These Terms and Conditions ("Terms"), along with any other terms set out in the ordering page or user interface through which Customer purchases a subscription or enables access ("Site"), or an ordering document (collectively the "Agreement"), set forth the terms and conditions under which Quick Response Technologies Pvt. Ltd. ("Service Provider" or "Recepto") will provide access to certain proprietary technology to the organization or individual identified on the Site and agreeing to this Agreement ("Customer").
If you are agreeing to this Agreement by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these Terms, otherwise you must not sign up.
License grant and right of use
License grant
Subject to all limitations and restrictions contained herein, Recepto grants Customer a subscription, software as a service (SaaS), nonexclusive and nontransferable right to use the Software as hosted by Recepto as described in the Site ("Use"). During the Term, Recepto grants Customer a non-exclusive right to access and Use the SaaS ("Services"). Customer may only Use the Software for its own internal business needs.
Responsibilities for Customer's account
Customer shall ensure that all individual employees or representatives that are authorized to use the Software and the Services ("End User") access the Third Party Application through legitimate means using valid access credentials. Customer will promptly notify Recepto if Customer becomes aware of any unauthorized access to or use of Customer's account or Recepto's Services.
Restrictions
In no event shall Customer disassemble, decompile, or reverse engineer the Software or Confidential Information or permit others to do so. Customer may use Service Provider's Confidential Information solely in connection with the Software and pursuant to these terms.
Prohibited uses
Customer will not, and will not permit End Users to:
- use the Services or Customer Content in a manner that violates any applicable laws or Recepto's policies including the Acceptable Use Policy;
- use the Services or Customer Content in a manner that infringes, misappropriates, or otherwise violates any third party's rights;
- send or allow access to personally identifiable information of natural individuals without obtaining their prior written consent;
- allow minors to use Service Provider's Services;
- use Output to develop any artificial intelligence models that compete with Recepto's products and services;
- use any method to extract data from the Services other than as permitted through the APIs or any other User interface; or
- buy, sell, or transfer API keys from, to, or with a third party.
Compliance with laws
Customer agrees to comply with all applicable laws, regulations, and ordinances relating to its performance under this Agreement.
Maintenance
Recepto shall use commercially reasonable efforts to provide corrections to reported problems that prevent the Software from conforming in material respects to its specifications and are replicated and diagnosed by Recepto as defects in the Software.
Outputs
As part of the Services, each Customer receives certain information captured in a form as determined by Recepto from time to time ("Output") that correlates to certain criteria and preferences set out at the time of set-up of the Services. Recepto compiles these Outputs by processing signals and data sets compiled from Publicly Available Sources over the internet.
All proprietary rights, interest and title in and to Output shall lie with Recepto or its licensors. Customer shall be entitled to use the Output for its internal business purposes including transferring or assigning it to any other entity for such internal use only.
Payment
Fees
All payments for the Initial Subscription Term of the Services shall be made in advance at the time of subscribing to the Service. Once a payment has been processed, it cannot be reversed or refunded, regardless of the circumstances.
Taxes
Customer shall reimburse Recepto and hold Recepto harmless for all sales, use, GST, excise, property or other taxes or levies which Recepto is required to collect or remit to applicable tax authorities.
Security and privacy
Recepto shall maintain an information security program designed to protect the Software and Customer Content against accidental or unlawful loss, access, or disclosure, identify reasonably foreseeable risks to security, and minimize security risks through regular risk assessments and testing.
Ownership of services
Customer has no ownership interest in the Software and/or Service Provider materials provided to Customer. Recepto shall own all right, title, and interest in such Software and Recepto's materials.
Recepto owns and shall continue to own all right, title and interest in and to all Aggregate Data. Aggregate Data may be used to build and train artificial intelligence models.
Confidentiality
"Confidential Information" includes all information marked pursuant to this Section and disclosed by either party that is generally not publicly known. The Software, oral and visual information relating to the Software, and the terms and conditions of this Agreement are deemed Recepto's Confidential Information.
Warranty
EXCEPT FOR THE WARRANTIES IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND RECEPTO AND ITS AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, NONINFRINGEMENT, OR QUIET ENJOYMENT.
Limitation of liability
IN NO EVENT SHALL RECEPTO BE LIABLE FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF THE FEES PAID BY CUSTOMER FOR THE SOFTWARE WHICH GAVE RISE TO SUCH DAMAGES IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.
Term and termination
This Agreement is for the period set forth at the time of order on the Site and shall be automatically renewed for additional periods of the same duration unless either party requests termination at least 30 days prior to the end of the then current term.
Miscellaneous
This Agreement shall be governed and interpreted by the laws of India without regard to the conflicts of law provisions of any state or jurisdiction. Any action related to this agreement shall be brought in the competent courts located in Bangalore, India.
Acceptable use policy
This Acceptable Use Policy applies to Recepto's Services. By using the Services, you agree to adhere to our policies. Violating this policy could result in action against your account, up to suspension or termination.
- B2B operations only – recipient of your services are enterprises/business organizations and not individuals.
- Comply with applicable laws – do not promote or engage in illegal activity or violate intellectual property or privacy rights of others.
- Don't harm yourself or others – do not injure others, destroy property, or develop/transmit viruses or weapons.
- No deception or harassment – do not intentionally deceive, defraud, threaten, or promote discrimination or hate speech.
- Respect IP rights – do not provide or use inputs in violation of another person or organization's intellectual property rights.
Prohibited communication practices include sending emails from group distribution aliases, using false identities, failing to include opt out messages where required, or sending emails that generate an unacceptable level of bounces, spam or complaints.