End-User License Agreement

last updated on 21-10-2024

This End-User License Agreement (“EULA”) is a legal agreement between you (“User”, “End User” or “Customer”, “you”) and EASYSTEPIN IT SERVICES PVT LTD, having its registered office at  Ground Floor, Regent Gateway, Plot No.5B, ITPL Main Rd, beside Advaith Hyundai Service Centre, Whitefield, Seetharampalya, Hoodi, Bengaluru, Karnataka 560048 (“Company”, “Licensor”). This Agreement governs your use of Elev8 a mobile and web application for Apple IOS or Google Playstore.

BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU:

●      ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT;

●      YOU REPRESENT AND WARRANT THAT YOU ARE (A) THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US AND (B) IF YOU ARE ACCESSING THE APPLICATION ON BEHALF OF A LEGAL ENTITY, YOU HAVE THE NECESSARY AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT

●      YOU AGREE IF YOU ACCESS THE APPLICATION FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

●      IF CUSTOMER DISAGREES WITH ANY PART OF THE TERMS, THEN IT MAY NOT ACCESS THE SOFTWARE.

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using Elev8.

1.     Definitions

For the purposes of this End-User License Agreement:

●      “Agreement” means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

●      “Application” means the software program named Elev8 provided by the Company as a web app or downloaded by You to a Device.

●      “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.

●      “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to EASYSTEPIN IT SERVICES PVT LTD

●      “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

●      “Country” refers to: India

●      “Device” means any device that can access the Application such as a computer, a cellphone or a digital tablet.

●      “Third-Party Services” means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

●      “You” means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

2.     GRANT OF LICENSE.

2.1  The Company grants you a non-exclusive, non-transferable, non-sublicensable, non-commercial, and personal license to access and use the Elev8 platform (the “License”), on a subscription basis, for as long as the subscription is active or until either you or the Company terminates this EULA. This License allows you to install and/or use the platform, including its associated features and functionalities, subject to compliance with this EULA. This platform is licensed to you, not sold.

2.2  The Elev8 platform is accessed and used on a subscription basis. Subscription payments must be made according to the terms outlined in this agreement, and access to the platform is contingent on the maintenance of an active subscription as per the plan.

2.3  You are not permitted to use the platform for commercial purposes, including but not limited to reselling, distributing, offering it as part of a service, or using the platform for client-facing activities, without obtaining a separate commercial license from the Company. Periodic updates, upgrades, patches, and modifications may be required for continued access and proper functioning of the platform on your devices. These updates will be delivered as outlined in the updates section of this EULA.

2.4  Certain parts of the platform may integrate third-party services or features, which may be managed by third-party providers. Additional terms or costs may apply to these third-party services, and you are required to comply with such terms.

2.5  You agree not to, directly or indirectly:

                      i.         sell, rent, lease, license, distribute, or commercially exploit the platform or any of its parts;

                     ii.         reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of the platform, except where permitted under a specific feature of the platform (e.g., user-generated content);

                    iii.         create, use, or distribute any automated scripts, “cheat” or “hack” programs, or similar software that may alter or disrupt the platform’s intended use;

                    iv.         remove, alter, disable, or circumvent any copyright, trademark, or other proprietary notices on the platform;

                     v.         export or re-export the platform in violation of applicable laws and regulations.

                    vi.         remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.

2.6 While using the platform, you agree to comply with all applicable laws, rules, and regulations. You are also expected to adhere to the following rules of conduct while using the platform. These rules are not exhaustive and may be updated by the Company as necessary.

             Examples of prohibited conduct include, but are not limited to:

                      i.           Creating, using, sharing, or publishing any material that infringes on intellectual property

rights, privacy rights, or breaches a duty of confidentiality.

                     ii.              Modifying, distorting, blocking, disrupting, or hindering the normal functioning of the platform or its accessibility to other users, or attempting to do any of the above.

                    iii.           Transmitting or distributing any virus, trojan horse, worm, corrupted file, or other destructive software through the platform.

                    iv.           Participating in any unauthorized or harmful activities against the platform’s infrastructure or servers, including attacks on the Company’s service providers.

                     v.           Spamming communication channels within the platform for personal or commercial purposes.

                    vi.           Sharing content deemed offensive, including but not limited to content that is unlawful, abusive, harassing, defamatory, obscene, or otherwise objectionable.

                   vii.           Harassing or threatening other users of the platform.

                 viii.           Misusing customer support services, such as submitting false claims or reports.

                    ix.           Falsely representing yourself as an employee or representative of the Company.

                     x.            Making false endorsements or claims in relation to the platform or the Company.

2.7License Fees

The End User shall pay the subscription fee based on the selected plan-

                   i.       Subscription Fees: The user agrees to pay the annual subscription fees according to the selected plan for access to the Elev8 platform, as detailed below:

·       Free Subscription: No annual fee. Limited to onboarding up to 5 employees. May include advertisements displayed on blank pages.

·       Bronze Subscription: ₹20,000 annual fee, credited as credit points. Allows onboarding of up to 25 employees and includes the ability to create and manage coupons using credit points.

·       Gold Subscription: ₹40,000 annual fee, credited as credit points. Allows onboarding of up to 100 employees, gift sending, and recognition of employees with credit points. No advertisements are displayed.

·       Platinum Subscription: ₹80,000 annual fee, credited as credit points. Allows onboarding of up to 250 employees and includes all features of the Gold Subscription, plus advanced recognition capabilities.

Fees must be paid in advance as invoiced via email. All payments are exclusive of applicable taxes, which the End User is responsible for. License Fees are non-refundable unless the Service Level Agreement (SLA) is not met. If taxes must be withheld, the End User shall remit the balance and provide relevant tax certificates.

2.8  Payment Schedule and Non-Payment: Payments for subscriptions shall be due annually on the renewal dates specified in this Agreement. Customers will be granted a grace period of two (2) weeks following the renewal date to complete their payment. If payment is not received within the grace period, services shall be terminated. Reinstatement of services will occur only upon full payment of the outstanding subscription amount. The Company does not accept partial payments unless explicitly agreed upon in writing, and access to the platform may be permanently revoked for failure to make timely payments.

3.     INTELLECTUAL PROPERTY RIGHTS

3.1Ownership
All rights, title, and interest in and to the Elev8 platform, including but not limited to any software, text, graphics, logos, trademarks (whether registered or unregistered), domain names, and any other intellectual property or proprietary materials associated with the platform, are owned by the Company. This includes any future updates, enhancements, modifications, or derivatives of the platform.

3.2No Transfer of Ownership

The License granted to you under this agreement does not confer any ownership rights to you. Any improvements, feedback, or suggestions made by you related to the platform shall be owned exclusively by the Company, and you hereby assign all rights in such improvements, feedback, or suggestions to the Company. You acknowledge that you do not acquire any rights, express or implied, in or to the intellectual property associated with Elev8. This License only permits limited use of the platform as outlined in this agreement, and the Company retains full ownership of all intellectual property rights.

3.3Restrictions on Use

You are prohibited from using any intellectual property associated with Elev8 for commercial purposes without the express written consent of the Company.

3.4Trademarks and Copyrights

The Elev8 platform may contain trademarks, copyrighted material, and other intellectual property owned by the Company. The Company reserves the right to enforce these intellectual property rights in case of any violation of this agreement.

3.5Licensed Materials
In the event that the platform incorporates any third-party licensed materials, such third-party licensors retain their rights, and any reproduction or use of such licensed materials without authorization is strictly prohibited.

3.6Future Intellectual Property
If you create any derivative works or modifications based on the platform (except as permitted under a specific feature of the platform), such works shall be the sole property of the company, and you agree to transfer all rights, title, and interest in such derivative works to the Company.

4.     Use of Software

4.1.1       Restrictions on Use
Except to the extent permitted by applicable law or as expressly authorized by the company, you shall not:

                          i.       copy, reproduce, or duplicate the software;

                         ii.       merge the software with any other programs or systems;

                       iii.       translate, adapt, modify, or create derivative works based on the software;

                       iv.       disassemble, decompile, reverse engineer, or attempt to derive the source code of the software;

                         v.       provide, disclose, or make available the software to any third party without prior written consent;

                       vi.       use the software to offer services or training to third parties;

                      vii.       sell, lease, rent, transfer, sublicense, or commercially exploit the software in any way;

                     viii.       develop or have developed any software based on or derived from the software.

Any unauthorized use of the software will result in the termination of your license and may lead to legal action.

4.1.2       Acceptance of Third-Party Terms
In certain cases, the use of the Elev8 platform may require you to install or access third-party services or software (“Third-Party Software”). You acknowledge that by installing or using any Third-Party Software, you agree to comply with the terms and conditions of such third parties. The company or the software is not responsible for the content, accuracy, legality, or quality of any Third-Party Software or services.

5.     Data Usage And Security

5.1  By using the Elev8 platform, you consent to the collection, use, and processing of data related to your device, usage patterns, and personal information necessary for the platform’s functionalities, such as employee recognition and rewards. Data collection may include automatic methods like cookies or tracking technologies. For more details, please review our Privacy Policy.

5.2  The Company uses this data to enhance platform performance, improve user experience, and comply with applicable legal requirements. The Company implements industry-standard security measures, including encryption and secure storage protocols. However, the Company shall not be liable for any data breaches caused by third-party service providers or resulting from force majeure events. Data is securely stored and handled in accordance with Indian PDPB and GDPR where applicable, with strong security measures such as encryption and access controls.

5.3  We also share data with third-party services (e.g., Razorpay and Qwikcilver) for seamless service delivery. You are responsible for complying with their terms, and the company assumes no liability for their data handling.

6.     Updates

6.1  The Licensor will provide updates and maintenance for the Software to ensure its optimal performance. The Company may develop and provide updates to the Elev8 platform, including upgrades, bug fixes, and new features. If there are critical updates, they will be rolled out immediately or during IST 12:00 AM HRS. Regular updates are scheduled for weekly once every Tuesday during IST 12:00 AM HRS. The Customer will be notified of these updates via email.

6.2  Users agree to promptly install all Updates to ensure the proper functioning of the Application, which will automatically download when connected to the internet or prompt users for manual installation. The Licensor reserves the right to modify the frequency and nature of updates and maintenance at its discretion, including the ability to modify or delete certain features and/or functionalities of the Application. You further agree that the Company has no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionalities of the Application.

6.3  All updates or any modifications will be deemed to constitute an integral part of the Application and will be subject to the terms and conditions of this Agreement. The Company reserves the right to modify the Application and cease support for previous versions upon the release of an updated version. Additionally, the Company may revise the terms of this EULA at any time for security or regulatory reasons, with changes communicated via email or clickwrap. Continued use of the Application after such changes constitutes acceptance of the revised EULA.

7.     Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

8.     Term and Termination

8.1  This EULA shall commence upon the purchase of the subscription by the user. There is no automatic upgrade of the license, and the product remains unlicensed or privately held. The Company may terminate this EULA at any time, with or without cause, upon email notification to the Customer. Additionally, this EULA will automatically terminate without notice if the Company discontinues any services associated with the Software.

8.2  The Customer may terminate this EULA by deleting the Software and all copies in their possession. The Company reserves the right to terminate the license under circumstances including, but not limited to, any misuse of the Software, reverse engineering, cloning, or violation of permitted uses.

8.3  Upon termination for any reason: (i) the license granted to the Customer will terminate immediately; (ii) the Customer must cease all use of the Software and delete all copies; and (iii) ownership rights will remain with ELEV8.

8.4  Any provisions related to ownership, disclaimers, indemnification, limitation of liability, and governing law shall survive termination. Termination does not affect the Company’s rights or remedies at law or in equity for any breach by the Customer during the Term.

9.     Refund and Cancellation Policy:

Users may request a refund or cancellation of their subscription only if the Service Level Agreements (SLAs) outlined in this Agreement are not met. Requests for refunds must be submitted within thirty (30) days of the SLA breach, and refunds will be provided solely for the portion of the subscription affected by the breach. Refunds are not available for any other reasons, including but not limited to dissatisfaction with the platform or voluntary cancellation of the subscription.

10.  Disclaimers and Warranties

THE APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. FURTHER, THE COMPANY MAKES NO REPRESENTATION THAT THE APPLICATION OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS DISCLAIMER SHALL LIMIT OR EXCLUDE LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT. OUR SOFTWARE MAY RELY ON THIRD-PARTY SERVICES SUCH AS APIS AND CLOUD SERVICES, WHICH COULD AFFECT FUNCTIONALITY OR DATA SECURITY. IF THERE ARE ANY DISRUPTIONS OR CHANGES TO THESE SERVICES, WE WILL NOTIFY USERS AND TAKE REASONABLE STEPS TO MITIGATE ANY IMPACT ON THE SOFTWARE’S PERFORMANCE OR DATA INTEGRITY.

11.  Indemnity

The client shall defend, indemnify, and hold harmless the company and its affiliates, officers, directors, employees, agents, successors, and assigns (collectively referred to as “indemnified parties”) from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, costs, or expenses of any kind, including reasonable attorneys’ fees, arising out of or in connection with

(a) the client’s use or misuse of the software;

(b) any breach of this agreement by the client;

(c) any violation of applicable laws or regulations by the client; or

(d) any claim made by a third party related to the client’s actions. This indemnification obligation shall survive the termination of this agreement.

12.  Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the company or its affiliates, licensors, or service providers be liable for any direct, special, indirect, incidental, or consequential damages, including, but not limited to, loss of profits, loss of data, or business interruption, arising out of or in connection with your use of or inability to use the software, regardless of the theory of liability (contract, tort, or otherwise), even if the company has been advised of the possibility of such damages.

Notwithstanding any damages you might incur, the total liability of the Company under this agreement shall not exceed the amount you have paid for the software during the twelve (12) months immediately prior to the time your cause of action arose. This limitation does not apply to damages arising from the Company’s gross negligence, fraud, or intentional misconduct.

13.  Governing Law and Dispute Resolution

13.1. This Agreement shall be governed by and construed in accordance with the laws of Karnataka, India, without regard to its conflict of law principles.

13.2. The courts located in Karnataka, India, shall have exclusive jurisdiction over any disputes arising out of or relating to this Agreement or the Application. For international users, this Agreement will still be governed by the laws of Karnataka, India, and you hereby consent to the jurisdiction of such courts. Arbitration shall be binding, and the decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.

13.3. In the event of any dispute or claim arising from this Agreement, the parties agree to first attempt to resolve the dispute amicably through negotiation between their respective senior management teams.

13.4. If the parties cannot resolve the dispute within 30 days of initiating negotiations, the dispute shall be referred to a sole arbitrator mutually appointed by the parties, or if no agreement can be reached, each party shall appoint one arbitrator, and those arbitrators shall appoint a third arbitrator to act as the presiding arbitrator.

13.5. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, and any amendments thereto, with the proceedings taking place in Karnataka, India. The arbitrators shall also determine the costs of the arbitration proceedings.

13.6. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent any continuing breach of this Agreement.

14.  Severability and Waiver

14.1 Severability
If any provision of this Agreement is determined to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified and interpreted to reflect the parties’ original intent as closely as possible, while remaining within the bounds of applicable law. The remaining provisions of this Agreement shall continue in full force and effect, unaffected by the invalidity of any other provision.

14.2 Waiver
Except as explicitly provided in this Agreement, the failure of either party to exercise any right or to enforce any obligation under this Agreement shall not be construed as a waiver of that right or obligation or any other right or obligation. Any waiver of a breach of this Agreement shall not be deemed a waiver of any subsequent breach, whether of the same or a different provision.

15.  Assignment.

You may not assign or otherwise transfer this Agreement, or assign, sublicense or otherwise transfer any of your rights under this Agreement without the prior written consent of Company, and any attempted assignment without such consent will be void.

16.  Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

17.  Force Majeure.

Except for payment obligations for services already rendered, non-performance by either Party of this EULA shall be excused to the extent that performance is rendered impossible by a strike, acts of God, governmental acts or restrictions, failure of suppliers, acts of war or terrorism, or any other reason where failure to perform is beyond the reasonable control of the nonperforming Party. The time for performance of this EULA shall be extended for a period equal to the duration of such events. 

18.  Contact Information

For general inquiries, complaints, questions or claims concerning the Application, please contact: info@elev8.ind.in