Effective Date: May 21, 2018.
Synage Software Private Limited (“Brightpod”) is the owner and the service provider of an internet-based project and time management software called Brightpod, that helps teams organize and manage their projects, tasks, deadlines from a central location.
This is a contract between you (“You”) and Brightpod and/or its affiliates. These terms describe the limited basis on which the Brightpod Services are available and supersede prior agreements or arrangements. You agree that by registering, accessing or using Brightpod Services, you are agreeing to enter into a legally binding contract with Brightpod. Use of Brightpod Services is available only to persons who can form a legally binding contract and for persons who are 18 years of age or older.
Brightpod may amend these terms at Brightpod’s sole discretion and make best efforts to notify You when major changes are made. Your continued use of Brightpod Services following the posting of changes and/or modifications will constitute Your acceptance of the revised terms.
Brightpod Services require You to create an account to participate. You agree to provide and maintain accurate, current and complete information, including Your contact information for notices and other communications from us and Your payment information. You shall provide us with your complete details to create a profile. You agree to inform us immediately of any changes to the information that You provided when registering. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of information You provide. You may never use another's account without permission.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your account that You can reasonably control. You should take all necessary steps to ensure that the password is kept confidential and secure and You agree to promptly notify us if You have any reason to believe of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving the Brightpod Services.
Brightpod shall not be liable for Your losses caused by any unauthorized use of Your account.
The security, integrity and confidentiality of Your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect Your information from unauthorized access, disclosure, use and modification.
Accounts on the Brightpod Services may include administrator functionality that permits the administrator(s) to create and view accounts for users. Each user account may be used only be one person and use of an user account by multiple persons is not permitted. An entity or a person may not maintain more than one free account.
When You use any Brightpod Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail, SMS, phone call or by posting notices on this site or through the other Brightpod Services.
Plans and paid transaction
Brightpod provides you with various plans. Basis your requirement You may choose the appropriate plan.
Your purchase of a plans or service is a payment for a limited, non-assignable license to access and use such content or functionality in the Brightpod Services. Such plans are made available to You in the Brightpod Services can only be used in connection with the Brightpod Services where You obtained them. We may modify or discontinue the plans at any time by giving you a notice. Refunds if any shall be provided at Brightpod’s sole discretion.
The Purchase Process
You will have the opportunity to review and confirm Your purchase, including, payment method and purchase details. We will send to You a notice when we accept Your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to You at the time we send the notice. At such time, the contract for license will be made and become binding on both You and us.
We reserve the right to refuse or cancel any order prior to commencement of the services. Some situations that may result in Your order being cancelled include system or typographical errors, inaccuracies in plans or pricing information, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact You if any portion of Your order is cancelled or if additional information is required to accept Your order. Brightpod reserves the right to terminate or suspend an account for non-payment of subscription dues.
Payments and Billing
When You provide payment information, You represent and warrant that the information is accurate, that You are authorized to use the payment method provided, and that You will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. If You use a payment method other than a credit card, You may incur an additional payment processing fee and may not be able to automatically renew subscriptions.
The Service is offered with a free trial for 14 days. If you need more than 14 days, you will only be able to continue using the Service by paying in advance for additional usage or emailing us for an extension for another 7 to 14 days. If you fail to pay for additional usage after this period, your account will be frozen and inaccessible until payment is made.
All fees stated in the plans are exclusive of all taxes, levies, or duties imposed by taxing authorities. When the payments are processed, our payment processor, Fastspring shall add the taxes applicable to your order basis your location and laws prevalent therein at the time of the order and you shall be responsible for payment of all such taxes, levies, or duties. For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. We use Fastspring as our payment processor, so all payment upgrades, cancellations, refunds, taxes and future subscription billings will be handled by them.
Cancellation and Termination
You are solely responsible for properly cancelling your account. You may cancel your account at anytime from the "Account Information" page (Settings tab) within your account. There is no cancellation fee. Once your account is cancelled, we will delete your information within a reasonable time and once deleted your Content cannot be recovered. There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter. Brightpod may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account. Brightpod reserves the right to refuse service to anyone for any reason at any time. Accounts that are idle (not logged in) for more than 3 months (90 days) will be removed permanently from our servers.
The Brightpod Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Brightpod Services are owned by us or our licensors or licensees or any affiliate companies. You agree that Brightpod owns all rights to the code, databases, visual-design and layout of the Service. Except as we specifically agree in writing, no element of the Brightpod Services may be used or exploited in any way other than as part of the Brightpod Services offered to You. We retain full and complete ownership of the Brightpod Services and all the intellectual property rights vested therein. We do not transfer title to any portion of the Brightpod Services to You. Nothing provided by any brand owned or licensed by Brightpod should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on Brightpod Services without the written permission of Brightpod.
Content and Software License
Synage Software claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
If Brightpod Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use such software, content, virtual item or other material for Your personal use only.
You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Brightpod Services to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Brightpod.
You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any Brightpod Service; decompile, reverse engineer, disassemble or otherwise reduce any Brightpod Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Brightpod Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through the Brightpod Services, You represent and warrant that Your access to and use of the services, content or software will comply with those requirements.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Brightpod, is responsible for all electronic communications and content sent from Your computer to us and You must use the website for lawful purposes only. You are responsible for all Content posted and activity that occurs under your account and under the other accounts that are created on the Service. You must not use the website for any of the following:
1. For or fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
2. To send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
3. To cause annoyance, inconvenience or needless anxiety;
4. Create a false identity, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
5. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Brightpod Services or otherwise copy profiles and other data from the Brightpod Services
6. Override any security feature or bypass or circumvent any access controls or use limits of the Brightpod Services (such as caps on keyword searches or profile views);
7. Copy, use, disclose or distribute any information obtained from the Brightpod Services, whether directly or through third parties (such as search engines), without the consent of Brightpod;
8. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer);
9. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Brightpod Services or related data or access to the same, without Brightpod’s consent;
10. Use bots or other automated methods to access the Brightpod Services, add or download contacts, send or redirect messages;
11. Monitor the Brightpod Services’ availability, performance or functionality for any competitive purpose;
12. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Brightpod Services;
13. Introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Brightpod Service or connected network, or interfere with any person or entity’s use or enjoyment of any Brightpod Service;
14. Not to access, monitor or copy any element of the Brightpod Services using a robot, spider, scraper or other automated means or manual process without our express written permission;
15. Not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to Brightpod servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
16. Overlay or otherwise modify the Brightpod Services or their appearance (such as by inserting elements into the Brightpod Services or removing, covering, or obscuring an advertisement included on the Brightpod Services).
Disclaimers and Limitation on Liability
THE BRIGHTPOD SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
Third-Party Services and Content
If You access a Brightpod Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, they shall be a third-party to this contract. However, these third-parties are not a party to this contract and are not responsible for the provision or support of the Brightpod Services. You agree that Your access to the Brightpod Services using these devices also shall be subject to the usage terms set forth in the applicable third-party terms of service.
You understand that Synage Software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Service. You acknowledge, understand and agree that Synage Software cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
When You access the Brightpod Services through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Brightpod Services may be prohibited or restricted by Your network provider and not all Brightpod Services may work with Your network provider or device.
Your Content and Account
User Generated Content:
The Brightpod Services allow You to communicate, submit, upload or otherwise make available text, images, audio, video, or other content (“User Generated Content”). You may not submit or upload User Generated Content that is unlawful, abusive, tortuous, profane, pedophilic, racially or ethnically or otherwise objectionable, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Brightpod Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to You.
You acknowledge and undertake that you are accessing the services on the website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through Our website.
Choice of Law:
These terms are governed by and construed in accordance with the laws of Republic of India. You waive any claims that You might have against Brightpod based on any other jurisdiction including your own.
Access to the website:
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Brightpod without restriction.
Brightpod’s performance of its obligations under this Contract will be suspended for so long as Brightpod is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of Brightpod and which events could not have been reasonably foreseen or anticipated by Brightpod upon the exercise of due care and diligence, including but not limited to Brightpod Services’ operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Brightpod), failure of technical facilities.
If you have any questions regarding this Terms of Service please contact us at firstname.lastname@example.org.