Terms and Conditions for Samotya Software Private Limited
Please read these terms and conditions carefully before using the http://samotyasoftware.com website (the “Service”) operated by Samotya Software Private Limited.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
INTRODUCTION
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Samotya Software accessible at http://samotyasoftware.com. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here with all guidelines, rules and policies which may be updated on the website from time to time. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. Samotya Software Private Limited may revise these terms and conditions at any time, without notice to you. The term Content refers to all the text, information, graphics, scripts, logos, photos, sounds, videos, interactive features and all other material on the Website. The term Samotya Software Products shall refer to the software products owned by Samotya Software Private Limited.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Samotya Software Private Limited and any products or Domains that we as a company may acquire, and but not limited to, including words and logos ("our trademarks") are registered trademarks of Samotya Software Private Limited. You may not at any time use our trademarks as part of any business or trading name, style or domain name until and unless the same is agreed upon by you and Samotya Software Private Limited in writing (i.e. under an agreement).
All content present on this website including information, graphics, images and overall appearance of the website are subject to copyright and other intellectual property rights.
LINKING TO OUR WEBSITE
You may link to our home page or any subpage of our website www.samotyasoftware.com (termed as “our website") provided that you comply with the terms & conditions listed below:
You do not link to any images displayed anywhere on our website except where you are expressly permitted by us to do so after a written permission. We reserve the right to withdraw any such permission for any reason without notice and to demand that you immediately remove any links to our images.
The link used by you should be in such a manner and for such a purpose that it does not damage our reputation or take advantage of it. Further, you must not establish a link to any image or page in such a way as to suggest any form of association, affiliation, approval or endorsement on our part where none exists.
You shall not link to our website from any website which is not owned by you or any website which is acting unlawfully, indecent or inappropriate, or in any other way incompatible with our reputation or business.
Our website in no condition or form must be framed on any other site.
You will not do, or omit to do, anything to diminish our rights in the logos or other trademarks or impair, jeopardize or invalidate any registration of the logos or trademarks and you will not alter, change or modify the logos in any way. This includes creating trademarks or logos that might resemble in any way to our trademarks or logos to take advantage of the reputation our company holds.
You may not at any time use our trademarks as part of any business or trading name, style or domain name until and unless the same is agreed upon by you and Samotya Software Private Limited in writing (i.e. under an agreement).
You acknowledge that all rights in the logos are vested in us (www.samotyasoftware.com) and that you shall not assert any claim any type of ownership of the logos or to the goodwill or reputation thereof by virtue of your use of the logos or otherwise. You agree that any goodwill derived from your use of the logos shall accrue to us.
You may not link to our website or use or reproduce our trademarks or logos other than is expressly allowed in this permission. We reserve the right to withdraw this permission for any reason without notice and to demand that you immediately remove any links to our website, our name, trademarks or logos from your website.
RESTRICTIONS
You are specifically restricted from all of the following:
publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Samotya Software Private Limited may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
USE OF OUR WEBSITE
All content included in this website is owned by Samotya Software Private Limited for the personal use of website users.
You may not use our website in any way that disrupts, interferes with or restricts the use by other users. You may not reproduce or copy the content of our website in any form without prior written permission.You shall not copy, modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this website without the prior written consent of Samotya Software Private Limited. We reserve the right to withdraw this permission for any reason without notice and to demand that you immediately remove any copyrighted material. This terms of use and permissions within and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with Indian Court of Justice or as may apply as per the convenience of Samotya Software Private Limited.
SAMOTYA SOFTWARE PRODUCTS
All Software is the copyrighted work of Samotya Software Private Limited and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that you have executed, or that accompanies or is included with the Software ("License Agreement"). If Samotya Software Private Limited makes Software available on this Web Site without a License Agreement, you may use such Software only to design, develop and test your programs to run on Samotya Software Private Limited products and services. Unless you have a valid License Agreement with Samotya Software Private Limited that entitles you to do so, you may not resell, sublicense, or redistribute any Software made available to you by Samotya Software Private Limited. If Samotya Software Private Limited makes any code marked as “sample” available on this Web Site without a License Agreement, then that code is available for you on an “AS-IS” basis to use at your own risk and Samotya Software Private Limited expressly disclaims any and all warranties, express or implied, regarding use of such sample code. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. FOR YOUR CONVENIENCE, SAMOTYA SOFTWARE PRIVATE LIMITED MAY MAKE AVAILABLE ON THIS WEB SITE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SAMOTYA SOFTWARE PRIVATE LIMITED DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS WEB SITE.
TERMINATION
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
FEES AND PAYMENTS
Customer agrees to pay the fees for the Service shown on the Order Form within 30 days of receipt of Samotya Software Private Limited's invoice unless otherwise specified on the Order Form. Fees are based in part on Customer's population served, Authorised Users and Additional Sites at the time of the order. If any combination of these elements materially increases (e.g., if the Customer acquires a new affiliate), a fee increase commensurate with such change may be required before access and use of the Service is provided to or for the benefit of the additional user population, Authorised Users and/or Additional Sites. Firm U.S. Government orders require a valid purchase order and advance payment or payment in accordance with FAR 52.213.2.
SOFTWARE LICENSE, UPDATES & COPYRIGHT
Purchasing a license for a specific application gives you the permission to install and use the application on a single Mac that you personally own and use, unless otherwise stated. Additional licenses must be purchased if you wish to use an application on more than one Mac. You must not disclose your license key to anyone else. We may at our sole discretion offer free and/or paid updates to our applications, but we are not required to do so. Samotya Software Private Limited applications and services are protected by copyright laws and international treaty provisions. All title and copyright in and to the applications and services are owned by Samotya Software Private Limited.
OUTSIDE THE MAC APP STORE (I.E. VIA OUR WEBSITE)
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
REFUNDS
Purchases made via samotyasoftware.com through Paddle are not refundable if the license key has been used to activate the application. Therefore, please make sure to use the free trial and ensure the application is suitable for your needs before making a purchase. Refunds are handled strictly on a case by case basis. If you have not used the license key, then please submit a refund request within 14 days via email us at info@samotyasoftware.com
U.S. GOVERNMENT USE.
Samotya Software Private Limited Documentation, Software, products, APIs, and Web Services obtained from the Web Sites include “Commercial Computer Software” and “Commercial Computer Software Documentation.” In accordance with Section 12.212 of the Federal Acquisition Regulations (FAR) and Sections 227.7202-1 through 227.7202-4 of the Defense Federal Acquisition Regulation Supplement (DFARS), any use, duplication or disclosure of Samotya Software Private Limited Documentation, Software, products, APIs, and Web Services by the U.S. Government or any of its agencies will be governed by and subject to all of the terms, conditions, restrictions, and limitations of the License Agreement or these TOU. Use of Documentation, Software, products, APIs, and Web Services obtained from the Web Sites is agreement by the Government that Documentation, Software, products, APIs, and Web Services include "commercial computer software" and "commercial computer software documentation" and is acceptance of the rights and restrictions in the License Agreement or these TOU. If for any reason Documentation, Software, products, APIs, or Web Services are not considered commercial or the License Agreement terms or TOU are otherwise deemed not to apply, the Documentation, Software, products, APIs, and Web Services will be deemed to be provided with “Restricted Rights” as defined in FAR 52.227-14(a) and FAR 52.227-14(g)(4) (Alt III), or DFARS 252.227-7014(a)(15) and DFARS 252.227-7014(b)(3), as applicable.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Web Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Samotya Software Private Limited immediately of any unauthorised use of your account or any other breach of security. Samotya Software Private Limited will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Samotya Software Private Limited or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Sites, you will not use the information, Documentation, Software, products, APIs, and Web Services obtained from the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the information, Documentation, Software, products, APIs, and Web Services in any manner that could damage, disable, overburden, or impair any Samotya Software Private Limited server, or the network(s) connected to any Samotya Software Private Limited server, or interfere with any other party's use and enjoyment of any information, Documentation, Software, products, APIs, and Web Services available from the Web Sites. You may not attempt to gain unauthorised access to any information, Documentation, Software, products, APIs, and Web Services obtained from the Web Sites, other accounts, computer systems or networks connected to any Samotya Software Private Limited server or to any of the Websites, information, Documentation, Software, products, APIs, and Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites.
MATERIALS PROVIDED TO SAMOTYA SOFTWARE OR POSTED AT ANY SAMOTYA SOFTWARE WEB SITE
By posting, uploading, inputting, providing or submitting any information or feedback (“Submission”) you are granting Samotya Software Private Limited, its affiliated companies, and sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of a Samotya Software Private Limited software or service that includes the Submission), without charge, the right to use, share and commercialise your Submission in any way and for any purpose. You will not give any Submission that is subject to a license that requires Samotya Software Private Limited to license its software or documentation to third parties because we include your Submission in them. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to post the Submission. Submissions reflect the opinion of the author and not the opinion of Samotya Software Private Limited.
LINKS TO THIRD PARTY SITES
THIRD PARTY LINKS WILL LET YOU LEAVE SAMOTYA SOFTWARE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SAMOTYA SOFTWARE AND SAMOTYA SOFTWARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SAMOTYA SOFTWARE OF THE SITE.
LIMITATION OF LIABILITY
In no event will Samotya Software Private Limited be liable for any damages, including without limitation, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with any party's use of the website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this website or any website operated by any third party or any contents of this website or any other website, even if Samotya Software Private Limited is aware of the possibility of such damages.
NO WARRANTIES
Although Samotya Software Private Limited attempts to provide accurate content on the website, it makes no warranty that such contents are accurate or suitable for any particular purpose or will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis.
JURISDICTION
To be governed by and constructed according to the laws in force in India. The service receiver shall hereby submit to the jurisdiction of the courts situated at Jaipur for the purpose of actions and proceedings arising out of the contract and the courts at Jaipur shall have the sole jurisdiction to hear and decide such actions and proceedings.
AGREEMENT
You agree that by, registering, accessing, logging in, using our services (our website, including related mobile apps, web services, outsource services, or any content or information provided as part of these services, together, the “Service” or “Services”) or similar, you agree and are entering into a legally binding agreement (even if you are using our Services on behalf of a company) with our company. Your agreement with us includes these Terms and Conditions of Use (“Terms”), our Privacy Policy . If you do not agree to this Agreement, do NOT enrol (or similar) and do not access or otherwise use any of our Services. We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.
TAXATION
Tax (GST, VAT and other Taxes) governed according to the Local governing authorities.
INDEMNIFICATION
You agree to indemnify, defend and hold Samotya Software Private Limited harmless from and against all expenses, claims, losses, damages and costs, including reasonable attorney’s fees, arising out of or relating to any misuse by the user of the content and services provided on the Site.
DISCLAIMER
The information contained on our website has been obtained from sources believed to be reliable. Samotya Software Private Limited disclaims all warranties as to the accuracy, completeness of the materials or the reliability of any advice, statement, opinion or other information distributed through the website. You agree that any reliance on any such statement, opinion, advice or information shall be at your sole risk and shall not be held against Samotya Software Private Limited for any legal or personal purposes. Samotya Software Private Limited reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website. Samotya Software Private Limited may change or discontinue any aspect of its website at any time, including, its content, products, services or prices described in the website at any time without notice.
Contact Us at Our Registered Office: Samotya Software Private Limited c/o Rameshwar Parsad, Samotya Bhawan, V/P - Didwana Lalsot Dausa Rajasthan 303511 India CIN: U72900RJ2021PTC076145 Phone: +91 8209532344 Support Email: info@samotyasoftware.com