Terms and Conditions

The terms and conditions contained hereinafter ("TERMS OF USE") shall apply to the use of the website nexasync.io and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by Mad Over Technology ("MAD OVER TECHNOLOGY" or "WE" or "OUR" or "US" or "NEXASYNC") (collectively, "WEBSITE").

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("SERVICES")) (hereinafter referred to as a "USER", "SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use).

These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Mad Over Technology. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Mad Over Technology for other services.

Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website.

It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use.

For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User. The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User.

In order to access certain Services, you may be required to open a User account with Mad Over Technology by providing information about yourself (such as identification or contact details) as part of the registration/sign up process ("REGISTRATION DATA") for the Services, or as part of your continued use of the Services.

You agree that any Registration Data you give to Mad Over Technology will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website.

You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:

• Belongs to another person and to which you do not have any right to;
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• Harms minors in any way;
• Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
• Violates any law for the time being in force;

The Website and its original content, features, and functionality are and will remain the exclusive property of Mad Over Technology and its licensors. The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mad Over Technology.

THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS COMPANY:

• EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS WEBSITE AND ITS CONTENTS OR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THIS WEBSITE AND/OR THE COMPANY'S LITERATURE;
• EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

If you contact us to provide feedback, register a complaint, or ask a question, we will record any Personal Information and other content that you provide in your communication so that we can effectively respond to your communication.

We record information relating to your use of NexaSync, such as the searches you undertake, the pages you view, your browser type, IP address, location, requested URL, referring URL, and timestamp information. We use this type of information to administer NexaSync and provide the highest possible level of security and service to you.

We also use this information in the aggregate to perform statistical analyses of User behavior and characteristics in order to measure interest in and use of the various areas of NexaSync. However, you cannot be identified from this aggregate information.

We send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term "cookies" refers to small pieces of information that a website sends to your computer's hard drive while you are viewing the site.

We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of NexaSync may not work properly or at all.

We may use the information we collect in connection with your use of NexaSync (including your Personal Information) in order to investigate, enforce, and apply our terms and conditions and Privacy Policy.

We do not share your Personal Information with any third party apart from regulatory agencies (as may be required) and to provide you with services that we offer through NexaSync, conduct quality assurance testing, facilitate creation of accounts, provide technical and customer support, or provide specific services, such as synchronization of your contacts with other software applications, in accordance with your instructions.

These third parties are required not to use your Personal Information other than to provide the services requested by you. We may share your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (collectively, the "AFFILIATES") that we may have now or in the future, in which case we will require them to honor this Privacy Policy.

Your account is password protected. We use industry standard measures to protect the Personal Information that is stored in our database. We limit the access to your Personal Information to those employees and contractors who need access to perform their job function, such as our customer service personnel.

If you have any questions about the security on NexaSync, please contact us at hello@madovertech.io. You hereby acknowledge that Mad Over Technology is not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

Our Privacy Policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically. These changes will be effective immediately on the Users of Mad Over Technology.

Please note that at all times you are responsible for updating your Personal Information, including providing us with your most current e-mail address. If you do not wish to permit changes in our use of your Personal Information, you must notify us promptly that you wish to deactivate your account with us.

Continued use of Mad Over Technology after any change/amendment to this Privacy Policy shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Your use of this Website will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of your use may be brought exclusively in the competent courts/tribunals having jurisdiction in Gurgaon in India and irrevocably submit themselves to the jurisdiction of such courts/tribunals.

Any complaints or concerns in relation to your Personal Information or content of this Website or any dispute or breach of confidentiality or any proprietary rights of User during use of the Website or any intellectual property of any User should be immediately informed to the Grievance cum Nodal Officer at the co-ordinates mentioned below in writing or by way of raising a grievance ticket through the hyperlink mentioned below:

You represent and warrant that:

• You have the legal capacity to enter into these Terms of Use;
• You are not a minor in the jurisdiction in which you reside;
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Services for any illegal or unauthorized purpose;
• Your use of the Services will not violate any applicable law or regulation.

You agree to defend, indemnify, and hold harmless Mad Over Technology, including its subsidiaries, affiliates, and all of their respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your use of the Services;
• Your breach of these Terms of Use;
• Any breach of your representations and warranties set forth in these Terms of Use;
• Your violation of the rights of a third party, including but not limited to intellectual property rights.

IN NO EVENT WILL MAD OVER TECHNOLOGY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOST DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MAD OVER TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Mad Over Technology shall not be liable for any failure to perform its obligations hereunder where such failure is a result of Force Majeure (as defined below). For purposes of these Terms of Use, Force Majeure shall mean circumstances beyond the reasonable control of Mad Over Technology, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware or software not within Mad Over Technology's control, and network intrusions or denial of service attacks.

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose such confidential information to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform its obligations under these Terms of Use.

All payments for Services shall be made in advance as per the pricing plan selected by you. Mad Over Technology reserves the right to modify its pricing at any time, with such changes being effective for the next billing cycle.

Any disputes in respect of an amount (or a portion thereof) mentioned in an invoice must be communicated by the User via notice ("INVOICE DISPUTE NOTICE") within a reasonable period of time but no later than seven (7) calendar days from the date of the invoice.

In case of any technical issues, please raise a support ticket from your service dashboard or:

• Email us at hello@madovertech.io (Monitored 10:00a.m. to 6:00p.m.; Monday to Friday)
• Call Us on +91-9999879244 in case of urgent matters

Mad Over Technology will respond to service-related incidents and/or requests submitted by the User within the following time frames:

• 0-3 hours (during business hours) for issues classified as Major issues
• Within 3 working days for issues classified as Medium issues
• Within 7 working days for issues classified as Minor issues

Termination for Material Breach: Each Party may terminate this Agreement with immediate effect by delivering notice of the termination to the other Party, if the other Party (i) fails to perform the obligation under this Agreement; (ii) has made or makes any inaccuracy in performance of this Agreement; or (iii) otherwise materially breaches, any of its obligations, covenants, or representations made in this Agreement, and the failure, inaccuracy, or breach continues for a period of 15 (fifteen) Business Days' after the injured Party delivers notice to the breaching Party reasonably detailing the breach.

Termination by will: Either Party may terminate this Agreement by giving 1(one) month notice of such termination to the other Party of its intention to terminate.

Applicable Levels: Mad Over Technology shall provide the Service to the User with a System Availability of at least 95% (Ninety-Five per cent) during each calendar month.

System Maintenance: Mad Over Technology may take the Service offline for scheduled maintenances provided it informs the User the schedule for maintenance in writing via email. This scheduled maintenance time is outside the scope of System Availability and will not be considered in estimating System Availability.

The data (pertaining to your account) in the following categories will be available as per timelines mentioned below. Post expiry of the stated timeline the data will be deleted.

These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought EXCLUSIVELY in the competent courts/ tribunals having jurisdiction in Gurgaon, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

YOUR PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY.

ANY COMPLAINTS OR CONCERNS WITH REGARDS TO CONTENT OF THIS WEBSITE OR COMMENT OR BREACH OF THESE TERMS OF USE OR ANY INTELLECTUAL PROPERTY OF ANY USER, INSTANCES OF CUSTOMER GRIEVANCES, REGULATORY QUERIES AND CLARIFICATIONS SHALL BE INFORMED/ COMMUNICATED TO THE GRIEVANCE CUM NODAL OFFICER AT THE CO-ORDINATES MENTIONED BELOW IN WRITING OR BY WAY OF RAISING A GRIEVANCE TICKET THROUGH THE HYPERLINK MENTIONED BELOW:

NexaSync offers Field Force Management Platform that performs the following services:

• Location Tracking
• Attendance Management
• Leave Management
• Expense Management
• Task Management
• Sales & Client Management
• CRM and Sales Force Automation

All the products/services offered on our domain nexasync.io and related apps (Android & iOS) including add-ons such as customer support, training, data storage etc. These are subject to change from time to time and without notice.

I HEREBY CONFIRM THAT I HAVE READ THESE TERMS OF USE AND ACCEPT THEM.

The Production system / application is down, seriously impacted and there is no reasonable workaround currently. Upon confirmation of receipt, the Service Provider will begin continuous work on the issue, and a customer resource must be available at any time to assist with problem determination.

Once the issue is reproducible or once we have identified the software defect, the Service Provider support will provide reasonable effort for workaround or solution within 24 hours.