Welcome to www.infisecure.com (hereinafter referred to as the "Website"). This domain name website and its software services are owned and operated by InfiSecure Technologies Inc, (hereinafter referred to as "Company" where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;), incorporated under the provisions of the Companies Act, 2013, having its registered office at 701, Borbadevi Apartments, Govandi (East), Mumbai, Maharashtra.
You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with any other policies on the website and its services.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its Services without voluntary acceptance following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website and application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
- SERVICES OVERVIEW
InfiSecure is a robust web security platform to detect and block online security threats. It is designed to give online businesses finely tuned control over bot traffic on their websites. It protects businesses from various online threats like content theft, hacking attempts, web scraping, price scraping, account hijacking, carding fraud, form spam and comment spam.
InfiSecure is built with a belief that businesses should be able to enjoy the benefits of the Internet without the fear of risk or compromise. It provides website security to all online businesses including e-commerce, listing websites and classifieds, blogs, digital media and other businesses that collect user and customer data.
Further, You agree to implement the Services of Infisercure, with any documentation or instructions provided by Infisecure, and to ensure that the Services, including the API, are implemented in compliance with all requirements from Infisecure. You are solely responsible for all engineering resources required for such implementation.
Subject to your compliance with these Terms and solely during the Term, Infisecure hereby grants you a non-exclusive, worldwide, non-transferable, non-sub licensable license to make calls from each Site to the API solely using the API key issued to you, and solely to enable data interchange between each Site and the Services.
- SUPPORT SERVICES
- The Services offered by the Website are hosted on the best cloud infrastructure with high availability cluster and disaster recovery.
- In the event of Services downtime, You can automatically timeout the services at a defined time threshold and your site can continue to function without any disruption.
- Infisecure does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime
- caused by outages to any public Internet backbones, networks or servers;
- caused by any failures of customer equipment, systems or local access services; or
- relating to events beyond Infisecure's control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Infisecure or customer servers are located or co-located.
- Infisecure may sub-contract the provision of any of the Support Services without obtaining the consent of You.
- use the Content or any part thereof to develop platform or technologies similar to the products/services of the Company;
- reproduce, republish, modify or alter the Content;
- distribute or sell, rent, lease, license or otherwise make the Content available to others; or
- LIMITED LICENSE
- Subject to the terms and conditions set forth in the Agreements and payment of the applicable fees, Infisecure hereby grants to you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sub licensable, revocable, fee bearing, limited license to access and make personal use of the Website and the Services. The license shall be granted until terminated in accordance with these Terms. Except as specifically permitted by these Terms, you agree not to:
- sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to anyone else;
- modify, disassemble, decompile, reverse engineer, revise or enhance all of any part of the Website or the Services or create any derivative works or otherwise merge or utilize all of any part of the Services or the Website with or into other computer programs or other materials or attempt to discover all or any part of the Website source code; or
- copy, print, display, publish or transmit all or any part of the Website or the Services.
- MEMBERSHIP AND REGISTRATION
To fully use the Website and avail its Services, registration is required. You are required to register Yourself by filling up the contact form providing the following information which inter alia includes Name, Website URL, Address, Phone number, Email id, Designation Etc., Usage of the Services is available only to those above the age of 13 years. barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and InfiSecure Technologies Inc. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services.
Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
- TERM / TERMINATION
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website and its services.
You may terminate your use of the Services at any time by ceasing to use the application or Website. We may terminate these Terms and close your account at any time without notice, if we cease to provide the Services. We may suspend or terminate your use of and access to the application and Website at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The Services availed by the User Developer from the software application and Website have to be paid for according the Invoice sent by the Company for the requested Services. However, We reserve the right to amend the fee policy at any point on the Website for its Services. In the event of such change in policy, it would be effective from the first billing cycle that occurs after the notice. Subsequent to such change, it is the choice of the User whether or not to continue with the Services offered by Us..
The fee for the plan is billed in advance of each billing cycle. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals. There are no refunds. In the event You cancel Your Plan, no refunds or credits will be provided for partial or unused months of the Services. There could be overage charges. Either a separate invoice will be raised for the extra amount which the Client needs to pay with the next month's bill, or the client will be automatically upgraded to the next higher plan which fits the client's usage pattern.
To process financial transactions and Payments to the Company for the Services availed, We use third-party electronic payment processors or service providers (ESPs). ESPs shall inform us through an e-mail of the proof of payment. As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail. The Company accepts the following modes of payment:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction.
- Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
- Visa Debit cards;
- Net banking/Direct Debit payments from select banks in India
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website and software Application. There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet e-commerce.
- USER'S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are at least 18 years of age.
- You hereby agree to provide genuine credentials during the use of the Services of the Website. You shall not use a fictitious identity while availing the Services offered by the Website.
- You agree to ensure the email address provided to the Application is valid at all times and shall keep your contact information accurate and up-to-date.
- You agree to comply with all local laws and regulations governing the use of the Website and its Services, including, without limitation to, any usage rules set forth in this Agreement.
- You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained
- access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its Services, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and its Services is prohibited. You acknowledge and agree that by accessing or using the Website or, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
- use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (a) Company's Services; (b) any other party's use and enjoyment of Company's Services; or (c) the Services of any Third Party (including, without limitation to, the Authorized Device);
- use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's mobile phone, systems, devises and software solutions that are extentions of the Website;
- download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
- probe, scan or test the vulnerability of the Website or any network, devises and software solutions to the Website, nor breach the security or authentication measures on the Website or any network, devises and software solutions connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website and its Services;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers, software solutions or networks connected to or accessible through the Website or any affiliated or linked Websites;
- violate any applicable laws or regulations for the time being in force within or outside your home country;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- disseminate information through the Website that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or outside your home country.
- INTELLECTUAL PROPERTY RIGHTS
- All rights related to the Website/Services including but not limited to its design, text, graphics and other content, the selection and arrangements are licensed to the Developer. The Content of this Website and its Services is protected by international copyright laws and other intellectual property rights. All Company names and logos mentioned in this Website and its Services are the trademarks, service-marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the Website, its Services or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent, except where expressly invited to do so.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other services or processes accessible through the Website, not to insert any code or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
- GEOGRAPHICAL EXTENT
The Website and its services can be used in all countries worldwide. We make no representation that materials or Content available through our Website and its Services is appropriate or available for use outside any of these countries. If You access or use the Website or its services from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Website or its services.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
The Company has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and Us both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or Services shall be subject to the terms and conditions of this Agreement.
- DISCLAIMER OF WARRANTIES AND LIABLITIES
- THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE MAKES NO WARRANTY THAT:
THE WEBSITE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR SERVICES OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AND DATA AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
INDEMNITY AND LIMITATIONS
- THE USER'S REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
THIRD PARTY CONTENT
- You agree to indemnify, hold harmless, and defend Us, at your expense, from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
- Your use or any Third Party's use via Your account of the Service provided by the Website, its Services and its Content;
- Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
DISPUTES ARISING OUT OF THIS AGREEMENT
- Third party content and materials may appear on the Website or its Servcies or may be accessible via hyperlinks from the Website and its Services. We are not responsible for and assume no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content and materials appearing on the Website, its Services or accessible via hyperlinks from the Website or its Services.
- You acknowledge that when the Website, its Services or Third Parties may provide, any links to other websites, we have no control over such sites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide whom the final mediator is. The decision of the mediator is not binding on both parties.
Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members - one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Maharashtra. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Maharashtra, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in the State of Maharashtra, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or by sending an email to email@example.com
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Liability: The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Website.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
- Contact us: If you have any questions about this Agreement, the practices of the Company, or your experience with the Services, you can e-mail us at firstname.lastname@example.org.