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Service Notes

Notas de servicio

Terms & Conditions Manatha Services and Licenses

Términos y condiciones Servicios y licencias de Manatha

Not Include

    License and transactions generated by channels and apps such as Whatsapp API, Power BI PRO, Office 365, Database Services, Facebook Ads, Automatic PRO, SMS, MS SQL Server, AI Apps, OCR Applications

    RPA implementations

    Data-verse apps or implementations

    Licenses for applications hosted or used by customer separate to the Manatha Services or Licenses 

Arbitration

    Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Service (“JAMS”) through its offices in Miami, Florida.

    Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

    The arbitration shall be conducted in Miami, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

    Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Miami, Florida necessary to protect the rights or property of you and us pending the completion of arbitration.

    Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

Miscellaneous

    This Agreement shall be treated as though it were executed and performed in Miami, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles).

    Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

    All actions shall be subject to the disclaimers and limitations of liability set forth in this contract.

    The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

    This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.

    Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

    To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

    Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

    Our rights under this Agreement shall survive any termination of this Agreement.

Technical Support

    Your use of the Service and the Website is at your sole risk. The service is provided on an “as is” and “as available” basis

    Technical support is only provided to paying account holders and is only available via email or through the website and direct communication to support@manatha.com

    You understand that the response time to requests for technical support can be up to and exceeding five (5) business days under some circumstances.

    You understand that MANATHASOFT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.

Cancellation

    You can cancel your Account/Services at any time by requesting this in writing.

    MANATHASOFT, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MANATHASOFT’s services, 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 or services, and the forfeiture and relinquishment of all Content in your account.

Payment Terms

    A valid credit card or Bank Transaction is required for payment.

    Any deposit made by Buyer to MANATHASOFT for purchase of Goods or Services is non-refundable.

    If you sign up for monthly service, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.

    The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

    We reserve the right to alter or increase the fees for monthly service.

    For any upgrade or downgrade in your plan level, your credit card that you provided will be automatically charged the new rate on your next billing cycle.

    Downgrading your Service may cause the loss of Content, features and capacity of your Account. MANATHASOFT does not accept any liability for such loss.

    The monthly service will be billed based upon a calendar month.

    All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties, excluding only United States (federal and state) taxes.

Limitation Of Liability

    We and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the site or any services or products obtainable therefrom, (2) the unavailability or interruption of the site or services or any features thereof, (3) your use of the site or services, (4) the content contained on the site or services, (5) any loss or disclosure of information from you or your company or (6) any delay or failure in performance beyond the control of a covered party.

    The sole and entire maximum liability of MANATHASOFT, for any reason, and buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular items purchased.

    MANATHASOFT and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

    The limitations of damages set forth above are fundamental elements of the basis of the bargain between MANATHASOFT and buyer.

    This site and goods and services would not be provided without such limitations. some state statutes may apply regarding limitation of liability.

Disclaimers

    The information, content and documents from or through the site and services are provided "as-is," "as available," with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).

    The information and services may contain bugs, errors, problems or other limitations. we and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in this contract.

    In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

    We and our affiliated parties are also not liable for any loss or disclosure of information from you or your company.

    The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you.

    This site and the products, services, documents and information presented would not be provided without such limitations.

    No advice or information, whether oral or written, obtained by you from us through the site, services or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.

    All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

Indemnification

    You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site and Services.

Limited License; Permitted Uses

    Your license for access and use of the Site and Services and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:

    You may not:

    copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or Services or any Content and Materials retrieved therefrom;
    use the Site or Services or any materials obtained from the Site or Services to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
    create compilations or derivative works of any Content and Materials from the Site or Services;
    use any Content and Materials from the Site or Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
    remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site or Services;
    make any portion of the Site or Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
    remove, decompile, disassemble or reverse engineer any Site or Services software or use any network monitoring or discovery software to determine the Site or Services plan architecture;
    use any automatic or manual process to harvest information from the Site or Services;
    use the Site or Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;
    use the Site or Services in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations;
    export or re-export the Site or Services or any portion thereof, or any software available on or through the Site or Services, in violation of the export control laws or regulations of the United States.

Service Marks

    MANATHASOFT and others linked to our site are trademarked service marks or registered service marks. Other product and company names mentioned on the Site or during the Service work may be trademarks of their respective owners.

General Provisions Applicable To Any Use Of The Site And Services

    Acceptance Of Agreement

    You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site and services (the "Site” and “Services" accordingly).

    This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and Services, the content, products or services provided by or through the Site, and the subject matter of this Agreement.

    This Agreement may be amended at any time by us from time to time without specific notice to you.
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