Terms of Service

 

Last updated on 17th September, 2021

 

These Terms of Service ("Agreement") constitutes a valid and binding agreement between the owner of sacinta.com (together with his affiliates, successors and assigns "Sacinta") and you ("you," or "your") for the use of the Sacinta through our website (www.sacinta.com), online services, and applications for computers and mobiles (assigns "Sacinta Softwares"), as the term is defined below. You must enter into this agreement in order to use or install Sacinta Softwares.

Sacinta may, at any time, and in its sole discretion, modify this Agreement, with or without notifying you. Any such modification will be effective immediately upon public posting. Your continued use of the Sacinta Softwares following any such modification constitutes your acceptance of this modified Agreement. It is your responsibility to check www.sacinta.com/terms for any modifications or updates.

BY USING OR INSTALLING THE SACINTA SOFTWARES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THOSE SET FORTH IN THE PRIVACY POLICY INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE OR INSTALL THE SACINTA SERVICES.

1. License Grant

Subject to the terms of this Agreement, Sacinta hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to use, and install use a single copy of the Sacinta Softwares, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "Sacinta Softwares"), onto a network server or computer workstation for your sole use to install, interact with and utilize the Sacinta Softwares, including the content and features contained therein. This license may not be shared, transferred to or used concurrently on different servers or workstations.

2. License Restrictions

(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Sacinta Softwares or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Sacinta Softwares; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Sacinta Softwares, including, without limitation, through sublicense, to any other entity without the prior written consent of Sacinta; (iv) export or re-export the Sacinta Softwares in violation of export law of INDIA; (vi) use the Sacinta Softwares to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the users of the Sacinta Softwares by monitoring, interdicting or intercepting any process of the Sacinta Softwares; and (viii) use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trapdoor, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the Sacinta Softwares. Furthermore, you may not use the Sacinta Softwares to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Sacinta Softwares, (D) performs any unsolicited commercial communication not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).

(b) The Sacinta Softwares contains confidential and trade secret information owned or licensed by Sacinta, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.

(c) The Sacinta Softwares is incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Sacinta to enforce any of your rights. All modifications or enhancements to the Sacinta Softwares remain the sole property of Sacinta. Sacinta reserves the right to add additional features or functions to the Sacinta Softwares. When installed on your computer, the Sacinta Softwares periodically communicates with Sacinta servers. You acknowledge and agree that Sacinta has no obligation to make available to you any subsequent versions of its software applications.

3. Permission to Utilize

In order to receive the benefits provided by the Sacinta Softwares, you hereby grant permission for the Sacinta Softwares to utilize the processor and bandwidth of your computer for the limited purpose of facilitating the communication between other Sacinta Softwares users.

4. Proprietary Rights

The Sacinta Softwares contains proprietary and confidential information of Sacinta, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the Sacinta Softwares, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of Sacinta and its suppliers, and except for the limited license granted to you, Sacinta reserves all right, title and interest in and to the Sacinta Softwares. You shall not take any action to jeopardize, limit or interfere with Sacinta' ownership of rights with respect to the Sacinta Softwares. You acknowledge that any unauthorized copying or unauthorized use of the Sacinta Softwares is a violation of this Agreement and copyright laws and is strictly prohibited.

5. Terms and Termination

(a) This Agreement will be effective as of the earlier of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below. If you have not accepted this Agreement, you may not use the technology. If you have had access to this Agreement and proceed to use the Sacinta Softwares, Sacinta will deem your continued use as an acceptance.

(b) You may terminate this Agreement at any time provided you cease all use of the Sacinta Softwares AND destroy or remove from all hard drives, networks, and other storage media all copies of the Sacinta Softwares in your possession. You will be required to pay for all usage through the date of the cancellation request. Sacinta may terminate this Agreement or discontinue offering the Sacinta Softwares at anytime and for any purpose without notice;

(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the Sacinta Softwares shall terminate and you must remove the Sacinta Softwares from your computer equipment and dispose of all originals and copies of the Sacinta Softwares in your possession, and (ii) this agreement, other than Section 1 hereof, shall survive such termination. Upon termination, Sacinta will delete all templates and data it stored from your usage. To be clear, if your account is terminated for any reason, and you would like to resume use of the Sacinta software, your data needs to be re-entered.

6. Your Representations and Warranties

(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the Sacinta Softwares for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the Sacinta Softwares to defeat or overcome any encryption and/or other technical protection methods implemented by Sacinta with respect to the Sacinta Softwares and/or data transmitted, processed or stored by Sacinta or other users of the Sacinta Softwares, (iv) you will not take any steps to interfere with or in any manner compromise any of Sacinta' security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by Sacinta, and (vi) you will only use the Sacinta Softwares on a computer on which such use is authorized by the computer's owner.

(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Sacinta Softwares, except to remove the Sacinta Softwares from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the Sacinta Softwares. Sacinta reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

(c) You understand and comply with the laws applicable to and governing the use of the features and functions of the Sacinta Softwares in each jurisdiction where the Sacinta Softwares will be used;

(d) If Sacinta has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, Sacinta may terminate this license, deny any or all use of the Sacinta Softwares, and pursue any legal remedy.

7. Indemnity

You agree to indemnify, hold harmless and defend Sacinta and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, total attorneys' fees, at all trial and appellate levels, and other dispute resolution expenses) incurred by Sacinta arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Sacinta Softwares.

8. Disclaimer of Warranties

(a) THE SACINTA SERVICES IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SACINTA, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SACINTA SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SACINTA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SACINTA SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SACINTA WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SACINTA SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(c) THE SACINTA SERVICES IS UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO SACINTA YOU ACKNOWLEDGE THAT INSTALLATION OF THE SACINTA SERVICES WILL ALLOW THIRD PARTIES WHO ARE NOT AFFILIATED WITH SACINTA THE ABILITY TO COMMUNICATE WITH YOUR COMPUTER ("OUTSIDE PARTIES"). YOU AGREE THAT SACINTA WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 9 (a), RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.

9. Limitation of Liability

IN NO EVENT SHALL SACINTA, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SACINTA SOFTWARE, EVEN IF SACINTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL SACINTA BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU TO SACINTA DURING THE 6 MONTHS PRECEDING THE INCIDENT OR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE SACINTA SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER SACINTA NOR ITS REPRESENTATIVE WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS AND YOU WILL HOLD SACINTA HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE ABILITY TO USE THE SACINTA SERVICES TO CONTACT EMERGENCY SERVICES.

10. Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links or methods as may be designated by Sacinta to use or download the Sacinta Softwares to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SACINTA SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

11. Marketing

When you download or use the Sacinta Softwares, you grant Sacinta permission to use your name, logo, mark, on its website or for any lawful purpose. You understand and agree to participate in any Sacinta case studies or marketing surveys.

12. Payment Policy

When you use paid services in the Sacinta Softwares, you will need to wire transfer the money to our bank account or use 3rd party services like paypal. Once the duration of the contract is done, you will need to renew it again within 15 days of expiry, failing which, your services will be downgraded to free demo license. We do not offer full or partial refunds under any circumstance. We reserve the right to increase prices, change or discontinue plans at any point and in our sole discretion. We will provide you with 15 days written notice prior to instituting the change. If you wish to cancel, upgrade or downgrade plans after being notified of the change, you must do so within the 15 day period or we will assign you a new plan and bill you accordingly based on your usage.

13. Limited Storage

You understand that Sacinta will have limited storage per license based on the type of license. Sacinta reserves the right to charge additional fees for storage that exceeds the limit and has no obligation to inform you if you exceed this amount. Sacinta will bill you in the following billing cycle for additional storage used in the current month. For details on pricing for additional storage, please   contact us

14. General Provisions

Sacinta reserves all rights not expressly granted herein. Sacinta may modify this Agreement at any time by posting the revised Agreement on its website located at www.sacinta.com. Your continued use of the Sacinta Softwares shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and Sacinta. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of Sacinta at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of State of Telangana, INDIA without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of competent jurisdiction located in Hyderabad, Telangana, INDIA and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Sacinta Softwares and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. Sacinta may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO USE OR INSTALL THE SACINTA SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SACINTA THE RIGHTS SET FORTH HEREIN.

 

If you have questions about our Terms of Use, please contact us