upgrades, or export such data before the end of the trial period. Additionally, please be aware that Services are offered as-is during the free trial, without any warranty, support, or liability, to the extent permitted by law.
We encourage you to take advantage of our free trial to evaluate our Services and determine if they are a good fit for your needs before committing to a paid subscription
FEES AND PAYMENT
The Services are available under subscription plans of various durations.
Payments for subscription plans of duration of less than a year can be made only by Credit Card or debit card.
Subscription fees are payable in advance for each subscription period.
Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription.
At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you.
We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card.
If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date.
If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Zeekoi to charge the subscription fee to the Credit Card last used by you.
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.
Any increase in charges will not apply until the expiry of your then 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 Zeekoi in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services (“Taxes”), Zeekoi will invoice you for such Taxes.
You agree to pay Zeekoi such Taxes in addition to the subscription fees.
Zeekoi shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
Please refer to our Refund Policy for details on our refund process.
We reserve the right to modify our refund policy at any time without notice.
If you have a dispute regarding any payment made to Zeekoi, you must notify us in writing within thirty (30) days of the payment date.
Failure to notify us within such thirty (30) day period shall constitute a waiver of any claims related to such disputed payment.
We will investigate the dispute and may issue a refund or credit at our sole discretion.
If any payment is not received by Zeekoi by the due date, we may, without prejudice to any other rights or remedies, suspend or terminate your access to the Services.
In conclusion, Zeekoi provides a clear and detailed view of their fees and payment policy. By understanding these policies, you can ensure that you have uninterrupted access to their Services and avoid any unexpected charges or fees. It is important to keep your payment information up to date and to notify Zeekoi in advance if you do not wish to renew your subscription to avoid being charged for another billing cycle.
Our pricing policy offers two payment modes – biannually and annually. You can choose the payment mode that suits your business needs. We charge based on the number of users, so the cost will increase with each additional user.
If you choose to pay annually, you will be charged for the entire year upfront. If you choose to pay biannually, you will be charged for six months at a time.
Suppose you purchase a payment package that is valid until the end of the current billing cycle. In that case, if you add a user, you will only be charged for the remaining period of the billing cycle. For example, if you have three months left in your billing cycle and you add a user, you will only be charged for three months’ worth of additional user fees.
It is important to note that we do not provide refunds for any unused portion of the subscription fees. So, it is essential to ensure that you add and remove users as necessary to avoid any unnecessary charges.
Our termination policy is designed to ensure that our platform is used by legitimate customers who are willing to pay for our services. If we have reason to believe that a customer has not paid their subscription fees or has violated any of our terms of service, we will take appropriate action.
If a customer fails to pay their subscription fees, we will first attempt to contact them to resolve the issue. We will let them know why their payment has not been received and provide them with an opportunity to rectify the situation.
If a customer continues to be in default of payment, we reserve the right to terminate their subscription and revoke their access to our platform. We will make every effort to notify the customer of our intention to terminate their subscription before taking any action.
In the event that a customer’s subscription is terminated, we will remove all data associated with their account from our platform. This is done to protect the privacy and security of our other customers.
It is important to note that we will not provide refunds for any unused portion of the subscription fees if a customer’s subscription is terminated due to a violation of our terms of service.
If you have any questions or concerns about our pricing policy or billing, please contact our customer support team. We are always available to assist you with any issues or concerns you may have.
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
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.
Personal Information and Privacy
Provider retains all right, title, and interest in and to the Software and Services, including all intellectual property rights.
Customer agrees not to copy, modify, distribute, reverse engineer, or create derivative works of the Software or Services.
Customer acknowledges that any suggestions or feedback provided to Provider regarding the Software or Services may be used by Provider without any obligation to compensate Customer.
Zeekoi Services integrate with many third party applications (hereinafter “Third Party Application(s)”). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Zeekoi is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Zeekoi may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Zeekoi Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Zeekoi the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Zeekoi’s commercial, marketing or any similar purpose. But you grant Zeekoi permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
Zeekoi may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Zeekoi makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Communication from Zeekoi
Zeekoi values your privacy and is committed to protecting it. We understand that you may prefer not to receive certain communications from us, while still wanting to receive important service announcements and administrative messages related to your subscription.
As part of our commitment to providing you with the best possible experience, we offer you the option to opt-out of receiving newsletters from us. You may do so by following the instructions provided in the newsletter itself or by contacting our customer support team. However, please note that you will not be able to opt-out of receiving service announcements and administrative messages, as these are necessary for the operation of the Services.
Service announcements and administrative messages may include important information about your subscription, such as changes to our policies or procedures, updates to our software, or other relevant information that may impact your use of the Services. We understand that these messages are important for you to receive, and we will ensure that they are kept to a minimum while still providing you with all of the necessary information.
Please be aware that if you opt-out of receiving newsletters, you may miss out on important information about new features, promotions, or other updates related to the Services. We encourage you to consider this when deciding whether or not to opt-out of receiving newsletters.
Disclaimer of warranties
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. ZEEKOI 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. ZEEKOI MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR 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 ZEEKOI, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT
Limitation of Liability
YOU AGREE THAT ZEEKOI 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 ZEEKOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZEEKOI’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY THOUSAND RUPEES (₹ 50,000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.
You agree to indemnify and hold harmless Zeekoi, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s 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 Agreement , or any other claim related to your use of the Services, except where such use is authorized by Zeekoi.
We may modify this Agreement 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 Agreement 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 Zeekoi notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
If you have any questions or concerns regarding this Agreement, please contact us at [email protected].
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