These Terms of Service ("Terms") govern the use of the ZNICRM software-as-a-service ("Service") provided by Intuerias Technology Private Limited ("Intuerias," "we," "us," or "our"). By accessing or using our Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not use or access the Service.
2. License Grant and Restrictions
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business purposes only. You agree not to:
- Use the Service for any illegal purpose or in violation of any laws, including but not limited to, those of the United States of America and India;
- Share, resell, sublicense, rent, lease, or otherwise distribute the Service to any third party;
- Modify, adapt, reverse engineer, decompile, or disassemble the Service;
- Use the Service for any purpose that infringes upon the intellectual property rights of others;
- Use the Service in a manner that is harmful, threatening, abusive, or harassing to others;
- Use the Service to store, transmit, or distribute malicious software, including viruses, worms, and trojan horses.
3. No Warranty
The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Intuerias disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4. Limitation of Liability
To the fullest extent permitted by applicable law, Intuerias shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with your use of the Service, or any other claim related in any way to your use of the Service.
5. Plan Validity
Any "Lifetime Plan" or "One-Time Payment Plan" purchased by the Customer shall have a maximum validity of ten (10) years from the date of purchase. If Intuerias shuts down before the end of this period, there shall be no liabilities on Intuerias, and the plan's validity shall end at that time.
6. Termination and Data Export
If Intuerias decides to shut down the Service, we will notify you at least thirty (30) days before the shutdown date. We will provide you with an option to export your data stored on the Service during this notice period.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the court of Lucknow, Uttar Pradesh, India.
8. Changes to Terms
Intuerias reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
9. Contact Information
If you have any questions about these Terms or the Service, please contact us at https://support.intueri.io
10. Entire Agreement
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the extent necessary to make it enforceable, or if that is not possible, eliminated, and the remaining provisions of these Terms shall continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Intuerias' prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. Intuerias may freely assign or transfer these Terms without restriction.
13. Force Majeure
Intuerias shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
14. Compliance with Laws
You agree to comply with all applicable laws, regulations, and ordinances relating to your use of the Service, including without limitation, any applicable import and export control laws and regulations.
All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to the contact information provided in Section 9. Such notices will be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by email (with confirmation of transmission) if sent during normal business hours of the recipient; or (iv) on the next business day if sent by email after normal business hours of the recipient.
16. No Agency
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Intuerias. You agree not to represent or imply to any third party that you are an agent, representative, or employee of Intuerias or that you have the authority to bind Intuerias in any way.
If you choose to provide feedback, suggestions, or ideas about the Service ("Feedback"), you acknowledge and agree that Intuerias may use, disclose, reproduce, modify, and distribute your Feedback without any obligation to compensate you or provide attribution. You hereby grant Intuerias a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, and transferable license to use, copy, modify, create derivative works of, distribute, and sublicense your Feedback in any form and for any purpose.
18. Dispute Resolution
Any disputes arising out of or in connection with these Terms or your use of the Service shall first be attempted to be resolved through good faith negotiations between you and Intuerias. If negotiations do not result in a mutually agreeable resolution, either party may pursue any and all available remedies under the applicable law.
19. Third-Party Services
The Service may integrate with or provide links to third-party websites, applications, or services. Intuerias does not endorse or assume any responsibility for such third-party services. If you access or use any third-party services, you do so at your own risk, and you understand that these Terms do not apply to your use of such services. You expressly relieve Intuerias from any and all liability arising from your use of any third-party service.
The headings in these Terms are for reference purposes only and do not affect the interpretation or meaning of any provision herein.
Any provisions of these Terms that, by their nature, should survive the termination or expiration of these Terms, including but not limited to Sections 3 (No Warranty), 4 (Limitation of Liability), 7 (Governing Law), 11 (Severability), 14 (Compliance with Laws), and 18 (Dispute Resolution), shall continue in full force and effect following such termination or expiration.
You agree to defend, indemnify, and hold harmless Intuerias, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any infringement of any intellectual property rights, any unauthorized use of the Service, or any breach of your representations and warranties contained herein.
23. Electronic Communications
When you use the Service or send emails to Intuerias, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
24. Additional Terms
Certain features or services offered through the Service may be subject to additional terms and conditions. In the event of any conflict between these Terms and any additional terms and conditions, the additional terms and conditions will control with respect to your use of or access to that feature or service.
25. No Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Intuerias to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms have been prepared in English and may be translated into other languages. In the event of any inconsistency between the English version and any translated version, the English version shall prevail, to the extent of such inconsistency.
27. Cookies and Tracking Technologies
28. Third-Party Tracking Technologies
29. Third-Party Terms
Your use of the Service may be subject to additional terms and conditions imposed by third-party service providers or licensors, such as payment processing services or other software integrations. You are responsible for reviewing and complying with any such third-party terms and conditions. Intuerias is not responsible for the content, privacy practices, or terms and conditions of any third-party services, and your use of any such services is at your own risk.
31. Indemnity for Third-Party Integrations
You agree to defend, indemnify, and hold harmless Intuerias, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of any third-party integrations, software, or services in connection with the Service, including, but not limited to, any infringement of any intellectual property rights, any unauthorized use of the third-party integrations, or any breach of your representations and warranties contained herein. This indemnity obligation includes any claims, liabilities, or damages arising from your violation of the terms and conditions imposed by such third-party service providers or licensors, or any harm or damages caused by the third-party integrations to the Service or other users.
32. No Uptime Guarantee for One-Time and Lifetime Payment Plans
Intuerias does not provide any uptime guarantees for the "One-Time Payment Plan" or the "Lifetime Plan." The Service under these plans is provided on a best-effort basis. Intuerias shall not be held responsible or liable for any damages or losses arising from any downtime, service interruptions, or unavailability of the Service.
33. Limitation of Liability for Security Incidents
Intuerias shall not be liable for any damages or losses arising from security incidents, including but not limited to, hacking, data deletion, ransom demands, data encryption, unauthorized access, or data leakage caused by unauthorized persons. You acknowledge that your use of the Service is at your own risk, and you are solely responsible for implementing appropriate security measures to protect your data.
34. Service Level Agreement for Monthly and Yearly Plans
For customers on monthly or yearly payment plans, Intuerias will use commercially reasonable efforts to provide 99.9% service availability. However, Intuerias shall not be liable for any damages or losses arising from any downtime, service interruptions, or unavailability of the Service, even if the 99.9% service availability commitment is not met.
35. No Refund Policy
Intuerias offers free trials and demos of the ZNICRM Service to allow customers to evaluate the suitability of the Service before making a purchase. As a result, all sales are considered final, and no refunds will be provided under any circumstances once payment for the Service has been made.
36. Customization Payments and Refunds
If you have made a payment for customizations to the ZNICRM Service, and work has commenced on those customizations, no refunds will be provided for any reason. In such cases, you are obligated to pay the full agreed-upon amount for the customizations, even if you ultimately decide not to use the Service or the customizations.
37. Lifetime and One-Time Payment Plans
A "Lifetime Plan" or a "One-Time Payment Plan" refers to a payment arrangement where a customer agrees to pay for using the cloud-based ZNICRM Service for the validity period specified in Section 5. Under these plans, ZNICRM is provided as a Software as a Service (SaaS) and does not require any downloads by the client. At no point will the user or you become the owner of the software or gain access to any of its code. You are permitted to use the services in accordance with the limitations and features specified in your selected plan.
By using the ZNICRM Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service. If you do not accept these Terms, you must not use the ZNICRM Service.