www.intelgic.com is a digital product and software development service provider operated by Intelgic Technologies Pvt. Ltd, a private limited company registered in India. www.intelgic.com is a digital product and software development service provider operated by Intelgic Innovations Inc., a Texas-incorporated company.
The terms and conditions contained herein (“agreement”) apply to all use of the software and services (collectively, the “solution”) provided by intelgic to you and the organization you represent (together, “customer”). By accessing or using any of intelgic’s software or services, customer agrees to all of the terms and conditions of this agreement. This agreement will be deemed effective on the date it is agreed to by customer and/or the date of registration on intelgic’s website (www.intelgic.com) and/or the date on which the customer started using intelgic.com without registration.
By registering on the website www.intelgic.com or using any of its products and Services without the registration, the customer acknowledges that he/she has read, understood, and agreed to the entirety of these Terms of Service. Intelgic strongly advises the customer to print and/or save a copy of the Terms of Service.
These Terms of Service may be amended from time to time. It is the Customer’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The customer agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the customer’s acceptance of such revised terms.
Subject to the terms of this Agreement, Intelgic hereby grants Customer a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the Solution only for Customer’s internal use for the purpose for which it is provided and only by any Integic-provided documentation (including as provided electronically).
The Solution may include access to Intelgic’s software-as-a-service solution (“Hosted Solution”), software (“Software”), and/or related services, as agreed to by the parties in an Order Document. An “Order Document” is a schedule, statement of work, and/or other ordering document agreed to by the parties (and may include an online purchase process made available by Intelgic.
If the Solution includes the provision of any Software, the Customer will only use it in object code form. The Solution may be accessed by the number of users agreed to by Intelgic and Customer during the purchase process (e.g., on an order form and/or online purchase). Such users will be specific individuals named by Customer during the purchase process, or added during the use of software or subsequently, in writing (email is sufficient). In the event Customer purchases additional modules or add-ons or other solutions provided by Intelgic, they will be deemed “Solution” and, therefore, subject to this Agreement (unless Intelgic provides them under different terms and conditions).
Concerning any Customer proposed modifications, derivatives, enhancements, or improvements to the Solution (“Feedback”), Customer hereby grants Integic a perpetual, irrevocable, royalty-free, fully paid-up, sub-licensable, right and license to use, display, reproduce, distribute, and otherwise fully exploit such Feedback for any purposes. All Feedback is provided by the Customer “AS IS.”
Except as expressly and unambiguously permitted by this Agreement, Customer shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, resell or distribute the Solution; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Solution; (iii) rent, lease, or use the Solution for time sharing or service bureau purposes, or otherwise use the Solution on behalf of any third party; (iv) use the Solution to develop any other product or services whether delivered internally or as an external service offering or (v) use the Solution for performing comparisons or other “benchmarking” activities, either alone or in connection with any other Solution (and Customer will not publish or disclose any such performance information or comparisons). The customer shall maintain and not remove or obscure any proprietary notices on or in the Solution. As between the parties, title, ownership rights, and intellectual property rights in and to the Solution, and any copies or portions thereof shall remain in Intelgic or (as applicable) its suppliers/licensors. The customer understands that Intelgic may modify or discontinue offering the Solution at any time (provided that, if the Customer has purchased a term-based license, such discontinuance will only take place at the end of the then-current term). The Solution is protected by copyright laws and treaties. This Agreement does not give Customer any rights not expressly granted herein. On at least thirty (30) days before written notice, Customer may (itself or through a third party designated by Intelgic) audit and inspect Customer’s books, records, systems, and facilities as it deems appropriate to verify Customer’s compliance with this Agreement. Audits will not be conducted more than once each year (but more times are allowed if Intelgic reasonably suspects a breach). The customer will provide reasonable cooperation with any audit.
All information regarding the Solution, or otherwise disclosed by Intelgic, that is identified as confidential, or that Customer should reasonably understand to be confidential, is Intelgic’s “Confidential Information.” The customer will hold all Confidential Information in confidence and not disclose it to any third party, unless otherwise specifically approved by Intelgic in writing. Customer will only use the Confidential Information for its relationship with Intelgic hereunder, including as necessary to use the Solution for the purposes for which it is provided. This Section 3 will not apply to information that is or becomes generally available to the public without the fault of the Customer. On Intelgic’s request at any time, the customer will promptly return to Intelgic (or, at Intelgic’s request, destroy) all Confidential Information. If requested by Intelgic, the Customer will provide Intelgic with written certification that it has complied with this Section. Intelgic may collect and use usage data derived from Customer’s interactions with the Solution (including navigational, computer (such as IP address and browser type), statistical, and other metadata). Intelgic retains all rights, titles, and interests in and to such data.
During the term of this Agreement Intelgic will provide Customer with Solution support according to Intelgic’s general support practices and procedures. The customer acknowledges that the Solution contains features that allow Intelgic to remotely and automatically identify, track and analyze certain aspects of use and performance of the Solution and/or the systems on which it is installed, as well as the operator and operating environment (including problems and issues that arise in connection therewith).
The customer shall pay Intelgic (or its applicable authorized reseller) the fees (if any) for the Solution as agreed to by the parties in writing at the time of purchase. The customer shall also pay all sales, use, withholding tax, value-added and other taxes, tariffs, and duties of any type assessed against Intelgic. All software subscription fees will be paid through the online payment system provided by Integic on www.intelgic.com.
If Customer provides Intelgic with credit card or bank card information for payment, (i) Customer acknowledges that invoices will be available online on www.intelgic.com, (ii) Customer authorizes Intelgic to charge the credit card for the Solution and (iii) Customer will ensure that the credit card number (and all information provided to Intelgic for processing the card) will remain updated and accurate.
Customer shall indemnify and hold harmless Intelgic from any claims, damages, losses, penalties, fines, liabilities, costs, and fees (including reasonable attorney fees) arising from Customer’s use of the Solution as well as from Customer’s negligence, willful misconduct or failure to comply with any term of this Agreement.
The Solution is provided on an “as is” basis and an “as available” basis. The Solution shall not substitute any other function in the Customer’s organization. The information given by Intelgic is provided solely for the use of the solution. Intelgic has an obligation of means and does not provide any implicit or explicit warranty as to the use of the solution.
The customer understands that the technical processing and transmission of the solution, including the Processed Documents, the Content, and the Parsed Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Intelgic does not warrant that (i) the Solution will meet the specific requirements of the customer, (ii) the Solution will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the solution will be accurate or reliable, (iv) the quality of any information or other material obtained by the Customer through the solution will meet the customer’s expectations, and (v) any errors in the solution will be corrected.
The Content and the Parsed Content are kept by Intelgic for 30 calendar days maximum by default for the performance of the solution, excluding any data storage. Therefore, it is the Customer's responsibility to ensure the storage and registration of his/her/its data, including the Processed Documents, Content, and Parsed Content.
Intelgic might block the Customer’s Account if the customer went over the limit of the Subscribed Plan. Intelgic excludes any liability for the suspension of the Account.
The Customer understands that Intelgic uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, billing, storage, and related technology required to run the solution.
The customer also understands that, while Intelgic Solution offers tools to easily set up a connection with such systems, External APIs are published and maintained by an independent provider external to the Service Provider. The Customer is therefore solely liable as to the transfer, the download, or any use of the Processed Documents, Content, or Parsed Content to or through an External API, excluding any liability of Intelgic. The customer is aware that he/she/it may have to enter into a specific and separate agreement as to the use of the External API.
Intelgic excludes any liability in the events of:
a downgrading of the Service;
loss of Processed Documents, Content, Parsed Content, features, or capacity of the Customer’s Account;
a modification, price change, suspension, or discontinuance of the Service;
a loss or damage from the customer’s failure to comply with the Customer’s undertakings, including
his/her/its security obligation;
concerning choices of the Parsed Rules made by the customer;
concerning the use of the Parsed Content.
Customer expressly understands and agrees that Intelgic shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Intelgic has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Solution; (ii) the cost of procurement of substitute Solution resulting from any solution purchased through or from the solution; (iii) unauthorized access to or alteration of the Processed Documents, Content or Parsed Content; (iv) statements or conduct of any third party on the Solution; (v) or any other matter relating to the Solution.
In any case, the overall liability of Intelgic is strictly limited to the overall fees paid by the customer for the ongoing Subscribed Plan.
If a customer is not satisfied with our product, after purchasing it, the customer should contact us to avail our “14 days Money Back Guarantee” within the 14 days of the purchase. The “14 days Money Back Guarantee” applies only if the purchase falls under the following conditions-
To place a refund request, Customer must reach out to us through our website contact form. Intelgic will review and process the Customer’s refund request within 15 business days. For any further questions or clarification Intelgic can contact the Customer via email. The refund process may delay if there is delay in response from Customer.
This Agreement is effective as of the Effective Date and, unless otherwise agreed to by the parties in writing, will have the initial subscription term of one (1) month or one (1) year. Thereafter, it will automatically renew for successive renewal subscription terms of equal length to its initial subscription term, unless either party provides the other party with written notice of non-renewal at least sixty (60) days before the expiration of the then-current subscription term. The initial subscription term and all renewals are referred to collectively as the “Subscription Term.” Notwithstanding the foregoing, if the Solution is provided on an Evaluation Basis, it will, unless otherwise agreed in writing, have a term of thirty (30) days. If provided on an Evaluation Basis either party may terminate this Agreement at any time, for any or no reason, on two (2) days’ email notice. In addition, either party may terminate this Agreement on written notice if the other party (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice (ten (10) days in the case of non-payment or in the event Customer breaches any license or use restrictions) provided that, the breach notice must provide sufficient detail regarding the breach and expressly state the intent to terminate if not cured; (b) ceases operation without a successor or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within ninety (90) days thereafter). In addition, Intelgic may suspend access to the Solution, with or without notice, if Customer is more than ten (10) days late with any payment hereunder. Concerning Customer’s breach of its payment obligations, or any license or use restrictions, electronic notice to Customer is sufficient hereunder. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Customer shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Solution, and shall, if requested by Intelgic, so certify to Intelgic in writing that such actions have occurred. Sections 2 and 4 through 10, and all accrued rights to payment, shall survive termination of this Agreement.
If Customer is part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer of the Solution is restricted under the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Solution is “commercial computer Solution” and “commercial computer Solution documentation.” By such provisions, any use of the Solution by the Government shall be governed solely by the terms of this Agreement.
This Agreement represents the complete agreement concerning the Solution between the parties, to the exclusion of all other terms, and supersedes all prior agreements and representations between them; provided, however, that if there is already a mutually-signed agreement between Intelgic and Customer (not including any Customer purchase order or similar document) covering Customer’s purchase of a license to use the Solution, then the express terms of that signed agreement will govern to the extent they are expressly contrary to this Agreement. Any additional terms or conditions contained in any Customer purchase order or other ordering document (such as a link to Customer’s online terms and conditions) will not apply – even if the document is accepted or performed on by Intelgic. This Agreement may be amended only by writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Intelgic to act concerning a breach of this Agreement by Customer or others does not constitute a waiver and shall not limit Intelgic’s rights concerning such breach or any subsequent breaches. This Agreement is personal to Customer and may not be assigned or transferred for any reason whatsoever without Intelgic’s consent and any action or conduct in violation of the foregoing shall be void and without effect. Intelgic expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.
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