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Last Updated: April 24th, 2020.

Continuity 1 Technologies Private Limited C1  is (“C1,” “we,” or “us”) and our website at continuity1.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”).

 

Please read the following terms carefully

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING C1’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES C1 MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND C1’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY C1 AND BY YOU TO BE BOUND BY THESE TERMS.

 

Please read the Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

 

1. Service

C1 provides information technology consulting and information technology enabled services to its customers.

 

2. Your Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

 

3. Accounts and Registration

To access most features of the Service, you must provide us with some information about yourself, such as but not limited to your name, email address, other contact information, billing related information and some other business information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

 

4. General Payment Terms

Various features of the Service will require you to pay fees. Fees vary based on the plan, with different pricing and feature schemes.

 

4.1 Price

C1 reserves the right to determine pricing for the Service. C1 may change the fees for any feature of the Service, including additional fees or charges. C1, at its sole discretion, may make promotional offers with different features and different pricing to any of C1’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

 

4.2 Authorization

You authorize C1 to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by C1, to the payment method specified in your account. If you pay any fees with a credit card or UPI, C1 may seek pre-authorization prior to your purchase to verify that the payment account is valid and has the necessary funds or credit available to cover your purchase.

 

4.3 Subscription and Cancellation

The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize C1 to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).

 

4.4 Delinquent Accounts

C1 may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

4.5 Refunds & Cancellations

In case of requesting for a refund, a request for the same should be sent to support@continuity1.com. C1 will review the request and make a decision at its discretion.

 

In case of cancellation, a request needs to be sent to support@continuity1.com. 

 

5. Licenses

 

5.1 Permission to Use

Subject to your complete and ongoing compliance with these Terms, C1 grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.

 

5.2 Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party.

 

5.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant C1 an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

 

6. Ownership; Proprietary Rights

The Service is owned and operated by C1. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by C1 are protected by intellectual property and other laws. All Materials included in the Service are the property of C1 or its third party licensors. Except as expressly authorized by Continuity 1 Technologies Private Limited, you may not make use of the Materials. C1 reserves all rights to the Materials not granted expressly in these Terms.

 

7. Third Party Terms

 

7.1 Third Party Services and Linked Websites

C1 may provide tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on C1 with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that C1 may transfer that information to and from the applicable third party service. Third party services are not under C1’s control, and C1 is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under C1’s control, and C1 is not responsible for their content.

 

7.2 Third Party Software

The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

 

8. User Content

 

8.1 User Content Generally

Certain requirements of the Service may permit users to provide content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.

 

8.2 Limited License Grant to Other Users

By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

 

8.3 User Content Representations and Warranties

C1 disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize C1 and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by C1, the Service, and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause C1 to violate any law or regulation; and

c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment

The following serves as a guide to help illustrate generally the types of content that fall within the scope of C1’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and C1 may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which C1’s Services integrate or interoperate.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm.

A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.

Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.

 

8.5 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. C1 may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against C1 with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, C1 does not permit copyright-infringing activities on the Service.

 

9. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

use the Service for any illegal purpose or in violation of any local, state, national, or international law;

violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;

modify or create derivatives of any part of the Service;

interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of C1 systems or networks, or any systems or networks connected to the Service or C1;

sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or

 

10. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service.

 

11. Term, Termination and Modification of the Service

 

11.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service.

 

11.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, C1 may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at support@C1.com.

 

11.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay C1 any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 12, 13, 14, 15 and 16 will survive.

 

11.4 Modification of the Service

C1 reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. C1 will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Any service fees are not refundable.

 

12. Indemnity

You are responsible for your use of the Service, and you will defend and indemnify C1 and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “C1 Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. C1 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. C1 DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND C1 DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR C1 ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE C1 ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

HOWEVER, C1 DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT C1 IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

 

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE C1 ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY C1 ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 15.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE C1 ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO C1 OR C1 FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $25.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

15. Dispute Resolution

You and C1 agree that every dispute arising in connection with these Terms will be resolved by the governing laws of Indian and the State of Maharashtra. All disputes will be subject to Jurisdiction of Courts at Pune alone.

 

16. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and C1 regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

16.1 Governing Law

These Terms are governed by the laws of India. You and C1 submit to the personal and exclusive jurisdiction of the courts located within Pune, Maharashtra for resolution of any lawsuit or court proceeding permitted under these Terms.

 

16.2 Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

16.3 Contact Information

The Service is offered by C1. located at 91Springbaord, Creaticity, Pune, India 411006. You may contact us by sending correspondence to that address or by emailing us at legal@contintuiy1.com.

 

16.4 International Use

Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

 

16.5. Force Majeure

Except for the obligation related to payment of Charges due to C1, neither you or C1 will be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God, government actions, war, civil disturbance, insurrection, sabotage, shortage of energy, or equipment, disruption of communication network/(s) or cloud storage facilities (hereinafter referred to as the “Force Majeure Event”). Provided however, that if a Force Majeure Event occurs, the affected party will, as soon as practicable:

(i) notify the other party of the happening of the Force Majeure Event and its impact on the performance of the obligations of the affected party under this Agreement; and

(ii) use all reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations hereunder.

 

17. Advertising

Unless you specifically withdraw your consent to this clause by sending an email at legal@continuity1.com, you hereby acknowledge and consent to C1 making use of any of your marks, logos and trade names to identify you as C1’s customer on C1’s Site and/or Service, in addition to any other marketing material. You can withdraw your consent according to this article at any time.

 

18. Data Retention

C1 commits to securely storing your data during your Subscription Term and in accordance with your Subscription Plan’s timeframes. All data exceeding the stated timeframe will be routinely and permanently deleted from our systems.

You expressly acknowledge and accept that C1 does not provide any archiving or backup services, and may delete Data that is no longer in use and exceeds the timeframes stipulated in the applicable Subscription Plan. C1 expressly disclaims all obligations with respect to archiving, storage and backup of Data.

19. Beta Services

C1 may from time to time make available to its Customers, several Services which are in the beta. C1 will clearly highlight beta features in its Services to clearly differentiate them from the rest of the features. If you wish to use such beta Services, this Clause will govern the use of such beta Services.

C1 grants Customer a non-exclusive, non-transferable right to use the beta Services for a period designated by C1 for the purpose of testing and evaluation of such beta Service by providing C1 with early feedback on the performance of beta Service, identification of any defects, reporting of any bugs, usability of beta Service, and ideas for improvement of beta Services.

It is hereby clarified that the beta Services may contain bugs, errors, omissions, and other problems; and C1 will not provide any support and maintenance for its beta Services. Customer hereby understands and accepts that any risk or damages arising out of the use or performance of beta Services will be Customer’s responsibility.

The beta Services may not operate correctly and may be substantially modified prior to first commercial availability or may be withdrawn at any time. Although C1 will make best possible efforts to intimate users of beta Services about any modification or termination of the beta Services ahead of time, C1 reserves the right to modify or terminate the beta Services and your access to the beta Services for any reason, without notice, at any time, and without any liability to you. Once the beta Services are terminated, C1 will not be obliged to provide continued access to data collected during the testing period.

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