DaanVeda Terms of Service

Last Updated: March 12, 2024

Welcome to DaanVeda, your AI-powered fundraising assistant. These Terms of Service ("Terms") constitute a binding legal agreement between you ("User", "you", or "your") and DaanVeda ("DaanVeda", "we", "us", or "our") governing your access to and use of our services, software, platforms, and websites (collectively, the "Service").

Definitions

For the purpose of these Terms of Service ("Terms"), the following definitions apply:

  1. "Service" refers to the AI-driven platform provided by DaanVeda, including all content, features, functionalities, services, and information available on the platform. The Service encompasses, but is not limited to, the live contact database, grants and awards repository, AI-driven sales intelligence platform, professional forum for knowledge sharing, and any other tools, resources, or services offered by DaanVeda through its platform or related channels.

  2. "User" or "You" means the individual or entity that registers for, accesses, or uses the Service. This includes fundraisers, nonprofits, educational institutes, corporates, and any other users who interact with the Service.

  3. "User Content" refers to any content, data, information, text, graphics, photos, profiles, audio, video, items, or other materials that Users post, upload, publish, submit, transmit, include in their profile or fundraising campaign, or otherwise make available through the Service.

  4. "Account" means the unique account created by Users to access and use the Service, which includes the submission of certain personal information and the creation of login credentials.

  5. "DaanVeda Content" refers to all content that DaanVeda makes available through the Service, including any content licensed from a third party, but excluding User Content.

  6. "Intellectual Property Rights" includes all worldwide patents, designs, trademarks, service marks, copyrights, trade secrets, know-how, and other proprietary rights, whether registered or unregistered.

  7. "Personal Information" refers to any information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. This may include, but is not limited to, name, email address, postal address, phone number, and other related information provided by the User through the use of the Service.

  8. "Third-Party Products" means any products, services, websites, applications, or other technologies that are not owned, controlled, or operated by DaanVeda, which Users may choose to integrate with or use in connection with the Service.

  9. "Subscription" refers to the payment plan or arrangement through which Users gain access to certain premium features of the Service, subject to payment of fees and adherence to specific terms and conditions outlined by DaanVeda.

  10. "Confidential Information" includes all non-public information provided by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including, without limitation, the terms and conditions of these Terms, business and marketing plans, technology and technical information, product plans and designs, and business processes.

These definitions are crucial for the understanding and interpretation of the Terms governing the use of DaanVeda's Service. Users are encouraged to review these definitions carefully to ensure they fully understand the terms of their agreement with DaanVeda.

Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you should not access or use the Service.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our platform. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

Service Description

DaanVeda provides an AI-driven platform designed to enhance fundraising efforts through features such as a live contact database, grants and awards repository, AI-driven sales intelligence, and a professional forum for knowledge sharing. Our Service is intended to support fundraisers, nonprofits, educational institutes, and corporates in their fundraising activities.

Account Registration and Use

Account Creation: You must register for an account to access certain features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Responsibility: You are responsible for safeguarding your account password and for any activities or actions under your account. We encourage the use of "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) for your account. You agree and understand that you will be liable for any activity that occurs through your account and further acknowledge and agree that you and your

Authorized Users: are solely responsible for maintaining the confidentiality and security of your Account Information and account credentials such as your username and password. may not share your account credentials and must restrict access to your computer and other devices. must access the Service and our network, systems, or applications only through encrypted connections. must maintain up-to-date OS (operating system) patching and active anti-malware on the end-user devices used to connect to the Service or our environment. must ensure that all terminated employees or other users have their access revoked to the Service within 24 hours of termination. must notify us promptly (and in any event within 72 hours) of security incidents that could have implications to us (e.g. users with compromised credentials or lost or stolen devices with access to the Service, compromised networks or systems including malware worm or ransomware, etc.). will reach out to our vulnerability discovery program at support@daanveda.org if you suspect any vulnerabilities with our Service.

Eligibility Restrictions

The Service is intended for users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Additionally, you may not use the Service if:

  • You have been previously banned or removed from the Service by us.

  • You are a competitor of DaanVeda or are using the Service for reasons that are in competition with DaanVeda or contrary to our business interests.

    • Beta Services

    We may offer new "beta" features or tools with which you may experiment on the Service. These features or tools are offered as a "Beta Service" and you agree that:

    • Beta Services are optional and you use them at your own risk.
    • Beta Services may contain bugs, errors, and other problems and are provided to you on an "as is" and "as available" basis.
    • We make no warranties of any kind with respect to Beta Services, and we disclaim any liability for damages that may arise from their use.
    • We may discontinue Beta Services at any time in our sole discretion and may never make them generally available.

    Third-Party Products

    The Service may allow you to use and access third-party products, services, websites, or resources ("Third-Party Products"). You acknowledge and agree that:

    • Third-Party Products are not under DaanVeda's control, and we are not responsible for their content, operation, or use.
    • Your use of Third-Party Products is governed solely by the terms and conditions and privacy policies of the Third-Party Products, and any complaints, concerns, or questions relating to such products should be directed to the third-party.
    • DaanVeda does not endorse, is not responsible for, and makes no representations as to such Third-Party Products, their content or the manner in which they handle your data.
    • DaanVeda is not liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Products.

    Account Types; Units and Payment Terms

    Subscriptions or customized service accounts. We may provide the Service through paid accounts, such as by offering a monthly or annual subscription, or through customized provision of service and payment terms (as further set forth under an Order Form or separate agreement). If you wish to enter into such an agreement, please contact us at support@daanveda.org.

    Paid and unpaid self-serve accounts. The Service may also be offered as a paid or unpaid account on a “self-serve” basis, in which case you will have the opportunity to click-through these Terms and select the aspects of the Service you want to use, including an amount of Units that can be used toward the Service. You may not open multiple accounts for your use under a self-serve offering or otherwise take any actions which would allow you to circumvent the Unit or rate limits which apply to self-serve offerings. Should we discover you doing so, we may in our sole discretion terminate your account immediately, with no right to refund or reinstatement.

    Units and Expiration of Units. All Units purchased or otherwise obtained by you in connection with your use of the Service are subject to the rules and restrictions hereunder. These Units may not be resold or transferred. Units have an expiration date. For paid accounts, Units expire at the end of your billing cycle. For unpaid accounts, Units expire at the end of the monthly term. Please do not purchase Units if you are not able to use them prior to their expiration date, as no refunds or extensions will be given. You may not sell or transfer your Units, or purchase Units except directly from us.

    Fair use policy. We may offer free limited Units for both our paid and unpaid accounts. Our unlimited plans operate under a fair use policy in order to prevent potential abuse. For non-paying customers using an email address with a valid and verified (by us in our sole discretion) corporate domain, we have implemented an email Unit limit to prevent abuse. Non-paying customers using an email address without a valid and verified corporate domain will have a lower Unit limit. Therefore, we recommend that you use an email address with a valid corporate domain in connection with your account. For paying customers, in order to prevent abuse, we have implemented an email Unit limit.

    Payment terms. All paid accounts are subject to the following payment terms unless otherwise expressly set forth in an Order Form:

    • Fees. You agree to pay us the applicable fees set forth in an Order Form (whether agreed to on paper or digitally), based on the timetable set forth in the Order Form. We may increase or otherwise change the fees at the end of any term set forth in an Order Form, in our sole discretion, by providing you with written notice (which may be by email or another conspicuous method).
    • Timeline of payment; disputes. Invoices for fees that are payable by ACH (as set forth in an Order Form) must be paid in full in accordance with the payment terms stated in the Order Form. Fees that are payable by Credit Card (as set forth in an Order Form) must be paid in full upon purchase of the Service. In addition to any other rights it may have hereunder, DaanVeda retains the right to suspend your access to the Service (or any portion thereof) in the event of any missed payments. You must raise any disputes regarding fees within thirty (30) days from receipt of the first applicable invoice by providing a detailed written description of the basis of such dispute. Any disputes not raised within that time period shall be deemed waived, unless otherwise agreed by us in our sole discretion.
    • Taxes. You are responsible for all taxes (including without limitation sales and use taxes) associated with your use of the Service other than taxes based on our net income. If we believe any such tax applies to your subscription and we have a duty to collect and remit such tax, the same may be set forth on an invoice to you unless you provide us with a valid tax exemption certificate, direct pay permit, or multi-state use certificate, and shall be paid by you immediately or as provided in such invoice.
    • Subscription seats. Subscriptions are on a per-seat basis, and for a single “seat” or user, unless otherwise indicated in the Order Form. We may permit you, in our discretion, to increase the number of seats licensed to you during a term, in which case we will then begin to charge you at the new per-seat price. While you may (in our discretion) increase the number of seats during a term, you may not decrease the number of seats during a term. Once you increase your per-seat license, you will be charged on that per-seat basis through the remainder of a term. You may not seat-share or time-share. You may only permit one license seat per Authorized User, at any given time.
    • Refunds and discounts. All payments by you are nonrefundable. You have no right to refunds or Units for partially used Service(s). However, at any time, and for any reason, we may provide you with a refund, discount, or other consideration. The amount and form of such consideration, and the decision to provide it, is at our sole and absolute discretion. The provision of a refund, discount or other consideration in one instance does not entitle you to, or obligate us to provide, a refund, discount or other consideration in the future.
    • Renewal: Your subscription is for the initial service term as specified in the Order Form and shall be automatically renewed for additional periods of the same duration as the initial service term, unless either party requests non-renewal and/or cancels the subscription (i) at least thirty (30) days prior to the end of the then-current term for annual subscriptions or (ii) prior to 11:59 p.m. IST on the day before your next recurring billing date for monthly subscriptions. Subscriptions are non-cancelable during the term specified in the Order Form.

    Ownership of the Service

    All rights, title, and interest in and to the Service, including all associated intellectual property rights, are and will remain the exclusive property of DaanVeda and its licensors, where applicable. This includes any and all software, technologies, documentation, content, and any other materials used, displayed, or provided in connection with the Service, as well as any updates, modifications, or enhancements made thereto. The Service is protected by copyright, patent, trademark, trade secret, and other intellectual property laws and treaties.

    Your use of the Service does not grant you ownership in the Service or the content you access through the Service (other than your own content). These Terms do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials used in our Service. DaanVeda's logos, product and service names, designs, and slogans are trademarks of DaanVeda or its affiliates or licensors. You must not use such marks without the prior written permission of DaanVeda.

    Your License to Use the Service

    Subject to your compliance with these Terms, DaanVeda grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use, or internal business use only. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by DaanVeda, in the manner permitted by these Terms.

    The following restrictions apply to your use of the Service:

    • You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
    • You may not use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.
    • You may not use any robot, spider, or other automatic devices, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
    • You may not use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
    • You may not use any device, software, or routine that interferes with the proper working of the Service.
    • You may not introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • You may not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
    • You may not use the Service for any purpose that is illegal or prohibited by these Terms.
    • You may obtain Output Data solely through the APIs and interfaces provided by us. You shall not use any other manual or automated means, (including “data scraping,” crawlers or bots) in order to access or obtain the Service.
    • You may not develop any service, product, toolset, dataset or derivative work from the Service, whether in aggregated or non-aggregated form, and whether in identified or de-identified form.

    Restrictions on the use of Output Data: You may not use the Service (including use of the Service to send email, mail, SMS, push notifications, fax phone or other communications):

    • in a manner that violates any applicable laws (including, without limitation any marketing or data privacy and security laws) or industry best practices or that would cause us to violate applicable law. In particular you agree not to use the Service in a manner that would violate the CAN SPAM Act, DPDP Act, or the Telecom Law, to advertise or promote any illegal service or product (or send any other communications) that are illegal in the place offered or consumed.
    • to advertise or promote tobacco products, firearms, ammunition or other weapons, counterfeit or pirated goods or services, adult content or services (such as pornography or escort services), unlicensed gambling, investment schemes (including promotion of “pink slip” stocks), astrology or psychic services, lotteries, Unit repair services, payday loan services, or any type of hate speech (targeting any societal group).
    • to violate any securities or commodities regulations (such as to support a “pump and dump” scheme).
    • to defraud, deceive, mislead, discriminate against, harass, libel or defame any person, group or entity.
    • to violate or promote any violation of any person’s or entity’s intellectual property rights.
    • to threaten, promote or commit violence or fraud, or to violate any person’s or entity’s rights.

    Restrictions on use of Email Services: The following are provided as examples of practices which are not permitted from the Service. Such practices will be considered a violation of the license restrictions hereunder. These practices are subject to change.

    • Sending of emails from a group distribution email such as hello@ or marketing@ etc.
    • Failing to include appropriate opt out mechanisms in commercial emails or failing to comply with applicable laws or best practices related to opt-outs or user choice and control principles.
    • Using a fictional identity, pseudonym or alias to send emails.
    • Sending emails that generate an unacceptable (as determined in our reasonable discretion) level of bounces, spam or complaints
    • Transmitting material that contains or links to virus, trojan horse, worms or any malicious or harmful software program.
    • Using our Service in conjunction with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited emails, text messages or phone calls.

    Notice of violation; suspension. In the event you are aware of or suspect a violation of these restrictions and policies, please notify us at support@daanveda.org. We will determine compliance with these restrictions at our sole discretion. In the event that we confirm or reasonably suspect that you have failed to comply with these Terms or have otherwise used the Service in an abusive or fraudulent manner or in a manner intended to circumvent our stated policies or rules, we may immediately terminate your access to the Service, and, upon our written demand, you shall cease all use of the Service and the Output Data.

    Your rights to use the Service are revoked in jurisdictions where the Service is prohibited by law.

    Ownership and Licensing of Submitted Data

    Ownership of Your Data

    The ownership rights of any data, content, or information that you submit or upload to the DaanVeda Service ("Submitted Data") belong solely to you.

    License Granted to DaanVeda

    By submitting data to the Service, you grant DaanVeda a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to:

    • Host, access, copy, use, transfer, and process the Submitted Data to support, develop, and improve the Service.
    • Analyze the Submitted Data using methods such as machine learning to enhance the Service. It is understood that you retain ownership of the Submitted Data, while we hold ownership of all performance data, algorithms, and aggregated results derived from such analysis.
    • Utilize the Submitted Data to augment and refine the Output Data in our Contributor Database. We will not publicly associate you with any of the Submitted Data without your consent.
    • Share, display, distribute, and publish the Submitted Data in an aggregated, de-identified format for any purpose and through any medium.

    We reserve the right to sublicense, assign, or transfer the licenses granted hereunder at our discretion.

    Your Representations and Warranties

    You confirm that:

    • You possess all necessary rights and authority to provide and license the Submitted Data for use as outlined in these Terms without infringing on any laws or agreements.
    • The Submitted Data is accurate, relates to actual individuals, and does not include sensitive or personal information about individuals under 18 years of age.
    • Your provision of Submitted Data complies with applicable laws, such as the U.S. HIPAA law, and does not constitute a list of patients or clients from entities covered by HIPAA or the GLBA.

    Your Responsibilities

    Use of Output Data

    You accept full responsibility for your use of any data, including Output Data, derived from the Service.

    Required Consents and Legal Compliance

    You acknowledge the necessity of obtaining appropriate consents and providing required notices under applicable laws for the processing and marketing use of Personal Information. You agree to secure such consents and complete such actions independently, ensuring compliance with laws such as the DPDP/UK/EU GDPR. You are solely responsible for understanding and adhering to all relevant laws regarding your use of the Service, and we provide no warranties concerning legal compliance on your behalf. 

    Disclaimers

    YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (AND ALL OUTPUT DATA PROVIDED THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE WILL ENFORCE THE TERMS OF SERVICE AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY US TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS OF SERVICE. Some jurisdictions limit or do not allow the disclaimer of implied warranties. In such states, these warranties will be disclaimed only to fullest extent permitted by law.

    Limitation of Liability 

    APART FROM CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREIN, NEITHER PARTY (NOR ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES) SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE RESPECTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM A PARTY’S ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM UNDER OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL OF THE AMOUNT PAID BY YOU TO US DURING THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM AROSE. ADDITIONAL DISCLAIMERS FROM US MAY APPEAR WITHIN THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. Some jurisdictions restrict or do not allow some of the foregoing limitations of liability in contracts, and as a result the contents of this section may not apply to you. In cases where such laws apply, our liability shall be limited to the fullest extent permitted by law.

    Indemnification 

    You agree to indemnify, defend, and hold harmless DaanVeda and its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

    Governing Law and Dispute Resolution

    These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which DaanVeda is located, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms shall be resolved through binding arbitration in accordance with the rules of the arbitration association of the aforementioned jurisdiction.

    General Provisions

    Entire Agreement: These Terms constitute the entire agreement between you and DaanVeda regarding the Service and supersede and replace any prior agreements between you and DaanVeda regarding the Service.

    Waiver and Severability: The failure of DaanVeda to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.

    Force Majure 

    We will not be deemed responsible or liable for any failure to perform or delay in performance under these Terms (or any Order Form) where such delay or failure is beyond our control, including, without limitation, where caused by strikes or labor disputes, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters including floods, earthquakes and hurricanes, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.

    Monitoring 

    We, or service providers working with us, may monitor the Service for any legitimate business purpose, including to monitor compliance with these Terms or evaluate how the Service is being accessed and used. We will be the sole and final arbiter as to whether the Service is being misused or these Terms are being violated. If we believe you have violated these Terms (or any law) we may terminate your account and access to the Service immediately and without notice. In such a situation we also may seek civil, criminal or injunctive relief, at our sole discretion and without obligation, to enforce this Terms of Service and the law.

    Changes to the Service 

    We may change the features and functionality of the Service at any time. This may include adding, modifying or removing any features or functionality of the Service or altering the amount of Output Data or other access we provide. The Terms of Service will apply to any changed version of the Service. We may also suspend or stop the Service altogether. In addition, we may impose or alter fees for new or existing aspects of the Service, including updating our Unit conversion policies at any time.

    Confidentiality Agreement

    Confidential Information

    In the course of our relationship under these Terms, either DaanVeda ("Disclosing Party") or you ("Receiving Party") may share non-public, proprietary, or confidential information that is clearly marked or reasonably understood to be confidential ("Confidential Information"). This excludes information that is: (i) publicly available through no fault of the Receiving Party, (ii) received from a third party not bound by confidentiality, (iii) previously known to the Receiving Party without obligation of confidentiality, or (iv) independently developed by the Receiving Party.

    Obligations

    The Receiving Party commits to:

    • Protect the Confidential Information with the same care as its own confidential information, but no less than a reasonable degree of care.
    • Use the Confidential Information solely for fulfilling its obligations or exercising its rights under these Terms.
    • Disclose the Confidential Information only to its employees, agents, contractors, attorneys, or representatives ("Representatives") who need to know such information and who are bound by similar confidentiality obligations.

    Required Disclosure

    If required by law or court order to disclose Confidential Information, the Receiving Party will first attempt to notify the Disclosing Party to allow them to seek a protective order or other remedy. Disclosure will be limited to what is legally required.

    Return or Destruction

    Upon the Disclosing Party's request, the Receiving Party will return or destroy all Confidential Information. Retention of information in compliance with standard data retention and backup procedures is permitted, provided confidentiality is maintained.

    Remedies

    A breach of this confidentiality agreement may not be adequately resolved with monetary damages alone. Therefore, the Disclosing Party may seek specific performance, injunctions, or other equitable relief. The Receiving Party waives any bond requirement for such remedies.

    Supersedence

    This agreement supersedes any prior confidentiality, non-disclosure, or similar agreements between the parties regarding the confidentiality obligations herein.

    This confidentiality agreement is designed to protect both DaanVeda's and your confidential information, ensuring trust and integrity in our professional relationship.

    Miscellaneous

    Complete Agreement and Understanding

    These Terms of Service represent the complete and exclusive understanding and agreement between DaanVeda and you regarding the Service and any Submitted Data. These Terms supersede all previous oral and written understandings or agreements between you and DaanVeda regarding these subjects. Any modifications in an Order Form will take precedence over any conflicting provision in these Terms.

    Our Relationship With You

    The relationship between you and DaanVeda is that of independent contractors. Nothing in these Terms of Service is intended to, or shall be construed to, create a partnership, agency, joint venture, employer-employee, or similar relationship.

    Assignment

    DaanVeda may assign these Terms at its discretion. You are not permitted to assign, sublicense, or transfer these Terms or any rights granted herein to anyone else, in whole or in part.

    Severability

    If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court, such finding will not affect the validity or enforceability of the remaining provisions. Each provision is to be considered separate, severable, and distinct.

    Waiver

    Failure by either party to enforce any part of these Terms does not constitute a waiver of their right to later enforce that or any other part of these Terms. A waiver to be effective must be in writing and signed by the party granting it.

    Notice

    Legal notices to DaanVeda must be sent to [Insert DaanVeda's contact email or address]. We will send legal notices to you through a method we choose that we believe reasonably likely to reach you, such as via the Service or to the email or other address you have provided.

    Termination

    • Termination for Cause: Either party may terminate these Terms immediately if the other party breaches these Terms and does not cure such breach within thirty (30) days (or ten (10) days in the case of non-payment) of receiving written notice. Termination can also occur if either party undergoes liquidation, dissolution, or a similar event. If termination results from your breach, you must pay all remaining fees for the Service.
    • Termination for Convenience: For paid subscriptions, DaanVeda may terminate these Terms by giving you at least thirty (30) days' prior written notice. For unpaid accounts, either party may terminate these Terms immediately with written notice. Upon termination for convenience by us, you must pay for the Service until its termination date.
    • Effect of Termination: Termination ends your authorization to access the Service.
    • Inactivity: DaanVeda reserves the right to deactivate or restrict access to your account after six (6) months of inactivity for non-paying customers.

    These provisions ensure clarity and fairness in the agreement between DaanVeda and its users, providing a solid foundation for the relationship and the use of the Service.