Terms & Conditions
Terms of Service
Last updated on: 3rd Sep 2024
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THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND PINKUNICORN ALGORITHMS OPC PVT LTD (HEREINAFTER “PINKUNICORN”) GOVERNING YOUR USE OF PINKUNICORN'S SUITE OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE IF YOU ARE BASED IN INDIA. IF YOU ARE NOT BASED IN INDIA, OUR GLOBAL TERMS OF SERVICE WILL APPLY.
Agreement Overview
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to the use of individual Services (hereinafter the “Service-Specific Terms”). In the event of a conflict between the General Terms and Service-Specific Terms, the Service-Specific Terms shall prevail.
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Acceptance of the Agreement
You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms but do not agree to any Service-Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox, clicking on a button indicating your acceptance, or by actually using the Services.
Description of Service
We provide cloud software and applications for businesses, including associated offline and mobile applications ("Service" or "Services"). The SaaS service in scope here is ProtectionMark.com. You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and, if you choose to do so, you can publish and share such content.
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Early Access and Beta Services
We may offer certain Services as closed or open early access or beta services ("Early Access Service" or "Beta Services") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of these services. We will be the sole judge of the success of such testing and the decision, if any, to offer these services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Early Access or Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of these services with or without notice to you. You agree that PinkUnicorn will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any Early Access or Beta Service for any reason.
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Free Trial Period
If you register for a free trial of one or more Services, PinkUnicorn will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable Services (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable Services, or (iii) termination by PinkUnicorn in its sole discretion. Any data that you enter into the Services, and any customizations made to the Services during the free trial, will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support, or liability whatsoever, to the extent permitted by law.
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User Registration and Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if PinkUnicorn has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, PinkUnicorn may terminate your user account and refuse current or future use of any or all of the Services.
Permitted and Restricted Uses
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make them available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by reassigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer, or decompile the Services; (v) use third-party links to sites without agreeing to their website terms & conditions; (vi) post links to third-party sites or use their logo, company name, etc., without their prior written permission; (vii) attempt to gain unauthorized access to the Services or their related systems or network; (viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, or resource of PinkUnicorn; (ix) use the Services to send or store material containing software viruses, worms, or other harmful computer codes, files, scripts, or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security, or performance of the Services, their components, and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity without consent or permission from such person or entity; (xii) violate any applicable local, state, national, or international law; (xiii) use the Services for any form of competitive or benchmarking purposes; (xiv) remove or obscure any proprietary or other notices contained in the Services; (xv) use our Services in any manner that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or insults other countries; (xvi) create a false identity to mislead any person as to the identity or origin of any communication; (xvii) use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; or (xviii) use the services in a manner that relates to or encourages any activity prohibited by law in India.
Prohibited Activities and Legal Compliance
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail," "spam," "chain letters,” “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Third-Party Integrations
ProtectionMark services integrate with many third-party applications (hereinafter "Third Party Application(s)"). Access and use of the Third-Party Applications may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications (hereinafter "Third-Party Terms"). You are responsible for reading and understanding the Third-Party Terms before accessing or using any Third-Party Application. You acknowledge and agree that PinkUnicorn is not liable for any Third-Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that PinkUnicorn may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from ProtectionMark services, any Third-Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill, or other intangible losses.
Fees, Payments, and Renewals
The Services are available under subscription plans of various durations. Payments for subscription plans of durations less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the
renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized PinkUnicorn to charge the subscription fee to the Credit Card last used by you. Please contact us at anshu.kumar@pinkunicornalgorithms.com for any queries related to your subscription.
Contact Information
For any questions or concerns regarding this Agreement, please reach out to us at anshu.kumar@pinkunicornalgorithms.com . We are here to assist you with any queries or issues you may have.