Terms of service
As of 1 January 2021
Welcome to Informachine. This page spells out the terms under which you may use the website, and the offline, online and mobile products and services, provided by or in connection with Organyze, a product offered by Informachine Private Limited (IPL).
Please read this Agreement carefully so you understand all its provisions. This agreement is a contract between you and IPL (hereinafter also referred to as licensor). You must read and agree to these terms before using the Product/Service. If you do not agree, you may not use the Product/Service.
1. The IPL product/service
Organyze: IPL offers a Product, Organyze, that enables its users to manage their files and folders both offline and online; to enable text-to-speech, and also speech-to-text; to enable the automatic tagging of files, as well as manual tagging of files and folders with personal or shared tags, along with other means, so as to enable quick retrieval from across a computer’s contents, or from across the contents of a network of computers, the content including text, Word, Excel, PowerPoint, image, video, and other such files; to ensure that selected folders are automatically synchronized between their offline and online states of additions, modifications, and updating; to enable selective sharing of files with other users in the group of Organyze users; to enable backing up one or multiple copies of selected folders in a selected location in the user’s machine or in the local area network, or in the Cloud, with the option to back up several disparate folders or sub-folders from disparate locations in a machine into one single location so as to facilitate quick recovery, among other things.
Organyze does not connect with users once the users download the product and install it. The only interaction may be for using the help facility. However, Organyze retains a connection with users if users decide to use the Organyze space in the Cloud. If users prefer to own or rent their own space in the Cloud, they do not have any connection with Organyze.
Organyze may, from time to time, add or include other features, such as, for example, online chats and video conferencing to provide users with additional means to strengthening their online interactions.
Informachine: In the case of Informachine, the connection is a continual one, where users log on to Informachine to access the links that have been listed there by Informachine, and to access other areas of Informachine, e.g., attach personal labels and shared labels, to chat and communicate with others in their groups, to manage their contacts, and initiate such other actions as to enhance their personal or collective use of the software.
While Informachine takes considerable care and precaution to ensure that no intrusive code breaches the privacy and confidentiality of users and of their information, any such use of the Informachine facilities is at the users’ own risk. It is recommended in all circumstances, and especially since the content from the Web that is accessed by Informachine for use by users is content that has been required to be offered by the users themselves, and from sites chosen by users, that users ensure that their own offline or other systems are protected against viruses, spyware and other malware at all times. It is also recommended that users exercise great care in suggesting new links to Informachine, from which to collect and arrange content for analysis for the provision of useful links to the users.
Organyze Grabber: Regarding the product Organyze Grabber, it is brought to the attention of users that once they have downloaded and installed the software, they do not have any connection with IPL.
Organyze Virtual Office: Organyze Virtual Office is another product from Informachine Private Limited, which enables user organizations to create their own intranet systems based on templates offered by Organyze/IPL.
Organyze/IPL do not connect with users once the users have downloaded the Organyze Virtual Office product and installed it on their on-premises local server or on their private Cloud server or any other Cloud server. If users prefer to own or rent their own space in the Cloud, they do not have any connection with Organyze.
However, Organyze retains a connection with users if users decide to use the Organyze space in the Cloud to run their Organyze Virtual Office.
1.1 Limited License. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Product/Service for your personal, non-commercial use only and as permitted by the features of the Product/Service. IPL reserves all rights not expressly granted herein in the Product/Service. IPL may terminate this license at any time for any reason or no reason.
1.2 Activation Key. IPL shall issue to you a License and Activation Key for each copy of the licensed Organyze software. You are entirely responsible for any and all activities that occur under your account and all charges incurred from use of the copy of the Licensed Software assigned by Serial Number to You. (e.g., maintenance, support or license or subscription fee charges). The Licensed Software shall be deemed accepted upon the delivery of the Activation Key to you by IPL or an Authorized Reseller.
1.3 Third Party Software. The Services included in Organyze and in the Informachine software and service may contain Third Party Software that requires notices and/or additional terms and conditions. Such required Third Party Software notices and/or additional terms and conditions may be requested from IPL and are made a part of and incorporated by reference into the TOS. By accepting the TOS, you are also accepting the additional terms and conditions, if any, set forth therein.
2. Conditions and Limitations
2.1 No Reselling, Time-Sharing, or Sub-Licensing. You shall not license, sub-license, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Product or Services available to any third party, other than as expressly permitted by the TOS.
2.2 No Unlawful Use or Objectionable Content. You shall not use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Product or Services and their components or infringes on the rights of another party. You shall not modify, adapt or hack any protected (encrypted or compiled) parts of the Software, or otherwise attempt to gain unauthorized access to those parts or its related systems or networks.
2.3 Backups. You agree to maintain all appropriate backup of files and data stored on your servers as you see fit.
2.4 Description of Other Rights and Limitations. You shall not (a) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code, in whole or in parts, or authorize any third party to do any of the foregoing (ii) modify, or create derivative works based upon the Product/Software and the Services thereof, in whole or in part; (iii) distribute copies of the Product/Software and the Services; (iv) remove any proprietary notices or labels of your content in the Services content; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights of the Services. IPL reserves any rights in the Services not expressly granted to you in this TOS.
2.5 Intellectual Property Rights: All copyrights, patents, trade secrets, trademarks and any other intellectual property rights in respect to the Product and Services (including but not limited to any images, photographs, animations, video, audio, music, text, and ‘applets’), the accompanying materials (if any), and any copies of the Software, are owned by IPL or its suppliers. Therefore, you must treat it like any other material protected by intellectual property laws.
2.6 Disrepute. You shall not commit any act likely to result in the disrepute or harming of interests of IPL’s name or the name of its third party suppliers, whether through explicit act or omission.
3. Liabilities, warranties and indemnification
3.1 Disclaimer of Warranties. No Warranties. The product and related services, access to the service, the information contained on the service, and the site are provided on an ‘as is’ and ‘as available’ basis without any warranty of any kind, explicit or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3.2 Unauthorized Access; Lost or Corrupt Data. Organyze is not responsible for unauthorized access to any data, facilities, or equipment by anyone using the service or for unauthorized access to or alteration, theft, corruption, loss, or destruction of any data files, programs, procedures, or information through the service, whether by accident, fraudulent means or devices, or any other means. You are solely responsible for validating the accuracy of all output and reports. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software.
3.4 Indemnification. You agree to indemnify, defend, and hold harmless IPL and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including attorneys’ fees, arising out of or relating to: (a) your use of the Product/Service; (b) any content you create, transmit, or display while using the Service; (c) any breach by you of any representations, warranties, or agreements contained in the TOS; (d) any unlicensed use of the Service using your user accounts; and (e) your negligent or willful misconduct.
4. Trademarks and publicity
4.1 Use of Names and Trademarks. While you remain licensed to use the Services, you may use the Informachine, Organyze Grabber, or Organyze Virtual Office names or logos in order to identify yourself as a customer. You shall not otherwise use the Informachine Organyze Grabber, or Organyze Virtual Office name or trademarks, unless written permission is obtained from Informachine Private Limited, or otherwise set out in the TOS.
4.2 Disrepute. You shall not commit any act where the result of which is the likely disrepute or harming of interests of the Informachine or Organyze names or the names of its third party vendors, whether through explicit act or omission.
4.3 Promotional Materials and Publicity. You authorize Organyze to use your name and trademarks in Organyze’s promotional materials and for publicity purposes. You can opt-out at any time by writing a request to Organyze.
5.1 Access to and Disclosure of Your Data. Where you acknowledge and agree that IPL may access, use, and store Your Data for the purpose of (i) providing the Service and (ii) responding to Your requests for technical support and/or providing other services that we have agreed, or may in the future agree, to provide. IPL shall maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of any of Your Data in IPL’s possession. IPL will not disclose any of Your Data in IPL’s possession to a third party unless compelled by law or court order or if you consent in writing to the disclosure.
5.2 Consent to receive email. Your registration to use the Site and/or Services constitutes your consent to receive email communications from Organyze, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence by clicking the "unsubscribe" link found within Organyze emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.
6. Payments, Sales, and Refunds
6.1 Payment of Fees. You must pay all fees by the due dates, failing which your services may be terminated.
6.2 Upgrading, Downgrading, or Switching Solution. The amount you pay per billing cycle is dependent on the Solution selected and the number of User Accounts selected. If you switch to a Solution which costs more or increase the number of User Accounts in the middle of a billing cycle, Informachine will invoice you at that time for the marginally increased amount you owe for that billing cycle. If you switch to a Solution which costs less or decrease the number of User Accounts in the middle of a billing cycle, Organyze will not be required to refund the amount by which you will have overpaid for that billing cycle, but instead will credit that amount towards the subsequent billing cycle(s). To change your Solution or the number of User Accounts, you must, at Organyze’s sole discretion, enter into a new license agreement for the Software on the then-current terms.
6.3 Price Changes. Organyze reserves the right to change prices at any time.
6.4 Credit Card Billing. If you choose to pay by credit or debit card you authorize Organyze to debit your account subscription/renewal fees from Your card. Organyze uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for Organyze. Organyze may use Your information in order to perform fraud screening.
6.5 Refunds. Organyze has no obligation to issue refunds. Any refunds will be made entirely at Organyze’s discretion.
6.6 Taxes. Unless otherwise stated, Organyze’s charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying Taxes except those assessable against Organyze based on its income. Organyze will invoice you for such Taxes if Organyze believes there is a legal obligation for it to do so and you agree to pay such Taxes if so invoiced.
7. Termination and Modification
7.1 Termination by You. You may terminate Your account at any time. Should You wish to terminate Your account with Informachine, You are solely responsible for ensuring that You properly terminate Your account and secure confirmation of account termination from Informachine. If You terminate Your account before the end of Your current paid-up subscription period, Your termination will nevertheless take effect immediately. However you will not be entitled to any refund. You can terminate Your account by writing to Informachine. Informachine will process Your account termination within three working days.
7.2 Termination by Informachine. Informachine reserves the right to (a) modify or discontinue, temporarily or permanently, the Services (or any part thereof) and (b) refuse any and all current and future use of the Services, suspend or terminate Your account (any part thereof) or use of the Services and remove and discard any of Your content in the Services, for any reason, including without limitation if Informachine believes that You have violated the TOS. Informachine will use reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Informachine shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service. Informachine will not refund any amounts to You if Informachine terminates Your access to the Services due to Your violation of the TOS.
7.3 Changes and Amendments. Informachine may change the TOS at any time and from time to time without prior notice. Ultimately, it is Your responsibility to keep track of changes to the TOS. Changes to the TOS will be effective immediately, and Your continued used of the Service will constitute acceptance of those changes. You agree that Informachine shall not be liable to You or to any third party for any modification of the Service and/or the TOS.
8.1 Assignment. You may not assign Your account with Informachine or Your rights under the TOS without Informachine’s prior written consent, except in the case of a sale of all or substantially all of Your assets. Informachine may assign, in whole or in part, your rights, interests, and obligations hereunder without limitation.
8.2 Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
8.3 Enforcement. The failure of Informachine to exercise or enforce any right or provision of the TOS shall not be a waiver of that right. No provision in the TOS shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
8.4 Severability. Any provision of the TOS that shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provision of the TOS, and such other provisions shall remain in full force and effect.
8.5 Notices. You agree that Informachine may provide You with notices, including without limitation those regarding changes to the TOS, by e-mail, regular mail, or messages or postings through the Services.
8.6 Complete Understanding. The TOS, as may be amended from time to time, as provided, constitute the entire agreement between You and Informachine and govern Your use of the Services, superseding any prior agreements between You and Informachine for the use of the Services.
8.7. No Third-Party Beneficiaries. Nothing express or implied in the TOS is intended to confer, nor shall confer, upon any person or entity other than the parties and their respective successors or assigns any rights, remedies, obligations, or liabilities whatsoever.
Any dispute arising from these terms of service shall submit to the jurisdiction of the Bombay High Court, Mumbai.