Terms of Service
This Agreement is made, entered into and executed at New Delhi, India on current date.
Innocode Ventures (hereinafter referred to as “Innocode”) AND Yourself (hereinafter referred to as “User”);
WHEREAS the Innocode offers various software products and/or services; AND WHEREAS the User wish to avail Products and/or Services offered by Innocode;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Innocode and the Users, intending to be legally bound, hereby agree as follows:
(a) “Account” means the account created upon registration at Innocode, includes demo registration;
(c) “Content” means all information, data, text, sound, design, photographs, graphics, video, information, voice, code, computer programs, software, databases, messages, advertisements, logos, button icons, software, audio files, microfilm or computer generated microfiche;
(d) “Current Date” means the date of user registration at Innocode website enDetect.com;
(e) “Dispute Resolution” means the process followed for the amicable settlement between the parties;
(f) “Innocode Ventures” means the service provider under these Terms and includes enDetect Software and website at enDetect.com;
(g) “Order Information” includes information we collect from you, including your name, billing address, shipping address, email address, and phone number, when you make a purchase or attempt to make a purchase through the Site;
(h) “Package” means various plans displayed upon the website enDetect.com, namely EnDetect Free, EnDetect Lite and EnDetect Pro;
(i) “Product” means Software and Documentation collectively. It shall also include any corrections, enhancements, updates or other modifications, including any custom modifications, to the Software and Documentation delivered to you.
(j) “Registration data” refers to the information provided at the time of the Registration with Innocode and includes any other information provided at a later stage;
(k) “Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Act and Rules thereunder;
(l) “Services” refers to Software Services and includes real time monitoring analysis, software usage tracking, data leakage prevention and other business application services;
(m) “Software” means a client access application, licensed to you by Innocode, in terms of this Agreement and ;
(n) “Term” means the period for which you selected, when you purchased access to the Services, or during the free evaluation period granted to you by Innocode to evaluate the Services;
(o) “Terms of Service” and “User Agreement” refers to this Agreement contained herein below;
(p) “User” or “You” shall refer to the User, who is interested to avail of any services from Innocode;
(q) “User Materials” means and includes information, data and other materials in electronic format which will be utilized through the Innocode Services;
(r) “We”, “us” and “our” refer to the Innocode and it’s management;
(s) “Website” or “Site” means website located at www.endetect.com.
The other terms would have meaning as defined either under Information Technology Act, 2000 and rules made thereunder or otherwise generic words are to be interpreted as per definition by English (U.K.) Dictionary.
You agree that, by completing the registration process upon enDetect.com and thereby accepting terms and conditions, you will be bound by the following Agreement. Innocode Ventures may require you, in some cases, to accept these terms through an independent signature service like docusign. In either case, we intend this to be the legal equivalent of your signature on a written contract, and equally binding.
a) These services owned and operated by Innocode Ventures are provided to you under the terms and conditions provided herein, annexed documents and any other operating rules or policies that may be published by us upon the website, from time to time.
b) All the terms set here are presented in English language and it is the sole responsibility of the User to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use avail services or register at enDetect.com.
c) You warrant that you have independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.
d) These terms and annexed documents are applicable to both the use of the website and the EnDetect software services as well.
e) We strongly recommend that, as you read this Agreement, you also access and read the information contained in documents linked hereto, as they may contain further terms and conditions that apply to you as a user here.
a) Innocode reserves the right to modify this Agreement at any time by posting a new agreement online, you should always review them prior to using the Website.
b) In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
c) Further, Innocode reserves the right to change or discontinue sale of specific products or services or revise its prices, from time to time, which will be posted from time to time upon the website.
a) To be able to buy any products or avail any of the services offered upon Innocode website, you need to be competent to contract as per the Indian Contract Act, 1872, which excludes minors, i.e. persons below the age of 18 years, persons of unsound mind and undischarged insolvent.
b) You confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
c) You confirm that you are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the services in case of any such violation.
5. Use of Services
a) You may access and use the Services, subject to these terms of Service, for the Term/Period provided below. The Services may be used only in connection with the processing of your information and such data, and not the information or data that may belong to a third party.
b) You are solely responsible for using the services in a manner in compliance with laws, rules, regulations and other requirements of Government and regulatory authorities, including without limitation, employment and privacy related laws.
c) All rights, title and interest in and to the Services are owned and retained exclusively by Innocode. Except for the rights and licenses expressly provided herein, all rights, title and interest in the Services, including all corrections, enhancements and modifications thereof, are reserved by Innocode. You are responsible for your employees’, contractors’ and agents’ compliance with the terms and conditions of this Agreement.
d) You acknowledge that it is your responsibility to inform your employees and users of the Services, the exact purpose of the enDetect Software, including the scope of information that may be collected, stored and used through the use of the Services. This includes the requirement of entering into an express Agreement with your employees or contractors (your “Workforce”) taking consent for the use of the said Software including making them aware that they are being monitored & tracked and limiting entering of any sensitive information that can be captured. You shall defend, indemnify and hold harmless Innocode against a third-party claim (including by any of your personnel) that the Services collects, stores and uses any information, including personally identifiable information.
e) This Agreement allows you to access and use the Services for the term you selected when you purchased access to the Services, or during the free evaluation period granted to you by Innocode to evaluate the Services, unless earlier terminated as provided in this Agreement.
g) As part of the Services, Innocode will make available to you for download from the Website a software application to be installed on your office computer(s) as per the requirement, whom you will monitor using Innocode Software. Subject to the terms and conditions of this Agreement, Innocode grants you a non-exclusive, non-transferable license to use the Software (in object code only) and the corresponding user documentation as described herein.
h) Each User hereby acknowledges and agrees that Innocode is NOT and cannot be a party to or control in any manner any transaction between you and your Workforce. All commercial/contractual terms are offered by and agreed to between you and your personnel alone. Neither Innocode nor any users of the Application may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
j) The Product shall be used solely by you in connection with your use of the Services as is permitted herein. All rights not expressly granted herein are retained by Innocode.
6. Pricing & Refunds
a) Prices for the Software Services are as set forth when you purchase access to the Services and shall be payable in accordance with the package selected. Available packages have been classified into enDetect Free, enDetect Lite and enDetect Pro and displayed upon the website.
b) Innocode has the right to revise the fees upon seven (7) days’ notice. Any such revision or change will be binding and effective immediately on posting of the revision upon the website. Your continued use of the Services after such modifications will be deemed to be your conclusive acceptance of such changes. If you are dissatisfied as a result of such changes, your only recourse is to terminate your access to the Services.
c) All fees paid to Innocode are non-refundable. You are responsible for paying various taxes arising out of your use of or access to the Services including GST. If Innocode does not receive payment within the timeline indicated upon the due Invoice, Innocode may immediately terminate your access to the Services.
d) Unless otherwise stated, Innocode’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature. You are responsible for paying all Taxes associated with your purchase of access to the Services hereunder. If Innocode has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount will be invoiced to and paid by you, unless you provide Innocode with a valid tax exemption certificate authorized by the appropriate taxing authority.
e) Refunds are governed by a separate Refund Policy.
a) You acknowledge and agree that all right, title and interest in and to the Content provided by Innocode in connection with the Services, including, without limitation, any copyrights in or to the Content, belong to Innocode and its content providers, and you will not assert any claims to the contrary. you may not:
(i) copy, edit, alter, modify or prepare any derivative works of the Content or any portion thereof;
(ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are contained in the original Innocode Software on any authorized copy you may buy; or
(iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form.
(iv) make unauthorized use of the Innocode Software, that may violate the laws and/or applicable regulations and statutes, and is strictly prohibited.
b) You may not use the privileges made available by Innocode in any other manner for any public or commercial purpose, in connection with products or services that are not those of Innocode, in any other manner that is likely to cause confusion among consumers or that otherwise infringes Innocode’s intellectual property rights.
c) You may not use the Innocode Software on any other platform or in a networked computer environment (including, without limitation, by uploading or republishing Innocode Software on any Internet, Intranet or Extranet site or incorporating the Innocode Content in any other database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
8. User Material
a) As part of the Services, you may create or provide, or the Services may collect User Materials & Registration Data. You represent that you have obtained all necessary third-party rights, including, without limitation, copyrights, for any User Materials that belong to third parties. you acknowledge that by providing any User Materials to Innocode, you authorize us to use User Materials for the purpose of facilitating your use of the Services, including, without limitation, registering you to use the Services, billing you for the Services, permitting you to access your User Materials, personalizing communications to you, and generally to improve the Services.
b) Innocode will have the right, in its discretion, to store User Materials or delete User Materials following the expiration or termination of the Services. Innocode will use reasonable efforts to notify you before it deletes any User Materials, but Innocode shall not be responsible if it fails to do so or if you do not receive Innocode’s notification.
9. Code of Conduct
You further agree not to host, display, upload, modify, publish, transmit, update or share any information on Innocode that:
a) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
b) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonate another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
As a registered User at Innocode, you are responsible for maintaining the confidentiality of your Registered Account and Password and for restricting access to your electronic device, and you agree to accept responsibility for all activities that occur due to your use or under your account or Password.
Further, you agree:
a) To provide true, accurate, current and complete information about yourself in the registration form and regularly maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
b) To use the services only for the purpose that are permitted by the aforesaid Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
c) You may not use the Services in any way that does not comply with the terms of this Agreement, as amended by Innocode from time to time, or any other terms, rules, or guidelines provided by Innocode concerning your use of the Services or otherwise may violate any law for the time being in force, which may subject Innocode to liability for any reason; or might adversely affect Innocode’s public image, reputation or goodwill.
d) You will be solely responsible for any breach of your obligations under the terms and for the consequence of any such breach, including any loss or damage, which we may suffer as a result and that we cannot be held responsible to you or to any third party.
e) You agree not to use the Software in any way to design or develop a competing software product. You shall not sublicense, distribute or otherwise make the Software available to a third party. You shall not permit any parent, subsidiaries, affiliated entities or third parties to use the Software and Documentation without the prior written permission of Innocode.
f) You agree not to reproduce, copy, modify, translate, reverse engineer, disassemble, de-compile or otherwise attempt, or permit others to attempt, to discover the source code of the Software, in whole or in part, except as allowed under this Agreement.
g) Your account and the activity under it are subject to review from time to time by us. On the basis of the internal report, your account or access to any services or products may be blocked or may become subject of deletion if found to be objectionable, obscene or offensive, without any prior notice to you.
h) You agree that you will not solicit passwords or personal identifying information for any purposes from other accounts or try to hack into the server in any manner.
i) You agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of the Services. Further, in exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you post on Innocode. If you fail to produce such evidence, we may, in our sole discretion, terminate your services without notice.
10. Monitoring and Support
a) To ensure users receive the highest possible level of service, Innocode may randomly monitor the Innocode services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
b) You can obtain assistance with any technical difficulty that may arise in connection with user’s utilization of the Innocode Services by requesting assistance via email to firstname.lastname@example.org. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
11. Retention & Backup Policy
a) The logs and user data would be retained as a backup in our server for at least 6 (six) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
b) In case of any technical difficulty in the system, we will have backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Innocode user agree that in no case, Innocode can be held responsible for loss of data in any circumstances.
a) Innocode reserves the right to terminate your access to the Services, without notice and in its sole discretion, if Innocode believes that your use of the Services does not comply with the terms of this Agreement including payment of applicable fees or otherwise if an action is in violation of any Law for the time being in force. Further, Innocode reserves the right to remove the non-compliant information as well.
b) If User has provided any information that is untrue, inaccurate, not current or incomplete at the time of registration, or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate your services and refuse to provide you with access to the website and/or software, including suspension of the software licence.
c) In our sole discretion, may terminate the account or use of any or all of the services, for any reason, including, without limitation, for improper use of any service or if we believe that you are not eligible to avail the services. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
d) In case of Dormant Accounts, If there is no activity in your Account registered with us (including access or payment transactions) for a period of one (1) year, we may close your Innocode Account.
e) You further agree that any termination of your access to the Service under any provision of this Agreement may be affected with 7 days notice. Further, you acknowledge and agree on the expiry of 7 days, unless appealed to the Innocode’s Grievance Officer, we may immediately deactivate or delete your account and all related information and other information relating to you and/or bar any further access to any Service or all of the services, to protect our interest as an Intermediary. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
13. Governing Law
User agrees to use the service in compliance with applicable law and this Agreement and the annexed documents:
b) In the event that the Parties fail to arrive at an amicable resolution within thirty (30) days of the dispute having arisen, parties shall be at liberty to approach a court of competent jurisdiction to resolve the dispute. The Courts of law at New Delhi, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
c) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
d) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
e) Users who choose to access the Services from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of these services and information, content, material and services contained herein.
f) The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.
14. Intellectual Property
a) Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
b) Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Innocode to the User, or otherwise by any disclosure of any Information to the User under this Agreement.
c) Users shall further ensure that by availing of any Innocode services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Users acknowledge that Innocode cannot and does not check to see whether any services or the use of the services by the Users under this Agreement, infringes legal rights of others.
d) Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the software / website or any part thereof to any other server or location, including caching of any kind is expressly prohibited.
e) Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
15. Grievance Officer
Innocode shall address any grievances of users, whether registered or not, with respect to content or any other aspects connected therewith, in a time bound manner. For this purpose, Innocode has designated the following person as Grievance Officer in terms of Information Technology Act 2000:
Mr. Vijay Paudyal
Innocode Ventures, F-101,
Bali Nagar, New Delhi – 110015 India
Timing: 12 PM – 5 PM (Monday to Friday)
The appointed officer shall work in terms of Information Technology Act and rules thereunder, if it is received through a government agency or based upon court order and in other cases, Innocode would look into the matter and try to resolve as far as possible.
16. Electronic Communications / Notices
a) Any notice or other communication required or permitted to be delivered to Innocode under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address: Innocode Ventures, F-101, Bali Nagar, New Delhi – 110015 India by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:00 hours local time, and otherwise on the next Business Day.
b) When you visit our website or access the Software or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to email@example.com.
Third Party Legal Actions
It is our policy to respond with reasonable promptness to subpoenas and other legal processes served on Innocode that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
F-101, Bali Nagar,
New Delhi – 110015, India
17. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.
18. Contact us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org.
IF ANY ONE DO NOT ACCEPT THESE TERMS, HE/SHE SHOULD EXIT THIS SITE IMMEDIATELY.