PLEASE READ THIS AGREEMENT BEFORE USING SERVICES OF SYMBIOSIS. BY ACCESSING OR USING SYMBIOSIS’ SOFTWARE OR SERVICES OFFERING, YOU (“Customer”) SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. IF THE PARTIES HAVE A FULLY EXECUTED AGREEMENT THAT EXPRESSLY GOVERNS ORDERS FOR SYMBIOSIS’ SOFTWARE AS A SERVICE AGREEMENT, SUCH AGREEMENT SHALL SUPERSEDE THIS AGREEMENT
This Software as a Service Agreement (“Agreement”) is entered into between Customer and Symbiosis Systems And Services Pvt. Ltd. (“Symbiosis”), with its principal place of business at 40-41, 3rd Floor, Girnar Khushboo Plaza, Gunjan Road, GIDC Vapi 396195. District Gujarat, INDIA. Symbiosis and Customer shall hereinafter be individually referred to as Party and collectively as Parties. Symbiosis and Customer agree that the following terms and conditions will apply to the services provided under this Service Agreement and Orders place thereunder.
"Administrator User" means each Customer employee designated by Customer to serve as technical administrator of the SaaS Services on Customer’s behalf. Each Administrator User must complete training and qualification requirements reasonably required by Symbiosis.
"Affiliate" means all companies that are affiliated with Symbiosis by reason that these companies are owned by, or under the same common ownership as, Symbiosis. Affiliates shall also include the parent company of the group of which Symbiosis is a member.
"Customer Content" means all data and materials provided by Customer to Symbiosis for use in connection with the SaaS Services, including, without limitation, customer applications, data files and graphics.
"Documentation" means the user guides, online help, release notes, training materials and other documentation provided or made available by Symbiosis to Customer regarding the use or operation of the SaaS Services.
"Host" means the computer, mobile phone, tablet or any other equipment on which the Software is installed, which is owned and operated by Symbiosis or its subcontractors.
"User" means a unique collection of identity data for an individual that will be granted access to and /or managed by the SaaS Services for the purposes of providing single sign-on, managing passwords or certifying user access. User data may be physically or logically maintained in a single repository or in separate physical or logical repositories. Although Users with user accounts that have been deactivated may remain in the physical or logical repository / repositories, those inactive Users will not be included in the number of User licenses in use by the Customer.
"System Availability" means the number of minutes in a year that the key components of the SaaS Service are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance, (b) events of Force Majeure in the Service Agreement, (c) malicious attacks on the system (d) issues associated with the Customer’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omission of Customer or any User. Symbiosis reserves the right to take the Service offline for scheduled maintenance for which Customer has been provided reasonable notice and Symbiosis reserves the right to change its maintenance window upon prior notice to Customer.
"Maintenance Services" means the support and maintenance services provided by Symbiosis to Customer pursuant to this Service Agreement and available at https://www.symbiosissystems.in/support .
"Other Services" means all technical and non-technical services performed or delivered by Symbiosis under this Service Agreement, including without limitation, implementation services and other professional services, training and education services but excluding the SaaS Services and the Maintenance Services. Other Services will be provided on a time and material basis at such times or during such periods, as may be specified in a Schedule and mutually agreed to by the parties. All Other Services will be provided as per the terms and conditions of SaaS Services.
"Schedule" is a document executed separately by Symbiosis and Customer for the purpose of purchasing SaaS Services under the terms and conditions of this Service Agreement and available with the invoice of the purchase of the SaaS Services.
"Software" means the object code version of any software to which Customer is provided access as part of the Service, including any updates or new versions.
"SaaS Services" refer to the specific Symbiosis’ internet-accessible service identified in a Schedule that provides use of Symbiosis’ Software, which is hosted by Symbiosis or its services provider and made available to Customer over a network on a term use basis.
"Subscription Term" shall mean that period specified in a Schedule during which Customer will have online access and use of the Software through Symbiosis’ SaaS Services.
During the Subscription Term, Customer will receive a nonexclusive, non-assignable, royalty free, worldwide right to access and use the SaaS Services solely for your internal business operations subject to the terms of this Service Agreement and up to the number of Users documented in the Schedule.
Customer acknowledges that this Service Agreement is a service agreement and Symbiosis will not be delivering copies of the Software to Customer as a part of the SaaS Service.
Customer shall not and shall not permit anyone to
Subject to the limited license granted herein, Symbiosis shall own all right, title and interest in and to the Software, services, Documentation, and other deliverables provided under this Service Agreement, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. Customer agrees to assign all right, title and interest it may have in the foregoing to Symbiosis.
Assistance. Customer shall provide commercially reasonable information and assistance to Symbiosis to enable Symbiosis to deliver the SaaS Services. Upon request from Symbiosis, Customer shall promptly deliver Customer Content to Symbiosis in an electronic file format specified and accessible by Symbiosis. Customer acknowledges that Symbiosis’ ability to deliver the SaaS Services in the manner provided in this Service Agreement may depend upon the accuracy and timeliness of such information and assistance.
Compliance with Laws. Customer shall comply with all applicable local, state, national, and international laws in connection with its use of the SaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. Customer acknowledges that Symbiosis exercises no control over the content of the information transmitted by the Customer or the Users through the SaaS Services. Customer shall not upload, post or reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights.
Unauthorised Use or False Information. Customer shall (i) notify Symbiosis immediately of any unauthorized use of any password or user id or any other known or suspected breach of security, (ii) report to Symbiosis immediately and use reasonable efforts to stop any unauthorized use of the SaaS Services that is known or suspected by Customer or any User, and (iii) not provide false identity information to gain access to or use the SaaS Services.
Administrator Access. Customer shall be solely responsible for the acts and omissions of its Administrator Users. Symbiosis shall not be liable for the loss of data or functionality caused directly or indirectly by the Administrator Users.
Customer Input.Customer is solely responsible for collecting, inputting and updating all Customer Content stored on the Host, and for ensuring that the Customer Content does not
Customer shall
License from Customer. Subject to the terms and conditions of this Service Agreement, Customer shall grant to Symbiosis a limited, non-exclusive and non-transferable license, to copy, store, configure, perform, display and transmit Customer Content solely as necessary to provide the SaaS Services to Customer.
Ownership and Restrictions. Customer retains ownership and intellectual property rights in and to its Customer Content. Symbiosis or its licensors retain all ownership and intellectual property rights to the SaaS Services, Other Services, Software programs, and anything developed and delivered under this Service Agreement. Third party technology that may be appropriate or necessary for use with some Symbiosis’ programs is specified in program Documentation or ordering document as applicable. Customer’s right to use such third party technology is governed by the terms of the third party technology license agreement specified by Symbiosis and not under this Service Agreement.
Suggestions. Symbiosis shall have a royalty free, worldwide, irrevocable, perpetual license to use and incorporate into the SaaS Services any suggestions, enhancement requests, recommendation or other feedback provided by Customer, including Users, relating to the operations of the SaaS Services.
Orders. Customer shall order SaaS Services pursuant to a Schedule. All services acquired by the Customer shall be governed exclusively by this Service Agreement and the applicable Schedule. In the event of a conflict between the terms of a Schedule and this Service Agreement, the terms of the Schedule shall take precedence.
Invoicing and Payment. Unless otherwise provided in the Schedule, Symbiosis shall invoice the Customer for all fees on the Schedule effective date. Customer shall pay all undisputed invoices on the day Customer receives the invoice. Except as expressly provided otherwise, fees are non-refundable. All fees are stated in Indian Rupees and must be paid by Customer to Symbiosis in Indian Rupees.
Expenses. Customer will reimburse Symbiosis for its reasonable, out-of-pocket travel and related expenses incurred in performing Other Services. Symbiosis shall notify Customer prior to incurring any such expense. Symbiosis shall comply with Customer’s travel and expense policy if made available to Symbiosis prior to the required travel.
Taxes. Symbiosis shall bill Customer for applicable taxes as a separate line item in each invoice. Customer shall be responsible for payment of all sales and use taxes, goods and service taxes (GST), or similar charges relating to Customer’s purchase and use of the services. Customer shall not be liable for taxes based on Symbiosis’ net income, capital or corporate franchise.
Term of Service Agreement. The term of this Service Agreement shall begin from the Effective Date and shall continue until terminated by either Party as outlined in this Section.
Termination. Either Party may terminate this Service Agreement immediately upon a material breach by the other Party that has not be cured within thirty (30) days after receipt of notice of such breach.
Suspension for Non-Payment. Symbiosis reserves the right to suspend delivery of the SaaS Service if Customer fails to timely pay any undisputed amounts due to Symbiosis under this Service Agreement, but only after Symbiosis notifies Customer of such failure and such failure continues for fifteen (15) days. Suspension of the SaaS Services shall not release Customer of its payment obligations under this Service Agreement. Customer agrees that Symbiosis shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the SaaS Services resulting from the Customer’s nonpayment.
Suspension for Ongoing Harm. Symbiosis reserves the right to suspend delivery of SaaS Services if Symbiosis reasonably concludes that Customer ora User’s use of the SaaS Service is causing immediate and ongoing harm to Symbiosis or others. In the extraordinary case that Symbiosis must suspend delivery of the SaaS Services, Symbiosis shall immediately notify Customer of the suspension and the Party shall diligently attempt to resolve the issue. Symbiosis shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to any suspension of the SaaS Services in accordance with this Section. Nothing in this Section will limit Symbiosis’ right under Section “Effects of Termination”.
Effect of Termination.
The SaaS Services will achieve System Availability of at least 99% during each calendar year of the Subscription Term. If Symbiosis fails to meet System Availability in the year, upon written request by Customer within thirty (30) days after the end of the year, Symbiosis will issue a credit in Customer’s next invoice in an amount equal to 1% of the yearly fee for the affected SaaS Services for each 1% loss of System Availability below stated SLA per SaaS Services, up to a maximum of the Customer’s fee for the affected SaaS Services. If the yearly fees has been paid in advance, then at Customer’s election Symbiosis shall provide a credit to Customer to be used for additional Users or term extension. The remedy stated in this paragraph is Customer’s sole and exclusive remedy for interruption of SaaS Services and Symbiosis’ failure to meet System Availability.
Symbiosis represents and warrants that it will provide the SaaS Services in a professional manner consistent with general industry standards and that the SaaS Services will perform substantially in accordance with the Documentation. For any breach of a warranty, Customer’s exclusive remedy shall be as provided in Section “Term and Termination”.
SYMBIOSIS WARRANTS THAT THE SAAS SERVICES WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION. SYMBIOSIS DOES NOT GUARANTEE THAT THE SAAS SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT SYMBIOSIS WILL CORRECT ALL SAAS SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT SYMBIOSIS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SAAS SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERANT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SYMBIOSIS (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT. NEITHER SYMBIOSIS NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL SYMBIOSIS OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORISED ALTERATION, THEFT OR DISTRUCTION OF CUSTOMER’S OR ANY USER’S DATA, FILES OR PROGRAMS.
NEITHER PARTY (NOR ANY LICENSORS OR OTHER SUPPLIER OF SYMBIOSIS) SHALL BE LIABLE FOR INDIRECT, INCEDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, PROFITS, DATA OR USE OF ANY SERVICE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THIS SERVICE AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLEGENCE), EVEN IF THE FORSEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NIETHER PARTY’S AGGREGATE LIABILITY FOR DAMAGES UNDER THIS SERVICE AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLEGENCE), SHALL EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THIS SERVICE AGREEMENT DURING THE 12 MONTHS PRECEDING THE DATE THE CLAIM AROSE. The foregoing limitations shall not apply to the parties’ obligations (or any breach thereof) under Sections “Restriction”, “Indemnification” or “Confidentiality”
Indemnification by Symbiosis. If a third party makes a claim against Customer that the SaaS Services infringes any patent, copyright or trademark, or misappropriates any trade secret, or that Symbiosis’ negligence or wilful misconduct has caused bodily injury or death, Symbiosis shall defend Customer and its directors, officers and employees against the claim at Symbiosis’ expense and Symbiosis shall pay all losses, damages and expenses (including reasonable attorney’s fees) finally awarded against such parties or agreed to in a written settlement agreement signed by Symbiosis, to the extent arising from the claim. Symbiosis shall have no liability on any claim based on (a) the Customer Content, (b) modification of the SaaS Services not authorized by Symbiosis, or (c) use of the SaaS Services other than in accordance with the Documentation and this Service Agreement, Symbiosis may, at its sole option and expense, procure for Customer the right to continue use of the SaaS Services, modify the SaaS Services in a manner that does not materially impair the functionality, or terminate the Subscription Term and repay to Customer any amount paid by Customer with respect to the Subscription Term following the termination date.
Indemnification by Customer. If a third party makes a claim against Symbiosis that the Customer Content infringes any patent, copyright or trademark, or misappropriates any trade secret, Customer shall defend Symbiosis and its directors, officers and employees against the claim at Customer’s expense and Customer shall pay all losses, damages and expenses (including reasonable attorney’s fees) finally awarded against such parties or agreed to in a written settlement agreement signed by Customer, to the extent arising from the claim.
Conditions for Indemnification. A Party seeking indemnification under this section shall (a) promptly notify the other Party of the claim, (b) give the other Party sole control of the defense and settlement of the claim, and (c) provide at the other Party’s expense for out-of-pocket expenses, the assistance, information and authority reasonably requested by the other Party in defense and settlement of the claim.
Definition. “Confidential Information” means any information disclosed by a Party to the other Party, directly or indirectly, which, (i) if in written, graphic, machine-readable or other tangible form, is marked as “confidential” or “proprietary”, (ii) if disclosed orally or by demonstration, is defined at the time of initial disclosure as confidential and is confirmed in writing to the receiving Party to be “confidential” or “proprietary” within 30 days of such disclosure, (iii) is specifically deemed to be confidential by the terms of this Service Agreement, or (iv) reasonable appears to be confidential or proprietary because of the circumstances of the disclosure and the nature of the information itself. Confidential Information will also include information disclosed by third parties to a disclosing Party under an obligation of confidentiality. Subject to the display of Customer Content as contemplated by this Service Agreement, Customer Content is deemed as Confidential Information of Customer. Symbiosis software and Documentation are deemed Confidential Information of Symbiosis.
Confidentiality. During the term of this Service Agreement and for 5 years thereafter (perpetually in the case of software), each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information except to exercise its rights and perform its obligations under this Service Agreement, and shall not disclose such Confidential Information to any third Party. Without limiting the foregoing, each Party shall use at least the same degree of care, but not less than a reasonable degree of care, it uses to prevent the disclosure of its own confidential information to prevent the disclosure of Confidential Information of the other Party. Each Party shall promptly notify the other Party of any actual or suspected misuse or unauthorized disclosure of the other Party’s Confidential Information. Neither Party shall reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the other Party’s Confidential Information and which are provided to the Party hereunder. Each Party may disclose Confidential Information of the other Party on a need-to-know basis to its contractors who are subject to confidentiality agreement requiring them to maintain such information in confidence and use it only to facilitate the performance of their services on behalf of the receiving Party.
Exceptions. Confidential Information excludes information that: (i) is known publicly at the time of disclosure or becomes known publicly after disclosure through no fault of the receiving Party, (ii) is known to the receiving Party, without restriction, at the time of disclosure or becomes known to the receiving Party, without restriction, from a source other than the disclosing Party not bound by confidentiality obligations to the disclosing Party, or (iii) is independently developed by the receiving Party without use of the Confidential Information as demonstrated by the written records of the receiving Party. The receiving Party may disclose Confidential Information of the other Party to the extent such disclosure is required by the law or order of the court or other governmental authority, provided that the receiving Party shall use reasonable efforts to promptly notify the other Party prior to such disclosure to enable the disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure. Each Party may disclose the existence of this Service Agreement and the relationship of the Parties, but agrees that the specific terms of this Service Agreement will be treated as Confidential Information; provided, however, that each Party may disclose the terms of this Service Agreement to those with a need to know and under a duty of confidentiality such as accountants, lawyers, bankers and investors.
Non-Exclusive Service. Customer acknowledges that SaaS Services is provided on a non-exclusive basis. Nothing shall be deemed to prevent or restrict Symbiosis’ ability to provide the SaaS Services or other technology, including any features or functionality first developed for Customer, to other parties.
Personal Data. Customer hereby acknowledges and agrees that Symbiosis’ performance of this Service Agreement may require Symbiosis to process, transmit and/or store Customer’s personal data or personal data of Customer’s employees and affiliates. By submitting personal data to Symbiosis, Customer agrees that Symbiosis and its Affiliates may process, transmit and/or store personal data only to the extent necessary for, and for the sole purpose of enabling Symbiosis to perform its obligations to under this Service Agreement. Customer agrees to obtain all necessary consents and make all necessary disclosures before including Personal Data in Customer Content and using the Software and Symbiosis’ SaaS Services. Customer confirms that Customer is solely responsible for any Personal Data that may be contained in Customer Content, including any information which any User of Symbiosis’ SaaS Services shares with third parties on Customer’s behalf. Customer is solely responsible for determining the purposes and means of processing Customer’s Personal Data by Symbiosis under this Service Agreement, including that such processing according to Customer’s instructions will not place Symbiosis in breach of applicable data protection laws. Prior to processing, Customer will inform Symbiosis about any special categories of data contained within Customer’s Personal Data and any restrictions or special requirements in the processing of such special categories of data, including any cross-border transfer restrictions. Customer is responsible for ensuring that Symbiosis’ SaaS Services meets such restrictions or special requirements, Symbiosis to process any Personal Data that meets the requirements set forth in this Section according to these Service Agreement.
Symbiosis’ Personal Data Obligations. In performing the SaaS Services, Symbiosis will comply with the Privacy Policy which is available at https://vizitus.com/privacy-policy and incorporated herein by reference. Symbiosis’ Privacy Policy is subject to change at Symbiosis’ discretion. However, Symbiosis’ policy changes will not result in material reduction in the level of protection provided for Customer’s data during the period for which fees for the services have been paid. The services policies referenced in this Service Agreement specify our respective responsibilities for maintaining the security of Customer Content in connection with the SaaS Services. Symbiosis reserved the right to provide the SaaS Services from Host locations, and/or through the use of sub-contractors worldwide. Symbiosis will only process Customer’s Personal Data in a manner that is reasonably necessary to provide SaaS Services and only for that purpose. Symbiosis will only process Customer’s Personal Data in delivering Symbiosis’ SaaS Services. Customer agrees to provide any notices and obtain any consent related to Symbiosis’ use of the data for provisioning the SaaS Services, including those related to the collection, use, processing, transfer and discloser of personal information. Customer shall have sole responsibility for accuracy, quality integrity, legality, reliability, appropriateness and retains ownership of all of Customer’s data.
Assignment. Neither Party may assign this Service Agreement on any right under this Service Agreement, without the consent of the other Party, which consent shall not be unreasonably withheld or delayed; provided however, that either Party may assign this Service Agreement to an acquirer of all or substantially all of the business of such Party to which this Service Agreement relates, whether by merger, asset sales or otherwise. This Service Agreement shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns. Either Party may employ subcontractors in performing its duties under this Service Agreement, provided however, that such Party shall not be relieved of any obligation under this SaaS Agreement.
Notices. Except as otherwise permitted in this Service Agreement, notices under this Service Agreement shall be in writing and shall be deemed to have been given (i) five (5) business days after mailing if sent registered post, (ii) when delivered if delivered personally or sent by express courier service. All notices shall be sent to the other Party at the address available on https://vizitus.com/contact-us .
Force Majeure. Each Party will be excused from performance for any period during which, and to the extent that, such Party or any subcontractor is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.
Waiver. No waiver shall be effective unless it is in writing and signed by the waiving Party. The waiver by either Party of any breach of this Service Agreement shall not constitute a waiver of any other or subsequent breach.
Severability. If any term of this Service Agreement is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this Service Agreement shall remain in full force.
Entire Service Agreement. This Service Agreement (including all Schedules and annexures) contains the entire agreement of the parties and supersedes all previous oral and written communications by the parties, concerning the subject matter of this Service Agreement. This Service Agreement may be amended solely in writing signed by both parties. Standard orprinted terms contained in any purchase order or sales confirmation are deemed rejected and shall be void unless specifically accepted in writing by the Party against whom their enforcement is sought. Mere commencement of work or payment against such forms shall not be deemed acceptance of the terms.
Survival. Sections “Restrictions”, “Terms and Termination”, “Warranties”, “Limitations of Liability”, “Indemnification”, “Confidentiality”, “General Provisions” of this Service Agreement shall survive the expiration or termination of this Service Agreement for any reason.
Publicity. Symbiosis may include Customer’s name and logo in its customer lists and on its website. Upon signing, Symbiosis may issue a high-level press release announcing the relationship and the manner in which Customer will use the Symbiosis’ solutions. Symbiosis shall coordinate its efforts with appropriate communications personnel in Customer’s organization to secure approval of the press release if necessary.
Export Regulations. Export laws and regulations of India and any other relevant local export laws and regulations apply to the SaaS Services. Customer agrees that such export control laws govern its use of the SaaS Services (including technical data) and any services deliverables provided under this Service Agreement, and Customer agrees to comply with all such export laws and regulations. Customer agrees that no data, information, software programs and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws.
No Third Party Beneficiaries. This Service Agreement is an agreement between the parties, and confers no rights upon either parties’ employees, agents, contractors, partners or upon any other person or entity.
Independent Contractor. The parties have the status of independent contractors, and nothing in this Service Agreement nor the conduct of the parties will be deemed to place the parties in any other relationship. Except as provided in this Service Agreement, neither Party shall be responsible for the acts or omissions of the other Party or the other Party’s personnel.
Statistical Information. Symbiosis may anonymously compile statistical information related to the performance of the services for the purpose of improving the SaaS Services, provided that such information does not identify Customer’s data or include Customer’s name.
Governing Law. This Service Agreement shall be governed by the laws of the Government of India, excluding its conflict of law principles.
Compliance with Laws. Symbiosis shall comply with all applicable local, state, national and international in connection with its delivery of SaaS Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data.
Dispute Resolution. Customer satisfaction is an important objective to Symbiosis in performing its obligations under this Service Agreement. Except with respect to intellectual property rights, if a dispute arises between the parties relating to the interpretation or performance of this SaaS Agreement or the grounds for the termination hereof, the parties agree to hold a meeting within fifteen (15) days of written request by either Party, attended by individuals with decision-making authority, regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, within fifteen days after such meeting, the parties have not succeeded in resolving the dispute, either Party may protect its interests by any lawful means available to it.
Symbiosis offers preview, insider, beta or other free-of-charge products and features ("previews") to enable you to evaluate them while providing Symbiosis with data about your use of the product, including feedback and device and usage data. As a result, previews can automatically collect additional data, provide fewer controls, and otherwise employ different privacy and security measures than those typically present in our products. If you participate in previews, we may contact you about your feedback or your interest in continuing to use the product after general release.
We update this Service Agreement when necessary to provide greater transparency or in response to:
When we post changes to this Service Agreement, we will revise the "last updated" date at the top of the statement and describe the changes on the Change history page. If there are material changes to the statement, such as a change to the purposes of processing of personal data that is not consistent with the purpose for which it was originally collected, we will notify you either by prominently posting a notice of such changes before they take effect or by directly sending you a notification. We encourage you to periodically review this privacy statement to learn how Symbiosis is protecting your information.