AutomationTank License Terms
Thank you for choosing AutomationTank to enhance your productivity!
Terms of Service
Updated on: 12th February 2024.Effective Date: 19th February 2024.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND AUTOMATIONTANK.com OR AUTOMATIONTANK (hereinafter "AutomationTank" or "we" or "us") GOVERNING YOUR USE OF AUTOMATIONTANK SUITE OF ONLINE BUSINESS PRODUCTIVITY, OFFLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE.
By accepting these Terms or using the service and software, you agree to all these terms and consent to the transmission of certain information during registration of system and during your use of the software pursuant to the AutomationTank Privacy Policy described in the AutomationTank Privacy Policy and linked below in this Terms. If you do not accept and comply with these terms, you may not use the services, software or their features.
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the "General Terms") and terms and conditions, if any, specific to use of individual Services (hereinafter the "Service Specific Terms"). The General Terms and Service Specific Terms are collectively referred to as the "Terms". In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services (including Products). If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services for online collaboration, offline business productivity and management including word processor, spreadsheet, presentation tool, database application creator, email client, chat client, organizer, customer relationship management application and project management application ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that AutomationTank will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
(a) We may modify the Terms at any time without any prior notice to you untill the modification is going to make you liable to us or enhance your liability towards us in monetary terms. (b) However, in case(s) other than point (a), We will modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email (shared with us through Application Registration Software) address. If we make significant changes to the Terms that increase your existing monetary liability toward us, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing AutomationTank notice by email within 30 days of being notified of the availability of the modified Terms. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account or register your system by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts or register their system by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up or registration process; and b) maintain and promptly update the information provided during sign up or registration to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if AutomationTank has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, AutomationTank may terminate your user account and/or system registration and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Personal information you provide to AutomationTank through the Service is governed by AutomationTank Privacy Policy. Your election to use the Service or software(s) indicates your acceptance of the terms of the AutomationTank Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and your system and you agree to inform us immediately of any unauthorized use of your user account or system registration details by email to Contact@AutomationTank.com . We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account or system registration details, or otherwise.
Communications from AutomationTank
The Service and use of Software(s) may include certain communications from AutomationTank, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services and Softwares. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Complaints
If we receive a complaint from any person against you with respect to your activities as part of use of the Services and Softwares, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy AutomationTank in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by AutomationTank to the complainant.
Fees and Payments
The Services and Softwares are available under subscription plans of various durations. Payments for subscription plans can be made only by digital payment system. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized AutomationTank to renew your plan and raise a bill for the same to you as per current market rate of that plan (if any).
From time to time, we may change the price of any Service and Software or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services and/or Softwares or otherwise make it available to any third party; (ii) provide any service and/or software based on the Services and/or Softwares without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of AutomationTank; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services and/or Softwares. You agree not to use the Services and/or Softwares for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services and/or Softwares if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 45 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services and/or Softwares. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant AutomationTank the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for AutomationTank's commercial, marketing or any similar purpose. But you grant AutomationTank permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
User Generated Content
You may transmit or publish content created by you using any of the Services and/or Softwares or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services and/or Softwares, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that AutomationTank will have the right to block access to or remove such content made available by you if AutomationTank receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by AutomationTank for this purpose.
Sample files and Applications
AutomationTank may provide sample files and applications for the purpose of demonstrating the possibility of using the Services and/or Softwares effectively for specific purposes. The information contained in any such sample files and applications consists of random data. AutomationTank makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Trademark
AutomationTank, AutomationTank logo, the names of individual Services and their logos are trademarks of AutomationTank. You agree not to display or use, in any manner, the AutomationTank trademarks, without AutomationTank’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES AND/OR SOFTWARES IS AT YOUR SOLE RISK. THE SERVICES AND/OR SOFTWARES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. AUTOMATIONTANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTOMATIONTANK MAKES NO WARRANTY THAT THE SERVICES AND/OR SOFTWARES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES AND/OR SOFTWARES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES AND/OR SOFTWARES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM AUTOMATIONTANK, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT AUTOMATIONTANK SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE AND/OR SOFTWARE, EVEN IF AUTOMATIONTANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL AUTOMATIONTANK’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE AND/OR SOFTWARE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless AutomationTank, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services and/or Softwares in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services and/or Softwares, except where such use is authorized by AutomationTank.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the decisions and consent of the owner of "automationtank.com" domain i.e., Mukesh Kumar Singh. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Bihar, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, AutomationTank may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension, Termination, and Refund
We may suspend your user account or temporarily disable access to whole or part of any Service and/or software in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to Legal@AutomationTank.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services and/or Softwares upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if AutomationTank breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and license key granted (if any) and deletion of all data in your user account.
We do not process any refund in any scenario except above stated ones.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at Legal@AutomationTank.com