AccoBee Terms & Conditions
Last Updated: 22 December 2023
These Terms are between AccoBee Solutions Private Limited. (No.198, Desk No: 204, Cmh Road, 2nd Floor, Indiranagar Stage 2, Bangalore – 560038 Karnataka, India.) (“AccoBee”, “us”, “we” or “our”) and you, either individually, or on behalf of your employer or any other entity which you represent (“you” or “your”).
These Terms of Service (“Terms”) and all Policies listed on accobee.com/terms-of-service.html govern and apply to your use of paid services including Mobile applications, Web applications, software and websites (the “Service”) provided by AccoBee Solutions, Private Limited.
Definitions:
For Terms and Conditions:
- “Company” (referred to as either “the company”, “we”, “us“ or “our” in this Agreement) refers to AccoBee.
- “Clients” (referred to as either “our clients”, “you”, or “your” in this Agreement) refer to our clients and associates.
Parts of this Agreement:
- This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to 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.
Acceptance of the Agreement
- You must be of legal age to enter into a binding agreement 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 and do not agree to any Service Specific Terms, do not use the corresponding Service.
- You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.
- In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Description of Service
- We provide cloud software and applications for businesses, including associated mobile applications and web applications("Service" or "Services").
- 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.
Paid Service
- We may offer certain Services as closed or open Paid services ("Paid Service" or “Paid Services”) for testing and evaluation.
- You agree that we have the sole authority and discretion to determine the period for testing and evaluation of Paid Services.
- We will be the sole judge of the success of such testing and the decision, if any, to offer the Paid Services as commercial services.
- You will be under no obligation to acquire a subscription to use any paid Service because you subscribed to any paid Service.
- We reserve the right to discontinue fully or partially, at any time and from time to time, temporarily or permanently, any of the Paid Services with or without notice to you.
- You agree that AccoBee 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 of the Paid Services for any reason.
Free Trial
- If you register for a free trial of one or more Services, AccoBee 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 AccoBee 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.
User Sign-up Obligations
- You need to sign up for a user account by providing all required information 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 signup 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 AccoBee has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, AccoBee may terminate your user account and refuse current or future use of any or all of the Services.
Restrictions on Use
- In addition to all other terms and conditions of this Agreement, you shall not:
- Transfer the Services or otherwise make it available to any third party;
- Provide any service based on the Services without prior written permission;
- Allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user;
- Except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services;
- Use third party links to sites without agreeing to their website terms & conditions;
- Post links to third party sites or use their logo, company name, etc. without their prior written permission;
- Attempt to gain unauthorized access to the Services or its related systems or network;
- Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of AccoBee;
- Use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs;
- Use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein;
- Create a false identity to mislead any person as to the identity or origin of any communication;
- 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 with respect to which you do not have consent or permission from such person or entity;
- Use the Services for transmitting information that is 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;
- Violate any applicable local, state, national or international law;
- Use the Services for any form of competitive or benchmarking purposes;
- Remove or obscure any proprietary or other notices contained in the Services.
Spamming and Illegal Activities
- 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, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, 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 Applications
- AccoBee Services integrates 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 AccoBee 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 AccoBee may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from AccoBee 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 and Payments
- The Services are available under subscription plans of various durations.
- Payments for subscription plans can be made through UPI, Bank transfer and Credit cards.
- From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge.
- Any increase in charges will not apply until the expiry of your then-current billing cycle.
- You will not be charged for using any Service unless you have opted for a paid subscription plan.
- In the event any tax such as GST, VAT, sales tax or the like is chargeable by AccoBee by any local, state, provincial or foreign laws concerning your subscription to our Services ("Taxes"), AccoBee will invoice you for such Taxes.
- You agree to pay AccoBee such Taxes in addition to the subscription fees.
- AccoBee shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
Organization Accounts and Administrators
- When you sign up for an account for your organization you may specify a administrator.
- The administrator will have the right to configure the Services based on your requirements and manage end users in your organization account.
- If your organization account is created and configured on your behalf by a third party, such a third party has likely assumed an administrator role for your organization.
- Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
- You are responsible for (i) ensuring confidentiality of your organization account password.
- appointing competent individuals as administrators for managing your organization account.
- ensuring that all activities that occur in connection with your organization account comply with this Agreement.
- You understand that AccoBee is not responsible for account administration and internal management of the Services for you.
- You are responsible for taking the necessary steps to ensure that your organization does not lose control of the administrator accounts.
- You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@accobee.com, provided that the process is acceptable to AccoBee.
- In the absence of any specified administrator account recovery process, AccoBee may provide control of an administrator account to an individual providing proof satisfactory to AccoBee demonstrating authorization to act on behalf of the organization.
- You agree not to hold AccoBee liable for the consequences of any action taken by AccoBee in good faith in this regard.
Personal Information and Privacy
- The personal information you provide to AccoBee through the Service is governed by the AccoBee Privacy Policy.
- Your election to use the Service indicates your acceptance of the terms of the AccoBee Privacy Policy.
- You are responsible for maintaining the confidentiality of your username, password and other sensitive information.
- You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@accobee.com.
- We are not responsible for any loss or damage to you or to any third party incurred because of any unauthorized access and/or use of your user account, or otherwise.
Communications from AccoBee
- The Service may include certain communications from AccoBee, such as service announcements, administrative messages and newsletters.
- You understand that these communications shall be considered part of using the Services.
- As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us.
- However, you will not be able to opt out from receiving service announcements and administrative messages.
Complaints
- If we receive a complaint from any person concerning your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account.
- You must respond to the complainant directly within 10 days of receiving the complaint we forwarded and copy AccoBee in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant to enable the complainant to take legal action against you.
- You understand that your failure to respond to the forwarded complaint within the 10-day time limit will be construed as your consent to the disclosure of your name and contact information by AccoBee to the complainant.
Inactive User Accounts Policy
- We reserve the right to withhold access to unpaid user accounts if not paid within 10 days of the invoice due date.
- Unpaid user accounts that are inactive for a continuous period of 120 days will be terminated.
- In the event of such termination, all data associated with such user account will be deleted.
- We will provide you prior notice of such termination and the option to back up your data.
- The data deletion policy may be implemented concerning any or all of the Services.
- Each Service will be considered an independent and separate service to calculate the period of inactivity.
- In other words, activity in one of the Services is not sufficient to keep your user account in another Service active.
- In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data Ownership
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We respect your right to ownership of content created or stored by you.
- You own the content created or stored by you.
- Unless specifically permitted by you, your use of the Services does not grant AccoBee the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for AccoBee’s commercial, marketing or any similar purpose. But you grant AccoBee permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for providing the Services to you.
Hosting Location
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The location of the cloud facility from which you are served depends on the available cloud facilities at the time of your sign-up.
- We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time.
- You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined based on your IP address.
- If, at any time, your actual region/country is found to be different from the region/country in our records, AccoBee may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country, or close your account and deny the Service to you.
User Generated Content
- Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines.
- You are responsible for ensuring that you do not accidentally make any private content publicly available.
- Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
- In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.
- By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner.
- Further, by making any content available in the manner aforementioned, you expressly agree that AccoBee will have the right to block access to or remove such content made available by you if AccoBee receives complaints concerning any illegality or infringement of third-party rights in such content.
- By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by AccoBee for this purpose.
For procedures relating to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, email us at support@accobee.com .If you wish to protest any blocking or removal of content by AccoBee, you may do if possible by so in the manner provided by agreed policies.
Sample files and Applications
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AccoBee may provide sample files and applications to demonstrate the possibility of using the Services effectively for specific purposes.
- The information contained in any such sample files and applications consists of random data.
- AccoBee makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Trademark
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'AccoBee', the AccoBee logo, the names of individual Services and their logos are trademarks of AccoBee Solutions Private Limited.
- You agree not to display or use, in any manner, the AccoBee trademarks, without AccoBee’s prior written permission.
Disclaimer of Warranties
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
- THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS.
- ACCOBEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- ACCOBEE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ACCOBEE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
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YOU AGREE THAT ACCOBEE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ACCOBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- IN NO EVENT SHALL ACCOBEE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT. IN NO EVENT SHALL ACCOBEE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE THOUSAND DOLLARS ($1000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.
Indemnification
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You agree to indemnify and hold harmless AccoBee, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by AccoBee.
Governing Law and Jurisdiction
- The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement, will depend on your billing address if you are a paid customer/client and your state or country of domicile in all other cases.
- Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned herein in case of any dispute or lawsuit arising out of or in connection with this Agreement.
Suspension and Termination
- We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
- Objections to the suspension or disabling of user accounts should be made to support@accobee.com and be notified about the suspension.
- In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Paid Service in case of unexpected technical issues or discontinuation of the Paid Service.
- You have the right to terminate your user account if AccoBee breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees.
- Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
Modification of Terms of Service
- We may modify this Agreement upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided notice of the changes by email to your primary email address.
End Of Terms Of Service
- If you have any questions or concerns regarding this Agreement, please contact us at suport@accobee.com.