Terms of service
Last Updated on 27 August 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND CONFIRM YOUR ACCEPTANCE BEFORE AVAILING OUR SERVICES.
1.1 “FieldNXT“, “we“, “us” or “our” shall mean FieldNXT Service Solution Pvt Ltd, 5th Floor, CDAC, Technopark, Thiruvananthapuram, Kerala, India – 695582
1.2. “You“, “your” or “Customer” shall mean an individual or legal entity who is signing up for any kind of Services from us, irrespective of the nature or duration of the Services. Customer’s details, including name of the contracting entity and the authorized representative, are as provided in the accompanying Order Form.
1.3. “Affiliate” means, (i) with respect to any party other than a natural person, any other person who holds or in which such party holds 50% or more of the paid-up share capital, directly or indirectly, or is controlling, controlled by or under common control with such party; (ii) in the case of any party that is a natural person, any other person who is a relative of such party as per the provisions of the act. for the purposes of this definition, the term “control” (including with correlative meaning, the terms “controlled by” and “under common control” with) as applied to any party, (i) means the (a) ownership or possession, directly or indirectly, of more than one half of the voting power of an enterprise, or (b) control of the composition of the board of directors in the case of a company or of the composition of the corresponding governing body in case of any other enterprise, or (c) a substantial interest in voting power and the power to direct, by statute or agreement, the financial and/or operating policies of the Person; and (ii) shall include the ownership or possession, directly or indirectly, of the power to direct or cause the direction of the management of that Person whether through ownership of voting securities or otherwise.
2. SCOPE OF SERVICES
2.1 Subscription Services
2.1.1. During the Subscription Term, we will grant the Customer a non-transferable, non-exclusive, worldwide right to permit Users authorized by the Customer to access and use the FieldNXT Platform for its internal business operations in accordance with these Terms of Service, the relevant Order Form and all laws and regulations applicable to the Customer. The Customer shall not use the right granted hereunder or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication.
2.1.2. You may, at any time, subscribe to additional features of the Subscription Services (existing features or new features that may be made available by us from time to time) by executing an additional Order Form.
2.1.3. We may update the Platform (‘Product(s)’) from time to time, without adversely affecting the Subscription Services. We, however, are under no binding obligation to release new features or updates to the platform(s). We make no representations as to future features and functionalities, irrespective of any public announcements or comments in this regard.
2.1.4. Subscription Services may not be made available during Planned Downtime or Force Majeure. But we will make sure uptime is always even on planned downtime.
2.2 Consulting Services
Consulting Services will be provided by us in accordance with the relevant Order Form. Unless otherwise agreed, Consulting Services will be performed remotely and rendered in English.
2.3 Third Party Service Providers or Third-Party Software
We may use third-party service providers, including application service providers(‘SAP’, ‘Tally’, ‘Sales Force’, ‘Whatsapp’) and hosting service providers (DigitalOcean, AWS, Azure), for rendering any of the Services hereunder without seeking further consent from you, but we will continue to be responsible for such Services. FieldNXT will however, not be responsible for any third-party service providers engaged by you or any third-party software that may be procured by you, whether with or without our consent and notwithstanding that the same may be integrated with the Services.
USE OF SUBSCRIPTION SERVICES
3.1. Acceptable Use
You will comply with the Acceptable Use Policy. Specifically, you will not:
3.1.1. use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. If we find such cases, we will suspend/terminate/block the account without any notice. We will notify you with proper notice in prior or later.
3.1.2. use the Subscription Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Subscription Services;
3.1.3. attempt to gain unauthorized access to the Subscription Services;
3.1.4. make the Services available to anyone other than authorized Users;
3.1.5. sell, resell, rent or lease the Services unless explicitly permitted in the relevant Order Form;
3.1.6. use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
3.1.7. use the Services to store or transmit malicious code;
3.1.8. access the Subscription Services other than through the interface provided by us;
3.1.9. create derivative works based on the Services or the Software unless we have been explicitly authorized by you;
3.1.10. reverse engineer the Services or the Software or access the Services in order to: (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services;
3.1.11. use the Subscription Services for any purpose or in any manner that is unlawful under applicable laws or prohibited by under FieldNXT Terms.
3.2. Service Usage Limitations
Depending on the requested Services or as necessary to provide any service you have requested, we may share your information with our trusted third parties that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Website and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. These third parties are given Personal Information they need only in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.
4. User Rights over their data
You can exercise any of the rights described in this section consistent with applicable law. Please note that we may ask you to verify your identity and request before taking further action on your request.
4.1 Managing your information. You can access and update some of your personal information through your account organization settings. You are responsible for keeping your personal information up to date.
4.2 Data access and portability. In some jurisdictions, applicable law may entitle you to request certain copies of your personal information or information about how we handle your personal information, request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format for auditing.
4.3 Data Deletion. In certain jurisdictions, you can request that your personal information be deleted. Please note that if you request the erasure of your personal information:
- We may retain your personal information as necessary for our legitimate business interests. For example, if we suspend a Customer Account for safety reasons, we may retain information from that Customer Account to prevent that Member from opening a new Account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, FieldNXT may keep information for tax, legal reporting, and auditing obligations.
- We take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
5. Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through our Website or Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Website or Service without their permission. Please connect with us, if you have reason to believe that a child under the age of 18 has provided Personal Information to us through our Website or Service. You must also be old enough to consent to the processing of your Personal Information in the concerned jurisdiction.
6. Security of personal information
We implement industry-standard technical and organizational measures by using a variety of security technologies and procedures to help protect your data from unauthorized access, use, loss, destruction or disclosure. When we collect particularly sensitive data (such as your geo-location), it is encrypted using industry-standard SSL (Secured Socket Layer) for standard industry standard data encryption.
Your password is your first line of defense once you set up a FieldNXT account, so we recommend that you set a strong password which you never share with anyone and ensure you sign out of your FieldNXT account once you have used that same.
7. Third-party links
We may display links to third-party websites or applications on our Website or App for advertising or providing you with relevant content. We will not be responsible for such third-party websites or applications if you choose to access them. If you provide any data to such a website/application, please ensure you read their policies given that you will no longer be bound by this Policy in doing so.
8. Business Transfer
We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to FieldNXT, our Users, or expose FieldNXT to a claim of obstruction of justice.
10. Data Breach
In the event we become aware that the security of the Website has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website, send you an email, get in touch with you over the phone, or mail you a letter as a notification.
12. Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Products.
13. Contact information