1. Important definitions and terms used in this agreement
1.1 Portal : “Sysilo.com” including it’s domain and or sub domain/s, server/s, design, logo, name or any other parts thereof.
1.2 Web-application : The web software application developed to make the portal “Sysilo.com” working, including it’s source code, program, database, logic, APIs, third party services or other essential parts to make web application working.
1.3 Data : Electronic data, records, transactions, digital files/ folders or any other digital content which is processed or stored on the portal or server.
1.4 Server : The owned or third party server on which “Sysilo.com” is hosted or where data is stored or processed.
1.5 Subscriber : An individual person or entity (represented by authorized person) registered with Sysilo.com to purchase the portal services against periodical payments .
1.6 User/s : The subscriber and or any other persons employed, hired or contracted by subscriber to access and use the portal.
2. Parties and enforcement of the agreement
This contract is made between Sysilo.com ( represented by Izzytech Ventures FZC, UAE) also referred as “First Party” and the Subscriber also referred as “Second Party”. This agreement was made on the day, when subscriber subscribed Sysilo.com by checking a “I Accept Terms and Conditions” checkbox or clicking register button on the portal Sysilo.com or at the time of placing order by other means (by email or any other written agreement signed by both parties).
3. Acceptance of the Agreement
3.1 Subscriber by registering or subscribing on the portal or accessing the portal or part thereof, accepts all terms and conditions of this contract.
3.2 First party may revise the agreement from time to time without any prior approval of the subscriber and latest amended agreement shall be posted on the portal. Any updated agreement will supersede the previous agreement. Subscriber shall review the portal from time to time for such amendments.
3.3 In case subscriber does not agree to any of the terms and conditions of the agreement including subsequent amendments, should immediately unsubscribe the portal services and should stop using the portal.
4. Intellectual property and ownership
4.1 The portal and web-application are owned by first party. The subscriber is only granted a license to use the portal against periodical payments. Subscriber does not constitute any ownership on the portal and web-application.
4.2 Data stored, registered, processed or uploaded on the portal/server by subscriber is responsibility of subscriber. The data is available to subscriber only by means of reports and views. Subscriber does not constitute any ownership on database structure and tables.
4.3 Under what so ever situation first party does not take any legal responsibility or ownership subscriber’s data on the server.
4.3 First party reserves right to own or hire the server ( from third party provider) on which subscriber’s data is stored. Subscriber does not have any ownership on such server or storage space or any other third party services used by Sysilo.com on the portal.
4.4 First party without notice, prior approval of subscriber has right to sell or change ownership of the portal.
4.5 First party without notice, prior approval of subscriber has right to change the domain or sub domain name the portal.
4.6 Subscriber hereby agrees, not to demand by notice, court or any authority’s order to access the server, database, web application’s program or source code of the web-application.
4.7 Subscriber herby agrees not to make the portal’s access available to any hacker, person or entity who uses the portal to gain unauthorized access to server, data or source code.
5. Scope and services of the portal
5.1 Sysilo.com is cloud based accounting and commercial resources management application which provides service to subscriber limited to recording, storing transactions or data and make helpful results available to users by way of reports.
5.2 The scope of the portal / web-application was explained to and agreed by the subscriber at the time of placing order or at the time of completion of free trail (if applicable).
5.3 User is responsible to use the portal, process the data, upload files on the portal through own resources such as manpower, internet, hardware, computers etc. Such resource items are not included by second party in the subscription.
6. Licensed to use and access to portal
6.1 Subscription is a limited license granted to subscriber by Sysilo.com, to use the portal for personal or own entity purpose only through self or authorized users.
6.2 Subscriber shall not share the access with or sub lease subscription to any other person or entity without written consent of first party.
6.3 The license to use the portal does not include any resale or commercial use of the portal without written consent of first party.
6.4 Subscriber agrees not use robot or similar automated objects to access or use the portal. Subscriber agrees not to access or reach to source code of the web-application. Subscriber agrees not to directly access the server without written consent of first party.
6.5 Subscriber agrees that it his responsibility to inform all own users about terms and conditions of this agreement. In the event of any legal conflict or any issue subscriber ( one authorized person in case of entity) will be only contact person or to deal with first party. First party reserves right to or not to deal with any other party, user representing the subscriber.
7. Ethical and legal use
7.1 Subscriber hereby agrees not to use the portal or any parts thereof to commit or promote, enable or facilitate unlawful or criminal acts, illegal trade or illegal business.
7.2 Subscriber hereby agrees not to transfer, distribute or store any data with prohibited content by law or regional authorities such as terrorist activities, money laundering, tax evasion, racism, pornography, hate speech, religious conflicts, insult, illegal trade or illegal business etc) applicable in any region.
7.3 Subscriber hereby agrees not to transfer, distribute or store any data which is protected by copy rights and subscriber does not on possess the copy rights or legal permissions for such data.
7.4 First party does not take ownership or responsibility of verification or validation of ownership or legality of the subscriber’s data.
7.5 Subscriber hereby agrees that the tax compliance, audit and any other legal compliances related to the data are his/her own responsibility and first party has no involvement or responsibility towards the same compliance.
7.6 Upon knowledge of illegal data first party reserves right to remove or delete such data with out any notice to or permission of the user and also reserves right to suspend, cancel or permanently close account of the subscriber.
7.7 Upon receipt of court order or authority order, first party reserves right to remove or delete such data with out any notice to or permission of the subscriber. First party also reserves right to suspend, cancel or permanently close account of the subscriber.
7.8 Under any legal issues, suspension or closure, first party is not liable for any liability, damages, loss of profit, loss of revenue and also not liable to refund the advance subscription paid if any.
8. Investigations and legal requirements
8.1 Upon orders of court or government authorities or any designated entity, first party reserves right to share subscriber’s data with the authorities.
8.2 Upon notice or order of courts or authorities first party reserves right to investigate or support or assist third party investigation without any notice to or permission of the subscriber.
9. Subscriber’s information and confidentiality
9.1 Subscriber will be treated as super user, administrator and registered user on behalf of second party. It is understood by subscriber that super user has full rights inside the portal. The registered super user may create another super user or assigned user ( assigned specific rights). Existing subscriber may change the registered user by informing first party by registered email. The subsequent registered user will be considered as new subscriber, primary contact person and a super user.
9.2 Subscriber confirms that he/she has legal age to enter into this agreement in order to accept the Agreement.
9.3 Subscriber hereby confirm that he/she is authorized or has right to be a party to this agreement on user’s or entity’s behalf.
9.4 Subscriber agrees that all information provided for registration and communication such as entity name, address, contact details etc, are true and correct. First party will not be liable for any consequences or losses caused due to wrong information provided by the subscriber.
9.5 Subscriber and all users are responsible for maintaining all due precautions to safe guard all usernames, passwords, other credentials (if any) and confidentiality of sensitive information.
9.6 Under any circumstances what so ever, first party will not be liable for any consequences caused due unauthorized access, theft, damage to subscriber’s data.
10. Server and third party services
10.1 First party without approval of the subscriber has full authority to decide the provider of server or third party service including location and technical requirements thereof.
10.2 First party without any approval of the subscriber has full authority to decide the domain and sub domain name/s, it’s location and also reserves rights to change the same at any time without approval of the subscriber.
11. Pricing and payments
11.1 First party without prior approval of the subscriber has full rights to amend the subscription pricing, features and functionality of the portal. User has right to unsubscribe the portal in case does not agree with such amendments. Under such situation first party reserves right to refund the advance paid by subscriber.
11.2 First party reserves right to block or suspend subscriber’s accounts in the case account remains unpaid for 90 days from due date.
11.3 First party reserves right to terminate subscriber’s account and delete data from server if remains unpaid and inactive for total 120 days (including 90 days). First party reserves right to provide back-up file to subscriber or reinstall deleted data.
11.4 Due to database structure and design confidentiality, the backup file of data may be provided in encrypted format and may not be useful other than Sysilo.com web-application.
12. Communications
12.1 Both parties hereby agree that e-mail will be official and accepted mode of communication with each other.
12.2 First party’s clientsupport@Sysilo.biz or admin@Sysilo.biz will be accepted email addresses where as second party’s registered e-mail address or any other email address specifically agreed in writing by first party will be used for communication.
13. Disclaimer of warranties and liabilities.
13.1 Though first party has honest and uncompromised intention to provide high quality, robust, secured, uninterrupted services to subscriber, there are inherent limitations and unavoidable circumstances such as internet irruption, portal’s bug / error, hacking, theft of data, cyber crime, virus, mal function, logical mistakes, wrong interpretation which might cause loss of data or loss of profits or damages to business of the subscriber. Under any such circumstances what so ever first party shall not be liable to the subscriber or it’s agent / representative or any third party who is dealing with subscriber.
13.2 In certain unavoidable circumstances, court orders, authority orders first party reserves right to close the business or shut down the portal completely or partly or regionally. Under any such circumstances first party shall not be liable to the subscriber or it’s agent / representative or any third party who is dealing with subscriber.
13.3 Under any circumstances what so ever, first will not be liable to the subscriber or it’s agent / representative or any third party who is dealing with subscriber for any damages arising out of use of the portal or its services or inability to provide services even if first party was informed of such inability or circumstances.
13.4 Under any circumstances what so ever, whether based on warranty, contract, tort, negligence, gross negligence or any other legal theory, first party will not be liable to the subscriber or it’s agent / representative or any third party who is dealing with subscriber.
13.5 Services provided on the portal are on “as-is” and / or “as- available” basis. First party does not warranty or guarantee any kind or usefulness, reliability, correctness, accuracy of the portal.
13.6 Subscriber hereby agrees to use the portal on own discretion and risk.
14. Legal jurisdiction
Upon unavoidable legal presiding or lawsuits, jurisdiction will be subject to courts of United Arab Emirates and no other legal jurisdiction will be accepted unless specifically agreed in writing by first party.
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