Terms & Conditions
Acceptance of the Terms
If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
Description of Service.
We provide an array of services via mobile and web applications under the name DayLogs (referred to as the Service) for online collaboration, real-time communications and management of field operatives and others within the organization (“Service” or “Services”). You can create and edit content with your user account and the information you create is shared with other members of your organization.
Beta Services
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 we 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
If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 (thirty) days advance notice of the changes by email to your primary email address.
User Sign up Obligations
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 by providing your corporate contact information. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators
If your organization account is created and configured on your behalf by a third party, make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You agree not to hold us liable for the consequences of any action taken by us in good faith in this regard.
Personal Information, Privacy & Data Ownership
Your opting to use the Service indicates your acceptance of the terms of our Privacy Policy.
Communications from UPICON:
However, you will not be able to opt-out from receiving service announcements and administrative messages.
Complaints
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.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
- transfer the Services or otherwise make it available to any third party;
- provide any service based on the Services without prior written permission from UPICON;
- use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Upicon;
- Violate any applicable local, state, national or international law; and
- Create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree not to use the Services 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.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. 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.
Trademark
DayLogs and the DayLogs logo are trademarks of UPICON. You agree not to display or use, in any manner, the UPICON trademarks, without our prior permission.
Disclaimer of Warranties
Accordingly, UPICON shall in no event be responsible to the User in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of connectivity of the User or the deficiency in data transmission, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising therefrom.
Limitation of Liability
You agree that UPICON 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, even if we has been advised of the possibility of such damage.
Indemnification
You agree to indemnify and hold harmless UPICON, 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 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, except where such use is authorized by UPICON.
Proprietary Rights
The User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in configuration software, sponsor advertisements (if any) or any other information presented to the User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other Intellectual property rights and laws.
Force Majeure
If at any time, the performance in whole or part of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of God or Nature or other such non-provable forces or concepts of Faith etc., the User shall not have any claim for damages against UPICON in respect of such non-performance or delay in performance the Services.
Arbitration Of Disputes
In the event of any question, dispute or difference arising out of this agreement and/or the Services, the matter shall be referred to the sole arbitration of the Managing Director, UPICON, India. We did not take any money from you, so we cannot owe you anything to begin with. Your decision to use the application or product for free is one that you made. If you want to sue someone, sue someone you have paid.
Amendment
UPICON may modify this Agreement at any time, and such modifications shall be effective immediately upon email, posting or other method of notification to User. User’s continued use of the Services shall be deemed to be User’s conclusive acceptance of the modified Agreement.
Jurisdiction
This Agreement and the relationship between UPICON and the User shall be governed by the laws of India within the jurisdiction of the city of New Delhi.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
