Welcome to Techo, Inc.
(“us”, “we”, or “our”) operates techoerp.in (herein after referred to as “Service”).
Service means the techoerp.in website operated by TechoERP, Inc.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
Data Processors (or service providers) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject is any living individual who is the subject of Personal Data.
The User is the individual using our Service. The User corresponds to theData Subject, who is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
a. Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to
0.1. Email address
0.2. First name and last name
0.3. Phone number
0.4. Address, Country, State, Province, ZIP/Postal code, City
0.5. Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
b. Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.
c. Tracking Cookies Data
However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
0.1. Session Cookies:
We use Session Cookies to operate our Service.
0.2. Preference Cookies:
We use Preference Cookies to remember your preferences and various settings. 0.3. Security Cookies:
We use Security Cookies for security purposes.
0.4. Advertising Cookies:
Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
d. Other Data
While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.
TechoERP, Inc. uses the collected data for various purposes:
0.1. To provide and maintain our Service;
0.2. To notify you about changes to our Service;
0.3. To allow you to participate in interactive features of our Service when you choose to do so;
0.4. To provide customer support;
0.5. To gather analysis or valuable information so that we can improve our Service;
0.6. To monitor the usage of our Service;
0.7. To detect, prevent and address technical issues;
0.8. To fulfil any other purpose for which you provide it;
0.9. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
0.10. To provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
0.11. To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
0.12. In any other way we may describe when you provide the information;
0.13. For any other purpose with your consent.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction
We may disclose personal information that we collect, or you provide:
0.1. Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your PersonalData if required to do so by law or in response to valid requests by publicauthorities.
0.2. Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or assetsale, your Personal Data may be transferred.
0.3. Other cases. We may disclose your information also:
0.3.1. To our subsidiaries and affiliates;
0.3.2. To contractors, service providers, and other third parties we use tosupport our business;
0.3.3. To fulfill the purpose for which you provide it;
0.3.4. For the purpose of including your company’s logo on our website;
0.3.5. For any other purpose disclosed by us when you provide the information;
0.3.6. With your consent in any other cases;
0.3.7. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR.
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at firstname.lastname@example.org.In certain circumstances, you have the following data protection rights:
0.1. The right to access, update or to delete the information we have on you;
0.2. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
0.3. The right to object. You have the right to object to our processing of your Personal Data;
0.4. The right of restriction. You have the right to request that we restrict the processing of your personal information;
0.5. The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
0.6. The right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
According to CalOPPA we agree to the following: 0.1. Users can visit our site anonymously;
0.4. Users are able to change their personal information by emailing us at email@example.com.
Our Policy on “Do Not Track” Signals: We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:
0.1. What personal information we have about you. If you make this request, we will return to you:
0.0.1. The categories of personal information we have collected about you.
0.0.2. The categories of sources from which we collect your personal information.
0.0.3. The business or commercial purpose for collecting or selling your personal information.
0.0.4. The categories of third parties with whom we share personal information.
0.0.5. The specific pieces of personal information we have collected about you.
0.0.6. A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
0.0.7. A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with. Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
0.2. To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
0.3. To stop selling your personal information. We don’t sell or rent your personal information to any third parties for any purpose. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a “sale” under California law. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
If you submit a request to stop selling your personal information, we will stop making such transfers. Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights. To exercise your California data protection rights described above, please send your request(s) by email: firstname.lastname@example.org.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
We may use third-party Service Providers to automate the development process of our Service.
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site.
Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).
We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
The User’s right to privacy is of paramount importance to TechoERP. Any information provided by the User will not be shared with any third party unless identified as such elsewhere. TechoERP reserves the right to use the information to provide the User a more personalized online experience.
We host your data at international data centersand the service levels offered by them will be applicable to you. We willreasonably put all effort to ensure that the servers managed by us are up and running 24x7.
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. time zone, notification preferences), and to personalize your content (eg. advertising, language).
Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service. Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.
We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.
If you browse websites from multiple devices, you may need to update your settings on each individual device.
Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.
Techo ERP (by Techo Digital) is a fork of & built over the top of ERPNext. ERPNext is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. The Help documentation of Techo Erp (by Techo Digital) is © Frappe Technologies Content licensed under CC-BY-SA 3.0
Techo-M (by Techo Digital) is a fork of & built over the top of Chatwood. Chatwood is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
See the GNU General Public License for more details at https://www.gnu.org/licenses
In order to request a refund to your original payment source - simply click on the chat portal button here or please send us a direct email at email@example.com with your Techo Invoice # or your Transaction ID along with the specific code you would want to refund.
The 60 days refund period starts from the date of your purchase until the 60th day. Post that, no refund will be processed whatsoever to the wallet or original payment source.
The refunds are processed manually at the moment. Our Billing Team works Monday - Friday from 10:00 hours to 18:00 hours GMT+5.30. (Weekdays only).
All billing requests may take anywhere up to 72 business working hours to complete and process. You will receive a confirmation email from us once the refund is processed.
A refund request is only considered when the above details are provided within the eligible 60 days refund period only to our official support email. Any request raised outside our official support email will not be considered a valid refund request.
The refund will only be processed to the original payment source (Card/Bank to Card/Bank via Razorpay) and not via any other method. Please note: The refund will be processed only on the actual paid value by the user in an invoice (unless stated otherwise). Once the refund is processed from our system & the code is canceled, it cannot be reversed.
In case the system detects any fraud purchase-refund pattern abusing the refund system (over 80% or high value and volume refunds, whichever is first) and/or if you end up filing a false dispute against us for any such transactions, your account will be immediately banned/suspended and will be permanently blacklisted and you will lose access to your purchase/purchases. Any disputes that are won by Techo are never eligible for any refunds. If the user further makes secondary/other accounts and continues with the same pattern, the Refund Policy will not be applicable for such purchases/accounts while also leading to another indefinite suspension.
Hence, we encourage you to contact us and leverage your 60 days of hassle-free refund policy fairly. Techo Digital holds any final decision for your account in case of a violation of this policy that cannot be challenged.
If you need any help with anything, feel free to email support at firstname.lastname@example.org
Techo” website contains information that is freely accessible and may be viewed by any visitor. However, the website maintains a copyright interest in the contents of all of its websites.
Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Information Technology Act, 2000.
Access to sensitive or proprietary business information on “Techo” websites is limited to users who have been determined to have an appropriate official reason for having access to such data. All registered users who are granted security access will be identified by a user name provided by the webmaster.
Users who are granted password access to restricted information are prohibited from sharing those passwords with or divulging those passwords to any third parties. User will notify us immediately in the event a User ID or password is lost or stolen or if the User believes that a non-authorized individual has discovered the User ID or password.
If you have any questions or comments regarding the “Techo” Website Security Policy, please contact the Web Information Manager by using the Feedback option in the “Techo." website.
Acceptance of Terms
“Techo Digital”, “Techo ERP”, “Techo” ("We") provide its Service (as defined below) to you through its website located at www.techoerp.in(the "Site"), application programming interface (the "API"), or any mobile application (the "Mobile App", together with the Site and the API, the "Application") that Techo may offer from time to time, subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service. Any actions you or any of your employees, consultants, agents, representatives, and users take on the Service shall be deemed to have occurred on behalf of your legal entity.
Modifications to this Agreement
From time to time, Techo Digital may modify this Agreement. Unless otherwise specified by Techo, changes become effective for Customer upon renewal of the then-current Subscription Term or entry into a new Service Order Form after the updated version of this Agreement goes into effect. Techo will use reasonable efforts to notify Customers of the changes through communications via the Customer’s Account, email, or other means.
The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to any Service through any online provisioning, registration, or order process or (b) the effective date of the first Service Order Form, as applicable, referencing this Agreement. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.
These Terms of Service (the “Agreement”) are entered into by and between Techo Digital, (“Techo Erp" or “Provider”) and the person or entity placing an order for or accessing the Service (“Customer” or “you”). In consideration of the terms and conditions set forth below, the parties agree as follows:
Provision of Service
Techo will make the Services and Software available to Customer pursuant to this Agreement, the Supplemental Terms (where applicable), the applicable SOF, and the Documentation, and provide such Services in accordance with this Agreement, including the Data Processing Addendum("DPA"), Professional Services Terms,the BAA (if applicable), the Privacy Notice, and laws and government regulations applicable to Techo’ business, during each Subscription Term. During the Subscription Term, Techo grants to Customer a limited, non-exclusive right to access and use the Services and Software only for its internal business purposes, for up to the number of Users included in the Service Plan or otherwise noted in the SOF, including the right to download, install and use the Mobile Apps in connection with the authorized use of the Services.
Responsibilities of Customer
Customer Account: Customers may need to register for an account in order to place orders or access or receive the Services. Customer agrees to keep its Account information current, accurate and complete so that Techo may send notices, statements, and other information to Customer via email or through its Account, which notifications will be subject to this Agreement and the Privacy Notice. Customer will be responsible for maintaining the confidentiality of User login information and credentials for accessing the Services and will notify Techo promptly of any loss, misuse, or unauthorized disclosure of such login information and/or credentials of which Customer becomes aware. Techo and its Affiliates will not be liable for any damage or loss that may result from the Customer’s breach of the foregoing obligations.
Use Restrictions Customer agrees not to use the Techo Digital (as defined below) to: (i) process data on behalf of any third party other than Customer’s Users and End Users; (ii) send unsolicited communications, junk mail, spam, or other forms of duplicative or unsolicited messages in violation of spamming or other laws; (iii) use the Service or Techo in violation of applicable law (iv) store or transmit any content that infringes upon any third party’s intellectual property rights; (v) interfere with or disrupt the integrity or performance of the Services and their components; (vi) post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (vii) post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (viii) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable law.
Use of Customer Data As between the parties, the Customer and its licensors retain all right, title, and interest (including any and all intellectual property rights) in and to the Customer Data and any modifications made thereto in the course of the operation of the Techo Digital. Subject to the terms of this Agreement, Customer hereby grants to Techo and its Affiliates a non-exclusive, worldwide, royalty-free right to process the Customer Data solely to the extent necessary to provide the Services, Software, Mobile Apps, and perform all related obligations owed to Customer under this Agreement, or as may be required by law. The customer is solely responsible for the accuracy, content, and legality of all Customer Data. Customer warrants that Customer has and will have sufficient rights in the Customer Data to grant the rights to Techo under this Agreement. Customer agrees not to upload any Customer Data containing electronic patient health records or information (“ePHI”) unless Customer has entered into a business associate agreement with Techo, which will govern the parties’ respective obligations with respect to any ePHI uploaded by Customer to the Services, Software, or Mobile Apps (“BAA”). Upon mutual execution of a BAA, the BAA is incorporated by this reference into this Agreement and is subject to its terms. If Customer is permitted to submit ePHI data into the Service, Software, or Mobile App, then Customer may submit such data to Techo and/or the Service only by uploading it as Customer Data. Unless a BAA is in place, Techo will have no liability under this Agreement for ePHI supplied by Customer or any User or End User, notwithstanding anything to the contrary in this Agreement or in HIPAA or any similar federal or state laws, rules or regulations. Customer agrees not to upload credit cardholder data to the Service, Software, or Mobile App unless Customer’s SOF expressly states that Customer is purchasing the PCI-compliant version of such offerings.
Data Security The parties will comply with the terms of the Data Processing Addendum(“DPA”) locate, which is incorporated into this Agreement by this reference, with respect to the provision and processing of Personal Data as defined in the DPA. Techo will use appropriate technical and organizational measures in the Services to protect the Customer Data from unauthorized access, processing, loss, or disclosure. Techo measures are designed to provide a level of security appropriate to the risk of processing the Customer Data within the Services. The customer understands that Techo and its Affiliates will process Customer Data in accordance with applicable data protection laws, this Agreement, including the DPA, and the Privacy Notice.
Ownership Rights Customer Data is Customer’s Confidential Information under this Agreement. Customer and its licensors retain all right, title, and interest in and to the Customer Data and all of Customer’s Confidential Information provided under this Agreement, and Techo obtains no rights in the foregoing except for the express rights granted in this Agreement and the Privacy Notice. Techo and its licensors retain all right, titles, and interests in and to Techo Digital. Customer acknowledges that the Services are offered as online, hosted solutions, and that Customer has no right to obtain a copy of the underlying computer code for any Services, except (if applicable) for any downloadable Software, in object code format. Techo may freely use and incorporate into Techo’s products and services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by Customers or by any Users or End Users relating to Techo products or services. Feedback and any other suggestions are provided by Customer exclusively “AS IS,” in Customer’s sole discretion, and will not be used by Techo in any way that identifies or permits identification of Customer, its Affiliates, Users, or End Users.
Usage Data Usage Data includes but is not limited to query logs, and any data (other than Customer Data) relating to the operation, support, and/or about Customer’s use of the Services, Software, Techo’ websites, Techo’ APIs, or the Techo marketplace (“Usage Data”). Notwithstanding anything to the contrary in this Agreement, Techo may collect and use Usage Data to develop, improve, support, and operate its products and services. Techo may share Usage Data that includes Customer’s Confidential Information with third parties to the extent necessary to provide the Service and in accordance with Section 7 (Confidentiality) of this Agreement. Techo may also utilize Customer Data for its internal business purposes only to the extent such Customer Data has been aggregated and anonymized such that Customer and Customer’s Users and End Users cannot be identified.
Updates Techo may update the Services and Software from time to time and Customers may receive notifications of Updates. Any Updates to the Services and Software are subject to this Agreement. Customer agrees that its purchase of the Services and Software is neither contingent upon the delivery of any future functionality or features, nor dependent upon any oral or written public comments made by Techo with respect to future functionality or features.
Other Services Certain other services, such as third-party applications, are made available to Customers through the Techo Marketplace or other forums (“Third Party Services”). These Third Party Services may integrate with the Services and are not licensed by Techo pursuant to this Agreement, but are governed by the third-party provider’s terms and conditions and privacy policies that accompany them, which Customer must separately accept. By enabling Third Party Services, Customer understands and agrees that Techo is neither responsible for Customer’s use of these Third Party Services, nor does it provide any warranties whatsoever for these Third-Party Services. Techo is not liable for any damage or loss caused or alleged to be caused by or in connection with Customer’s enablement, access, or use of any such Third Party Services, or Customer’s reliance on the privacy practices, data security processes, or other policies of such Third Party Services. The customer understands that Techo is not responsible for providing technical support for the Third Party Services and that Techo is not responsible for the data hosting and data transfer practices followed by the providers of such Third-Party Services
Fees and Payment
Fees and Payment All charges associated with the Customer’s Account (“Fees”) are set forth in the applicable SOF or Website and are due and payable in full within thirty (30) days from the invoice date or as stated in the applicable SOF. Payment obligations are non-cancelable, regardless of utilization by the Customer and except as expressly permitted in this Agreement, Fees paid are non-refundable. Customers will pay the Fees through an accepted payment method as specified in the applicable SOF or Website. Unless otherwise set forth in the SOF, the Customer’s subscription to the Services will renew automatically for a Subscription Term in accordance with the renewal terms and conditions set forth in Section 6(b) below. During the Term, the Customer may not reduce their Service Plan or User count.
Late Payments If undisputed Fees are more than thirty (30) days overdue, then, following written notification from Techo, Techo may suspend Customer’s access to the Techo Digital, including, without limitation, Customer’s Account, until such unpaid Fees are paid in full.
Payment Disputes Techo will not exercise its rights under Section 5(b) (Late Payments), 6(d) (Termination for Cause), or Section 6(c)(i) (Suspension of Service) with respect to non-payment by Customer if Customer is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute. If the parties are unable to resolve such a dispute within thirty (30) days, each party will have the right to seek any remedies it may have under this Agreement, at law or in equity, irrespective of any terms that would limit remedies on account of a dispute. For clarity, any undisputed amounts must be paid in full.
Applicable Taxes The Fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Customer agrees to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent, Techo is legally required to collect the same, will be itemized on the Techo invoice. If Customer has an obligation to withhold any amounts under any law or tax regime, Customer will gross up the payments so that the Techo receives the amount actually quoted and invoiced. If Techo has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount will be invoiced and paid by the Customer, unless, prior to the invoice date, the Customer provides Techo with a valid tax exemption certificate authorized by the appropriate taxing authority.
Orders by Affiliates Customer’s Affiliates may purchase Services directly from Techo by executing a SOF which is governed by the terms of this Agreement. Such SOF will establish a new and separate agreement between the Customer’s Affiliate and the Techo entity signing such SOF. If the Affiliate resides in a different country than the Customer, then the SOF may include modifications to terms applicable to the transaction(s) (including but not limited to tax terms and governing law).
Purchases from Channel Partners Customer may procure the use of any Services, Software, or Mobile Apps from a third-party authorized reseller of Techo, including third-party marketplaces (“Channel Partner”) pursuant to a separate agreement with the Channel Partner. Customer’s use of any Services, Software, or Mobile Apps procured through a Channel Partner will be subject to the terms of this Agreement, and all fees payable (including applicable taxes) for such use will be payable to the Channel Partner pursuant to the terms agreed to between Customer and Channel Partner. Customer understands and agrees that, if Customer purchased the Services, Software, or Mobile Apps subscriptions via a Channel Partner, service credits and refunds payable under this Agreement may be payable or applied by Channel Partner acting on behalf of Techo in proportion to the fees paid by Customer to the Channel Partner, and the discharge by the Channel Partner of such obligations will relieve Techo of the same under this Agreement
Term, Termination, and Suspension
Term This Agreement is effective as of the Effective Date (or, for online Customers, the date of sign up on the Website) and will continue through the then-current Subscription Term. Service Plans commence on the start date specified in the relevant SOF (or, for online Customers, the date of signing up on the Website) and continue for the Subscription Term specified therein
Renewal Unless a party gives written notice of non-renewal at least sixty (60) days prior to the expiration of the relevant Subscription Term, Service Plans will automatically renew for a period equal to the previous Subscription Term or one year (whichever is shorter). Tech reserves the right to increase the Fees at the beginning of each Subscription Term.
Suspension Techo may suspend Customer’s access to the Services, Software, Mobile Apps and/or Customer’s Account, on the following grounds: (i) late payment/non-payment of undisputed Fees, per the process noted in Section 5(b) above; (ii) non-renewal of the Services by Customer; (iii) Customer’s or its Users’ breach of Section 2 (Use Restrictions); or (iv) in the event suspension is deemed necessary by Techo to prevent or address the introduction of Malicious Software (as defined in Section 8.b below), a security incident, or other harm to Customer, Techo, or Techo' other customers. Techo will notify the Customer of any such suspension. Techo will use diligent efforts to attempt to limit, where commercially feasible, the suspension to affected Users or Techo Digital, and will immediately restore the availability of the same as soon as the issues leading to the suspension are resolved. Such suspension will in no way affect the Customer’s other obligations under this Agreement.
Termination for Cause Either party may terminate this Agreement by written notice to the other party in the event that (i) such other party materially breaches this Agreement and does not cure such breach within thirty (30) days of such notice, or (ii) immediately in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Free Trial Customers Upon the expiration of the Customer’s free trial, Techo may immediately suspend the Customer’s access to the Services. Customers must export Customer Data before the end of the free trial or Customer Data will be permanently deleted. Techo will have no obligation to maintain, store or otherwise retain Customer Data beyond the end of the free trial period.
Data Export Upon termination or expiration of this Agreement or any SOF for any reason, Customer’s access to the Services, Software, Mobile Apps, APIs, and other Techo Digital will terminate. Techo strongly recommends that the Customer export all Customer Data before the Customer closes the Customer’s Account. Customer agrees, following the termination or expiration of this Agreement or an unrenewed Subscription Term, that Customer Data will be retained or deleted in accordance with the Supplemental Terms, as applicable to Customer. Where Customer Data is retained by Techo and can be exported, and provided that Customer is current on its payment obligations as described in Section 5, Customer may contact Techo within fourteen (14) days following the effective date of termination to have Techo export Customer’s Customer Data. Customer Data cannot be recovered once it is deleted.
Each party will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as it protects its own Confidential Information of similar nature or importance, and in any event, using no less than reasonable care. Except as otherwise expressly permitted pursuant to this Agreement, the receiving party may use the disclosing party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement and will disclose such Confidential Information solely to those of its respective employees, representatives, and agents who have a need to know such Confidential Information for such purposes and who are bound by obligations to maintain the confidentiality of, and not misuse such Confidential Information. The provisions of this section will supersede any non-disclosure agreement by and between the parties entered into prior to this Agreement that would purport to address the confidentiality of any information shared by the parties, including Customer Data, and such agreement will have no further force or effect with respect to the foregoing. If the receiving party is required by law or court order to disclose Confidential Information of the disclosing party, then the receiving party will, to the extent legally permitted, provide the disclosing party with the advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The receiving party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the receiving party, the disclosing party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
Warranties/Disclaimer of Warranties
Service Warranty Techo warrants that the Services, Software, or Mobile Apps will perform in all material respects in accordance with the Documentation. Provided that Customer provides written notice of a claim within thirty (30) days after first becoming aware of a breach of the foregoing warranty, Techo will use diligent efforts to correct the Services, Software, or Mobile Apps so the foregoing warranty is met, and if Techo is unable to make such corrections in a timely manner, either party may terminate the applicable SOF, and Customer, as its sole and exclusive remedy, will be entitled to receive a refund of any unused Fees that Customer has pre-paid for the applicable Services, Software or Mobile Apps purchased thereunder. This warranty will not apply if the error or non-conformance was caused by Customer’s breach of this Agreement or Customer’s or its Users’ misuse of the Services, Software, and Mobile Apps, modifications to the Services, Software, and Mobile Apps by anyone other than Techo or its representatives, or third-party hardware, software, or services used in connection with the Services, Software, and Mobile Apps
Malware Warranty Techo warrants that the Services hosted by Techo will be monitored using commercially available means to attempt to detect and prevent the introduction of any computer instructions, circuitry, or other technology means whose purpose or effect is to disrupt, damage, or interfere with the authorized use of, or allow access to, the computer and communications facilities or equipment of Techo or Customer, including, without limitation, any code containing viruses, Trojan horses, worms, backdoors, trap doors, time-out devices or similar destructive or harmful code or code that self-replicates (collectively, “Malicious Software”).
Warranty Disclaimer Except as expressly set forth in this agreement, neither party makes any other warranties, express or implied, statutory or otherwise, and all such warranties are hereby disclaimed, including but not limited to warranties or merchantability, title, fitness for a particular purpose, or non-infringement.
Limitation of Liability
subject to applicable law and notwithstanding anything else in this agreement, in no event will either party be liable for special, incidental, indirect or consequential damages (including without limitation downtime costs, loss of data, restoration costs, lost profits, or cost of cover) regardless of whether such claims are based on contract, tort, warranty or any other legal theory.
except for an action brought for gross negligence, willful misconduct, fraud, data claims or ip claims, each party’s aggregate liability and that of its affiliates, officers, employees, agents, suppliers, and licensors, under this agreement will not exceed the fees received or payable to techo in the twelve months preceding the claim (“the general liability cap”).
in the case of ip claims and data claims, techo and its affiliates’ total liability to the customer and its affiliates for all such claims in the aggregate (for damages or liability of any type) will not exceed two times (2x) the general liability cap (“supercap”).
in no event will either party (or its respective affiliates) be liable for the same event under both the general liability cap and the supercap. similarly, the foregoing caps will not be cumulative; if a party (and/or its affiliates) has one or more claims subject to each of those caps, the maximum total liability for all claims in the aggregate will not exceed the applicable cap
the parties agree that this section 9 will apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. the applicable monetary caps set forth in this section will apply across this agreement and any and all separate agreement(s) on an aggregated basis, without regard to whether any individual customer affiliates have executed a separate SOF
Indemnification by Techo Techo will defend Customer and its Affiliates, from any third party claim alleging that Customer’s use of the Techo Digital as contemplated hereunder infringes such third party’s patent, copyright, and/or trademark intellectual property rights (an “IP Claim”), and will indemnify and hold harmless Customer and its Affiliates from and against any damages and costs awarded against Customer or its Affiliates, or agreed in settlement by Techo (including reasonable attorneys’ fees) resulting from such IP Claim. Techo will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by (i) unauthorized use of the Techo Digital by Customer, its Affiliates or Users; (ii) modification of the Techo Digital by anyone other than Techo or its representatives; or (iii) the combination, operation or use of the Techo Digital with other data, hardware or software not provided by Techo. If Customer’s use of the Techo Digital results (or in Techo's opinion is likely to result) in an IP Claim, Techo may at its own option and expense (a) procure for Customer the right to continue using the foregoing items as set forth hereunder; (b) replace or modify them to make them non-infringing; or (c) if options (a) or (b) are not commercially reasonable as determined by Techo, then either Customer or Techo may terminate Customer’s subscription to the Service, whereupon Techo will refund Customer, on a pro-rated basis, any Fees Customer has previously paid Techo for the corresponding unused portion. The sections above state Techo’s entire liability and the Customer’s exclusive remedy with respect to an IP Claim.
Indemnification by Customer Customer will defend Techo and its Affiliates from any third party claim (“Claim”), and will indemnify and hold harmless Techo and its Affiliates from and against any damages and costs awarded against Techo and its Affiliates, or agreed in settlement by Customer (including reasonable attorneys’ fees) resulting from such Claim, to the extent caused by: (i) Customer’s or its Affiliate’s unauthorized supply, disclosure, or processing of Customer Data, including Personal Data therein, or (ii) Customer’s or its Affiliate’s violation of laws applicable to Customer’s or its Affiliate’s business.
Indemnification Procedures In the event of a potential indemnity obligation under this Section 10, the indemnified party will: (i) promptly notify the indemnifying party in writing of the claim, (ii) allow the indemnifying party the right to control the investigation, defense and settlement (if applicable) of such claim at the indemnifying party’s sole cost and expense, and (iii) upon request of the indemnifying party, provide all necessary cooperation at the indemnifying party’s expense. Failure by the indemnified party to notify the indemnifying party of a claim under this Section will not relieve the indemnifying party of its obligations under this Section, however, the indemnifying party will not be liable for any litigation expenses that the indemnified party incurred prior to the time when notice is given or for any damages and/or costs resulting from any material prejudice caused by the delay or failure to provide notice to the indemnifying party in accordance with this Section. The indemnifying party may not settle any claim that would bind the indemnified party to any obligation (other than payment covered by the indemnifying party or ceasing to use infringing materials) or require any admission of fault by the indemnified party, without the indemnified party’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. Any indemnification obligation under this Section 10 will not apply if the indemnified party settles or makes any admission with respect to a claim without the indemnifying party’s prior written consent.
Use of Third Parties for Payment Processing Techo may use a third-party service provider to manage payment processing provided that such service provider is not permitted to store, retain, or use Customer’s payment account information except to process Customer’s payment information for Techo. Customer must notify Techo of any change in the Customer’s payment account information, either by updating the Customer’s Account or by e-mailing Techo support@Techo.net.in
Assignment Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (including all SOFs), without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section will be null and void.
Entire Agreement This Agreement, together with any SOF, the Privacy Notice, and Supplemental Terms, constitutes the entire agreement and supersedes any and all prior agreements or communications between Customer and Techo regarding the subject matter hereof. In the event of a conflict between the Privacy Notice, the Supplemental Terms, or any SOF or purchase order and this Agreement, the order of precedence will be, first, the Privacy Notice, second, the SOF, third, the Supplemental Terms, and fourth, this Agreement. If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be modified by the court and interpreted so as to best accomplish the original provision, and the remaining provisions of this Agreement will remain in effect.
Publicity Rights Techo may identify Customer as a Techo customer in its promotional material. Customers may request that Techo stop doing so by submitting an email to email@example.com at any time. Please note that it may take us up to thirty (30) days to process a request.
Relationship of the Parties The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship among the parties.
Survival Sections 2.b (Use Restrictions), 4 (Intellectual Property), 5 (Fees and Payment), 6 (Term, Termination and Suspension), 7 (Confidentiality), 8.c (Warranty Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), 11.c (Entire Agreement), 11.f (Survival), 11.g. (Notices), 11.j (Governing Law) and 11.k (Dispute Resolution) and 12 (Definitions) will survive any termination of termination of the Agreement. Termination of this Agreement will not limit either party’s liability for obligations accrued as of or prior to such termination or for any breach of this Agreement.
Notices All notices to be provided by one party to the other under this Agreement may be delivered in writing by (i) nationally recognized overnight delivery service or US mail to the mailing address provided on the SOF; or (ii) electronic mail to the e-mail address provided for Customer’s Account. The address for a notice to Techo is: Techo Digital, 161, Sector-86, Mohali, PB with a copy firstname.lastname@example.org by electronic mail. All notices will be deemed to have been given immediately upon delivery by electronic mail if otherwise delivered upon receipt, or, if earlier, five (5) business days after being deposited in the mail or with a Courier as permitted above.
Anti-Corruption Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Customer learns of any violation of the above restriction, Customer will use reasonable efforts to promptly notify Techo at email@example.com
Force Majeure Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to, acts of God, acts of government, acts of terror or civil unrest, Internet failures, or acts undertaken by third parties not under the performing party’s control, including, without limitation, denial of service attacks (“Force Majeure Event”). In the event that a Force Majeure Event continues for a period of thirty (30) consecutive days, the other party may terminate this Agreement and all SOFs on written notice to the non-performing party. If Techo is the party experiencing the Force Majeure Event and as a result, thereof is unable to provide the Services, Software or Mobile Apps for the period noted herein, and Customer terminates this Agreement and all SOFs, then Techo will provide Customer a refund of fees paid by Customer pro-rated as of the date the Force Majeure Event commenced.
Governing Law This Agreement is governed by the laws of land without regard to conflict of laws principles. The parties hereby submit to the exclusive personal jurisdiction of the courts of the Mohali for any claims or dispute relating to this Agreement.
Dispute Resolution.Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by arbitration in Chandigarh. The arbitration will be administered by The Arbitration and Conciliation Act of India on the Award may be entered in any court having jurisdiction. This section will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Account means any accounts or instances created by or on behalf of Customer for access to and use of any of the Services.
Affiliate or Subsidiary means, with respect to a party to this Agreement, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
Confidential Information means all information disclosed by one party to the other party, orally, in writing or electronically, that is designated as “confidential” (or with a similar legend), or which a reasonable person should understand to be confidential given the nature of the information and circumstances of disclosure. Confidential Information does not include any information that: (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without the use of or reference to the disclosing party’s Confidential Information.
Customer Data means, all electronic data, text, messages, or other materials, including, without limitation, Personal Data of Users and End Users, submitted to the Services by Customer or its Users through Customer’s Account in connection with Customer’s use of the Services.
Data Claims means any claims arising from either (a) a party’s breach of Section 3 (Customer Data), Section 7 (Confidentiality), the DPA, the BAA (if applicable), or the Privacy Notice, where such breach results in the unauthorized disclosure of Customer Data, or (b) breach of Section 2 (b) (Use Restrictions).
Documentation means, the then-current, generally available user documentation provided by Techo detailing the functionalities of the Software and the Services.
End User means, any person or entity other than Customer or Customer’s Users with whom Customer interacts using the Services.
Techo Digital means, (i) the Services, Software, Mobile Apps, Documentation, Techo’ APIs, Techo’ website(s) and any content published on the Techo’ websites, (ii) any training materials, support materials, templates, tools, methodologies or know-how, (iii) Techo’ Confidential Information and (iv) any modifications or derivative works of the foregoing.
Mobile App means, the Techo-branded Software applications provided by Techo to enable access and use of the Services through a mobile or other handheld devices (such as apps on iOS or Android devices).
Personal Data means, data relating to an individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (as defined under applicable data protection laws).
Professional Services Agreementmeans, Techo’ professional services agreement located at www.Techo.com/terms/professional-services, as updated from time to time.
Privacy Noticemeans, Techo’ privacy notice currently at www.Techo.com/privacy, as updated from time to time.
Service Order Form or SOF means, (i) any service order referencing this Agreement and executed by Customer and Techo, or (ii) any online ordering document or process completed by Customer, including any online registration through a Website, each of which detail, the Services subscribed to and corresponding Service Plans, the number of Users authorized to use the Services, Fees payable to Techo, the applicable Subscription Term, and any relevant additional terms and conditions. This may also include any change order forms.
Services means, the Techo software-based service offerings identified on the SOF and any Updates, including any Software, API, or Documentation made available by Techo with such offering, but excludes any applications or APIs separately provided by third parties.
Service Plans means, the pricing plans and other packaged offering limitations for and the applicable Services for which Customer subscribes with respect to any User.
Software means the generally available software provided by Techo in connection with the Customer’s use of the Services and includes Mobile Apps but excludes any applications or APIs that are provided by third parties
Subscription Term means, the period stated on a SOF during which the Customer subscribes to the Services
Supplemental Terms means, the Services specific terms found, which are located currently at https://www.Techo.com/terms/supplemental-terms/.
Update means, the generally available updates, upgrades, hotfixes, patches, workarounds to the Software or Service provided by Techo to all subscribing customers, but excludes separately priced new products or modules.
User or Agent means any individual who is authorized by Customer to use the Services, including an Account administrator, employees, consultants, contractors, and agents of Customer or its Affiliates, and third parties with which Customer or its Affiliates transact business.