NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE
"YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS
"ON ALL SECTIONS BELOW.
YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED
" AGREEMENT SIGNED BY YOU.
IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED
"THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE OR FOR ANY
" OTHER REASON YOU FAIL TO READ THE AGREEMENT YOU ARE NOT LIABLE TO GET ANY REFUND. ITS USER'S SOUL
"RESPONSIBILITY TO READ THE AGREEMENT BEFORE USING THE SOFTWARE.
IMPORTANT: THE COMPANY CLAIMS HERE
"THAT DIFFERENT MOBILE DEVICE MANUFACTURERS USE DIFFERENT WAYS TO PRESENT COMPONENTS, LAYOUTS AND GUIs.
" THE SOFTWARE MAY NOT WORK AS IT IS EXPECTED AND DESCRIBED IN THE DOCUMENTATION AND THE PROMOTION
"VIDEOS DEPENDING ON YOUR MOBILE DEVICE MANUFACTURER.IF YOU STILL USE THIS SOFTWARE IT IS YOUR SOLE
" RISK AND RESPONSIBILITY. YOU CAN NOT CLAIM ANY REFUND.ALSO YOU AGREE THAT IF THE SOFTWARE DOES NOT
"WORK AS EXPECTED OR UPTO THE EXTEND YOU EXPECTED BECAUSE OF ANY REASON YOU WILL NOT FILE A CASE AGAINST
" THE COMPANY OF THIS SOFTWARE AND WILL NOT PERFORM OR HELP IN PERFORMING ANY
"PUNITIVE LEGAL ACTION. YOU AGREE THAT YOU WILL PROTECT THE COMPANY FROM ANY LEGAL ACTIONS IF YOU
"BUY AND DOES NOT FIND THE SOFTWARE AS YOUR EXPECTATIONS OR IF IT DOES NOT WORK AS EXPECTED BECAUSE
"OF ANY REASONS.
" IN BRIEF YOU AGREE THAT YOU WILL NOT INDULGE IN ANY PUNITIVE LEGAL ACTIONS AGAINST THE COMPANY IN ONE
"OR ANOTHER WAY IF THE SOFTWARE DOES NOT FULFILL YOUR EXPECTATIONS OR IF IT DOES NOT WORK AT ALL.
"AND YOU WILL NOT CLAIM ANY REFUND FOR IT.
"1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with
"which this Agreement is provided, including but not limited to
(i) THE COMPANY or third party computer
information or
"software;
(ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files");
"
(iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades,
" modified versions, updates, additions, and copies of the Software, if any, licensed to you by "Eclipticon Softwares Private Limited"
(collectively,
" "Updates").
"Use", "Used" or "Using" means to access,install, download, copy or otherwise benefit from
"using the functionality of the Software in accordance with the Documentation.
"Copy" means the only file
that will be
" installed on your device and not the original source file or the.apk file. You will not be provided a .apk or
source
" file at all.
"Device" means one central processing unit (CPU) that accepts information in digital or
similar form
"and manipulates it for a specific result based on a sequence of instructions.
"THE COMPANY" or "Eclipticon" means
"ECLIPTICON SOFTWARES PRIVATE LIMITED", Registered office address E-28, Ashirwad Ngr Shobhagpura, Udaipur City, Udaipur, Girwa, Rajasthan, India, 313001, having CIN U62013RJ2023PTC089192 incorporated with MCA on 3rd August, 2023
"
Eclipticon Softwares Private Limited is the only author and publisher of this software.
The terms "software", "service"
,
"are used interchangeably and they refer to the "Frenley" software provided by Eclipticon.
"2. Software Use.
You may install and Use a copy of the Software on your compatible device, up to only
single
"device.; and
a. NO PORTABLE COMPUTER USE. THE PRIMARY USER OF THE DEVICE ON WHICH THE SOFTWARE IS
INSTALLED MAY
"NOT MAKE ANOTHER COPY FOR HIS OR HER EXCLUSIVE USE ON ANY OTHER DEVICE.
" b. These terms of use will also be applicable to Users who access Software features using devices running on
" Android and laptop PCs which run android using emulator or desktop.
" c. Violation of any of the terms of this agreement may result in revoking the software by Eclipticon and terminating
" your access to the service.
" d. We reserve the right to refuse, terminate, and revoke the software if found alleged violations of this
agreement
" or for any other reason.
" e. The "software" is offered for use by the person or entity who actually purchased it by paying the amount to
" either authorised representative of the Eclipticon or Google Play Store and not for the use or benefit of any third
party.
" f. You must be at least 18 years of age or older to use the services available through the "software" in any
"manner.You can use this software only if you have completed 18 years of age or older and that you have the right,
" authority and capability to use the software and you agree to abide by this agreement.
" g. YOU MAY NOT ACCESS THE SOFTWARE IF YOU ARE OUR DIRECT COMPETITOR OR IF YOU ARE ASSOCIATED WITH OUR DIRECT
"COMPETITOR IN ANY WAY. IN ADDITION, YOU MAY NOT ACCESS THE SERVICE FOR THE PURPOSE OF MONITORING ITS AVAILABILITY,
"PERFORMANCE, FUNCTIONALITY OR FOR ANY OTHER BENCHMARKING AND COMPETITIVE PURPOSES.
"The Agreement is published in compliance of, and is governed by the provisions of Indian laws.
" This agreement is void where prohibited by law and the right to use the software is revoked in such jurisdictions.
" Eclipticon makes no claim that the service may be lawfully used or that the content may be uploaded or downloaded. You
"use the service solely at your own risk and you are responsible for compliance with the laws of your jurisdiction.
" h. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and
"use the “software” including without limitation modems, laptops, personal computers, mobile phones, and data
services.
" It is your responsibility to ensure that all such equipment’s and/or ancillary services are compatible with
"the "software".
"3. General Terms
" a. While signing up for the “software”, you are required to provide information including but not limited to your
"first name, last name,correct contact numbers , valid and correct email address. In case you fail to provide any of
"the above mentioned information your backup emails may lost and Eclipticon is not responsible for your data loss.You are
"responsible for any of your data loss.In case to take backup of your data or you restore your data if data is
"lost because of any reason(including but not limited to absence of Memory Card(sdcard), absence of internet
"connection or any other reason), you will be solely responsible for that loss and not the Eclipticon.So you cant claim
any
" refund or file any case against the Eclipticon.
" b. Your software can be used only by you. A single copy of software shared by multiple people is not
"permitted.
" c. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR SOFTWARE. ECLIPTICON CANNOT AND WILL NOT BE LIABLE FOR ANY
"LOSS OR DAMAGE FROM YOUR FAILURE TO COMPLY WITH SECURITY OBLIGATIONS. YOU MUST NOTIFY "ECLIPTICON" IMMEDIATELY OF ANY
"UNAUTHORIZED USE OF YOUR SOFTWARE. YOU AGREE THAT "ECLIPTICON" OR ITS AUTHORISED REPRESENTATIVE SHALL NOT BE LIABLE IN
ANY
" MANNER FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF USING THIS SOFTWARE.
" d. YOU ALSO AGREE THAT “ECLIPTICON” SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF ANY FORM (INCLUDING BUT NOT LIMITED TO
"FINANCIAL LOSS, LOSS OF DATA, LOSS OF REPUTATION) DUE TO USE OF THIS “SOFTWARE”. YOU AGREE THAT YOU HAVE CHOSEN TO
" USE THE “SOFTWARE” SOLELY AT YOUR OWN RISK.
" e. You are solely responsible for all content posted and activity that occurs through or under your copy of
"software (even when content is posted by others). Any fraudulent, abusive and/or authorized activity may be grounds
" for termination of your right to service or to access software and may be grounds for potential liability against
"you. In such case only you will be liable to face any action taken by the victim.
" f. You shall not provide any email id and data that is not owned by you. If you provide any email id that is not
"owned by you and backup files are sent there,then any objections raised by the Eclipticon of that email id will hold you
"solely responsible for that act and Eclipticon will not be liable for any of your act.You agree that you will face all
"the charges in such situation and will protect the Eclipticon of the software.
" g. You are not permitted to block ads if any exists.
" h. You must not, in the use of the software violate any laws of your jurisdiction (including but not limited to
"copyright laws). Eclipticon is not liable for any damage or loss of any type if you violate any laws of your
jurisdiction.
" We strongly recommend that you read, understand all the applicable laws of your jurisdiction before using
" the software.
" i. YOU AGREE TO THE FACT THAT WE RETAIN A COPY OF YOUR BACKUP FILE/DATA AND CAN USE IT IN ANY WAY FOR OUR PURPOSE
" AND ALSO SELL IT TO ANY THIRD PARTY. YOU MAY REQUEST FOR PROVIDING BACKUP FILE IF YOU LOSS ANY DATA BECAUSE OF ANY
" REASON BUT ECLIPTICON MAY GRANT OR REFUSE SUCH REQUESTS.WHILE ECLIPTICON WILL WORK TO PROVIDE YOU BACKUP FILE WITHIN 1
MONTH,
"THERE IS NO GUARANTEE, WARRANTEE, AGREEMENT TO EVEN RESPOND AND RESPOND WITHIN A CERTAIN PERIOD OF TIME.
SO
"MAINTAING YOUR DATA WILL BE YOUR SOLE RESPONSIBILITY AND NOT THE Eclipticon'S.
" j. You agree to the fact that Eclipticon will continue to retain your information and backup files to himself even
"after you stop using the software and can use this information to sell to any third party.
" 4. Intellectual Property Rights.
" The Software and any copy that you are authorized by Eclipticon to use are the
"intellectual property of and are owned by Eclipticon only. The structure and code of the Software are the valuable trade
" secrets and confidential information of Eclipticon. The Software is protected by copyright, including without
limitation
" by Indian Copyright Law. You may not copy the Software.
" YOU AGREE NOT TO MODIFY, ADAPT OR TRANSLATE THE SOFTWARE.YOU ALSO AGREE NOT TO REVERSE ENGINEER, DECOMPILE,
"DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE SOFTWARE, Eclipticon DOES NOT GIVE YOU ANY RIGHTS OF
OWNERSHIP. EXCEPT AS EXPRESSLY STATED
" HEREIN, THIS AGREEMENT DOES NOT GRANT YOU ANY INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE AND ALL RIGHTS NOT
EXPRESSLY GRANTED ARE RESERVED BY Eclipticon.
" a. You agree to use the software for the purposes that are permitted by this agreement and applicable laws,
regulations, guidelines in the relevant
"jurisdictions.
" b. Eclipticon reserves the right to add new functionality, remove existing functionality and modify existing
functionality from the software and when it deems
" fit and make any such changes available in newer version of its software.
" c. Eclipticon reserves the right to charge for upgrades and updates to all users to the latest version of its software.
Eclipticon also reserves the right to
"increase or decrease the software charges due to any of the reasons stated above OR even without any reason. Eclipticon
will mention the new charges on app store.
" d. If you have any technical queries please visit our help and support page
Help & Support or email us at
support@eclipticon.com
".While Eclipticon will work to respond to all the requests within 1 month, there is no guarantee, warranty, agreement
to respond within a certain period of
"time or to even respond at all.
" e. Verbal,physical,written or any other form of abuse(including threats of abuse or retribution) with respect to
Eclipticon or any authorised representative
"of Eclipticon will result in revoking of software immediately.
" 5. Transfer.
" You may not, rent, lease, sell, un-bundle and/or repackage for distribution or resale, or authorize all or any
portion of the Software to
" be copied onto another users device.
"Eclipticon may disclose or transfer User Information to its affiliates, or any other person(including any third
parties),agency,company or entity and you hereby
" consent to such transfer. You permit Eclipticon to transfer your personal data or information including all case
details, to any other body corporate or a person
" in India, or located in any other country. Eclipticon can sell your personal information for his personal gain.
"6. User content storage and retrieval
" a. You understand that the software can be used for transmission of your data/content and that during processing
your data/content may be transferred
"unencrypted over the internet and you consent to such unencrypted transmission.
" b. You agree not to transmit any worms or viruses or any code of a destructive nature or that attempts to
automatically gather information from the
"screen (screen scraping).
" c. The terms “personal information” and “sensitive personal data or information” are defined here:
" 1. Your Full Name,Mobile No.,email id and other information you provide to the software.
" 2. All your cases which are stored in the software.
"d. The User is expected to read and understand this License, so as to ensure that he or she has the knowledge of:
" i) the fact that the information is being collected;
" ii) the purpose for which the information is being collected;
" iii) the intended recipients of the information;
" iv) who is collecting the information and will retain the information; and
" v) the various rights available to such Users in respect of such information.
" e. The User is responsible for maintaining the confidentiality of the User’s email account access information and
password which he provides to recieve
"backup files. The User shall be responsible for all usage of the user’s account and password, whether or not
authorized by the User. The User shall
"immediately notify Eclipticon of any actual or suspected unauthorized use of the User’s email account or password.
Although Eclipticon will not be liable for your
"losses caused by any unauthorized use of your account, you may be liable for the losses of Eclipticon or others due to
such unauthorized use.
" f. Eclipticon may use information stored in its Services from time to time for the purposes of debugging customer
support related issues.
" g. Eclipticon collects and uses Users personal and all case related information. Also you agree here that if Eclipticon
wishes to use user's personal information
" or case related data for a new purpose he can do it without any permissions of its users. To the extent that any
provision in this Section is in conflict
"with any other term or condition in this Agreement,this Section shall supercede such other term(s) and condition(s)
with respect user data.
"7. NO WARRANTY.
" THERE IS NO WARRANTY OF THE SOFTWARE AND ITS PERFORMANCE.YOU MAY NOT CLAIM ANY NON-SUBSTANTIAL VARIATIONS OF
PERFORMANCE FROM THE DOCUMENTATION.IT DOES
"NOT ESTABLISH A WARRANTY RIGHT.
"THIS NO WARRANTY ALSO APPLY TO PATCHES AND UPDATES OF THE SOFTWARE.
" If the Software does not perform substantially in accordance with the Documentation, Eclipticon does not have any
liability and you are not liable to the
"refund of fee that you paid for the Software.
" THE NO WARRANTY SET FORTH IN THIS SECTION GIVES YOU NO LEGAL RIGHTS.
"8. Covenants
" a. The User is also prohibited from: violating or attempting to violate the integrity or security of the Software
or any Software Content;
" b.(i) ATTEMPTING TO DECIPHER, DECOMPILE, DISASSEMBLE OR REVERSE ENGINEER ANY PART OF THE SOFTWARE;
" (ii) COPYING OR DUPLICATING IN ANY MANNER ANY OF THE SOFTWARE CONTENT OR OTHER INFORMATION AVAILABLE FROM THE
SOFTWARE;
" c. Eclipticon, upon obtaining knowledge by itself or been brought to actual knowledge by another person in any manner
about any such information as mentioned in
"Section 7(a),7(b) above, shall be entitled to revock the software services.
" In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by a User,Eclipticon has the
right to immediately revock the
"software services.
"9. Payment, Fees and Taxes
" >> YOU AGREE TO PAY ALL THE SOFTWARE FEES AND ANY OTHER FEES APPLICABLE TO YOUR USE OF SERVICE. YOU SHALL NOT
CIRCUMVENT THE FEE STRUCTURE.
" >> THERE IS NO REFUND POLICY. IF ECLIPTICON TERMINATES, SUSPENDS YOUR SERVICE FOR ANY REASON OR YOU CANCEL/TERMINATE
YOUR SERVICE FOR ANY REASON, ECLIPTICON WILL
"NOT BE LIABLE TO PROVIDE ANY REFUND.
" >> IF YOU UNINSTALL THE SOFTWARE FOR ANY REASON ECLIPTICON IS NOT LIABLE TO GIVE YOU ANOTHER COPY FOR FREE, YOU WILL
HAVE TO PAY AGAIN AND BUY A NEW FRESH COPY OF
"THE SOFTWARE TO USE THE SERVICES.
" >> THE PAYMENT PROCESS WOULD BE CONSIDERED TO BE COMPLETE ONLY ON THE RECEIPT OF THE AMOUNT TO ECLIPTICON'S DESIGNATED
BANK ACCOUNT. YOUR SOFTWARE WILL BE
" ACTIVATED AS SOON AS YOU PAY THE FEES CHARED FOR IT.
" >> THE SOFTWARE FEES ARE INCLUSIVE OF ALL TAXES. ECLIPTICON RESERVES THE RIGHT TO CHANGE THE PRODUCT FEES DUE TO ANY
CHANGES IN TAXES.
" >> THE FEES COULD BE PAID OFFLINE AND BE EITHER COLLECTED PERSONALLY FROM USER.
" >> ECLIPTICON IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED TO USER DURING THE MAILING PROCESS. AND USER MAY LOST
DATA IF HIS INTERNET CONNECTION IS NOT
"ACTIVE OR HE DOESN'T HAVE SECONDARY STORAGE AVAILABLE IN THE DEVICE DURING BACKUP PROCESS. SOFTWARE AND ECLIPTICON IS
NOT RESPONSIBLE FOR ANY OF YOUR LOSS.
" >> THE FEES COULD ALSO BE PAID ONLINE THROUGH THE FACILITY MADE ON THE GOOGLE PLAY STORE. THIRD PARTIES SUPPORT
AND SERVICES ARE REQUIRED TO PROCESS THE
"ONLINE FEE PAYMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED TO THE USER DURING THIS PROCESS.
" >> WE RESERVE THE RIGHT TO MODIFY THE FEE STRUCTURE FOR ANY REASON INCLUDING WITHOUT LIMITATION ADDITION OF NEW
FEATURES, MODIFICATION OF EXISTING FEATURES,
" CHANGES IN TAX RATES OR STRUCTURE WITHOUT ANY PRIOR INFORMATION, WHICH SHALL BE CONSIDERED VALID BY YOU.
" In order to complete the payment process on Google Play Store, you may have to provide details without limitation
bank account number, credit card number,
" and financial institution names to google which is not under control of Eclipticon. Because payment process is
controlled by Google only, Eclipticon will not
"be liable if anything goes wrong and it will not be his responsibility to refund you. Its users responsibility to
check his account after payment is made and
" notify Eclipticon if he finds anything wrong like payment is more than charged fees of the software.
"10. Termination of Service and Disputes
" a. This agreement will remain in full force and effect while the user is a user of the software.
" b. We reserve the right to terminate, suspend our software services in case a user breaches any terms of this
agreement or privacy policy or we believe
"in our sole discretion that such user’s action may cause legal liability for such user, other users, buyer or are
contrary to the interest of the software,
" service.
" c. We reserve the right at our sole discretion to pursue all the legal remedies including but not limited to
revoking of software services and access to
"the service for any reason mentioned above.
" d. Once software is revocked or terminated the user may not continue to use the service by buying a new copy of
the siftware.
" e. Once software is revocked or services are terminated for any reasons mentioned above, user will no longer have
access to data, messages, files,
"documents and any other material related to the user.
" IT IS SOLE RESPONSIBILITY OF THE USER TO TAKE CONTINUOUS BACKUP OF ALL THE DATA RELATED TO THE USER TO COMPLY WITH
HIS/HER RECORD KEEPING PROCESS.
" f. Return of user data: If the user wants his/her data back he/she could make such request to Eclipticon at
" backuprequest.frenley@gmail.com
"before the date of termination of the services.
" We will provide the backup in either text file(.txt) , comma separated values (CSV) file or any other format and
form.
" g. We shall have no obligation to maintain or provide such User’s data if user fails to make the request before
the date of termination, Eclipticon will not
"have any obligation to provide the data to user.
"11. Governing Law.
" This Agreement will be governed by and construed in accordance with the substantive laws in force in INDIA.
" a. This agreement and any contractual obligation between Eclipticon and user will be governed by the laws of India,
subject to the exclusive jurisdiction
" of courts in Rajasthan.
" b. All the disputes will be subject to arbitration in Jodhpur in English by a single arbitrator appointed by
Eclipticon.
" c. Even after termination, certain obligations mentioned under covenants, liability, indemnity, intellectual
property, dispute resolution will
"continue and will survive termination.
" d. Any amendment in these terms shall replace all previous versions of the same.
"12. Liability
" a. ECLIPTICON SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER TO THE USERS FOR ANY LOSSES, DAMAGE, INJURIES CONSENTED
TO THE MAKING OF DISCLOSURES BY ECLIPTICON.
" b. THE USER SHALL NOT HOLD ECLIPTICON RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DISCLOSURES BY HIM.
" c. THE SERVICES AND CONTENT PROVIDED BY ECLIPTICON OR ANY OF ITS AUTHORISED REPRESENTATIVE ARE PROVIDED "AS IS," AS
AVAILABLE, AND WITHOUT ANY WARRANTIES OR
" CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,ACCURACY, FITNESS FOR A
PARTICULAR PURPOSE,TITLE AND NON-INFRINGEMENT,
" ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).
" d. ECLIPTICON OF PRODUCT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCT OR THE
SERVICES, INCLUDING ANY REPRESENTATION OR
"WARRANTY THAT THE USE OF THE PRODUCT OR SERVICES WILL
" (A) BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,SOFTWARE,
SYSTEM OR DATA,
" (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS,
" (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED,
" (D) THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
" (F) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
" YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, ECLIPTICON DISCLAIMS ANY
LIABILITY OR RESPONSIBILITY FOR THE
"ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS,LEGALITY OR OPERABILITY OF THE CONTENT, MATERIAL AND/OR SERVICES
PROVIDED IN THIS SOFTWARE. ANY
"PROVISION IN THIS PARAGRAPH IS IN CONFLICT WITH ANY OTHER TERM OR CONDITION IN THIS AGREEMENT,THIS SECTION SHALL
SUPERCEDE SUCH OTHER TERM(S) AND
"CONDITION(S).
" BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT ECLIPTICON IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM, LOSS, DAMAGE
RESULTING FROM
" (1) USE OF THE SOFTWARE;
" (2) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SOFTWARE AND (3) USING
INFORMATION CONTAINED ON THE SOFTWARE;
" INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR
DESTRUCTIVE PROGRAM.
" e. THE SOFTWARE MAY BE LINKED TO THE LIBRARY/SOFTWARES OF THIRD PARTIES, AFFILIATES AND BUSINESS PARTNERS. ECLIPTICON
HAS NO CONTROL OVER, AND NOT LIABLE
"OR RESPONSIBLE FOR CONTENT, ACCURACY, VALIDITY, RELIABILITY, QUALITY OF SUCH LIBRARY/SOFTWARE OR MADE AVAILABLE
BY/THROUGH OUR SOFTWARE. INCLUSION OF ANY
"LINK ON THE SOFTWARE DOES NOT IMPLY THAT SOFTWARE ENDORSES THE LINKED SITE. USER MAY USE THE LINKS AND THESE
SERVICES AT USER’S OWN RISK.
" f. In no event, including but not limited to negligence, shall Eclipticon, or any of its authorised entity
(collectively, the “protected entities”) be
"liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or
directly or indirectly related to, the
" use of, or the inability to use, the software or the content, materials and functions related thereto, lost
business or lost sales, even if such protected
"entity has been advised of the possibility of such damages.
"13. Indemnification
" YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE SOFTWARE ECLIPTICON AND ITS REPRESENTATIVES FROM AND AGAINST ANY AND ALL
CLAIMS, LIABILITIES, LOSSES, ACTIONS,
"CAUSES OF ACTION, DEMANDS, COSTS AND EXPENSES,INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, ARISING OUT OF YOUR USE
OF THE SERVICE (OR ANY THIRD PARTY USING
" THE SOFTWARE), YOUR VIOLATION OF THIS AGREEMENT OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY
PERSON OR ENTITY IN CONNECTION WITH THE
"SERVICE OR YOUR USE THEREOF. THE TERMS SPECIFIED IN THIS SECTION WILL SURVIVE TERMINATION OR EXPIRATION OF THIS
AGREEMENT.
"14. Intellectual Property
" ECLIPTICON SOFTWARES PRIVATE LIMITED having CIN U62013RJ2023PTC089192, having registered office address, E-28, Ashirwad Ngr Shobhagpura, Udaipur City, Udaipur, Girwa, Rajasthan, India, 313001.
", is the only author and publisher of the software Frenley and all variants, editions, add-ons,
and ancillary products or
" services of lawyer (including all files and images contained in or generated by the software, and accompanying
data, together the “Software”).
"Eclipticon Softwares Private Limited is the only entity who retains all the earnings and profits earned by selling this software Frenley.
" The Software and its contents are intended solely for the use osf Frenley users and may only be used in accordance
with the terms of
"this Agreement.
" Frenley software and all materials displayed or performed within it, including, but not limited to text,
information, graphics, logos, tools,
" photographs, images, illustrations, audio, video and animations ("Software Content") are the property of ECLIPTICON SOFTWARES PRIVATE LIMITED and are protected by Indian and international copyright laws.
All trademarks, service marks, and trade
" names are proprietary to Eclipticon Softwares Private Limited. Buyer shall abide by all copyright notices, information, and restrictions
contained in this license.
" (a) The software is protected by copyright pursuant to Indian copyright laws, international conventions, and other
copyright laws. Except as explicitly
" permitted in the next paragraph of this Agreement, Buyers may not copy, modify, publish, transmit, upload,
participate in the transfer or sale of,
"reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the
Software Content, software, materials,
"or Service in whole or in part. User may download or copy the Software Content for his, her or its individual use
only and not for any other person or
" entity, and provided that the user maintains all copyright. User may not make multiple copies of the Software
Content or otherwise distribute or transmit
"such Software Content to any other person or entity.
" (b) Buyer warrants, represents and agrees that buyer has the right to grant Eclipticon and the Software the rights set
forth above. Buyer represents,
"warrants and agrees that it will not contribute any buyer Content that (a) infringes, violates or otherwise
interferes with any copyright or trademark of
" another party, reveals any trade secret , unless buyer has the Eclipticon's written permission to post it.
" (c) infringes any intellectual property right of another or on the privacy or publicity rights of another,
" (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful,offensive
or otherwise violates any law or
" right of any third party,
" (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is
intended to damage, detrimentally interfere
"with, surreptitiously intercept or expropriate any system, data or information, or
" (f) remains posted after buyer has been notified that such Buyer Content violates any of sections (a) to (e) of
this sentence. Eclipticon reserves the right
" to remove any Buyer Content from his saved database, suspend or terminate buyers's right to use the Software at
any time, or pursue any other remedy or
"relief available to Eclipticon and/or the Eclipticon Representatives under equity or law, for any reason (including, but not
limited to, upon receipt of claims or
"allegations from third parties or authorities relating to such Buyer Content or if Eclipticon is concerned that Buyer
may have breached the immediately preceding
" sentence), or for no reason al all.
" Eclipticon does not pre-screen Buyer Content, but Eclipticon and its designer have the right (but not the obligation) in
their sole discretion to refuse or remove
" any Content that is available via the Service. The Software, including but not limited to the look and feel of the
software, is copyright of ECLIPTICON SOFTWARES PRIVATE LIMITED.
" You may not duplicate, copy, or reuse any portion of the XML/HTML/CSS/JAVA/PNG or other visual design elements
without express written permission from
"Eclipticon. In cases in which such permission is given, all copyright and "powered by" notices, images and texts
("notices") in rendered pages and outgoing
"emails must be present. The location of the notice on the page may be altered so long as the notice remains clearly
visible.
"15. PROMOTION AND MARKETING
" BY USING THIS SOFTWARE, YOU AGREE THAT Eclipticon CAN USE YOUR BRAND IDENTITY, ORGANIZATION OR SOCIETY NAME INCLUDING
ALL OF YOUR DATA PROVIDED TO THE SOFTWARE
" AND MENTION YOUR USAGE OF THIS SERVICE IN PRESS RELEASES, INTERVIEWS, PROMOTIONAL MATERIALS, SALES SHEETS,
PRESENTATIONS, WEBSITES AND OTHER
"SELF-PROMOTIONAL CHANNELS.
"16. Compliance to laws
" You are solely responsible for compliance to all applicable laws,notices, agreements and other information
concerning the Service electronically. You
"agree that Eclipticon is not responsible for valid charges incurred as the result of failed electronic delivery of email
messages to the address you provide,
"either by the fault of Eclipticon or another third party.
" 17. Severability and Waiver Contact information.
" If any provision of these terms of use is held to be invalid or not enforceable such provision shall be struck and
the remaining provisions shall be
"enforced.If any provision of these terms of use in above sections is held to be invalid or unenforceable then you
should not use the software. If you still
" use this software you will do it on your own risk and Eclipticon will not be liable to face any charge because of your
actions.
" Only you will be liable to face it all.
"18. Modification to Agreement
" Eclipticon reserves the right at its sole discretion to modify this agreement at any time for the next copies that are
to be sold. Buyer shall be responsible
" for reviewing and becoming familiar with any such modifications. Use of the Service by Buyer following such
notification constitutes Buyer's acceptance
" of the terms and conditions of this Agreement as modified. Any new features that augment or enhance the current
Service, including the release of new
"updates,tools and resources, shall be subject to this Agreement.
" a. For any inquiry regarding this agreement please contact our customer service at:
" feedback.frenley@gmail.com
" b. If you have any questions, issues, complaints regarding the service, Software please contact our customer
service at:
" complain.frenley@gmail.com "
19. Account Deletion
To delete your Frenley account, please follow
this link and
steps in the account deletion section. By completing this process, your account will be permanently removed,
ensuring the deletion of personal data and termination of all associated services.
Frenley