Yaanal is the author and publisher of the internet resource www.yaanal.com. Yaanal owns and operates the services provided through its website. Please read the following carefully before accepting the Terms and accessing/ using/ or registering for the Yaanal Website and its services.
1. NATURE AND APPLICABILITY OF THE TERMS
By creating an account on the Yaanal website as an Authorized user or accessing/ using the Yaanal platform or website (www.yaanal.com), you need to accept these Terms of Service and acknowledge that you, on your own behalf as an individual and/or on behalf of your employer or another legal entity (collectively, “you” or “your”), have read and understood and agree to comply with these Terms, and are entering into a binding legal agreement with Yaanal.
The Services may change from time to time, at the sole discretion of Yaanal, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. If you have any questions about any part of the Agreement, contact us at contact@datayaan.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service, and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail yourself of the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the rights to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing you should read the Agreement at regular intervals. The user of the website is requested to follow the modified policy of the agreement and bound by the modified agreement and its terms.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any services.
2. USE OF APPLICATION SERVICES
2.1 Service: Use of this Application services, subject to the terms of this Agreement, Yaanal permits the users with limited access which are non-exclusive - exclusive, non – transferable right to access and use the Application services solely for Customer’s internal business purposes and not for resale or further distribution.
Customer’s right to access and use the Application Services shall be limited to the Subscription Plan for the Application Services purchased by Customer and all terms and conditions herein. Except for the rights expressly granted to Customer in this Agreement, Yaanal and its licensors retain all right, title and interest in and to the Application Services, including all related rights protected by applicable intellectual property laws.
2.2 Site: The Site www.yaanal.com is intended to provide you with information about Yaanal web and its products and services to enable the users to purchase the subscription to the Platform and provide subscribers with a web portal to access the Platform and/or download the Applications, if any.
2.3 Authorized Users: Subject to the limits of the Subscription Plan, Yaanal may allow its Authorized Users to access and use the Application Services, provided Customer shall be responsible for its Authorized Users in compliance with Customer’s obligations under the terms of the Agreement.
The user can access the Website and the Services will be solely at the discretion of Yaanal.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including
but not limited to:
1. The Indian Contract Act, 1872,
2. The (Indian) Information Technology Act, 2000
3. The rules, regulations, guidelines and clarifications framed there under, including the (Indian)
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information)
Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines)
Rules, 2011 (the “IG Rules”).
3. CONDITIONS OF USE
The user must be 18 years of age or older to register, use the services, or visit or use the website in any manner. By registering, visiting, and using the Website or accepting this Agreement, you represent and warrant to Yaanal that you are 18 years of age or older, and that you have the right, authority and capacity to use the website and the Services available through the website, and agree to and abide by this Agreement.
4. LICENSE TO APPLICATIONS
Customer shall use the Yaanal Applications and its services only in compliance with all applicable laws
including any applicable data protection and privacy laws, and the terms of this Agreement. Customer
shall not and shall not permit or authorize any third party to:
(i) copy, rent, sell, lease,
sublicense,
distribute, assign, or otherwise transfer or encumber rights to the Application Services, or use the
Application Services for the benefit of any third party, or make the Application Services available to
anyone other than its Authorized Users
(ii) use the Application Services to send spam or otherwise
duplicative or unsolicited messages in violation of applicable laws, or to process, send or store
Prohibited Information, infringing or unlawful material, viruses, worms, time bombs, Trojan horses or
other harmful or malicious code, files, scripts, agents or programs
(iii) circumvent or disable any
digital rights management, usage rules, or other security features of the Application Services, or
otherwise attempt to gain unauthorized access to, or disrupt the integrity or performance of, the
Application Services or the data contained therein
(iv) modify, copy, translate, enhance,
decompile,
disassemble, reverse engineer or create derivative works based on the Application Services, or any
portion thereof
(v) access or use the Application Services for the purpose of building a
competitive
product or service or copying its features or user interface
(vi) remove, alter, or obscure any
copyright, trademark or other proprietary notices appearing in or on the Application Services or
(vii)
use the Application Services in a manner that overburdens, or that threatens the integrity, performance,
or availability of, the Application Services.
5. SUBSCRIPTION PLAN
Subject to your compliance with these Terms as an Authorized User, Yaanal hereby grants you a license to
use a version of the Platform with the features described on the Site (“Subscription”) to access and use
the Platform during the Subscription Period (as defined below). An “Authorized User” means an employee
or representative of your organization who has been supplied with a single user identification and
password to access and use the Platform on his/her behalf or on behalf of his/her organization. As a
part of the subscription plan, we offer monthly subscriptions to the user. Your use of the Platform
shall be permitted only by your organization's employees by submitting a request to
contact@datayaan.com indicating the names, business email
addresses, primary locations, and related
registration information that may be requested of the person intended as the Authorized Users. No other
use of the Platform not specified in these Terms, including use by any other employees, agents,
contractors, consultants, representatives, personnel or other parties or individuals of or on behalf of
your Organization or its affiliates or subsidiaries, shall be permitted. Yaanal shall provide you, for
each Authorized User, a user name and password for logging into the Platform, following which use of the
Platform by each Authorized User shall be enabled.
Free Services: Yaanal offers free
Subscription Plans
for no fees but which have limited features, functionality, and volume tiers for the Application
Services. Yaanal may modify the free Subscription Plans at any time at its sole discretion or
discontinue them entirely without prior notice to Customer.
5.1 PAYMENT TERMS
Billing Terms: Subscription Plans are billed in advance of their respective
terms
and automatically renew at the end of their respective terms for an equivalent term, or as otherwise
stated in the Order Form, unless Customer chooses not to renew such plan by writing to Yaanal at
(Subscription plan renewal to respected mail id – contact@datayaan.com) or Yaanal may terminate the
Agreement.
6. USER SUBMISSION
6.1 Responsibility: The Site may permit the publishing of certain data, information or content by the user and other users (“User Submissions”). The user should understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. The user shall be solely responsible for their own User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish the User Submissions and we reserve the right in our sole discretion and without further notice to the user, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions posted on the Site at any time and for any reason.
6.2 Ownership: You, as an Authorized User, represent and warrant that you own or have the necessary rights and permissions to use, and authorize Yaanal to use, all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, title and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
6.3 License to User Submissions: By submitting the User Submissions to Yaanal, you hereby grant Yaanal a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Yaanal’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
7. THIRD PARTY INTEGRATIONS
The Application Services or Documentation may display, contain links to, or connect with third-party products, services, and websites (collectively, “Third-Party Services”). Any statements, services, offers, or other information that constitutes part of the Third-Party Services made available by other users or other third parties on the Application Services or Yaanal Sites or which are accessible through or may be located using the Application Services are those of the respective authors or producers and not of Yaanal or its stockholders, directors, officers, employees, agents, or representatives. Yaanal does not control Third-Party Services and does not guarantee the accuracy, integrity or quality of such Third-Party Services. Third-Party Services are governed solely by the terms and conditions of those Third-Party Services and Yaanal is not responsible for the performance of and does not endorse any Third-Party Services or any information or materials advertised in any Third-Party Services. Yaanal is not responsible or liable, directly or indirectly, for any damage or loss caused to Customer by Customer’s use of or reliance on any Third-Party Services. The Customer is responsible for evaluating the Customer’s responsibility to evaluate the information, opinion, advice, or other services available on and through the Application Services.
Yaanal does not provide the equipment required to access the Application Services. Customer is responsible for all fees charged by third parties related to Customer’s access and use of the Application Services (e.g., charges by Internet service providers).
8. LIMITATION OF LIABILITY
Yaanal and its suppliers and licensors will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from customer’s use of the application services or Yaanal’s provision of any other services. Under no circumstances will the total liability of Yaanal and its suppliers and licensors of all kinds arising out of or related to the customer’s use of the application services (including but not limited to warranty claims) or Yaanal’s provision of any other services, regardless of the forum and regardless of whether any action or claim is based on contract, tort, negligence or otherwise, exceed the amounts, if any, that customer has paid to Yaanal for customer’s use of the application services for the twelve (12) month period before the claim.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Site, Platform and Applications: The Platform, Site and the Applications, including all Content contained or displayed on the Site (excluding User Submissions), Applications or Platform, are the property of Yaanal and may be protected by applicable copyright or other intellectual property laws and treaties. Title and full, exclusive ownership rights in the Site, Platform and Applications (and all parts of either, including the Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data related to your usage of the Site (excluding User Submissions), Applications and Platform, are Yaanal’s intellectual property, and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to Yaanal (or its third-party providers). “Yaanal”, the Yaanal logo, and other marks are Marks of Yaanal or its affiliates. All other trademarks and logos used on the Site, Applications or Platform are the trademarks, Platform marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Platform, Applications, Site and the Content.
9.2 Feedback: It is anticipated that you, as an Authorized User or a Site visitor, may provide suggestions, comments or other feedback to the Yaanal Platform and/or the Site (“Feedback”). Feedback shall be deemed the sole property of Yaanal. Without derogating from the above, Yaanal will be free to adopt such Feedback for any of its products or Platforms, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You and your Organization hereby waive any right to the Feedback, including but limited to, moral rights and any right for royalties or any other consideration. Without derogating from the above, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any information and/or content that you post, disclose, publish or otherwise make available in the course of Yaanal’s webinars, customer forums/blogs, community forums/blogs or any other similar event or venue, including without limitation for publishing and redistributing part or all of such information and/or content (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in such information and/or content, to the extent permitted by law.
10. CONTACT INFORMATION
10.1 If a User has any questions concerning Yaanal, the Website, this Agreement, the Services, or anything related to any of the foregoing, Yaanal customer support can be reached at the following email address – contact@datayaan.com or via the contact information available from the following hyperlink: www.yaanal.com
10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have
any grievance with respect to the Website or the service, including any discrepancies and grievances
with respect to processing of information, you can contact our Grievance Officer at:
Datayaan Solutions Private Limited,
Agaram, SDF –1, MEPZ-SEZ,
Tamabaram, Chennai 600 045
TamilNadu
India
Ph: 044 2227 1400
Contact@datayaan.com
In the event you suffer as a result of access or usage of our Website by any person in violation of Rule
3 of the IG Rules, please address your grievance to the above person.