Funisto - Terms Of Service

Terms of Service

ISR Technologies (“Funisto”, “we”, “us” and terms of similar meaning) provides this web site (in these terms we call this site and any successor websites, and any software provided by Funisto for use with the site, the “Site”) to you subject to these terms and conditions of use (these “Terms”). Please read these Terms carefully before using the Site. By accessing or using the Site or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies, and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site. The term “you” refers to the user or viewer of our Web Site.

This Site is not intended to be used by children. You must be at least of the age of majority to use this Site.

Violation of any of the terms below may result in the termination or deactivation of your Account. While Funisto prohibits uploading, posting, sharing of illegal, unauthorized, content on the service, you understand and agree that Funisto cannot be responsible for the content posted on the service through your or your company’s account, and that you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time. A notice about any such amendment will be sent to you, either via email, our website, our blog or through any other public medium. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

You expressly understand and agree that Funisto shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Funisto has been advised of the possibility of such damages), resulting from your usage of the Service.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using the Site you agree to our use, collection, and disclosure of personally identifiable information in accordance with the Privacy Policy.

About the Funisto software

Funisto is an IT and Procurement management software provided over the internet. This software can be used by organizations/companies, through an authorized representative of the organization/company. In order to use the Funisto software, one has to adhere to the “Registration” norms mentioned in this agreement below, and make necessary payments as mentioned on the website (funisto.com). Any payment made for usage of Funisto software will be subject to the “Accounts”, “Registration”, “Representation”, “Billing”, “Payments” and “Modification to the Service and Prices” terms mentioned below.

Account Terms

You must be of majority age or older to use this Service, and a legal representative of your organization.
You must be a human. Accounts registered by ‘bots’ or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person. A single login shared by multiple people is not permitted.
You are responsible for all activity that occurs under your account (even when activity is generated by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Registration

If you register for an account on the Site, you agree to:

provide accurate, current, and complete information as may be prompted by any registration/signup forms on the Site (“Registration Data”)
maintain the security of your password
maintain and promptly update the Registration Data, and any other information you provide to Funisto and to keep it accurate, current, and complete
accept all risks of unauthorized access to the Registration Data and any other information you provide to Funisto. You are responsible for all activity on your Funisto account, and for all charges incurred by your Funisto account

Warranties and Liability of Funisto:

We represent and warrant that:

our website (www.funisto.com) shall run with an up-time of [95]% (“Service Level”); and
from time to time, we may temporarily suspend access to the website for routine maintenance and software upgrade tasks. This temporary suspension for maintenance and software upgrade may be carried out with prior notice, as long as the maintenance/software upgrade is a planned action.
There might also be unforeseen/unexpected urgent maintenance/software upgrades required which be carried out ad hoc with or without prior notice (although we expect this to happen rarely).

We do not warrant that:

the Service will always meet your requirements or expectations.
the Service will always be uninterrupted, timely, secure, bug or error-free.
the calculations performed by the Service are always 100% accurate.
any errors or bugs in the Service will always be corrected immediately or by any date/time which customer requests.

Payments

You represent and warrant that:

Any payment information you supply is true and complete
Charges incurred by you will be honored by you, your bank, your debit card, or your credit card company
You will pay the charges incurred by you at the agreed upon prices, including any applicable taxes

Refund

You represent and warrant that:

Any payment made to Funisto is complete and final
There will be no refund in any circumstances

Billing

Payments for your use of the Service are calculated on a per user/asset/module basis, within your company’s Funisto account. Each account registered by you that utilizes a paid (not free) plan, will incur periodic charges. These periodic charges can be billed to the credit card, debit card, or your bank account (via an online or offline mode). In either case, you understand and agree that you, as the Funisto account holder, are ultimately responsible for payment for every account under your account.

Our service is offered as a periodic subscription, calculated on monthly pricing basis and offered through an annual payment plan.
Your subscription plan pricing will be determined based on the number of users, assets and combination of product modules you’ve chosen.
The service is billed in advance for the subscribed period.
For any upgrade or downgrade in plan level, depending on the method of Payment you have chosen, you will be charged accordingly. If you have used your credit card or debit card, our system will automatically charge the new rate on your next billing cycle.
Downgrading your Service may cause the loss of content, features, or capacity of your Account. Funisto does not accept any liability for such loss.
All prices listed on the website may be displayed in INR (Indian Rupees) or USD (US Dollars) or Euro currencies.
In order to treat everyone equally, no exceptions will be made for any payment terms listed in this agreement.

Deactivation or Cancellation of Account

You are solely responsible for properly deactivating or canceling your account. You may deactivate/cancel your account at anytime from the “Account” page within your account.
There is no separate deactivation/cancellation fee, over and above the subscription fee you may be paid for using your account (if any).
All the data present in your account will be immediately inaccessible, and it will be deleted from our servers upon deactivation/cancellation of your account. Once your account is deactivated/canceled, your data cannot be recovered.
Once you have deactivated/canceled your account, there will be no charge/fee billed after the end of any already paid subscription of the account.
Funisto may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In such case, Funisto will give you temporary access or option to download all your account data as-is, before or after termination of service.
Funisto reserves the right to refuse service to anyone for any reason at any time.
Accounts that are inactive (not logged-in)/idle/deactivated/cancelled for more than 3 months (90 days) will be removed permanently from our servers. In data loss caused due to this deletion is not our responsibility.

Modifications to the Service and Prices

Funisto reserves the right at any time and from time to time to modify or temporarily discontinue, the Service (or any part thereof) with or without notice. Temporary discontinuation will only occur in case of special circumstances such as unexpected or unavoidable software errors, security issues or legal obligations. In such circumstances, it may or may not be possible to give prior notice. However, an appropriate notice will be given to all customers as early as possible.
Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days prior notice from us.
Such notice may be provided to you at any time by giving a prior written notice of 30 days in addition to posting the changes to the Funisto Web Site (https://www.funisto.com), and/or Funisto Twitter Account, and/or the Service itself.
Funisto shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed in this Agreement, is strictly prohibited. Some of the content on the site is the copyrighted work of third parties.

Service Marks

Funisto is our service mark or registered service mark or trademark. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license.

to access and use the Site strictly in accordance with this Agreement
to use the Site solely for internal, personal, non-commercial purposes
to print out discrete information from the Site solely for internal, personal, and non-commercial purposes, and provided that you maintain all copyright and other policies contained therein.

The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

General Conditions for Ethical and Legal Usage

Verbal, physical, written or other abuse of any Funisto customer, employee, member, or officer will result in immediate account deactivation/cancellation and legal action.
You must not upload, post, or transmit unsolicited email or “spam” messages or otherwise any material that is illegal, pornographic, abusive or obscene.
You agree to receive administrative and legal notices about the Service electronically via email or snail mail.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials, or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not:

copy, print (except for the express limited purpose mentioned in this agreement), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from there
use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism
create compilations or derivative works of any Content and Materials from the Site
use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties
remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site
make any portion of the Site available through the Internet or any other technology existing now or developed in the future
remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture
use any automatic or manual process to harvest information from the Site
use the Site for the purpose of gathering information for or transmitting

unsolicited commercial email
email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing
unsolicited telephone calls or facsimile transmissions

use the Site in a manner that violates any state or national law regulating email, facsimile transmissions or telephone solicitations
export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of India

Linking to the Site

You may provide links to the Site, provided

that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site
your site does not engage in illegal or pornographic activities
you discontinue providing links to the Site immediately upon request by us

Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. In addition, ISR Technologies reserves the right to refuse acceptance of any advertisement it considers inappropriate for whatever reason.

Errors, Corrections, and Changes

We do not represent or warrant that the Site will be error-free, free of viruses, or other harmful components. We will make all possible efforts to correct any errors/defects that are brought to our notice. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time without notice. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Non-transferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limitation of Liability

A. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from

any errors in or omissions from the Site or any services or products obtainable there from
the unavailability or interruption of the Site or any features thereof
your use of the Site
the content contained on the Site
any delay or failure in performance beyond the control of a Covered Party.

B. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR UNDER THIS AGREEMENT (INCLUDING IN RELATION TO THE INDEMNIFICATION CLAUSE ABOVE) SHALL NOT EXCEED THE TOTAL AMOUNT OF PAYMENTS MADE DURING THE TERM OF THIS AGREEMENT AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Use of Information

You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Third-Party Merchant Policies

All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Statements on Site

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

Links to other Web Sites

The Site may contain links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is located on the Site
Your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can reach us by using the Contact Form provided on the site

Information and Press Releases

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Bangalore, India and shall be governed by and construed in accordance with the laws of the Union of India. All actions shall be subject to the limitations set forth in this agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

[LAST UPDATED: September 13, 2017 @ 18:30]