Terms of Service

Effective August 1 2022

Table Of Contents:

• Introduction
• Modification of Services Provided
• Registration for the Service
• Privacy Policy
• Advertisement Content
• HamaraCloud Service Availability
• HamaraCloud Advertisment Content and Links
• Fees and Refund Policy
• Indemnity
• Use and Storage
• Termination
• Intellectual Property Rights
• Warranty Disclaimers and Limitations of Liability
• Digital Millennium Copyright Act
• Additional Provisions

Introduction

The following Terms of Use outline your obligations when using HamaraCloud services. You can also review our Privacy Policy, which outlines our obligations and practices towards the handling of information that you may provide to us.

By using HamaraCloud Services, provided by Carizen Software (P) Ltd., hereon referred to as 'Provider', you acknowledge that you have read and agree to abide by the terms described herein. If you do not agree to such terms, you should cease using HamaraCloud services immediately.

Provider may update these Service Terms from time to time without notice. All such guidelines and policies are incorporated by reference into the Service Terms.

Modification of Services Provided

Provider agrees to provide Email Messaging services (hereafter referred to as Service). Services may also include communications from Provider, including, but not limited to announcements, administrative messages, newsletter, advertisements and such communications. You may not be able to opt out of receiving these items. Features, services or other items subsequently added to the Services shall be subject to the Service Terms.

Provider reserves the right at any time to modify or discontinue the Services, or any part thereof, without notice. You agree that Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Registration for the Service

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and that you have read and understand these Terms of Service. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration process (the Registration Data); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider has the right to suspend or terminate your account immediately and refuse any and all current or future use of the Services (or any portion thereof).

Privacy Policy

Registration Information and certain other information about you is subject to our Privacy Policy incorporated by reference and subject to change from time to time.

Advertisement Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Materials) regardless of source of origin, are the sole responsibility of the entity where such Materials originate. Provider is not responsible for Materials uploaded, downloaded, posted, transmitted, or otherwise accessible through the Services. Provider does not control Materials and does not guarantee the accuracy, integrity or quality of Materials. Provider is not liable for any Material or for any liability, loss or damage from the Materials or use of any Material or Services.

You agree to not use the Service to: (a) upload, email, transmit or otherwise make available any material that is unlawful, harmful, abusive, harassing, tortuous, defamatory, obscene, invasive of another's privacy, or racially, ethnically or otherwise objectionable or for which you do not have the right to upload, email, transmit or otherwise make available; (b) impersonate any entity, including, but not limited to, a Provider employee or agent, or falsely state or otherwise misrepresent your affiliation with any entity, including the Carizen Software (P) Ltd.; (c) upload, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including the Carizen Software (P) Ltd.; (d) upload, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (e) upload, email, transmit or otherwise make available any material that contains any computer readable instructions, files or programs designed to or has the effect of interrupting, destroying or limiting the functionality of any computer software or hardware or telecommunications equipment; (f) violate any applicable local, state, national or international law, intentionally, or unintentionally, including, but not limited to, regulations promulgated by the Securities and Exchange Commission, county or other municipal regulations, as well as any other regulations having the force of law; and (g) collect or store personal data about other users, including but not limited to the name, addresses, e-mail address, telephone number of other identifying or contact information.

Provider and its assignees shall have the right to remove any Material that violates the Agreement or is otherwise objectionable and may, at its sole discretion, delete, inactivate, or terminate your account.

HamaraCloud service availability

Provider will use commercial best efforts to provide its Customers with 100% Uptime availability measured on a calendar month basis. To ensure optimal performance of servers, Provider will perform routine maintenance on the servers which may require servers to be periodically removed from service. Provider reserves one hour of server unavailability per month for such maintenance purposes and such unavailability will be excluded from uptime calculations. Whenever possible, maintenance will be performed during off-peak hours and Provider will provide advance notice.

Under certain circumstances Provider may need to perform emergency maintenance such as security patch installation or hardware replacement. It is not practical to provide advance notice of such emergency maintenance procedures. Server unavailability stemming from such emergency maintenance will be excluded from uptime calculations.

HamaraCloud Advertisement Content and Links

Advertisements appearing in HamaraCloud (free email services) will be manually verified for appropriateness as per the Advertisement Content policy. HamaraCloud reserves the right to reject any advertisement not conforming to the policy. HamaraCloud reserves the right to suspend any advertisement which contains a link to content not conforming to the policy.

Fees and Refund Policy

HamaraCloud follows a pre-paid model. HamaraCloud users can add any service and make payment and avail the service. This amount is not refundable under any circumstances including, but not limited to closing of account and can only be used towards future HamaraCloud services.

In case of failed transactions, amount will automatically be refunded to customer account within 5-7 business days.

Indemnity

You agree to indemnify and hold Provider, and its subsidiaries, affiliates, officers, agents, or other partners and employees harmless from any liability or damages, including reasonable attorneys' fees, made by any third-party due to or arising out of Material you submit, post, transmit or make available through the Services, your use of Services, your connection to the Services, your violation of the this Agreement, or your violation of any rights of another.

Use and Storage

Provider may store electronic messages and other Material for a maximum number of hours upon expiration of which they may be deleted. Provider may also designate a maximum disk space per user, which, if exceeded, may result in Materials being deleted or the inability to use the Services. You agree that Provider has no responsibility or liability for deletion of any Materials including messaging or other communications.

Termination

You may cancel your use of the Service and/or terminate these Terms of Service with or without cause at any time by ceasing to use HamaraCloud Services. However a terminated account may continue to exist for up to twelve business months before such cancellation takes effect. You agree that the Provider may, under certain circumstances and without prior notice and for any reason, immediately terminate or suspend your portal account, use of and access to the Service. Causes for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities, . Termination of your portal account includes (a) removal of access to all offerings within the Service and (b) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Provider's sole discretion and that the Provider shall not be liable to you or any third party for any termination of your account or access to the Service. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. After a period of inactivity, the Provider reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the unique identifier(s) associated with that account may be given to another user without notice to you or such other party.

Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service are owned by the provider or its licensors, and you agree to make no claim of interest in or ownership of any such Provider Intellectual Property Rights. You acknowledge that no title to the Provider Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these Terms of Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

Warranty Disclaimers and Limitations of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND THAT THE SERVICE IS PROVIDED ON AN AS IS, AND AS AVAILABLE BASIS. YOU ACKNOWLEDGE AND AGREE THAT PROVIDER SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDER MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THERE WILL BE NO LOSS OF DATA OR ERRORS IN TRANSMISSION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF DATA, OR ERRORS IN TRANSMISSION; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Digital Millennium Copyright Act

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Provider's Designated Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Provider's Designated Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached by:

Mail:

• Carizen Software (P) Ltd.
  Attn: Copyright Enquiries
  S1, Second Floor
  287, 4th Main Road
  Burma Colony, Perungudi
  Chennai 600096
  INDIA
  
  Phone:
  +91-44-24967721
  
  Email:
  admin@hamaracloud.com (with Subject: Copyright Enquiries)

Additional Provisions

(a) Notice. The Provider may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the HamaraCloud website.

(b) Severability. You agree that the terms of these Terms of Service are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of these Terms of Service; these Terms of Service will be deemed amended to the extent necessary to make these Terms of Service enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

(c) Entire Agreement. You agree that these Terms of Service constitute the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Service.

(d) Assignment and Resale. Except as otherwise set forth herein, your rights under these Terms of Service are not assignable or transferable. You agree not to resell the Service or any portion thereof.

(e) Governing Law. These Terms of Service and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of Tamil Nadu, India. You and we each agree to submit to exclusive jurisdiction of Chennai Courts for any disputes between us under or arising out of these Terms of Service or your use of the Service. The parties hereby waive any right to jury trial with respect to any action brought in connection with these Terms of Service or your use of the Service. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(f) Waiver. No waiver of any provision of these Terms of Service shall be effective unless it is in writing and signed by an authorized representative of the Provider. The remedies of the Provider under these Terms of Service shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of these Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

(g) Headings. The section headings appearing in these Terms of Service are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.