Terms of Service

Terms of Service – India

Version 1.1 Last updated on: 13th April, 2023.

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND POTENTIA GROWTH TECHNOLOGIES PVT. LTD. (HEREINAFTER “POTENTIA”) GOVERNING YOUR USE OF V-CONNECT ONLINE LEARNING EXPERIENCE SOFTWARE IF YOU ARE BASED IN INDIA. IF YOU ARE NOT BASED IN INDIA, OUR GLOBAL TERMS OF SERVICE WILL APPLY.

1. Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

2. Acceptance of the Agreement:

Please read this agreement carefully, if you do not agree to the General Terms cease to use Potentia’s Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. 

By accessing or using our services 

1. you warrant to Potentia that you have the legal capacity to enter into a legally binding agreement with  Potentia.
2. agree to use the Services in accordance with this Agreement.

3. Description of Service:

Potentia provides cloud software and applications for businesses, including associated offline support (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. 

4. Beta Service:

From time to time, Potentia may offer certain beta services and or features available to you. You acknowledge and agree that Beta Services have not been completely tested and are provided ‘as is’. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service.  You acknowledge and agree that, to the fullest extent permitted by law, Potentia will have no Liability in relation to such Beta Services.

5. Free/ Promotional Trial:

If you register for a free or promotional trial of one or more Services, the Services will be available to you on a trial basis free of charge or at discounted rate until the earlier of 

1. the end of the free trial period or promotional subscription period as applicable (unless terminated earlier by you), 
2. the start date of the paid subscription period, or 
3. termination by Potentia in its sole discretion. Any data stored, and any customizations made to the Services during the free trial will be permanently lost unless you 

1. purchase the paid subscription plan , 
2. purchase applicable Service upgrades, or 
3. export such data before the end of the trial period.

Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.

6. User Sign up Obligations:

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, it is recommended that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, Potentia recommends that you use your corporate email address. You agree to provide true, accurate, current and complete information about yourself ; If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Potentia has reasonable grounds to suspect, Potentia may terminate your user account and refuse current or future use of any or all of the Services.

7. Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: 

(i) transfer the Services or otherwise make it available to any third party; 

(ii) provide any service other than the intended services, based on the Services without prior written permission; 

(iii) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; 

(iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; 

(v) use the third party links to sites without agreeing to their website terms & conditions; 

(vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; 

(vii) attempt to gain unauthorized access to the Services or its related systems or network; 

(viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, its components and the data contained therein; 

(ix) use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; 

(xi) upload, store, or share any information that belongs to another person or entity and to which you do not have   consent or permission from such person or entity; 

(xii) violate any applicable local, state, national or international law; 

(xiii) use the Services for any form of competitive or benchmarking purposes;

(xiv) remove or obscure any proprietary or other notices contained in the Services; 

(xv) use our Services in any manner that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with other countries, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other countries;

 (xvi) create a false identity to mislead any person as to the identity or origin of any communication; (xvii) use the services for transmitting information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or (xviii) use the services in a manner that relates to or encourages any activity prohibited by law in India.

8. Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libellous, invasive of another’s privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. Potentia reserves the right to terminate your access to the Services if there are reasonable grounds.

9. Third Party Applications

V-Connect Services integrate with many third party applications (hereinafter “Third Party Application(s)”).  You are responsible for reading, understanding and accepting the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Potentia is not liable for any Third Party Applications. While Potentia will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Potentia may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from V-Connect Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

10. Fees and Payments

The Services are available under subscription plans of various durations. Payments for subscription plans can be made only by accepted forms of payment and will not include cash payment either directly or indirectly. Your subscription will be automatically renewed at the end  the subscription period unless you downgrade  to different plan or inform Potentia that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the payment account last used by you.  Potentia shall provide you the option of changing the details if you would like the payment for the renewal to be made through a different payment account. If you do not wish to renew the subscription, you must inform us at least fifteen days prior to the renewal date. 

From time to time, Potentia may change the price of any Service or charge for use of Services that are currently available. Any increase in charges will not apply until the expiry of your current billing cycle. 

In the event any tax such as GST, VAT, sales tax or the like is chargeable by Potentia in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services (“Taxes”), Potentia will invoice you for such Taxes. You agree to pay Potentia such Taxes in addition to the subscription fees. Potentia shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.

11. Organization Accounts and Administrators

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for (i) ensuring confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Potentia is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to [email protected], provided that the process is acceptable to Potentia. In the absence of any specified administrator account recovery process, Potentia may provide control of an administrator account to an individual providing proof satisfactory to Potentia demonstrating authorization to act on behalf of the organization. You agree not to hold Potentia liable for the consequences of any action taken by Potentia in good faith in this regard.

12. Personal Information and Privacy

Personal information you provide to V-Connect through the Service is governed by V-Connect Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the V-Connect Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to [email protected]. Potentia is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

13. Communications from Potentia

The Service may include certain communications from Potentia, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, Potentia shall also provide you the option of opting out from receiving newsletters a. However, you will not be able to opt-out from receiving service announcements and administrative messages.

14. Complaints

If Potentia receives a complaint from any person with respect to your activities as part of use of the Services (other than where the grievance redressal mechanism provided under the head “Grievance Redressal” applies), Potentia will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the forwarded complaint  and copy Potentia in the communication. If you do not respond to the complainant within 10 days from the date of Potentia’s email to you, Potentia may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Potentia to the complainant.

15. Grievance Redressal

In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, our Grievance Officer, Madhavi. K, can be contacted by sending an email to [email protected].

16. Inactive User Accounts Policy

Potentia reserves the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. Potentia will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

17. Data Ownership

You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Potentia the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Potentia’s commercial, marketing or any similar purpose. But you grant Potentia permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

18. User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Potentia will have the right to block access to or remove such content made available by you if Potentia receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Potentia for this purpose.

19. Sample files and Applications

Potentia may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Potentia makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

20. Trademark

V-Connect, V-Connect logo, Potentia and Potentia logo, the names of individual Services and their logos are trademarks of Potentia Growth Technologies Private Limited. You agree not to display or use, in any manner, the V-Connect and Potentia trademarks, without Potentia’s prior permission.

21. Disclaimer of warranties

You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Potentia expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Potentia makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Potentia, its employees or representatives shall create any warranty not expressly stated in the agreement.

22. Limitations of Liability

You agree that Potentia shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Potentia has been advised of the possibility of such damage. In no event shall Potentia’s entire liability to you in respect of any service, whether direct or indirect, exceed twenty thousand rupees (₹ 20,000) or the fees paid by you during the twelve (12) months prior to the first event giving rise to such liability, whichever is lesser.

23. Indemnification

You agree to indemnify and hold harmless Potentia, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Agreement , or any other claim related to your use of the Services, except where such use is authorized by Potentia.

24. Governing law and Jurisdiction

Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Hyderabad in India in accordance with the laws of India without regard to conflict of law principles.

25. Suspension and Termination

Potentia may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. Potentia may terminate a suspended or disabled user account after thirty days or upon your request.

In addition, Potentia reserves the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Potentia breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

26. Modification of Terms of Service

Potentia may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If Potentia makes significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Potentia notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.

27. End Of Terms Of Service

If you have any questions or concerns regarding this Agreement, please contact us at [email protected]