TERMS OF SERVICE

ACCEPTING THE TERMS OF SERVICE:

The purpose of this website, www.citrya.com(the “Website/Site”), owned and operated by Citrya Innovations Private Limited (“Company/Us/We/Our”), a company incorporated under the Companies Act, 1956 is to provide mobile and dynamic website creation and hosting services, data analytics, for campaigns and other requirements (collectively, “Services”). Please read these terms of service (“Agreement/ Terms of Service”) carefully before using the Site or any App or any Services provided on the Site. By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by you (“Subscriber/User/You/Your”) under the following terms and conditions:


The features and Services available through or provided in connection with the Site and Your engagement with Us are governed by this Agreement. This Agreement does not alter in any way the terms or conditions of any other agreement You may have with Us, or Our subsidiaries or affiliates, for services or otherwise. If You are using the Site on behalf of any entity, You represent and warrant that You are authorized to accept these terms on such entity's behalf, and that such entity agrees to indemnify Us for violation of this Agreement.


We reserve the right to change or modify any of the terms and conditions contained in this Agreement, and any such changes shall be communicated to You by indicating the summary of changes made at the top of the Agreement and the date such document was last updated. Any material changes shall be highlighted on the homepage. As a registered User, You will again be required to accept the changed Terms of Service to continue using the Site and the Services after such changes or modifications, In case You are not a registered User then such change or modification shall apply as is to You.


i. OFFERINGS AND SERVICES
Our Services are related to providing:
(a) Design and creation of Online Profiles and Personal websites.
(b) Website development and analytics
(c) Hosting services for Your content and data on Our web servers
(d) Data Analytics on access of content hosted with us and related advisory services
(e) Advertising platform for Your own as well as third party products and services
Some of the Services rendered by Us may be subject to relevant fee and Your Services shall start only upon receipt of fee as applicable for the particular Services subscribed by You.

As part of the Services it is clarified that We have no control over, and at no time be liable or responsible for any engagement, agreement and/ or any commercial understanding that You may have pursuant to information obtained from Our Site. It is understood by You that the services received under such engagement is solely between You and the service provider and You disclaim all liabilities in that context against US. Further, it is clarified that We are at no time liable or responsible for any direct or indirect use of information obtained from our site that you have decided to share publicly by intended or unintended third parties. For any additional information, please see Our Privacy Policy.


ii. FEES 
As consideration for the use of Services on Our Site or for services rendered, You agree to pay Us the applicable service (s) fees as communicated to you which shall be made available to You upon Your acceptance of this Agreement. You agree that upon Your acceptance of this Agreement, terms communicated to you shall become an integral and operative part of this Agreement and You shall be bound under the payment terms provided therein as well. The following are the applicable payment terms:
(a) You agree to pay all subscription fees and other fees applicable to your use of Services and you shall not circumvent the fee structure.
(b) For subscriptions based services, the subscription fee is paid monthly or yearly (depending on the Plan) in advance and is non-refundable.
(c) For all services rendered other than hosting or subscription services, payment advances maybe requested as per communication sent to you and the entire amount is due immediately on completion of the project.
(d) Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. We are in no way responsible for any of the taxes except for Our own income tax.
(e) You can make payments using any of the third party payment gateways integrated with our Services or through electronic funds transfer.
(f) We consider the payment process to be complete only on receipt of the amount to our designated bank account.
(g) All Fees are exclusive of taxes. Service Tax is levied on every purchase as applicable.


iii. ACCOUNT
To use the hosted Services, You are required to register and provide your name, valid email address, contact number and other details. Please see Our Privacy Policy. on how the personal information would be used. You are solely responsible for the confidentiality of any password, other account information and any activity that you undertake under your account, that You create in order to use the Services. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that We are not liable in any manner for any loss, additions, modification or deletions that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by Us, Our affiliates, officers, directors, employees, consultants, agents, and representatives due to mis-use of your account or password. Log-in to your account shall be used by one person. Multiple people are not permitted to share the same/single log-in. From time to time We may find it necessary to access Your account. For instance, We may access Your account for support, maintenance or security-related reasons. In such event, We will, if possible, provide You notice of Our intent, to use Your username and password, to do so. Please refer to Our Privacy Policy. to know more.


iv. LIMITED LICENSE TO USE We grant You a non-exclusive, non-transferable, revocable license to access and use Our Site and Services, strictly in accordance with this Agreement. In return for this license, You agree to wholly abide by all terms herein, of which the violation of any is grounds for immediate termination of Your account with notice as well as for subjecting You to possible civil and criminal action. You grant Us exclusive, royalty free, perpetual license to use all the information and analysis derived from Your account and information generated by Your usage of the Services, for analytics and such other services. We represent that We shall maintain Your personally identifiable information in confidence and in keeping with Our Privacy Policy.


v OWNERSHIP Except for Your personal information and User exclusive information, the content on the Site and the App such as Our logo, and all designs, text, graphics, pictures, news, forecasts, information, data, analytics, software and other content and files, and the selection and arrangement thereof, any intellectual property or any and all other information (collectively, the "Materials"), are the proprietary property of the Company or Our licensors (if any) and are protected under trademark and copyright laws of India. No right or title or ownership to any Material is transferred herein by way of this Agreement.


vii. RESTRICTION ON USE
You may not:
• copy or reproduce the Services through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system;
• violate any third party’s intellectual property right;
• modify, adapt, or create derivative works of Our Services; or
•reverse engineer, decompile or disassemble the Services.
In keeping with the Services provided by Us You acknowledge that all content created for You for uploading on the Site, such as photos, videos, social media links, and any other information you want hosted (“User Content”), is Your sole responsibility. By sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. We cannot check whether Your use of the Site and/ or the App infringes legal rights of others or violates any law for the time being in force. We urge You to investigate and ensure that Your use of the Site and/ or the App does not infringe the legal right of others. During the period that We provide Service, You agree not to post, upload, transmit, distribute, store, create or otherwise publish any of the following:
a) User Content that is unlawful, or in violation of local, state, national, or international laws, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, seditious, provoking or enticing communal or religious sentiments of any individual, group or community or otherwise objectionable;
b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise violate any local, state, national or international law, rule, or regulation.
c) User Content that may post or transmit any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, "junk mail," "Spam," "chain letters," or any unsolicited mass distribution of email, infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, You represent and warrant that You have the lawful right to distribute and reproduce such User Content;
d) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
e) Viruses, corrupted data or other harmful, disruptive or destructive files;
f) Stalking, harassing, or otherwise harming others Users
g) User Content that may contain viruses, corrupted files, or any other similar software or programs that may cause damage of any kind.
h) using any automated system such as but not limited to “robots,” “spiders,” to generate more requests than is humanly possible to deny the Service to others;
i) Compromise the integrity or try to decipher the system or its communication through which the Services are provided;
j) taking any action that imposes a disproportionately large load on the infrastructure or otherwise interferes with the proper working of the Service;
k) collecting or harvesting any personally identifiable information, including account names, from the Service;
The above list is not exhaustive and We may, at Our sole discretion, make additions to the same.
We rely on Users of the Services or any other person who accesses Our Services by virtue of it being in public domain to bring violations to Our attention. In case a User or any other person reports abuse for and against You, the Site and/ or the App moderator shall ensure immediate action is taken to remove Your profile and/ or Your account from the Site and/ or the App. Without prejudice to the provisions contained herein, the Site and/ or the App moderator may even choose to terminate Your access to the Services immediately.


vii. COPYRIGHT POLICY
Notwithstanding the provisions contained above, We have internally ensured due compliance with the procedures set forth in the Digital Millennium Copyright Act (“DMCA”) for the reporting of alleged copyright infringement. It is the Our policy to respect the legitimate rights of copyright owners, their agents, and representatives. You are required to respect the protection provided by applicable copyright law.
Any DMCA notification can be sent to the Company’s representative at legal@citrya.com
The following elements must be included in Your copyright infringement claim:
(a) An electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
(d) Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number and an electronic mail address at which the complaining party may be contacted.
(d) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing of the DCMA notification.
Procedure: It is expected that all Users of any part of Our Services will comply with applicable copyright laws. However, if We receive proper notification of claimed copyright infringement We will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will comply with the appropriate provisions of the DMCA in the event a counter notification is received.


viii. TERMINATION
Depending on the nature of Services subscribed to by You:
a. in case of the App Services You may terminate Your account with Us at any time by deactivating Your account from Our App.
b. in case of Site You may terminate Our Services only upon 30 days notice to Us. During such notice period You shall clear all Our dues and any other charges that accrue due to Your use of Our Services.
In case of App, termination is effective from the date and time of deactivation / deletion of the account but in case of termination of Services from the Site, it shall be effective 30 days from the date of notice of termination by You.
Notwithstanding anything contained in this Agreement, We may terminate Your account for breach of any of the terms of this Agreement or for Services used on the Site on non payment by
You in case of a default for two (2) consecutive months, If Your account is terminated pursuant to the forgoing, We reserve the right to remove any and all personal information uploaded by You or by Us on Your behalf on the Site and/ or the App.


ix. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE AND/ OR THE APP AND THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.


x. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AND AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, LOSS OF BUSINESS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES.


xi. EXTERNAL SITES
Our Website may be linked to the website of third parties, affiliates and business partners. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality for such websites or made available by / through Our Website. Inclusion of any link on Our Website does not imply that We endorse the linked site. You use the links and these services at Your own risk.


xii. NON CIRCUMVENTION
You agree not to circumvent and engage any other independent contractor for rendering services similar to that agreed herein during the engagement period.


xiii. NON-SOLICITATION
You shall not hire or contract any of Our employees for a period of two (2) year following the termination or cancellation of this Agreement. You cannot also hire or contract any of Our employees during the period of this Agreement.


xiv. INDEPENDENT CONTRACTORS
The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party.


xv. INDEMNITY
You agree to indemnify Us and Our partners, agents, officers, directors, employees, subcontractors, successors, assigns, attorneys, course providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney's fees, related to Your violation of this Agreement or the use of Our Site and/ or the App and Services and any infringement claims by a third party over the creating, uploading of Your information on Our Site and Your use of Our Services through Our Site and/ or the App.
In case of Your usage of Our Site and pursuant to the same by creating Your profile, You warrant that Your are authorized to do so and We and Our related parties shall be indemnified at all times from any intellectual property infringement claims made against Us.


xvi. GOVERNING LAW AND JURISDICTION
This Agreement and Your use of the Site and/ or the App and any Services therein shall be governed by and construed in accordance with the laws of India. You agree that any action in law or in-equity arising out of or relating to this Agreement shall be filed only in India and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts located in Bangalore, India. In the event of any conflicts between foreign law, rules, and regulations, then the Indian law, rules, and regulations, shall prevail and govern.
In case any dispute arises dealing with, but not limited to, the interpretation or the enforceability of this Agreement, Site and/ or the App or the Services herein the same shall be submitted for resolution to a sole arbitrator appointed by Us under the Arbitration and Conciliation Act, 1996.
The seat of arbitration will be Bangalore and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on all parties to the dispute. All costs related to such legal action shall be borne by You.


xvii. SEVERABITLITY
If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable by a competent court, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.


xviii. HEADING
Heading used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.


xix. MODIFICATION AND INTERRUPTION TO SERVICE
We reserve the right to modify or discontinue Our Services for upkeep or any other reason, with or without notice to You and We shall not be liable to any User or third party for any such modification or interruption of service.


xx. QUESTIONS & CONTACT INFORMATION
Questions or comments about the Site and/ or the App or the Services may be directed to Us at the email address legal@citrya.com.
Last update on: 17 September 2016.