Terms of Service
Effective date: April 1, 2020
Please read this "Terms of Service" agreement carefully before accessing or using our product or service.
"Prolincur", "We", and "Us" refer to Prolincur Technologies LLP., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
"Services" refers to the sites, apps, applications, software products, software services, communications, documentations, websites and other services that they are offered by Prolincur including, but not limited to, Vectra2D.
"You" and "Your" refer to the individual person, company, or organization that has visited or registered or is using our Services.
Registered users of our Services are "Members" and unregistered users are "Visitors". Each Members or Visitors represent an indiviual user of our Services and are authorized to use certain portion of our Services.
A "User Account" represents an individual Members' authorization to log in to and use the Services and serves as a their identity for us.
"Content" refers to content featured or displayed through the Services, including without limitation text, code, data, information, images, photographs, graphics, designs, and other materials that are available through the Services. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by the Members or by using the Services. "Your Content" is Content that you create or own.
"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
1. Account Control
Members are the account holders with the Prolincur. You agree to:
(1) use a strong password and keep it confidential;
(2) not transfer any part of your account;
(3) you are responsible for anything that happens through your account.
As between you and others (including your employer), your account belongs to you.
2. Required Information
To use the Services, you agree that
(1) you must provide a real name, valid email address and phone number in order to complete the signup process;
(2) any other information requested, such as address, is optional, unless you opt for a paid User Account, in which case additional information will be necessary for billing purposes must be true.
Creating an account with false information is a violation of our terms, including accounts registered on behalf of others.
3. Service Eligibility
The Services are not for use by anyone who is in violation of our Terms.
To use the Services, you agree that:
(1) you must be the "Minimum Age" (as described below) or older;
(2) you will only have one User Account with Prolincur;
(3) your User Account must only be used by one person — i.e., a single User Account must not be shared by multiple people;
(4) you must be a human to create an User Account. User Account registered by "bots" or other automated methods are not permitted;
(5) you are not already restricted by Prolincur from using the Services;
"Minimum Age" means 16 years old. However, if law requires that you must be older in order for Prolincur to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
If we learn of any User Account in violation of our Terms, we will terminate that User Account immediately.
4. User Account Security
To use the Services, you agree that:
(1) you are responsible for maintaining the security of User Account and password;
(2) you are responsible for all data or content posted and activity that occurs under your User Account;
(3) you will promptly notify Prolincur if you become aware of any unauthorized use of, or access to, our Services through your User Account, including any unauthorized use of your password or User Account;
(4) Prolincur cannot and will not be liable for any loss or damage from your failure to comply with the security obligations.
5. Notices and Messages
To use the Services, you agree that we will provide notices and messages to you in the following ways:
(1) within the Services, or
(2) sent to the contact information you provided us (e.g., email, mobile number, physical address).
You agree to keep your contact information up to date.
C. Rights and Limits
1. Acceptable Use
To use the Services, you agree that your use of the Services must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You agree that you are responsible for making sure that your use of the Services is in compliance with all applicable laws, regulations, and of our Acceptable Use Policy. The Acceptable Use Policy may be updated from time to time and are available at acceptable-use.
2. User-Generated Content
You may create or upload User-Generated Content while using the Services. To use the Services, you agree that:
(1) Ownership of Content, License Grants and Your responsibility
You retain ownership of and responsibility for Your Content;
If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post;
You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Services, regardless of the form of that Content; and that we are not responsible for any such harm or misuse of your User-Generated Content;
(2) Prolincur reserves right to remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Prolincur Terms;
(3) License Grant to Prolincur
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to provide the Services. This includes the right to do things like copy it to our database, storage and make backups; show it to you and other users; parse it into a search index, transmit it to our servers or otherwise process or analyze it on our servers; and perform it as needed.
This license does not grant Prolincur the right to sell Your Content or otherwise distribute or use it outside of our provision of the Services.
(4) Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section C 2(3), but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Prolincur the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to provide the Services.
3. External Content
Prolincur may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Prolincur is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
4. Beta Previews
You may access or use any of our Beta Previews. Whiling using the Beta Previews, you understand and agree that:
- Beta Previews may not be supported and may be changed at any time without notice;
- Beta Previews are not subject to the same security measures and auditing to which the Services has been and is subject; you use Beta Previews at your own risk;
- As a user of Beta Previews, you may get access to special information that isn’t available to the rest of the world, due to the sensitive nature of this information, you make sure that you keep that information secret;
- As a user of Beta Previews, if you choose to give us any ideas, know-how, suggestions, enchancement requests, recommendations or any other feedback for our Services (collectively, "Feedback"), you acknowledge and agree that Prolincur will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implment, use modify, commercially exploit and/or incorporate the Feedback into our Services.
5. Service Availability
You agree and acknowledge that Prolincur is entitled to modify, improve, suspend or discontinue any of the Services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it.
You agree and acknowledge that Prolincur is entitled to modify prices of its Services prospectively. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
You agree that we don’t promise to store or keep showing any Content that you have posted. Prolincur is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of Content that you or others provide, except to the extent required by applicable law.
6. Intellectual Proprietary Rights
You acknowledge and agree that Prolincur may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Prolincur reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Prolincur, Vectra2D, and other Prolincur trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Prolincur. Our content may not be sold, reproduced, or distributed without our written permission. Any further rights not specifically granted herein are reserved.
D. Disclaimer and Limit of Liability
1. No Warranty
You understand and agree that your use of Services provided by Prolincur are entirely at your own risk and that our Services are provided "As Is" and "As Available", without warranty of any kind. Without limiting this, we expressly disclaim all warranties, endorsements or representations whatsoever, whether express, implied or statutory, as to the operation of Prolincur and its Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Prolincur does not warrant that the Services will meet your requirements; that the Services will be uninterrupted, timely, secure, or error-free; that the information provided through the Services is accurate, reliable or correct; that any defects or errors will be corrected; that the Services will be available at any particular time or location; or that the Services is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your uploading, downloading and/or use of files, information, content or other material obtained from the Services.
2. Exclusion of Liability
You understand and agree that Prolincur will in no event be liable to you or any third party for any direct, indirect, special, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Services;
- any modification, price change, suspension or discontinuance of the Services;
- the Services generally or the software or systems that make the Services available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Services;
- any other user interactions that you input or receive through your use of the Services; or
- any other matter relating to the Services.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
If you have a dispute with one or more Users, you agree to release Prolincur from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement, provided that Prolincur (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Prolincur of all liability); and (3) provides to you all reasonable assistance, at your expense.## E. Cancellation or Termination
1. Account Cancellation
As a Members, it is your responsibility to properly cancel your User Account with Prolincur. You can cancel your Account at any time by going into your Settings within our Services. We are not able to cancel Accounts in response to an email or phone request.
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your User Account within 90 days of cancellation or termination. This information can not be recovered once your User Account is cancelled.
3. Prolincur may Terminate
Prolincur has the right to suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Prolincur reserves the right to refuse service to anyone for any reason at any time.
On termination or cancellation, you lose the right to access or use the Services. All provisions of this Agreement which, by their nature, should continue in perpetuity will survive termination or cancellation — including, without limitation:
- ownership provisions, warranty disclaimers, indemnity, jurisdiction, limitations of liability and general terms
- our rights to use your Feedback.
- any amounts owed by either party prior to termination remain owed after termination.
F. Jurisdiction, Governing Law and Dispute Resolution
You and Prolincur agree that the laws of the State of Maharashtra, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement or related to your use of our Services. You and Prolincur both agree that all claims and disputes can be litigated only in the jurisdiction of Courts in Pune, Maharashtra, India, and you and Prolincur each agree to personal jurisdiction in those courts.
G. General Terms
Prolincur may assign or delegate these Terms of Service and/or the Prolincur Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section C 2(3)-2(4). You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
2. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
3. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and Prolincur. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
4. Acceptance of our Terms
By using, accessing, visiting, viewing, registering or signing up any of our Services, you agree to be bound by these Terms. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the Services. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Prolincur and that your use of Prolincur shall indicate your conclusive acceptance of this Agreement.
5. Change of Terms
Prolincur reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Services. For non-material modifications, your continued use of the Services constitutes agreement to our revisions of these Terms of Service. You can view all updated to Terms at policies .
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part of it) with or without notice.
Questions about the Terms of Service? Contact us at info [at] prolincur [dot] com.