These terms and conditions ("Terms"), constitute a legal agreement between You (an entity or person) (“You”) and Pearrity Private Limited (“Company”, “We” or “Us” and their connotations), that governs Your limited, non-exclusive, terminable right to use the website (URL: www.mantys.io/) and SaaS platform (URL: www.mantys.in) and the services offered by the Company (collectively, the “Platform”).
The Platform is intended to keep your personal data safe. The privacy policy available here (“Privacy Policy”) should be read with and construed as a part of these Terms.
In order to visit, use, register on the Platform or Services, you are required to be and affirm that you are more than 18 years of age, and are fully able and legally competent to enter into and be bound by these Terms, and the representations, covenants, warranties, and undertakings set out herein. Such use of the Platform or Services constitutes Your acceptance of these Terms, as may be modified.
Our Services
The Platform is intended to enable our Clients and their Users to aggregate data from various sources to enable better business planning and analysis, and support business needs (“Services”). The Services provided on our Platform are “as-is” consumer services, and merely enable access to third-party sources and tools to collect, aggregate, and present data and insights to aid companies in making data-backed decisions. As part of the Service, we may provide you with convenient links to such third party sources, tools or website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (“Third Party Content”). The Third Party Content is provided subject to the agreement/s of the Client with such third parties. We do not endorse and have no control over Third Party Sites or Third Party Content, or the data, materials, information, goods or services available on such Third Party Sites or Third Party Content. We do not monitor, verify, or assess the Third Party Sites and Third Party Content for stability, accuracy, or appropriateness, and we are not responsible for any downtime, failures, damages, losses, errors, or other issues arising from or attributable to such Third Party Sites or Third Party Content, including their content, accuracy, offensiveness, opinions, reliability, practices or other policies of or contained in the Third Party Sites or Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any Third Party Content.
Accounts
The Platform provides for access and usage as a “User”, meaning an employee, consultant, or authorised contractor of a client of the Company (“Client”), or as an “Admin”, meaning a representative of the Client authorised to manage and administrate the Users’ accounts.
Users and Admins can be registered on the Platform and avail the Services by creating an account. While registering on the Platform, You are required to provide Us with certain information about yourself. You hereby agree to provide Us with accurate information and to keep that information accurate and up-to-date at all times.
Usage
You agree not to (i) resell; (ii) modify, reverse engineer, decompile or disassemble; or (iii) copy, adapt, alter, modify, translate, or create derivative works of, or any part of, the Platform or Service.
You may not use the Platform or Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes on the rights or intellectual property of others. You will not and will not permit individuals other than Users or Admins to use the Platform or Service, including but not limited to shared use via a network connection.
You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the access or use of Platform or Service. You agree that you shall not, and shall not attempt to use any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, the Platform or Service.
You are required to have a laptop or desktop, internet access, and minimum specifications to avail the Services provided on the Platform. The Company reserves the right to change the Software Requirements for the Platform as it deems necessary. The Company shall not be liable for any outage, error, delay, or other issues owing to any hardware, software, or any telecommunication network.
Security
A registered User or Admin account shall not be used by more than one (1) individual at a time (“Authorized User(s)”). By accessing or using the Platform or Services as an Authorised User, you hereby give your consent to the collection, storing, and use of your information, to the extent deemed necessary for the provision of the Services. However, You shall be solely and fully responsible for maintaining the confidentiality of your account information, including your account password. You are advised to and agree to take steps to ensure that others are unable to gain unauthorized access to your account. You agree that you are responsible for all activities that occur in connection with your account. If you suspect that any unauthorized party is using your account, You agree to notify us immediately at info@mantys.io. Further, You shall not transfer your account to anyone without informing the Company. We reserve the right to immediately suspend, terminate or otherwise limit access to your account in the event of any failure to observe these terms and/or subject to the termination, expiry, non-performance, breach or default of the terms of our agreement with the Client.
Restrictions
Company hereby grants You the limited right to access, view and use the Platform only for the purposes of the Services. Any rights not expressly granted herein are reserved to the Company.
You must comply with the laws that apply to You in the location that You access the Company’s Platform from. If any laws applicable to You restrict or prohibit You from using the Platform, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. You affirm that all the information you provide to the Company on accessing and/or using the Services is and shall remain true, accurate and complete at all times.
Notwithstanding anything, You are specifically restricted from all of the following:
Certain areas of this Platform are restricted from being accessed by you and we may further restrict access by You to any areas of this Platform, at any time, in absolute discretion. Any user ID and password you may have for this Platform are confidential and you must maintain confidentiality as well.
User Content
In these Terms, “User Content” shall mean and include any personal data, including but not limited to your name, email, contact information, account password, and other information provided by you or the Client on the Platform.
You represent that all User Content provided by You is accurate, complete, up-to-date, and in compliance with any and all applicable laws, rules and regulations. User Content must be your own and must not be invading any third-party's rights (including any proprietary and intellectual property rights). We reserve the right to remove any User Content from this Platform at any time without notice without incurring any liability thereof, including but not limited to loss of data.
Intellectual Property Rights
These are the Terms for access to the Platform and use of the Services. You acknowledge that You are obtaining only a limited right to use the Platform and the Services, and that irrespective of any use of the words “purchase”, “sale” or like terms no ownership rights are being conveyed to the User under these terms. You acknowledge and agree that We and the relevant third parties retain ownership of all their intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. The User agrees that the Company or its suppliers retain all right, title and interest in and to the Services, all documentation, services deliverables, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback (collectively, “Pearrity Technology”). Except as expressly set forth in these terms, no rights in any Pearrity Technology are granted to the Client or User.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing Us at [info@mantys.io] or through the chat support feature in our mobile application. You acknowledge and agree that all Feedback will be the sole and exclusive property of the Company and, We may freely use the Feedback in connection with any of our products or services without the need to pay compensation for any use of such Feedback.
Orders
The Users agree to pay all applicable fees for availing the Services from the Platform and, as described in the applicable Services pages, and any related taxes or additional charges.
The specifications, subscriptions and prices described on the Platform are subject to change at any time without notice. Prices do not include any tax, value added tax or other governmental charge or assessment on the sale, shipment, production or use of any Services hereunder.
Disclaimer
THIS PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS,” BASIS. THE COMPANY, ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS, STATUTORY OR IMPLIED) AS TO THE OPERATION OF THE PLATFORM, PROVISION OF SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PLATFORM, OR IN ASSOCIATION WITH THE SERVICES OR ANY THIRD-PARTY WEBSITES OR SERVICES. THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY UNETHICAL, ILLEGAL ACTS PERFORMED BY THE USERS AND THE ACTION OF EACH OF THE USERS SHALL BE THEIR OWN RESPONSIBILITY SOLELY.
The Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality of service and fitness for a particular purpose and shall not be responsible for any loss of data, loss of profits or any kind of misuse (statutory or otherwise) by any of its Users individually or during their interaction with each other.
You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While we endeavor to create a secure and reliable Platform and Service, please be advised that the confidentiality of any communication or material transmitted over the Internet cannot be guaranteed. We are not responsible for the security of any information transmitted via the internet, the accuracy of the information contained on the Platform, or for the consequences of any reliance on such information. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
If you are a California resident, you specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
Limitation of liability
In no event shall the Company, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Platform and the Services, whether such liability is under contract or tort. The Company, including its officers, directors and employees shall not be held liable for any indirect, incidental, consequential or special liability arising out of or in any way related to your use of the Platform and the Services even if informed of the possibility of such damages in advance. In no event shall the Company’s liability (including that of its officers, directors, employees, agents, partners) under or in connection with these Terms, the Platform and the Services, exceed the total amount paid by You to purchase the Services.
Indemnification
You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Platform or Services, use of your account by any third party, your violation of these Terms, or any infringement by you or any third party using your account.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
The Company is permitted to revise these Terms at any time as it sees fit, and by using this Platform You are expected to review these Terms on a regular basis. Your continued use of the Services following any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of the Services going forward.
Assignment
The Company may assign, transfer, and subcontract its rights and/or obligations under these Terms. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms read along with our Privacy Policy constitute the entire agreement between the Company and You in relation to your use of this Platform, and supersede all prior agreements and understandings.
Termination
Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.
You may also terminate your agreement with Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
Governing Law & Jurisdiction
This Agreement will be governed by the laws of India without regard to conflicts of law provisions thereof. All disputes relating to or arising out of this Agreement shall be resolved in a court of competent jurisdiction located in Bengaluru, Karnataka, and the parties hereby consent to the jurisdiction of such court.
Contact
If you have any questions about these Terms, please contact us by email at the following address:
Name: Pearrity Private Limited
E-mail ID: info@mantys.io
