General Terms of Service

These General Terms of Service (“Terms”) are a binding agreement between You and Immensitas Pvt. Ltd. and its subsidiaries and affiliates (“Lemnisk” or “We”). These Terms govern your use of the apps/sites that link to these Terms. In these Terms, “Site/s” or “App/s” refers to each of the apps/sites and the services offered on those Sites or Apps. You automatically agree to these Terms and to our Privacy Policy and related conditions simply by using or logging into the Sites or Apps. We offer many services and Your use of Lemnisk products or services are provided by Lemnisk pursuant to a separate agreement. These additional terms become part of your agreement with us if you use the services or use or log into the Sites or Apps. Using or accessing the Sites or Apps or availing any products or services by You without an appropriate agreement with Lemnisk is void and not acceptable.

  1. You may be required to create an account and specify a password in order to use certain services or features on the Sites or Apps. To create an account, you automatically give all lawful consents and you must provide truthful and accurate information about yourself. If your information changes at any time, please update your account to reflect those changes. In some cases, an account may be assigned to you by an administrator, such as your employer or institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites or Apps. Moreover, your administrator may be able to access or disable your account without our involvement. You may not share your account with anyone else. Please keep your password confidential. If you believe that your account has been compromised at any time, please notify your system administrator.

  2. You are solely responsible for maintaining the confidentiality of your username and password, and are entirely responsible for any and all activities under your account. You agree to notify Lemnisk immediately of any unauthorized use or any other breach of security involving your username and password or account. Lemnisk will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER CONTENT PUBLICLY AVAILABLE ON OR THROUGH THE SITES OR APPS, YOU DO SO AT YOUR OWN RISK.

  3. We reserve the right to modify our Sites or Apps at any time, with or without notice to you. We may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites or Apps at any time.

    4. We are not granting any license or subscription whatsoever under these Terms. Lemnisk owns all rights including but not limited to ownership rights in the Sites or Apps. Lemnisk may at its sole discretion revoke or block your access or authorization to the Sites or Apps at any time.

  4. We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites or Apps. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission. You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our services. Please note that this license continues even if you stop using our Sites or Apps. You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post. If you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

    5. Services may include data transfer (in both real-time and batch mode) and logging of data such as synchronization failures etc. You grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to use, transfer, log, etc. the data for the purpose of the Lemnisk products and services.

    You will manage and collect the applicable consents from the users and persons required for the purpose of the Lemnisk products and services. Lemnisk will abide by the instructions and related consents passed on by You. You are the data controller and You have to perform all actions and responsibilities applicable to a data controller including but not limited to collecting and managing all applicable consents.

  5. If the Lemnisk services or Apps involve MSD365 then the scope will include the following:

    6. The services, App and results will involve smooth data transfer between MSD365 and Lemnisk. For this purpose, Lemnisk will give its API URL, API key and API Passkey. Lemnisk will ensure that the synchronization of the selected entities from MSD365 to Lemnisk is performing as per requirement. Lemnisk will own and maintain the App development, future releases, bug fixes etc. You will do the app configuration such as synchronization of specific entities, enabling and disabling specific features of the app, etc.

    The services and App will involve Lemnisk receiving the data which MSD365 will be sending to Lemnisk. Lemnisk is a data processor and You are the data controller and You have to perform all actions and responsibilities applicable to a data controller including but not limited to collecting and managing all applicable consents.

    Any usage of the App without an appropriate agreement with Lemnisk and acceptance of these Terms is void and not acceptable use. These Terms will apply as long as You are a customer of Lemnisk and are authorized to use the App by Lemnisk.

  6. We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we will not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

  7. Please do not use the Sites or Apps in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or Apps or any features on the Sites or Apps. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites or Apps, and take appropriate legal actions. Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites or Apps unless you obtain permission from us or its owner, or unless you are otherwise permitted by law. When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site or Apps. We may communicate with you by email or by posting notices on the Site or Apps. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy and related documents.

  8. If you believe any Content on the services infringes your copyrights, you may request that remove the Content from the services (or disable access to that Content).

  9. The service may include features that operate in conjunction with certain third party sites/apps that you visit (“Network Features”). While your use of the Network Features is governed by these Terms, your access and use of third party sites and the services provided through the services is governed by the other terms of service and other agreements posted on those sites. You are responsible for ensuring that your use of those sites complies with any other applicable terms of service or other agreements.

  10. NEITHER LEMNISK NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES OR APPS. WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES OR APPS, THE SPECIFIC FUNCTION OF THE SITES OR APPS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES AND APPS “AS IS”. WE EXCLUDE ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  11. THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES AND APPS. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

  12. We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site or Apps after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites or Apps. The Sites or Apps may contain links to third-party sites/apps. That doesn’t mean that we control or endorse those sites/apps, or any goods or services sold on those sites/apps. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future). These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the services resides in the courts located in Bengaluru, India, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision. These Terms were last updated on 6 October 2023. Lemnisk reserves the right at its sole discretion to update these Terms on a regular basis.

 
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