Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (the "Customer", "you", or "your") and SarasNova Insights Private Limited, a company incorporated under the laws of India ("SarasNova", "Company", "we", "us", or "our"), concerning your access to and use of our AI-powered financial planning and analysis software and services (the "Service" or "Software") available on www.sarasnova.com.

By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Data Processing Agreement. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately. For questions, please contact us.

2. Registration, User Account, Password and Security

2.1 Account Creation

In order to use the Service, including our budgeting and forecasting or cash management services, you must create an account and provide truthful, accurate, and current information required for SarasNova to provide the Service. You must maintain and update the data provided upon registration so that it remains at all times accurate, current, and complete.

2.2 User Responsibilities

You acknowledge and agree that:

• You will not exceed the aggregate number of authorized users designated in your subscription plan, unless you first notify SarasNova in writing and pay the required additional subscription fees
• The login details for each user may only be used by that user, and multiple people may not share the same login details
• You will keep, and ensure that all users keep, all account login details and passwords secure at all times
• You remain solely responsible and liable for all activity that occurs in connection with your account
• You will promptly notify SarasNova in writing if you become aware of any unauthorized access or use of your account or the Service

2.3 Account Security

You are fully and solely responsible for any and all activities that occur through your account. You must ensure that all users comply with the terms and conditions of these Terms of Service. You will be solely liable for any violation of the Terms of Service by any user.

3. License to the Service

3.1 Subscription License

Subject to your compliance with these Terms of Service and payment of the applicable fees, SarasNova hereby grants you and each of your authorized users a worldwide, non-exclusive, non-transferable, non-sublicensable, and fully revocable right to access and use the Service, including our business valuation and other services, during the subscription term for your internal business purposes only. Your subscription to the Service is limited to the number of users designated in your subscription plan.

3.2 Restrictions on Use

You must not, and shall not allow any other third party (including any permitted user) to:

• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Allow any third party not authorized by SarasNova to use the Service
• Use the Service to process data on behalf of any third party without authorization
• Give, sell, rent, lease, timeshare, outsource, sublicense, disclose, publish, assign, market, resell, transfer, or distribute any portion of the Service to any third party
• Reverse engineer, decompile, or disassemble the Service or any components thereof, except to the extent such acts are required to be permitted by applicable law
• Disclose or publish the results of any benchmark tests run on the Service
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose
• Interfere or attempt to interfere with the integrity or proper working of the Service
• Modify, translate, patch, alter, change, or create any derivative works of the Service
• Remove, deface, obscure, or alter SarasNova's or any third party's copyright notices, trademarks, or other proprietary rights
• Use the Service in any unlawful manner or in breach of these Terms of Service
• Develop any other product or service containing any of the concepts and ideas contained in the Service or use the Service for the purpose of building a similar or competitive product

3.3 Maintenance and Support

SarasNova will provide to you support and maintenance services with respect to the Service in accordance with our Service Level Agreement, which may be updated from time to time.

4. Customer Content

4.1 Content License

You and your users may choose to provide, post, input, submit, or otherwise make accessible to SarasNova, data or information about you, your employees, customers, or any third party (the "Content") when using our data consolidation or other services. You hereby grant SarasNova and its service providers, agents, sub-contractors, and representatives a royalty-free, irrevocable, non-exclusive right to use, process, upload, display, copy, distribute copies of, perform, transform, and store Content, only for the purposes of providing the Service.

4.2 Analytics Information

SarasNova may collect, disclose, publish, and use anonymous information which is derived from the Service and/or the Content (i.e., non-identifiable information, aggregated and analytics information) ("Analytics Information"), to provide and improve the Service, its products, and for any other legitimate business purpose. SarasNova shall remain the sole owner of the Analytics Information.

4.3 Content Warranties

You represent and warrant that:

• You own all Content or have all rights that are necessary to grant SarasNova the licensed rights in Content under these Terms of Service
• Your collection of Content has been and will be in compliance with all applicable laws and regulations, including those concerning data or information privacy
• Neither the Content, nor the inclusion of it in or use in connection with the Service, will infringe, misappropriate, or violate any Intellectual Property Rights, or violate the privacy rights of any third party, or result in the violation of any applicable law or regulation

5. Intellectual Property Rights

The Service, including all content, features, functionality, and technology contained therein, such as our machine learning solutions and financial planning and analysis tools, is owned by SarasNova, its licensors, or other providers of such material and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Except as expressly set forth in these Terms, no right, title, or interest in or to the Service is transferred to you, and all rights not expressly granted are reserved by SarasNova.

6. Fees and Payment

6.1 Subscription Fees

You agree to pay all fees associated with your subscription to the Service ("Fees") as set forth in your subscription plan or order form. Fees are payable in advance on a monthly or annual basis, as specified in your subscription plan.

6.2 Payment Terms

All Fees are non-refundable except as required by law or as otherwise specified in these Terms. If payment is not received by the due date, SarasNova may suspend or terminate your access to the Service.

6.3 Price Changes

SarasNova reserves the right to change its Fees at any time. We will provide you with at least 30 days' notice of any fee changes. Your continued use of the Service after the effective date of the fee change constitutes your acceptance of the new Fees.

7. Term and Termination

7.1 Term

These Terms shall commence on the date you first access or use the Service and shall continue until terminated in accordance with these Terms.

7.2 Termination by You

You may terminate your account and subscription at any time by providing written notice to SarasNova or through your account settings.

7.3 Termination by SarasNova

SarasNova may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service.

7.4 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Warranties and Disclaimers

8.1 Service Warranty

SarasNova warrants that the Service will perform substantially in accordance with its documentation under normal use conditions.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SARASNOVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, OR OTHER INTANGIBLE LOSSES), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE PROVIDED TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SARASNOVA'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS ACTUALLY RECEIVED BY SARASNOVA FROM YOU FOR THE SERVICE PROVIDED TO YOU DURING THE TWELVE (12) MONTHS PRECEDING THE CIRCUMSTANCES FIRST GIVING RISE TO THE CLAIM OF LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless SarasNova, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service.

11. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms of Service shall be subject to the exclusive jurisdiction of the competent courts located in Kolkata, India.

The parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit either party from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.

12. General Provisions

12.1 Entire Agreement

These Terms of Service represent the complete agreement concerning the Service between you and SarasNova and supersede all prior agreements and representations related to the subject matter hereof.

12.2 Modifications

SarasNova reserves the right at any time to modify these Terms of Service. Any such modification will be effective immediately upon posting the amended Terms of Service on our website or by sending an electronic mail to you or by notification in the Service. Your continued use of the Service after the effective date of any such modification will be deemed acceptance of such modified Terms of Service. For more information about our services, visit our services page.

12.3 Assignment

These Terms of Service and any rights granted hereunder may not be transferred or assigned by either party without the other party's prior written consent; provided, however, that each party may assign these Terms of Service in whole or in part to its affiliate or to a successor in connection with a merger, consolidation, or acquisition of all or substantially all of the assigning party's assets.

12.4 Severability

If any provision is held to be unenforceable, these Terms of Service shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future.

12.5 Notices

Notices and all other communications provided for in these Terms of Service shall be in writing and shall be deemed to have been duly given when personally delivered or sent by email (to info@sarasnova.com if to SarasNova, and to the email provided by you in your account if to you), provided that the recipient confirmed the receipt of such notice.

13. Contact Us

If you have any questions about these Terms of Service, please contact us: