Terms of Use

(Last Revised: April 22, 2022)

Welcome to the Batoi Web sites, which sites and services include Batoi Cloud Platform, Batoi Apps, Batoi Portal Systems, Batoi Enterprise Systems, and Batoi Opensource Systems (collectively referred to herein as the "Site"). Through the Site, you have access to a variety of resources and content. These include:

1. Software and software as a service offerings ("Software").
2. Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and webcasts, and documents such as press releases, white papers and product data sheets ("Materials").
3. blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content and services are collectively referred to as "Content." .

The following are terms of a legal agreement between you ("You" or "Your") and Batoi and its affiliated companies ("We" or "Batoi"). By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use"), our Privacy Policy, our Services Privacy Policy, our Customer Data Artificial Intelligence/Machine Learning Policy, and our IP Policy (collectively, the “Agreement”). Batoi may revise the Agreement at any time without notice to you. The revised Agreement will be effective when posted.

1. Terms Applicable to Specific Content and Areas of the Site

Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.

2. Use of Software

Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following:

1. The Software may be used solely for your personal, informational, noncommercial purposes.
2. The Software may not be modified or altered in any way.
3. The Software may not be redistributed.

3. Use of Materials

You may download, store, display on your computer, view, listen to, play and print Materials that Batoi publishes or broadcasts on the Site or makes available for download through the Site subject to the following:

1. The Materials may be used solely for your personal, informational, noncommercial purposes.
2. The Materials may not be modified or altered in any way.
3. The Materials may not be redistributed.

4. Use of Community Services

Community Services are provided as a convenience to users and Batoi is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding Batoi products and services, including information from Batoi employees, they are not an official customer support channel for Batoi. You may use Community Services subject to the following:

1. Community Services may be used solely for your personal, informational, noncommercial purposes.
2. Content provided on or through Community Services may not be redistributed.
3. Personal data about other users may not be stored or collected except where expressly authorized by Batoi.

5. Reservation of Rights

The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Batoi or a third-party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Batoi reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.

6. Your Content

You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Batoi all of the licenses and rights set forth herein. By Sharing Content, you grant Batoi a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Batoi product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Batoi without compensation to you. You warrant that:

1. You have the right and authority to grant this license.
2. Batoi's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third-party rights.
3. All so-called moral rights in the Content have been waived to the full extent allowed by law.

You agree that you will neither use the Site in a manner, nor Share any Content, that:

1. Is false or misleading.
2. Is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack.
3. Invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information.
4. Promotes bigotry, racism, hatred or harm against any group or individual.
5. Is obscene or not in good taste.
6. Violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights.
7. You do not have the right and authority to Share and grant the necessary rights and licenses for.
8. Violates or promotes the violation of any applicable laws or regulations.
9. Contains a solicitation of funds, goods or services, or promotes or advertises goods or services.
10. Contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.

Batoi may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm. Batoi does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Batoi on a non-confidential and unrestricted basis and Batoi shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in Batoi's Privacy Policy.

7. Security, Passwords and Means of Accessing the Site and Content

You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Batoi accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Batoi accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Batoi accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Batoi accounts, computer systems or networks without Batoi 's express written permission. If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify Batoi immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

8. No Unlawful or Prohibited Use

You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.

9. Indemnity

You agree to indemnify and hold harmless Batoi, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.

10. Monitoring

Batoi has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, Batoi reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. Batoi may remove Content that is confidential or proprietary to a third party without that third party's permission.

11. Termination of Use

Batoi may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Batoi may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Batoi may terminate or limit your access to or use of the Site if Batoi determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Batoi shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.

12. Third Party Web Sites, Content, Products and Services

The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Batoi is not responsible for third party Content provided on or through the Site or for any changes or updates to such third-party sites, and you bear all risks associated with the access to, and use of, such Web sites and third-party Content, products and services.

13. Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BATOI EXPRESSLY DISCLAIMS 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 WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. BATOI MAKES NO WARRANTY THAT:

1. THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS.
2. THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE.
4. THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. BATOI SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT. BATOI RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

14. Limitation of Liability

IN NO EVENT SHALL BATOI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

15. Exclusions and Limitations

Batoi is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Batoi's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Batoi's Privacy Policy. You understand that Batoi collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to Batoi 's Privacy Policy.

16. Privacy Policy

Batoi is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Batoi's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Batoi's Privacy Policy. You understand that Batoi collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing services subject to Batoi 's Privacy Policy.

17. Persons Not of Age of Majority

Persons who are not of the age of majority are not eligible to use the Site, and we ask that no information in relation to such persons be submitted to us.

18. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. In accordance with United States’ and applicable export control and economic sanctions laws and regulations, all Batoi products and services, which include but may not be limited to programs, integrated software, operating systems, hardware, support, product technical data, education, consulting, and cloud services, are prohibited for export/reexport/transfer (includes in-country transfer) to or access by (includes cloud access) the following:

1. Any company or national of Cuba, Iran, North Korea, Syria, and the Crimea region. Export licensing of commodities or services intended for these countries is presumed denied.
2. Re-export to these countries is prohibited; you may not proceed with any proposed transaction if you “know or have reason to know” it would be contrary to U.S. or applicable laws or regulations.
3. Entities listed on any U.S. Government Denied Party/Person List. See BIS’s The Denied Persons List, the Office of Foreign Assets Control's Economic and Trade sanctions list (OFAC), and the Directorate of Defense Trade Controls (DDTC).

Any customer you know or have reason to know, who is involved in the design, development, manufacture or production of nuclear technology, or nuclear, biological or chemical “weapons of mass destruction.” You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of Batoi in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of Batoi outside the U.S. Neither the services or products of Batoi nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

19. Availability of Products

Information on the Site may reference or cross-reference Batoi products, programs, or services that might not be available in your location. Such references do not imply that Batoi plans to make such products, programs, or services available in your location.

20. Waiver and Severability

The failure of Batoi to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

21. Applicable Laws

All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Delaware. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Delaware. You and Batoi agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

22. Copyright/Trademark

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner. You agree that you will not use the Site or any Batoi site to infringe Batoi 's Intellectual Property rights or the Intellectual Property rights of others. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of Batoi software, third party software, or any products or Content you access on or through Batoi’s Sites.

23. Contact Information

If you have any questions regarding these Terms of Use, please contact Batoi at legal@batoi.com. If you have any other questions, contact information is available at the Contact Us page on the Site.

24. About this Agreement

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Agreement will be governed by laws of Indian Republic and in the Cuttack High Court in the state of Odisha. You and Batoi consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND BATOI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.