EULA | Byteseal

END USER LICENSE AGREEMENT

The End User License Agreement (hereinafter referred to as “EULA” and/or “Agreement”) is between ELEMENTIK TECHNOLOGIES PVT. LTD (hereinafter referred to as “Company” “Elementik”, “we”, “us”, “our”) having registered office at Flat No 5 Shashivihar Apartment S. No 271 Plot No 25 Shridharnagar Chinchwad Pune Maharashtra 411033 IN and the End User for the use of BYTESEAL provided by, provided by the Company, producer and holder of all rights in the Software

BYTESEAL is a password manager software product manufactured by the Company and made available in downloadable and non-downloadable form to the End User (hereinafter referred to as “BYTESEAL” or “Software Product”).

Whereby you agree to this EULA by clicking the appropriate button or by downloading, installing or using the BYTESEAL password manager on any device including without limitation your Mobile Phone and Desktop;

YOU AGREE THAT YOU WILL BE BOUND TO THE TERMS OF THIS AGREEMENT;
YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT; AND
YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND AGREED TO THE TERMS OF THIS AGREEMENT.

GRANT OF LICENSE

Provided you comply with all terms and conditions of this EULA: Company grants you non-transferable, non-sub licensable, non-assignable, non-exclusive. revocable license to use the Software Product in the following manner:

The Free Version of the Software Product shall allow you to use the service of a secure cloud-based storage of user passwords whereby the passwords set and secured by you for various platforms shall be protected by setting up of a Master Password or user biometrics;

The Paid Version of the Software Product has an option of buying a hardware biometric device which provides a layer of biometric authentication to the password manager Software Product. The said hardware device provided by us connects securely to any computer or smartphone through Bluetooth interface. Once connected the Software Product shall request the user to provide its biometrics on the device in order to log into a particular website or application whose password is secured by the Software Product. This Agreement shall govern all extensions, additions, modifications, upgrades, updates and enhancements made to the Software Product by us
BYTESEAL can be used on all of your supported personal devices. Your license authorizes you to use BYTESEAL for personal and/or business use, understanding that your license is limited for your individual use.
The License is being granted herein conditioned to the following:
- The rights and restrictions contained in this agreement; and
- Any limits or restrictions set forth in any manner which may include without limitation the purpose for which the License is granted, licensing model, term inter alia
Nothing in this Agreement shall be considered as a grant of title or ownership in the Software Product to the User.

USER ACCOUNT`

To make use of the Software Product, you have to access the store available on your device for downloading mobile applications and install our Mobile Application named BYTESEAL. In order to further use the services provided by BYTESEAL, you may be required to register and create a User Account with a User Name and Master Password (“User Account”).
At the time of registration, you shall be required to share information which may include personal information (“Personal Information”) including but not limited to information regarding your e-mail ID, name, contact number, and other relevant details. The registration is free of cost.
You are solely responsible for the accuracy of the content provided by you while signing up with us thereby we shall assume that any information provided by you is accurate, correct and complete. You agree to update your information if it changes because we may send notices, statements and other information to you by email or through your account.
You hereby understand and agree that you are solely responsible for maintaining the confidentiality of your account’s access information, including your account’s password. You shall be solely liable for the accuracy of the content input in the Software Product and we do not have any liability with regard to the satisfaction and liability of the result thereby.

PAID VERSION PAYMENT

Whereby you are willing to opt for the Paid Version of BYTESEAL, you shall make the payment via the mode of payment made available by us to you. The applicable charges and timeline for the Paid Version shall be as mentioned by us on the available BYTESEAL portal being used by you.
There are no additional license fees other than as mentioned for availing the paid version
We reserve the right to revise the Fee for the paid version at our sole discretion with or without notice to you.

RESTRICTIONS OF USE

You shall not reverse engineer, decompile, disassemble, decipher, decrypt, resell, assign, rent, give, transfer, pass title to or otherwise seek to discover or obtain the source code or non-public APIs to Software Product and the hardware device or create derivative works or improvements or any portion thereof.
Remove or obscure any proprietary or other notices of the Company or of any third party contained in the Software Product (including any information or data generated by the Software Product);
You shall not use BYTESEAL under a false name, or for the purpose of misleading or deceiving others or in any manner that is violative of the common or statutory laws of the applicable jurisdiction
You shall not disseminate or transmit any virus, worms, trojan horse or other malicious, harmful or disabling data, work, code or program
You shall not engage in any other activity deemed by us to be in conflict with the spirit or intent of the Agreement or any of our Company policy as examples listed hereby are not exhaustive.

INTELLECTUAL PROPERTY RIGHTS

You understand and agree that the Software Product and the hardware device of the Company are protected by copyrights, trademarks and/or other proprietary rights and laws as applicable in India and other countries.
We shall own the right in the up gradations, modifications, improvements and fixes related to the Software Product and hardware device even if the said improvements are made on perusal of any feedback and recommendations made by you to us and the same does not make you liable for receipt of any compensation for the same in any manner whatsoever
Notwithstanding anything contained in this Agreement or otherwise, nothing in this Agreement shall be construed as a transfer in the Intellectual Property Rights of the Company to the User

CONFIDENTIALITY

Each party acknowledges that it may, during the course of this Agreement, acquire information or knowledge of the other party that is Confidential Information. Each party hereby agrees that during the term of this Agreement and for so long thereafter as such information remains confidential or proprietary to the disclosing party, it will treat all such information as confidential and will not disclose any such information to any third party nor use such information other than in the pursuance of the objectives of this Agreement
Each party agrees that all code, inventions, know‐how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute a part of confidential property of the Disclosing Party.
Any technology of the Company, performance information relating to the Software Product, and the terms and conditions of this Agreement shall be deemed Confidential Information of Company without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information
The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
The Receiving Party’s non-disclosure obligation shall not be applicable where the Confidential Information
1. Was rightfully in its possession or known to it prior to receipt of the Confidential Information;
2. Is or has become public knowledge through no fault of the Receiving Party;
3. Is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation;
4. Is independently developed by employees of the Receiving Party who had no access to such information; or
5. Is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party)
“Confidential Information” for the purpose of this Agreement shall mean any information or document in whatever form or format belonging to, in the possession of, under the control of, in the knowledge of, or howsoever related to us which has been disclosed or made available, directly or indirectly, to the User in any manner, which is (i) confidential and proprietary in nature, or (ii) which has been designated as confidential by us, or (iii) the unauthorized disclosure of which would, or would be likely to, prejudice the interests of the Company, and this includes all trade secrets, know-how, all personal and sensitive data and all discussions, negotiations and services provided or to be provided relating wholly or partly to the services, the Software, this Agreement or the affairs of the Company;

INDEMNIFICATION

User shall indemnify, defend and hold Company harmless from and against any and all claims arising out of your use or misuse of the Software Product and the hardware device, your breach of terms of this Agreement, breach of applicable laws, breach of Company’s privacy policy or any other actions or omissions in connection with your use of the Software Product, the hardware device and indemnify and hold Company (including its subsidiaries, affiliated companies, officers, agents, employees, advertisers and partners) harmless from and against all losses (including direct and indirect losses and damages however characterized) and all expenses therefrom (including legal cost, appraisal fee, and attorneys' fee, other third-party professional agencies' fee, etc.) where liabilities, damages (actual or indirect), losses and expenses (including legal and other disciplinary fee) are incurred by Company. In the event of such claims, Company will send you the notification on such claims, litigations and actions according to your contact information in your account. Even if you fail to receive such notification, your indemnification obligations hereunder shall not be eliminated or mitigated thereby. This indemnity shall survive the termination of this Agreement.

We may collect and store sensitive information of the user including but not limited to the passwords of licensee’s various accounts, and other personal information, the same is governed by the Privacy Policy available at https://www.byteseal.in/privacypolicy.

TERMINATION

Company may suspend or terminate this Agreement and User’s account, with respect to the use of BYTESEAL if User fails to comply with the terms and conditions of this Agreement,
Failure to comply with this Agreement in Company’s reasonable judgment may result in the immediate termination of services, responding to law enforcement requests, or any other action deemed necessary by Company in order to protect its network, customer relationships, and commitment to the highest possible quality of Service. Company will cooperate with law enforcement in cases where the service/software is being used by the User for any suspected illegal activity.

WARRANTY

GENERAL: Each party represents and warrants that it has the legal power and authority to enter into this Agreement,
DISCLAIMER: You agree to use BYTESEAL at your own risk. You hereby expressly agree and acknowledge that, except as provided in this Agreement, the Software Product and the hardware device, in the paid version, is provided "as is" and “as available” without any representations, conditions, warranties or covenants whatsoever with respect to the service, the Software Product, and the product including without limitation, any express, statutory or implied representations, warranties or conditions of merchantability, merchantable quality, satisfactory quality or fitness for a particular purpose, or arising otherwise in law or from a course of dealing or usage of trade, all of which are expressly disclaimed and excluded. The Licensor does not warrant that the Software shall be error free or will perform in an uninterrupted manner.
ADDITIONAL WARRANTIES: Without limiting the foregoing, the Company and its third-party suppliers/licensors make no representation, warranty or guarantee:
1. As to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of any results of the Software Product and the hardware device or any content therein or generated therewith,
2. That (a) the use of the Software Product and the hardware device will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Software Product will meet end user’s requirements or expectations, (c) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted, (d) errors or defects will be corrected, or (e) the Software Product are free of viruses or other harmful components.
3. The Company and its third-party licensor/suppliers shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of the Company.
HARDWARE WARRANTY: The terms for warranty for the hardware device are as follow:
1. No warranty for battery.
2. No warranty for damages caused due to contact with water, dust and physical accidents
3. 12 months warranty. Upon inspection of the damaged product, either it will be repaired or replaced. The decision of the company will be final as to whether the product needs to be repaired or replaced. In order to claim the warranty, contact support@byteseal.co.

No warranty if the user uses the device for purposes other than the designated one.

LIMITATION OF LIABILITY

BY EXECUTING THIS AGREEMENT, THE USER AGREES TO THE TERMS AND CONDITION MENTIONED HEREIN. IF THE USER IS ACCEPTING THIS AGREEMENT ON BEHALF OF AN EMPLOYER OR INSTITUTION, THE EMPLOYER OR INSTITUTION SHALL BE LIABLE FOR ALL ACTS OF THE USER
THE COMPANY AND ITS LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH BYTESEAL, YOUR USE OR INABILITY TO USE OR ACCESS BYTESEAL SOFTWARE PRODUCT, OR ANY DATA PROVIDED THROUGH BYTESEAL SOFTWARE PRODUCT AND/OR THE HARDWARE DEVICE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU. IN SUCH CASE THE EXTENT OF COMPANY’S LIABILITY WILL BE THE LIMITED MAXIMUM TO THE EXTENT OF AMOUNT EVER RECEIVED BY THE COMPANY FROM THE USER IN FURTHERANCE OF USE OF BYTESEAL
DISCLAIMER OF LIABILITY FOR THIRD PARTY PRODUCTS. As part of our services to the user, we may hire service of third-party for purposes of including without limitation, cloud storage. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD PARTY SERVICES. USER UNDERSTAND, AGREES AND ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY THE COMPANY AS TO THE FITNESS OF THE THIRD PARTY SERVICES AND THE SOFTWARE USED BY THEM FOR THE INTENDED PURPOSE. YOU AGREE TO USE THE PLATFORM AT YOUR SOLE DISCRETION AND LIABILITY
We take thorough care for the protection of information provided by you to us, however, we will not be responsible and shall not accept any liability or loss incurred in anyway whatsoever on account of unforeseeable situations, including but not limited to cyber attacks, data breach by any employee, authorized representative, inter-alia

COMPLIANCE WITH LAW

User shall abide by all applicable local, state, national and foreign laws, rules, treaties and regulations in connection with its use of the Software Product, including those related to data privacy, international communications and the transmission of technical or personal data. User acknowledges that Company may discontinue provision or performance of the Software or services or terminate the license to the Software granted hereunder following any changes in any relevant applicable law, which in the sole discretion of Company, makes performance impossible, or illegal.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed under the laws of India. Subject to the mediation and arbitration clause as mentioned below, any dispute arising out of or in relation to this Agreement shall be submitted to the sole jurisdiction of the courts of law at Pune, Maharashtra.
The parties at the outset, agree to attempt to resolve disputes without extended and costly litigation by communicating dispute to other party in verbal or written; responding in writing to any written dispute from other party within 15 days of receipt; if satisfactory resolution does not occur within 45 days of initial written notification of the dispute, and if both parties do not mutually agree to a time extension, then Company and User will hire a mutually agreed upon certified mediator, the cost of which will be shared by both parties; and, if resolution is still not obtained within 30 days of a mediation session and if both parties do not agree to a time extension, then Parties agree to enter into binding arbitration with a mutually agreed upon, certified, arbitrator, the cost of which will be shared by both parties.
The arbitration will be conducted in accordance with the provisions of The Arbitration and Conciliation Act, 1996. The parties agree to be bound by the decision of the arbitrator and judgment upon the award rendered may be entered in any court having jurisdiction. The language shall be English, and the governing law shall be as specified in this part.

MISCELLANEOUS

Entire Agreement: This Agreement is the entire agreement between the Parties relating to the Software Product and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this Agreement.
Severability: If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Amendments, Modifications: Company may amend/modify/update the terms of the Agreement in its sole discretion and shall update the User of the same by displaying a notification in a manner feasible to the Company
Waiver: No failure or delay by the injured party to this Agreement in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.
Relationship: The parties are independent contractors. This Agreement shall not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give one party the express or implied right, power or authority to create any duty or obligation of the other party.

In case of any concerns or queries, you may contact us at support@byteseal.co

ELECTRONIC CONTRACTING:

Your affirmative act of downloading, installing or using the Software Product and the hardware device (if opted for Paid Version) constitutes your electronic signature to this Agreement, which includes our Privacy Policy and your consent to enter into agreements with us electronically.