These Terms of Service (the “Terms”) constitute a binding agreement between you and Wyse Intelligence Private Limited (the “Company”, “we”, “us” or “our”) governing your access to and use of the websites located at datawyse.app and datawyse.in, the demonstration environment located at demo.datawyse.app (the “Demo”), and the free tools made available on them (collectively, the “Sites”).
1Acceptance
1.1 By accessing or using the Sites, you agree to be bound by these Terms. If you access or use the Sites on behalf of an organisation, you represent and warrant that you are authorised to bind that organisation, and “you” shall include that organisation. If you do not agree to these Terms, you must not access or use the Sites.
2Eligibility
2.1 You represent that you are at least eighteen (18) years of age and are accessing the Sites in a business or professional capacity.
3Subscription Services
3.1 Access to the Company’s subscription services is governed exclusively by the separate agreements executed between the Company and its customers, which shall prevail over these Terms in the event of any inconsistency.
4Demo and Free Tools
4.1 The Demo and free tools are provided free of charge, for evaluation purposes only, and may use sample or illustrative data. The Company may modify, suspend, limit or discontinue them, in whole or in part, at any time without notice or liability.
4.2 You acknowledge the collection and processing of information in connection with your use of the Sites, including the Demo, as described in the Privacy Policy.
5No Professional Advice
5.1 Any analysis, figure, chart, narrative, calculation or other output made available through the Sites is generated automatically, is provided for general information only, and may be inaccurate or incomplete. Such output does not constitute financial, accounting, tax, investment, legal or other professional advice. You are solely responsible for verifying any output and for any decision made in reliance on it.
6Acceptable Use
6.1 You shall not, directly or indirectly:
- (a) scrape, crawl, harvest or otherwise extract content or data from the Sites by automated means, save for search-engine indexing in accordance with our robots.txt;
- (b) copy, modify, reverse engineer, decompile or disassemble any part of the Sites, except to the extent expressly permitted by law;
- (c) probe, scan or test the vulnerability of the Sites, or breach any security or authentication measure, without the prior written consent of the Company;
- (d) interfere with or disrupt the Sites, impose an unreasonable load on them, or use bots or scripts in connection with the Demo;
- (e) circumvent any usage limit, access control or abuse-prevention measure;
- (f) upload or transmit any malicious code, or any content that is unlawful, infringing, or confidential information that you are not authorised to disclose;
- (g) attempt to cause the Demo to disclose its system instructions or the information of any other person;
- (h) use the Sites or any output to develop a competing product or service; or
- (i) impersonate any person or misrepresent your affiliation with any person or entity.
7Intellectual Property
7.1 All rights, title and interest in and to the Sites, including all software, content, designs, trademarks and logos, vest in the Company or its licensors. Subject to these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Sites for the purpose of evaluating the Company’s products and services.
8User Content and Feedback
8.1 You grant the Company a worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, process and store any content you submit through the Sites for the purposes of operating, improving and promoting the Sites and the Company’s products and services. Any feedback or suggestion you provide may be used by the Company without restriction or obligation to you.
9Third-Party Services
9.1 The Sites may link to or integrate third-party websites and services. Such services are governed by their own terms and policies, and the Company shall have no responsibility or liability for them.
10Privacy
10.1 The Privacy Policy forms part of these Terms.
11Disclaimer of Warranties
11.1 To the fullest extent permitted by applicable law, the Sites and all content and output made available through them are provided on an “as is” and “as available” basis, without any warranty, representation or condition of any kind, whether express, implied or statutory, including any warranty of accuracy, completeness, merchantability, fitness for a particular purpose, non-infringement or uninterrupted or error-free operation.
12Exclusion of Liability
12.1 You access and use the Sites entirely at your own risk. To the fullest extent permitted by applicable law, the Company, its directors, officers, employees, affiliates, licensors and service providers shall not be liable to you or any third party for any loss, damage, claim, cost or expense of any kind, whether direct, indirect, incidental, special, exemplary or consequential, including loss of profits, revenue, business, data or goodwill, arising out of or in connection with the Sites, any output, or these Terms, however caused and on any theory of liability, even if advised of the possibility of such loss.
12.2 Nothing in these Terms excludes any liability that cannot be excluded under applicable law.
13Indemnity
13.1 You shall indemnify, defend and hold harmless the Company, its directors, officers, employees and affiliates from and against all claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your use of the Sites, your breach of these Terms or your violation of any law or third-party right.
14Suspension and Termination
14.1 The Company may suspend or terminate your access to all or any part of the Sites at any time, with or without cause or notice. Sections 5, 7, 8 and 11 to 18 shall survive any suspension or termination.
15Governing Law and Jurisdiction
15.1 These Terms shall be governed by and construed in accordance with the laws of India. Subject to applicable law, the courts at Ernakulam, Kerala, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Sites.
16Amendments
16.1 The Company may amend these Terms at any time by posting the amended version on this page. Amendments take effect from the effective date stated, and your continued access to or use of the Sites thereafter constitutes acceptance of the amended Terms.
17General
17.1 These Terms constitute the entire agreement between you and the Company with respect to the Sites. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. No failure or delay by the Company in exercising any right shall operate as a waiver of it. You may not assign or transfer these Terms; the Company may assign them without restriction. The Company shall not be liable for any failure or delay caused by events beyond its reasonable control.
18Contact
18.1 Any questions regarding these Terms may be directed to support@datawyse.app. Grievances may be addressed to the Grievance Officer, Adithya Anilkumar, Chief Operating Officer, at the same address.
Contact
Questions regarding this document may be directed to: