Terms of Service

MODIRA ONLINE SERVICE

Thank you for selecting the Services offered by Totsol Technologies Pvt. Ltd.. and/or its subsidiaries and affiliates (referred to as "Totsol", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Totsol. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

A. GENERAL TERMS  

1. AGREEMENT 

This Agreement describes the terms governing your use of the Totsol online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:

• Totsol's Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
• Additional Terms and Conditions, which may include those from third parties.
• Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.

2. YOUR RIGHTS TO USE THE SERVICES 

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Totsol. Totsol reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Totsol grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

• Provide access to or give any part of the Services to any unauthorized third party.
• Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
• Make the Services available on any file-sharing or application hosting service.

3. PAYMENT. 

For Services offered on a payment or subscription basis, the following terms apply, unless Totsol or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

a.    Payments will be billed to you by Totsol and/or its vendor(s) in Indian Rupee (INR), or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

b.    You must pay with one of the following:

1.    A valid credit card acceptable to Totsol and/or its vendor(s);
2.    A valid debit card acceptable to Totsol and/or its vendor(s); 
3.    In countries where accepted by Totsol, sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
or
4.    By another payment option Totsol and/or its vendor(s) provides to you in writing.

c.    If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

d.    If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, Totsol and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

e.    Totsol and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.

f.    Additional cancellation or renewal terms may be provided to you on the website for the Services.

g.    All authorized refunds will be made in the original form of payment to Totsol or its vendor(s).  

4.  USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device using Internet access and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.   

Totsol MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:  

(i)    THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES  AT ANY TIME OR FROM ANY LOCATION;

(ii)    ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

(iii)    ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. 

5. YOUR PERSONAL INFORMATION. 

You can view Totsol’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Totsol Privacy Statement, and any changes published by Totsol. You agree that Totsol may use and maintain your data according to the Totsol Privacy Statement, as part of the Services. You give Totsol permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Totsol services. For example, this means that Totsol may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. Totsol is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

6. CONTENT 

6.1 You are responsible for your content. You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. Archive your Content frequently. You grant Totsol a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Totsol is not responsible for the Content or data you submit through the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
c. Except as permitted by Totsol in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Totsol does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Totsol is not responsible.

6.3 Totsol may freely use feedback you provide. You agree that Totsol may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Totsol a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Totsol in any way.

6.4 Totsol may monitor your Content. Totsol may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Totsol or its customers, or operate the Services properly. Totsol, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7. ADDITIONAL TERMS

7.1 Totsol does not give professional advice. Unless specifically included with the Services, Totsol is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 We may tell you about other Totsol services. You may be offered other services, products, or promotions by Totsol ("Totsol Services"). Additional terms and conditions and fees may apply. With some Totsol Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.  You grant Totsol permission to use information about your business and experience to help us to provide the Totsol Services to you and to enhance the Services. You grant Totsol permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Totsol permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

7.3 Communications. Totsol may be required by law to send you communications about the Services or Third Party Products. You agree that Totsol may send these communications to you via email or by posting them on our websites.

7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Totsol if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8. DISCLAIMER OF WARRANTIES

8.1 Your use of the services and content is entirely at your own risk. except as described in this agreement, the services are provided "as is." to the maximum extent permitted by applicable law, Totsol, its affiliates, and its third party providers, licensors, distributors or suppliers (collectively, "suppliers") disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the services. Totsol and its affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the services, whichever is sooner.

8.2 Totsol, its affiliates and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations.

You are solely responsible for ensuring that your use of the services is in accordance with applicable law. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of England and Wales and for the avoidance of doubt Totsol does not exclude liability for: (i) death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents; (ii) fraud or fraudulent misrepresentation; (iii) any other liability which cannot be lawfully excluded by contractual agreement of the parties.

9. LIMITATION OF LIABILITY AND INDEMNITY.

To the maximum extent permitted by applicable law, the entire liability of Totsol, its affiliates and suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. Subject to applicable law, Totsol, its affiliates and suppliers are not liable for any of the following: (a) indirect, special, incidental, punitive or consequential damages; (b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet Totsol systems requirements. The above limitations apply even if Totsol and its affiliates and suppliers have been advised of the possibility of such damages. this agreement sets forth the entire liability of Totsol, its affiliates and your exclusive remedy with respect to the services and its use.

You agree to indemnify and hold Totsol and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Totsol reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Totsol in the defense of any Claims.

10. CHANGES. 

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

11. TERMINATION. 

Totsol may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Totsol's rights to any payments due to it. Totsol may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

12. EXPORT RESTRICTIONS. 

You acknowledge that the Services, including the mobile application, and the underlying software may include Indian technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

13. GOVERNING LAW AND JURISDICTION.  

This Agreement will be governed by the laws of England and Wales, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Totsol’s or its Suppliers’ intellectual property rights may cause Totsol irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Totsol shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Totsol’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales and you agree that you will procure that any third party making a claim against Totsol arising out of this Agreement shall bring such claim exclusively in the English courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.

Totsol does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries.  Totsol prohibits accessing content from within countries or states where such content is illegal.  You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

14.  LANGUAGE.

Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.

15. GENERAL. 

This Agreement, including the Additional Terms below, is the entire agreement between you and Totsol and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Totsol. However, Totsol may assign or transfer it without your consent to

(a) an affiliate,

(b) a company through a sale of assets by Totsol or

(c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Totsol via an email to: modira@totsol.info.
 

B.  ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES

Your use of the Services provided by Totsol are subject to the general Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below.  To the extent of any conflict or inconsistency with the general Terms of Service above, these Additional Terms and Conditions shall prevail.

MODIRA Online Supplemental Agreement and Terms of Service
 

Thank you for selecting MODIRA Online ("BB Online Service"). This licence agreement in addition to the Totsol Terms of Service (the "Agreement") is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up process ("User", "you"), and Totsol Technologies Pvt. Ltd.. and/or its subsidiaries and affiliates ("Totsol," "we", "our" or "us").

By selecting “ACCEPT,” You indicate that you have read and understood, and assent to be bound by, the terms of this Agreement. If the person selecting “ACCEPT” is an individual working for you (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of you and represents and warrants to Totsol that he/she has full power and authority to enter into this Agreement on your behalf.

If you do not agree to the terms of the Agreement, you are not granted any rights whatsoever in the Services. If you are not willing to be bound by these terms and conditions, you should not select “ACCEPT,” and may not access or otherwise use the BB Online Services.

1.    SUBSCRIPTION.

The BB Online Service is licenced on a monthly or yearly subscription basis, as selected by you or your agent.

a.    Additional Payment Terms.

1.    Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by Totsol Ltd. on behalf of Totsol Singapore Pvt. Ltd. or by Totsol Singapore Pvt. Ltd., depending on the type of payment method used for the purchase of the goods and/or services.

2.    In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and Totsol Ltd. For any other type of purchases, these terms are an agreement between you and Totsol Singapore and goods and/or services will be delivered by Totsol Singapore directly.

2.    TRIAL VERSION AND BETA FEATURES.  

If you registered for a trial use of the BB Online Service ("Trial Period"), you must decide to purchase a license to the BB Online Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the BB Online Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the BB Online Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the BB Online Service during the trial period, if you decide not to purchase the license to the full version of the BB Online Service, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.

From time to time, Totsol may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the BB Online Service for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Totsol is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

3.     PERMITTED DISCLOSURES AND USE OF DATA. 

You acknowledge and agree that in order to provide you with access to and use of the BB Online Services, Totsol may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Totsol to effectuate such replacement. Any other person You identified as an authorized user of the BB Online Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.

4.     ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.

4.1. General. In connection with your use of the BB Online Service and as part of the functionality of certain versions of the BB Online Services, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your "FI Login Data") and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) ("FI Account Data"). The BB Online Services are designed to allow you to access and download your FI Account Data through the BB Online Services, to allow Totsol to access your financial institution account(s) using your FI Login Data, to allow Totsol to download and use your FI Account Data, and to allow Totsol to aggregate and combine your FI Account Data with other data. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.

You acknowledge and agree that except as set forth this Agreement, Totsol has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the BB Online Service with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the BB Online Service to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.

4.2. Collection of FI Login Data and FI Account Data. By agreeing to these terms and conditions, you:

4.3.     Information from Financial Institutions' Websites. You acknowledge that

(i) some financial institution(s) may not permit Totsol or other third parties to have access to FI Login Data or to allow the BB Online Service to access your FI Account Data;

(ii) financial institution(s) may make changes to their websites, with or without notice to you or Totsol, that may affect the overall performance of the BB Online Service and prevent or delay aggregation of data from such websites; and

(iii) the BB Online Service refreshes your BB Online Service account data by collecting the FI Account Data automatically or manually (depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by Totsol through the BB Online Services.

If you see a discrepancy in your BB Online Service account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the BB Online Services, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the BB Online Service account data against your FI Account Data and manually update such data as necessary.

5. ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).

You may have the option for Totsol to transfer your data files from the BB Online Service in order to facilitate certain interoperability, data integration, and data access between the BB Online Service and certain supported ancillary services (the "Ancillary Services") you may sign up for and use in connection with the BB Online Service (the "Online Data Transfer"). In order for you to select the Online Data Transfer option, you must

(i) have registered select versions of the BB Online Service,

(ii) have Internet access,

(iii) have an active subscription to the BB Online Service; and

(iv) and may need to be an active subscriber to the Ancillary Services.

If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to Totsol's servers; where you grant Totsol the right and license to

(i) host and maintain your data,

(ii) use and transfer your data to the Ancillary Services and

(iii) reformat and manipulate your data as reasonably necessary for the data to function with the Ancillary Services.

Your original data files will remain in the BB Online Service. If you sign up for any Ancillary Services that support Online Data Transfer, you will have the option to request that Totsol send your data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, you authorize Totsol to transfer your data to and from the third party provider to enable provision of the Ancillary Services to you. Totsol will support and maintain the data transfer service as part of the BB Online Service. You agree that the third party provider may transfer your data from the Ancillary Service to Totsol, and that, Totsol may use such data subject to the terms of this Agreement. You agree and acknowledge that Totsol has no control over any third party provider or any third party Ancillary Services. Your use of the Ancillary Service is subject to additional third party terms and conditions. You further agree and acknowledge that your data, including your financial or personal information, may be transferred to a third party service provider who may be located in a country that does not have adequate security controls to protect your data. Please carefully review their terms and conditions, including privacy policy. If you do not agree with their terms and policies, you should not use or access the third party Ancillary Service and you should not authorize the Online Data Transfer to the third party Ancillary Service.

6.    BB Online Service USE, STORAGE AND ACCESS.

Totsol shall have the right, in its sole discretion and with reasonable notice posted on the BB Online Service site and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the BB Online Service and establish or change limits concerning use of the BB Online Service, temporarily or permanently, including but not limited to

(i) the amount of storage space you have on the BB Online Service at any time, and

(ii) the number of times (and the maximum duration for which) you may access the BB Online Service in a given period of time.

Totsol reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the BB Online Service to which such changes relate. Your continued use of the BB Online Service will constitute your acceptance of and agreement to such changes. Totsol may, from time to time, perform maintenance upon the BB Online Service resulting in interrupted service, delays or errors in the BB Online Service. Totsol will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

7.    CANCELLATION.  

Upon cancellation you will be able to access the BB Online Service only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the BB Online Service. There are no refunds upon cancellation. Please follow product instructions to cancel your account.

8.    SOCIAL MEDIA SITES.

Totsol may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

9.    THIRD PARTY PRODUCTS AND SERVICES.

Totsol may tell you about third party products or services, including via the Service. Totsol may offer products and services on behalf of third parties who are not affiliated with Totsol ("Third Party Products") and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. Totsol is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Totsol in any way. You agree that the third parties, and not Totsol, are solely responsible for the Third Party Product's performance (including technical support), the content on their websites and their use or disclosure of your data. Totsol will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.

You agree that you will

(i) comply with all applicable laws, regulation and ordinances;

(ii) not use the Third Party Products in any manner that would infringe or violate the rights of Totsol or any other party; and

(iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.

10.    APPLE REQUIREMENTS.

If you downloaded the Software from the Mac App Store, the following terms also apply to you:

• Acknowledgement: You acknowledge that this Agreement is between you and Totsol only, and not with Apple, and Totsol, not Apple, is solely responsible for the Software and the content thereof.
• Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
• Maintenance and Support: Totsol and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
• Warranty: Totsol is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Totsol's sole responsibility.
• Product Claims: Totsol, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user's possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, Totsol, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a terrorist-supporting country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties.
• Developer Contact Info: Direct any questions, complaints or claims to: Totsol Technologies Pvt. Ltd., 2632 Marine Way, Mountain View, CA 94043
• Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
• Third Party Beneficiary: You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.