Privacy Policy ("Guideline") outlines Codon Software Private Limited's ("ServicTrac", "we" or "us") process in relation to the storage, use, processing, and disclosure of data that you have chosen to share with us when you access our website servicetrac360.com and mobile application "ServicTrac" (in a whole, the "Solution"), or data that we may have access to in relation to your use of the Services.

At ServicTrac, we are committed to protecting data and respecting your privacy. Please read the following terms of the Guideline carefully to understand our policies regarding your personal data and how we will treat it. This Guideline sets out the basis on which any personal data we collect from you, we collect about you, or that you provide to us, will be processed by us.

Capitalised words in the Guideline shall have the same meaning ascribed to them in the Terms and Conditions ("Terms"), available at Terms & Conditions. Please read this Guideline in consonance with the Terms.

THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data that is not relevant for ServicTrac operations.

We may collect, use, store and transfer different kinds of data about you to provide you with or in connection with the Services. Such data includes:

data pertaining to your identity and profile-related data, such as your first and last name, username or similar identifiers, passwords, purchases or orders, feedback, survey responses, etc.;

contact details, including email addresses, phone numbers, delivery addresses, business addresses, etc.;

transaction data, including details about payments to and from you and details of products and services you have purchased or sold;

technical data includes IP addresses, browser types and versions, time zone settings and locations, operating systems, and other technology on the devices you use to access the platform;

usage data including information about how you use our Services; and

marketing and communications data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, and use aggregated data such as statistical or demographic data for better analytics. Aggregated data could be derived from your personal data but is not considered personal data under applicable laws. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature of the Services.

Where we need to collect personal data by law, or under the terms of the arrangement we have with you, and you fail to provide that data when requested, we may not be able to perform our obligations under the arrangement we have with you or are trying to enter into with you (for example, to provide you with features of the Services). In this case, we may have to cancel or limit your access to the Services, but we will notify you if this is the case at the time.

HOW DO WE COLLECT DATA ABOUT YOU?
We use different methods to collect and process data about you.

Information you provide during account creation - This is the information (including identity, contact, and marketing and communications data) you consent to giving us about you when you create a Profile or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the Services, or share data through the Services, through other activities commonly carried out in connection with the Services, and when you report a problem with the Solution and our Services. If you contact us, we will keep a record of the information shared during the correspondence.

Information that you authorise a user of the Services to share with us - We may collect data and information about you that you authorise a merchant or supplier of goods or services you have sought or purchased, or intend to seek or purchase, to share with us.

Information we collect about you and your device - Each time you visit our Solution or use one of our Services, we will automatically collect personal data including device and usage data. We collect this data using cookies and other similar technologies.

Information we receive from other sources including third parties and publicly available sources - We will receive personal data about you from various third parties and public sources as set out below:

Analytics providers such as Google and Facebook;
Advertising networks;
Search information providers;
Contact, financial and transaction data from providers of technical, payment, and delivery services;
Identity and contact data from data brokers or aggregators; and
Identity and contact data from publicly available sources.

HOW DO WE USE AND DISCLOSE DATA WE COLLECT?
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data to provide you with the Services, or where we need to comply with a legal obligation.

You understand that when you consent to providing us with your personal data, you also consent to us saving the same in our database. You are aware that by using our Services or creating an account on the Solution, you authorise us, to contact you via email, phone, or otherwise. This is to ensure that you are aware of all the features of the Services.

You are aware that any and all information pertaining to you, whether or not you directly provide it to us (via the Services or otherwise), including but not limited to personal correspondence such as emails, instructions from you etc., may be collected, compiled and shared by us in order to render Services to you and you expressly authorise us to do so. This may include but not be limited to storage providers, payments systems providers, marketing partners, data analytics providers, and consultants, lawyers, and auditors. We may also share this information with our parent company, or subsidiaries.

You agree and acknowledge that we may share data without your consent, when it is required by law or by any court or government agency or authority to disclose such information. Such disclosures are made in good faith and belief that it is reasonably necessary to do so for enforcing this Guideline or the Terms, or in order to comply with any applicable laws and regulations.

In general, we will not disclose personal data except in accordance with the following purpose/activity:

To install the Solution and register you as a user;
To deliver Services;
To manage our relationship with you including notifying you of changes to any Services;
To administer and protect our business and the Services including troubleshooting, data analysis and system testing;
To deliver content and advertisements to you;
To make recommendations to you about goods or services which may interest you;
To measure and analyse the effectiveness of the advertising we serve you;
To monitor trends so we can improve the Services;
To perform our obligations that arise out of the arrangement we are about to enter or have entered with you;
To enforce our Terms;
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests;
To comply with a legal or regulatory obligation.
You authorise us to send you electronic alerts and messages for details pertaining to registration on the Solution, requirements arising out of the provision of Services, and advertising.

Further, you agree to receive promotional and other emails and other forms of communication from us. Through such communication you will receive information about the latest developments on the Services. You may unsubscribe from our mailing list at any time, via the unsubscribe option we offer.

TRANSFER OF PERSONAL DATA
As a part of your use of the Services, the information and personal data you provide to us may be transferred to and stored at countries other than India. This may happen if any of our servers are from time to time located in a country other than India, or one of our service providers is located in a country other than India. We may also share information with entities of countries other than India. These countries shall be subject to data laws of their respective countries.

If you use the Services while you are outside India, your information may be transferred to a country other than India in order to provide you with the Services.

By submitting your information and personal data to us, you agree to the transfer, storage, and/or processing of such information and personal data outside India in the manner described above.

THIRD PARTY LINKS AND USER EXPERIENCE IMPROVEMENT SERVICES
Our Services may, from time to time, contain services provided by or links to and from the websites of our partner networks, advertisers and affiliates ("Third Party Services"). Please note that the Third Party Services, that may be accessible through our Services have their own privacy policies. We do not accept any responsibility or liability for the policies or for any personal data that may be collected through the Third Party Services. Please check their policies before you submit any personal data to such websites or use their services.

We use third-party user experience improvement services (including but not limited to those provided by Google Inc and/or its affiliates) and applications to better understand your behavior on the Services.

The information collected includes (but is not limited to):

preferences; and
interests.
Your relationship with these third parties and their services and tools is independent of your relationship with us. These third parties may allow you to permit/restrict the information that is collected. It may be in your interest to individually restrict or enable such data collections.

The place of processing information depends on each third-party service provider and you may wish to check the privacy policy of each of the service providers to identify the data shared and its purpose. You will be subject to a third party's privacy policy if you opt in to receive communications from third parties. We will not be responsible for the privacy standards and practices of third parties.

COOKIES
We use cookies and/or other tracking technologies to distinguish you from other users of the Services and to remember your preferences. This helps us to provide you with a better user experience when you use our Services and also allows us to improve the Services.

We collect data by way of 'cookies'. Cookies are small data files which are sent to your browser from the Solution and are stored on your computer or device (hard drive). The cookies shall not provide access to data in your computer or device such as email addresses or any other data that can be traced to you personally. The data collected by way of cookies will allow us to administer the Services and provide you with an user-friendly service. The cookies shall enable you to access certain features of the Services. Most web browsers and devices can be set to notify when you receive a cookie or prevent cookies from being sent. If you do prevent cookies from being sent, it may limit the functionality that we can provide when you visit the Solution or try to access some of the Services.

Additionally, you may encounter cookies or other similar devices on certain pages of the Services that are placed by third parties. We do not control the use of cookies by third parties. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities in relation to the Services, we may collect such information into a file specific to you.

DATA SECURITY
We implement certain security measures including encryption, firewalls, and secure socket layer technology to protect your personal information from unauthorised access and such security measures are in compliance with the security practices and procedures as prescribed under the Information Technology Act, 2000 and the applicable rules (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules, 2011). However, you agree and acknowledge that the above-mentioned measures do not guarantee absolute protection to the personal information and by accessing the Services, you agree to assume all risks associated with disclosure of personal information arising due to breach of firewalls and secure server software.

Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Services, you are responsible for keeping this password secret. We ask you not to share the password with anyone.

DATA RETENTION
You are aware that your personal data will continue to be stored and retained by us for a reasonable period after termination of your account on the Solution.

BUSINESS TRANSITIONS
You are aware that in the event we go through a business transition, such as a merger, acquisition by another organisation, or sale of all or a portion of our assets, your personal data might be among the assets transferred.

CHANGE IN PRIVACY POLICY
We keep our Guideline under regular review and may adapat this Guideline from time to time, at our sole discretion.

The terms of this Guideline may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email. The new Guideline may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Services.

GRIEVANCE OFFICER
You may contact us at serviceTrac.com with any enquiry relating to this Guideline or an enquiry relating to your personal information (including reviewing or updating). You can also do so by writing to our Grievance Officer, established in accordance with the Information Technology Act, 2000 and rules made thereunder, at the address provided below:

Name: Grievance Officer
Email Address: support@servicetrac360.com
Address: Codon Software Pvt Ltd
161/1, Road No: 13A, Jubilee Hills
Hyderabad, Telangana 500033
Mobile-based solution for small business owners to enable recording of inventory, sales, purchasing, ledger transactions digitally across the globe.

ServiceTrac END-USER LICENSE AGREEMENT FOR ServiceTrac IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE USAGE OF THE PROGRAM:

ServiceTrac's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Codon Software Pvt Ltd. For Codon Software Pvt Ltd software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). For the avoidance of doubt, components included in the distribution of the "SOFTWARE PRODUCT" governed by the terms of the LGPL are not owned by Codon Software Pvt Ltd or bound by the terms of this agreement. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Codon Software Pvt Ltd, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use. Codon Software Pvt Ltd grants you the right to install and use copy of the SOFTWARE PRODUCT on your mobile device of the operating system for which the SOFTWARE PRODUCT was designed, Android (versions greater than 8.x) and iOS. You agree to not congruently install and license more than the specified number of devices as specified during purchase. You agree to uninstall existing licensed copy before installing additional licensed copies to prevent exceeding of the maximum number of licenses specified during purchase.
(b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
(c) Transfer of License. You may not sell, transfer, resell, lend, exchange or otherwise translate licenses to another end user.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Codon Software Pvt Ltd's websites may be freely distributed if they are available on the website.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services. Codon Software Pvt Ltd may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) Illegal use prohibited. You may use the software for your own use and enjoyment, but you may not redistribute the software. You may not use the software to violate any law, including copyright and export laws.

3. TERMINATION
Without prejudice to any other rights, Codon Software Pvt Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Codon Software Pvt Ltd or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Codon Software Pvt Ltd.

5. NO WARRANTIES
Codon Software Pvt Ltd expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non infringement, or fitness of a particular purpose. Codon Software Pvt Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Codon Software Pvt Ltd makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Codon Software Pvt Ltd further expressly disclaims any warranty or representation to Authorized Users or to any third party.

No oral or written information given by Codon Software Pvt Ltd, or an authorized representative shall create a warranty.

6. LIMITATION OF LIABILITY
In no event shall Codon Software Pvt Ltd be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Codon Software Pvt Ltd has been advised of the possibility of such damages. In no event will Codon Software Pvt Ltd be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Codon Software Pvt Ltd shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

CODE OF FEDERAL REGULATIONS
This software is a "commercial item", consisting of "commercial computer software" and "commercial computer software documentation", as those terms are defined in 48 CFR 2.101. All U.S. government end users acquire the software with only the rights set forth in this End User License Agreement, consistent with the terms and conditions of 48 CFR 12.212, and 48 CFR 227.7202-1, et seq.

APPLICABLE LAW
This EULA is governed by the laws of the State of Telangana, India, exclusive of conflict of law provisions. You agree to the jurisdiction of the courts of the State of Telangana with respect to any legal matters arising from this End User License Agreement. You also agree that this EULA is not governed by the United Nations Convention on Contracts for the international sale of goods. We will use your information to keep you up to date on Codon Software Pvt Ltd and Codon Software Pvt Ltd products. iOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under license. Google Cast, Android, Chromecast and Google Play are trademarks of Google Inc. Surface and Windows are trademarks of Microsoft Corporation in the U.S. and other countries. Miracast is a registered trademark of Wi-Fi Alliance. ServiceTrac and the accompanying logos are trademarks of Codon Software Pvt Ltd. Copyright © 2020. Codon Software Pvt Ltd, All rights reserved.

These terms and conditions ("Terms") govern the use of or access to servicetrac360.com ("Website"), the "ServicTrac" mobile application ("App"), and the Services (defined below). The Website and App are collectively referred to as the "Solution".

These Terms also include our privacy policy, available at ("Privacy Policy"), and any guidelines, additional terms, policies, or disclaimers made available or modified by us regularly. These Terms could be updated by us, without notice to you and the Terms, as amended, shall apply to all. You can always review the most current version of these Terms on our Solution.

These Terms constitute a binding and enforceable legal contract between Codon Software Private Limited ("ServicTrac") and a User (defined below) or any end user of the Services (collectively, "you"). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are legal age of eighteen years or older. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.

By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Solution or use the Services.

SERVICES
The Solution allows businesses such as vendors, merchants, and suppliers (hereafter, "Merchants") to record their daily transactions, such as the sale and purchase of goods and services, with their customers ("Customers"). In addition, the Solution uses technology to facilitate transactions between Merchants and Customers and uses data-backed insights to meet Users' untapped needs. Further, ServicTrac facilitates the provision of financial products and services to Users (all the services described here, including the provision of the Solution and its features, collectively constitute the "Services").

Merchants and Customers are collectively referred to as "Users". For the avoidance of doubt, a Merchant may be considered a Customer in certain transactions (and vice versa). For example, in a situation where the Merchant purchases goods and services from a supplier that are recorded on the Solution, the Merchant would be considered a Customer and the supplier a Merchant.

PROFILE CREATION
To avail the Services, a Merchant would be required to create a merchant profile on the Solution ("Profile"). In addition to setting up username and password to create the Profile, the Merchant will be required to furnish certain details, including but not limited to phone numbers and details of their businesses. The Merchant warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respect, and agrees that it shall promptly update its details on the Solution in the event of any change or modification.

The Merchant is solely responsible for maintaining the security and confidentiality of its username and password, and agrees to immediately notify ServicTrac of any disclosure or unauthorised use of its Profile or any other breach of security with respect to its Profile.

The Merchant expressly agrees to be liable and accountable for all activities that take place through its Profile. ServicTrac shall in no manner be held liable for any unauthorised access to a Merchant's Profile.

The Merchant agrees to receive communications from ServicTrac regarding: (i) information relating to transactions recorded on the Solution; (ii) requests for payment; (iii) information about ServicTrac and the Services; (iv) promotional offers and services from ServicTrac and (v) any other matter in relation to the Services.

KYC ServicTrac may be required to undertake certain "know your customer" processes in relation to Users who intend to avail certain features of the Services. In this regard, ServicTrac from time to time shall require Users to upload information and documents that may be necessary to ascertain their eligibility to use certain features of the Services ("KYC Documents").

The User authorises ServicTrac, and any third-party service provider it may engage with, to process KYC Documents and ascertain its eligibility. Any processing undertaken by ServicTrac shall be in accordance with its Privacy Policy. The User agrees that it may be subject to additional terms of service in the event a third party processes information under this Clause. Further, In the event any additional information, data, or documentation is required to determine eligibility (collectively, "Additional Information"), the User hereby agrees to share such Additional Information promptly upon request, and further, authorises ServicTrac to process such Additional Information.

The User agrees and warrants to provide true, complete, and up-to-date KYC Documents and Additional Information. The User further acknowledges that (i) any false or misleading information provided in this regard shall constitute a material breach of these Terms, and (ii) its access to certain features of the Services may be limited or denied if it fails to share KYC Documents and Additional Information.

TRANSACTION INFORMATION
Merchants may upload information relating to transactions with Customers, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Solution (such information is referred to as "Transaction Information"). Transaction Information may be exchanged between Merchants and Customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Merchants and Customers provided on the Solution.

At the time of creating or uploading the first Transaction Information with respect to a Customer, the Merchant shall inform such Customer of its use of the Solution to record such Transaction Information and Transaction Information related to future transactions and seek such Customer's express consent in this regard and to:

The creation of a profile of the Customer on the Solution, which will require sharing such Customer's phone number and contact details with ServicTrac;

receive communications from ServicTrac regarding: (A) information relating to their transactions recorded on the Solution; and (B) any other matter in relation to the Services.

Should the Customer fail to provide consent, or withdraw consent, the Merchant shall immediately cease to use the Services in relation to that Customer.

THIRD PARTY SERVICES
The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party ("Third Party Services") or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.

ServicTrac makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

YOUR RESPONSIBILITIES
The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to ServicTrac's notice. ServicTrac does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.

The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.

The User shall extend all cooperation to ServicTrac in its defence of any proceedings that may be initiated against it due to a breach of the User's obligations or covenants under these Terms.

The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:

infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;

except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;

use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;

use any robot, spider, other automated device, or manual process to monitor or copy the Solution or Services or any portion thereof;

engage in the systematic retrieval of content from the Solution or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;

use the Services in

(A) any unlawful manner,
(B) for fraudulent or malicious activities, or
(C) in any manner inconsistent with these Terms; or violate applicable laws in any manner.
OUR INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Solution and Services, including all intellectual property rights arising out of the Solution and Services, are owned by or otherwise licensed to ServicTrac. Subject to compliance with these Terms, ServicTrac grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Solution and Services in accordance with these Terms and its written instructions issued from time to time.

ServicTrac may request Users to submit suggestions and other feedback, including bug reports, relating to the Solution or Services from time to time ("Feedback"). ServicTrac may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User's intellectual property rights.

Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to ServicTrac's or any third party's intellectual rights.

TERM AND TERMINATION
These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

ServicTrac may terminate a User's access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.

Upon termination under Clause 8(b):

the Services will "time-out";

the User shall not be eligible to avail any features of the Services; and

these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

Notwithstanding anything to the contrary contained in the Terms, upon termination of a User's access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.

DISCLAIMERS AND WARRANTIES
The use of the Services is at your sole risk.

You acknowledge and agree that ServicTrac is not engaged in the provision, grant, or disbursement of any financial product. ServicTrac is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.

ServicTrac is merely a technology service provider and:

is not registered with the Reserve Bank of India;

does not hold any licence to engage in any activities relating to financial products; and

is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India; and

To the extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. ServicTrac does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.

To the fullest extent permissible under applicable law, ServicTrac expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.

You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that ServicTrac shall have absolutely no liability with respect to the same.

To the fullest extent permissible by law, ServicTrac, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:

your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;

the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to ServicTrac's records, programmes, services, server, or other infrastructure relating to the Services; or

the failure of the Services to remain operational for any period of time.

Notwithstanding anything to the contrary contained herein, neither ServicTrac nor any of its affiliates or related parties shall have any liability to you for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless ServicTrac, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.

INDEMNITY
You shall indemnify, defend at ServicTrac's option, and hold ServicTrac, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with ServicTrac, of these Terms.

CONSENT TO USE DATA
You agree that ServicTrac may in accordance with its Privacy Policy collect and use your information and technical data and related information.

ServicTrac may use information and data pertaining to your use of the Services for analytics, trends' identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Solution.

Subject to applicable laws, ServicTrac may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, ServicTrac shall have the right to share such data with relevant agencies or bodies.

MODIFICATION
ServicTrac reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. ServicTrac shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Hyderabad shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Hyderabad in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by ServicTrac. The language of the arbitration shall be English.

The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.

Each party to the arbitration shall bear its own costs with respect to any dispute.

MISCELLANEOUS PROVISIONS
Modification - ServicTrac reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.

Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

Assignment - You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without ServicTrac's prior written consent. ServicTrac may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. ServicTrac may assign its rights to any of its subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.

Notices - All notices, requests, demands, and determinations for ServicTrac under these Terms (other than routine operational communications) shall be sent to serviceTrac.com.

Third Party Rights - No third party shall have any rights to enforce any terms contained herein.

Translations - ServicTrac may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.

Mobile-based solution for small business owners to enable recording of inventory, sales, purchasing, ledger transactions digitally across the globe.

LAST UPDATED: [1st June 2020]