Terms of Service

THESE TERMS OF SERVICE ("TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT MADE BETWEEN YOU, WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY (“YOU”) AND AJMERA INFOTECH INC. ("COMPANY", “WE”, “US”, OR “OUR”), CONCERNING YOUR ACCESS TO AND USE OF THE  HTTPS://WWW.REDPEN.AI  WEBSITE (AND OTHER DOMAINS AND SUB-DOMAINS WE HAVE) AND ANY OTHER MEDIA FORM, MEDIA CHANNEL, MOBILE WEBSITE OR MOBILE APPLICATION RELATED, LINKED, OR OTHERWISE CONNECTED TO THE WEBSITE (COLLECTIVELY, THE “SITE”) AND  SERVICES, APPS, ETC. PROVIDED THROUGH SITE.  YOU AGREE THAT BY ACCESSING THE SITE, YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND OUR PRIVACY POLICY POSTED AT: HTTPS://WWW.REDPEN.AI/PRIVACY. YOU ALSO AGREE THAT YOU ARE THE REPRESENTATIVE OF ANY CORPORATION OR ENTITY FOR WHICH YOU ARE USING THE SITE AND/OR SERVICES OFFER THROUGH THE SITE OR SERVICE AND ARE AUTHORIZED BY SUCH ENTITY TO ENTER INTO A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OR ARE NOT OTHERWISE AUTHORIZED, YOU ARE NOT PERMITTED TO USE THE SITE OR SERVICE EXCEPT TO VISIT THE SITE ONLY FOR INFORMATIONAL PURPOSES!

This Site and Service are hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or Service, you are transferring your data to the United States, you agree to have your data transferred to and processed in the United States and waive and release any such claims or causes of action against the Company.

SUPPLEMENTAL TERMS AND CONDITIONS OR DOCUMENTS THAT MAY BE POSTED ON THE SITE FROM TIME TO TIME ARE HEREBY EXPRESSLY INCORPORATED HEREIN BY REFERENCE. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MAKE CHANGES OR MODIFICATIONS TO THESE TERMS OF SERVICE FROM TIME TO TIME EFFECTIVE ON THE LAST EFFECTIVE DATE. YOU WILL BE ALERTED TO SUCH CHANGES BY THE “LAST UPDATED” DATE OF THESE TERMS OF SERVICE.  YOU WAIVE ANY RIGHT TO RECEIVE SPECIFIC NOTICE OF EACH SUCH CHANGE.  ENSURE THAT YOU REVIEW THE LAST UPDATED VERSION FOR THE APPLICABLE TERMS EVERY TIME YOU USE OUR SITE SO THAT YOU UNDERSTAND WHICH TERMS APPLY. YOU WILL BE SUBJECT TO, AND WILL BE DEEMED TO HAVE BEEN MADE AWARE OF AND TO HAVE ACCEPTED, THE CHANGES IN ANY REVISED TERMS OF SERVICE BY YOUR CONTINUED USE OF THE SITE OR SERVICE AFTER THE DATE SUCH REVISED TERMS OF SERVICE ARE POSTED.

We offer Redpen™, a SaaS-based solution, for business customers and their authorized users. Redpen (also referred to as “Service”) allows customers and users to capture feedback interactively and to file and respond to actionable issues and support requests. The capabilities of the service are described in detail in the Website. Service is available under different pricing and use models, through the Company, as stated below or through its authorized channel partners.

The Site, Service and its licensors retain all right, title and interest to the entire contents, features and functionality, including but not limited to text, information, data, software, images, video and audio (and the design, selection and arrangement thereof), trademarks, service marks, name, logos, other identifiers of the Company and Service and the analysis, analytics, reports and results of use of Service, feedback and suggestions regarding the Site or Service, in any form or format, and any configurations, customizations, modifications, enhancements, improvements, updates, revisions, or derivative works thereof including all know-how, methodologies and Intellectual Property Rights (collectively “Content”) are owned by the Company and its licensors. Content is protected by copyright and trademark laws. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms. All rights not expressly granted are reserved to the Company. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms. “Intellectual Property Rights” means any unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, moral rights, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

Unauthorized or not expressly permitted use of any Content constitutes infringement which subjects you to civil and criminal penalties under United States and international laws and treaties.

1. Non-Commercial Use: You are invited to read the Content on the Site for free, for your non-commercial, personal information and educational purposes, to learn about our offerings.  You may also create a bookmark in your browser to the home page of the Site or Service. We encourage you to invite and point others to the Site or Service. You may also link to the Site or Service in a way that is fair and legal, is not damaging to our reputation and does not suggest any form of association, approval or endorsement on our part. Content may not be used for any other purpose without our express written permission.  You may create an account to access and use Service as described in Section 10.
2. Your Material: You or your customers (collectively, referred to as “Users” of the Site and Service and further defined in Section 4.E) may post , submit, publish, display, transmit or upload any data, text, photos, videos, audios, or other material or information to us through the Site or Service (“Your Material”). You and your Users:
   
   1. Retain ownership of Your Materials and remain fully responsible and liable for Your Materials;
   2. Grant to the Company, its affiliates and service providers, and each of their respective licensees, successors and assigns, a perpetual, irrevocable, assignable, transferrable, worldwide right of use of Your Materials as necessary to provide, support and improve the Site or Service, Contents and our offerings;
   3. Grant to the Company, its affiliates and service providers, and each of their respective licensees, successors and assigns, a perpetual, irrevocable, assignable, transferrable, worldwide right of use of your trademarks, logos and service marks on our Site or Service and in conjunction with use cases and sales and marketing activities.
   4. Have no expectation of privacy or confidentiality of Your Material; and,
   5. Represent and warrant that: (a) you have all rights, title and interest in Your Materials to grant the foregoing rights to us for use in accordance with these Terms; (b) Your Materials do not infringe any intellectual property rights or violate the privacy, confidentiality or any other rights of third parties; (c) you will not introduce any Malware meaning malware, viruses or other computer code, files or programs designed to gain unauthorized access and use of confidential or proprietary information or personal data or to interrupt, destroy or limit the functionality of the Site, Service or our or a third party’s website, products, services, systems or networks.
   6. You will ensure these Terms flow down to and are binding on your Users and remain liable and responsible for your Users use, actions and inactions.
3. IP Address Etc: When you access our Site or Service, we automatically collect your computer’s internet protocol (IP) address and other technical information about your computer and site usage, namely, your browser type and version, internet service provider, time zone setting, referring/exit pages, operating system, date/time stamps and/or clickstream data. We also use cookies and similar tracking technologies on our Site or Service; for more information, please see our Privacy Policy.
   
4. Mobile App: If you access the Site or Service through our mobile application, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-assignable right to access, download and use the mobile applicable in accordance with these Terms.  When you use our mobile applications, we collect your device’s unique identifier and other technical information about your device and mobile application usage, namely, your device type, browser type, and your interactions on our mobile application.
   
5. Acceptable Use Policy:  You alone are fully liable and responsible for your and your  Users’ use of the Site and Service in accordance with these Terms. “User” means you, your employees, representatives, consultants, contractors, agents and, customers and their Users who you authorized to use the Site and Service and who have been supplied user identifications and passwords or to whom you have given permission to create an Account. You will not, and will ensure others will not, use the Site except as expressly permitted by these Terms and all applicable laws, regulations and directives, including but not limited to those governing privacy and US and foreign export and import as more fully described in subsection F, below including, by way of example and not exclusion:
   
   1. Use another’s logon and/or password to gain access to and use of the Site and Service;
   2. Permit access to, or use, of the Site or Service in a way that exceeds or attempts to, or circumvents, licensed capacity or use any locked or restricted feature, function, service, or capability without first purchasing the applicable license key or otherwise paying for such use, even if such usage limit, feature, function, service or capability is accessible without a license key;
   3. Disclose to any third party the results of any benchmarking;
   4. Interrupt, or attempt to interrupt or disable the Site or Service or, in any way, violate, breach, test, circumvent or compromise the security of the Site or our Service, our customers or their users’ networks or systems;
   5. Remove any proprietary notices;
   6. Modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, republish, download, or copy any part of the Site, Content or Service (including Content, data structures or similar materials provided in conjunction with or resulting from use of the Site or Service);
   7. Access or use the Site or Service to build or support, directly or indirectly, products or services competitive to us and our licensors;
   8. Use the Site or Service to harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; or
   9. Upload, post, use or otherwise make available Malware, send unsolicited bulk e-mail, junk mail, spam or chain letters or otherwise flood or impose an unreasonable and disproportionately large load on the Site or Service.
6. Compliance with Applicable Law: You acknowledge that the Site or Service allows access to and use of the Site and Service without regard to geographic location and permits the transfer or movement of data.  You will, and will ensure others comply with all applicable laws, regulations and directives, including but not limited to those governing privacy and US and foreign export and import. You acknowledge that the Content and Service are of United States origin, are provided subject to the U.S. Export Administration Regulations, may be subject to the export control laws of the applicable territory, and that diversion contrary to applicable export control laws is prohibited. You represent, warrant and covenant that (a) you are not, and are not acting on behalf of: (i) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions; or (ii) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and, (b) you will not permit the Content or Service to be used for any purposes prohibited by law, including, any prohibited development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.
   
7. Monitoring:
   
   1. We have no obligation to monitor Your Material.  We may, in our sole discretion, without notice or liability, monitor the Site or Service and may edit, limit access to and/or delete Your Materials at any time without notice or liability in addition to all other rights and remedies stated in these Terms and permitted by applicable law. We may also take appropriate legal action to enforce these Terms including reporting users to law enforcement authorities. In response to legal process, we may turn over Your Materials.
   2. In addition, we and our service providers may monitor the Site or Service and collect statistical metadata and other information (excluding any personally identifiable information or Confidential Information) relating to the performance and operation of the Cloud Services (“Statistical Data”) and use Statistical Data for any of the following purposes: (i) to provide support and improve the Site and Service; (ii) to address service requests; (iii) to detect and address threats to the functionality, security, integrity, and availability of the Site or Service; (iv) to detect and address illegal acts or violations of the foregoing Acceptable Use Policy; (v) marketing and sales; and, (vi) for any other legal purpose (collectively (i) through (vi), referred to as “Service Analysis”) and may make Service Analysis available publicly and as it deems appropriate.
8. Security:  We use commercially reasonable practices, including encryption and firewalls, and follow generally accepted industry standards for data security. You acknowledge and agree that: (i) security is a shared responsibility; (ii) the Internet is an open system; and, (iii) we cannot and do not warrant or guarantee that third parties cannot or will not, surreptitiously and without authorization, access the Site or Service and intercept, use or modify data, confidential or proprietary information. Notify us promptly if you have reason to believe or actually know of any unauthorized access or use of the Site, Service or your Account.  We use commercially reasonable efforts to notify you on discovery of any unauthorized access to or use of your Account resulting in the unauthorized use or disclosure of data or confidential or proprietary information and, at your cost and expense, will undertake such investigation, remediation, notice and reporting as we deem reasonably required.
   
9. Changes: We reserve the right to change, suspend or remove Content, impose limitations on use or terminate use of the Site or Service, in whole or in part, at any time, for any reason without notice or liability. We have no obligation to update Content. Use of the Site or Service other than in accordance with these Terms may result in civil liability or criminal penalties.
   
10. Availability and Downtime: While we strive to maximize service availability, scheduled and unscheduled interruptions may occur. The Company does not warrant or guarantee uninterrupted availability of the Site or Service or otherwise provide any service level agreements. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Service during any downtime or discontinuance of the Site or Service. Nothing in these Terms will be construed to obligate us to maintain and support the Site or Service or to supply any corrections, updates, or releases in connection therewith.
    

• If you are a copyright owner or an agent of a copyright owner, and you believe that any Content on the Site or Service infringes your copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing (“Notice”):
  
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Complainant”);
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
  4. Information reasonably sufficient to permit the Company to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted;
  5. A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights.
• The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and email to the following addresses:
  
  Ajmera Infotech Inc.
  Attention: DMCA Agent
  3031 Tisch Way, Suite #110PW
  San Jose, CA 95128
  United States
  Phone: (+1)4089132345
  info@ajmerainfotech.com
• If Your Material has been removed for alleged infringement and you believe it should not have been, you may send us a written counter-notice (“Counter-Notice”), which must include:
  
  1. A physical or electronic signature of the alleged infringer;
  2. Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
  4. The alleged infringer's name, address, and telephone number; and,
  5. A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
• We will respond to all such notices in compliance with applicable law.  We have the right to remove content alleged to be infringing, at our sole discretion, without prior notice.
  
• Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
  

1. The Site or Service may contain links to other websites which connect you with other websites which are operated by parties over which we have no control.  These links are provided only as a convenience to you, and we do not assume any responsibility for nor endorse such other websites. Download of our mobile app from the Apple Store, Google Play or any other web store site (other than this Site) is subject to the terms of use posted in the respective web store site in addition to these Terms of Use.
   
2. When available, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Site or Service; or (ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (a) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site or Service via your account, including without limitation any friend lists and (b) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site or Service. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site or Service. You will have the ability to disable the connection between your account on the Site or Service and your Third-Party Accounts at any time.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site or Service. You can deactivate the connection between the Site or Service and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
   
3. We use third party products and services to provide the Site and Service, such as Google Analytics and AWS, which terms of service or use govern.
   
4. If you decide to access any of the third party websites linked to the Site or Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
   

1. General: “Redpen” is SaaS based software (“Service”)
   You may license Service directly from the Company or through its authorized channel partner. Your rights of use are based on the license model and tier of service you choose.
   
   1. ”For Developers” meaning using Service for your internal business purposes.
   2. ”For Support” meaning using Service in conjunction with providing an application exposed to your customers (on a website, using a mobile application or other application).
2. License Grant:
   
   • Company to Business End User: In consideration for the payment of applicable fees (“Fees”) and compliance with these Terms, Company grants you, as a business User, the non-exclusive, limited, non-transferable, non-assignable right to install and use  Service on your website only to access and for use of Service by  Users for their internal or external business purposes based on the license model purchased (“Subscription”)  applicable sales order, quote or proposal (“Order”) for the period of time for which the license is purchased (“Subscription Period”) as stated in the applicable sales order, quote or proposal or on-line order (“Order”) in accordance with these Terms
     
   • Company to Channel Partner:
     
     • In consideration for the payment of the Fees and compliance with these Terms, Company grants you, as an authorized Channel Partner, the non-exclusive, limited, non-transferable, non-assignable right to: (I) market and promote the sale of Service licenses to End Users for use in accordance with these Terns by such End Users and subject to the Company’s written approval; (II) use the Company’s documentation only for purposes consistent with your appointment; and; (III) resell licenses to End Users for internal or external business purposes for the Subscription Period based on the Subscription stated in the Order. Channel Partner will ensure all End Users are bound to these Terms and will notify the Company promptly or any known or suspected breach of these Terms by End Users.
     • Channel Partner represents, warrants and covenants to the Company that Channel Partner will, and will cause its resellers and other channel partners and personnel: (I) establish and maintain, the highest standard of ethical business practices in connection with its performance as an authorized channel partner;  (II) will conduct business in a manner that reflects favorably at all times on the Company and its offerings and its good name, goodwill, and reputation avoiding deceptive, misleading or unethical practices that are or might be detrimental to the Company or its offerings; (III) not to make any representations, warranties or guarantees to its actual or potential channel partners or End Users with respect to the specifications, features or capabilities of Service that are inconsistent with the Company’s documentation and sales and marketing collateral; (IV) comply with all applicable laws and regulations; (V) will not act, directly or indirectly, as a channel partner of the Company’s competitors; and, (VI) will remit all amounts due and payable to the Company, without set-off or deduction, regardless of its payment terms with the End User or receipt of payment from the End User. Channel Partner is an independent contractor of the Company and has no authority to assume or create any obligation on Company’s behalf, expressed or implied.  Reseller is solely responsible for any warranties or service obligations it makes to its End Users for Reseller.
     • Channel Partner will indemnify, defend and hold the Company, its licensors and their officers, directors, employees, contractors, agents, successors and assigns, harmless from and against all claims, causes of action, damages, liabilities including reasonable attorneys’ fees, costs and expenses of investigation, experts, professional advisors and litigation as a consequence of Channel Partner’s negligence or breach of these Terms.
3. Free Trial License: We may offer a free trial to new End Users who register with the Site or Service which is made available. At the conclusion of the Free Trial, you may continue to access and use a version Service which has limited functionality until you elect to purchase a Subscription.
   
4. Subscription: We offer multiple versions and tiers of our Service. They are listed at https://www.redpen.ai/pricing. Our fees, services, products, and offerings may be changed at any time.
   
5. Payment: We accept payment via: Stripe, Jira Marketplace and, at the Enterprise Tier: ACH and wire transfer and such other payment processors and platforms as are made available from time to time. You authorize us to charge your chosen payment provider for all one-time and recurring charges without requiring your prior approval for each recurring charge until you notify us of your cancellation in accordance with Section 11, below.  All Fees, plus applicable taxes, are due and payable in U.S. Dollars, in advance, without set-off or deduction and, once paid are not refundable. Your payment terms may be adjusted effective upon notice to you. We reserve the right to correct errors or mistakes in pricing even if we have already requested or received your payment and to accept or reject orders.
   
6. Creating an Account:
   

   1. To access and use Service, End Users will create an Account using the Site or Service and will select and may change username and passwords. By registering for an Account, a password and using Service, you certify: (a) you are authorized to access and use Service; (b) you are bound by and will comply with these Terms, the Privacy Policy and any additional terms required for access to use Service; and, (iii) that the user name and password are unique to you. It is a condition of your use of the Service that all the information you provide is correct, current and complete at all times including, for example and not exclusion, email address, payment method so payments can be completed and we can contact you as needed.
   2. End Users are solely liable and responsible for: (a) maintaining the confidentiality of user names and passwords; and, (b) all damages, losses, liabilities, penalties, costs and expenses as a consequence of the unauthorized use of the Account, user names or passwords. End Users, at their own expense, will assist in the investigation, remediation and required notice or reporting of all such incidents.
   3. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We also reserve the right to suspend or terminate your Account for any reason without notice or liability; in which case, you will be prohibited from registering and creating a new account and we may proceed to take appropriate legal action against you.  If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your Account, immediately, without notice or liability, and refuse any and all current or future use of the Service (or any portion thereof).
7. Ownership:  In addition to Section 2, Content and Intellectual Property Rights, the Company and its licensors retain ownership of Service and Company Confidential Information, all new versions, products, alterations, modifications and derivatives thereof and all Intellectual Property Rights therein.  All rights not expressly granted are reserved to the Company. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms.
   
8. Confidentiality:
   
   1. “Confidential Information” means all non-public sensitive, confidential and proprietary information of a party (“disclosing party”) disclosed to the other party (“recipient”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, e.g. prices, feedback, results of benchmarking or other comparison performance testing, business and marketing plans, financial, technology and technical information.
   2. Exceptions: Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to disclosing party; (b) was known to recipient prior to its disclosure by disclosing party without restriction; (c) was independently developed by recipient without breach of any obligation owed to disclosing party; or (d) is received from a third party without restriction.
   3. Use: The recipient will not disclose the disclosing party’s Confidential Information, except to affiliates, employees, contractors, agents or third parties who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep the confidentiality of the Confidential Information. The recipient: (a) remains primarily liable and responsible for the unauthorized use and disclosing of the disclosing party’s Confidential Information, (b) will protect the confidentiality of disclosing party's Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care); and (c) will ensure that the disclosing party’s Confidential Information is used only to exercise rights and fulfill obligations under these Terms. If recipient is compelled by law to disclose the disclosing party’s Confidential Information, it will provide disclosing party with prior written notice of such compelled disclosure (to the extent legally permitted) and will provide disclosing party reasonable assistance, at disclosing party's cost, if disclosing party wishes to seek to protect, quash or otherwise contest the disclosure. We will also disclose your Confidential Information to law enforcement agencies or as otherwise required to comply with applicable law, regulation, legal process or subpoena.  Each party will collect, maintain and handle all personal data in compliance with all applicable data privacy and protection laws and their respective posted privacy policies.  Recipient will promptly notify disclosing party if it becomes aware of any actual or reasonably suspected unauthorized use or disclosure of the disclosing party’s Confidential Information and will assist in the investigation, remediation, notification and reporting.

In order to resolve a complaint or concern regarding the Site or Service or these Terms or to provide feedback or suggestions or receive further information regarding use of the Site, Content or Service, please contact us at:

Ajmera Infotech Inc.
3031 Tisch Way, Suite #110PW
San Jose, CA 95128
United States
Phone: (+1)4089132345
Email: info@ajmerainfotech.com