Terms and Conditions

These terms and conditions ("Terms and Conditions") apply to the use of all Sumeru Software Solutions mobile applications and websites that post a link to these Terms and Conditions (collectively, the "Site") made available by Sumeru Software Solutions. Use of our applications ("Apps") are governed by the terms you accepted at the time of purchase or download, these Terms and Conditions and the terms of your mobile service provider and mobile device operator. Our social media pages ("Social Media") are delivered to you in accordance with these Terms and Conditions and the terms of use of each of the Social Media operators. By accessing or using the Site, Apps and Social Media, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules, additional terms or disclaimers that may be posted and updated on the Site or on notices that are sent to you, the License Agreement and the Terms of Use. If you do not agree with these Terms and Conditions, please do not use the Site.

1. Changes. Sumeru Software Solutions reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of the Site following the posting of any changes will mean that you have accepted and agreed to the changes.

2. Content. All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, look and feel and arrangement of such Content, is owned by Sumeru Software Solutions or its licensors and is protected by copyright, trademark, patent and other intellectual property and unfair competition laws. You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.

3. Restrictions. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.

You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission. Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person's use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honour them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Sumeru Software Solutions server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.

You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Sumeru Software Solutions may at any time exercise editorial control over the Content of the Site. You explicitly agree not to provide to us any information that you are not authorized to disclose. You may not, without the approval of Sumeru Software Solutions, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

You shall not obtain or attempt to obtain lists of users or other information from or through the Site, Apps or Social Media and you shall not use the Site, Apps or Social Media in violation of any applicable law, ordinance or regulation. We are not responsible to monitor your use of the Site, Apps and Social Media or to determine if such use violates any applicable law, ordinance or regulation. Please govern your use accordingly.

4. Submitted Material. Any information, creative works, ideas, testimonials, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted that you send to us or post on or through the Site, Apps or Social Media (including, for example items that you submit or post on our Facebook page, our message boards, in survey responses, on our blogs, or send to us by e-mail) ("Submitted Materials") shall be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us or posting it on or through the Site, Apps or Social Media, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time and for any reason and without advance notice to you.

By submitting or sending Submitted Materials to us or posting it on or through the Site, Apps or Social Media, you grant us and our subsidiaries and affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. You agree that we may use, or permit others to use, without charge, your name, biography, picture and likeness with the content you submit and otherwise in materials promoting, marketing or advertising the Site, Apps or Social Media or our goods or services, in any media, without any compensation or advance notice to you.

5. Blogs & Forums. Our Site, the Apps and Social media contain forums, blogs and other areas where you can post information and view information that has been posted by other users without our advance review. You agree to follow all applicable third party rules and terms of use related to your use of the Apps and Social Media. In addition, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site, Apps or Social Media any content which (i) prevents any other user from using and enjoying the Site, Apps or Social Media, (ii) is fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic or profane, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, ordinance or regulation, (iv) violates or infringes the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contains a virus, spyware, or other harmful component, (vi) contains embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitutes or contains false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments. You alone are responsible for the content and consequences of any posts and activities made from your account. Do not provide anyone else with your login, password or credentials that would permit them to impersonate you.

We do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Site, including our blog pages, message boards, chat rooms and forums, for review by the general public, registered users of the Site or by the members of any public or private community, testimonials to be executed with religious leaders/celebrities for recording and telecasting their speeches/audio-video recording, for sole purpose of advertising to the users of the App, ("Submission") and we are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant us and sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above. We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.

6. Mobile Devices/Third Party Fees. From time to time, Sumeru Software Solutions makes mobile device application and mobile marketing campaigns available to you and may allow you to register for services that involve messages and/or e-mails being sent to your mobile device. You are responsible for obtaining access to the mobile device services and that access may involve third-party fees, including mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, e-mails or other materials to your mobile device. Please consult your mobile service provider's pricing plan prior to purchasing or downloading any application or registering for any such service to determine the charges for sending and receiving text messages from/to your mobile device. You will be given the opportunity to opt-out of receiving text messages or emails to your mobile device at the time you register and with each message or email you receive.

Mobile marketing campaigns may involve your sending an e-mail from your mobile device to Sumeru Software Solutions or a third-party campaign operator. An e-mail or other response will then be sent to your mobile device. Opting to participate in a campaign is your choice. When you engage in these mobile marketing campaigns, Sumeru Software Solutions and the third-party campaign operator may collect and store your cell phone number, the name of your wireless service provider, images that you send using your cell phone as part of the campaign, and other relevant information.

We use third-party advertising, data analytics and online targeting companies to serve ads when you visit our sites or use our applications. We may also provide certain personal identifiable information and other information to these third-parties to allow them to more effectively target advertising to you. When advertisements are displayed to you on our sites and applications, one or more persistent cookies will be placed on your computer or device by us or a third party. Some of these third parties may use information (including personal identifiable information) about your visits to this site and other websites and usage of applications in order to provide data and targeting recommendations based on which you may receive advertisements about goods and services of interest to you.

7. Links. The Site may contain links to third-party sites or resources. Sumeru Software Solutions is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Sumeru Software Solutions. Sumeru Software Solutions is not responsible for the availability or accuracy of these outside resources or their contents, hence, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Sumeru Software Solutions. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without prior written consent of Sumeru Software Solutions.

You understand and agree that Sumeru Software Solutions may allow third parties to put up advertisements on the Site but it does not control the contents of such third-party advertisement on the Site. Sumeru Software Solutions is not responsible for the availability or content of these external sites, and the selection or omission of links is not intended to endorse, warrant, or guarantee the products, services, any particular company(ies) or information described or offered at these other internet sites. You cannot assume that the external sites will abide by the same Privacy Policy to which Sumeru Software Solutions adheres. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk because when you use a link to go from Elyments Site to another website, the Privacy Policy of Sumeru Software Solutions is no longer in effect.

You agree and understand that Sumeru Software Solutions may also allow third parties to provide services on the website and Sumeru Software Solutions may also collect the payment for such third-party services to you, and Sumeru Software Solutions in this regard can have revenue sharing arrangement with such third party. However in no event shall Sumeru Software Solutions be liable to you for such third party services. Further, Sumeru Software Solutions reserves the right to add/delete/alter/modify/suspend any or all the Services at any time as it may deem fit, without notice. You are expected to see the change on the Site.

8. Systems Reliability. Sumeru Software Solutions aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Sumeru Software Solutions shall not be liable for lost altered, or corrupted information or non-availability of the Site. You acknowledge and understand that the violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Sumeru Software Solutions investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. You are also prohibited from creating and sending malicious programs into the network or server which are executables intended to inflict harm. You shall not effect security breaches or disruptions of internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access. You shall not be involved in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment is prohibited. Violators of the policy are responsible, without limitations, for the cost of labour to correct all damage done to the operation of the network and business operations supported by the network. Network interference by you that may cause or is currently causing network interference with other users will be disconnected immediately.

9. Disclaimer of Warranties and Liability. You expressly agree that use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Sumeru Software Solutions makes any warranty whatsoever, including without limitation, that the operation of the Site or the Services will be timely, secure, uninterrupted or error-free; that any defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Site. The Site and all Content, products and Services included in or accessible from the Site are provided "as is" and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which Sumeru Software Solutions disclaims to the fullest extent permitted by law. Your use of the Site and its Content, products and Services is at your sole risk. To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. Sumeru Software Solutions makes no warranty as to the results that may be obtained from the Services or that the defects in the Services will be corrected. You expressly agree that you have relied on the Services completely at your own discretion and risk and you agree that you will be solely responsible for any financial, personal or any other damage of any kind or loss of data that results from the download of such material and/or information and/or reliance on the Site and the Service. No advice or information, whether oral or written, obtained by you from Sumeru Software Solutions or through the Site or the Services will create any warranty not expressly made herein.

To the extent permitted under applicable law, in no event shall Sumeru Software Solutions or its suppliers or licensors be liable for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages, personal injury (including death), loss of profits, corruption or loss of data, business interruption or any other commercial damages or losses) arising out of or in connection with the use of or inability to use or the performance of the Site or its Content, products or Services, reliance on the Content and Services, errors, inaccuracies, defects, untimeliness, security breaches, information communicated through chat rooms or message boards. To the extent permitted under applicable law, in no event shall the liability of Sumeru Software Solutions or its affiliates, subsidiaries, suppliers and licensors exceed a sum equal to the fees paid by you hereunder, even if advised of the possibility of such damages. Further, Sumeru Software Solutions does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Site or incorporated in the Content, products or Services contained on, accessible from or distributed through the Site.

10. Indemnification. You hereby agree to indemnify and hold Sumeru Software Solutions, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with your use of or inability to use the Site or its Content, products or services, unauthorized access and use of the Site and the Content, improper use of the Services provided by Sumeru Software Solutions including the use of the Site by any other person using your ID, breach or non-compliance of the terms and conditions of the Agreement, or any third party liability including intellectual property rights infringement that is incurred in relation to material or Content provided by you pursuant to the Agreement. This provision relating to indemnification obligation will survive in perpetuity.

11. Compliance. You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your access and use of the Site and its Content, products and services. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Discontinuation or Modifications to the Services. Sumeru Software Solutions reserves the right, in its sole discretion, to deny or restrict the use of the Services to anyone for any reason. Sumeru Software Solutions reserves the right to modify or discontinue the Services, or any portion of the Services, with or without notice to you. Sumeru Software Solutions will not be liable to you or any third party should we exercise these rights. If you object to any modification, your sole recourse will be to cease using the Services. Continued use of the Services following a notice of any change will indicate your acknowledgment of such changes and satisfaction with the Services as modified. Sumeru Software Solutions has no obligation to store, maintain or provide you a copy of any content that is provided or transmitted when using the Services. We also reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is appropriate.

13. Governing Law and Venue. All matters relating to your access to or use of the App, Site or Service, including all disputes, shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of law principles. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Bangalore, Karnataka, India. Any claim arising out of or in connection with your use of or inability to use the App, Site or its Content, products or services must be brought within one (1) year after the event or such claim is barred.