FOR USERS – LICENSE AGREEMENT

Thank you for selecting to use www.sigmify.com.This License Agreement (the “Agreement”) is a contract between you representing your company and Business Integration Systems India Pvt Ltd (“BISIL” )and that describes the terms and conditions applicable to your use of Sigmify. “End-User” is any individual who has completed the registration process through this website, for the usage of the product Sigmify exclusively for any use and who has agreed to comply with the terms and conditions of this Agreement. The terms “you”, “your” or “End-User” are synonymous, and refer to the person using the website www.sigmify.com and the Sigmify in any way.

LICENSE FOR Sigmify

End-User is granted a limited, non-exclusive, non-transferable license to access and use Sigmify software available through the website called www.sigmify.com, at any time using an access control authentication process for the exclusive personal use of the End-User for a financial year. The license shall be valid for a period of one year.

ACCEPTANCE OF TERMS

The www.sigmify.com web site is comprised of various web pages operated by BISIL or its affiliates. This website also provides you access to Sigmify software to use its various modules selected by you. The www.sigmify.com web site and the Sigmify software is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Before using Sigmify, you must read and accept the terms and conditions contained in this Agreement. You agree to print a copy of this Agreement for your files, along with copies of any changes in such terms posted to the web site in the future. If you do not agree to such terms, do not install or use this web site. Your use of the www.sigmify.com web site and the Sigmify software constitutes your agreement to all such terms, conditions, and notices. Additionally, the www.sigmify.com web site and the Sigmify software may itself contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular feature of www.sigmify.com web site and the Sigmify software, then these terms shall control.

  • PRIVACY AND PROTECTION OF PERSONAL INFORMATION
  • MEMBER ACCOUNT, PASSWORD, AND SECURITY
  • MODIFICATION OF THESE TERMS OF USE
  • PERSONAL AND NON-COMMERCIAL USE LIMITATION
  • USE OF SERVICES
  • NO UNLAWFUL OR PROHIBITED USE
  • SOFTWARE AND CONTENT AVAILABLE THROUGH THE www.sigmify.com SITES/SERVICES
  • MATERIALS PROVIDED TO BISIL OR POSTED AT ANY www.sigmify.com WEB SITE
  • LINKS TO THIRD PARTY SITES
  • LIABILITY OF BISIL FOR PROBLEMS
  • LIABILITY DISCLAIMER
  • STORAGE SPACE AND OTHER LIMITATIONS
  • SERVICE CONTACT
  • TERMINATION/ACCESS RESTRICTION
  • NO SPAM; DAMAGES
  • LANGUAGE
  • GENERAL
  • COPYRIGHT AND TRADEMARK NOTICES

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Information that you provide to BISIL via www.sigmify.com is subject to our Privacy Statement. See the Privacy Statement for disclosures relating to the collection and use of your information.

MEMBER ACCOUNT, PASSWORD AND SECURITY

If a particular www.sigmify.com service requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BISIL immediately of any unauthorized use of your account or any other breach of security. BISIL will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BISIL or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the website www.sigmify.com and the Sigmify.

MODIFICATION OF THESE TERMS OF USE

BISIL reserves the right to change the terms, conditions, and notices under which the www.sigmify.com Site/Services are offered, including but not limited to the charges associated with the use of the www.sigmify.com Site/Services without any notice to you. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Unless otherwise agreed to in writing between you and BISIL, your continued use of the www.sigmify.com Site/Services constitutes your agreement to all such terms, conditions, and notices, as amended, from time to time. We will not be liable to you or to any third party for any amendment of the terms, conditions and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the www.sigmify.com site, the Sigmify software and related services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the www.sigmify.com site, the Sigmify software and related services. We have no responsibility or liability for damages or claims relating to your use of the www.sigmify.com Site/Services on a professional basis or any other use for the benefit of any third party.

USE OF SERVICES

The www.sigmify.com site, the Sigmify software and related services may contain e-mail services, bulletin board services, chat areas, forums, communities, calendars and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute, transmit or disseminate any inappropriate, profane, fraudulent, libellous, defamatory, infringing, obscene, pornographic, indecent threatening, abusive, hateful, offensive or unlawful topic, name, material or otherwise objectionable information of any kind including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the Indian export control laws and regulations. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by BISIL) or engage in spamming or flooding. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material protected by intellectual property laws (or by rights of privacy of publicity) or other proprietary right, or derivative works with respect thereto, unless you own or control the rights thereto or have received all necessary consents to do the same. Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the web site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material). Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Download any e-file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a e-file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of www.sigmify.com site, the Sigmify software and related services or other user or usage information or any portion thereof. BISIL has no obligation to monitor the Communication Services. However, BISIL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BISIL reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. BISIL reserves the right at all times to disclose any information as BISIL deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BISIL’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BISIL does not control or endorse the content, messages or information found in any Communication Service and, therefore, BISIL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BISIL spokespersons, and their views do not necessarily reflect those of BISIL. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Unless specifically provided for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this web site, including data, questions, comments or suggestions ) will be treated as non-confidential and non-proprietary. In addition, BISIL is free to use any ideas, concepts, know-how or techniques contained in your Communication Service or any communication for any purpose including, but not limited to, developing and marketing products using such information without compensation and notice to you.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the www.sigmify.com site, the Sigmify software, and related services, you will not use the www.sigmify.com Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the www.sigmify.com site, the Sigmify software and related services in any manner which could damage, disable, overburden, or impair any www.sigmify.com Site/Service(s) (or the network(s) connected to any www.sigmify.com site the Sigmify software, related service(s)) or interfere with any other party’s use and enjoyment of any www.sigmify.com site, the Sigmify software, and related service(s) or restrict or inhibit any other user from using and enjoying the www.sigmify.com Site/Service(s). You may not attempt to gain unauthorized access to any www.sigmify.com site, the Sigmify software, and related service, other accounts, computer systems or networks connected to any www.sigmify.com site, the Sigmify software and related service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the www.sigmify.com site, the Sigmify software and related services.

You may not upload, post, transmit, reproduce, or distribute in any way, information, software or other material obtained through the site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner and BISIL. You may not post or transmit any advertisements, solicitations, or other unsolicited commercial communication (except as otherwise expressly permitted by BISIL) You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, rent, loan, establish a hyperlink to, frame within any website, distribute, create a derivative work of, reverse engineer, disassemble, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the www.sigmify.com Site/Service(s).You may not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material). You may not engage in spamming or flooding; or post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, or post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE www.sigmify.com SITE/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the www.sigmify.com site, the Sigmify software, and related services, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is owned by and is the copyrighted work of BISIL and/or its suppliers and is protected by copyright laws and international treaty provisions. BISIL has no responsibility or liability for damages or claims relating to your use of the services or Software on a professional basis or any other use for the benefit of any third party. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, BISIL hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular www.sigmify.com site, the Sigmify software and related service in accordance with these terms of use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of India. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Indian export restrictions.

MATERIALS PROVIDED TO BISIL OR POSTED AT ANY www.sigmify.com WEB SITE

BISIL does not claim ownership of the materials you provide to BISIL (including feedback and suggestions) or post, upload, input or submit to any www.sigmify.com Site/Service or its associated services for review by the general public (each a “Submission” and collectively “Submissions”). BISIL is under no obligation to post or use any Submission you may provide and BISIL may remove any Submission at any time in its sole discretion. You understand and expressly agree that BISIL assumes no responsibility or liability for Submissions and that you are solely and entirely responsible for any Submissions you provide on the website By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You warrant that any Submissions will not infringe the intellectual property rights of or otherwise violate the rights of any third party. BISIL does not control the Submissions you post and as such assumes no responsibility for the accuracy, integrity or quality of such Submissions.

LINKS TO THIRD PARTY SITES

The www.sigmify.com Site/Services may contain links to third party Web sites (“Linked Site”). The Linked Site are not under the control of BISIL and BISIL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BISIL does not endorse and is not responsible or liable for any content, advertising, products, terms and conditions, other materials, webcasting or any other form of transmission received from any Linked Site nor is BISIL responsible if the Linked Site is not working appropriately. BISIL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BISIL of the site or any association with its operators. Links to external web sites do not constitute an endorsement by BISIL or its affiliates. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Site. Information contained in the web pages that are linked to BISIL’s website comes from a variety of sources. BISIL does not author, edit, or monitor these pages or links. You acknowledge and agree that BISIL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

DEALINGS WITH THIRD PARTIES

Any dealings with third parties (including advertisers) included within the www.sigmify.com Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that BISIL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions of such other third party.

LIMITED WARRANTY

Licensor warrants that, use by the original End User, the Software shall operate substantially in accordance with the published functional specifications current at the time of the applicable date mentioned on the web site. If, during the warranty period, a defect appears, End User shall stop using the Software and inform the problem to Licensor, and Licensor’s only obligation shall be, at Licensor’s election, to replace the defective Software or refund the purchase price. The End-User agrees that the foregoing constitutes the End-User’s sole and exclusive remedy for breach by Licensor under any warranties made under this Agreement. This warranty does not cover any Software that has been altered or changed in any way by anyone other than Licensor. Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by Licensor. No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE. 

The licensor hereby informs all users that it uses an open source antivirus engine for detecting Trojan viruses, malware and other malicious threats. This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. This program is used and distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. To get a copy of the GNU General Public License see https://www.gnu.org/licenses/gpl-3.0.en.html

CANCELLATION POLICY

Once the payment is made by the user, the user cannot claim any refund for the payment made, excepting in the case of a defective supply during the warranty period. The company would not be liable to make any payments to the customer as a refund.
In case of payments made more than once for a specific license, the user would have to write an email to support@sigmify.com indicating all details of payment. The company after evaluation of the same would pay back the excess amount received if any, within 7 business days from the date of request by the customer.

LIABILITY OF BISIL FOR PROBLEMS

BISIL relies upon its service providers and service partners for confirmation of payments and cancellations. BISIL and its affiliates do not assume any liability for any direct, indirect, punitive, incidental, special, or consequential damages for any injury, damage, loss or delay due to any act or omission of any provider or person participating in providing services on or through this website. In no event shall BISIL, its employees, consultants, affiliates, and/or service providers be responsible and/or liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with errors in service, inadequacies of service and/or inaccuracies or inadequacies in payments and cancellations made using this web site; overcharging, double charging and or any errors in charges debited to credit cards used to register and/or avail of any services on this website; cancellations made through this web site; any information, software, products, and services obtained through this web site; or otherwise, in any manner whatsoever, arising out of the use of this web site whether based on contract, tort, strict liability or otherwise, even if BISIL, its employees, consultants, affiliates, and/or service providers have been advised of the possibility of damages. You agree to abide by the terms or conditions of services imposed by any service provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this web site. BISIL shall not be responsible in any manner for any services availed of by visitors to this website which are rendered by its agents and/or service providers and/or service partners.

LIABILITY DISCLAIMER

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. The information, software, products, and services included in or available through the www.sigmify.com site/services may include inaccuracies or typographical errors. Changes are periodically made to the www.sigmify.com site/services and to the information therein. BISIL and/or its respective suppliers may make improvements and/or changes in the www.sigmify.com site/services at any time. Advice received via the www.sigmify.com site/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. BISIL and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the www.sigmify.com site/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. BISIL and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree not to hold BISIL liable for any loss, consequential damages or any damages whatsoever arising out of usage of Sigmify. You specifically agree that BISIL shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through www.sigmify.com site/service. WE MAKE NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR EXPECTATIONS, (2) THE SERVICES WILL BE UNINTERRUPTED OR TIMELY (3) ANY ERRORS IN THE SERVICES WILL BE CORRECTED, OR (4) THAT THE SERVICES OR SOFTWARE ARE SECURE, FREE FROM BUGS, VIRUSES, OR OTHER PROGRAM LIMITATIONS. You specifically agree that BISIL is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that BISIL is not responsible for any content sent using and/or included in www.sigmify.com site/service by any third party. In no event shall BISIL and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the www.sigmify.com site, the Sigmify software and related services, with the delay or inability to use the www.sigmify.com site, the Sigmify software or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through www.sigmify.com site, the Sigmify software and related services, or otherwise arising out of the use of www.sigmify.com site, the Sigmify software and related services, INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, INABILITY TO USE THE PRODUCT OR ITS SERVICES, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY or otherwise, even if BISIL or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the www.sigmify.com site, the Sigmify software and related services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the www.sigmify.com site, the Sigmify software and related services. YOU AGREE NOT TO HOLD BISIL OR ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

The amount of storage space per user is limited for each www.sigmify.com user. The software and related service which provides such storage, please visit the applicable FAQ pertaining to that service for more information. Some messages may not be processed due to space constraints or outbound message limitations. You agree that BISIL is not responsible or liable for the deletion or failure to store messages or other information. SERVICE CONTACT support@sigmify.com

TERMINATION/ACCESS RESTRICTION

You acknowledge and agree that BISIL may, in its sole discretion, terminate your password or account or deny you access to all or any part of the www.sigmify.com site, the Sigmify software and related services or any portion thereof at any time, without prior notice if you engage in any conduct or activities that BISIL in its sole discretion believes violate any of the terms and conditions, violate the rights of BISIL, or is otherwise inappropriate for continued access. BISIL may also terminate or suspend your access to www.sigmify.com site, the Sigmify software, and related service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by BISIL. The amount of time that BISIL currently considers as an “extended” period of time may be viewed in the FAQ relating to the particular service. Upon termination of the www.sigmify.com Site/Service, your right to use the www.sigmify.com site, the Sigmify software, and related service immediately ceases. BISIL shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. You acknowledge and agree that BISIL may in its sole discretion deny you access through BISIL to any materials stored on the Internet, or to access third party services, merchandise or information on the internet through BISIL, and BISIL shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

INDEMNITY

You agree to defend, indemnify and hold BISIL its parents, subsidiaries, affiliates, assigns, officers and employees, harmless from any and all claims, liabilities, demand, damage or costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of or the conduct on the www.sigmify.com Site/Services, the Sigmify software and related or the placement or transmission of any message, information, software or other materials through the www.sigmify.com site by you or users of your account or related to any violation of these terms by you or users of your account.

NO SPAM; DAMAGES

BISIL will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay BISIL liquidated damages of Rs. 50 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay BISIL’s actual damages, to the extent such actual damages can be reasonably calculated.

ARBITRATION

This Agreement and the claims of either party against the other will be governed by and construed in accordance with the laws of India. Each party agrees to submit any and all disputes that in any way relate to or arise out of www.sigmify.com Site/Services, if not resolved between the parties, to binding arbitration before the sole arbitrator to be mutually appointed by them in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The place of arbitration shall be PUNE, Maharashtra, India and all the arbitration proceedings shall be conducted in the English language. Any final decision or award from arbitration under this section will be in writing and reasoned. The decision of the Arbitrator shall be binding on both the parties. The costs of the Arbitration shall be borne by the parties in such manner, as the arbitrator shall direct in his arbitral award.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

NOTICES

Notices to you may be made via either email or regular mail. The www.sigmify.com Site/Services may also provide notices of changes to the terms of this Agreement or other matters by displaying notices or links to notices to you on the www.sigmify.com Site/Services. You are responsible for keeping BISIL apprised promptly of any change in your email address, mailing address and/or phone number so that you can be provided with any notices that BISIL wishes to send to you.

GENERAL

The terms of this Agreement and the relationship between you and BISIL shall be governed by the laws of the Union of INDIA. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in PUNE, Maharashtra, India, in all disputes arising out of or relating to the use of the www.sigmify.com Site/Services, and Sigmify software. Use of the www.sigmify.com site, the Sigmify software and related services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BISIL as a result of this agreement or use of the www.sigmify.com site, the Sigmify software and related services. BISIL reserves the right to disclose any personal information about you or your use of the www.sigmify.com site, the Sigmify software and related services, including its contents, without your prior permission if BISIL has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of BISIL or its affiliated companies; (3) enforce the terms or use; (4) act to protect the interests of its members or others; or (5) at the request of its resellers and distributors. BISIL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BISIL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the www.sigmify.com site, the Sigmify software and related services or information provided to or gathered by BISIL with respect to such use. The failure of BISIL to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BISIL with respect to the www.sigmify.com site, the Sigmify software and related services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, spoken or written, between the user and BISIL with respect to the www.sigmify.com site, the Sigmify software and related services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

BISIL’S PROPRIETARY RIGHTS, LIMITED LICENSES, COPYRIGHTS, TRADEMARKS AND TRADE SECRETS

You acknowledge and agree that the www.sigmify.com Site/Services and any content used or displayed therein, including any software accessible through the Site, contain BISIL’s proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. “BISIL”, “www.sigmify.com” and all other BISIL product and services names and design logos are trademarks and/or service marks of BISIL (the “BISIL Marks”). As between you and BISIL, BISIL shall own all right, title and interest in and to the www.sigmify.com Site/Services, subject only to the express licenses granted herein. You are not permitted to (and may not allow any third party to) copy, modify, adapt, translate, lease, ret, loan, establish a hyperlink to, frame within any website, distribute, create a derivative work of, reverse engineer, disassemble, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the www.sigmify.com Site/Services. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the www.sigmify.com Site/Services. Without BISIL’s prior permission, you agree not to display or use the BISIL Marks in any manner. BISIL reserves all patent, copyright, trade secret, trade name, trademark, license and other proprietary rights related to its software, services and products and you shall not infringe upon or violate such rights.

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