AGREEMENT TO TERMS

This agreement is between Dynmatrix Global Solutions Pvt Ltd (also known as Dynmatrix Global Solutions), ( Herein the product Pixsoffice) and you/You and the entity you represent as “participant”, “Customer” agrees to read and understand and then agree to all of the terms and conditions while using or accessing any part of the service. If you are not agreeing to all of the terms and conditions, then you are not entitled to use or access the service. If you are agreeing to the terms and conditions and entering into a contract on behalf of a company, then you must have the authority to bind that company to the terms that are agreed upon as per these Terms of Service.

Parts of this Agreement

The terms and conditions mentioned in this agreement are referred to as the General terms, and terms and conditions regarding any specific Service are termed as the Service-specific terms. “Terms” usually refer to the Service-specific terms and the General Terms, and in case of conflict between these Terms, Service Specific Terms shall be taken into consideration.

Acceptance of the Terms

You would be agreeing to the terms and conditions by clicking on the checkbox that indicates the terms and conditions for using the Service.

Description of Service

Pixsoffice is a product of Dynmatrix Global Solutions, which is an email client service. You can access the Service for your internal business requirements on behalf of your organisation and personal purpose. The service offered and provided is the subject of the Terms in this agreement. You can connect to the service using any Internet browsers that the service supports. The internet access and necessary equipment required to access the service has to be obtained from your end and is considered your responsibility.

Modification of Terms of Service

Pixsoffice/ Dynmatrix Global Solutions reserves the right to change and update the terms and conditions in this agreement at any point of time, and the updated version of the Terms of Service shall be available in our website. Any changes to the Terms, that have the possibility of affecting your rights, would be notified to you on your primary email address, with advanced notice of 20 days. To terminate your service with Pixsoffice, if the event of changed Terms of service could possibly affect your rights with respect to accessing and using the Service. Your continued use of our Service post any such changes in the terms shall be automatically considered as your consent to the changes made in the Terms.

Description of Service

To access the Service, you must sign up as a user, by giving us all the necessary information to provide you with access to use the Service. You agree to provide us with the correct, complete, accurate and true information about yourself when prompted during your sign up process. You must maintain and immediately update the information provided during sign up and keep it complete, correct, true and accurate at all times of using the Service. Pixsoffice reserves the right to terminate your user account and refuse to indulge in any current or future use of the Service if the information provided by you is incomplete, untrue, outdated or incorrect.

Organization Accounts and Administrators

On your sign up to the Service on behalf of your organisation, you may have to specify more than one administrator. The administrator from your organization will be able to use the Service and configure it as per your requirements and also manage the users from your organisation. If a third party is used to configure your organisation’s account with the Service, then the third party shall be assumed to have taken the role of administrator for your organisation. Hence it is your responsibility to specify the agreement terms with the third party with your organisation’s roles and your restriction to the third party on assuming the administrator role in your organisation’s account. You are therefore responsible for maintaining and securing your organisation’s account password as confidential. You would be responsible for the individual users appointed as administrators for managing the requirements and end-users in your organisation’s account. You are responsible for securing all the activities carried out with respect to your organization's account to comply with the Terms of this agreement. You clearly understand that Pixsoffice/Dynmatrix Global Solutions is not responsible for the internal management and account administration of the Service for you. You are responsible for ensuring the required steps to be undertaken by your organisation to prevent loss of control to your administrator accounts. In any event of loss of control of administrator’s accounts, You must specify a process for recovering the control by contacting Pixsoffice support team, and the recovery is possible if the process provided is acceptable by Pixsoffice. In case of no recovery process by any specified administrator, then Pixsoffice shall provide control to the administrator account if the individual is able to provide proof that is satisfactory to Pixsoffice which demonstrates their authority to act on behalf of the organisation. You agree not to hold Pixsoffice or Dynmatrix Global Solutions liable to the consequence of any actions taken by Pixsoffice in good faith in this regard.

Personal Information and Privacy

The personal information provided by you to Pixsoffice through the service is governed by the Pixsoffice Privacy policy. Your selection to use the Service indicated that you are accepting the terms of Pixsoffice Privacy policy. You are therefore responsible for ensuring the confidentiality of your username, password as well as other sensitive information of your organisation. You are responsible for all the activities carried out in your user accounts. In any event of unauthorized use of your user account, You agree to inform us immediately by emailing us to Pixsoffice support or by calling us on the listed numbers on our Website. We cannot be held responsible for any resulting loss or damage incurred to you or to any third party in any case of unauthorized access and/or use of your user accounts, or otherwise.

Communications from Pixsoffice

The Service includes certain communication from Pixsoffice and this includes administrative messages and service announcements. You understand that these communications are considered as a part of using the Service. You will not be able to opt-out from receiving the administrative messages and service announcements from the Service.

Complaints

If you were to receive any complaints from any person against you in connection with your activities on using the Service, we would be forwarding that complaint to the primary email address in your user account, which requires you to respond directly to the complainant within a period of 7 days, after us forwarding you the complaint, by keeping Pixsoffice in the email communication loop. If there is no response from your end to the complainant within the period of 7 days from the date of us forwarding the email to you, we may have to disclose your name and contact details to the complainant for the complainant to be able to take legal action against you. You should understand that it is your failure to respond to the forward email with the complaint within the 7 days’ time period that will be considered/understood as your consent for Pixsoffice to disclose your name and contact details to the complainant.

Fees and Payments

The Service is available as subscription plans. The service is billed on an annual basis and the amount billed is non-refundable at any event. You should renew the subscription at the end of each subscription period unless you wish to downgrade or upgrade your paid subscription to a different plan or wish to not renew the subscription. During the time of renewal, the subscription charge should be paid using a credit card or net banking on the subscription renewal date. In case you wish not to have the subscription renewed, you must inform us at 10 days prior to the renewal date. If you wish to upgrade or downgrade to a different plan, please inform us 7 days prior to the renewal date, to change your plan and billing accordingly. If you do not inform us about the upgrade or downgrade or your wish to terminate the subscription renewal, you will be presumed to pay the same subscription charge as the previous payment to continue using the Service. In an event of non-payment for any reason or any terms violations, Pixsoffice is entitled to immediately bar the access to the Service for that customer without any liability. The price of any the Service and charge for using the service may be changed by us from time to time. The increase in the price shall not apply to your current billing cycle, until subscription renewal.

Restrictions on Usage

On agreeing to all other terms and conditions of this agreement, you also agree that you will not transfer or make the Service available for use to any third party. You shall not provide any service based on the Service without prior written permission. You will not use the third party links to sites without agreeing to their website terms & conditions. You will not post links to third party sites or use their logo, company name, etc. without their prior written permission. You shall not publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity. You will use the Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Pixsoffice/Dynmatrix Global Solutions. You shall not violate any applicable local, state, national or international law. You will not create a false identity to mislead any person as to the identity or origin of any communication.

Spamming and Illegal Activities

You are agreeing to be entirely responsible for all contents of your transmission through the Service. You agree not to use the service for illegal purposes or for the transmission of material that is libellous, threatening, vulgar, defamatory, obscene, unlawful, harassing, invasive of another's privacy, abusive, harmful, pornographic, or is otherwise objectionable, promotes racism, offends religious sentiments, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another. You agree not to use the Service for the transmission of "spam", "junk mail", “phishing”, "chain letters" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service on reasonable grounds if we believe that you have used the Service for any unauthorized or illegal activity.

Inactive User Accounts Policy

Pixsoffice reserves the right to terminate user accounts which are unpaid and are inactive for a continuous period of 90 days. In such an event of account termination, all the data associated with the user account will also be deleted permanently. We would be providing you with a notice prior to such a termination and data deletion with the option to have your data backed up. In any case, if the account has one user at the minimum active and using the Service, then the account will not be considered inactive.

Data Ownership

Pixsoffice respects your right to have ownership over data and content created and stored by you. Therefore Pixsoffice does not own the customer data. You are responsible for the content created and stored by you. You shall be the sole responsibility for the quality, accuracy, integrity, reliability, legality, appropriateness and the ownership of intellectual property or the right to use any and all of your data. We shall seek your specific permission to grant Pixsoffice to use, adapt, modify, publish, distribute and reproduce the content created and stored by you in your user account for the purpose of Pixsoffice’s marketing or commercial needs. With this permission, you grantPixsoffice the permission to access, distribute, copy, transmit, store, reformat, publicly perform and display the content of your user account solely as required for the purpose of providing the Service to you.

User-Generated Content

You are solely responsible for the content created by you using the Service, and the consequence of it being publicised or transmission. Any content made by you if publicly available and accessed by the internet might be crawled and indexed by search engines. Therefore you are responsible for ensuring that you do not make any private content accidentally available for public access. Any content you may be receiving from other users of the Service is provided to you AS IS for your information and personal use only. Therefore you agree to get a written content of the person who owns the rights to such content and not use, reproduce, copy, distribute, broadcast, transmit, licence or sell this content to exploit it for any purpose. You agree not to remove copyright notice(s) or disable such copy protection feature(s), if you ever come across content with copyright notice(s) or disable such copy protection feature(s), during the course of using the Service. You affirm that you have the permission, authorisation or consent to having any content that is copyrighted/copyrightable available on the Service, from every person who has the right to claim such a content to make such content available in such manner. Also if you make any content available in the manner as mentioned above, you deliberately agree that Pixsoffice has the right to block your access and/or remove such content made available by you, if Pixsoffice receives complaints about any infringement of third party rights or illegality of such content. By using the Service by transmitting or publishing any content, you deliberately express your concert to the determination of questions of illegality or infringement of third party rights in such content by Pixsoffice agents designated for this purpose.

Sample files and Applications

Pixsoffice provides sample applications and files for the purpose of demonstrating the Service possibility for specific purposes. The information in the sample files are random data and Pixsoffice makes it clear that it doesn't make any warranty on the usefulness, reliability, accuracy or completeness of the information contained in the sample files.

Trademark

Pixsoffice and its logo are a trademark of Dynmatrix Global Solutions. You agree not to display or use, in any manner the Dynmatrix Global Solutions trademark, without prior permission from Dynmatrix Global Solutions.

Warranties and Disclaimer

You clearly understand and agree that use of the Service is at your own risk. The service is provided on the “AS IS '' available basis, without the warranties of any kind, either implied or express, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Pixsoffice makes no warranty that the service will be interrupted, secure, timely or error-free. Any material downloaded or obtained through the use of the Service shall be at your sole risk and discretion. Therefore you will be solely responsible for any damage to your mobile telephone, wireless device, computer system or the data that has resulted from the use of the Service or any such material that is downloaded. No information or advice from Pixsoffice/ Dynmatrix Global Solutions or its employees or representative in any oral or written form shall create any warranty that is not expressly stated in the terms.

Limitation of Liability

You agree that Pixsoffice/Dynmatrix Global Solutions. shall in no event be liable for any indirect, incidental, punitive, consequential, special, other loss or damage whatsoever or business profit loss, Business interruption, computer failure, loss of business information or any other loss arising out of or caused by your use of or the liability to use the Service, even if the Pixsoffice has advised of the possibility of any such damage. In no event, Shall Pixsoffice’s entire liability to you for the Service, whether in direct or indirect ways, would exceed the fees paid by you towards such Service.

Indemnification

You completely agree to assure and hold harmless Pixsoffice, its directors, employees, officers and affiliates from and against any damages, losses, expenses and fines which also includes the fees and costs for an attorney that is arising out of or relating to any claims that you have used the Service 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 Service, except where such use is authorized by Pixsoffice or Dynmatrix Global Solutions.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Arbitration Association. 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 Chennai and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Pixsoffice may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

Pixsoffice reserves the right to temporarily disable access to the whole or part of the Service of the user account 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 Pixsoffice legal team 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 also reserve the right to terminate your user account and deny the Service upon reasonable belief that you have violated the Terms and to terminate your access for a brief period in case of unexpected technical issues with proper communication to you. You have the right to terminate your user account in Pixsoffice if you believe it breaches its obligations under these Terms. Termination of the user account will include denial of access to the Service, deletion of information in your user accounts such as your email address and password and deletion of all data in your user account.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this Agreement, please contact us on [email protected].