Our Terms of Service
thouSense
These Terms & Conditions (“Agreement”) are a contract between You and ThouCentric Labs Pvt Ltd, The Hive, 4th Floor, VR Mall, The Waverly 60/2, ITPL Main Road, B. Narayanpura Mahadevpura, Bengaluru - 560048, Karnataka, India IN (referred to in these Terms & Conditions as "Company", "Us", "We" or "our"), in respect of the services being provided through Demand Forecasting Platform (“Services”), available at https://thousense.ai/ (“Website”). In this Agreement, "You" refers both to you as an individual and/ or to the entity (including its employees) You represent. This Agreement governs the terms of use of the Services. By accessing the Services, you accept and agree to be bound by this Agreement. This Agreement applies to the entire website, use of Service, and any email or other communication between You and Company in respect of the Services. If You violate this Agreement, we reserve the right to cancel Your account or block access to Your account without any notice and / or liability to You.
Access and use of Service
Licence
Subject to and conditioned on Your payment of the consideration identified on the Website (“Fees”), and compliance with this Agreement, the Company grants You a non-exclusive, non-transferable right to access and use the Services and any reports, forecasts or other data generated through the use of the Services (“Forecast”), solely for Your internal use in accordance with the terms of this Agreement. The Company shall provide You the necessary passwords and network links or connections to allow access to the Services (“Credentials”). You shall keep the Credentials confidential and not disclose them to any third-party.
Use Restrictions
You shall not use the Services for any purposes beyond the scope of the access and use granted in this Agreement. You shall not: (i) copy, modify, or create derivative works of the Services or Forecasts, in whole or in part; (ii) rent, lease, lend, sell, license, sub-license, assign, distribute, publish, transfer, or otherwise make available the Services or Forecasts; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Forecasts; (v) use the Credentials of another user to access or use the Services; (vi) input, upload, transmit any information or materials that are unlawful or injurious, or contain, transmit or activate any virus, worm, malware or other malicious or harmful computer code; (vii) use the Services in any way that interferes with other subscribers’ use of the Services; (viii) download or copy any databases provided through the Services; or (viii) use the Services or Forecasts in any manner or for any purpose that infringes, misappropriates, or violates any applicable law or third party intellectual property.
Reservation of Rights
The Company reserves all rights not expressly granted to You in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to You or any third party any right, title, or interest in the Services or to the Company’s intellectual property
Your Obligations
You are responsible for all acts and omissions performed using Your Credentials. You shall not undertake any activity that would constitute a breach of this Agreement. You shall use reasonable efforts to ensure that all persons having access to the Forecast are aware of this Agreement's provisions, and shall cause them to comply with such provisions. If You become aware of any actual or threatened breach, You will immediately notify the Company and take all reasonable and lawful measures within Your control to stop the breach and to mitigate its effects. You must keep Your Credentials confidential at all times.
Third-Party Products and Links
The Company may from time to time make available such softwares and databases that are not proprietary to the Company (“Third-Party Products and Links”). For purposes of this Agreement, such Third-Party Products and Links may be subject to their own terms and conditions, and You shall be bound by such terms and conditions. Since the Company is not the owner or developer of the Third-Party Products and Links, the Company disclaims all warranties that may be associated with such products, including all implied warranties.
Fee and Payment
You agree to pay the applicable Fees within the stipulated time period for availing the Services. The Company reserves its right to revise the payment term and Fees at its sole discretion without any prior notice. In case of non-payment, the account of the user shall be suspended 30 days after the invoice date.
Confidential Information
Licence
5.1. From time to time, either Party may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in writing, electronic, or in other form or media, whether or not marked, designated or otherwise identified as "confidential" but reasonably construed to be confidential (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of its disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party. Neither Party shall disclose the other Party's Confidential Information to any person or entity, except to its own employees, authorised agents, and sub-contractors who have a need to know the Confidential Information. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required in order to comply with the order of a court or other government body, or as otherwise necessary to comply with applicable law, provided and to the extent permissible, the Party making the disclosure shall first have given written notice to the other Party.
No Sensitive Information.
You agree not to disclose any information that may be construed as ‘Unpublished Price Sensitive Information’, defined under the SEBI (Prohibition of Insider Trading) Regulations, 2015.
Return of Customer Confidential Information
Company will destroy all document and tangible materials containing Your Confidential Information within sixty (60) days of the termination or expiration of this Agreement, except the data required to be retained by the Company as per the applicable laws provided that such retained data shall remain subject to the confidentiality terms agreed herein.
Cookies
Company uses Cookies to identify the areas of our Website that You have visited. We use Cookies to enhance the performance and functionality of our website but are non-essential to Your use of the Website. However, without these cookies, certain functionality like videos may become unavailable or You would be required to enter Your login details every time You visit the website as We would not be able to remember that You had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. Google Analytics is being used to track the traffic across different pages of the website. We never collect personally identifiable information through Cookies.
| Cookie Type | Purpose |
|---|---|
| Access Token & Refresh Token | For Authentication and Session Management |
| GID & GA | For Google Analytics |
| CSRF Token | CSRF is to ensure that only authorized users can access our admin panels and sensitive pages, prevent malicious traffic |
Information and Data
You understand that by using the Services, certain information about You, Your company or other persons from Your company using the Services (“Operational Data”) is collected by the Website and provided to the Company for the purpose of delivering the Services and the Forecasts. Operational Data may include certain business contact information but does not include any personal data. Operational Data is used solely for the purposes of providing Services, supporting the Website, and overall improvement of the Services. All Operational Data will be used, processed and stored by the Company as Confidential Information. Company shall not disclose Operational Data in a manner that identifies You, Your company or any other person of Your company using the Services (including location), without Your prior written consent, unless otherwise required by applicable laws. Operational Data will be transferred, processed and stored by the Company or its affiliates in India.
Intellectual Property
Company IP
You agree that excluding Third Party Products and Links, the Company owns all rights, title, and interest, including all intellectual property rights, in and to the Services and Forecasts, and any inventions, devices, software, mask works, and technologies related thereto, including all derivatives, algorithms, modifications, and revisions thereof (“Company IP”).
Operational Data
You own all right, title, and interest, including all intellectual property rights, in Your Operational Data.
Feedback
If You send or transmit any communications or materials to the Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Company IP or the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), the Company is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to the Company, all right, title, and interest in the Feedback, and the Company is free to use the Feedback for any purpose whatsoever, without any attribution or compensation to any party.
Limitation of Liability
You agree that the Company shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business, profits, opportunity, anticipated sales or savings, business interruption, computer failure, loss of data, or other loss arising out of or caused by Your use of or inability to use the Services (whether arising directly or indirectly). The sole liability of the Company to You in relation to any and all claims in any manner related to the Agreement (whether in contract, tort negligence, strict liability in tort, by statute or otherwise) will be for direct damages only, not to exceed in the aggregate an amount equal to the total fees paid by You to the Company during the three (3) months prior to the first event giving rise to such liability.
Indemnification
You agree to indemnify and hold harmless the Company, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement , or any other claim related to Your use of the Services, except where such use is authorized by the Company.
Governing Law and Jurisdiction
Any controversy or claim arising out of or relating to the Agreement shall be settled and adjudicated exclusively by the courts of Bengaluru, Karnataka in accordance with the laws of India without regard to conflict of law principles.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The company makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from the company, its employees or representatives shall create any warranty not expressly stated in the agreement. You acknowledge that the services are in no manner to be construed as legal, financial or accounting advise.
Grievance Redressal
In case of any grievance, we have levels to address your concerns
Primary Grievance Officer
ThouCentric Labs Support Team can be contacted by sending an email to support@thouc-labs.ai
Escalation Officer
Mr Vidit Chopra, can be contacted by sending an email to viditchopra@thouc-labs.ai or by phone at +91-9871050481
Feedback
If You send or transmit any communications or materials to the Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Company IP or the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), the Company is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to the Company, all right, title, and interest in the Feedback, and the Company is free to use the Feedback for any purpose whatsoever, without any attribution or compensation to any party.
Suspension and Termination
The Company may suspend or disable your account on account of any of the following reasons
- - Any suspected illegal activity
- - Inactivity of Your account for extended duration
- - Request by law enforcement or any government body
- You may object or request to the suspension by sending an email to support@thouc-labs.ai within 30 days of being notified of the suspension of Your account. The Company shall have the right to terminate and permanently disable Your account after the expiry of 30 days
Sales Team Connect
You have the right to terminate your user account if the Company breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account. The Company will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that You may incur as a result of a Service Suspension. This Agreement may be terminated by the Company if there is a reasonable belief that You have been in violation of the Agreement.
Modification of the Agreement
The Company may modify this Agreement upon notice to You at any time through a service announcement or by sending email to your primary email address. If the Company makes significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing the Company notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices published by Company on the Website, pertaining to the Services, shall constitute the entire Agreement between You and Company concerning the Services and Your use of the Website and supersedes all prior and contemporaneous written or oral agreements between You and Company.
Miscellaneous
The Company will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Company operates and controls the Services from its offices in India. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Service from other locations do so on their own risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and the Company concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Contact Details
Don't hesitate to contact us if you have any questions.
-Via Email:contact@thouc-labs.ai
-Via this Address: The Hive, 4th Floor, VR Mall, The Waverly 60/2, ITPL Main Road, B. Narayanpura Mahadevpura, Bengaluru, Karnataka 560048
Get in Touch
The Hive, 4th Floor, VR Mall, The Waverly
60/2, ITPL Main Road, B. Narayanpura
Mahadevpura, Bengaluru - 560048, Karnataka, India
contact@thouc-labs.ai
+91 829-108-8306
Copyright @ 2022. Thoucentric Labs