Introduction

Acceptance of Agreement
Your use of the Bizcompass Services offered at bizcompass.in (referred to as the "Service/Platform") is subject to these Terms of Use. By accessing and using the Service, you acknowledge and agree to be bound by this legally binding Agreement. If you do not agree to all the terms and conditions set forth in this Agreement, you are not permitted to use the Service.

Representation and Authorization
By signing up for the Service offered by Bizcompass Pvt. Ltd., you confirm that:

  • You are duly authorized to represent the legal entity under which the client operates, as well as any affiliates of the client who will be using the Service.

  • You accept the terms and conditions of this Agreement on behalf of the said legal entity and its affiliates.

Any references to "you" in this Agreement refer to the client, its affiliates, and all employees, consultants, and agents associated with those parties.

You are solely responsible for all activity that occurs on the Service under your account.

2 Service & Restrictions

The Services may only be utilized in strict accordance with the terms of the contractual agreement between Bizcompass Pvt. Ltd. and yourself or the organization you represent.

Subject to your complete compliance with these Terms of Use, Bizcompass Pvt. Ltd. grants you a limited, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and employ the Service.

You expressly undertake not to engage in, or attempt to engage in, any use of the Service that is not expressly permitted by these Terms of Use.

Bizcompass Pvt. Ltd. reserves the unfettered right, with or without prior notice, to modify or permanently discontinue the Service (or any component thereof). Moreover, Bizcompass Pvt. Ltd. retains the discretion to deny access to the Services to any user, without any obligation to provide notice, for any reason, including, but not limited to, a violation of the Terms of Use.

In the event of a violation of these Terms of Use, Bizcompass Pvt. Ltd. may elect to issue a warning regarding the violation or, at its sole discretion, immediately suspend or terminate any or all accounts associated with the Service. You acknowledge and agree that Bizcompass Pvt. Ltd. is not obligated to provide prior notice before terminating or suspending your Account(s), although it reserves the right to do so.

3 Privacy Policy

We value your privacy and are committed to protecting your personal information. Our Privacy Policy outlines how we collect, use, and disclose data. By using our platform, you acknowledge and agree to the terms of our Privacy Policy. Please read it here Privacy policy.

4 Terms Change

We hereby reserve the right to amend these "Terms of Use" at our discretion and without prior notice.

  • Any modifications made shall be effective immediately upon their posting on the Website/Bizcompass Platform.

  • Your continued usage of the Website/Bizcompass Platform and/or the Services (as defined below), constitutes your acceptance and agreement to be bound by the updated terms.

  • We strongly recommend that you regularly review the prevailing version of these Terms of Use as posted on the Website/Bizcompass Platform to stay informed of any changes.

5 Usage of the Bizcompass Platform

As a registered user of the Bizcompass platform, it is your responsibility to ensure the security of the devices on which the platform is installed and/or used, as well as the security of your associated account. You are fully accountable for all activities that occur on the Bizcompass platform under your account.

Your access and use of the Bizcompass Platform and its services are subject to compliance with applicable laws and regulations. You are solely responsible for understanding and adhering to all legal requirements related to your use of the Bizcompass platform and services. In this regard, you agree not to:

  • Disrupt or impede others' access to or usage of the individual features of the Bizcompass platform.

  • Interfere with or disrupt the functionality of the services or the servers and networks connected to the Bizcompass platform. Additionally, you shall not violate any requirements, procedures, policies, or regulations associated with said networks.

  • Upload or transmit (or attempt to upload or transmit) files that contain viruses, malware, corrupted files or data, or any other software or programs that may compromise the proper functioning of the platform or harm the devices of other users.

  • Engage in any activities that violate applicable laws or regulations, or promote or encourage illegal conduct, including, but not limited to, hacking, software piracy, or the distribution of cheats or hacks for the platform.

6 Operational Support

Our Operational Support services are designed to address any questions, concerns, or technical issues that may arise during your use of our business process automation software. Whether you need guidance on software functionalities, assistance with troubleshooting, or personalized advice on optimizing your processes, our team is here to help.

We understand that your business relies on uninterrupted operations and seamless processes. That's why our dedicated team of experts is available to provide comprehensive support and walk you through the product via convenient video calls between 9 AM and 5 PM.

7 Security & Breaches

At Bizcompass, security is paramount. We use the following measures to ensure complete security of the platform as well its users.

We, at Bizcompass, treat any kind of security breach as a high priority issue and address it accordingly.

External Breach
In case of an accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, or access to personal data ("Security Breach") that affects the personal data maintained through the Bizcompass Service, caused by individuals other than your employees, contractors, or agents, Bizcompass will undertake the following actions:

  • Initiate appropriate remedial actions in compliance with the relevant legal requirements and industry standards.

  • Notify you, as required by the applicable laws, of the Security Breach, including its nature, scope, the planned remedial actions, and the anticipated timeframe for resolving the Security Breach.

You are responsible for fulfilling your obligations in accordance with the applicable laws and regulations in response to the Security Breach.

Internal Breach
In case of a Security Breach, as defined by the applicable laws and regulations, caused by your affiliate, employee, contractor, or agent, or due to your failure to maintain secure systems, network, or data, you shall assume sole responsibility for implementing appropriate remedial actions.

You must promptly notify Bizcompass of the Security Breach and provide details of the steps you will take to address and resolve the breach. Bizcompass reserves the right, at its sole discretion, to take necessary actions, including suspending your access to the Service, to prevent harm to you, Bizcompass, the Service, or other third parties. By accepting these terms, you waive any claim against Bizcompass for losses resulting from such actions.

Breach Notifications
If either party is required to notify affected individuals or regulatory agencies regarding the Security Breach, the party responsible for the notification will provide the other party with an opportunity to review and approve the notification for accuracy before delivering it. Such approval shall not be unreasonably withheld.

8 Indemnification

To protect and defend the interests of Bizcompass, its subsidiaries, affiliates, assigns, officers, directors, agents, and employees, the following indemnification terms apply:

Your Obligations:
You agree to indemnify, defend, and hold Bizcompass and its representatives free & harmless from any Liabilities incurred as a result of a Claim made by a third party, arising from or in connection with:

  • Your access or use of the Platform or Service in violation of this Agreement.

  • Any employment decision or action based on information obtained through the Service, including inaccuracies or incompleteness of information related to compensation or equity ownership of employees, independent contractors, or candidates.

  • User Content or Data provided by you, your end users, or other third parties.

  • Your violation or alleged violation of any third-party rights, including privacy rights and rights provided by labor or employment law.

  • Your violation or alleged violation of this Agreement.

Bizcompass' Obligations:
Bizcompass agrees to indemnify, defend, and hold you and your affiliates, officers, agents, and employees free & harmless from any Liabilities resulting from a third-party Claim alleging infringement of intellectual property rights specifically due to your use of the Platform or Service in accordance with this Agreement. However, Bizcompass shall not be liable for:

  • Use of the Platform or Service in a modified form or in combination with materials or software not provided by Bizcompass.

  • Any User Content, information, or Data provided by you, your end users, or other third parties.

Procedure:
In the event of a Claim, the party seeking indemnification shall:

  • Promptly notify the other party in writing about the Claim.

  • Provide the indemnifying party full control over the defense of the Claim and any negotiations for compromise or settlement. However, if the settlement requires the indemnified party to take action or admit something, their consent will be required.

  • Cooperate with the indemnifying party, providing all reasonable assistance, information, and cooperation regarding the Claim.

However, failure to promptly notify, grant sole control, or provide such cooperation, information, and assistance shall not release the indemnifying party from its obligations, except if such failure materially prejudices the indemnifying party. The indemnified party may have its own legal representation, at its own expense.

9 Governing Laws

The validity, interpretation, and enforcement of these Terms of Use shall be governed by and construed in accordance with the laws of India, without reference to any conflict of laws principles. Any disputes or claims arising in relation to, or under, these Terms of Use shall be exclusively subject to the jurisdiction of the courts in Gujarat, India.

By using our platform, you expressly consent to the exclusive jurisdiction and venue of these courts for the resolution of any such disputes.

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