Terms of Use

ACCEPTANCE OF TERMS

1. Please read these terms and conditions carefully. By creating an account, accessing, or using the App, you signify that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the App. If you do not agree with all of the use requirements and restrictions described herein, do not use and/or access the App or our Services (defined below).
2. You must be at least 18 years old or the minimum age required in your country to consent to use the App. By using the App and/or Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the App and/or Services, we will terminate such user’s account.
3. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind such business or entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the App and/or Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
4. You understand that the Terms are subject to change without intimation and you shall be required to review the same regularly. Therefore, you agree that you will periodically review these Terms from time-to-time to understand the terms and conditions that apply to your access or use of the App and/or Services. If you do not agree to these Terms or to any changed/amended/modified version of the Terms, your sole recourse is to terminate your use of the App, in which case you will no longer have access to the App, including any account you might have created. Except as otherwise expressly stated, any use of the App and/or the Services, is subject to the version of the Terms in effect at the time of use.

DESCRIPTION OF SERVICE

9. Powersoft owns and operates the App to provide services towards task management and act as a work flow coordinating software for professionals in the real estate industry (“Service” or “Services”).
10. You may use the Services for your personal and business use or for internal business purpose in the organization that you represent.

USER ACCOUNTS

1. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our service.
2. You are responsible for safeguarding the password and/or a one-time password (“OTP”) that you use to access the App, please ensure that you do not disclose it to any third party. If you know or suspect that any third party knows your password and/or OTP or has accessed your account, you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account at: Legal@powersoft.in and for any activities or actions under your password and/or OTP. You agree not to disclose your password and/or OTP to any third party.
3. If you no longer want to use our Services or access the App again, and would like your account deleted, contact us at: [•]. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you had added.
4. If you are a user with several accounts, and you breach any of the terms or conditions set forth in these Terms, we may, at our sole discretion, suspend or terminate all of your accounts. If you are in arrears in payment of any of your accounts, we may recover any amounts outstanding on any of your accounts from any of your other accounts that may have credit balances.

USER COMMUNICATIONS

When you use the App or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

USER CONTENT

1. The App allows you to create tasks, post text, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the App, including its legality, reliability, and appropriateness.
2. By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the App and our business.
3. You represent and warrant that the User Content you post is your own or that you have the necessary rights and permissions to post it.

PROHIBITED USES

You may use the App only for lawful purposes and in accordance with the Terms. You agree not to use the App as follows:

1. In any way that violates any applicable national or international law or regulation, and/or to use the App or the Services for anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
2. To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm us or users of the App or expose them to liability.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
4. To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity.
5. To knowingly introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. To modify, translate, create derivative works of, or reverse engineer our products or their components.

INTELLECTUAL PROPERTY

1. The App and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Powersoft and its licensors. The App is protected by copyright, trademark, and other laws of both India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
2. Powersoft, its suppliers and licensors, expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the App. Access to or use of the App does not confer and should not be considered as conferring upon anyone any license, sub-license to Powersoft and/or the App’s intellectual property rights. All rights, including copyright, in and to the App are owned by or licensed to Powersoft. Any use of the App or its contents, including copying or storing it or them in whole or part is prohibited.
3. We do not claim ownership of your content, but you grant us a licence to use the User Content on the App. You hereby grant to us a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This licence will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account by intimating our team at legal@powersoft.in.
4. To learn more about how we use information, and how to control or delete your information, review the Privacy Policy.

TERMINATION

1. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the App will cease immediately.
2. If you wish to terminate your account, you may simply discontinue using the App.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of the App is at your sole risk, and that the App is provided on an “AS IS” and “AS AVAILABLE” basis. Powersoft disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance. Powersoft does not warrant that the functionality or operation of the App will be uninterrupted, secure, or free from error, that any defects in the App will be corrected.

LIMITATION OF LIABILITY

1. In no event shall Powersoft, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, or for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with the App, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised or are otherwise aware of the possibility of such damages.
2. Without limiting the generality of the foregoing, we may provide third party content on the App and may provide links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third Party Content or third party web sites. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any Third Party Content. Your use such Third Party Content contained therein at your own risk.

REPRESENTATION AND WARRANTY; INDEMNITY

1. You represent and warrant that you will:
   1. comply with all of your wireless carrier’s terms and conditions;
   2. not breach any of the terms set forth in these Terms;
   3. ensure the accuracy and truthfulness of all information you provide to the App for using the Services on the App or otherwise; and
   4. ensure that no information you upload to the App shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
2. Powersoft expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the App.
3. You agree to indemnify and hold Powersoft and their related parties harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against us or our related parties, whether successful or not, resulting from, arising in connection with or relating to:
   1. your breach of any term of these Terms or any policy or guidelines referred to in it;
   2. your use or misuse of the App;
   3. the breach of any of your representations and warranties.
4. We hold no responsibility whatsoever for the information and/or content shared by the you on the App.

SEVERABILITY

Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.

GOVERNING LAW AND JURISDICTION

Any controversy or claim arising out of or relating to the Terms, and all matters relating to your access to, or use of the App shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.

NO WAIVER

1. Powersoft reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms.
2. Powersoft’s failure to enforce any right or provision of these Terms in every instance in which it is entitled, will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in full force and effect.

GENERAL

1. Relationship of the Parties:
   You acknowledge and agree that nothing in these Terms, including, but not limited to, registration with our App, constitutes an employment agreement or creates or acknowledges an employment relationship between you and Powersoft or constitute a partnership, joint venture or participation in a joint undertaking.
2. Notices:
   Notices by you to Powersoft hereunder shall be invalid unless made in writing to the following email address: legal@powersoft.in. Notices by us to you may be made in any manner we deem appropriate in our sole discretion. Notices by you to Powersoft hereunder shall be invalid unless made in writing to the following email address: legal@powersoft.in. Notices by us to you may be made in any manner we deem appropriate in our sole discretion.
3. Assignment and Delegation:
   You cannot transfer your account or assign any of your rights or delegate any of your duties under these Terms. Powersoft may freely transfer, assign or delegate the Terms or its rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
4. Headings:
   The headings used in these Terms are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.
5. Prevailing Language:
   The English language version of these Terms shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

CONTACT US

If you have any questions or concerns regarding these Terms, please contact us at:
E-mail: info@powersoft.in
Website: https://www.powersoft.in
Mailing Address
Powersoft IT Pvt Ltd 7th Floor, Akruti Trade Centre, Road No. 7, MIDC, Andheri – East Mumbai Suburban, Maharashtra, 400093