Terms of Service
Terms of Use
We are OneBI ("Company," "we," "us," "our"). We operate In software products, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by email at contact@onebi.com or by mail to OU 505, esplanade,Rasulgarh,Bhubaneswar.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Your submissions
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- you have the legal capacity and you agree to comply with these Legal Terms;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Services for any illegal or unauthorized purpose; and
- your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use the Services to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use and enjoyment of the Services.
- Engage in any automated use of the system, such as data mining, robots, scrapers, or similar tools.
- Attempt to impersonate another user or person or use the username of another user.
- Attempt to bypass measures designed to prevent or restrict access to the Services.
- Copy or adapt the Services' software (Flash, PHP, HTML, JavaScript, or other code) except as allowed by applicable law.
5. USER GENERATED CONTRIBUTIONS
The Services may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to or on the Services ("Contributions"). When you create or make available any Contributions, you thereby represent and warrant that they comply with applicable law and these Legal Terms.
Note: In your original draft you state "The Services does not offer users to submit or post content." — make sure to adapt this clause to reflect whether your Services actually accept user content or not.
6. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- monitor the Services for violations of these Legal Terms;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms;
- refuse, restrict access to, limit the availability of, or disable any of your Contributions;
- remove or disable files and content that are excessive in size or burdensome to our systems; and
- manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
8. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, update, or remove any part of the Services at any time and for any reason, at our sole discretion and without prior notice. We shall not be held liable to you or to any third party for any such modification, price change, suspension, or discontinuance of the Services.
While we strive to ensure the uninterrupted operation of our Services, we cannot guarantee continuous or error-free access. From time to time, we may need to perform maintenance, upgrades, or experience technical difficulties that could result in interruptions, delays, or temporary unavailability. You acknowledge and agree that Onebi Software LLP shall not be liable for any loss, damage, or inconvenience caused by such downtime, delays, or discontinuance of the Services.
10. GOVERNING LAW
These Legal Terms shall be governed by and construed in accordance with the laws of India. Onebi Software LLP and you irrevocably agree that the courts located in Bhubaneswar, Odisha, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Legal Terms or their subject matter.
11. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control costs, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded) informally for at least 30 days before initiating arbitration.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC. The number of arbitrators shall be . The seat of arbitration shall be In India. The language of the proceedings shall be English/Hindi. The governing law of these Legal Terms shall be substantive law of India.
Restrictions
Arbitration shall be limited to the Dispute between the Parties individually. No class actions or representative claims. Exceptions include disputes concerning intellectual property rights, theft, piracy, invasion of privacy, unauthorized use, or claims for injunctive relief.
12. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
13. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We make no warranties about the accuracy or completeness of the Services' content or linked websites and will assume no liability for errors, personal injury, unauthorized access, transmission interruption, bugs, viruses, or any errors or omissions.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain laws may not allow limitation of implied warranties or exclusion of certain damages — those laws will apply where required.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless (including subsidiaries, affiliates, officers, agents, partners, and employees) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other user of the Services.
16. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. We shall have no liability to you for any loss or corruption of such data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.
18. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is severable and does not affect the validity and enforceability of any remaining provisions.
19. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
+91 8093030518
contact@onebi.com
Address: