Terms of Use

Version 3.2, 1st November 2018

Introduction

The following terms and conditions will be deemed to have been accepted by the User on usage of the website www.ERPNext.com . You are requested to read them carefully before You use the services of this site.

The term User shall refer to the user who is browsing the site (interchangeably used with ‘You’). The term FRAPPE shall refer to FRAPPE Technologies Pvt. Ltd. The term Site refers to www.ERPNext.com owned and monitored by FRAPPE Technologies Pvt. Ltd. By using the Site, You agree to follow and be bound by the following terms and conditions concerning your use of the Site. If You are agreeing to use the services on behalf of your company or organization, You agree that You represent the organization and have the authority to accept this agreement on behalf of your organization. FRAPPE may revise the Terms of Use at any time without notice to You. Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

The software for ERPNext.Com which is a published property of Frappe Technologies P Limited is available under the GNU/GPL licenses and others as specified in the source code. The Services offered by FRAPPE are hosting and support services. The software, whether it is developed by FRAPPE or by third parties is available to You under Open Source Licenses (as specified in the software code) and is not covered in the Services offered by us, however may still be subject to certain terms of use specified here.

The services will be available to You via the internet browser (specific browsers versions as applicable) and You will need an internet connection to access our services.

Right to Terminate Access

FRAPPE may terminate User’s access at any time for any reason. The provisions regarding to disclaimer of warranty, accuracy of information, and indemnification shall survive such termination. FRAPPE may monitor access to the Site. In case of termination during the subsistence of a subscription period, FRAPPE shall consider refunds, if any on a case to case basis provided the User has adhered to all terms and conditions specified by FRAPPE at the time of purchase. If You have not purchased our services after a specified period, then we have a right to terminate access. We will hold your data for a period of 30 days post termination of access on expiry of subscription of for any reason whatsoever, during which time it may be available for You to download. After this period, we do not guarantee making your data available and bear no responsibility if such data could be lost.

Intellectual Property Rights

All content present on this site is the exclusive property of FRAPPE. The software, text, images, graphics, video and audio used on this site belong to FRAPPE. No material from this site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from FRAPPE. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. ERPNext is a registered trademark of FRAPPE Technologies PVT. LTD. This trademark may not be used in any manner without prior written consent from FRAPPE Technologies PVT. LTD. The Site, and all content, materials, information, software, products and services provided on the Site, are provided on an “as is” and “as available” basis. FRAPPE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Changes to Website or to the Agreement

FRAPPE may change or discontinue any aspect of its web site at any time, including, its content or features. FRAPPE reserves the right to change the terms and conditions applicable to use of the Site. Such changes shall be effective immediately upon notice, which shall be placed on the Site. We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. This Site is currently accessible to users without charge, however, we reserve the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by FRAPPE at any time with or without prior notice. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.

Limitation of Damages:

FRAPPE and its directors, officers and employees shall not be liable for any direct, indirect, special, incidental, exemplary or consequential damages (including damages for loss of business, loss of profits, litigation or the like) arising out of (a) the use of the site, (b) the content on the site, (c) web sites linked to this site and the content, goods and/or services provided therein (d) any decision made or action taken by You in reliance upon the information within, or content of, the site, and/or (e) the inability to use the site and content contained therein (including, but not necessarily limited to, loss of profits, goodwill or savings, downtime, damage to or replacement of programs and data), whether based in contract or tort (including negligence), product liability or otherwise (but excluding claims arising out of personal injury or death) even if advised of the possibility of such damages. FRAPPE cannot and does not guarantee continuous, uninterrupted or secure access to the site. The provisions of this paragraph will survive any termination of this agreement. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to You.

Indemnity

You agree to indemnify, defend and hold FRAPPE harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any misuse by the User of the content and services provided on the Site. The information contained in the Site has been obtained from sources believed to be reliable. FRAPPE disclaims all warranties as to the accuracy, completeness or adequacy of such information.

Disclaimer of Warranty

FRAPPE makes no warranty that: (a) the Site will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable. FRAPPE does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, statements or products made available on the Site.

User Privacy

You are responsible for complying with the laws of the jurisdiction from which You are accessing this site and You agree that You will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by You through this site shall be deemed non-confidential and non-proprietary. You represent that You have the lawful right to submit such information and agree that You will not submit any information unless You are legally entitled to do so. Because of the open nature of the Internet, we recommend that You not submit information You consider confidential.

The User’s right to privacy is of paramount importance to FRAPPE. Any information provided by the User will not be shared with any third party unless identified as such elsewhere. FRAPPE reserves the right to use the information to provide the User a more personalized online experience. On-line information collected and certain other information about You is subject to our Privacy Policy. For more information, please see our full privacy policy.

We host your data at international data centres and the service levels offered by them will be applicable to You. We will reasonably put all effort to ensure that the servers managed by us are up and running 24x7.

The Site may provide links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that FRAPPE is not responsible for the availability of, and content provided on, third party web sites. The User is requested to peruse the policies posted by other web sites regarding privacy and other topics before use. FRAPPE is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content. FRAPPE is not responsible for any loss or damage of any sort User may incur from dealing with any third party This Terms of Use constitutes the entire agreement between You and FRAPPE with respect to the Site. FRAPPE maintains this site in India with some information stored in servers located outside India and You agree with these terms of use. The foregoing is subject to the laws of the Republic of India and the courts in Mumbai, India shall have the exclusive jurisdiction on any dispute that may arise out of the use of this site.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FRAPPE WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND FRAPPE RELATING TO YOUR USE OF THE SITE. If You have any questions or comments about our Terms of Use, You can contact us at support@erpnext.com.


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