Effective [●] · Last updated [●]
These Terms of Service (“Terms”) govern your access to and use of the AftrBase website, applications, software, products, features and services (collectively, the “Services”) provided by AftrBase Private Limited, a company incorporated under the laws of India (“AftrBase”, “we”, “us” or “our”).
By creating an account, clicking to accept these Terms, or accessing or using the Services, you agree to be legally bound by them. If you are using the Services on behalf of a company, organisation or other legal entity, you represent and warrant that you have authority to bind that entity, and “you” includes that entity.
If you do not agree to these Terms, you must not create an account or use the Services.
You must be at least 18 years old and legally capable of entering into a binding contract under applicable law to create an account and use the Services. If you use the Services on behalf of an organisation, you represent that you are authorised to do so.
We may refuse registration, or suspend or terminate an account, where we reasonably believe the eligibility requirements have not been satisfied.
You may be required to create an account to access certain features. You agree to provide accurate, complete and current information; keep it updated; maintain the confidentiality of your credentials; use reasonable security measures; promptly notify us if your account may have been compromised; and accept responsibility for activity conducted through your account, except to the extent caused by our failure to maintain reasonable security.
You must not share credentials in a manner that permits unauthorised access, and you are responsible for ensuring that individuals you authorise comply with these Terms.
AftrBase provides software and related services over the internet. We may modify, improve, add, remove or discontinue features from time to time.
We will use reasonable efforts to maintain availability and security. The Services may occasionally be unavailable because of maintenance, upgrades, technical failures, security incidents, internet or telecommunications failures, or circumstances beyond our reasonable control. Unless expressly stated otherwise in a separate written agreement, the Services are provided on an “as available” basis.
Certain features may be offered free of charge, while others require payment. Where you purchase a paid plan, the pricing, billing cycle, taxes, payment terms and other commercial terms presented at the time of purchase apply. Unless otherwise stated, fees are exclusive of applicable taxes.
You are responsible for providing accurate billing information and ensuring payments are made when due. We may suspend access to paid features if fees remain unpaid after reasonable notice.
We may provide free trials, promotional access or other limited-use offers. Unless otherwise stated at the time, we may modify or discontinue such offers at any time.
At the end of a trial or promotional period, access may be restricted or converted to a paid plan in accordance with the terms disclosed when the offer was accepted.
You may submit information, files, text, documents, data or other material through the Services (“Your Content”). As between you and AftrBase, you retain ownership of Your Content.
You grant AftrBase a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, transmit, display and otherwise use Your Content solely to the extent reasonably necessary to provide and operate the Services; maintain and secure them; prevent fraud, abuse and security threats; provide customer support; comply with applicable law; and enforce these Terms.
We do not acquire ownership of Your Content merely because you use the Services. You are responsible for ensuring you have all rights, permissions and lawful bases necessary to provide Your Content and permit the processing contemplated here.
Where you use AftrBase on behalf of an organisation, certain data may belong to or be controlled by that organisation (“Customer Data”). The organisation may control access to, modification of, and deletion of Customer Data within its account or workspace.
If you access AftrBase as an employee, contractor or other authorised user of an organisation, your use may be subject to that organisation's policies and instructions.
Where applicable, AftrBase may enter into a separate Data Processing Addendum (“DPA”). If a DPA applies and conflicts with these Terms concerning the processing of personal data, the DPA prevails to the extent of the conflict.
You must use the Services lawfully and responsibly. You must not:
· violate any applicable law or regulation; infringe or misappropriate another person's intellectual property or other rights;
· access an account, system or data without authorisation, or attempt to circumvent security controls or authentication mechanisms;
· introduce malware, viruses or other malicious code, or interfere with or disrupt the Services;
· conduct vulnerability testing, penetration testing or security scanning without our prior written authorisation;
· scrape, crawl or systematically extract data except through functionality expressly provided by AftrBase;
· reverse engineer, decompile or disassemble the Services except to the extent such restriction is prohibited by applicable law;
· transmit unlawful, fraudulent, defamatory, threatening or abusive material, or impersonate another person or entity;
· circumvent usage, subscription or technical limits, or resell or commercially exploit the Services except as expressly permitted;
· use the Services in a manner that could reasonably be expected to damage AftrBase, its users, or the security or integrity of the Services.
We may investigate suspected violations and may suspend or restrict access where reasonably necessary to protect the Services, users or third parties.
The Services may permit you to connect third-party services, applications, APIs or integrations. Your use of those is governed by the applicable third party's terms and privacy policy. AftrBase is not responsible for the availability, security, functionality or content of third-party services we do not control.
If you authorise an integration to access or process information from a third-party service, you are responsible for ensuring you have the necessary authority to provide that access.
The Services, including the software, source code, object code, design, user interface, visual elements, trademarks, logos, documentation, workflows and technology provided by AftrBase (“AftrBase Content”), are owned by or licensed to AftrBase and protected by applicable intellectual-property laws.
Except for the limited right to use the Services in accordance with these Terms, no ownership rights are transferred to you. You may not copy, reproduce, distribute, sell, lease, license, modify, create derivative works from, or commercially exploit AftrBase Content except as expressly permitted.
“AftrBase” and related names, logos and marks are trademarks or trade names of AftrBase or its licensors. No rights to use them are granted except as expressly permitted.
If you provide suggestions, ideas, recommendations or other feedback concerning the Services (“Feedback”), you grant AftrBase a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that Feedback without obligation to compensate you. Feedback does not include Your Content or confidential information.
Our collection and processing of personal data is described in our Privacy Policy, which forms part of these Terms and explains the categories of personal data we collect; why we collect and use it; how we share and protect it; applicable retention practices; and the rights and choices available to you.
AftrBase will implement reasonable technical and organisational measures designed to protect information processed through the Services against unauthorised access, alteration, disclosure or destruction. No internet-based service can be guaranteed completely secure.
You are responsible for maintaining the security of your account credentials and devices and for using appropriate security practices.
Each party may receive non-public information from the other that should reasonably be understood to be confidential (“Confidential Information”). The receiving party will use reasonable care to protect it and will use it only for purposes connected with the relationship between the parties.
Confidential Information does not include information that is or becomes publicly available without breach; was already lawfully known to the receiving party; is independently developed without use of it; or is lawfully received from a third party without confidentiality restrictions.
A party may disclose Confidential Information where required by applicable law, regulation, court order or governmental authority, subject to applicable legal requirements.
We may temporarily suspend or restrict access where reasonably necessary to protect the security or integrity of the Services; prevent fraud or abuse; investigate suspected violations; comply with applicable law; or address non-payment.
Where reasonably practicable, we will provide notice and an opportunity to remedy the issue.
You may stop using the Services at any time and may request closure of your account through the available account controls or by contacting us.
We may suspend or terminate your account if you materially breach these Terms; use the Services unlawfully; engage in fraud or abuse; create a material security or legal risk; or if we discontinue the relevant Services. Where appropriate and reasonably practicable, we will provide notice and an opportunity to remedy a breach.
Termination does not affect rights or obligations that accrued before termination.
Following termination or account closure, we may delete or anonymise account information and Your Content in accordance with our retention practices and applicable law.
We may retain information where reasonably necessary to comply with legal obligations; resolve disputes; enforce agreements; prevent fraud or abuse; maintain security records; or establish, exercise or defend legal claims.
Where Customer Data is subject to a separate customer agreement or DPA, the deletion and return provisions of that agreement apply.
To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. AftrBase does not warrant that the Services will always be uninterrupted or error-free; that every feature will remain available indefinitely; that the Services will satisfy every particular business requirement; that information obtained will always be complete or accurate; or that the Services will be free from all security vulnerabilities.
Nothing in these Terms excludes or limits any warranty, right or remedy that cannot lawfully be excluded or limited.
To the maximum extent permitted by applicable law, AftrBase will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business opportunity, goodwill or anticipated savings arising out of or relating to your use of the Services.
To the maximum extent permitted by applicable law, AftrBase's aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees actually paid by you to AftrBase during the twelve (12) months immediately preceding the event giving rise to the claim. For free Services, aggregate liability will not exceed INR 1,000.
Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless AftrBase, its affiliates, directors, officers, employees and representatives from claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising from your breach of these Terms; your unlawful use of the Services; Your Content where you did not have the necessary rights or permissions; or your violation of another person's rights.
This obligation does not apply to the extent a claim is caused by AftrBase's own breach, wilful misconduct or gross negligence.
We may modify the Services from time to time. If we make a material change that negatively affects your use of a paid Service, we will provide reasonable notice where practicable. We may discontinue particular features where reasonably necessary for security, legal, technical or commercial reasons.
We may update these Terms from time to time. If we make a material change, we will provide reasonable notice through the Services, email or another appropriate method. The updated Terms become effective on the date specified in the notice.
Your continued use after the effective date constitutes acceptance, to the extent permitted by applicable law.
These Terms are governed by the laws of India. Subject to the dispute-resolution provisions below and applicable law, courts located in Delhi, India have jurisdiction over disputes arising out of or relating to these Terms or the Services.
Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute by contacting the other party with reasonable details. Nothing here prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.
Where the parties agree to arbitration, it will be conducted under the Arbitration and Conciliation Act, 1996, as amended. The seat and venue will be Delhi, India, unless otherwise agreed in writing, and the language will be English.
We may provide notices through the email address associated with your account, through the Services, or by other reasonable electronic means. You may contact AftrBase using the contact details on our website.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where permitted by applicable law. AftrBase may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganisation, sale of substantially all assets, or similar transaction.
If any provision is held invalid, unlawful or unenforceable, it will be modified or limited to the minimum extent necessary and the remaining provisions continue in full force.
A failure or delay by AftrBase in exercising any right does not constitute a waiver of that right.
These Terms, together with the Privacy Policy and any applicable order form, subscription terms, DPA or other written agreement expressly incorporated into them, constitute the agreement between you and AftrBase concerning the Services. If there is a conflict between these Terms and a separately executed written agreement, the separately executed agreement prevails to the extent of the conflict.
AftrBase Private Limited, Delhi, India · Website: https://aftrbase.com
Email: [email protected] · Privacy requests: [email protected] · Grievances: [email protected]