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Terms & Conditions

Terms

These Terms of Use (“Terms”) shall apply to and govern your access and use of the Codeintelli Services provided through the Website codeintelli.com or any of its subdomains or subpages (“Website”) or otherwise in electronic form.

PLEASE READ THE TERMS CAREFULLY AND ENSURE YOU UNDERSTAND THEM FULLY. BY ACCESSING OR USING OUR WEBSITE AND/OR SERVICES,  YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS,  DO NOT ACCESS AND USE OUR SERVICES AND OUR WEBSITE.

These Terms are supplemented by our Privacy Policy,  which is incorporated herein by reference.  Therefore, by agreeing to the Terms, you also acknowledge and accept the Privacy Policy.  Whenever there are conflicting provisions between the Terms and Privacy Policy,  the provisions of the latter apply.

Your access to and use of Services is conditioned on your acceptance of and compliance with these.  The moment you start using Service these Terms become a legal agreement between you as the Service’s user and us.  If you disagree with any part of the Terms,  then you may not access the Service.

DEFINITIONS

“Codeintelli” refers to the company REDINK d.o.o., PRAHLADNAGAR TRADE CENTRE,  BEHIND TITANIUM CITY CENTRE,  Times of India Press Road, Vejalpur,  Ahmedabad 300015.,  biz@codeintelli.com,  which is the company that offers the Services;

“User”,  “you” refers to the person, company,  or organization who is engaging with us using our Services and accessing our Website and who,  after the App is created and distributed,  enters into the license agreement with End-Users of the created App;

“End-User” refers to any individual or entity that uses the created App and agrees to be bound by the license agreement between you and the End-User.  End-Users are not in any contractual relationship with Codeintelli whatsoever.

CHANGES TO THESE TERMS

We reserve the right to change, modify,  add or remove portions of these Terms at any time for any reason without any notice to you.  Any changes will be effective immediately upon posting on our Website.  It is your responsibility to review these Terms regularly.  Your continued access/use of our Services and/or our Website constitutes your acceptance of the latest Terms.  If,  at any time, you find these Terms unacceptable or if you do not agree to these Terms,  you must stop using our Services and accessing our Website.

DESCRIPTION OF SERVICES

Through our software solution available through the Website,  we provide the users with an online service for the transformation of a website that is running on one of the supported platforms into a native mobile App (“App”),  together with additional functionalities,  such as content optimization,  text analysis,  monitoring of Google Analytics data,  media and web link optimizations,  3rd party payment services,  as well as any other service which is or may be made available through the Website (collectively “Services”).  The list of the supported platforms is available on the Website. 

The use of the Services is subject to a fee,  unless otherwise stated in these Terms.  Different service limitations exist for each of our subscription plans.  Please refer to these Terms and our Website for details.

Note,  that our Services do not include the establishment of policies for and ensuring compliance of the App with all applicable laws and regulations,  nor the establishment of appropriate legal arrangements between you and End-Users,  including but not limited to privacy protection laws and regulation.  It is solely your responsibility to govern the End-User's use of your App,  which also includes preparing the applicable End-User policies and entering into relevant agreements (e.g.; terms and conditions,  privacy policy,  End-User Licensing Agreement) (also see Section 8.1.).

The Services are provided on an  “as is”  and  “as available”  basis.  Our Services may evolve over time and may be adapted to current developments.  We reserve the right to extend,  change,  supplement,  or discontinue (temporarily or permanently) the available range of Services,  change the pricing of Services,  add or delete features of Services,  at any time for any reason with or without notice.  In this case,  you may be prevented from accessing or using our Services.  If,  in our sole discretion,  we decide to permanently discontinue our Services,  we will provide you with notice via our Website.

ELIGIBILITY

You must be at least 18 years old or at least the age of majority in the jurisdiction where you reside or from which you use the Services to create an Account or use the Services. By using the Services, you represent and warrant that:

  • you have full power and authority to enter into this agreement;
  • you have not been previously suspended or removed from using our Services;
  • you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
  • You may only use the Services personally.  Use by “bots”,  programs or any other automated methods is not permitted.

WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.

REGISTRATION AND ACCOUNT

The use of our Services requires a registration with the creation of an Account on our Website.  Registration is achieved by providing your email address and setting a password,  which you can then use to access your Account and log on to the Website.

You must be authorized to use the provided email address and ensure that you are available via this email address.  Created Account is personal to you and you warrant and represent that you shall not create multiple Accounts.  For the purpose of Account security,  we reserve the right to request additional information at any time to support the verification of user identities.

When registering for an Account,  you agree that you will
(a) provide only accurate,  complete and up-to-date information, 
(b) maintain and promptly update your Account information,  
(c) maintain the confidentiality and security of your Account data (especially the password),  
(d) accept all risks and responsibility associated with any authorized or unauthorized access to your Account and
(e) immediately notify Codeintelli if you discover or otherwise suspect any unauthorized use of your Account.  Any actions carried out via your Account or under your name shall be attributed to you.  You are responsible for any activity that occurs under your Account as if you were acting for yourself.

We are entitled to remove unused accounts,  which do not contain paid services,  with or without prior notice and therefore,  delete and remove the created App.

1. HOW DOES IT WORK


The Services are conducted through our Website as follows:

1.1. Register and Login.  You need to register on our Website (see Section 5 above) and login into your personal Account to use our Services.

1.2. Setup.   Once you are logged in,   you can access your Account page,  from where you are able to choose to create a new App or edit existing ones.  To create a new App, you will be asked to provide the required information about the App (App name, website URL, App description) and your contact email address.

1.3. IF you choose to use our Services for building a mobile application for your online shop, you will also have to provide and/or choose: your WooCommerce URL,   your WooCommerce Rest API key,  with permission to read/write (consumer key, consumer secret), your payment gateway;  either PayPal,  where you will have to provide PayPAl access token,  or Stripe,  where you will have to provide Stripe secret,   or Razorpay,  where you will have to provide Razorpay API key and secret),   preferred language and/or translations (available languages: EN, ES, IT, DE, SI).

1.4. Design, Content and App-icon.  You may establish the appearance of your App by choosing a design template and by changing fonts,  colours or components of your App.   You will also be asked to upload your App icons.

1.5. Analytics.   If you wish to gather and track your website and mobile App analytics for your blog app,  you will be asked to provide us with your Google Analytics account.  By providing us with your Google Analytics account you give us permission to access and use your information from that service as permitted by that service,  as well as to create a new property for a mobile App analytics within the provided Google Analytics account.   If you wish to gather and track your website and mobile App analytics for your shopping app,  you will also be asked to provide us with a google-services.  json file for integrating Firebase analytics.   If you choose not to provide us with your Google Analytics account and the google-services.json file needed for Firebase Analytics,   you will not be able to track your website and mobile App analytics.

1.6. Payment.  For any project or Creation of an app there should be 60% advance payment is must and 20% after the completion of initial stage and remaining 20% after the completion of the project.  To proceed with the creation of the App,  you will be asked to select your subscription plan,  choose the payment methods you wish to use and enter your payment details (see Section 2).

1.7. Creation of the App.  After the payment has been successfully completed,   Codeintelli automatically builds your customized App.   You are solely responsible for submitting your app to Google Play and/or Apple App Store,   if you want your app to be publicly available.   We do not and cannot guarantee acceptance and that an App will be published by either Apple or Google Play (see Section 8).   If you want Us to publish the app for you,  you will also be required to provide the necessary information and access to your Google Play and Apple’s App Store accounts.

1.8. App Edit.   If you want to edit an existing App,  you will be directed to the App edition page after selecting the App you want to edit in your Account page.

1.9. Cancellation.   You may cancel your current subscription plan at any time and you will continue to have access to the Service through the end of your subscription period.  To cancel the subscription plan,   go to your Account page and follow the instructions for cancellation.   However, note that the cancellation will not be effective immediately,  but will only take effect with the expiration of the current subscription period.   Therefore,  if you cancel your subscription and terminate the agreement before the end of the current subscription period,  you will be required to pay the remaining amounts due through the end of the subscription plan and will not be entitled to a refund of any amount.


2.PAYMENT OF FEES AND NON-REFUND POLICY



2.1. Charges.  For any project or Creation of an app there should be 60% advance payment.  It is non refundable.  You are obliged to pay the fees applicable to your subscription to our Services and any other fees that may apply to your use of Services.  Unless otherwise provided by a particular Service offer,  the Services are offered on a monthly or annually subscription basis.  The monthly or annual fee shall be determined by the subscription plan selected by the user at the time of subscription.

2.2. Recurring payments.  BY PURCHASING THE SERVICES,  YOU THEREBY AGREE THAT YOU ARE AUTHORIZING RECURRING PAYMENTS,  AND PAYMENTS WILL BE MADE TO US BY THE METHOD AND AT THE RECURRING INTERVALS YOU HAVE AGREED TO,   UNTIL THE SUBSCRIPTION FOR THAT SERVICE IS TERMINATED BY YOU OR BY US.  Subscription fees are generally charged in advance of the applicable subscription period.  Unless otherwise stated in these Terms or provided by a particular Service offer,  the first such payment is taken in advance of Service commencement,  while the payments thereafter will be automatically billed in 30-day intervals (for monthly subscription) or on the same day of each year thereafter (for annual subscription).

2.3. Non-payment.  If we are not able to process payment of fees using the provided payment method (including in the event of insufficient funds),  we will make a second attempt to process payment using the provided payment method 10 days later.  If the second attempt is not successful,  we will make a final attempt 10 days following the second attempt.  If our final attempt is not successful,  we may cancel your subscription to our Services and revoke access to your Account and its content,  which will also result in a deletion and removal of the created App.

2.4. Payment methods.  To pay the charges for a Service,  you will be asked to provide a payment method at the time you subscribe to that Service.  Payment method means a current,  valid,  accepted method of payment,  as may be updated from time to time and which may include payment through your Account with a third party. You agree to promptly update your Account and other information,  including your email address and payment method details,  so we can complete your transactions and contact you as needed in connection with your transactions.  By providing us with a payment method,  you
(i) represent and warrant that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate and you
(ii) authorize us to charge you for the Services using your payment method.  If the payment method you designate cannot be verified is invalid or is otherwise not acceptable,  your purchase order may be suspended or canceled automatically.  You agree to resolve any problems we encounter in order to proceed with your purchase order.  If any errors occur during processing your transaction online through our Website,  please contact us immediately on our email: biz@codeintelli.com.

2.5. Trial-Period Offers.  Your Service subscription may start with a free trial.  The free trial period of your subscription lasts for 14 days and is intended to allow new users to try the Service.  IF YOU ARE TAKING PART IN SUCH FREE TRIAL-PERIOD OFFER, YOU MUST CANCEL THE TRIAL SERVICE BY THE END OF THE TRIAL PERIOD TO AVOID INCURRING NEW CHARGES, UNLESS WE NOTIFY YOU OTHERWISE. IF YOU DO NOT CANCEL THE TRIAL SERVICE BY THE END OF THE TRIAL PERIOD,  WE WILL CHARGE YOU FOR THE SERVICE. To prevent free trial abuse,  we also reserve the right to charge you for such Services if we determine (in our reasonable discretion) that you are breaching the terms and conditions of the offer.  We are entitled to remove Apps that have been created in free trial mode,  after the expiration of the free trial period with or without prior notice.

2.6. Changes to the Price and Subscription Plans.  We may change our subscription plans and the price of the Services at any time and if you have a recurring purchase,  we will notify you by email, or other reasonable manner before the price change.  The price change will take effect with the expiration of the current subscription period.  If you do not agree to the price change,  you must cancel and stop using the Services before the price change takes effect.

2.7. Refund Policy.  For any project or Creation of an app there should be 60% advance payment.  It is non refundable.  Unless otherwise provided by law or by a particular Service offer,  all purchases are final and non-refundable.  This also applies if third parties prevent the unrestricted operation of the Apps,  e.g. through the assertion of claims or if the operators of the App stores refuse to publish the App in the App store.  Our Services are made to user’s specifications and clearly personalized thereby exempted from the right of withdrawal under the applicable consumer rights regulation.




3. YOUR RESPONSIBILITY TO PREPARE AND ABIDE BY SEPARATE END-USER POLICIES AND AGREEMENTS



3.1. Your responsibility to prepare End-User policies and agreements. Once the App is published and distributed through the App store(s), you are the App provider, meaning that you are the contracting party of all agreements entered into with the End-Users of the created App as well as the End-User's personal data controller. As an App provider, you are solely responsible for establishing policies for and ensuring compliance of the App with all applicable laws and regulations, including those relating to the collection of personal information in connection with the use of the App by End-Users who interact with the created App (this includes informing the End-Users about your collection and use of their personal data and providing them with all other relevant information under the applicable privacy laws and regulations). You also acknowledge and agree that you are solely responsible for ensuring that proper legal agreements between the End-Users of the App and you as the provider of the created App are in effect, including the End-User Licensing Agreement (EULA) and other terms and conditions for use of the App by the End-Users. UNDER NO CIRCUMSTANCES, SHALL CODEINTELLI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OUR END-USERS DERIVED FROM THE END-USER'S USE OF THE CREATED APP, OR THE SERVICES AND/OR CONTENT POSTED IN THE APP OR TRANSMITTED TO THE END-USERS, OR AS A RESULT OF YOUR FAILURE TO COMPLY WITH THE APPLICABLE LAWS AND REGULATIONS.

3.2.. Your responsibility to abide by separate End-User policies and agreements. You agree to abide by the separate Terms of Use, Privacy Policy and Acceptable Use Policy maintained in the Google Play and Apple/iTunes App stores. Apple and Google will determine final compliance with their standards independently from us and our Service; we do not and cannot guarantee acceptance and that an App will be published by either Apple or Google Play. If Apple or Google denies your application you may cancel your Account, however there are no refunds under any circumstances. For details regarding Google and Apple requirements and standards, go to https://play.google.com/about/developer-content-policy and https://developer.apple.com/app-store/review/guidelines , respectively.




4.RESPONSIBILITY FOR CONTENT AND PROHIBITION OF ILLEGAL USE



By uploading, posting, submitting or otherwise disclosing or distributing any content through the Service (“User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property rights or rights of publicity or privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. We take no responsibility and assume no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We are not responsible for any public display or misuse of your User Content. We may, but have no obligation to, remove User Content and suspend or terminate Account if we determine in our sole discretion that the User Content uploaded or posted to an App, violates these Terms or any applicable local, state, national, and international laws, rules, or regulations.

Any use of the Services for illegal purposes is prohibited. The applicable laws, in particular copyright law, competition law, data protection law, criminal law, etc. must be observed for every use. Any violation may result in termination. It is not permitted to post or use content that is obscene, offensive, defamatory, violent, glorifies violence, racist, xenophobic, pornographic or clearly sexual or can be understood as such.



ACCEPTABLE USE

When accessing and using our Services, you agree and acknowledge that you will use the Services, including all features and functionalities associated therewith, in accordance with these Terms and with applicable law and that you will not violate any law, contract, intellectual property, privacy or other third-party right or commit a tort and that you are solely responsible for your conduct while using the Services. Without limiting the generality of the foregoing, you agree that you will not:

  • use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • use our Services to support or otherwise engage in any illegal activities;
  • engage in any discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful, or otherwise objectionable conduct;
  • engage in any act that we deem to be in conflict with the spirit or intent of the Service;
  • use or attempt to use another user's Account without authorization;
  • attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
  • develop any third-party applications that interact with our Services without our prior written consent;
  • provide false, inaccurate, or misleading information;
  • create multiple Account to use our Services; or
  • encourage or induce any third party to engage in any of the activities prohibited under this Section.


INTELLECTUAL PROPERTY RIGHTS

We reserve all rights, titles and interest to our Services and Intellectual Property, whether registered or not, except for the copyright of third parties’ technologies. For the purposes of these Terms, “Intellectual Property” means all registered and unregistered patent rights, inventions, trade names, proprietary rights, copyright rights, titles, processes, marks, methods, compositions, formulae, techniques, information, data, text, graphics, logos, images, charts, video, audio, and source code, as well as any compilation thereof, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, under the laws of any state, country, territory or other jurisdiction. You agree not to modify, publish, transmit, reverse engineer, participate in transfer or sale, create derivative works, or in any way exploit any of our Intellectual Property, in whole or in part. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right to you, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that our Services and Intellectual Property may be used only as provided in these Terms.

The User who creates an App using the Services is the intellectual holder and the only responsible for the content of the App. If it has content whose Intellectual Property belongs to others, the user must have their permission. If not, the user will be liable to any intellectual property dispute that may occur with the real holder of that content.

THIRD-PARTY LINKS, SITES AND SERVICES


Our Services may include links to third-party websites, repositories, channels, apps etc. (hereinafter Third-Party Sites). If you use any links made available through our Services to reach Third-Party Sites, you will leave our Services. The Third-Party Sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by their own terms and conditions.

We shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through Third-Party Sites. We provide these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by Codeintelli of the linked site, nor does it imply that the linked site recommends, approves of, or endorses Codeintelli.

INVESTIGATIONS


We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or emails you make or send to any Third-Party Site. We may seek to gather information from the user who is suspected of violating these Terms and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate Accounts or take other corrective action it deems appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms.
FEEDBACK


In connection with your use of our Services you may provide us with your Feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material regarding our Services). We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials you provide to us, regarding our Services, whether by email, posting through our Services or otherwise. You waive any rights you may have to the Feedback (including any copyrights to the extent permitted by law) and we will be entitled to such Feedback for any purpose (including commercial use), without acknowledgment or compensation to you. And Feedback you provide to us is non-confidential, non-proprietary and is not subject to a third-party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such Feedback. We have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.

FEEDBACK


You agree fully to indemnify, defend and hold Codeintelli and its connected companies (including Codeintelli’s officers, directors, employees, agents, suppliers and contractor) harmless from and against all claims, actions, demands, liability, damages, losses, costs and expenses (including legal fees) relating to or arising from (a) your use of, or conduct in connection with, our Services (b) your breach of these Terms or any other liabilities arising out of your use of the Services, or the use by any other person accessing the Services using your computer and/or your Personal Information (c) your violation of any rights of any other person or entity. Codeintelli reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.

WARRANTY DISCLAIMER


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY WAIVE, AND WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES REGARDING OUR SERVICES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

CODEINTELLI EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THESE TERMS OR OFFERED THROUGH OUR SERVICES, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION, (III) ANY ACTION RESULTING THEREFROM, OR (IV) USAGE OR ACQUISITION OF PRODUCTS INCLUDING CRYPTO CURRENCIES AVAILABLE THROUGH OUR SERVICES.

CODEINTELLI DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED IN REASONABLE TIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Services or errors, viruses or bugs contained in the Services caused by events outside our reasonable control; (b) your negligence, your breach of these Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Services with any other software or material on your equipment; (d) any unauthorized use of the Services; or (e) any other factor that is outside our reasonable control.

LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES WILL CODEINTELLI AND ITS CONNECTED COMPANIES (INCLUDING CODEINTELLI’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS) BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, DATA OR DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OR INABILITY TO USE OUR SERVICE; (B) UNAUTHORIZED ACCESS TO YOUR ACCOUNT (C) FAILURE OF PERFORMANCE (D) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS AND PERFORMANCE OF THE SERVICES (E) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (F) ANY DAMAGE OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION; OR (G) THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CODEINTELLI’S RECORDS, PROGRAMS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATION OF LIABILITY; THEREFORE, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

1. ERRORS


You must inform us as soon as you become aware of any errors with respect to your Account, Services or any content accessible through the Website and/or Platform. In the event of such error or any system failure that results in an error in any calculation, charges, fees, bonuses or pay-out (“Error”), we will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any prizes or transactions that were the subject of such Error and to take any funds from your Account relating to the relevant prizes or transactions. If there are insufficient funds in your Account, we may demand that you pay us the relevant outstanding amount relating to these prizes or transactions. In all circumstances whereby we (in our sole discretion) determine an Error has been used to gain an unfair advantage, we reserve the right to consider this activity to be subject to additional investigations and measures.

2. TERM, TERMINATION AND SUSPENSION OF THE SERVICES


We reserve the right to terminate and/or suspend your access to our Services, without giving you prior written notice and delete all related information and files related to your use of our Services, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion we believe: (i) You have violated these Terms, (ii) You have created a risk or possible legal exposure for us. In an event of market disruption (e.g. high volatility, suspicious trading activity) or force majeure we may suspend access to our Services or prevent customers from completing any actions via our Services.

3.  MISCELLANEOUS


3.1 Entire Agreement. These Terms together with Privacy Policy contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Codeintelli for the Services. In the event of any conflict between these Terms and any other agreement you may have with Codeintelli, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.

3.2 No Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

3.3 Force Majeure. We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

3.4 Severability. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

3.5 Assignment. We may transfer, assign or delegate the Terms and its rights and obligations without consent. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Codeintelli.

3.6 Governing Law. The Terms shall be governed by and construed in accordance with the laws of the Constitution, and the parties submit to the exclusive jurisdiction of the competent court ofAhmedabad,Gujarat. Any complaints may be submitted through the email: biz@codeintelli.com. The procedure regarding any complaints is confidential.

3.7 Electronic Communications. We will send you information relating to your Account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

3.8 Contact. If You need to contact us in relation to these Terms please email us to: biz@codeintelli.com .

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND BY USING OUR SITE YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS AND GRANT CODEINTELLI THE RIGHTS SET FORTH HEREIN.