Terms of Service

Last updated: 3-Mar-2017

By using the SalesGyani.com web site or any of the Sales Gyani operated websites ("Services") or by downloading and installing the Sales Gyani POS application ("Licensed Software"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Sales Gyani reserves the right to update or change these Terms of Service at any time and without notice. Any additional features and functions that are added to the Service will be subject to the Terms of Service. Continued use of the Service after any such change shall constitute your consent to such changes. You can review the most recent version of the Terms of Service at SalesGyani.com/terms Violation of any of the terms below will result in the termination of your account. Upon termination of your account you must destroy all copies of any licensed software which has been installed on your local computer and Android devices. You agree to use the service at your own risk.

Account

1. You must be 13 years or older to use this Sales Gyani Service.

2. You must be a human resident of India. No "bot" or other automated systems may be account holders.

3. You must provide a legal full name, valid email address and any other information requested in order to complete the sign up process.

4. You are responsible for maintaining the security of your login and password. Sales Gyani cannot be held responsible for any loss or damage from your failure to comply with your security obligation.

5. You may not use the service for any illegal or unauthorized purpose or to use our service to run any illegal or unauthorized enterprise. You must not use this Service to violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment and Refund

1. Accounts are charged at the end of each subscription period. As this is pay after use service no refunds is applicable.

2. All fees are exclusive of any and all taxes imposed by taxing authorities.
3. Sales Gyani reserves the rights to at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

4. Prices of the Services are subject to change at anytime with 30 days notice. We will let you know by any or all of the following: 1. email 2. posting to SalesGyani.com 3. posting inside the service.

5. Sales Gyani shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

1. Your data may be deleted from the Service at some time after your cancellation. Request needs to be placed to export all your data before you cancel.
2. You will be charged on pro-rata bases for the service used.

3. We, at our sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your Account or your access to your Account. Sales Gyani reserves the right to refuse service to anyone for any reason at any time.

4. We will not be liable for any hardware, or other service costs associated with setup and subsequent cancellation of an account.

5. If your account is suspended for non-payment, you can easily subscribe again through the backoffice to regain access your account and perform point of sale functions.

Copyright and Licensed Software

1.The Sales Gyani software app is copyright © 2017 Sales Gyani. You may not duplicate, copy, or reuse any portion web code, visual design elements, or software code without express written permission from Sales Gyani.

2. SalesGyani.com shall retain the ownership of the POS software (referred to as a single entity, or as components, as "the Licensed Software") which is licensed on a non-exclusive basis to you the "Licensee" for use under the following conditions. PERMITTED USES: Subject to the terms hereunder, Sales Gyani.com hereby grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license, to install and operate the Licensed Software and to operate an account on the SalesGyani.com website solely for the benefit of Licensee and not for any third party. PROHIBITED USES/YOU MAY NOT: (a) Make copies of or further distribute the Licensed Software, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Licensed Software, (c) alter, modify or adapt the Licensed Software or the SalesGyani.com website, including but not limited to, translating, decompiling, disassembling, reverse engineering, or creating derivative works, (d) export the Licensed Software without the appropriate foreign government licenses and without Sales Gyani’s prior written approval, (e) resell, rent or otherwise provide access to SalesGyani.com to a third party or (f) take any action in an attempt to obtain other user’s data, cause malfunction, crash or otherwise impair the SalesGyani.com website. Any rights not expressly granted hereunder are reserved by SalesGyani.com.

3. Licensee agrees that the Licensed Software is the confidential information of Sales Gyani and agrees not to disclose such software to any third party.

Content and Data

1. When you create an Account, you upload business information that is required by Sales Gyani and necessary to use the Service (“Account Content”). You agree that you will not upload or permit the upload through your Account or any Sub-Account of any Account Content to the Service unless you have created, hold a license to, or otherwise have permission to use and have the same transmitted, distributed, or disseminated through your Account or Sub-Accounts. You retain all rights in your Account Content, subject to the rights granted to Sales Gyani in these Terms of Service. You may modify or remove your Account Content through the Account itself or by terminating your Account.

2. You grant Sales Gyani a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display any Account Content and Transaction Data (other than Transaction Data that personally identifies any customer, unless such customer has given us or any party affiliated with us authorization to use such personally identifiable information) throughout the world in any media in order to provide and promote the Services and Sales Gyani’s business. We may share Account Content and Transaction Data with third parties at your direction; however, you agree that we are not responsible for the use or treatment of such data by such third parties. If you instruct Sales Gyani to share Account Content and/or Transaction Data with third parties, you agree to indemnify, defend, protect and hold Sales Gyani and its affiliates harmless from and against any and all third party damages, losses, claims and expenses, including but not limited to governmental penalties and reasonable attorneys' fees, which may be asserted against or incurred by Sales Gyani or any affiliate arising out of or resulting from the sharing, use or ownership of such data.

3. By using our Service you hereby grant permission to Sales Gyani. to use your data for providing your account, improving and maintaining the SalesGyani.com websites and for analytical purposes in a manner where such data is aggregated with other users. As such, Sales Gyani may use such data for its own legitimate purpose and may share such data with third parties without notice to you.

4. Errors occurring on your devices are logged for support and development purposes, and might contain user identification data. This data is only used by development personnel.

5. Sales Tax and Other Taxes. Sales Gyani currently provides a sales tax calculation and other tax field calculations in the Service purely as a convenience to our users. You acknowledge and agree that Sales Gyani is not obligated to continue providing this functionality, that such calculations cannot be relied upon as expert advice for income tax purposes in any jurisdiction, where applicable, and that such calculations shall in no way be construed to be a substitute for a formal review of your financial statements by a Certified Public Accountant or other professional expert(s) to determine your sales tax or other tax liability. Sales Gyani shall in no event be liable to you or to any third party for any owed taxes or fees of any kind, or for any losses or damages of any kind related to your tax affairs, including any that relate to or utilize the tax field calculations in the Service. You acknowledge and agree that it is your sole responsibility in all circumstances to accurately input sales tax and other tax amounts, to appropriately apply sales tax and other tax to items, to apply the correct sales tax and other tax rates, and to consult with a Certified Public Accountant and/or other professionals and experts as necessary on tax-related matters.

6. Transaction Data. You can use the Service to process information relating to your patrons and transactions with patrons and other third parties (“Transaction Data”). You are solely responsible for lawfully collecting and using any identifiable information you collect about your customers as collected through the Service, for providing any notices and collecting any necessary consents from customers to use their information independent of the Service such as sharing identifiable information with third parties or using the information for marketing purposes.

7. Internet Security. You acknowledge and agree that any information you send to the Site or through the Service may be read or intercepted by others, even if such information is encrypted and that Sales Gyani is neither responsible nor liable for any such interception, or for any resulting loss or damage.

General Conditions

1. Your use of the Service is at your sole and absolute risk. The Service is provided on an "as is" and "as available" basis.

2. In no event will Sales Gyani be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Service or Licensed Software, even if advised of the possibility of such damages. Specifically Sales Gyani is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of the use of the product, loss of data, the cost of recovering data, or claims by third parties, or for other similar costs.

3. Sales Gyani does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the services will be corrected.

4. You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or collect, report, or remit any Taxes to any tax authority arising from any transaction.

Contacting Us

If you have any questions about these Terms, please contact us by sending message using link http://www.salesgyani.com/en/contact-us/