You understand and agree that the Service may include advertisements. You also understand and agree that the Service may include certain communications from us, such as service announcements and administrative messages, and that these communications are considered part of Wittybee membership and that you will not be able to opt out of receiving them. Changes and features that augment or enhance the current Service shall be subject to these Terms. You understand and agree that the Service is provided "as is" and that we assume no responsibility for the timelines, deletion, mis-delivery of or failure to store any user content or settings. You are responsible for obtaining access to the Service which may involve third-party fees (such as internet service provider charges and other networking charges). In addition, User shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like. User shall also be responsible for maintaining the security of the Equipment, User account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of User account or the Equipment with or without User’s knowledge or consent.
You shall not access the Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without our prior written consent.
The Service allows you to create tasks and associated information, attachments, text, files, project names, team names, conversations and other materials (together the "Content") and to share that Content with others or to upload, submit, send and store the same. We do not claim ownership of the Content you submit or make available for inclusion on the Service nor shall we be liable in respect of the same. You retain ownership of your Content and are responsible for the same. We do not control the Content posted via the Service and do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will Wittybee or any of its associates be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, any infringement of a third party right, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. User represents, covenants, and warrants that User will use the Services only in compliance with Service Provider’s standard published policies then in effect and all applicable laws and regulations. Although Service Provider has no obligation to monitor User’s use of the Services, Service Provider may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- act in a manner that adversely affects other users' ability to use the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our rights, property or personal safety, or of our users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
In consideration of your use of the Service, you represent and warrant that:
- you are legally capable to form a binding contract and are not a person barred from receiving services under the laws applicable to you;
- your use of the Service does not violate any applicable law or regulation;
- you are a human being. Accounts registered by "bots" or other automated machines/methods are not permitted;
- if you are accessing the Services on behalf of an Organization, you have all the authority required to bind your Organization to these Terms;
- You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you.
- You agree that by keeping the option "See my contacts in Wittybee" or "Import my contacts into Wittybee" checked during or after creating your Wittybee account, your contacts, including but not limited to email contacts, from your devices shall be imported routinely into your Wittybee account to facilitate features including but not limited to auto-completion of fields and your voluntarily sending invitations to join the Service.
- You agree that not more than 5 most recent versions of your files be retained in the history folder and that contents of your trash folder or message-trash be automatically emptied when its contents are older than 30 days, and that such limiting features be activated at any time during the course of your use of the Service without notice.
Upon completing the Service's registration process, you would be asked to create a password for accessing your account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Wittybee or its associates cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms, including without limitation, this section.
Special caution for international use
You agree to comply with any and all applicable local, state, national or international laws and regulations regarding online conduct, acceptable Content and use of the Service. Specifically, you also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country or jurisdiction in which you reside.
You agree to indemnify, defend and hold harmless Wittybee, its licensees and licensors, and their respective employees, contractors, agents, officers, partners and directors (collectively, the "Wittybee Affiliates"), from and against any and all liabilities, damages, obligations, losses, costs and expenses (including but not limited to reasonable attorney's fees) ("Losses") arising from or as a result of any claim by a third party against Wittybee or the Wittybee Affiliates regarding: (i) use of or access to the Service by you in violation of these Terms; or (ii) any data or Content transmitted or received through your account (iii) your violation of any rights of another person, and (iv) the non-payment of any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise.
Infringement claims. If the Service becomes, or in our reasonable judgment is likely to become, the subject of a claim of infringement, then we may: (i) obtain the right, at our expense, for you to continue using the Service; (ii) provide a non-infringing functionally equivalent replacement; (iii) modify the Service so that it is no longer infringing. If we, in our sole and reasonable judgment, determine that none of the above options are commercially reasonable, then we may suspend or terminate your use of the Service and provide you with a pro-rata refund of prepaid fees. In all such cases, we shall make the best endeavours to return your data to you.
Disclaimer of warranties
The Services are provided using a commercially reasonable level of skill and care and we hope that you will enjoy using the Services. Further, we shall make all efforts to ensure that the Services shall be delivered to you in an uninterrupted, timely and secure manner, however there are certain things that we cannot commit to in the course of providing the Services due to the fact that the Services are also subject to external risks beyond our control.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Wittybee AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
>WHILE WE SHALL MAKE ALL EFFORTS, AND TAKE ALL STEPS, TO ENSURE THE SAME, Wittybee AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
>ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
>NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Wittybee OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of liability
>TO THE FULLEST EXTENT PERMITTED UNDER LAW (AND UNLESS Wittybee HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THESE TERMS), YOU EXPRESSLY UNDERSTAND AND AGREE THAT Wittybee AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES(EVEN IF Wittybee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Wittybee'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO Wittybee FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II)
No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).
Termination and cancellation
You agree that we may without prior notice immediately terminate your Wittybee account and access to the Service. Such termination may be made in our sole and absolute discretion with or without cause and that we shall not be liable to you or any third party for any termination of your account, or access to the Service. For illustrative purposes only, the situations in which we may terminate your account and access to the Service may include but is not limited to: (a) breaches or violations of this Terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and / or (h) non-payment of any fees owed by you in connection with the Service. However, where such termination is without any reason attributable to you, we shall provide you a termination notice of 30 days.
Upon cancellation of your Account (whether at your request or otherwise), your account shall become deactivate or get deleted. Content will be accessible for a maximum period of 30 (thirty) days from the cancellation. We cannot guarantee that you will be able to access your data after this period of 30 days and we may not be able to recover your information and data after this period of 30 days. Please note that any Content shared on a public platform or with any other user shall continue to be accessible by the public / such other user even upon cancellation of your account.
If you are a paid user, and you cancel the Service before the end of your current paid up billing cycle, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
We reserve the right to refuse service to anyone for any reason at any time.
General practices regarding use and storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum size of any file that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that we have no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
Modifications to service
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. The Service Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You agree to be identified as our customer and you agree that we may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in our marketing materials and web site. You hereby grant us an irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to us pursuant to this marketing section.
Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Wittybee's proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on your computing devices, subject to the terms and conditions of these Terms. You shall not (and shall not allow any third party under your control to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
User will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Service Provider or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to User for use on User premises or devices, Service Provider hereby grants User a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
Wittybee's intellectual property rights
The Service (excluding Content provided by users) constitutes our / our affiliates intellectual property and will remain our exclusive property and its licensors. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, our trademarks, logos and other brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
User age limit
The Services shall not be used by any person who has not attained the age of thirteen (13) years. By signing up, you are confirming that you are above the age of thirteen (13) years.
Have an issue? Get in touch with us: We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally via the Contact Us page. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 (thirty) days of submission, then either party may bring a formal proceeding in accordance with the following paragraph.
In case either your place of residence or business is in India, this agreement shall be governed, construed and enforced in accordance with the laws of India and In the event that any dispute is not resolved to our mutual satisfaction within 30 (thirty) days from the date on which either party is notified, then either party may bring a formal claim, which shall be resolved first through final and binding arbitration administered by a reputable arbitrator in the city of Ahmedabad, India. In the event that the agreement to arbitrate is found not to apply to the claim, you agree that any judicial proceedings will be brought in the courts of the city of Ahmedabad, India and you consent to venue and exclusive jurisdiction of such court.
In case both your place of residence and business is out of India, you agree to abide by this agreement in accordance with the laws of New York State of United States, whereas Wittybee Technologies Limited and its associated companies agree to abide by this agreement in accordance with the laws of India, and in the event that any dispute is not resolved to our mutual satisfaction within 30 (thirty) days from the date on which either party is notified, then either party may bring a formal claim, which shall be resolved first through final and binding arbitration administered by a reputable arbitrator in the city of Ahmedabad, India. In the event that the agreement to arbitrate is found not to apply to the claim, then you agree that any judicial proceedings, where you're the defendant, will be brought in the courts of New York city, United States, whereas any judicial proceedings, where Wittybee Technologies Limited or its associated companies are the defendants, will be brought in the courts of Ahmedabad city, India and you consent to venue and exclusive jurisdiction of such courts.
No class actions: ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.
Export restrictions. The export and re-export of your Data via the Services may be controlled by the United States Export Administration Regulations or other applicable export restrictions or' embargo. The Services may not be used in any country that is subject to an embargo by the United States and you must not use the Services in violation of any export restriction or embargo by the United States or any other applicable jurisdiction. In addition, you must ensure that the Services are not provided to persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Modifications: We may revise these Terms from time to time by posting the modified version on our website few days prior to the effective date of the modifications being made; provided, however, that no such modification shall include a reduction in your rights or our obligations unless affirmatively agreed to by you in advance. If, in our sole and reasonable discretion, the modifications being proposed are material, we will notify you of such proposed modifications via email to the email address associated with your account. By continuing to access or use the Service after the posted effective date of modifications to these Terms that do not include a reduction in your rights or our obligations hereunder, you agree to be bound by such modifications.
Entire agreement: These Terms constitute the entire agreement between you and Wittybee and govern your use of the Service, superseding any prior agreements between you and Wittybee with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wittybee services, affiliate services, third-party content or third-party software.
Waiver and severability of terms: Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision to the extent legally possible, and the other provisions of these Terms shall remain in full force and effect.
Force majeure: Except for payment obligations, neither Wittybee nor you will be liable for inadequate performance to the extent caused by a condition that is beyond the party's reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions and interruption or failure of the Internet or any utility service.
Statute of limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these Terms are for convenience only and have no legal or contractual effect.