Terms of Use and User Agreement

Monocomsoft Terms of Use and User Agreement

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE CLICKING ON THE “I AGREE” BUTTON. BY CLICKING “I AGREE” BUTTON, YOU ARE HEREBY CONSENTING TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT WHICH IS ENFORCEABLE BY LAWS OF THE LAND LIKE ANY AGREEMENT. THIS PRODUCT WILL NOT INSTALL ON YOUR COMPUTER UNLESS OR UNTIL YOU ACCEPT THE TERMS OF LICENSE AND AGREEMENT. YOU MAY REFER TO OUR WEBSITE FOR MORE INFORMATION ON TERMS OF USE.

This User License Agreement is a legal contract between either an individual or an entity and Monocomsoft. This Agreement comes into force when you register or sign up to Monocomsoft or when you download or use the product and Service. If you are using the product or Service on behalf of a customer, you represent to us that you are legally authorized to enter into this Agreement on behalf of the Client.

You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Licensor, or through any third party or a reseller. For purposes hereof, “you” means the individual person installing or using the Product on his or her own behalf or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Product is downloaded or installed and you represent that you have authorized the person accepting this agreement to do so on their behalf. For purposes, hereof the term “organisation,” without limitation, includes any partnership, LLC, corporation under companies act, 1956 or any association, joint stock company, trust, joint venture, labour organisation, unincorporated organisation, or any governmental authority.

By accessing, downloading, storing, loading, installing, executing, displaying, copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation (“Operating procedure”), you agree to be bound by the terms of this Agreement. Failure to comply with terms and conditions of this Agreement, Monocomsoft reserves the right to deny you the license to use the Product restricting you to operate or use the Product in any manner.

1. Grant of License

1.1 Monocomsoft has developed, owns and offers a product and service which enables users to browse the internet through desktop application or on website anonymously by redirecting users' communication through proxy meaning other users' devices or system or direct communication through own contacts. All products are available for commercial/business/personal use under this agreement.

1.2 During the period while this Agreement is in force, Monocomsoft grants the user a limited use license for either single or bulk use (with no right to sublicense or sell unless authorized otherwise) to access and use the products or service solely for the purpose of own internal business operations and communication.

1.3 Monocomsoft reserves any and all rights not expressly granted in this Agreement, including, without limitation, any and all rights to the product and/or Service.

2. Data Collection

2.1 Monocomsoft had developed, owns and offers or intends to offer a data collection service platform for its users (the "Service") which collects, sifts and delivers publicly available data (the "Data") to its users, subject to the terms in this Agreement.

2.2 Monocomsoft will not provide any product, Service or Data where such provision may, in Monocomsoft's sole discretion, infringe or violate any applicable laws or regulations or any other third-party rights.

3. Disclaimer on Warranties

MONOCOMSOFT IS PROVIDING THE USE OF ITS PRODUCTs, SYSTEM AND THE DATA SERVICES ON CURRENT USE BASIS AND IT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE CONDITION, VALUE OR QUALITY OF THE SYSTEM OR THE DATA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF SALE, MERCHANT OPERATIONS, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM DEALING, USAGE OR ANY TRADE PRACTICE. MONOCOMSOFT FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SYSTEM OR DATA WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.

4. Warranties and Representations by The User on Behalf of Customer

The user warrants, represents and consents to MonocomSoft that it shall:

4.1 Not to use the product, System or the Services in violation of any applicable laws or regulations or any third-party rights (including intellectual property rights), or for governmental usage. Not to use the System in any way or for any purpose other than as stated in the intended use.

4.2 Not to use the System to: (a) distribute cracking software, ROM, virus, spyware, malware, adware, worms, trojan horses, or any other malicious activities and products or any other computer codes, files or programs designed to stop, interrupt, hijack, destroy, curtail or adversely affect the functionalities or use of any computer software, hardware, network or telco equipment’s; (c) distribute any unlawful/illegal content or encourage any unlawful activity; (iv) cause any damage or service disruption to any third party computers or service; or (v) unlawfully enhance or operate a service that competes with the System or Services, or assist any other party to engage in similar activity.

4.3 Not to use other systems, products or services that infringe upon the patents and other intellectual property rights of monocomsoft.

4.4 Not engage in any reselling of the System in whole or in part, without any authorization duly obtained from MonocomSoft.

4.5 Not to use the System or the Data that contains any personal or private information of any third party and disclose without his/her consent.

4.6 The use will be solely responsible for any actions or acts it performs using the monocomsoft apps, System or Data.

4.7 The user is responsible for protecting its personal username and/or password to the System and not to disclose it. Monocomsoft will not be liable for any loss of passwords or data. The user may not share its account credentials with anyone or knowingly or unknowingly permit any unauthorized access to the System. The accounts of those involved will be disabled if sharing is detected.

5. Free Trial and Subscription

5.1 Following the free trial period if allowed, user will have to enter a valid payment method as a condition for further use or access to the product, System or the Service, at the consideration stated in the user's dashboard or in a specific insertion order or other statement of work (the "Subscription Fees"). The Subscription fees are non-refundable.

5.2 Prices does not include any taxes and the user shall be responsible for payment of all such applicable taxes, levies, or duties whatsoever.

5.3 User consents to receive electronic invoices and receipts from Monocomsoft upon purchase of any product or services.

6. Limitation of Liability

Under no event or circumstance will Monocomsoft be liable under this Agreement for any consequential, special, indirect or punitive damages or for any loss, profits or revenue (whether in contract, negligence or any other) in any way relating to this Agreement, even if Monocomsoft had been informed in advance of the possibility of such damages. Monocomsoft's aggregated liability under this Agreement for any claim or damage is limited to the amount of fees actually received by Monocomsoft from user under this Agreement during the subscription period or for one time purchase.

7. Temporary Suspension of Account

Monocomsoft at any time with its sole prerogative, may suspend user's right to access or use the product or the Service and Data immediately upon notice to user upon such discovery by Monocomsoft:

(a) User's access or registration for the product or Service (i) poses a security risk to the organisation or any third party, (ii) may adversely impact the product or any other monocomsoft clients products or services, including by way of causing a user to be blocked from certain websites, networks or services, (iii) may subject monocomsoft, its affiliates, or any third party to liability, or is in breach under any applicable laws or regulations, (iv) may be fraudulent or malicious, or (v) may disparage or devalue monocomsoft's reputation or goodwill in the market; or

(b) User is in breach of this Agreement, including if user defaults on payment obligations.

(c) User has violated any of its representation and warranties under this Agreement or any other representation and warranties provided to Monocomsoft associated with user’s access to the product, System or Service.

8. Disclosure of Information

Monocomsoft shall have the right, but not the obligation, to monitor user's use of the System for billing purposes and to verify no misuse or network abuse is committed by user. Monocomsoft may share the user's relevant information with any authority in case of a complaint or a lawsuit against the user, if Monocomsoft determines that it is necessary to comply with law, regulation, subpoena or court order.

9. Termination

9.1 This Agreement commences on the Effective Date and shall continue until terminated in accordance with the terms of this Agreement.

9.2 Unless agreed otherwise in a separate schedule or SOW, either party shall have the right to terminate this Agreement immediately at any time by providing the other party an advance written notice as per applicable law. The agreement will terminate with immediate effect upon receipt of notice unless otherwise stated in the agreement, without the party incurring any liability towards the other party by virtue of such termination.

Monocomsoft shall be entitled to terminate this Agreement immediately for "cause" by written notice to the User if (a) any act or omission by user entitles Monocomsoft to suspend its access or use of the product , System or Service as described in Section 7.; (b) the user is in breach of any representation or warranty found as per agreement or any other representation and warranties provided to monocomsoft associated with user's use of the Product, System or Service; (c) the User engages in any action or activity that, in Monocomsoft's sole discretion, places Monocomsoft at risk under any applicable laws or regulations. Monocomsoft shall not be liable to the Client or any third party for the termination of this Agreement.

9.3 Upon termination, any outstanding consideration amounts shall immediately become due and payable (including without limitation, for Data collected, even if not yet provided to the user), the license granted herein shall be terminated and the user shall immediately cease the use of product, System or Service and Data.

10. Miscellaneous

10.1 This Agreement constitutes all matters and understanding between the parties with respect to the use of product, system or service referred to herein.

10.2 All notices or other communications hereunder shall be given by email to the email address provided by the parties as part of the registration to the System, unregistered users may send direct email to support in case of any dispute.

10.3 This Agreement shall be governed by the respective laws of the State of New Delhi, in this case the courts of New Delhi will have the exclusive jurisdiction over the parties.

10.4 If any provision of this Agreement will be held by a court of competent jurisdiction to be contrary to any law, the remaining provisions will remain in full force and effect as if said provision never existed.

10.5 No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof.

10.6 Monocomsoft may, at any time, and at its sole discretion, modify this Agreement, with or without notice to the User. Any such modification will be updated immediately on monocomsoft’s website from time to time. User's continued use of the product, Systems and Service following any such changes to the terms of use constitutes acceptance of the modified Agreement.

11. Reverse Engineering

You acknowledge that the source code for the Product is proprietary to Monocomsoft and constitutes trade secrets of the Licensor or its suppliers and/or licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way.

12. License Key

There are certain features in the products or service which are designed to prevent the unlicensed or illegal use of the Software product or service, and to provide automatic updates to the users for better performance of the product and service. You agree that Monocomsoft may use these measures to protect against Software piracy, illegal or unauthorized use. This Software makes use of technology that limits the ability to use the Software on multiple computers on a single use license purchase.

13. Purchase of Products With Lifetime Validity

Monocomsoft shall provide continuous extended technical support and free upgrades to users for the particular version of product for 3 years. Post expiry of extended support, users may either opt to purchase a new license or join the subscription model. OR they may continue to use the existing version without free upgrades and with limited support.

Additional Input to be Considered:

Under Indian Civil Code Sections, Indian residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at support@monocomsoft.com.