Terms of Service

This is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and Culturro Technologies Pvt Ltd (hereinafter “Culturro”, us, we, our), having its registered office at 833, Sector 46, Gurgaon, Haryana – 122001”), governing your use of Agnya platform (consisting all products offered by Culturro).

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to the use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You may accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services. You also accept these terms when you sign a contract with Culturro for the use of the Agnya platform.

Description of Service

We provide an array of products and services for Culture Assessment and Culture Transformation (“Service” or “Services”). You may use the Services for your organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Subscription to Pilot Service

We may offer certain Services as closed or open pilot services (“Pilot Service” or “Pilot Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Pilot Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Pilot Services as commercial services. You will be under no obligation to acquire a subscription following the use of Pilot Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Pilot Services with or without notice to you. You agree that Culturro will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Pilot Services for any reason.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms 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 Culturro notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with the 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 Terms will be deemed to be your agreement to the modified Terms.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for your organization, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, you must use your corporate email address. You agree to a) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Culturro has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Culturro may terminate your user account and refuse current or future use of any or all of the Services.

Organization Accounts and Administrators

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such a third party has assumed an administrator role for your organization. Make sure that you enter into a suitable agreement with such a third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for

  1. ensuring the confidentiality of your organization account password,
  2. appointing competent individuals as administrators for managing your organization account, and
  3. ensuring that all activities that occur in connection with your organization account comply with this Agreement.

You understand that Culturro is not responsible for account administration and internal management of the Services for you.
You are responsible for taking the necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to agnya@culturro.com. In the absence of any specified administrator account recovery process, Culturro may provide control of an administrator account to an individual providing proof satisfactory to Culturro demonstrating authorization to act on behalf of your organization. You agree not to hold Culturro liable for the consequences of any action taken by Culturro in good faith in this regard.

Personal Information and Privacy

The personal information you provide to Culturro through the Service is governed by Agnya Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Agnya Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to agnya@culturro.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Communications from Culturro

The Service may include certain communications from Culturro, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt out from receiving service announcements and administrative messages.

Use of your logo for marketing

With the use of Culturro’s services, you give your consent to Culturro to use your company’s logo on its website or other marketing collateral.

Complaints

If we receive a complaint from any person against you (your organization) with respect to your activities as part of the use of the Services, we will forward the complaint to the primary email address (primary contact person) of your organization. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy it to us in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to the disclosure of your name and contact information by Culturro to the complainant.

Fees and Payments

The Services are available under subscription plans of various durations. Payments for subscription plans are payable against the invoices raised by Culturro. All payments are to be made within 7 days of the invoice date. Culturro raises the invoices at the start of every subscription month for continued usage during the upcoming month. Your subscription will be automatically renewed at the end of each subscription period unless you do not wish to renew the subscription. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current monthly billing cycle.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:

  1. transfer the Services or otherwise make it available to any third party;
  2. provide any service based on the Services without prior written permission;
  3. use the third party links to sites without agreeing to their website terms & conditions;
  4. post links to third party sites or uses their logo, company name, etc. without their prior written permission;
  5. publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
  6. use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Culturro;
  7. violate any applicable local, state, national or international law; and
  8. create a false identity to mislead any person as to the identity or origin of any communication.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Sample files and Applications

Culturro may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Culturro makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.

Copyrights and Trademark

Culturro, Culturro logo, Agnya logo, Culture Times logo, trademarked term Workplace Experience®, the names of individual Services and their logos are trademarks of Culturro Technologies Pvt Ltd. You agree not to display or use, in any manner, the Culturro trademarks, without Culturro’s prior permission.
Website and the content available on the Website (“Culturro Content”), including all associated intellectual property rights, are the exclusive property of Culturro and/or its licensors or authorizing third parties. You agree to not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website. All trademarks, service marks, logos, trade names, and any other source identifiers of Culturro used on or in connection with the Website and Culturro Content are trademarks or registered trademarks of Culturro.

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. Culturro 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. Culturro 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 Culturro, its employees, or representatives shall create any warranty not expressly stated in the terms.

Limitation of Liability

You agree that Culturro 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, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Culturro has been advised of the possibility of such damage. In no event shall Culturro’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnification

You agree to indemnify and hold harmless Culturro, 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 Terms, or any other claim related to your use of the Services, except where such use is authorized by Culturro.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by arbitration. The Arbitration shall be carried out under the Arbitration and Conciliation Act, 1996 (as applicable in India and as amended from time to time). The location for arbitration shall only be limited to New Delhi, India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You and Culturro each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:

  1. Any claim related to actual or threatened infringement, misappropriation, or violation of Culturro’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
  2. Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Notwithstanding anything to the contrary, Culturro may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to agnya@culturro.com. within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account at your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Pilot Service in case of unexpected technical issues or discontinuation of the Pilot Service. You have the right to terminate your user account if Culturro breaches its obligations under these Terms 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.
If you have any questions or concerns regarding this Agreement, please contact us at agnya@culturro.com.