Thank you for using Capyard.
Capyard is a software as a service offered by BizAcuity Solutions Private Ltd. A reference to Capyard in this agreement is to be read as a reference to BizAcuity’s services.
By clicking the “Get Started” button or subscribing to the services you agree to follow and be bound by the terms and conditions of this Agreement. You hereby represent and warrant that you have the lawful authority and capacity to enter into this Agreement and you’ll be referred as Subscriber or member. If you sign up for Capyard on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS AND COVENANTS HEREINAFTER CONTAINED THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:
BizAcuity is engaged in the business of business intelligence and data analytics and has developed a proprietary Software available for access at the website www.capyard.com (“Website”).
Subject to the terms and conditions as set out herein, Capyard grants to the subscriber a limited, personal, non-exclusive, non-transferrable and non-sub licensable licence to access and use the Software, in the manner set out herein, solely during the Term of this Agreement.
The subscriber hereby subscribes to the Services (“Services”) on the terms and conditions set out herein.
The features of the Services shall be deemed to be accepted by the subscriber unless the subscriber notifies Capyard in writing of a material defect in the Services within ten (10) business days from the date of subscribing to the Services. If material defects are identified in the Services, Capyard shall have a reasonable opportunity to correct them, or provide a functional workaround.
Services agreed by the subscriber shall collectively be referred to as “Subscription Plan” which is a Demo/Free Trial as of now.
The Subscription Plan as chosen by the subscriber may be modified during the Term of this Agreement. The subscriber may choose different Services and such modifications to the Subscription Plan shall be subject to and governed by the terms and conditions as set out in this Agreement.
The subscriber acknowledges that from time to time during the Term of this Agreement, Capyard may apply some Upgrades to the software and/or the Services, and that such Upgrades may result in changes the appearance and/or functionality of the software and/or the Services.
“Upgrades” means new versions of, and updates to the software and/or the Services, whether for the purpose of fixing an error, bug or other issue in the software and/or Services or enhancing the functionality.
This Agreement is effective from the date of acceptance (as indicated by clicking on the “Get Started” button or otherwise accepting this Agreement) and shall remain in force until terminated in accordance with this term of use.
Capyard hereby confirms that this subscription is a Free Trial so subscribers to this demo/free trial access do not pay to access this version.
Capyard can terminate this Agreement by providing 30 (thirty ) days prior written notice of such termination; or at any time with immediate effect by notice in writing to the Subscriber in the event that the Subscriber is in breach of any of the terms of this Agreement. The Subscriber can terminate this Agreement by providing 30 (thirty) days prior written notice of such termination. In case of Demo/ Free Trials, this Agreement will automatically terminate on the expiry of the free trial period.
In the event that the Agreement is terminated in the manner as set forth hereinabove, Capyard shall not be liable or be required to perform any obligation in any manner whatsoever from the effective date of such termination.
Each of the Parties hereby represents and warrants that it:
Has lawful authority and capacity to enter into this Agreement and in case of a company, is a company validly existing and in good standing under the laws of the country of its registration;
Is duly authorized to enter into and perform this Agreement and is not barred by any contractual obligations to any third party from entering into and fulfilling its obligations hereunder and it holds all licenses, approvals and permits required by law to conduct its business;
There is no contract of any nature, operative and in force, to which it is a party or under which it may be otherwise bound or subject, which contain any terms or provisions that in any manner restrict, limit, prevent, prohibit or make unlawful the execution of this Agreement;
It has not in any manner breached the intellectual property of any third party in the set up and conduct of its business.
Subscriber’s representations and warranties:
All information provided by the Subscriber to Capyard is and shall be true, correct and accurate in all respects
not use the Services in a manner that:
is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; or
will disrupt a third parties’ similar use or (iii) violate the intellectual property rights of any third party
not violate or tamper with the security of the software. If Capyard has reasonable grounds to believe that subscriber is utilizing the Services for any such illegal or disruptive purposes, Capyard shall be entitled to suspend the Services immediately with or without notice to Subscriber.
Capyard’s rights and obligations:
Capyard shall have the right to use information provided by the subscriber to create and generate other reports and analyses, and for research, presentation and development purposes
Capyard expressly reserves all rights in the Software
The Subscriber acknowledges that the information provided by them may be used for any lawful purpose, provided that the information is used only in an anonymized and aggregated form and in a manner that does not permit the identification of any subscribers. Subscriber shall use the Software and/or Services only for lawful purposes.
Subscriber also agrees to refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the software All formats, features furnished to subscriber under this Agreement shall be used only for subscriber’s internal business purposes, shall not be reproduced or copied in whole or in part.
The Subscriber shall not access, store, distribute or transmit any viruses, or any material during the course of its use of the Services that is unlawful.
Indemnification: Subscriber shall defend, indemnify and hold Capyard and its officers, directors, employees, harmless from and against all losses, damages including attorneys’ fees imposed on, incurred or arising from or in connection with or relating to, claims, actions and/or allegations in the following cases:
Breach of representations and warranties (express and implied) contained in this Agreement;
Any and all third-party claims based upon the content of any communications transmitted by the Subscriber and/or customers of the subscriber using the Services;
Violation, infringement or misappropriation of any patent, trade secret, copyright or other intellectual, industrial or other proprietary rights;
Save as otherwise provided under this Agreement, the terms and conditions described in this agreement including its existence shall be confidential information and shall not be disclosed to any third party other than to the respective professional advisors, employees, agents, consultants on a need basis and provided that in each case the person to whom such confidential information is disclosed undertakes to keep it confidential.
This Agreement shall be governed by the laws of India, without reference to conflict of laws principles. The Parties submit to the exclusive jurisdiction of courts located in India. Each party shall have a right to seek equitable relief, including temporary restraining orders or injunctions, for breach or threatened breach of this Agreement. To the extent permitted under applicable laws, the Parties hereby specifically exclude the right of a third party to enforce the terms of this Agreement and this Agreement does not purport to confer a benefit on a third party; the Parties do not intend that any term of the Agreement shall be enforceable by the third parties.
The agreement may be amended, modified, superseded, or cancelled, and the same shall be updated online at in the Website.
Capyard hereby explicitly and specifically disclaims any and all warranties, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability or fitness for a particular purpose. Capyard does not warrant that the software will be performed error-free or uninterrupted. Subscribers further acknowledges that Capyard does not control the transfer of data over communications facilities, including the internet, and that the software may be subject to limitations, delays, and other problems inherent in the use of such communications facilities;
Subscriber hereby acknowledges that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in and in relation to this Software is as part of this agreement, including without limitation any derivatives, improvements or modifications of the foregoing shall vest wholly completely and fully with Capyard throughout the territory of the world and the Subscriber shall have no right or claim to such intellectual property in any manner whatsoever.
Nothing in this Agreement is to be construed to make either Party a partner, an agent or legal representative of the other Party for any purpose.
Force Majure: Neither Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).
Nobody is safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you then Capyard will notify you as soon as possible and later report the action we took in response.
Capyard accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party.