Terms of service

The Productiviti service ("Service") is provided in accordance with these Terms of Service ("Terms"). These Terms constitute part of the overall agreement ("Agreement") between you and the service provider, and they outline the conditions under which you may use the Service, including software, mobile applications, websites, and related services (collectively, the "Services").

Please read these Terms carefully before using the Services. By accessing or registering for an account, you acknowledge and agree to these Terms, the Privacy Policy, and other applicable policies. If you do not agree, you must not access or use the Services.

1. Personal data we collect

"Agreement": These Terms, together with the Privacy Policy, Data Processing Agreementand other written or electronic agreements that govern the use of the Service.
"Control": Ownership or control of more than 50% of voting interests of an entity.
"Customer": Refers to you, your organization, or your employer.
"Data Controller": The party determining the purposes and means of processing personal data, which could be you, your organization, or your employer. The service provider acts as the Data Processor for such data.
"Data Processor": The entity processing personal data on behalf of the Data Controller.
"Data Protection Laws" Applicable laws and regulations regarding the processing of personal data under the Agreement, including but not limited to the Information Technology Act, 2000, and the Digital Personal Data Protection Act (DPDP) of 2023, as amended from time to time.
"Personal Data": Information that identifies or can identify a natural or legal person.
"Process/Processing": Operations performed on personal data, such as collection, storage, and use.
"You", "Your","User": Anyone accessing or using the Services, including staff members or users of related applications.

2. License for Use of the Service; Identity Verification

The Productiviti Service is made available to you under the conditions set forth in these Terms. All rights not specifically granted to you, including ownership of the Productiviti Service, its software, updates, and source code, are retained by the service provider

By registering for the Productiviti Service, you are granted a license to install and use it for the number of authorized Users you designate. Access to the Productiviti Service is restricted to individuals you authorize, and the provider may request a list of these authorized users at any time. You are strictly prohibited from renting, leasing, selling, or redistributing the Service. Any updates provided are also governed by these Terms, and you agree to protect the Productiviti Service and its updates from unauthorized use or distribution.

3. Installation, Customization, and Updates

You are responsible for installing the Productiviti Service and making any necessary modifications to ensure compatibility with your computer system. All updates, upgrades, enhancements, and modifications will be managed by the service provider. These updates may include improvements tailored to your specific configuration.

Throughout the duration of these Terms, you must provide the service provider with access to your computer system to facilitate updates. If you do not allow updates to be performed, it may impact your warranty and the license to use the Productiviti Service.

4. Term and Fees

Subject to prior notification of pricing, the Productiviti service reserves the right to charge you for the use of the Service on a regular basis (e.g., weekly or monthly). These Terms will commence upon your registration for the Productiviti Service and will remain in effect until you or the service provider terminates your use. You are responsible for all fees payable to the service provider and any compensation owed to Marketplace Members up to the termination date.

5. Termination

Upon termination of these Terms, access to the Productiviti Service and all associated updates may cease to function correctly, and all warranties related to the Service will no longer be valid. Your rights under these Terms will automatically terminate without prior notice if you fail to comply with any provision. Additionally, the service provider reserves the right to terminate your access if it determines, at its sole discretion, that you have misused the Service, even if such misuse is not explicitly outlined. Provisions concerning copyright and other protectable interests will continue to remain in effect even after termination.

6. Proprietary Nature of the Service

The Productiviti Service and Platform are proprietary assets and trade secrets. You acknowledge that the Service comprises proprietary content, information, and materials protected under relevant intellectual property laws, including copyrights, trademarks, and service marks. You agree to utilize this proprietary information solely for purposes authorized under these Terms.

You are strictly prohibited from reverse engineering, duplicating, translating, modifying, copying, printing, disassembling, decompiling, or tampering with the Productiviti Service or any associated software. Any breach of this provision may cause irreparable harm to the service provider, which reserves the right to seek appropriate remedies, including specific performance and damages.

7. Consent to Use of Data

You consent to the collection and use of technical data and user information by the Productiviti application as outlined in the Privacy Policy. This information may encompass details about you, your device, system, and software, which may be gathered periodically to facilitate updates and enhance services related to the Productiviti application.

Personal Data, which is any information that can be used to identify or contact you, is handled distinctly from general information, which does not include identifiable details. Productiviti may utilize Personal Data for internal purposes, such as notifying you about updates or services, and may share such data with third parties for processing in accordance with instructions.

General information that excludes identifiable details is owned by Productiviti and may be utilized at its discretion. Data may be processed both in the country of collection and in other jurisdictions, which may have varying data protection standards. Personal Data may be disclosed under certain circumstances, including compliance with legal obligations, preventing misuse of the application, or protecting the rights and interests of Productiviti, its users, or the public.

In the event of a change of control, such as through the sale of assets, Productiviti will inform users prior to any transfer of Personal Data or its subjection to a different privacy policy.

8. User Content

You are solely responsible for any information, data, text, photos, videos, software, or other materials you submit, post, or display through the Productiviti service "User Content". Productiviti does not claim ownership of your User Content but may need to use it to provide services to you. By sharing User Content through the service, you grant Productiviti a non-exclusive, worldwide, royalty-free license to use, reproduce, and adapt your content as necessary to operate and improve the service. If your content is intended for public sharing, you further authorize Productiviti to distribute and publish it for promotional purposes.

When using the service, you agree not to infringe on the intellectual property rights of others. You must have the right to post the content you share. If you share content in a public area of the service, other users may access, view, and use it for personal purposes. However, you retain ownership of your User Content and associated rights.

Productiviti reserves the right to review and remove any User Content at its discretion if it believes the content may pose risks or violate laws, company policies, or the rights of others. The company may also terminate user accounts for repeated infringement of intellectual property rights.

Additionally, any profile you create must accurately represent you or an entity you are authorized to represent. Productiviti does not guarantee the accuracy of any profiles derived from User Content, which may differ from the original submission.

Productiviti takes privacy seriously and is committed to ensuring the protection of user data. Any actions involving User Content are conducted with care to maintain data security and integrity.

9. Intellectual Property Rights

Trademarks

The trademarks, trade names, logos, and service marks ("Trademarks") displayed on the productiviti.io website are the property of Productiviti or third-party owners. Nothing on the website or within these terms grants an implied or explicit license to use the Trademarks without prior written consent from Productiviti or the respective third-party owner.

Website Content and Copyright

All content on the productiviti.io website, including text, logos, graphics, photos, videos, and other digital media, is protected under intellectual property laws. The content is intended for personal, non-commercial use only and may not be reproduced, modified, redistributed, or reposted without written permission from Productiviti. Any downloading, copying, or use of content does not transfer ownership rights to you. All rights not explicitly granted herein remain with Productiviti.

If you believe your copyrighted work or trademark is being infringed upon, please contact Productiviti via email at support@productiviti.io

10. Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTIVITI APPLICATION IS AT YOUR OWN RISK. PRODUCTIVITI DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, OR BE FREE FROM ERRORS. THEREFORE, YOU SHOULD NOT RELY SOLELY ON THE PRODUCTIVITI APPLICATION FOR ANY PURPOSE. THE APPLICATION AND ALL ASSOCIATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. PRODUCTIVITI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, FROM PRODUCTIVITI OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

11. Privacy and Cybersecurity Indemnification

You acknowledge that Productiviti processes Personal Data provided by you, either individually or through a business. Under these Terms, you act as the "Data Controller", while Productiviti operates as the "Data Processor". You agree to fulfill your responsibilities as the Data Controller, in accordance with applicable Indian laws and data privacy regulations, such as the Information Technology Act, 2000, and the Digital Personal Data Protection Act (DPDP).

To the fullest extent allowed by law, you agree to indemnify and hold harmless Productiviti, its affiliates, officers, employees, and agents from any claims, liabilities, or damages arising from your actions or omissions, including breaches of data privacy, cybersecurity obligations, negligence, or non-compliance with these Terms. This indemnification also includes losses, legal costs, or penalties associated with such incidents.

12. Limitation of liability

Productiviti shall not be liable for any loss or damage to you or any third parties caused by the use of the Productiviti application or the information contained within it. You waive all claims against Productiviti arising from the performance or non-performance of the application, including any errors or changes to the content that you make. Productiviti shall not be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to lost profits, data loss, or business interruptions, even if advised of the possibility of such damages. In no event shall Productiviti's total liability to you exceed the amount you actually paid for the Productiviti application in the 365 days preceding your claim notification. This limitation applies even if the remedy fails of its essential purpose.

13. Consent to Electronic Communications

By registering for the Productiviti application or sending us emails, faxes, push notifications, or text or voice messages, you are entering into an electronic communication agreement with us. In doing so, you expressly consent to receive communications from us through these digital channels, which may include pre-recorded or auto-dialed messages. We may communicate with you via email, fax, push notifications, or voice and text messages, or by posting notices on the application itself.

You agree that all agreements, notices, disclosures, and other communications provided electronically will satisfy any legal requirement that such communications be in writing. For services and platforms that integrate mobile functionality, please be aware that standard messaging, data, and other rates or fees from your carrier may still apply.

Your consent includes receiving marketing communications, updates, and service-related information, which you may opt out of at any time, following the instructions included in the messages.

14. Consent to Cross-Border Transfers of Personal Data

Users located outside of India explicitly acknowledge and consent to the processing of their Personal Data as necessary for the operation of the Productiviti application. This may include access to Personal Data by individuals in various jurisdictions, some of which may not offer the same level of data protection as in your home country. By providing your Personal Data, you consent to its collection, processing, and international transfer in accordance with these terms and applicable laws, including compliance with relevant data protection regulations.

15. No Rights Granted; Non-Assignability

These Terms do not convey any rights, title, or interest in the Productiviti application or any associated trade secrets. You are prohibited from selling, transferring, or otherwise distributing any part of the Service to third parties. The Service must not be represented as originating from any source other than the official provider. These Terms are personal and exclusive to you, and you may not assign or transfer any rights or obligations set forth herein.

16. General Provisions

1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, including pertinent statutes such as the Indian Contract Act, 1872, and the Information Technology Act, 2000, without regard to any conflict of law principles.

2. Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in [relevant city], India, for any disputes arising from these Terms.

3. Indemnification

You agree to indemnify and hold harmless Infomover Technologies and its affiliates, including their officers, employees, and agents, from any claims or damages resulting from your breach of these Terms or any applicable laws.

4. Legal Costs

In the event of any dispute related to these Terms, Infomover Technologies reserves the right to recover reasonable attorney fees and expenses incurred in connection with such dispute.

5. Severability Clause

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will continue to be in full effect, reflecting the original intent of the parties.

6. Waiver Clause

The failure to exercise any right or provision under these Terms shall not be deemed a waiver of such right or provision, nor shall it affect the validity of these Terms.

17. Suggestions and Feedback

Productiviti values your feedback and inquiries regarding the application. Should you provide any suggestions or comments, all such feedback will become the exclusive property of Productiviti. This grants the company the right to utilize your feedback at its discretion for any purpose without any obligation to compensate you or acknowledge your contributions. However, Productiviti is not obligated to act on or implement any feedback received.

18. Refund Policy

You have the option to cancel your account at any time through your organization's page or by emailing support@productiviti.io with the subject line "Cancel". If you need further assistance with the cancellation process, we are happy to provide guidance. Please note that refunds will generally not be issued, except in specific cases deemed appropriate by our support team. For detailed information, please refer to our Refund Policy.

19. Legal Notice

Productiviti may modify these Terms or any additional terms, and such modifications will become effective upon notification sent to the email address you provided during registration. If you do not agree with any changes, you should discontinue your use of the Service.

Legal Notice:

Communications made through the Productiviti website or any contact links do not constitute legal notice to Productiviti or its representatives where such notice is required by law or contract. To provide legal notice to Productiviti, please use the following contact information:

Productiviti

Email: support@productiviti.io

20. Eligibility

To use Productiviti, you must:

(i) be at least eighteen (18) years old and legally capable of entering into contracts; (ii) successfully complete the account registration process; (iii) consent to these Terms and the Agreement; (iv) provide accurate, complete, and current contact and billing information; (v) not reside in any region facing governmental restrictions or prohibitions; and (vi) not be included on any official list of restricted or prohibited individuals.

By using the Service, you confirm that you satisfy all these conditions and will not misuse the Service in contravention of applicable laws or regulations. Productiviti reserves the right to refuse service, terminate accounts, and amend eligibility criteria as necessary.

21. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations, including but not limited to the Information Technology Act, 2000, and the Digital Personal Data Protection Act (DPDP) 2023. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any laws and regulations. Productiviti is not liable if your use of the Service violates any laws or regulations to which you are subject. You may not use the Service for any unlawful or discriminatory activities. You represent and warrant that you have obtained valid consent or other legal bases for all data, including Personal Data, you upload to, store, or process with the Service.

You further agree, represent, and warrant to Productiviti that:

(i) you will obtain and maintain all necessary permissions and valid consents required to lawfully transfer data to Productiviti and to enable such data to be lawfully collected, processed, and shared by Productiviti for the purposes of providing the Service or as otherwise directed by you; and(ii) to the extent Productiviti processes your data protected by applicable data protection laws, you and Productiviti shall comply with the applicable Data Processing Agreement, which is incorporated into and forms an integral part of these Terms.

You agree to indemnify and hold Productiviti harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.

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