EULA

IMPORTANT – Please Read Carefully: This End-User License cum Subscription Agreement (the “EULcSA”) is a binding legal agreement between you (individual or legal entity, generally referred to hereinafter as the “User”) and Saffron Tech Private Limited (the “Company”) covering your access to the IM Intelly software Beta Version (the “Application”) being implemented as a service (the “Service”) by the Company through its website (the “Website”) accessible at www.imintelly.com and resultant analytics of the Service (the “Products”).

Clicking the "I Agree" button herein below symbolizes signature of the User (which shall be electronically recorded by the Company) as a formal admittance by the User to having understood and agreed to all the terms and conditions of this EULcSA being executed.

Please click the "Cancel" button herein below should the User not agree with this EULcSA, in which event, the User will not be authorized to access or use the Website, Application, Service and/or Products for any purpose whatsoever.

Please print or save a copy of this EULcSA for your records, set forth as under:

  • Ongoing acknowledgements:
    • This EULcSA applies to and governs any updates, supplements or replacements for the Application unless a separate agreement accompanies such updates, supplements or replacements, in which case the separate agreement will apply;
    • This EULcSA, Terms of use, Privacy policy and Disclaimer and further their amendment(s), if any, (collectively, the “Legal Texts”) will remain accessible on www.imintelly.com/eula/ for reference and notice of the User. The User is advised to immediately cease any access and use of the Website, Services and Products should the User disagree with any part of the Legal Texts at any point of time; and
    • Continued patronage of the Website, Services and Products by the User shall be deemed to imply full awareness and unconditional consent to latest versions of the Legal Texts so listed irrespective whether, or not, the Company issues any public and/or personalized notice(s) for attention of the User.
  • Grant of license: Subject to acceptance of the terms hereof, the Company grants the User a worldwide, non-assignable, non-transferable, non-exclusive, revocable and subscription-based license (the “License”) to use of the Application made available as the Service for use on any suitable device that meets compatibility criteria listed on url3.
  • Subscription and renewals:> The User may avail the Service by completing registration formalities and payments as requested on the new subscribers registration page provided at url4. Subject to receipt of accurate and genuine own information of the User required for registration, term of subscription shall commence thereupon and shall continue thereafter subject to the fulfillment of terms of this EULcSA and payment of subscription fees as applicable, whereby the User shall be entitled to use the Application and/or the Service for the User’s purposes relating to internet marketing intelligence, monitoring search engine rankings and analysis of data scattered across various commercial and social media websites. The User shall be solely responsible for keeping track of renewals and undertaking renewal formalities when due. It shall not be binding on the Company to issue reminder notices and/or invoices for renewals.
  • Restrictions: Under all circumstances, the User shall not copy, reverse engineer, disassemble or decompile the Application or any part of it, or otherwise attempt to derive or determine the source code or the logic in the Application; Sub-license, rent, sell, lease, distribute or otherwise transfer the Service or any part or Products thereof or use the Service commercially unless a separate license to the effect is separately obtained from the Company for such specific purposes; Use the Service for the purposes of competing with the Company, including without limitation, providing competitive intelligence to any person other than the User; Subvert, mask or remove any security or anti-piracy features or proprietary tags that may be incorporated by the Company in the Application or Products; and Use the Application or Products for any unlicensed and illegal purposes whatsoever.
  • Fees:The User shall be required to pay registration charges and/or subscription fees to the Company as per usage plan chosen on a regular periodic pre-paid basis thereafter as per usage plans, schedule and modalities for payment provided on url5 for the License under this EULcSA. Once paid, all fees paid by a User shall be non-refundable irrespective of whether, or not, the User opts to continue usage of the Service till completion of the paid-up term. The Company however, at its sole discretion, may initially and/or from time to time thereafter offer the License gratuitously for no fee or alternatively at discounted costs to select Users for promotional purposes. At its sole discretion as to the manner, content, form and duration, the Company may initially or at other times additionally make available a free account for users wherein use of certain features of the Application and/or the Service shall be free of cost for a limited trial period. The User shall need to purchase subscription or discontinue use of the Application and/or the Service after completion of said initial trial period.
  • Maintenance and Support: The Company shall provide maintenance and support services with respect to latest versions of the Website, Application, Service, and Products under this EULcSA. The Company, at its sole discretion, may opt to discontinue maintenance and support for prior versions of the Website, Application, Service, and Products without requirement of formal notice to the User. If at any point of time the Company is of the opinion that a particular support request is untenable or beyond its scope, it will be the sole discretion of Company to suspend, cease, terminate or refuse such support as the Company does not claim any warranty and/or guarantee of any kind in providing the maintenance and support features. All maintenance and support services hereof shall necessarily be effected by the Company solely via email and/or remote access. The Company shall not provide any voice-interactive/ on-site/ personal services in this regard.
  • Term of License and termination: Term of License under this EULcSA shall commence upon completion of subscriber registration formalities specified in clause 3] of this EULcSA and shall continue to remain in full force till terminated:
    • automatically with immediate effect upon occurrence among any act of default and/or misconduct by the User that attempts, results, makes likely any result or encourages use of the Website, Application, Service and/or Products beyond contemplated form and functionality and is otherwise in contravention of the Legal Texts or is used to harass, abuse, stalk, threaten, defame, trespass on or otherwise infringe or violate the rights, systems, infrastructure and/or resources of any other party;
    • at will by the User by immediate effect by unsubscribing to the Service as per procedure provided on url6; OR
    • at will by the Company upon 30 (Thirty) days prior notification
    • Under all circumstances, without exception, any and all charges paid by the User to the Company are entirely non-refundable including in that the charges, if any paid by the User, that account for intended usage that runs beyond the proposed date of cessation of this EULcSA.
  • Cancellation of subscription for non-use/ non-payment towards subscription account: Use of the Service is on a pre-paid basis. In the event any fee is overdue beyond 7 (Seven) days, the particular User’s account shall be marked dormant and automatically rendered non-functional until revived by depositing the charges and/or any penalty fee due. Should this action be not attended to within the next 30 (Thirty) days, the Company, at its sole discretion, may chose to delete the User’s account altogether with any and all data stored therein. Such deletion of User account shall be irreversible and the Company shall have no responsibility towards the User and/or data of the User in such consequence
  • Effect of termination: Upon termination of this EULcSA, the User shall immediately cease all use of the Service but may retain all copies of the Products in possession of the User that were generated previously during valid term of this EULcSA. Upon termination, the Company will proceed to delete the User’s account but may continue to retain and/or archive the User’s data stored on the Company’s server.to such extent necessary for its own records and analysis. The Company assures that it will not disclose such retained data to any third party except when required by law. Responsibility of taking due backup of data at time of unsubscribing to the Service shall be solely that of the User.
  • Intellectual Property Rights: All content used in connection with the Application and Service including the brand identity/ies of the Company, the trademark “IM Intelly”, tile layouts, in-application graphics, user interface layouts, output report formats, source code and executable version of the Application (collectively the “Property”) are exclusive intellectual property of the Company or to which exclusive rights have been secured by the Company from their respective owners. These, including without limitation all know-how, concepts, logic and specifications, are proprietary creations of the Company and are protected under various national as well as international intellectual property legislations. All rights, titles and interests in the Website, Application, Service and/or Products or further any error corrections, enhancements, updates or modifications to the shall be exclusively vested in the Company. The User understands and acknowledges that the Application is merely licensed to enable the Service, but not sold to the User, under this EULcSA.
  • Rights to User-Generated Content: Users will assume full legal responsibility for all User-Generated Content created both on the Company’s servers or on the User’s systems and shall warrant that the same shall not be offensive, derogatory, against the law and/or violate any third party rights whatsoever.All rights in and to the Products, that is the content generated by the User while using the Service, shall be sole property of the User, who shall be solely responsible for any such content, its safe storage and any outcomes thereof. Under no circumstance the Company assumes any responsibility of the User-Generated Content but however reserves the right and shall be deemed to be authorized by the User to backup, make copies, archive and/or use such content that is required by the Company for its internal analysis, tracking user/ usage statistics during normal course of License provided under this EULcSA.
  • Assurance as to performance: The Company shall take best reasonable care to ensure that the Website, Application, Service and Products will substantially be of the form and performance stated in their descriptions and manuals as updated from time to time at url7. The manuals so provided are for purposes of illustration only and the User is encouraged to correspond with the Company for any additional details or clarifications that may be required before acting on contents of the said manuals.
  • Warranty: The Website, Application, Service and Products are provided under this EULcSA “AS IS” and “AS AVAILABLE” without any warranties or representations, expressed or implied of any kind or nature. To the fullest extent allowable under applicable law, the Company disclaims all warranties and claims, whether express or implied, including any warranties that the Website, Application, Service and Products are merchantable, reliable, accurate, fit for any particular purpose or need, non-infringing, free of virus/ malicious programs, free of defects, able to operate on an uninterrupted basis, or that the use of the Application or Service by the user is in compliance with laws, or that content of Products generated will be accurate and precise. The User agrees to avail and use the Website, Application, Service and Products at his, her or its own sole risk.
  • Third Party resources: The Service provided under this EULcSA requires access to third party resources including hardware system of the User, internet facility, Google Analytics, Webmasters, Email ID and websites of others which may be governed by their independent contracts and costs. The User agrees that the Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party resources. 
  • Limitations: Without derogating from the generality of clauses 13] and 14] above, the Company will not be liable for interruption, malfunction, downtime or other failure of the Website, Application, Service and Products or any of their components for any reason whatsoever nor the loss or damage to third party resources or content accessed or made available while using the Website, Application, Service and Products and further to any such event over which the Company has no direct control.
  • Freebies / additional features for trial: At its sole discretion as to the manner, content, form and duration, the Company may from time to time, offer certain features and/or introduce certain new features of the Application and/or Service free of cost to the User. The User shall acknowledge that especially the new features may be untested, nonfunctional or partially-functional and shall therefore accept them at sole own risk. The Company shall not be liable for any claims relating to such freebies and introductory features.
  • Pecuniary limits to liability: In the event that applicable law does not allow the exclusion of certain warranties or product claims or the limitation or exclusion of liability for incidental, consequential or other damages, the Company, its agents or anyone involved in creating or providing the Website, Application, Service and Products shall, in no event, be liable for damages, losses, and/or causes of action exceeding the amount as may be paid by User to the Company as subscription fee for the then ongoing term of Service or Rs. 5000/-, whichever determined to be less.
  • Indemnity: The User agrees to indemnify and hold harmless the Company from all claims or causes of action, costs, fines, penalties, liabilities, damages, and expenses (including attorneys’ fees) resulting from or related to the User’s use of the Website, Application, Service and/or Products, violation of this EULcSA, or violations of any rights of a third party, or any allegation thereof.  The User further warrants his prompt and unconditional cooperation in any matter that requires assertion or defense of the Company’s rights in this context.
  • Reservations: The Company reserves the right to add, modify, suspend and/or discontinue features of this EULcSA, terms of use or content of the Website, Application, Service and/or Products at any time at its own sole discretion without requirement of any personalized/ individual intimation to all Users. The Company shall however post due notification of change visibly on its website www.imintelly.com. Continued use of the amended or changed Website, Application, Service and/or Products will constitute the User’s acknowledgement and agreement to such changes or modifications. At all times, the Company reserves the exclusive right to cancel, suspend any User account, or block access of any User to the Website, Application and/or Service at any time without necessity of providing notice or reason for proven and/or investigation of suspected violations of this EULcSA, the Company terms of use or Privacy Policy.
  • Collection of information: The Company may collect certain information including the Internet Protocol (IP) Address and information required for effective license administration and enhancing product functionality and usability of the Website, Application, Service and/or Products. The information collected may, or not, contain any personally identifiable information of the User and shall be collected without mandating the User’s discretion / permission. Such information shall be used solely for statistical purposes or understandings for enhancing and evaluating the ability, effectiveness and performance of the Website, Application, Service and/or Products.
  • Governing law and jurisdiction of courts: The User unconditionally and irrevocably consents that this Agreement shall be governed by substantive laws of India, excluding its conflicts of law rules, and further that any legal action arising out of or related to this EULcSA shall be subject to the exclusive jurisdiction of Courts at Delhi, India. Use of the Website, Application, Service and Products under this EULcSA may also be subject to other local, state, national, or international laws the compliances of which are entirely the responsibility of the concerned User.
  • Dispute resolution: All disputes and differences that might arise upon execution of this EULcSA shall be attempted to be settled amicably by direct communications between the User and the Company. In case said dispute is not so settled within period of 60 (Sixty) days, the dispute shall be referred to a panel of three arbitrators, with the Company appointing one arbitrator, the User appointing one arbitrator and the arbitrators so appointed jointly nominating a third presiding arbitrator to chair the proceedings. Venue of arbitration shall be Delhi. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 or such legislation then in force at the time a particular dispute is submitted for arbitration and shall be conducted in the English language. The arbitrators shall also decide on the costs of the arbitration proceedings. To the extent possible, after the commencement of any arbitral proceedings the Parties shall continue to perform their respective obligations under this Agreement. The provisions of this Clause shall survive termination of this EULcSA.
  • Severability: If any term(s) of this EULcSA are found to be invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms of this EULcSA.
  • No Waiver: Without limitation, failure of the Company to exercise or enforce any right or provision of this EULcSA shall not constitute a waiver of such right or provision
  • Force majeure: The Company will not be liable for any delay or failure to fulfill its obligations hereunder that results from any natural calamity (such as earthquake, flood etc.), war, civil disturbance, government policies, or other cause/s beyond its control. Provided that the Company shall endeavor to complete the task within a reasonable period after happening of any event as covered under such force majeure.
  • Legal Compliances: The Company is located and operates from India which is not subject to U.S. Government embargo and has not been designated by the U.S. Government as a “terrorist supporting” country and that it is not listed on any U.S. Government list of prohibited or restricted parties. The User, on the other hand, warrants that he/she is not, and will not be, located in any country which is subject of a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country while using the Website, Application, Service and/or Products.
  • Entire Agreement: This EULcSA constitutes the entire and exclusive understanding and agreement between the User and the Company regarding the IM Intelly Website, Application, Service and Products, and this Agreement supersedes and replaces any and all prior oral or written understandings on said subjects.
  • Company contact information: Any end-user questions, complaints or claims with respect to the IM Intelly Website, Application, Service and Products mentioned under this EULcSA should be directed to: privacy@imintelly.com

This EULcSA was last updated on July 26, 2018.Previous version of this EULA may be found here.