Terms and Conditions
These Terms govern your access to and use of the NGO Fly by VakilKaro software platform, including its modules, mobile applications, websites, APIs, integrations and related services.
Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you (“Subscriber,” “User,” or “You”) and Jsons Solicitors Pvt. Ltd., a company organized and existing under the laws of India (“Company,” “We,” or “Our”).
These Terms govern your access to and use of the NGO Fly by VakilKaro software platform, including all associated modules, mobile applications, websites, APIs, integrations and related services (collectively, the “Software”).
By accessing, subscribing to, or using the Software, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Software.
Definitions
Affiliate
Any entity that directly or indirectly controls, is controlled by, or is under common control with the Company.
Confidential Information
Information disclosed by one party to the other that is designated confidential or reasonably should be understood to be confidential.
Documentation
Any guides, instructions or policies made available by the Company regarding use of the Software.
User Data
Any data, content or information inputted, uploaded, stored or transmitted by You through the Software.
License Grant and Restrictions
2.1 Grant of License
Subject to your compliance with these Terms and timely payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Software solely for your internal business operations.
2.2 Restrictions
You shall not:
- Copy, modify, adapt or create derivative works of the Software
- Reverse engineer, decompile, disassemble or attempt to derive the source code
- Sell, lease, license, sublicense, distribute or make the Software available to a third party
- Use the Software to develop a competing product or service
- Use the Software in violation of applicable laws, regulations or third-party rights
2.3 Reservation of Rights
Except as expressly granted herein, all rights, title and interest in and to the Software, including all intellectual property rights, remain vested in the Company and its licensors.
Account Registration and Security
3.1 Account Creation
You must create an account to access and use the Software. You agree to provide accurate, current and complete information and update such information promptly.
3.2 Account Security
You are responsible for maintaining the confidentiality of account credentials and all activities that occur under your account.
You must promptly notify the Company of any unauthorized account use or security breach.
Fees and Payment
4.1 Subscription Fees
Access is subject to applicable subscription Fees specified in your order form or agreement.
4.2 Billing and Invoicing
Unless agreed otherwise, Fees are invoiced in advance and due within 2–5 working days from the invoice date.
4.3 Taxes
All Fees are exclusive of applicable taxes, duties and levies, which shall be borne by You.
4.4 No Refunds
Payments are non-refundable except where provided in a separate written agreement or required by law.
User Data and Privacy
5.1 Ownership
You retain all rights in your User Data. You grant the Company a limited, non-exclusive license to process User Data solely to provide the Software.
5.2 Compliance
You represent that you have all necessary rights and consents to provide User Data and its use will not violate any laws or rights.
5.3 Data Security
The Company shall implement reasonable administrative, technical and physical safeguards to protect User Data.
Confidentiality
6.1 Obligations
Each party agrees to maintain the confidentiality of the other party’s Confidential Information and use it only for performing under these Terms.
6.2 Exclusions
Confidential Information does not include information that:
- Is or becomes publicly available without breach
- Was lawfully known by the recipient before disclosure
- Is independently developed without use of Confidential Information
- Is rightfully received from a third party without restriction
Intellectual Property
7.1 Ownership
The Software, Documentation and all intellectual property rights therein remain the exclusive property of the Company and its licensors.
7.2 Feedback
By providing feedback, you grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate it without restriction.
Warranties and Disclaimers
8.1 Mutual Warranties
Each party represents that it has authority to enter into these Terms.
8.2 Disclaimer
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
To the fullest extent permitted by law:
9.1
The Company shall not be liable for indirect, incidental, special, consequential or exemplary damages arising from use of the Software.
9.2
The Company’s total liability shall not exceed the Fees paid by You in the twelve months preceding the claim.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees and affiliates from claims, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising from:
- Your use of the Software
- Your breach of these Terms
- Any User Data or content submitted by You
Term and Termination
11.1 Term
These Terms remain effective until terminated as set forth herein.
11.2 Termination for Convenience
Either party may terminate by giving thirty days’ prior written notice.
11.3 Termination for Cause
The Company may suspend or terminate access immediately for violation of these Terms, non-payment or fraudulent or unlawful activities.
11.4 Effect of Termination
All granted rights cease, use of the Software must stop, and provisions concerning Fees, Confidentiality, Intellectual Property, Disclaimers, Liability, Indemnification and Governing Law shall survive.
Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by the laws of India without regard to conflict-of-law principles.
12.2 Dispute Resolution
Disputes shall be resolved through arbitration in Jaipur. Arbitration shall be conducted in Hindi or English and the decision shall be final and binding.
Miscellaneous
13.1 Entire Agreement
These Terms constitute the entire agreement regarding the subject matter.
13.2 Amendments
The Company may modify these Terms by posting updates. Continued use constitutes acceptance.
13.3 Severability
If any provision is invalid, the remaining provisions remain effective.
13.4 Waiver
A waiver is effective only when in writing and signed by the waiving party.
13.5 Assignment
You may not assign these Terms without consent. The Company may assign without restriction.
13.6 Notices
All notices shall be sent to Support@Ngoking.in.
