Terms of service

Terms of Service

Synergita Engage, Synergita Perform, Synergita OKR and Synergita Surveys (together called as “Synergita Product Suite”) are owned and operated by Synergita Software Private Limited (Synergita). By using Synergita products and services you accept the Terms & Conditions provided in this document.

Definitions

  • Terms of Service is referred as ToS

  • Customer – is any user who has paid Synergita for availing the services or one who is using the free trial/free edition.

  • Active users – is any person who is a part of the Customer or one who is using the system currently.

  • Inactive users – is any person who has been an employee and has left the Customer organizations, but their data is available in the system.

Customer may access the product and services of Synergita as either an individual or on behalf of a company. If you are signing up for the Service on behalf of a company, you represent and warrant that you are duly authorized to represent the company and that you accept the terms of services on behalf of the company.

Services Provided By Synergita

Synergita provides following products/services:

  • Employee Performance Management Software in Software as a Service business model

  • OKR Software in Software as a Service business model

  • Synergita implementation and change management services

  • Synergita training services

Product Update

Synergita may update the software periodically to include enhancements in the software functionality, additional features and modules, enhancements in User interface, etc. Synergita reserves the right to revise or redesign the User Experience and User Interface features of its software from time to time at its own discretion. Synergita reserves the right to update the software unless such change materially impacts the services committed to the Customer for the term and under purchase order. Customers may purchase these new features at additional price or as governed by the terms in the subscription form.

By entering into this ToS, Customer confirm that the purchase decision is not dependent on any oral or written public comments made by Synergita regarding future functionality or features.

Data Ownership

Synergita does not own any customer data. The Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and right to use any and all customer data.

Data Security

Synergita has implemented multiple security and safety measures, including physical and technical processes, for the protection of data. This further expands on our priority to maintain confidentiality of data. Any client information held by Synergita will not be disclosed to any external parties unless compelled by law. Synergita has also implemented industry standard measures for taking customer data backup and maintain it securely in an offsite location.

Customer is not allowed to use 3rd party, unapproved software, device to alter the usability or interfere that could hamper the working/functionality of Synergita.

Service Availability

Synergita uses best effort to make Services available 24*7 except in case of planned downtime and Force Majeure. Synergita may shut down the Services to perform planned maintenance of the system or to upgrade the system. To the extent possible and reasonable, Synergita will schedule such downtime in non-business hours for majority of our Customers over weekend.

Live Status of Synergita Service can be found at – https://statuscheck.synergita.com .

Response Time for Issues

Synergita shall maintain necessary support infrastructure to adequately support the customers. Following are the average response times that Synergita will meet:

  • Major / Critical Incidents: 8 business hours;

  • Minor incidents : 24 business hours

For critical incidents, Synergita will publish and share a contact number and email address which can be used for any business critical / emergency issues.

License & Restrictions

For the term set forth below and subject to these ToS, we grant customer limited, non-transferable, non-exclusive right to access and use Synergita Suite and related documentation (Software) found on the service for your internal business use only .

Nothing contained in this ToS shall transfer or be deemed to transfer to Customer or any rights in or to the Service other than those specifically stated herein. Nothing in these ToS obligates Synergita to deliver or make available any copies of computer programs or code from the software to Customer, whether in object code or source code form.

The license granted to Customer includes basic support. Basic support refers the commercially reasonable efforts required to make the services available all the time except for:

  1. planned downtime

  2. Unavailability caused by circumstances beyond our control, including acts of government, natural calamities, internet service provider failures/delays, denial of service attacks, etc.

Subscription and Payment Terms

The service is billed on monthly, quarterly or annual basis upfront as agreed between the customer and Synergita, specified in the subscription form. In all cases, the amount billed is non-refundable.

There will be no refunds or credits for partial months of service. All the invoices must be paid within 15 days from the date of invoice. In the event Customer fails to make the payment within fifteen (15) days from the date of receipt of invoice, Synergita reserves the right to charge an interest of 12% per annum. Also, when there is a continuous delay in payment which is deemed to be material breach by the Customer, Synergita reserves the right to block the system access to the Customer if the payment does not come through before the agreed dates.

Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written notice of termination at least thirty (90) days prior to expiration of the then-current term.

Synergita reserves the right to change the subscription fee from time to time. In case of non-payment for any reason or any violation of these terms, Synergita shall be entitled – without liability – to immediately bar Customer’s access to the Service.

As the subscription is based on the count of employees, the invoice amount will be calculated by count of the active users in the system at any point of time during a month. For example, if an employee account is deactivated in the middle of a month, the account will be charged for that month. In-case of annual terms, the additional charges due to increase in the count of employees during the course of year, will be included in the next invoice. If the change in employee count is more than 3%, intermediate invoices/credit note will be raised for the remaining of the billing term.

All the charges mentioned are exclusive of taxes and any local taxes will have to be borne by customers.

Press Release and Publicity

Customer consents to the usage of their name and logo by Synergita to identify them as Customer of their service and to describe the products or services it provides to the Customer in its promotional materials, presentations, media, press releases and proposal to other current and prospective Customers.

Terms Of Termination

Terms & conditions are effective from the data of subscription and until the date of termination. Synergita Subscription requires a minimum of 1 year commitment and the subscription will get renewed automatically every year until the subscription is cancelled. Contract cannot be terminated during the first year of contract. Post that, 90 days’ notice is required for termination from either party.

Payment frequency (Annual, Quarterly and Monthly) is different from subscription contract period. Upon termination, customer data will be available for a maximum period of 60 days, during which time it can be downloaded/backed up by Customer. Upon the end of the of 60 days, the data will be automatically deleted from the server. Information once deleted, cannot be recovered. Synergita will not be responsible for the loss of data beyond the 60 days indicated. Synergita may retain the data related to billing and subscription for accounting and legal reasons. Other than the above procedure, these Terms and Conditions may be terminated immediately at any time with or without notice by either party in case of any material breach of any of the provisions of this Terms and Conditions.

Intellectual Property

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the website and application (including but not limited to, related software and including but not limited to any images, graphic, photographs, text and applets, incorporated into the software, and any copies of the software), are owned by Synergita Software Private Limited and its affiliates. The service marks and trademarks of Synergita, including without limitation the Synergita word and logo are service marks owned by Synergita Software Private Limited.

Limitation Of Liability

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR BREACH OF SECURITY WITH RESPECT TO YOUR DATA, LOSS OF BUSINESS INFORMATION AND OTHER PECUNIARY LOSS AND COSTS OR LEGAL EXPENSES) INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, ARISING FROM OR RELATED TO THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE SERVICE, OR USE THEREOF, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY CLAIM OR DAMAGES UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM OR DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING IS A REASONABLE ALLOCATION OF RISK.

Disclaimer

Synergita doesn't exercise any control over Customer internal processes in running your business and decisions related to employee management, termination, promotions, etc. Customer assumes full responsibility for all the decisions with respect to usage of services and at your own risk.Customer understands that all information provided by you, the use of our website and our application, are the sole responsibility of the person from whom such content originated. Furthermore, the website may contain links to other websites, which are completely independent of Synergita. Synergita makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content on our website and our applications, that you may not rely on said Content, and that under no circumstances will Synergita be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via our website.

You further understand and agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information that you transmit over the Internet. Synergita is not responsible for invalid destinations, transmission errors, or corruption, interception or security of Customer data. Synergita has no control over third party networks or sites that you may access in the course of use of the Website, and that delays and disruptions of other network transmissions are completely beyond the control of Synergita.

User information on the Website:

(a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(b) shall not be fraudulent or involve the sale of counterfeit or stolen items;

(c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

(d) shall not be false, inaccurate, incomplete or misleading;

(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others;

(f) shall not be obscene, contain child pornography or other pornographic or indecent material; shall not impersonate another person or allow any other person or entity to use your identification to post or view comments;

(g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service and

(h) shall not create liability for Synergita or cause Synergita to lose (in whole or in part) the services of its ISPs or other partners.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED AS IT IS WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE, PERFORMANCE AND RESULTS OF THE SERVICE RESIDES WITH YOU AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY HARMFUL DATA OR CODE UPLOADED TO THE SERVICE BY YOU, YOUR EMPLOYEES OR CONTRACTORS. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE IS ERROR-FREE OR THAT IT WILL BE UNINTERRUPTED.

Notices

All notices and other communications under this Terms and Conditions must be in writing, and must be mailed by registered or certified mail or email to Synergita Software Private Limited at the address provided on the Website. Notice will be deemed to be served 24 hours after dispatch in case of an email and 4 days after dispatch in case of registered or certified mail.

Governing Laws And Disputes

The Customer and Synergita agree that the substantive laws of the Republic of India, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Terms and Conditions. The Customer and Synergita consent to the exclusive personal jurisdiction of and venue in a court located in Chennai, State of Tamil Nadu, India, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this Terms and Conditions or to the Site.

Miscellaneous Provisions

Severability If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Confidential Information - Customer agree to keep confidential any and all, business and technical information furnished by Synergita to them in the Site, to prevent disclosure, publication or dissemination and shall not use it for any purpose other than for the working of the Site.Entire Agreement This Terms and Conditions, including all Attachments hereto constitutes the entire agreement between the Customer and Synergita with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.Assignment Neither of the Parties hereto shall be entitled to assign any of their rights, powers, obligations and/or duties hereunder without the prior written consent of the other Party.No Agency No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Terms and Conditions.Language All notices given under this Terms and Conditions shall be in English. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as definitive and authoritative.

Survival The Clauses of this Terms and Conditions, which by nature are intended to survive termination of this Terms and Conditions shall remain in effect after such termination.For any questions or comments regarding these Terms and Conditions, please contact us at support@synergita.com

Last updated on 6th July 2022.