These terms may be updated from time to time in the future. You agree to review our Terms of Service regularly by visiting this page. Your continued access to or use of the service will mean that you agree to the changes. You will be notified of any significant changes to our Terms of Service.

1. Provision of Service.
Plotch will make the Services and Software available to Customer pursuant to this Agreement, the Supplemental Terms (where applicable), and provide such Services in accordance with this Agreement, during each Subscription Term. During the Subscription Term, Plotch grants to Customer a limited, non-exclusive right to access and use the Services and Software only for its internal business purposes., including the right to download, install and use the Mobile Apps in connection with the authorized use of the Services.

2. Responsibilities of Customer.
A. Customer Account. Customer may need to register for an Account in order to access or receive the Services. Customer agrees to keep its Account information current, accurate and complete so that Plotch may send notices, statements and other information to Customer via email or through its Account, which notifications will be subject to this Agreement. Customer will be responsible for maintaining the confidentiality of User login information and credentials for accessing the Services and will notify Plotch promptly of any loss, misuse, or unauthorized disclosure of such login information and/or credentials of which Customer becomes aware. Plotch and its Affiliates will not be liable for any damage or loss that may result from Customer’s breach of the foregoing obligations.

B. Use Restrictions. Customer agrees not to use the Plotch (as defined below) to: (i) process data on behalf of any third party other than Customer’s Users and End Users; (ii) send unsolicited communications, junk mail, spam, or other forms of duplicative or unsolicited messages in violation of other laws; (iii) engage in unlawful conduct, including but not limited to violation of any person’s privacy or publicity rights; (iv) store or transmit any content that infringes upon any third party’s intellectual property rights; (v) interfere with or disrupt the integrity or performance of the Services and their components; (vi) post, transmit, upload, link to, send or store any content that is unlawful, hateful, abusive, libelous, obscene, or discriminatory; (vii) post, transmit, upload, link to, send or store any viruses, malware, or any other similar harmful software; (viii) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable laws in India. In addition,  Customer will not: (ix) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Plotch Technology available to any third party other than Users and End Users, and then only in furtherance of its permitted business purposes as expressly permitted by this Agreement; (x) modify, adapt, or hack the Plotch Technology or otherwise gain or attempt to gain unauthorized access to the Plotch Technology, its related systems or networks; (xi) falsely imply any sponsorship or association with Plotch; (xii) decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of Plotch Technology. Without limiting the foregoing, Customer is solely responsible for ensuring that Customer’s use of the Plotch Technology is compliant with all applicable laws and regulations, in India.

3. Customer Data.
A. Use of Customer Data. As between the parties, Customer and its licensors retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data and any modifications made thereto in the course of the operation of the Plotch Technology. Subject to the terms of this Agreement, Customer hereby grants to Plotch and its Affiliates a non-exclusive, world-wide, royalty-free right to process the Customer Data solely to the extent necessary to provide the Services, Software, Mobile Apps, and perform all related obligations owed to Customer under this Agreement, or as may be required by law.  Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer warrants that Customer has and will have sufficient rights in the Customer Data to grant the rights to Plotch under this Agreement.
B. Data Security. The parties will comply with the terms of the Data Processing with respect to the provision and processing of Data as defined in this agreement. Plotch will use appropriate technical and organizational measures in the Services to protect the Customer Data from unauthorized access, processing, loss, or disclosure. Plotch measures are designed to provide a level of security appropriate to the risk of processing the Customer Data within the Services. Customer understands that Plotch and its Affiliates will process Customer Data in accordance with applicable data protection laws, under this Agreement.

4. Intellectual Property.
A. Ownership Rights. Customer Data is Customer’s Confidential Information under this Agreement.  Customer and its licensors retain all right, title and interest in and to the Customer Data and all of Customer’s Confidential Information provided under this Agreement, and Plotch obtains no rights in the foregoing except for the express rights granted in this Agreement and the Privacy Policy.  Plotch and its licensors retain all right, title, and interest in and to Plotch Technology. Customer acknowledges that the Services are offered as online, hosted solutions, and that Customer has no right to obtain a copy of the underlying computer code for any Services. Plotch may freely use and incorporate into Plotch’ products and services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by Customer or by any Users or End Users relating to Plotch products or services. Feedback and any other suggestions are provided by Customer exclusively “AS IS,” in Customer’s sole discretion, and will not be used by Plotch in any way that identifies or permits identification of Customer, its Affiliates, Users, or End Users.
B. Usage Data. Usage Data includes but is not limited to query logs, and any data (other than Customer Data) relating to the Customer’s use of the Services, Software, Plotch’ websites, Plotch’ APIs, or the Plotch appstore (“Usage Data”). Notwithstanding anything to the contrary in this Agreement, Plotch may collect and use Usage Data to develop, improve, support, and operate its products and services.  Plotch will not share Usage Data that includes Customer’s Confidential Information with a third party except (i) in accordance with Section 7 (Confidentiality) of this Agreement, or (ii) to the extent the Usage Data is aggregated and anonymized such that Customer and Customer’s Users and End Users cannot be identified. Plotch may use feedback and Customer (or Customer’s End Users) data to provide Customer reports on Customer’s usage/implementation of the Service, or for Plotch’ product development.
C. Updates. Plotch may update the Services and Software from time to time and Customer may receive notifications of Updates. Any Updates to the Services and Software are subject to this Agreement. Customer agrees that its purchase of the Services and Software is neither contingent upon the delivery of any future functionality or features, nor dependent upon any oral or written public comments made by Plotch with respect to future functionality or features.
D. Other Services. Certain other services, such as third-party applications, are made available to Customer through the Plotch services and Appstore. These Third Party Services may integrate with the Services and are not licensed by Plotch pursuant to this Agreement, but are governed by the third party provider’s terms and conditions and privacy policies that accompany them, which Customer must separately accept. By enabling Third Party Services, Customer understands and agrees that Plotch is neither responsible for Customer’s use of these Third Party Services, nor does it provide any warranties whatsoever for these Third Party Services. Plotch is not liable for any damage or loss caused or alleged to be caused by or in connection with Customer’s enablement, access or use of any such Third Party Services, or Customer’s reliance on the privacy practices, data security processes or other policies of such Third Party Services. Customer understands that Plotch is not responsible for providing technical support for the Third Party Services and that Plotch is not responsible for the data hosting and data transfer practices followed by the providers of such Third-Party Services.

5. Fees and Payment.
A. Fees and Payment. All charges associated with Customer’s Account (“Fees”) are set forth in the Order Form, and are due and payable in full within thirty (30) days from the invoice date. Payment obligations are non-cancelable, regardless of utilization by the Customer and except as expressly permitted in this Agreement, Fees paid are non-refundable. Customer will pay the Fees through an accepted payment method as specified in the Order form. Customer’s subscription to the Services will renew automatically for a Subscription Term in accordance with the renewal terms and conditions set forth in Section 6(b) below.
B. Late Payments. If undisputed Fees are more than thirty (30) days overdue, then, following written notification from Plotch, Plotch may suspend Customer’s access to the Services and/or Mobile Apps, including, without limitation, Customer’s Account, until such unpaid Fees are paid in full.
C. Payment Disputes. Plotch will not exercise its rights under Section 5(b) (Late Payments), 6(d) (Termination for Cause) or Section 6(c)(i) (Suspension of Service) with respect to non-payment by Customer if Customer is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute. If the parties are unable to resolve such a dispute within thirty (30) days, each party will have the right to seek any remedies it may have under this Agreement, at law or in equity, irrespective of any terms that would limit remedies on account of a dispute. For clarity, any undisputed amounts must be paid in full.
D. Applicable Taxes. The Fees are inclusive of all local taxes, including GST. Customer agrees to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent Plotch is legally required to collect the same, will be itemized on the Plotch invoice.
E. Orders by Affiliates. Customer’s Affiliates may purchase Services directly from Plotch by executing a separate agreement. If the Affiliate resides in a different country than Customer, then the agreement would include modifications to terms applicable to the transaction(s) (including but not limited to tax terms and governing law).

6. Term, Termination and Suspension.
A. Term. This Agreement is effective as of the Effective Date (or, for online Customers, the date of sign up on the Website) and will continue through the then-current Subscription Term. Service Plans commence on the start date specified on the plans or as specified in the “Order Form” or “ Supplement terms(wherever applicable)“ and continue for the Subscription Term specified therein.
B. Renewal. Unless a party gives written notice of non-renewal at least Thirty (30) days prior to the expiration of the relevant Subscription Term, Service Plans will automatically renew for a period equal to the previous Subscription Term or one year (whichever is shorter). Plotch reserves the right to increase the Fees at the beginning of each Subscription Term.
C. Suspension. Plotch may suspend Customer’s access to the Services, Software, Mobile Apps and/or Customer’s Account, on the following grounds: (i) late payment/non-payment of undisputed Fees, per the process noted in Section 5 above; (ii) non-renewal of the Services by Customer; (iii) Customer’s or its Users’ breach of Section 2 (Use Restrictions); or (iv) in the event suspension is deemed necessary by Plotch to prevent or address the introduction of Malicious Software (as defined in Section  8.b below), a security incident, or other harm to Customer, Plotch, or Plotch' other customers.  Plotch will notify Customer of any such suspension. Plotch will use diligent efforts to attempt to limit, where commercially feasible, the suspension to affected Users or Plotch Technology, and will immediately restore the availability of the same as soon as the issues leading to the suspension are resolved.  Such suspension will in no way affect Customer’s other obligations under this Agreement.
D. Termination for Cause. Either party may terminate this Agreement within Thirty (30) days by written notice to the other party in the event that (i) such other party materially breaches this Agreement and does not cure such breach within thirty (30) days of such notice, or (ii) immediately in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
E. Free Trial Customers. Upon the expiration of Customer’s free trial, Plotch may immediately suspend Customer’s access to the Services. Customer must export Customer Data before the end of the free trial or Customer Data will be permanently deleted. Plotch will have no obligation to maintain, store or otherwise retain Customer Data beyond the end of the free trial period.
F. Data Export. Upon termination or expiration of this Agreement for any reason, Customer’s access to the Services, Software, Mobile Apps, APIs and other Plotch Technology will terminate.  Plotch strongly recommends that Customer export all Customer Data before Customer closes Customer’s Account. Customer agrees, following the termination or expiration of this Agreement or an unrenewed Subscription Term, that Customer Data will be deleted.

7. Confidentiality.
Each party will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as it protects its own Confidential Information of similar nature or importance, and in any event, using no less than reasonable care. Except as otherwise expressly permitted pursuant to this Agreement, the receiving party may use the disclosing party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement, and will disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound by obligations to maintain the confidentiality of, and not misuse, such Confidential Information.  The provisions of this section will supersede any non-disclosure agreement by and between the parties entered into prior to this Agreement that would purport to address the confidentiality of any information shared by the parties, including Customer Data, and such agreement will have no further force or effect with respect to the foregoing.  If the receiving party is required by law or court order to disclose Confidential Information of the disclosing party, then the receiving party will, to the extent legally permitted, provide the disclosing party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. 

8. Warranties/Disclaimer of Warranties.
To the maximum extent permitted by applicable law, except as expressly provided for in this agreement, plotch makes no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and non-infringement. The service is provided "as is". Ok

9. Limitation of Liability.
9.1 Disclaimer of Consequential Damages. Notwithstanding anything to the contrary contained in these terms, neither plotch,nor their respective directors, officers, employees, agents, contractors, subsidiaries or affiliated companies will be liable to you for any consequential, incidental, special, cover, punitive, or exemplary damages arising out of or related to the transactions contemplated under these terms, including, but not limited to, goodwill, work stoppage, lost profits, or loss of business, even if apprised of the likelihood of such losses, and whether such claims are made based on contract, tort (including negligence), or any other legal theory.
Plotch will use reasonable efforts to protect personal information submitted by you in the connection with the plotch service and shall use such information in accordance with the privacy policy.
9.2 Cap on Damages. Our total liability to you for any cause of action arising out of or related to these terms or to your use of the site (including without limitation warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort (including negligence), or any other legal or equitable theory, will not exceed the total amount paid by you to plotch for the plotch service(s) giving rise to the claim under these terms during the twelve (12) month period preceding the date of the first event giving rise to liability, or rs. 1000, whichever is lesser. The existence of more than one claim shall not enlarge this limit.

10. Indemnification.
A. Indemnification by Plotch. Plotch will defend Customer and  its Affiliates, from any third party claim alleging that Customer’s use of the Plotch Technology as contemplated hereunder infringes such third party’s patent, copyright and/or trademark intellectual property rights (an “IP Claim”), and will indemnify and hold harmless Customer and its Affiliates from and against any damages and costs awarded against Customer or its Affiliates, or agreed in settlement by Plotch (including reasonable attorneys’ fees) resulting from such IP Claim. Plotch will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by (i) unauthorized use of the Plotch Technology by Customer, its Affiliates or Users; (ii) modification of the Plotch Technology by anyone other than Plotch or its representatives; (iii) or the combination, operation or use of the Plotch Technology with other data, hardware or software not provided by Plotch.

B. Indemnification by Customer Customer will defend Plotch and its Affiliates from any third party claim (“Claim”), and will indemnify and hold harmless  Plotch and its Affiliates from and against any damages and costs awarded against Plotch and its Affiliates, or agreed in settlement by Customer (including reasonable advocate’ fees) resulting from such Claim, to the extent caused by: (i) modifications of the Services, Software, Mobile Apps, or Documentation by Customer, its Affiliates, Users, or third party contractors, (ii) Customer’s or its Affiliate’s unauthorized supply, disclosure, or processing of Customer Data, including Personal Data therein, (iii) Customer’s or its Affiliate’s violation of laws applicable to Customer’s or its Affiliate’s business, and (iv) any dispute between Customer or its Affiliate and an End User pertaining to Customer’s or the Affiliate’s commercial offerings. Customer will have no liability or obligation with respect to any Claim if such claim is caused in whole or in part by (a) Plotch’ or its Affiliate’s breach of this Agreement or violation of applicable law, or (b) acts or omissions leading to Plotch' obligation to indemnify Customer pursuant to Section 10(a) above.

11. Miscellaneous.
A. Use of Third Parties for Payment Processing. Plotch may use a third-party service provider to manage payment processing provided that such service provider is not permitted to store, retain, or use Customer’s payment account information except to process Customer’s payment information for Plotch. Customer must notify Plotch of any change in Customer’s payment account information, either by updating Customer’s Account and by e-mailing Plotch at support@plotch.ai

B. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety, without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section will be null and void.
C. Entire Agreement. This Agreement, together with any Supplement terms, constitutes the entire agreement and supersedes any and all prior agreements or communications between Customer and Plotch regarding the subject matter hereof. If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be modified by the court and interpreted so as to best accomplish the original provision, and the remaining provisions of this Agreement will remain in effect.
D. Publicity Rights. Plotch may identify Customer as a Plotch customer in its promotional materials.  Customer may request that Plotch stop doing so by submitting an email to support@plotch.ai at any time. Please note that it may take us up to thirty (30) days to process a request.
E. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
F. Survival. Sections 2.b (Use Restrictions), 4 (Intellectual Property), 5 (Fees and Payment), 6 (Term, Termination and Suspension), 7 (Confidentiality), 8 (Warranty Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), 11.c (Entire Agreement), 11.f (Survival), 11.g.  (Notices), 11.j (Governing Law) and 11.k (Dispute Resolution) and 12 (Definitions) will survive any termination of termination of the Agreement. Termination of this Agreement will not limit either party’s liability for obligations accrued as of or prior to such termination or for any breach of this Agreement.
G. Notices. All notices to be provided by one party to the other under this Agreement may be delivered in writing to the mailing address provided in the agreement. The address for a notice to Plotch is: Plotch Unit No. 138, 1st Floor, Satguru Nanik Industrial Estate, Western Express Highway, Goregaon East, Mumbai-400063, Mahasrahtra, India with a copy to support@plotch.ai by electronic mail. All notices will be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, five (5) business days after being deposited in the mail or with a courier as permitted above.
H. Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Customer learns of any violation of the above restriction, Customer will use reasonable efforts to promptly notify Plotch at support@plotch.ai
I. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to, acts of God, acts of government, acts of terror or civil unrest, Internet failures, or acts undertaken by third parties not under the performing party’s control, including, without limitation, denial of service attacks (“Force Majeure Event”). In the event that a Force Majeure Event continues for a period of thirty (30) consecutive days, the other party may terminate this Agreement on written notice to the non-performing party.  If Plotch is the party experiencing the Force Majeure Event and as a result thereof is unable to provide the Services, Software or Mobile Apps for the period noted herein, and Customer terminates this Agreement, then Plotch will provide Customer a refund of fees paid by Customer pro-rated as of the date the Force Majeure Event commenced.
J. Governing Law. This Agreement is governed by the laws of India. The parties hereby submit to the exclusive jurisdiction of Mumbai, for any claims or dispute relating to this Agreement.
K. Dispute Resolution. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by arbitration in Mumbai, India. Judgment on the Award may be entered in any court having jurisdiction. This section will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
L. Representation. The user utilizing any service as an employee, agent or contractor of a company, Partnership or similar entity, represents and warrants that he / she has the authority to sign for and bind such entity in order to accept the terms of this agreement. The Rights granted under this agreement are expressly conditioned upon acceptance by such authorized personnel.
M. Modifications to this Agreement. From time to time, Plotch may modify this Agreement. Changes to this Agreement will not apply retrospectively and will become effective no sooner than 14 days after they are posted. Plotch will use reasonable efforts to notify Customer of the changes through communications via Customer’s Account, email or other means. 
N. Effective Date. This Agreement is the date which is the Customer’s initial access to any Service through online registration or order process. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.
O. Acceptance.By accepting this agreement or accessing this using this service, you are agreeing to the terms and conditions of this agreement.

12. Definitions.
“Account” means any accounts or instances created by or on behalf of Customer for access to and use of any of the Services.
“Affiliate" or "Subsidiary" means, with respect to a party to this Agreement, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
“Confidential Information”means all information disclosed by one party to the other party, orally, in writing or electronically, that is designated as “confidential” (or with a similar legend), or which a reasonable person should understand to be confidential given the nature of the information and circumstances of disclosure. Confidential Information does not include any information that: (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
“Customer Data” means, all electronic data, text, messages or other materials, including, without limitation, Personal Data of Users and End Users, submitted to the Services by Customer or its Users through Customer’s Account in connection with Customer’ use of the Services.
“Documentation” means, the then-current, generally available user documentation provided by Plotch detailing the functionalities of the Software and the Services.
“End User” means, any person or entity other than Customer authorized by it for using the Services.
“Order Form” means, (i) any service order referencing this Agreement and executed by Customer and Plotch, or (ii) any online ordering document or process completed by Customer, including any online registration through a Website, each of which detail, the Services subscribed to and corresponding Service Plans, Fees payable to Plotch, the applicable Subscription Term, and any relevant additional terms and conditions.
“Plotch Technology” means, (i) the Services, Software, Mobile Apps, Documentation, Plotch’ APIs, Plotch’ website(s) and any content published on the Plotch’ websites, (ii) any training materials, support materials, templates, tools, methodologies or know-how, (iii) Plotch’ Confidential Information and (iv) any modifications or derivative works of the foregoing.
“Mobile App” means, the Plotch-branded Software applications provided by Plotch to enable access and use of the Services through mobile or other handheld devices (such as apps on iOS or Android devices).
“Personal Data” means, data relating to an individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (as defined under applicable data protection laws).
“Privacy Policy” means, Plotch’ privacy policy currently at plotch.ai/privacy-policy as updated from time to time.
“Services” means, the Plotch software-based service offerings identified in the agreement orSupplement terms, and any Updates, including any Software, API or Documentation made available by Plotch with such offering, but excludes any applications or APIs separately provided by third parties.
“Service Plans” means, the pricing plans and other packaged offering limitations for and the applicable Services for which Customer subscribes with respect to any User.
“Software” means the generally available software provided by Plotch in connection with Customer’s use of the Services, and includes Mobile Apps, but excludes any applications or APIs that are provided by third parties.
“Subscription Term” means, the period stated in the “Order form” during which Customer subscribes to the Services.
“Supplemental Terms” means, the Services specific terms in addition to this agreement.
“Update” means, the generally available updates, upgrades, hot fixes, patches, workarounds to the Software or Service provided by Plotch to all subscribing customers, but excludes separately priced new products or modules.
“User” or “Agent” means, any individual who is authorized by Customer to use the Services, including an Account administrator, employees, consultants, contractors, and agents of Customer or its Affiliates, and third parties with which Customer or its Affiliates transact business.