Terms of conditions listed below refer to the SalesDiary client application as well as the SalesDiary website (hereinafter referred to as ‘SalesDiary’ or ‘SD’). The SalesDiary is a service offered by the service provider(hereinafter ‘Appobile Labs Pvt Ltd’  or ‘Appslab’). General conditions of use apply to all SalesDiary users and site visitors.

The user (‘user’) is any legal or individual person who is using SalesDiary client application and/or assigned a username and a password for accessing the SalesDiary website/dashboard.

By accessing any part of the SalesDiary, the user agree to abide by these Terms and Conditions of Use. 

Agreement

This agreement describes the terms governing the user’s use of the SalesDiary and related services provided to the user on this website, including content, updates and new releases, (collectively, the “Services”). It includesby reference, Appobile Labs’s Privacy Statement available on this website or provided to the user in writing for the Services the user selected.

Use

SalesDiary is protected by copyright, trade secret, and other intellectual property laws. The user(s) are only granted the right to use the Services, and Appslab reserves all rights of ownership in the Services not grantedto the user in writing here. As long as the user meet any applicable payment obligations and comply with this agreement, Appslab grants to the user a personal, limited, non exclusive, non transferable right (except as expressly stated herein) to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by SalesDiary on the website for the Services.

Appobile Labs Pvt Ltd maintains the SalesDiary and further strives to ensure the system’s availability (‘up time’) 24 hours a day, all year round. The SalesDiary functions within the specifications and purposes of the program, in a manner that Appslab has described in great detail in documents widely accessible to the public. Appslab does not bear responsibility for any disturbances and interruptions due to connectivity issues or for any other occurrences beyond their direct control. Appslab shall not, at any time, be liable for any damage or loss of any kind, caused as a result of the improper use of the SalesDiary, due to inadequate equipment or the inability to use it in the right way. Appslab shall in no way be liable for any damage arising from the inability to connect to the  SalesDiary for the aforementioned reasons.

In using the SalesDiary, the user agrees:

• Not to use false identities and/or use the system in an unauthorized manner, on behalf of any legal or private person
• Not to use the SalesDiary for achieving any illegal goals
• Not to obstruct the networks, which are needed to provide the service
• Not to use any device, software, program or other means in order to obstruct the functioning of the web page, and not to obstruct transactions which are offered by the SalesDiary
• Not to take any action which could damage the infrastructure of the SalesDiary
• Not to use any tool to automate the access to the system (agents, robots…), for any reason.

Appslab reserves the right to restrict the user’s access to the SalesDiary, at any time, if the user violates any of the aforementioned regulations.

Trial Period

If the user(s) registered for a trial use of the Services (“Trial Period”), he/she/they must decide to purchase the Services within the Trial Period in order to retain any Content (defined in Section 6) that he/she/they have posted or uploaded during the Trial Period. If the user do not purchase the Services by the end of the Trial Period, his/her/their content will no longer be made available, and Appslab will not be responsible for any of it.

To be very clear, after using the Services during the trial period, if user(s) decide not to purchase the full version of the Services, he/she/they will not be able to access or retrieve any of the data they added/created during the trial.

Content

The users are responsible for their content. The user are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through their use of the Services. The user grant Appslab a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide the user with the Services. The user agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. The user(s) is encouraged to archive his/her/their Content regularly and frequently. The user is responsible for any Content that may be lost or unrecoverable through the user’s use of the Services. The user must provide all required and appropriate warnings, information and disclosure. The user agree that The user will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Appslab is not responsible for the Content or data The user submits on the website.

The user agrees not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

1. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;

2. Content or data that would impersonate someone else or falsely represent the user’s identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any thirdparty without their consent (or a parent’s consent in the case of a minor);

3. Except as otherwise permitted by Appslab in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

4. Virus, trojan horse, worm or other disruptive or harmful software or data;

and

5. Any information, software or Content which is not legally the user’s and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

Community Forums

The Services may include a community forum to exchange information with other users of the Services and the public. The user agrees to use respect when he/she interact with other users. Appslab does not support and is not responsible for the accuracy of others’ content in these community forums. The user agrees not to reveal information in the community forum that he/she do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Appslab is not responsible.

Appslab may freely use feedback of the users

The user agree that SalesDiary or Appslab may use his/her feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials.

The user grant Appslab a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback he/she provide to SalesDiary and/or Appslab in any way.

Appslab may monitor users’ content from time to time

Appslab may, but has no obligation to, monitor content on the Services.We may disclose any information necessary or appropriate to satisfy our legal obligations, protect SalesDiary or its customers, or operate the Services properly. Appslab, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

Permitted disclosures and Use of Data

The user acknowledges and agrees that in order to provide him/her with access to and use of the Software and Services, Appslab may provide his/her Access Information and Account Data to

(i) his/her/their employee or agent who is identified in the Registration Data as the current system administrator for the user’s account (the “Current Administrator”),

(ii) such other employee or agent who may be designated by the user as a replacement administrator for the user’s account by following the procedures required by Appslab to effectuate such replacement,

and

(iii) any other person identified as an authorized user of the Software in the set-up interview form or in any subsequent communication to Appslab (collectively, “Information Recipients”).

Customer Support

Appobile Labs Pvt Ltd, being the sole provider of the SalesDiary service, is responsible for offering customer service to its users. SalesDiary may contact customer support at any time, provided that their subscription to SalesDiary is still active.

Our support services predominantly serve the following needs:

• Correction of mistakes made during the installation of the program’s equipment of the provider
• Assistance with applications that are part of the SalesDiary via e-mail (the address of the user support) and/or by telephone.
• In the unlikely scenario that a user spots any bugs or other kinds of errors in the system, he is to report immediately such finding to Appobile Labs Pvt Ltd  

The latter in turn commits itself to fix any bugs and correct any errors in the shortest amount of time possible. Appslab shall not bear responsibility for any damage a user might incur as a result of these inconveniences.

Software Updates

From time to time, the SalesDiary service software may be updated. These updates are predominantly intended to improve, upgrade and further enhance  SalesDiary’s service. Updates may consist of files for eliminating mistakes,files with upgraded functions, new software modules and completely new versions of the software.

In order to facilitate the updating process, the download of new files from the provider’s server occurs automatically on the users’ smartphones. The user agrees to accept these files and to install them on his mobile device as part of the SalesDiary.

Payments and System Usage Costs

The SalesDiary is available exclusively as a paid service. In order to use the system, a user must first first sign an agreement for use of the SalesDiary. The service provider will charge for the costs of using the SalesDiary  according to the tariffs valid on the day when the service is used or in compliance with the tariffs defined in the agreement.

Cancellation of Services

Appobile Labs Pvt Ltd reserves the right to terminate offering the SalesDiary service to any and all users that violate the terms and conditions of usage.

Appslab may temporarily suspend the services of the SalesDiary to the users if they fail to settle the payments that they owe to the service provider.

The user has the right to cancel using the services of the SalesDiary at any time by submitting a written request for the termination of the agreement, unless otherwise agreed differently.

Security of access, security and data protection

Appobile Labs Pvt Ltd reserves the right to collect statistics concerning the access and usage of the SalesDiary. Appslab will use all available technical and economically justifiable means to protect the user’s business data from unauthorized access by other persons. In no event shall Appslab be responsible for legal or illegal breaches of a user’s personal data and their disclosure to a third person (by way of a court decision, by breaking into the system, etc.)

Appslab will make sure that all internal associates are familiar with the proceedings and regulations for the security of data. In order to provide necessary security of data, the user will be entirely responsible for maintaining the confidentiality of his usernames and passwords, and he will, by no means, forward them to other legal and private persons. In case a password is lost or stolen, the user agrees to notify Appslab immediately,who, in that case only, will issue a new password and check for any intrusions.

Users failing to comply with the guidelines concerning passwords safety shall be liable for any possible damage resulting from the destruction or unwanted disclosure of their business data.

The user(s) can view SalesDiary’s Privacy Statement on the website, or via a link on the website for the Services he/she/it/they have selected. The user agree to be bound by the applicable SalesDiary’s Privacy Statement, subject to change in accordance with its terms. Most importantly, The user agrees:

1. To Appslab maintaining the user’s data according to the SalesDiary’s Privacy Statement, as part of the Services.

2. To give Appslab permission to aggregate the user’s uploaded, non-personally identifiable account data with that of other users of the Service. By way of example, this means that Appslab may use that aggregated data to improve services, design promotions, or provide ways for The user to compare business practices with other users.

3. Appslab is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections. When the user agrees to these Terms of Service, the user agrees to this practice.

Limitation of Liability

Appobile Labs Pvt Ltd hereby states that all information and services offered on their web pages are on an “as is”, “as available” basis without warranties of any kind on their availability and regularity i.e. its purpose.

The user utilizes the SalesDiary web/mobile application at his sole risk. In no event shall Appslab be liable for any direct or indirect losses or damages arising out of or in connection with his use of or inability to usethe information and/or services from this site, i.e. because of the possible mistakes or incorrect information which could be found on the site.

Appslab is continually working on offering the maximum in terms of technical correctness on their web pages. In no event shall Appslab be liable for any direct or indirect losses, damages or inconveniences arising out of possible technical difficulties or interrupted work.

Appslab hereby guarantees for the adequate equipment solely, and shall not be liable for any irregularity or unlawfulness, arising out of the use of inadequate equipment or the user’s inability to utilize it.

The user agrees to indemnify and hold Appslab and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of The user’s use of theServices or breach of this Agreement (collectively referred to as “Claims”). Appslab reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. The user agree toreasonably cooperate as requested by Appslab in the defense of any Claims.

Governing Law

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

the Indian Contract Act, 1872,the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

Contact Information Grievance Officer

If a User has any questions concerning SalesDiary App or the Website, this Agreement, the Services, or anything related to any of the foregoing, SalesDiary customer support can be reached at the following email address: support@appslab.in or via the contact information available from the following hyperlink: salesdiary.in/page/contactus .

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Drupad Raja

Address: Appobile Labs Pvt.Ltd, 2nd floor, Manu Plaza, 3rd Cross, 9th Main Road, HRBR Layout Kalyan Nagar Bangalore – 560043

Email: support@appslab.in

Telephone: +91 9480439477

Final Regulations

Appobile Labs Pvt Ltd reserves the right to alter general conditions of their business conduct and tariffs without any previous consent from its users. In case the user does not agree with any of these changes, he may cancel the agreement at any time.

The contractual parties accept to solve all disputes, which could arise from their relationship, by mutual agreement. If an agreement is not possible, they shall refer to Court in Bangalore, India for resolving the dispute. Legal regulations of Bangalore apply for any legal relationships arising from these conditions.

Bangalore, Karnataka,

September 1st, 2017