Terms of Services

General

Welcome to Fragmatic`'`s Terms of Service.

Fragmatic Technologies (hereinafter, `"`Fragmatic,`"` `"`we,`"` `"`us,`"` or `"`our`"`) offers a web personalization Software-as-a-Service (SaaS) platform designed for B2B businesses. By accessing or using Fragmatic`'`s services, including our website and software (collectively, the `"`Service`"`), you agree to these Terms of Service (`"`Terms`"`) as a legally binding agreement between you and Fragmatic. These Terms also include our Privacy Policy and any other policies referenced herein.

These Terms are an electronic record in accordance with the Information Technology (Intermediaries guidelines) Rules, 2011, and do not require physical or digital signatures. Please read these Terms carefully before using our Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Registration

To access and use Fragmatic`'`s services, you may need to create an account. Registration may require providing basic information, and you agree to keep your account details accurate and up-to-date. You are responsible for maintaining the confidentiality of your account and are liable for all activities conducted through your account.

Eligibility

By using Fragmatic`'`s Service, you affirm that you are legally eligible to enter into a binding contract and comply with these Terms. Individuals under the age of 18 or `"`incompetent to contract`"` as per applicable laws are not permitted to use Fragmatic`'`s Service.

License and Access

Fragmatic grants you a limited, non-exclusive, non-transferable license to access and use our Service. This license does not permit you to modify, reproduce, distribute, or resell our software or any part of it. Unauthorized use of the Service, including data mining, robots, or similar tools, is prohibited.

User Obligations

As a user of Fragmatic, you agree to:

• Not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information or software obtained from the Software without prior permission. Limited use may be allowed with our explicit consent. However, unlimited or wholesale reproduction, copying of content for commercial or non-commercial purposes, or unwarranted modification of data within the Software`'`s content is strictly prohibited.
• Not to access the Software or its materials or Services by any means other than through the interface provided. You agree not to use deep-links, robots, spiders, or similar automatic devices, programs, or methodologies to access, acquire, copy, or monitor any portion of the Software or Content. You may not circumvent the navigational structure or presentation of the Software to obtain or attempt to obtain materials or information through unauthorized means. By using the Software, you may encounter content from other users that you may find offensive; in such cases, you may report the content.c. When posting or uploading data/information on the Software, you must ensure that the material is not offensive and complies with applicable laws.
  You also agree:
• Not to abuse, harass, threaten, defame, or violate the legal rights of others.
• Not to engage in any activity that disrupts access to the Software or its Services.
• Not to impersonate any person or entity or misrepresent your affiliation with any entity.
• Not to publish, post, or disseminate grossly harmful, harassing, defamatory, obscene, pornographic, or otherwise objectionable content.
• Not to post any files that infringe on the copyright, patent, or trademark of other legal entities.
• Not to upload or distribute files containing viruses, corrupted files, or similar software that may damage the operation of the Software.
• Not to download any files posted by another user that you know, or reasonably should know, cannot be legally distributed.
• Not to probe, scan, or test the vulnerability of the Software or any network connected to it, or breach its security measures.
• Not to disrupt or interfere with the security of the Software, system resources, accounts, passwords, servers, or networks connected to the Software.
• Not to use the Software or its content for any unlawful or prohibited purpose.
• Not to violate any code of conduct or guidelines applicable to any particular Service.
• Not to violate any applicable laws or regulations within or outside your jurisdiction.
• Not to threaten the unity, integrity, defense, security, or sovereignty of any nation.
• Not to publish false, inaccurate, or misleading information.
• Not to offer, attempt to offer, trade, or attempt to trade in any item prohibited or restricted under applicable laws or regulations.
• Not to create liability for Fragmatic or cause it to lose the services of its internet service providers or other suppliers.
• You shall not engage in advertising, solicitation, or transmission of chain letters or unsolicited commercial or junk email to other users via the Software. It is a violation of these Terms to use information obtained from the Software to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person without Fragmatic`'`s explicit consent.
• Fragmatic reserves the right to disclose any information about you to law enforcement or government officials if necessary, in its sole discretion, to investigate and/or resolve possible crimes or violations of these Terms. We may restrict the number of messages or emails you can send to other users and have the right to remove or edit any content that violates these Terms.
• Fragmatic has no obligation to monitor materials posted on the Software but reserves the right to remove or edit any content that violates applicable laws or these Terms. Fragmatic assumes no responsibility or liability for any Content posted by users or for any claims, damages, or losses resulting from the use of such Content on the Software.
• You represent and warrant that you have all necessary rights to any content you provide, and such content shall not infringe on any proprietary or other rights of third parties or contain any unlawful information.
• By using Fragmatic`'`s Software, you agree to abide by these User Obligations. Failure to comply may result in the suspension or termination of your account and access to the Service. If you have any questions or concerns about these User Obligations, please contact us at [email protected]

Fees, Invoicing, and Payment

Fees

• Fees are determined by the Services subscriptions purchased, not the actual usage of the Service.
• Payment obligations are binding, and fees paid are non-refundable, even in the case of a downgrade of subscription under an active Order Form.
• All applicable taxes, duties, or government levies are additional to the fees and expenses specified under the Order Form. Users are responsible for timely payment of such taxes, duties, or government levies.

Invoicing and Payment Arrangements

Fragmatic will provide an electronic invoice to the Customer for payment, which can be viewed and printed from the Customer`'`s Account. Invoicing will occur upon execution of this Agreement at the fee specified in the Order Form on the specified date. Recurring fees will be billed as per the agreed frequency in the Order Form. Refunds or adjustments for plan downgrades, upgrades, or elimination of plan features within the current billing period will not be issued. Invoices/payments are considered final and accepted by the Customer unless disputed or clarification is sought before subscribing to the Service.

Payment by Credit Card/Wire Transfer/Cheque

Customers paying by credit card must ensure their contact, credit card (if applicable), and billing information is current and updated on the Dashboard. Fragmatic is authorized to charge the Customer`'`s credit card or bank account for all fees payable at the beginning of the Term and subsequent billing periods, including upgrades. Fragmatic may use third parties for payment processing and invoicing, with the Customer`'`s consent to disclose payment information to such third parties.

Intellectual Property

Fragmatic retains all rights to the intellectual property associated with the Service, including trademarks, logos, and software. You may not use Fragmatic`'`s intellectual property without explicit permission.

Disclaimer of Warranties

Fragmatic provides the Service `"`as is`"` and does not make any warranties regarding its accuracy, reliability, or suitability for your specific needs. We do not guarantee uninterrupted, secure, or error-free operation of the Service.

Limitation of Liability

In no event shall Fragmatic be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the amount you paid to us for the Service.

Termination

You may terminate your account with Fragmatic at any time by following the specified procedures. We reserve the right to suspend or terminate your account for violations of these Terms or for any other reason deemed appropriate.

Governing Law and Dispute Resolution

These Terms are governed by the laws of India without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved through arbitration in accordance with the rules of Delhi International Arbitration Centre (Arbitration Proceedings) Rules, 2023 (“DIAC Rules”) to be held in New Delhi, India

Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Fragmatic regarding the Service and supersede any prior agreements or understandings.

Waiver: The failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Updates: Fragmatic reserves the right to update or modify these Terms at any time, and such changes will be effective upon posting on our website.

By using Fragmatic`'`s Service, you agree to these Terms and any updates or modifications made by Fragmatic. If you have any questions or concerns about these Terms, please contact us at [email protected]

Thank you for using Fragmatic`'`s web personalization Service.

Fragmatic Technologies

M-66C, Adani Samsara, Sector-60 Gurgaon Sadar Bazar Gurgaon

Haryana, India

This Terms of Service document is a legally binding agreement between Fragmatic Technologies and users of its web personalization Software-as-a-Service (SaaS) platform. It outlines user obligations, intellectual property rights, limitations of liability, and more. It is designed to protect both Fragmatic and its users while providing clear guidelines for using the Service.