Kleensy

Kleensy_Blue

Terms & Conditions

Terms & Conditions

By agreeing to proceed with the subscription you agree that these terms and conditions are binding between you and BVB Analytiqs Private Limited (“Company” or “Kleensy”). We maintain this software as a service to our customers. By using our software, you are agreeing to act in accordance with and be bound by the following terms of use. Please review the following terms. If you do not wish to comply with these terms, you should not review information or obtain Kleensy services.

1. SAAS SERVICES AND SUPPORT:

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
  • In consideration of the payment of the applicable fees as discussed in the Subscription order form, Kleensy hereby grants to Customer a non-exclusive, non-transferable, non-sub licensable, personal license to access and use Company’s proprietary software, and those additional modules and/or services selected and as selected and paid for by Customer on the next page.
  • Kleensy offers an approximate 99% software uptime, not including scheduled maintenance which consists of up to ________ hours per month.
  • Customer will be informed _____ days prior to any such scheduled maintenance. Neither company nor any party affiliated with company warrants that the Software, or access thereto, is, or will be, uninterrupted or without error.
  • As part of the implementation process, Customer will identify an administrative user name and password for Customer’s Company account. Company reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
  • Subject to the terms hereof, Company will provide Customer with reasonable technical support services (hereinafter, "Support"). Support is defined as response by the Company to telephone and e-mail contacts initiated by the Customer to address the performance of the Software.
  • Company will provide Technical Support to Customer via the email ID support@kleensy.io on business days between 9 am to 9 pm (“Support Hours”).
  • Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

2. RESTRICTIONS AND RESPONSIBILITIES:

  • Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services. With respect to the Software access to Customer for use on Customer devices, Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
  • Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
  • Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
  • Customer data shall include the data and personal information of the public at large who avail of services from the Customer. Customer shall ensure that due consent of all such individuals has been duly obtained and all compliances have been met with by the customer before collecting such Customer data and entering the same in the Kleensy software. The Customer shall indemnify and hold the Company harmless if they fail to adhere with the present clause.

3. CONFIDENTIALITY; PROPRIETARY RIGHTS:

  • Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
  • Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
  • Notwithstanding anything to the contrary, Company shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

4. PAYMENT OF FEES:

  • Customer will pay Company the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”). Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.
  • The Company levies a one time set up fee that shall be waived if the Customer uses the service for the entire service term as agreed to between the parties.

5. TERM AND TERMINATION:

  • Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then- current term.
  • In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided.
  • Upon any termination, Company will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
  • Company shall use commercially reasonable level of care to (a) preserve the confidentiality of Customer's data, and (b) not to disclose or make available to any third-party data other than necessary in the performance of company’s obligations under this Agreement or pursuant to any court or administrative agency order, without the prior written consent of Customer.

6. REFUND POLICIES AND CANCELLATION POLICY:

6.1 Refund Policies in Kleensy

In most of the cases, no refund will be generated once the payment is done. However, exceptions are always there as per the following situations:
  • Various payments made for the same service
  • A customer paid the amount through online mode in multiple times but did not get the confirmation due to payment gateway failure. (While customer should have proof of it, either it is UTR Id, Screenshot with pending payment or successful payment). Transaction fees charged would not be refunded/ reversed on any refund or reversal of any transaction

6.2 Return Policy

Kleensy will not entertain any kind of Return. One can cancel their subscription or membership anytime either in between their membership period on at its end. As one has subscribed to Kleensy, Only After accepting all the terms & Conditions.

NOTE: For online payments, it is important for the Clients to note the transaction number/UTR Number and order no. for future reference and for request on any type of Refund payments.

6.3 Cancellation Policy
You can cancel your Subscription or Membership anytime either by sending us an email/Call or cancel subscription yourself by clicking on “Cancel Subscription” feature provided under administration section. Cancellations by your end will not entertain any kind of Refund or Return.

7. BACKUPS:

Company shall perform backup of Customer’s data stored in the database of the Software every day. Company shall store each backup for at least six days, and shall restore the Customer’s data within a day from any such backup upon request from Customer.

8. IMPLEMENTATION AND SETUP:

The installation of the Software consists of granting access to Customer’s permitted users to the software, and training Customer’s permitted users in the use and administration of the Software. Customer agrees to maintain an internet connection with bandwidth sufficient to make use of the Software.

9. WARRANTY AND DISCLAIMER:

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. however, company does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services. except as expressly set forth in this section, the services and implementation services are provided “as is” and company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

10. INDEMNITY:

Company shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

11. LIMITATION OF LIABILITY:

Notwithstanding anything to the contrary, except for bodily injury of a person, company and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of this agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business; (b) for any indirect, exemplary, incidental, special or consequential damages; (c) for any matter beyond company’s reasonable control; (d) for any amounts that , together with amounts associated with all other claims, exceed the fees paid by customer to company for the services under this agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not company has been advised of the possibility of such damages.

12. MISCELLANEOUS:

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of South Carolina without regard to its conflict of law’s provisions. The parties shall work together in good faith to issue at least one mutually agreed upon press release within 90 days of the Effective Date, and Customer otherwise agrees to reasonably cooperate with Company to serve as a reference account upon request.