TERMS OF SERVICE FOR PALGEO SERVICES

Thank you for selecting the Services offered by Palgeo (Part of iPalPap Software Private Limited) and/or its subsidiaries and affiliates (referred to as “Palgeo”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Palgeo. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If we provide a version of this agreement in a language other than English, such other version shall be for reference only and the English language version will form the binding Agreement. If you do not agree to this Agreement, then you may not use the Services.

Section A

GENERAL TERMS AND CONDITIONS FOR THE PALGEO APPLICATION SUITE

  1. AGREEMENT

    This Agreement describes the terms governing your use of the Services. This Agreement includes by reference:

    • Palgeo Privacy Policy (www.palgeo.com/privacy-policy/)
    • Data Usage Policy (www.palgeo.com/data-usage-policy/)
    • Additional terms and conditions, which may include those from third parties.
    • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data usage policy, etc.

    You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:

    • You can form a binding contract with Palgeo;
    • You are not a person who is prohibited from receiving the Services under the laws of the your country and
    • You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including applicable trade regulations.
  2. YOUR RIGHTS TO USE THE SERVICES
    1. The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Palgeo. Palgeo reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Palgeo grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

    2. You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

      • Provide access to or give any part of the Services to any third party.
      • Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
      • Decompile, disassemble, or reverse engineer the Services.
      • Make the Services available on any file-sharing or application hosting service.
  3. PAYMENTS AND TAXES

    For Services offered on a payment or subscription basis, the following terms apply, unless Palgeo or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

    1. Payments will be billed to you in INR (Indian Rupees) or in USD (when outside India) which may be made available (plus any and all applicable taxes, including without limitation VAT and GST, and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

    2. You must pay with one of the following:

      1. A valid credit card acceptable to Palgeo;
      2. A valid debit card acceptable to Palgeo;
      3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
      4. By another payment option Palgeo provides to you in writing.
    3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

    4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

    5. Palgeo will automatically renew your monthly Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.

    6. Additional cancellation or renewal terms may be provided to you on the website for the Services.

  4. USE WITH YOUR MOBILE DEVICE

    Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

    PALGEO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

    1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
    2. ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
    3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
  5. DATA PROCESSING AND PRIVACY
    1. If you use the Services: we will be the Controller of Account Data, and you will be the Controller of the Personal Data and Customer Data that we Process on your behalf and we will process that Personal Information as a Processor in accordance with our Data Usage Policy available here: www.palgeo.com/data-usage-policy/

    2. The terms “Account Data,” “Controller,” “Customer Data,” “Processor,” “Data Subject,” “Personal data” (also referred to as Personal Information in the Agreement) and “Processing” (and “Process”) referenced herein shall have the meanings given in the Data Usage Policy www.palgeo.com/data-usage-policy/

    3. Palgeo takes the security of your personal information very seriously. Palgeo strictly adheres to the norms and privacy policies as per consumer protection act 2019 ( India) and Information technology act 2000 ( India). Palgeo shall be considered a Business and/or Third Party, as applicable. Where Palgeo acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Palgeo is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable Palgeo to (i) share any and all Personal Information you provided with any Palgeo company, including Palgeo and any parent, subsidiary, affiliate, or related company of Palgeo (collectively, the “Palgeo Family Companies”), and (ii) use any such Personal Information in connection with any and all Palgeo Family Companies’ internal operations and functions, including, but not limited to, improving such Palgeo Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Palgeo Family Companies does not constitute a “sale” of such Personal Information under the information technology act 2000 (India).

  6. CONTENT AND USE OF THE SERVICES
    1. Responsibility for Content and Use of the Services.
      1. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Palgeo a worldwide, royalty-free, non-exclusive license to host and use your Content. Notwithstanding the foregoing, to the extent that any Content you provide to Palgeo relates to or could be associated with any of your customers or users (“Personal Information”) Palgeo will only use such Personal Information as needed to deliver the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Palgeo is not responsible for any of your Content that you submit through the Services.

      2. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:

        • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others or criminal or civil liability under any local, state, federal or foreign law;
        • Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
        • Except as permitted by Palgeo in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
        • Virus, Trojan horse, worm or other disruptive or harmful software or data; and
        • Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
    2. Restricted Use of the Services.
      1. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Palgeo or could subject Palgeo to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Palgeo’s opinion, is prohibited under this Agreement; (v) any other activity that places Palgeo in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Palgeo system or network or to breach Palgeo’s security or authentication measures, whether by passive or intrusive techniques. Palgeo reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.

    3. Community Forums.

      The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Palgeo does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Palgeo is not responsible.

    4. Palgeo May Freely Use Feedback You Provide.

      You agree that Palgeo may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Palgeo a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Palgeo in any way.

    5. Palgeo May Monitor Content.

      Palgeo may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Palgeo or its customers, or operate the Services properly. Palgeo, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

  7. ADDITIONAL TERMS
    1. Unless specifically included with the Services, Palgeo is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

    2. Palgeo May Tell You About Other Palgeo Services.
      You may be offered other services, products, or promotions by Palgeo (other “Palgeo Services”). Additional terms and conditions and fees may apply. With some Palgeo Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.

    3. Communications.
      Palgeo may be required by law to send you communications about the Services or third party products. You agree that Palgeo may send these communications to you via email or by posting them on our websites.

    4. You Will Manage Your Passwords and Accept Updates.
      You are responsible for securely managing your password(s) for the Services and to contact Palgeo if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

  8. DISCLAIMER OF WARRANTIES
    1. YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALGEO, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. PALGEO AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

    2. PALGEO, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

  9. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE AGGREGATE LIABILITY OF PALGEO, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, PALGEO, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET PALGEO SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF PALGEO AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF PALGEO, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

    You agree to indemnify and hold Palgeo and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Palgeo reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Palgeo in the defense of any Claims.

    The disclaimers of warranty and limitations of liability set forth herein are an essential element. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply or fully apply to Customer. Except as expressly provided in this Agreement, all representations, warranties, conditions and other terms, whether express or implied by stature, common law or otherwise are hereby excluded by Palgeo to the maximum extent permitted by law.

  10. CHANGES

    We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. The relationship creates on you a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Services, We grant You a personal, non-exclusive, non- transferable, limited privilege to enter and use the Website.

  11. TERMINATION

    Palgeo may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Palgeo policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Palgeo’s interests or those of another user of the Services. Upon Palgeo notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Palgeo’s rights to any payments due to it. Palgeo may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

  12. GOVERNING LAW

    Any legal disputes shall be subjected to Chennai, India Jurisdiction Only .Your use of the Palgeo Website shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them.

    The parties hereby confirm that the English language shall be the governing language of these terms and conditions. The parties also hereby confirm that, in the case of any conflict or claim that results in litigation between the parties related to the sale of Palgeo Software, that all costs associated with said litigation, including legal fees, incurred by the prevailing party, shall be paid by the opposing party.

  13. FORCE MAJEURE

    PALGEO will be excused from any obligation to the extent performance thereof is prevented by acts of God, fire, flood, riots, material shortages, strikes, governmental acts, disasters, earthquakes, Pandemic, inability to obtain labour or materials through its regular sources, or any other cause beyond Palgeo’s reasonable control.

  14. Dispute Resolution Mechanism
    1. If a dispute arises in relation to any aspect of this Agreement, the representatives of the Customer and PALGEO responsible for the administration of this Agreement shall first consult and discuss in good faith in an attempt to come to an agreement in relation to the disputed matter. If the parties fail to resolve the dispute at that level within a reasonable period of time (having due regard for the nature of the dispute and the operational necessity for its resolution), the dispute shall be escalated to the respective responsible company directors within each party for resolution.

    2. If the dispute remains unresolved between the parties after fourteen (14) days after it has been referred to the directors of the parties pursuant to Clause 14.1 above, then:

    3. if the parties so agree, the parties may proceed to mediation provided by the government for Dispute Resolution (or such other body as the parties may agree); or

    4. if the parties so agree, the parties may proceed to arbitration by an arbitrator recognised by the Chartered Institute of Arbitrators, India; or

    5. if the parties so agree and the dispute in question is of a technical nature, the parties may appoint a suitably qualified technical expert to determine the matter on a basis to be agreed between the parties; or

    6. the parties may employ any other method or procedure for the resolution of disputes as may be agreed between them; and

    7. if no such agreement is reached between the parties pursuant to all listed clauses above within a period of seven (7) days, both parties shall be entitled to pursue the matter in law / appropriate courts.

  15. GENERAL

    This Agreement, including the Additional Terms below, is the entire agreement between you and Palgeo regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Any license of Palgeo software or purchase of Palgeo services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and Palgeo, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.

  16. SEVERABILITY

    If any provision of these terms and conditions is held by a court, government agency or other legal authority of competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not invalidate, void or render unenforceable any other portion of these terms and conditions.

  17. SURVIVAL OF TERMS

    The termination or cancellation of any Buyer Purchase Order shall not affect the parties' obligations and rights hereunder which by their nature should be understood to survive such termination or cancellation.

Section B

ADDITIONAL TERMS AND CONDITIONS FOR THE PALGEO SERVICES

These Additional Terms and Conditions for the Palgeo Services shall apply to you in addition to, and shall prevail over any conflict or inconsistency with, the Section A Terms and Conditions for the Palgeo Services above. Capitalized terms not otherwise defined below have the meanings provided in the Section A terms above.

  1. THE SERVICE

    Palgeo is a mobile & web app or Internet-based service (the “Service”) which will permit the processing, retrieval, and transmission of transaction data submitted by you pursuant to the terms of this Agreement.

  2. SERVICE USE RESTRICTIONS.

    As used herein, “Software” refers to any software incorporated into the Service.

    1. You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by Palgeo.

    2. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store “critical” data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.If you are registering for the Service on behalf of an entity or organization, (1) you confirm such entity or organization is duly authorized to do business in the country or countries where it operates, (2) you are an authorized representative of such entity or organization, and (3) you agree that the employees, officers, representatives and other agents of such entity or organization accessing the Service are duly authorized to access the Service and to legally bind such entity or organization to these terms.

  3. NO REFUNDS.

    The Service is billed in advance (One-time Acquisition Cost and a Monthly Subscription Fees is applicable) on a monthly basis and is NON-REFUNDABLE, unless otherwise provided by Palgeo. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account.

  4. PERSONAL INFORMATION.
    1. Personal Information. You represent and warrant to us that:

    2. You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with applicable law ;

    3. If you are providing Personal Information to us that is not personal to you and from customers or users who are located in countries outside India, you agree that you have either provided the Data Subject notice or received permission from the Data Subject and have the appropriate legal basis, as required by applicable law, for us to:

      1. use, and/or disclose the personal information in accordance with the Palgeo Data Usage Policy www.palgeo.com/data-usage-policy/;

      2. provide the Personal Information to Third Party Products that you approve; and

      3. otherwise use and disclose the Personal Information in accordance with this Agreement and the Palgeo Data usage policy.

    4. If there is any discrepancy between this Agreement and the Palgeo Data Usage Policy with respect the collection, use, and/or disclosure of Customer Data (as defined in the Data Usage Policy), the Palgeo Data Usage Policy will control.

    5. Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Palgeo customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Palgeo, for information and guidance purposes only, and Palgeo and such User are not responsible in any way for your use the Account Content.

    6. Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Palgeo may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Palgeo sending text messages containing security codes to your telephone number. You agree to receive these texts from Palgeo containing security codes as part of the MFA process. In addition, you agree that Palgeo may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Palgeo may use your telephone number to contact you about special offers or other Palgeo or third party products or services unless you opt out of such marketing.

  5. APPLE REQUIREMENTS.

    If you downloaded any part of the Service from the iTunes or Mac App Store, the following terms also apply to you:

    1. Acknowledgement: You acknowledge that this Agreement is between you and Palgeo only, and not with Apple, and Palgeo, not Apple, is solely responsible for the Software and the content thereof.

    2. Scope of License: The license granted to you for the Software is a limited, non- transferable license to use the Software on Mac products that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.

    3. Maintenance and Support: Palgeo and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

    4. Warranty: Palgeo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Palgeo’s sole responsibility.

    5. Product Claims: Palgeo, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Palgeo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

    7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a terrorist-supporting country; and (ii) you are not listed on any India Government list of prohibited or restricted parties.

    8. Developer Contact Info: Direct any questions, complaints or claims to: Palgeo (iPalPap Software Private Limited, #3/17, GST Road, Alandur, Chennai, Tamil Nadu – 600016)

    9. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.

    10. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.

  6. MISCELLANEOUS TERMS.
    1. You acknowledge that the Service is not a payroll system and you agree to take full responsibility to validate the accuracy of data produced by the Service when used by you for your own payroll or billing purposes.
    2. You accept sole responsibility for ensuring compliance with state and Central labour laws and reporting and hold Palgeo harmless and indemnifies Palgeo from any and all payroll, tax and labor compliance liabilities.
    3. All Palgeo Services are COTS or “Commercial-Off-The-Shelf Software” items.
    4. All Palgeo Services are intended solely for use as defined in this Agreement, and in the applicable Palgeo Privacy Statement, incorporated herein by reference, solely as a time record keeping product by small business owners. Any other use of the product will not be in accordance with its intended design. All use of the product requires that any public disclosures, communication, characterizations, references to product name or uses of the product, references to Palgeo, collection of data, or releases of information of any kind pertaining to the purchase or license of the product, are expressly prohibited and require prior written consent from Palgeo.
  7. EQUALITY AND DIVERSITY

    PALGEO shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Supplier shall not unlawfully discriminate within the meaning and scope of the relevant or equivalent legislation, or any statutory modification or re-enactment thereof.

  8. COUNTRY SPECIFIC TERMS.

    The Service is controlled, operated and administered primarily from offices within India. Palgeo makes no representation that the Service is appropriate or available for use at other locations outside of India and access to them from territories where their contents are illegal is prohibited. If you access the Service from locations outside of India, you are responsible for compliance with all local laws. In the event of a conflict between the terms of general Terms of Service and the Country Specific Terms below, the country specific terms of India shall apply.

Date:01-OCT-2020

Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

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