Probooks® Software as a Service
This End-User License Agreement terms (“Agreement”) thoroughly before using the software as a service of Probooks Private Limited (referred to as “Probooks”, “we”, “our”, or “us”). This is a legal agreement between Probooks Private Limited and a person competent to contract under Indian Contract Act, 1872 (“You”, “User” or “Users”) for the Probooks Software as a Service.
By accepting these agreement terms electronically or by any other means like, accessing and/or using the Probooks® Software as a Service, you (assumed a person competent to contract under Indian Contract Act, 1872) agree to the agreement terms and it indicates that you have read, understood and assent to be bound by the terms of this Agreement.
If the person accepting, accessing and/or using the Probooks® software as a service is an individual working for some other person/company as representative (“Agent”), this agent is agreeing to the terms and conditions of this Agreement on behalf of such person/company and represents and warrants to Probooks® that he/she has full authority to enter into this Agreement on behalf of such person/company. If, anyhow you are do not agree to the Agreement terms, you may not use the Probooks® Software as a Service.
This Agreement hereunder read and describes the terms governing the use of Probooks® Software as a Service which may be licensed on a monthly or yearly subscription basis, as offered and selected by you or your agent provided through Probooks® website including all software, cloud, content, platform, forum, information, updates and releases collectively, the “Services” and it includes by reference.
Probooks® Privacy Statement on the website or provided otherwise.
Third parties Terms and Conditions and Additional Terms and Conditions provided.
Any other separate terms provided for the Services, including ordering, downloading, product or program terms, activation and/or payment terms etc.
1) In connection with use of the Probooks® Software Service and as part of the functionality of certain versions of the Probooks® Software as a Service, users may wish to have access to their online account(s) and financial information, including their account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access their financial institution(s) (“Financial Login Data”) and the data made available by their financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between them and the financial institution(s) (“Financial Account Data”).
2) The Probooks® Software as a Service are designed to allow users to access and download their Financial Account Data through the Probooks® Software as a Service, to allow Probooks® to access their financial institution account(s) using their Financial Login Data, to allow Probooks® to download and use their Financial Account Data, and to allow Probooks® to aggregate and combine their Financial Account Data with other data.
3) If users lose or forget their user name or password, it will be necessary for them to return to the appropriate financial institution if they have any problems with respect to that user name or password thereof.
4) Users accept and agree that except as set forth this Agreement, Probooks® has no control over their Financial Login Data and no control over the access to their Financial Account Data, does not guarantee that they will be able to use the Probooks® Software Service with their financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in their inability to use the Probooks® Software Service to access their accounts, obtain data, download transactions, or otherwise use or access their Financial Account Data.
COLLECTION OF INFORMATION, FINANCIAL LOGIN DATA & FINANCIAL ACCOUNT DATA FROM FINANCIAL INSTITUTION WEBSITES
Acknowledge that in accessing their financial institution account(s) through the Probooks® Software as a Service, their Financial Login Data and Financial Account Data may be collected, converted, stored in encrypted form and used by Probooks® in India for the purpose of providing the Probooks® Software as a Service;
Authorize Probooks® to (a) collect and store in encrypted form their Financial Login Data, (b) access the financial institution(s)’ websites using their Financial Login Data, from time to time; (c) download and store their Financial Account Data; (d) re-format and manipulate their Financial Account Data; (e) create and provide hypertext links to their financial institution(s) Financial Account Data; (f) enhance the type of data and services Probooks® can provide to users in the future, and (g) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to their use of the Probooks® Software as a Service;
Hereby represent that the financial institution(s)’ account(s) and Financial Login Data belong to them, they have the right to use the Financial Login Data and Financial Account Data as set out above and that they have the authority to appoint, and hereby expressly do appoint, Probooks® as their agent with all necessary power and authority to use their Financial Login Data and to access and retrieve their Financial Account Data, as described above, on their behalf;
Acknowledge that Probooks® does not review their Financial Account Data and agree that Probooks® is not responsible for its completeness or accuracy;
Acknowledge that any transactions or informational activities performed at any financial institution’s website are not made through the Probooks® Software as a Service and Probooks® assumes no responsibility for any such transactions or activities;
Acknowledge that they are solely responsible for any charges, fees or costs associated with their financial institution account(s) when accessed through the Probooks® Software as a Service by them or by Probooks®;
Some financial institution(s) may not permit Probooks® or other third parties to have access to Financial Login Data or to allow the Probooks® Software as a Service to access their Financial Account Data;
Financial institution(s) may make changes to their websites, with or without notice to them or Probooks®, that may affect the overall performance of the Probooks® Software as a Service and prevent or delay aggregation of data from such websites;
The Probooks® Software as a Service refreshes users Probooks® Software as a Service account data by collecting the Financial Account Data automatically or manually (depending on users’ financial institution(s) or any changes by users that may require an update), so users most recent transactions may not always be reflected in the account balances or other account information presented to users by Probooks® through the Probooks® Software as a Service. If users see a discrepancy in their Probooks® Software Service account data as compared to their Financial Account Data, and in any case before making any transactions or decisions based on such account data presented in the Probooks® Services, users should check the last refresh date for their financial institution account(s) and confirm the accuracy of the Probooks® Software Service account data against their Financial Account Data and manually update such data as necessary.
Users may have the option for Probooks® to transfer their data files from the Probooks® Software Service in order to facilitate certain interoperability, data integration, and data access between the Probooks® Software Service and certain supported ancillary services (the “Ancillary Services”) users may sign up for and use in connection with the Probooks® Software Service (the “Online Data Transfer”).
In order for users to select the Online Data Transfer option, they must;
Have registered selected versions of the Probooks® Software as a Service;
Have Internet access;
Have an active subscription to the Probooks® Software as a Service;
May need to be an active subscriber to the Ancillary Services.
If users select the Online Data Transfer option, a copy of all or part of their company data files will be transferred via the Internet to Probooks® servers; where users grant Probooks® the right and license to:
Host and maintain their data;
Use and transfer their data to the Ancillary Services ;
Re-format and manipulate their data as reasonably necessary for the data to function with the Ancillary Services. Users’ original data files will remain in the Probooks® Software as a Service..
If users sign up for any Ancillary Services that support Online Data Transfer, they will have the option to request that Probooks® send their data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, users authorize Probooks® to transfer their data to and from the third party provider to enable provision of the Ancillary Services to them. Probooks® will support and maintain the data transfer service as part of the Probooks® Software Service. Users agree that the third party provider may transfer users data from the Ancillary Service to Probooks®, and that, Probooks® may use such data subject to the terms of this Agreement. Users accept and acknowledge that Probooks® has no control over any third party provider or any third party Ancillary Services. Users’ use of the Ancillary Service is subject to additional third party terms and conditions. Users hereby further accept and agree that their data, including their financial or personal information, may be transferred to a third party service provider who may be located in a country that does not have adequate security controls to protect their data.
Probooks® shall have the right, in its sole discretion and with reasonable notice posted on the Probooks® site and/or sent to you at the current registered email address provided in the Registration Data, to revise, update, or otherwise modify the Probooks® Software Service and establish or change limits concerning use of the Probooks® Software as a Service, temporarily or permanently, including but not limited to:
The amount of storage space users have on the Probooks® Software Service at any time;
The number of times (and the maximum duration for which) user may access the Probooks® Software as a Service in a given period of time. Probooks® reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide users with electronic or written notice within thirty (30) days after such change. Users may reject changes by discontinuing use of the Probooks® Software as a Service to which such changes relate. Users’ continued use of the Probooks® Software as a Service will constitute their acceptance of an agreement to such changes. Probooks® may, from time to time, perform maintenance upon the Probooks® Software as a Service resulting in interrupted service, delays or errors in the Probooks® Software as a Service. Probooks® will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
The following payment terms and conditions apply on subscriptions, unless Probooks® notifies it in writing otherwise:
All the payments will be billed and collect in (INR) Indian rupees, and your card and/or account will be charged when you provide payment information and subscribe for the Software as a Service.
A valid and acceptable debit card;
A valid and acceptable credit card;
An Indian bank account for an electronic transfer/charge of the dues.
By other payment options like digital Wallet acceptable by Probooks®.
The registration and payment information should be accurate, current, and complete and user should notify us immediately when any such information changes. We may suspend and/or terminate any account/services, if the registration and payment information is not accurate, current and complete.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Probooks® will automatically renew your Software as a Service subscription at the current rates, unless the Software as a Service are terminated or cancelled under this Agreement.
Other additional payment, renewal and cancellation terms may be provided on the Probooks® website for the Software as a Service.
All the refunds, if authorized will be initiated in the original form of payment to Probooks®.
The use of our Software as a Service may be available on compatible mobile devices and may require additional software and internet service. You accept and agree that you will be solely responsible for these requirements and the terms of such service providers.
Probooks® gives no assurance, warranties or any representation, express or implied as to:
Any availability of the telecommunication resources and services from any such service provider and access to the services from any location or at any time;
Any security intrusion, damage and/or loss of the telecommunication services;
Any information disclosure to third parties or not to transmit and convey any information, data, or any setting related and connected with the services.
Users can go through Probooks® Privacy Statement provided on the Probooks® website. You accept and agree to the Probooks® Privacy Statement, and changes published by Probooks®. Users/You accept and agree that as part of the Software as a Service, Probooks® may use and maintain users/your data according to the Probooks® Privacy Statement. Users/You also give permission to Probooks® to aggregate non-personally identifiable data/information which users/you enter and/or upload with that of other users of the Services. This means that Probooks® may use that aggregated data and information to improve Software as a Service, design services promotions and/or compare business practices with other software service users.
Users/You are legally responsible for all their/your content which includes but not limited to any data, information, text, graphics, software and/or other materials (“Content”), which is used through their/your use of the Software as a Service. Users/You grant Probooks® a free worldwide non-exclusive license to host and use the content in order to provide them/you with the Software as a Service. Users/You are advised regularly backup/archive their/your content. Users/You are personally responsible for any content that may be lost and/or un-recoverable through their/your use of the Software as a Service. Users/You accept and agree that they/you will not use the Software as a Service to use any information or data that is not in accordance with the law of India. Any users suspected of having information which involves any activities prohibit by law may have their Software as a Service terminated; data deleted and also may be reported to law enforcement agencies in India. Probooks® is not responsible for any content you submit on Probooks® website.
Users/You accept and agree not to use the Probooks® Software as a Service to publish, up-load, link to, re-produce, transmit and/or engage in any of the following, including but not limited to:
Illegal, in-appropriate and/or objectionable information and/or communication directly or indirectly under any Indian or Foreign Law;
Any content that would impression of someone else and/or falsely represent any identity or characteristics, and/or amount to be a breach of any individual’s privacy;
In any write-up, adverts, solicitations, business opportunities, thread letters, schemes and other un-solicited business communication except as otherwise permitted by Probooks®;
Any virus and/or in any other disruptive and/or harmful application/software and/or data/information.
Any content and which is not legally theirs/yours and may be protected by any intellectual property rights, without permission from the intellectual property holders/owners.
Probooks® will be freely using feedback from the users of Software as a Service. Users/You accept and agree that Probooks® may use such advice, feedback, and request in any way, including modifying of the Software as a Service, marketing means and/or other services. Users/You grant Probooks® a free worldwide non-exclusive license to use the feedback you provide to Probooks® in any manner.
On its sole discretion, Probooks® may monitor users’ content but has no obligation to monitor content on the Software as a Service. Probooks® may disclose any information under any legal obligation to law enforcement agencies, to protect Probooks® or its software as a service users and/or operating the Software as a Service effectively. Probooks®, may post, refuse to post, remove, or refuse to remove, any content entirely or any part thereof, which is in-appropriate, and/or in violation of the terms of this agreement.
Probooks® may tell users about third party products or services, including via the Service. Probooks® may offer products and services on behalf of third parties who are not affiliated with Probooks® (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If users decide to use any Third Party Products or access any Third Party Sites, they are solely responsible for their selection, review of separate product terms, website terms and privacy policies. Probooks® is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Probooks® in any way. Users agree that the third parties, and not Probooks®, are solely responsible for the Third Party Product’s performance (including technical services), the content on their websites and their use or disclosure of users data. Probooks® will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites
Users accept and agree that they will:
Comply with all applicable laws, regulation and ordinances;
Not use the Third Party Products in any manner that would infringe or violate the rights of Probooks® or any other party;
Not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
Probooks® does not give any professional advice under this agreement. Unless specifically included with the other professional services agreement, Probooks® does not provide any professional services or advice. Probooks® recommended users to consult a competent professional when any professional advice/services required.
Probooks® may offer other services to the users and additional fees, terms and conditions may apply.
Communications. Users/You accept and agree that Probooks® may send them/you communication via email or by posting them on websites under any law, any other services and/or third party products/services.
Users/you will manage their/your passwords and accept application updates time to time. Users/You are responsible for managing their/your password(s) securely for the Software as a Service and to contact Probooks® in any case. The Software as a Service may periodically be updated by any means to improve the Software as a Service and users/you agree to receive the updates time to time.
Use of Probooks® Software as a Service and its contents is entirely at your own/users risk. Except as described in this agreement, the Software as a Service are provided “as is.” to the maximum extent permitted by applicable law. Probooks® disclaims all express or implied warranties. Probooks® does not warrant that the services are free from bugs, interruption, errors and secure.
Probooks® disclaims any warranties or re-presentation that use of the Probooks® Software as a Service will ensure compliance with any law, regulations and/or legal obligations.
Notwithstanding, no provision of this agreement shall exclude or limit liability to the extent such exclusion or limitation is prohibited by the applicable laws of India and Probooks® does not intend to exclude or limit liability which cannot be lawfully excluded by contractual agreement of the parties.
The entire liability of Probooks® for all claims relating to this agreement shall be limited to the amount users paid for the services during the twelve (12) months prior to such claim subject to the maximum extent permitted by applicable law.
Any special, incidental, punitive, consequential and/or indirect damages;
Damages due to failure of any telecommunications means, internet, corruption, security, theft and/or loss of data, any virus, bugs, spyware, any loss, revenue or use of any hardware/software that does not meet Probooks® systems requirement. Further, this agreement sets forth the entire liability of Probooks® and users exclusive remedy with respect to the Probooks® services and its use.
Not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
Users/You accept and agree to indemnify and hold Probooks® and its officers harmless from any and all claims, expenses and other liabilities, including reasonable legal fees and costs, arising out of users/your use of the Software as a Service or breach of this Agreement anyway (collectively referred to as “Claims”).
Probooks® reserves the right to amend or change the terms of this Agreement at any time, and all the amendment and changes will be effective as and when posted through the services, on Probooks® website for the Software as a Service or when Probooks® notifies by any other communication means. Probooks® may also change or discontinue the Software as a Service, in its entirety or in parts. User’s continued use of the Probooks® Software as a Service indicates their consent and agreement to the amendments and changes.
Probooks® may terminate a free trial account at any time. Further, Probooks®, in its sole discretion and without notice may immediately terminate this Agreement or suspend the Software as a Service if users fails to comply with any terms of this agreement or if users no longer accept or agree to receive any communication. Upon termination users must stop using the Software as a Service immediately. Any termination of this Agreement shall not affect Probooks® rights to claim and receive any payment due to it and sections 2.2, 3 through 16 will survive and remain in effect for users, even if the Agreement is terminated.
Upon cancellation by users, users will be able to access the Probooks® Software Service only through the end of the subscription term. After the subscription term ends, users will not have any access to the Probooks® Software as a Service. Please request Probooks® on its website to cancel your account. There are no refunds upon cancellation and/or termination of the Probooks® Software as a Service.
This Agreement shall be governed by, subject to and interpreted in accordance with Indian Laws, and any dispute arising relating to this Agreement, or the breach thereof, whether occurring while this Agreement is in effect or thereafter, shall be submitted exclusively to binding arbitration pursuant to the (Indian) Arbitration and Conciliation Act, 1996 by an arbitrator selected in accordance with such Act and agreed to by the parties. The arbitration proceeding shall take place at Chennai, India and shall be conducted in the English language, including notices between the parties. Notices between the parties shall be by certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the recipient party or twelve (12) days after deposit in the mail. If the notice is to Probooks®, it shall be sent to the attention of the Probooks® Legal Department.
This Agreement is written and published in English language and the parties hereby confirm that they have requested that this Agreement and all other related documents to be drafted in English.
This Agreement, including all the Terms, is the entire agreement between users and Probooks® and replaces all other communications, understanding and agreements on this subject matter. If any court of law, having the jurisdiction, rules that any section or part of this Agreement is invalid, that part or section will be removed without affecting the remainder of the Agreement and the remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Users cannot assign or transfer ownership of this Agreement to anyone without written consent of Probooks®. However, Probooks® may assign or transfer it without users consent to (a) any affiliate, (b) a company through a sale of assets or (c) a successor by merger or other means. Further, any assignment in violation of this Section shall be void.