TERMS OF SERVICE AGREEMENT

This service agreement is a legally binding agreement and you are agreeing to enter into this agreement with Betaout By clicking “I Agree” button. All the services provided by and software licensed (including the extensions and/or up gradations) by Betaout is and will be subject to your agreement with the terms as mentioned in this agreement. This agreement will form a legally binding contract between “YOU” (the user of this software as a service ) and Betaout (the provider of services). If you do not agree to these terms, then do not indicate acceptance and do not use the Products provided by Betaout. If you agree to these terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these terms.

REGISTRATION FOR AVAILING SERVICES

You must be registered with Betaout for availing the services rendered or software licensed by Betaout. Currently Betaout give you the option of free registration subject to payment of the respective fee within one month of registration and providing you an option to opt out (As described under the head “OPT OUT”) of this service agreement within one month of registration without payment of any fee if not being satisfied with the services provided. Betaout is further agreeing to refund the fee paid (if you pay the fee with registration) on opting out of agreement within one month of registration.

If you agree to avail the service and/or use the license provided by Betaout, and will not opt out of this agreement within one month of registration, you will be liable to pay the fee as agreed at the time of registration and no refund will be made.

Betaout reserves all right and/or authority to discontinue this OPT-OUT option given to its user after communicating to them at the e-mail address provided by the user at the time of registration or any updated address of the user as maintained and available in the database of Betaout.

Any discounts (by whatever name called) agreed by Betaout at the time of your registration for availing any service or obtaining any license shall be honored by Betaout for the period the discount agreed to, Betaout reserve the right to discontinue the discount offer made by it in between the offer period being advertised by it.

OPT OUT AND REFUNDS

In case of not being satisfied with the services provided by Betaout, you have the option to discontinue the service within 14 days from the date of registration by e-mailing us at support@betaout.com. If you decide to discontinue the services as mentioned before, the fee paid will be refunded. You are further given the option to make the payment after 14 days of registration for availing services and/or taking software license.

Please make sure before signing for annual subscriptions model that refunds are prorated based upon the number of unused months of service that Products were used and charged on without annual discount model.

If your Account is in violation of any of Terms and Conditions, refunds will not be issued.

TERMS OF LICENSING

The license granted by Betaout will give you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You acknowledge that Betaout owns all right, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, Betaout retain all rights in the Products, and no implied licenses are granted to you.

You specifically agree that you will not, nor will you permit another person to sublicense, lease, rent, loan, transfer or distribute any portion of the Products unless given written permission by Betaout; modify, adapt, translate or create derivative works from the Products; decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Product; remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Product. You specifically agree that the license granted shall be used exclusively for the site(s) it has been granted and payment made.

INDEMNIFICATION

Betaout agree to defend and indemnify you from any harm and/or loss caused to you by obtaining service and/or software from Betaout, if any caused and being proved as per the law of the land to the extent of six months or less subscription fee paid by you, and shall not be liable to pay any further amount as indemnification money.

USER INDEMNITY

This indemnity obligation will survive the termination or expiration of your account and these Terms. You agree to defend, indemnify, and hold Betaout, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

  • your use of the Products;
  • your violation of these Terms;
  • your violation of any third party right, including any intellectual property right; or any claim that use of your backup data caused damage to a third party.
THIRD PARTY TRANSACTIONS AND PAYMENT MODE

The Site contains links to other sites. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of every web site that collects your Personal Information. This Policy applies only to information collected by this Site.

Please be aware that what you write in these public messages can be viewed, collected or used by anyone who visits our website. We are not responsible for any personally identifiable information that you submit or permit others to submit through public messages.

During your visit to our site you may elect to engage in a transaction involving the purchase of a product or subscription. To serve you most efficiently, Paypal, credit card transactions and order fulfillment are often handled by a third party processing agent/website/vendor, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as ”perfect security“ on the Internet or offline. Betaout shall not be responsible for the success or security of transactions undertaken or processed by third parties.

Intellectual Property Rights

We respect the intellectual property rights of others, and we ask that our users do the same. We have taken great care to ensure that our site does not violate any intellectual property rights of any person. However, due to the open and dynamic nature of the site if something has found its way that infringes on the above said parameters, then you can notify us by sending an e-mail at copyright@betaout.com providing the proper evidence of infringement of your intellectual property right, after authenticating your claim to our satisfaction we will remove the work as claimed. (No threatening letters necessary). In the same manner you agree to use our service and/or software as per the terms of this agreement for the sole purpose for which the payment being made for availing service and/or software and you agree to avoid any unauthorized use of it by yourself or by any third party in direct/indirect or implied manner.

TERMINATION OF SERVICES

Betaout reserves the discretionary right to modify or discontinue the service and/or software license granted as per this service agreement after giving you an appropriate notice of doing so, at the e-mail address provided by you at the time of registration or as upgraded in Betaout database. If you do not agree to the modification of the services agreed you may request us for discontinuation of the services and refund of equivalent amount (amount most near to the period of unused service), by contacting us at support@betaout.com

LISTING IN ROSTER OF BETAOUT’S CLIENTS

Betaout shall be permitted to list the User and the User’s Web Site(s) on Betaout Web Site and in any of its marketing and advertising as having been developed by the Betaout.

Limited Trademark License

The parties hereby give each other a non-exclusive license to utilize the trademark of the other party, in form reasonably acceptable to the trademark owner, for the purposes set forth above.

DISCLAIMER OF WARRANTIES

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN ”AS IS“ AND ”AS AVAILABLE“ BASIS. BETAOUT, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, BETAOUT , ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

GOVERNING LAW

This Agreement is governed by the law of India (referred in this agreement as law of the land), without giving effect to the principles of conflicts of laws thereof. Your consent to this Agreement includes your consent to jurisdiction and venue in the courts in india. You agree that this service agreement may be subject to export/import laws of the land or any other law as applicable on case to case basis and agree to comply with all the applicable laws.

CHANGES IN TERMS OF THIS AGREEMENT

Betaout reserves the sole and discretionary power to make amendments/change in this service agreement, any renewal of this agreement shall be communicated to you at the e-mail address provided by you at the time of registration or as upgraded in Betaout Database.