This Agreement (the “Agreement”) is a legal agreement between You (an entity or person) and Engtics that governs your limited, non-exclusive, terminable right to the use of the Engtics website (“Site”) and the services provided including, Dynamic Heatmaps, Push Notification, Widget Notification and Feedback Widget (collectively, the “Service(s)”). By clicking on the "Get Started with Engtics" button, or otherwise using the Service, you agree to be bound by the terms of this Agreement.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT SIGN UP FOR AN ACCOUNT AND CANNOT USE THE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
We have right to change this agreement from time to time. If there is a change in agreement, it will be automatically take effect on the sooner of the day you use the Service. We will provide you advance notice about the modification of agreement and you shall continue use of the site following the effective date of any modifications to this agreement will constitute your acceptance of the Agreement, as modified. You agree that this is adequate notice.
You must create an account on Engtics by providing us the right information on the registration page to use our site and benefit from our services. You agree to provide us the right information during registration and keep up to date. We request you to keep your credentials safe and should not disclose this information with third party. We shall not be held responsible for unauthorized access to your account.
We reserve the right to access your account and the information that you have provided, for support and maintenance purposes or for any security-related or business reasons.
We offer various plans based on the service which you registered. For more information about our plans please visit pricing page of our website. All prices quoted on our site are VAT exclusive or any other taxes that may be applicable.
We reserve the right to change the subscription fees at any time or introduce new fees or charges. We will notify you in advance during which you will have the right to unsubscribe from your current plan, should you not agree with these changes.
Subject to these terms, Engtics grants You a limited, revocable, non-exclusive, non-transferable and non-assignable license to use the Site and Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement. You agree not to resell any of our Service. You may not transfer, lease, sub-licence, modify, reverse engineer, decompile or disassemble the Site and Service. You may not copy, adapt, alter, modify, translate, or create derivative works of the Site and System without written authorization of Engtics. You may not use the System for illegal purposes or for the transmission of information that is unlawful, libelous, abusive, obscene or that infringes the rights or intellectual property of others. You may not permit other individuals to use the System, including but not limited to shared use via a network connection, except under the terms of this Agreement. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the System. You may not circumvent or disable any technological features or measures in the System for protection of intellectual property rights. You may not use the System in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Any such forbidden use shall immediately terminate Your license to the Site and System.
All titles and contents are exclusive property of Engtics, excep as otherwise stated. If the service is stated as your personal and limited commercial use, you may copy, print and download any information or part of the site for your personal use only.
All rights, titles and interest in the Service and any content contained herein is the exclusive property of Engtics, except as otherwise stated. Unless otherwise specified, this Service is for your personal and limited commercial use only and you may print, copy and download any information or portion of the Site for your personal use only. Even if you copy or download the information from Engtics, you agree that you will not change or remove any copyright or change the contents in such information.
You may not change, modify, transmit, publish, license, transfer in a whole or in a part to use the information in commercial or public purpose, except for the purposes expressly provided herein, without Engtics prior written approval.
Except for any intellectual property already owned, registered or vested in You, or created by or for You during the duration of this Agreement, all Engtics trademarks, trade names, service marks and logos are proprietary to Engtics. Your use of any marks on the Site and Service in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Engtics, is strictly prohibited.
In the service, Engtics will have access to your data, content and your business which are not publicly available, including but not limited to technical and commercial information concerning the business, systems, processes, software and services of you (including any of your affiliates) (“Data”). All right, title and interest in the Data is the exclusive property of you, except as otherwise stated.
Engtics will not change, modify, transmit, publish, license, transfer in a whole or in a part to use the information in commercial or public purpose, except for the purposes expressly provided herein, without your prior written approval.
Engtics will keep the data safe and maintain the confidentiality and we will not disclose any of your information to unauthorized person. Data’s are strictly used to provide you the service which we listed and we take proper actions to protect the data and procure that authorized persons to who the Data is disclosed will keep the Data confidential and use it solely to assist with supplying the Services under these Terms and Conditions.
All your trademarks, trade names, service marks and logos are proprietary to you. Engtics use of any of your marks in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by you, is strictly prohibited.
For the avoidance of doubt, all such rights to Engtics to use your Data shall be granted solely for term of these Terms and Conditions.
The materials on the Entics Site and Services are provided “as is”. Other than the warranties listed in the point 6 of these terms and conditions, Engtics makes no warranty. Moreover, Engtics does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Engtics warrants and represents to you that:
In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site.
Further, we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
The materials available on Engtics site and service may include errors like technical, typographical or photographic errors. We do not warrant that the materials of the site and service are accurate. Engtics have right to change any of these without any prior notice from time to time. Engtics makes no commitment of any kind to update the materials.
Engtics is created with high security to provide reliable service. So, you can use the internet solely at your own risk following all the laws and we are not responsible for the security of information outside of its control. We shall have no liability for interruptions or omissions in Internet, hosting or network services. You assume the sole and complete risk of using the site.
You need to protect the data and your credentials. You need to notify Engtics immediately for any unauthorized use of your account or loss of your credentials. Engtics will not be responsible for any loss that occur as a result of someone else using your username and password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for your failure to safeguard user and password information and/or promptly notify Engtics about unauthorized use of your account or breach of your account information or password.
Engtics may include links to third party websites to provide service which are not reviewed and we are not responsible for any of the content listed on those sites. Use of such linked website is at your own risk. We hold all rights to discontinue those sites at any time and for any reason.
Unauthorized access to any of the Site and Service may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site and Service without notice or further permission from you, to the fullest extent permitted by applicable law and only in accordance with these Terms and Conditions. This right extends to our review of tracking activity and details pertaining to claimed violations by users. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site and Service.
You will use the Service and Site in full compliance with all applicable laws and regulations with regard to your use of this Site and service provided by the Site, to include, without limitation, the laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that we have right to terminate or suspend your access to our site with or without any prior notice for any reason including breach of terms and conditions. Any fraudulent, abusive or illegal activity may be the reason for terminating your access and may be referred to appropriate law enforcement authorities. You may also terminate simply by discontinuing use of our service.
This agreement will be governed, construed, and enforced according to the Laws of the State of Karnataka, without regard to its conflict of laws rules. Engtics shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Site and Service in the courts of the country in which You reside.