Terms and Conditions

Your Privacy

1. We are committed to your privacy. We take great care to protect the privacy of your information when we host your data on our servers. This Privacy Statement is intended for users of our hosted service. A separate Privacy Policy for Website Visitors addresses the privacy needs of visitors to our website. The Hosting Privacy Policy Statement applies to our customers who choose our cloud hosted service. In this document, the term "Customer Information" means information about your end users stored on our servers. The term "Customer" refers to the company (you) that contracts with us for hosted service.

Customers are hosted on the secure facilities at Daani.

We will not use customer information for the purposes of marketing to, or otherwise communicating directly with your end users, or provide customer information to any third party, unless we are required to do so in order to comply with the law. In short, we will never access customer information at all, unless specifically requested to do so by the customer who owns that information in order to assist in troubleshooting some problem with the hosted service.

Cookies

A cookie is a small text file containing a unique identification number that is transferred from a web server to the end user`s browser, enabling the serving party to track the website activities of the end user. We do not issue any cookies which enable third parties to track the activities of your end users. Our software uses a cookie only to identify a user`s login name so that users may log in to the software and use it.

Security

All hosted environments meet the following electronic security conditions - login validation; secure SSH (encrypted) connections to access servers; servers running behind secure firewall.

One of the options we offer is Secure Socket Layer (SSL) encryption. If you provide your customers with access to the hosted project using SSL, all Customer Information transmitted over the internet will be encrypted.

All hosted data is backed up at least once in every 24 hours and sent to a separate sites for storage.

Daani imposes strict internal controls over those of its employees with access to Customer Information. Such access is granted only on a need-to-know basis

Correction/Updating of Customer Information

Our software is configured to enable you to give your end users the means to access their own personal information for the purposes of deleting it, and/or correcting it.

Changes to Privacy Policy

Daani will update this policy from time to time


Your Content

2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Daani cannot be held responsible for Your Content or the material others upload, store or share using the Services.

b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Daani products and services, you grant to Daani a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how Daani personalizes advertising are available on the Security & privacy page of the Daani account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Policy.


Code of Conduct

3. Code of Conduct.

a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

i. Don’t do anything illegal.

ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.

iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.

iv. Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).

v. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretences, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).

vi. Don’t circumvent any restrictions on access to or availability of the Services.

vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).

viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).

ix. Don’t engage in activity that violates the privacy of others.

x. Don’t help others break these rules.

b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Daani account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Daani reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.


Using the Services & Support

4. Using the Services & Support.

a. Daani account. You’ll need a Daani account to access many of the Services. Your Daani account lets you sign in to products, websites and services provided by Daani and some Daani partners.

i. Creating an Account. You can create a Daani account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Daani account. In some cases, a third party, like your Internet service provider, may have assigned a Daani account to you. If you received your Daani account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Daani account. Please review any additional terms the third party provided you, as Daani has no responsibility regarding these additional terms. If you create a Daani account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Daani account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Daani account.

ii. Account Use. You must use your Daani account to keep it active. This means you must sign in at least once in a one-year period to keep your Daani account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Daani account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed Daani account. If we reasonably suspect that your Daani account is being used by a third party fraudulently (for example, as a result of an account compromise), Daani may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Daani account, please contact us.

iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a Daani account. If you are the parent or legal guardian of a minor that creates a Daani account, you accept these Terms on the minor’s behalf and are responsible for all use of the Daani account, or Services, including purchases, whether the minor’s account is now open or created later.

iv. Closing Your Account.

1. You can cancel specific Services or close your Daani account at any time and for any reason. To close your Daani account, please contact us. When you ask us to close your Daani account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Daani account will be closed. Please see section 4(a)(iv)(2) below for a detailed explanation as to what happens when your Daani account is closed. Logging back in during that 60-day period will reactivate your Daani account. 2. If your Services are cancelled or your Daani account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Daani account or will otherwise disassociate it from you and your Daani account (unless we are required by law to keep it). You should have a regular backup plan as Daani won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.

b. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

c. Service Notifications. When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your Daani account. If you gave us your phone number in connection with your Daani account then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS.

d. Support. Customer support for the Services is available at http://www.daaniitsolution.com

e. Support tickets are placed into three general categories as follows:

  • Support Issue - a question about standard functionality that does not involve changes to the core Software Product, although it may involve changes to the configuration made by the administrator using their browser
  • Enhancement Request - request to add functionality to the core Software Product
  • Bug - a defect in the core Software Product

Support Issues can generally be resolved by us within a few hours of submission based on advice provided by support staff.

Enhancement requests may be scheduled at our discretion, based on the perceived usefulness of the request for other customers. Note that enhancement requests may also be performed as paid custom development at your request, should we choose not to incorporate them as a general enhancement. We will provide Software Customization Service to you on additional charge, at the rates set out in the applicable Quote. We will customize wherever possible, your copy of Software according to your need and instructions.

We shall respond to and use reasonable commercial efforts to resolve issues deemed to be Bugs.


Using Third-Party Apps and Services

5. Using Third-Party Apps and Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t Daani) ("Third-Party Apps and Services"). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. You are responsible for your dealings with third parties. Daani does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties.


Service Availability

a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Daani account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.

b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Daani is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.


Updates to the Services or Software, and Changes to These Terms

7. Updates to the Services or Software, and Changes to These Terms.

a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Daaniaccount and, if you are a parent or guardian, help your minor child close his or her Daani account.

b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Daani isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.

c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.

d. So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates.

e. you agree to pay for the additional private server licenses or services if your usage exceeds than normal.


Software License

8. Software License. Any software and/or service provided by us to you as part of the Services is subject to these Terms.

a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Daani. Notices, if any, for the third-party code are included for your information only.

b. The software is licensed, not sold, and Daani reserves all rights to the software not expressly granted by Daani, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:

i. circumvent or bypass any technological protection measures in or relating to the software or Services;

ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;

iii. separate components of the software or Services for use on different devices;

iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Daani expressly authorizes you to do so;

v. transfer the software, any software licenses, or any rights to access or use the Services;

vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;

vii. enable access to the Services by unauthorized third-party applications.

c. all copyright notices used throughout the program, within the scripts and within the HTML that the scripts generate, MUST remain intact. Furthermore, these notices, including "powered by" wording that appears online along with link, must remain visible to the human eye. Your acceptance of this agreement also permits Publisher to list your Website in promotional materials and/or on our Website, unless a special agreement is made prohibiting such use.


Payment Terms

9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Daani account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.

b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Daani account management back office. Additionally, you agree to permit Daani to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.

c. Billing. By providing Daani with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Daani to charge you for the Services or available content using your payment method; and (iii) authorize Daani to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven`t previously been processed.

d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Daani by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by Daani. By authorizing recurring payments, you are authorizing Daani to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Daani or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.

e. Automatic Renewal. Provided that automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email before any Services renew for a new term and notify you of any price changes in accordance with section 9(k). Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.

f. Online Statement and Errors. Daani will provide you with an online billing statement on the Daani account management back office, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within30 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won`t be required to correct the error or provide a refund. If Daani has identified a billing error, we will correct that error within 30 days.

g. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Daani has charged you in error, you must contact us within 30 days of such charge. No refunds will be given for any charges more than 30 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

h. Cancelling the Services. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the Daani account management back office. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.

i. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).

j. Promotional Offers. From time to time, Daani may offer Services for a trial period during which Daani will not charge you for the Services. Daani reserves the right to charge you for such Services (at the normal rate) in the event thatDaani determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.

k. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.

l. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.


Contracting Entity, Governing Law and Exclusive Jurisdiction

10. Contracting Entity. For all Services, you`re contracting with Daani it solution,

11. Choice of Law and Place to Resolve Disputes. The terms of this agreement are exclusively based on and subject to Indian law including the Information Technology Act, 2008 and the Indian Penal Code, 1860,. All disputes and claims will be subject exclusively to the jurisdiction of courts/forums/tribunals at Allahabad only.

Warranties

12. Warranties. DAANI, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. DAANI DOESN`T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON`T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.


Limitation of Liability

13. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Daani or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You can`t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn`t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.

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