Last Updated 12th April 2018
Accepting these Terms
- In order to make use of the Services or access the Website, you must first agree to these Terms. We will treat your browsing of the Website or use of the Services as acceptances of these Terms. Do not use the Services or access the Website if you do not agree to these Terms. We may revise and update these Terms at any time without notice by posting such revised or updated Terms on this Website.
- Any changes to these Terms will become effective upon posting such revisions or updates.
- Check the terms and conditions link from time to time on the website to stay updated.
- Your continued usage of the app or access of the web admin panel will mean that you accept the then-current Terms at the time of such usage or access, as the case may be.
- You may not use the app or access the Website or access the admin panel and may not accept these Terms if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from receiving the Services or accessing the Website under the Indian laws or other countries including the country in which you reside or from which you use the Services and/or access the Website.
- These Terms shall also apply to your use of any reports, forms, applications, data, documents or other materials available via the Website or the Services.
- In the agreement terminology, term “web services” for accessing the web admin panel and website, “App services” for accessing the mobile app and “services” to access both web and app services.
Privacy and your Personal Information; Confidentiality
- You acknowledge that the Website and the App services and information provided by HRythm (other than Content that is provided by third parties) to you represent confidential information of HRythm and you agree to
- hold such information in confidence, applying commercially reasonable measures but never less than a reasonable standard of care,
- not, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer such information to any third party, and
- not make use of such information other than for the permitted purposes under these Terms.
Use of Services
To use the Website or the Services, you may be required to provide information about yourself as part of the user/registration process for the Website and Services. You agree that, (a) any registration/user-related information you give to HRythm will be accurate, correct, and current, (b) you are responsible for maintaining the confidentiality of user IDs and passwords associated with any account you use to access the Website or the Services, (c) you will be responsible to us for all activities that occur under your account and/or user name, and (d) if you become aware of any unauthorized use of your account, user name and/or password, you agree to notify us immediately.
- Acceptable Use
- We authorize you, and you agree, to use the Web and the app services solely for purposes permitted in these Terms, any applicable laws or regulations and the Services Agreement (if applicable). The Website and the Services may be used only for lawful purposes.
- he Services are protected under the Indian copyright, trademark (and other) laws. Unauthorized use of the services may violate these laws, and is strictly prohibited.
- You acknowledge and agree that HRythm (or our licensors) own all legal right, title and interest in and to the Web and app Services, including any intellectual property rights related thereto.
- ou agree, (a) not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Website or the Services and (b) not to sell, reproduce, display, publicly perform, distribute, or otherwise use the Website or the Services in any other manner that is likely to cause confusion among consumers, that disparages or discredits HRythm or its licensors, that dilutes the strength of our or our licensors’ property, or that otherwise infringes our or our licensors’ intellectual property rights.
- Prohibited Use
- Unless you have agreed otherwise in a separate written agreement with us, you agree not to (a) access (or attempt to access) the Website or any of the Services by any means other than through the user interface that is provided by us, (b) use any of our trade names, trademarks, service marks, logos, domain names, or brands, or (c) sell, resell, reproduce, duplicate, copy, transfer or trade the Website, the Services or information provided by HRythm (other than Content that is provided by third parties) for any purpose.
- Except as otherwise set forth herein, HRythm specifically prohibits any other use of the Website or the Services, and you agree not to do any of the following: (i) use the Services or the Website for any purpose other than their intended purpose, (ii) knowingly take any action that imposes an unreasonable or disproportionately large load on the Services’ or the Website’s infrastructure, (iii) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the content of the Services or the Website, (iv) aggregate, copy or duplicate in any manner any of the Content or information available from the Services or the Website, without express written consent from HRythm, or (v) frame or link to any content or information available from the Services or the Website.
- You are also prohibited from violating or attempting to violate the security of the Website or the Services, including without limitation, the following activities: (1) accessing data not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from HRythm, (3) attempting to interfere with service to any other user of the Website or the Services including, without limitation, via means of submitting a virus to our websites, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (5) taking any action in order to obtain Services to which you are not entitled, or (6) using the Website or the Services to create, transmit, distribute, or store material that (A) violates the intellectual property rights of third parties, (B) violates the privacy, publicity, or other personal rights of third parties, (C) impairs the privacy of communications of any party, or (D) assists or permits any persons in engaging in any of the activities described above. Violations of system or network security may result in civil and/or criminal liability.
- Content Policy
- You understand that all information, data, text, documents, software, graphics, video, advertisements, messages, files, third party links or other materials which you may have access to as part of the Services (the “Content”) are the sole responsibility of the person from which such Content originated, including without limitation any and all data, forms, applications and documents from third party sources.
- We do not guarantee that any such material provided obtained from third parties is current, complete, accurate or truthful or that such third party has the requisite permissions and authorizations to upload such Content.
- Content: Do’s and Dont’s
- Admin to post content only after approval by the team
- Don’t post unsolicited communication or advertisements.
- Common etiquettes to be followed: No bullying, No Hate Speech, Harassment and bullying.
- No Spam or irrelevant or obscene content.
- Engage with others in a constructive way.
- Don’t post content which infringes the intellectual property of others.
- Acceptable Use
HRythm, reserves the right to terminate the account of any firm which violates the content policy in any way.
- HRythm owns and will continue to own its Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Authorized Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the User Terms. All of our rights not expressly granted by this license are hereby retained.
Term and Termination
As further described below, a free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions and all Order Forms.
Termination for Cause
We or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of this Contract caused by its Authorized Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law.
Termination Without Cause
Customer may terminate its free subscriptions immediately without cause. We may also terminate Customer’s free subscriptions without cause, but we will provide Customer with thirty (30) days prior written notice.
Effect of Termination
Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
Data Portability and Deletion
We are custodians of Customer Data. During the term of a company’s subscriptions, Customer will be permitted to export or share certain Customer Data from the Services; provided, however, that because we have different products with varying features and Customer has different retention options, Customer acknowledges and agrees that the ability to export or share Customer Data may be limited or unavailable depending on the type of Services plan in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of a workspace’s subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control.
THE SERVICES, ITS CONTENT AND ANY OTHER INFORMATION PROVIDED VIA THE SERVICES OR WEBSITE ARE PROVIDED “AS IS” AND HRythm, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES WEBSITE, DATA, REPORTS, FORMS, APPLICATIONS OR OTHER DOCUMENTS OR MATERIALS PROVIDED VIA THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW; (B) THAT ACCESS TO THE SERVICES, THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (C) THAT THE USE OF, OR THE RESULTS FROM THE USE OF, THE SERVICES OR THE CONTENT WILL BE CURRENT, CORRECT, COMPLETE, ACCURATE, RELIABLE OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. YOU (AND NOT HRythm) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER OR DEVICE MALFUNCTION, VIRUSES OR OTHER ISSUES THAT MAY ARISE FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA VIA THE SERVICES OR THE WEBSITE. IN ADDITION, HRythm IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITIES WITH RESPECT TO CLAIMS ARISING FROM OR RELATED TO YOUR OR CLIENT’S NON-COMPLIANCE WITH FEDERAL AND STATE LAW, IT BEING EXPLICITLY AGREED TO AND UNDERSTOOD BY YOU THAT HRythm IS NOT PROVIDING LEGAL ADVICE OR LEGALLY COMPLIANT LANGUAGE OR CONTENT VIA THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF SOME OF THE IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Subject to the warranty provisions above, neither HRythm, nor its subsidiaries, affiliates, or licensors, shall be responsible or liable to you for any direct, indirect, incidental, special consequential or exemplary damages of any kind which may be incurred by you, however caused and under any theory of liability, including, without limitation, lost business or profits, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss that may result from your use of the Services or the Website. The limitations on our liability to you shall apply whether or not HRythm has been advised or should have been aware of the possibility of any such losses arising. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, THEREFORE, THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW. The disclaimers and limitations of liability set forth above are fundamental elements of the basis of this agreement between HRythm and you. We would not be able to provide the Website, Services and the Content on an economically acceptable basis without such limitations.
In the event that you use the Website Content or Services, or any portion thereof, in any manner not authorized by us, or if you otherwise infringe any intellectual property rights or any other rights relating to other users or third parties, you agree to indemnify and hold HRythm, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including attorneys’ fees, incurred by them as a result of unauthorized use of the Services and/or your breach or alleged breach of these Terms.