Terms Of Use
Last Updated on Wednesday 20th, 2024
These Terms of Use (“Terms”) govern your access to and use of the Emossy software platform and related services (collectively, the “Service”) provided by Jlabee Tech Private Limited (“Emossy”, “we”, “us”, or “our”).
By accessing or using the Service, you (“you” or “User”) agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access or use the Service.
1. INTRODUCTION
Welcome to Emossy!
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Jlabee Tech Private Limited (“Emossy”, “we”, “us”, or “our”). This agreement governs your access to and use of the Emossy software platform and any related services offered by Emossy (collectively, the “Service”)
Understanding these Terms is Important:
By accessing or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. This includes registering for an account, using any features of the Service, or simply browsing the website. If you do not agree to all of these Terms, you are not authorized to access or use the Service.
Who are these Terms For?
These Terms apply to all users of the Service, including individual users, companies, organizations, and their authorized representatives. By using the Service on behalf of a company or organization, you represent that you have the authority to bind such entity to these Terms.
What does this Agreement Cover?
These Terms establish the ground rules for your use of the Emossy Service. They outline your rights and responsibilities, as well as Emossy’s obligations in providing the Service.
Key areas covered by this agreement include:
- User Accounts and Access: This section defines different user roles, account creation procedures, and acceptable user conduct.
- Intellectual Property: This section clarifies ownership of Emossy’s software and content, and restrictions on user access or use.
- Data Security and Privacy: This section outlines Emossy’s commitment to data security, storage practices, data ownership, and any third-party integrations.
- Termination and Data Removal: This section details procedures for account termination by Emossy or the user, and data export options.
- Warranties and Disclaimers: This section explains Emossy’s uptime commitment and limitations of liability regarding the Service.
- Additional Terms: This section covers miscellaneous provisions like dispute resolution, governing law, and survival of certain clauses.
Updates to these Terms:
Emossy reserves the right to update these Terms at any time. We will notify you of any changes by posting the revised Terms on the Emossy website or through the Service itself. Continued use of the Service after such revisions will constitute your acceptance of the updated Terms.
Contact Emossy:
If you have any questions regarding these Terms, please don’t hesitate to contact Emossy using the information provided in the Contact Information section below.
By using the Emossy Service, you acknowledge your acceptance of these Terms. We encourage you to review these Terms carefully and contact us if you have any questions.
2. USER ACCOUNTS AND ACCESS
This section outlines the policies regarding user accounts and access within the Emossy platform.
Emossy offers a role-based access control system to ensure data security and appropriate functionality for different user types. Here’s a breakdown of the typical roles:
- Administrator (Admin): This role has full access to the platform, including managing user accounts, system settings, and all data modules (e.g., company data, employee data).
- HR Manager: This role can manage employee data within designated modules (e.g., leave, payroll), access reports, and collaborate with Admins on user permissions.
- Employee: This role allows employees to access their personal data, submit requests (e.g., leave applications), and utilize specific features assigned by their HR department.
- Account Creation: New user accounts are typically created by an Administrator within the company. Emossy may require specific company information for verification during onboarding.
- User Credentials: Users are responsible for maintaining the confidentiality of their login credentials (username and password). Emossy recommends using strong passwords and enabling two-factor authentication (if available) for added security.
- User Information:Users are responsible for ensuring the accuracy and completeness of their personal information within the platform.
Emossy expects users to conduct themselves professionally and ethically while using the Service. Here are some key guidelines:
- Compliance with Laws Users must comply with all applicable laws and regulations while using the Service.
- Prohibited Activities:Activities such as data breaches, unauthorized access attempts, malicious software distribution, or using the Service for illegal purposes are strictly prohibited.
- Content Restrictions:Users are responsible for the content they upload or share through Emossy. Avoid uploading any content that is illegal, offensive, or violates intellectual property rights.
- Respect for Others:Users must treat other users with respect and avoid any discriminatory or harassing behaviour within the platform
3. INTELLECTUAL PROPERTY
3.1 Ownership
All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and all derivative works thereof, in and to the Service (including the Emossy software, content, and documentation) are owned by Emossy or its licensors. You acknowledge and agree that the Service is protected by intellectual property laws and treaties.
3.2 Use of Emossy Intellectual Property
Emossy grants you a non-exclusive, non-transferable license to access and use the Service for your internal business purposes only, in accordance with these Terms. You may not:
- Modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Service.
- Rent, lease, loan, sublicense, distribute, or otherwise transfer the Service to any third party.
- Remove or obscure any proprietary notices on the Service.
- Use the Service for any illegal or unauthorized purpose, including but not limited to violating any intellectual property laws or privacy rights.
3.3 User Content
You retain all ownership rights to the data and content you upload to the Service (“User Content”). However, by uploading User Content, you grant Emossy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and translate your User Content for the purpose of providing and improving the Service. You also warrant that you have all necessary rights and permissions to grant such license to Emossy.
3.4 Feedback
Any feedback, suggestions, or improvements you provide to Emossy regarding the Service (“Feedback”) shall be deemed the sole and exclusive property of Emossy. You hereby assign to Emossy all right, title, and interest in and to the Feedback, including all intellectual property rights. Emossy shall be free to use, reproduce, modify, publish, distribute, and exploit the Feedback in any manner it sees fit, without any obligation to compensate you.
4. DATA SECURITY AND PRIVACY
Emossy takes the security and privacy of your data very seriously. This section outlines our commitment to protecting your information and how we handle it.
4.1 Data Storage and Encryption
- All user data stored within Emossy is encrypted at rest and in transit using industry-standard encryption protocols (e.g., AES-256). This helps ensure the confidentiality of your data even in the event of a security breach.
- We utilize secure data centers with access controls and security measures to safeguard your information.
4.2 Data Ownership and Usage
- You retain ownership of all company and employee data you store within Emossy.
- Emossy does not claim ownership of this data and will only use it to provide the Service to you.
- We will not share your data with any third-party for marketing or advertising purposes without your explicit consent.
- Emossy may use anonymized and aggregated data derived from your use of the Service for internal analytics and reporting purposes. This anonymized data will not be used to identify any individual user or company.
4.3 Third-Party Integrations
- Emossy may integrate with certain third-party applications to provide additional features and functionality
- If you choose to integrate Emossy with a third-party application, you acknowledge that you are granting access to your data to that third-party.
- We encourage you to review the privacy policies of any third-party applications you integrate with Emossy.
- Emossy is not responsible for the security practices of any third-party applications.
4.4 User Responsibilities
- You are responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account.
- You should promptly notify Emossy of any unauthorized use of your account or any other security breach.
- You agree to comply with all applicable laws and regulations regarding the use of the Service and the data you store within it.
4.5 Data Retention and Deletion
- Emossy will retain your data for as long as your account is active or as needed to provide you with the Service.
- If you terminate your account, Emossy will provide you with a reasonable timeframe (e.g., 15 days) to export your data from the Service.
- After the export window closes, Emossy will delete your data from its servers in accordance with our data deletion policy.
4.6 Data Security Updates
- Emossy is committed to maintaining a secure environment for your data. We regularly review and update our security practices to address new threats and vulnerabilities.
- In the event of a data breach, Emossy will notify you promptly and take appropriate steps to mitigate the risk.
5. TERMINATION AND DATA REMOVAL
This section outlines the procedures for terminating your account with Emossy and the handling of your data upon termination.
5.1 Account Termination by Emossy
Emossy may terminate your account or suspend your access to the Service at any time, for any reason, with or without notice. This may include situations where Emossy believes you have violated these Terms, misused the Service, or for any other reason Emossy deems necessary.
5.2 Account Termination by User
You may terminate your account at any time by following the instructions provided within the Emossy Service or by contacting Emossy directly (refer to Contact Information section 14).
5.3 Data Export and Retrieval
Upon termination of your account, either by Emossy or by you, Emossy will provide you with a reasonable timeframe (at least 15 working days) to export your data from the Service. This data export functionality may include:
- Downloading data in a commonly used format (e.g., Excel, CSV) for modules like Projects, Helpdesk, Assets, Leave, Attendance, Payroll, Reimbursement, Employee data, etc.
- Exporting specific reports or information based on user permissions.
- Data Retention Period: you may choose to specify a data retention period beyond the initial data export window (e.g., for legal or compliance purposes). However, this would require Emossy to have clear justifications for retaining the data.
- Data Deletion Request: If Emossy plans to offer the option to completely erase user data upon request (beyond the initial export window), you can outline the process for such requests.
- Residual Data: It’s important to clarify that even after data deletion, some anonymized or residual data may remain in Emossy’s systems for analytical or backup purposes.
6. WARRANTIES AND DISCLAIMERS
6.1 Uptime and Performance
Emossy strives to provide a reliable and available Service. However, we cannot guarantee 100% uptime or uninterrupted service. The Service may experience occasional downtime due to planned maintenance, unscheduled outages, or other factors beyond our control. Emossy will use commercially reasonable efforts to correct any known downtime as soon as possible.
6.2 Warranties and Limitations of Liability
A. Warranties:
The Service is provided “as is” and “as available” without warranty of any kind, express or implied. Emossy disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security
B. Limitations of Liability:
To the maximum extent permitted by applicable law, Emossy shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to:
- Your use or inability to use the Service;
- Errors, bugs, or inaccuracies in the content of the Service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service;
- Any interruption or cessation of the Service; or
- Any loss or damage of any kind incurred as a result of your use of the Service;
even if Emossy has been advised of the possibility of such damages. In no event shall Emossy’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount you paid to Emossy, if any, for accessing the Service.
C. Disclaimer of Consequential Damages:
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
D. Disclaimer of Third-Party Content:
The Service may contain links to third-party websites or services that are not owned or controlled by Emossy. Emossy does not endorse or assume any responsibility for any third-party content, products, services, or practices. You acknowledge and agree that Emossy shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, products, or services.
E. Force Majeure:
Emossy shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by an event beyond its reasonable control, such as acts of God, natural disasters, war, terrorism, strikes, or other similar events.
7. INDEMNIFICATION
7.1 You agree to defend, indemnify and hold harmless Emossy, its officers, directors, employees, agents, licensors, and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your breach of these Terms: This includes any violation of your user obligations, unauthorized access to or use of the Service, or misuse of any data or functionality within the Emossy platform.
- Your use of the Service: This covers any activity you perform while using Emossy, including infringement of intellectual property rights, defamation, invasion of privacy, or any other violation of law or regulation.
- Your User Content: This encompasses any data you upload, store, or transmit through the Service. You are responsible for ensuring your User Content does not infringe on the rights of others or violate any laws.
- Third-Party Claims: If your use of the Service results in a claim from a third party, you agree to indemnify Emossy for any associated costs or damages.
7.2 Our Right to Defend and Control the Proceedings
Emossy reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Emossy in defending such claims.
7.3 Limitation on Indemnification
Our right to indemnification under this Section is not limited by any other provision of these Terms.
8. ELECTRONIC COMMUNICATIONS
8.1 Scope of Electronic Communications
- We may communicate with you electronically by email, in-app notifications, or by posting notices on the Service.
- You agree to receive all communications that we provide electronically, including but not limited to agreements, policies, disclosures, receipts, invoices, and security notices.
- You agree that all electronic communications that we provide to you satisfy any legal requirement that such communications be in writing.
8.2 Your Consent to Receive Electronic Communications
You hereby consent to receive all communications related to your use of the Service, including those of a promotional nature, through the email address you provided during registration or as updated by you later. You can withdraw your consent to receive promotional emails by following the “unsubscribe” instructions included in such emails or by contacting us at [email protected] and contact number +91 9109765022. However, you will still receive non-promotional communications that are necessary for your use of the Service.
8.3 Your Obligations Regarding Electronic Communications
You are responsible for maintaining the accuracy of your email address and other contact information associated with your account. You agree to promptly update your information by contacting us if it changes.
8.4 Retention of Electronic Communications
We may retain electronic communications between you and Emossy as required by law or regulation or for other legitimate business purposes.
8.5 Formatting of Electronic Communications
9. SYSTEM OUTAGES AND MAINTENANCE
Emossy strives to provide a reliable and consistent Service. However, we understand that unplanned outages and maintenance procedures can sometimes occur. This section outlines our approach to system outages and maintenance:
9.1 Scheduled Maintenance:
- Emossy will perform scheduled maintenance on the Service periodically to improve performance, security, and functionality.
- We will use commercially reasonable efforts to provide advance notice of scheduled maintenance through in-app notifications, email, or on our website.
- Whenever possible, scheduled maintenance will be conducted during off-peak hours to minimize disruption to users.
9.2 Unscheduled Outages:
- Emossy will use commercially reasonable efforts to promptly address and resolve any unscheduled outages that may occur.
- We will keep users informed about the status of unscheduled outages through in-app notifications, email, or on our website, whenever feasible.
9.3 Service Availability:
- Emossy does not guarantee 100% uptime of the Service. While we strive for high availability, the Service may be interrupted from time to time due to factors beyond our control, including:
- Power outages, internet outages, or disruptions at our data centers.
- Hardware or software failures.
- Security incidents.
- Scheduled or unscheduled maintenance.
- Emossy will not be liable for any damages or losses arising from any service interruptions or downtime.
9.4 User Responsibilities:
- Users are responsible for maintaining their own internet connection and equipment necessary to access the Service.
- We encourage users to regularly back up their data stored within the Service.
9.5 Communication:
- Emossy will communicate any planned maintenance or significant service disruptions through the methods mentioned above.
- Users are encouraged to report any issues they encounter with the Service to our support team at [email protected] or +91 9109765022.
10. FEEDBACK AND SUGGESTIONS
We welcome your feedback and suggestions for improving the Service (“Feedback”). You agree that any Feedback you provide to Emossy will become the sole and exclusive property of Emossy, and Emossy will be entitled to use and disclose the Feedback for any purpose, in its sole discretion, without any obligation to compensate you for such use or disclosure.
You acknowledge that Emossy may not treat Feedback as confidential. By submitting Feedback, you waive any moral rights you may have in the Feedback under applicable laws. You further agree that any Feedback you provide is provided “as is” and without warranty of any kind.
11. MODIFICATIONS TO TERMS OF USE
Emossy reserves the right to update and modify these Terms of Use at any time. We will endeavour to provide reasonable notice of any material changes to the Terms of Use. This may be done through various methods, including:
- Posting the revised Terms of Use on the Emossy website.
- Sending an email notification to Users with the highlights of the changes.
- Displaying a notification within the Emossy application itself.
Emossy reserves the right to update and modify these Terms of Use at any time. We will endeavour to provide reasonable notice of any material changes to the Terms of Use. This may be done through various methods, including:
12. DISPUTE RESOLUTION
Emossy is committed to resolving disputes with users in a timely and efficient manner. We encourage you to contact us directly if you have any concerns or disputes. We will try our best to resolve them informally. However, if a formal dispute arises, this section outlines the process for resolution.
12.1 Attempts to Resolve Disputes Informally
Before resorting to formal proceedings, we encourage you to contact our customer support team at [email protected] or +91 9109765022. We will attempt to resolve the dispute through informal communication and negotiation.
12.2 Arbitration
- If the dispute cannot be resolved informally within 30 (thirty) days of initiating the informal process, you and Emossy agree to submit the dispute to binding arbitration in accordance with the rules of DIAC (Arbitration Proceedings) Rules, 2023.
- The arbitration will be conducted in Indore, Madhya Pradesh, India or another mutually agreed-upon location
- The arbitration will be conducted by a single arbitrator selected according to the rules of the chosen arbitration organization.
- The arbitrator’s decision will be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12.3 Exceptions to Arbitration
This arbitration agreement does not apply to claims of intellectual property infringement or misappropriation of trade secrets brought by either party.
12.4 Class Action Waiver
You and Emossy agree that any arbitration proceeding will be conducted on an individual basis and not in a class action or consolidated arbitration format.
- Your use or inability to use the Service;
- Errors, bugs, or inaccuracies in the content of the Service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Service;
- Any interruption or cessation of the Service; or
- Any loss or damage of any kind incurred as a result of your use of the Service;
12.5 Costs of Arbitration
Each party will be responsible for its own attorney fees and other arbitration expenses.
12.6 Right to Opt-Out
You have the right to opt-out of this arbitration agreement within 7 (seven) days of agreeing to these Terms. To opt-out, you must send a written notice to 465, Sai Kripa Colony, Scheme No. 171, Indore, Madhya Pradesh, 452010 or [email protected], stating your intention to opt-out of the arbitration agreement.
12.7 Governing Law
These Terms of Use and the resolution of any disputes arising hereunder shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws provisions.
13. ADDITIONAL TERMS
This section outlines various additional legal considerations that apply to your use of the Emossy Service.
13.1 Survival
Certain provisions of these Terms shall survive the termination of this Agreement, including, but not limited to, those relating to:
- Data Ownership (Section 4.2)
- Intellectual Property Rights (Section 3)
- Indemnification (Section 7)
- Limitation of Liability (Section 13.4)
These provisions will continue to be enforceable after you or Emossy terminate your account or use of the Service.
13.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect
13.3 Force Majeure
Neither Emossy nor you shall be liable for any delay or failure in performance due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, labour strikes, electrical outages, or governmental actions.
13.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMOSSY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, OR PERSONAL INJURY, EVEN IF EMOSSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.5 Entire Agreement
These Terms constitute the entire agreement between you and Emossy regarding your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
14. Contact Information
If you have any questions about these Terms of Use or the Service, please feel free to contact us using the following methods:
- Email: [email protected]
- Phone: +91 952 226 2841 (Monday-Friday, 9:00 AM to 5:00 PM IST)
- Website: https://www.emossy.com/
You can also contact us by mail at the following address:
Jlabee Tech Private Limited, 465, Sai Kripa Colony, Scheme No. 171, Indore, Madhya Pradesh, 452010.
