Terms of Service
Effective Starting: 27th Mar 2023
Dear customer,
We are grateful that you chose products from Praximax. This document lists out Your rights and responsibilities as a customer of Our products, together forming the "Terms of Service" (also referred to as "Terms" or "Terms & Conditions").
1. Parties
You, the customer, could be an individual or representing a corporate entity such as the company that employs you. If you are accepting these Terms on behalf of a corporate entity, then it is deemed that:
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You have read and understood these Terms;
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You are above 21 years of age;
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You have the legal authority to accept these Terms on behalf of the entity;
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By accepting these Terms, You bind the corporate entity you represent to the Terms.
If any of the above doesn't hold true, You should not click on the "I agree" (or a similar button or checkbox, etc.).
In the rest of the document, "You", "Your" and related pronouns and possessive determiners will refer to You, the customer.
We, Praximax Technologies Private Limited (aka Praximax), the company that owns and operates the software as a service (SaaS) offerings (such as Axon) that You are using.
In the rest of the document, "We", "Our", "Us" and similar pronouns and possessive determiners will refer to this entity.
The Terms are considered to be in effect on the date You signup by agreeing with them (by clicking the "I agree" button or another similar button or checkbox). These Terms do not need a paper or digital signature from You or Us in order to be binding on both parties.
2. The Solution
Subject to the Terms defined in this document, We shall provide You the software solution ("Solution") as a SaaS on a non-exclusive and non-transferable basis. You can use the Solution for your internal purposes only. You are entitled to only the services (i.e., parts of the Solution) that you are registered for and are covered in your subscription/purchase. You are not entitled to any of the source code, executables, documentation, or any other artefacts associated with the services.
The term "Solution" extends to the entire collection of software services that form the final software product(s) that You interact with, including the services that run in the background and are not directly accessible by You. The Terms extend to all these services, including the ones that are added to the Solution at a later point.
3. Restrictions
As a customer, You may not:
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rent, lease, loan, sell, sublicense, or otherwise transfer the Solution (or any part thereof) to any third party;
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reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Solution (or parts thereof);
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modify, adapt, or create derivative works of the Solution;
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use the Solution in any manner that violates any applicable law, regulation, or these Terms.
4. Intellectual Property
We, Praximax Technologies Private Limited, own all rights, titles, and interest in and to the Solution, including all intellectual property rights therein. You acknowledge that Your use of the Solution does not transfer any ownership or intellectual property rights to You.
5. Data Privacy & Security
We are committed to the privacy and security of Your data. Please review Our Privacy Policy, which is incorporated into these Terms by reference, to understand Our data collection, usage, and storage practices.
6. Fees and Payment
Access to the Solution may require payment of subscription fees. You agree to pay all applicable fees in accordance with the payment terms presented during the registration process or any subsequent renewal.
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We retain the right to change the pricing for any subscription package - You will be notified of any such changes that impact Your subscription at least 15 days in advance;
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At this point, We do not offer any refund on cancellation;
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We reserve the right to cancel any transaction that We have reason to believe has been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method;
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You (or your company) are solely responsible for any taxes on amounts it may pay for the Solution;
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Being a globally available SaaS, Your country's tax laws may not be supported by Our platform. Please consult with Us if there are any particular exceptions You need.
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7. Term and Termination
These Terms are effective upon Your acceptance and continue until terminated. You may terminate your account and this Agreement at any time by going through the steps provided in the Solution. We may suspend or terminate your account and this Agreement if You breach any provision of these Terms or fail to pay any fees when due. Upon termination, Your right to use the Solution (or any of its services) will cease. In case of a suspension, We reserve the right to permanently delete Your data from Our servers.
8. Disclaimer of Warranties
We warrant that, to the best of our knowledge, the Solution does not infringe the Intellectual Property of any third party. The Solution is provided on an "AS-IS" and "AS-AVAILABLE" basis. We, Praximax Technologies Private Limited, disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Agreeing with the Terms implies that You understand and accept the Solution is provided without warranties.
9. Limitation of Liabilities
In no event will be We, Praximax Technologies Private Limited, or any of Our subsidiary companies be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenue, data or goodwill arising out of in connection with this agreement or Your use of the Solution (or any part thereof), even if We have been advised of the possibility of such damages.
Our total liability to You for all claims arising from or related to this agreement or Your use of the Solution shall not exceed the amount paid by You to Us in the six months prior to the event giving raise to the liability.
10. Indemnification
You agree to indemnify, defend, and hold harmless Praximax Technologies Private Limited and its officers, directors, employees, agents, principals, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Your use of the Solution, Your violation of these Terms, or Your infringement of any intellectual property or other rights of any third party.
11. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between You and Us regarding the Solution (or any part thereof) and supersede and replace any prior agreements that You may have with Us regarding the Solution.
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12. Changes to Terms
We reserve the right to modify these Terms at any time. If We make material changes to these Terms, we will notify You by email or through the Solution via appropriate notifications. Your continued use of the Solution (or any part thereof) after such notification constitutes Your acceptance of the modified Terms. If You do not agree to the modified Terms, You must stop using the Solution (or any part thereof).
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13. Third Party Content
We do not post any of your content without express consent from You. However, the Solution may sometimes use links to third party websites or services that are not owned or operated by Us.
Examples include:
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links that lead to your code repositories (such as GitHub) or project management tool (such as Jira);
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links to external sites that define certain best practices or troubleshooting information.
(This is not an exhaustive list.)
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In such cases, We assume no responsibility for the content, privacy policies, or practices of these external websites or services.
By agreeing to these Terms, You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
14. Miscellaneous
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Entire Agreement: These Terms, together with Our Privacy Policy, constitute the entire agreement between You and Us (Praximax Technologies Private Limited) concerning Your use of the Solution and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
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Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
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Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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Assignment: You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempted assignment or transfer in violation of this section shall be null and void. We may freely assign or transfer these Terms without restriction.
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Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
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Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Us via email or through the Solution's notifications.
If you have any questions about these Terms, please contact Us at support@praximax.com