End User License Agreement & Privacy Policy
Introduction and Scope
This End User License Agreement (“EULA”) constitutes and governs the contractual relationship between the parties; “Alumnyx”, a fully owned brand of Array Innovative Services Pvt Ltd and you, an individual, group, entity or organization (“User”). By using Alumnyx, Alumnyx.com, any of its other direct or indirect url’s , its services, offerings, application, or any other feature, Users confirm that they accept and agree with all the terms and conditions and unconditionally accept all the terms described in this EULA. If users do not agree with the entire agreement, they are obliged to leave the site immediately.
Definitions
User” means you, an individual, group or organization that has signed up, or not and visiting or viewing the information on Alumnyx.
Visiting the Alumnyx site or its related will be considered as an agreement to the terms of this Agreement.
“User Data” means any information or data about users (to include their staff, institutions, organizations previous or past, customers or suppliers, as applicable), that is supplied to Alumnyx by or on behalf of any user in connection with the services, or which Alumnyx is required to access, generate, process, store or transmit pursuant to this Agreement, including (but without limitation) information about users’ respective data, devices, computers and use of services.
“User Personal Data” means any User Data that might include but not limited to personal information.
“Alumnyx ” means all proprietary applications (available on Computers, iPhone, Android, Palm, Blackberry, Windows Mobile and any other application) used in providing the services, and any updates, fixes and/or patches developed from time to time.
“Intellectual Property Rights” means all patents, registered designs, unregistered designs, design rights, utility models, software, hardware, UI, database rights, copyright and other similar statutory rights, trade mark, service mark and any know how relating to algorithms, drawings, tests, reports and procedures, models, manuals, formulae, methods, processes and the like (including applications for any of the preceding rights) or any other intellectual or industrial property rights of whatever nature in each case in any part of the world and whether or not registered or registerable, for the full period and all extensions and renewals where applicable.
“Services” means usage of features products and services that are ordered by and/or made available to users under a free trial or paid for and made available online by Alumnyx including associated offline components, if any.
“Software” means the integrated Alumnyx.
Purpose
To offer a platform that allows institutions, groups or individuals of all kinds to join together and build an alumni group for themselves.
Services for Users
Subject to and conditioned on full compliance with all terms and conditions of this Agreement, Alumnyx grants users a non-exclusive, non-sub licensable, non-transferrable option to access and use the services, along with any documentation, templates or designs as Alumnyx may make available from time to time.
The Services are subject to modification from time to time at Alumnyx sole discretion. User consent will not be required for any modifications undertaken.
Alumnyx will make the services available and reserves the right to suspend users access to the Services: (i) for scheduled or emergency maintenance, (ii) in the event user is in breach of this agreement and fails to correct that breach within the applicable cure period (iii) is reasonably necessary to respond to any actual or potential security concerns or (iv) based on Alumnyx reasonable belief that the user has breached the agreement of the services, interfering with use by other users or are violating applicable laws, rules or regulations.
Alumnyx will collect certain information about its Users as well as their respective devices, computers and use of the services. However, Alumnyx will not be responsible for any breach, loss or distribution of such information.
Alumnyx takes no responsibility nor offers any warranty about the information being uploaded by users, or of any individual or organization that views or uses the data to contact a user/s or make any decision based on the available data.
Alumnyx will not be responsible for any loss of data due to reasons beyond control. Users will indemnify Alumnyx for any loss of data.
Any delay or failure in the performance of Alumnyx due to Force Majeure or any technical issues will not be considered a breach of this Agreement.
Ownership of Intellectual Property Rights (IP)
Except as expressly set forth herein, Alumnyx (through it parent company Array Innovative Services Private Limited) alone will be the sole owner of all Intellectual Property rights relating to the services or the software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by users or any third party relating to the services and/or the software. Users will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this agreement. As between the parties, Alumnyx will own all performance data, all other forms of aggregated information, and all de-identified data relating to any user and/or the services. This agreement is not a sale and does not convey to users any rights of ownership in or related to the services or software, or any Intellectual property rights. Any infringement will attract penalties as per prevailing laws.
All information, process, software features, UI/ UX / design, flow, idea, product, and all other but not limited to related items that users will experience or view in the Alumnyx system is confidential and proprietary information of Alumnyx. Under any circumstances this agreement prohibits users or any other entity from disclosing the same to any other third party. This agreement also prohibits users or any other related third party to copy, distribute, reengineer any features and all of the items stated above. Users also agree that they will not breach the intellectual property clause by trying to take screen shots, copying code or reengineer the software in part or wholly.
Data Protection & Copy Right
For the purposes of the Data Protection Laws, as between users and Alumnyx , the parties agree that users shall at all times be the data provider and Alumnyx shall be only a platform with respect to the storing, accuracy and sharing of users personal data be it IP protected or copy right in connection with this Agreement. Alumnyx will not be liable for any misuse, 3rd party infringement or public sharing of users personal or professional data. Users indemnify Alumnyx from all legal or other limitations.
By entering into this agreement, users agree that Alumnyx may collect, retain and use certain customer personal data (which may include, without limitation, names, mobile telephone numbers, IP addresses and email addresses of users) in connection with the services. While Alumnyx will take all necessary precautions, it will not be liable for any leak of personal information and stands indemnified in all respects.
Some user data may need to be shared for legal purposes. Users permit Alumnyx to at its discretion share information with compliance and legal institutions if asked for.
If users believe there has been any infringement with their account, they should write to us at email ID needed??. We will look into your complaint and seek remedial measures. However, Alumnyx stands completely indemnified by users in the event of any infringement or delays in amending users account status.
Alumnyx holds the right to block, temporarily or permanently users account, if it believes that there is credible proof of misuse, unacceptable activity, cross selling or using of the Alumnyx platform to support 3rd party business activities , or is seen to breach accepted terms and conditions.
Anti Spam Policy
This policy is applicable to all Alumnyx services. Alumnyx follows globally accepted anti spamming policies and will take corrective action, legal or otherwise should there be any incident of spam activity on its platform.
Rights and Limits
Users own all of the content, feedback, and personal information they provide to Alumnyx but users also grant Alymynx a non-exclusive license to it. Users promise to only provide information and content that they have the right to share.
As between users and Alumnyx users own the content and information that they submit or post to the services and users are only granting Alumnyx the following non-exclusive license: A worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, information and content that user’s provide through the platform , without any further consent, notice and/or compensation to users or others. These rights are limited in the following ways:
No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our services. To the extent allowed under law, Alumnyx (and those that Alumnyx works with to provide the services) (a) disclaim all implied warranties and representations (e.g. Warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (b) do not guarantee that the services will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to users.
Exclusion of Liability
Alumnyx shall not be liable to users for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use or changes to information or content). These form part of the basis of the bargain between Alumnyx and users and shall apply to all claims of liability.