Terms of service

Seed Data Systems  and its affiliates (“We” or “Seed Data Systems”) provides this website and the data, information, tools, updates and similar materials delivered or provided by us through the website (collectively, the “Service”) subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service, clicking the “I agree” or similar button, or otherwise entering into Agreement, you are creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service.

We may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.

INCORPORATED TERMS

The following additional terms are incorporated into this Agreement as if fully set forth herein:

1. Privacy Policy

Disclaimer
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.

The Service may contain typographical errors or inaccuracies, including relating to price, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice, even if your order has already been accepted or processed.

Eligibility
You must be at least eighteen (18) years old to use the Service.

By using the Service or making a purchase, you represent that you meet the applicable minimum age requirement.

Rules of Conduct
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You agree that you will not violate any applicable law or regulation in connection with your use of the Service.

You further agree that you will not do any of the following:

1) modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;

2) interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;

3) transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;

4) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

5) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

6) harvest or collect the email address or other contact information of other users of the Service;

7) scrape or collect content from the Service via automated means;

8) submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;

9) register for more than one user account; or,

10) impersonate any other person or business.

You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.

Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

Content Submitted or Made Available to Us
You are under no obligation to submit any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials  (“Content”) to us, and unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to submit any Content through or on the Service, or otherwise make available any Content through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels.

By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Content or Submissions; (d) we shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Service, or any information, causes, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.

Our Intellectual Property
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including colour combinations, button shapes, layout, design and all other graphical elements) are protected by copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the softwares used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

Data Collection and Use
You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your use of the Service.

Enforcement and Termination
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.

Links and Third-Party Content
The Service may contain links. Such links are provided for informational purposes only, and we do not endorse any website or services through the provision of such a link.

The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third parties. We do not endorse any third-party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.

DISCLAIMERS AND LIMITATION ON LIABILITY
EXCEPT WHERE NOT PERMITTED BY LAW OR AS OTHERWISE PROVIDED HEREIN, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND WE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICES. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE PROVIDED BY US, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE PROVIDED BY US, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of the greater of USD 500 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

INDEMNIFICATION
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service (b) your use of the Service, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.

GOVERNING LAW AND JURISDICTION
You agree that any claim or dispute arising out of or relating in any way to the Services will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration Act apply to this agreement. Arbitration under this Agreement will be offered by Indian courts, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Seed Data Systems , B2-1011,10th Floor,  Palladium, Opp Vodafone House, Corporate Road, Prahladnagar – 380051, Ahmedabad, Gujarat, India

Arbitration under this Agreement will be offered by Indian courts and the Arbitration Act under its rules then in effect, and shall be located in Ahmedabad, India. Payment of all filing, administration and arbitrator fees will be governed by the rules.

You and us agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and us agree that parties have each waived any right to a jury trial.

Notwithstanding the foregoing, you agree that us may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Services, or to us, may only be brought by you in a state or federal court located in Ahmedabad, Gujarat, India. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN AHMEDABAD.

GENERAL

Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. In the event that we update this Agreement, you may be required to re-affirm the Agreement, through use of the Service, or otherwise.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Seed Data Systems , B2-1011,10th Floor,  Palladium, Opp Vodafone House, Corporate Road, Prahladnagar – 380051, Ahmedabad, Gujarat, India
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

COPYRIGHT POLICY

If you believe in good faith that any material posted on our Service infringes the copyright in your work, please contact us, contact@seeddatasystems.com , with correspondence containing the following:

• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
• Information reasonably sufficient to permit us to contact you;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact us.

COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)

If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to contact@seeddatasystems.com containing the following information:

• Your name, physical address, e-mail address and phone number;
• A description of the material posted on the website or apps that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
• Identification of the location of the material on the website or apps;
• If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
• If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
• A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
• Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

Refund Policy

Seed Data Systems in accommodating its Clients as much as possible, and has therefore a considerate cancellation policy in case to case basis. We, as a service provider, provide a service that comes in the form of services. Therefore, our offering is not a tangible product that can be returned for a refund or reused or sold off or auctioned off. It is used immediately upon receipt; therefore there is no product to return.

• Seed Data Systems undertakes all projects under the purview of agreed contract and milestones that dictate the direction / Workflow and roadmap followed by the project.
• All Web and Mobile Design/ Development/ Applications are carried out and accepted upon a complete analysis and creation of a complete scope document, in order to make sure that teams have complete understanding of the work needed to be done, elimination possibilities of a project cancellation / reversal / dispute. In case of ongoing T&M model or Dedicated Model there are undefined variables to scope which are agreed on mutual consent with Clients.
• Since Seed Data Systems and the Clients realise that there is work involved in achieving every milestone of the project and completion of every module, a refund would not be possible for the work already completed and services already procured and / or consumed.
• Seed Data Systems makes sure that in case of a project termination on a mutual basis, the client has control of all the work done till that date, subject to payment is made till that date in Full.
• Seed Data Systems also respects a decision made by a client to work with a different provider within 48 hours of the project initiation. In such a scenario Seed Data Systems would refund 50% amount for the project that has been paid as advance fees.
• No cancellations are entertained for those Services that Seed Data Systems has offered on special occasions. These are limited period offers and therefore cancellations are not possible.
• Development Services and Consulting – if the services opted by you are T&M (Time & Material) based services or Hire Dedicated Developer service, these are non-refundable.

Cancellation Policy

All cancellation requests must be submitted to Project Management Team of Seed Data Systems has to submit cancellation requests by e-mail on contact@seeddatasystems.com and / or the official email given at time of contract signing and will only be considered for acceptance . Your request will not be considered valid unless and until you receive confirmation from our Project Management Team.

• We take minimum 2 weeks to process the cancellation request. Fees of services will be applicable till the date when cancellation request is processed
• Cancellation of project is based on service level agreement, as agreed with client while starting the project.
• Once project is released for beta delivery, cannot be canceled. Entire project cost will have to be paid by client.
• In event of cancellation of project mutually decided between client & Seed Data Systems, client will have to pay for efforts invested in project up to date of cancellation.
• Source Code, Design or any other material related to project will not be delivered if payment is not settled by client.

Delivery Policy

We are in service business and doesn’t have tangible item to deliver. So there is no chance of missing or misplacement of any item. Our deliverables are in form of designs file, software code & compiled application. These deliverable are delivered to you in form of electronic files using our collaboration tool or email. Thereafter you have to save a copy of delivered electronic files on your server or on any storage media. Seed Data Systems will retain copies only for 30 days from delivery date and can re-deliver the electronic files to client, thereafter Seed Data Systems doesn’t owe any responsibility.