Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Customer”) AND Zeetaminds Technologies Private Limited (hereinafter “ZM/Provider”) GOVERNING YOUR USE OF ZM Software Tools.
Support & Pricing
- ZM agrees to acknowledge any email-related support queries within 48 working hours. In case the services provided by ZM are affected, issues will be resolved on the earliest basis, considering it a top priority.
- Prices are exclusive of taxes. Prices may be revised based on changes in infrastructure or other costs.
Provision of Service and Licences
- ZM agrees, effective from the Commencement Date and in consideration of the payment of the Service Fees, to supply the Service to Customer on a non-exclusive, non-assignable basis, subject to the terms of this Agreement.
- Customer acknowledges that ZM may incorporate licence management software into the Hosted Application to ensure licence rights are not exceeded.
- Customer may not duplicate or copy the Hosted Application for any purpose.
- Licences are non-transferable between networks. Once a licence has been added it cannot be moved.
- After the initial licence period (1 month, 3 months, 1 year, or multiple years), renewal licences for subsequent durations must be purchased from ZM to continue service.
- Automatic Renewal: Unless otherwise notified in writing by the Customer at least 30 days prior to the expiry of the current term, licences and subscriptions will automatically renew for the same duration as the previous term at the then-current pricing.
Duration
This Agreement shall commence on the Commencement Date and continue unless terminated in accordance with this Agreement.
Service Fees
The Service Fees will be communicated by ZM to Customer. Customer undertakes to pay Service Fees as invoiced. Failure to pay fees when due will result in suspension or termination of service without notice.
Service Levels
ZM will use reasonable endeavours to provide the Service subject to Relief Events and as outlined in this Agreement.
Outages, Service Interruptions and Changes to Service
- ZM may schedule Outages for maintenance or improvements. Reasonable notice will be provided where possible.
- For unscheduled outages, ZM will notify the Customer promptly and update on resolution progress.
Warranties and Indemnities
- Provider warrants that it will provide the Service with reasonable care, skill, and authority.
- Except as expressly stated, the Service is provided “as is” without warranties of merchantability, fitness for a particular purpose, or uninterrupted availability.
- ZM is not responsible for third-party internet failures or data flow interruptions.
- Customer Indemnity: Customer agrees to indemnify, defend, and hold harmless ZM, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of:
- Customer’s breach of this Agreement,
- Customer’s misuse of the Service,
- Customer’s violation of applicable laws or third-party rights, including intellectual property rights, or
- Customer-generated content uploaded or transmitted through the Service.
Customer Obligations
Customer shall comply with ZM’s System Management Regulations. Breach may result in suspension or charges for remedial work.
Limitation of Liability
- ZM is not liable for indirect, incidental, special, or consequential damages.
- In any case, ZM’s aggregate liability shall not exceed the Service Fees paid by the customer in the 12 months preceding the claim.
Intellectual Property Rights
Provider owns all rights in the Hosted Application. Customer gains no ownership except a limited licence to use during the term.
Termination
- Either party may terminate for material breach, insolvency, or non-payment (subject to cure periods).
- Termination does not affect accrued rights or liabilities.
Confidentiality and Data Ownership
Customer Data remains the property of Customer. ZM will keep data confidential except as required by law or necessary for service delivery.
Force Majeure
Neither party is liable for failure due to causes beyond reasonable control, including natural disasters, war, or government regulations.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India. The courts of Chennai, Tamil Nadu, India shall have exclusive jurisdiction to settle any disputes arising under this Agreement.
General Provisions
- Notices shall be delivered by email (support@zeetaminds.com for ZM; Customer email as provided on signup).
- Waiver, severability, and subcontracting provisions apply as standard.
- This Agreement constitutes the entire agreement between the parties.
User-Generated Content & Accounts
Customer warrants uploaded content complies with law and does not infringe third-party rights. Customer is responsible for maintaining account security.
Taxes
Customer shall bear all applicable taxes associated with use of the Service.
By subscribing to Zeetaminds services, You acknowledge that You have read, understood, and agree to be bound by the above Terms of Service.