Welcome to AudiTech, an online accounting management system designed especially for small businesses. These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.
These Terms are binding on any use of the Service and apply to You from the time that AudiTech provides You with access to the Service. You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
The AudiTech Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the AudiTech Service. AudiTech reserves the right to change these terms at any time, effective upon the posting of modified terms and it will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.
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, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if AudiTech has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, AudiTech may terminate your user account and refuse current or future use of any or all of the Services.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
" Agreement " Means these Terms of Use.
" Access Fee " Means the monthly/yearly (excluding any taxes and duties) payable by You in accordance with the Fee Schedule.
" Confidential Information " includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
" Data " Means any data inputted by You or with Your authority into the Website.
"Fee Schedule" Means the information relating to subscriptions and billing set out on theAudiTech subscriptions and billing pages on the www.auditech.ai, or any other page(s) on the Website notified by AudiTech, which may be updated or amended by AudiTech from time to time.
"Intellectual Property Right" Means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Service" Means the online/offline accounting and personal finance management services made available (as may be changed or updated from time to time by AudiTech) via the Website.
"Website" Means the Internet site at the domain or any other site operated by AudiTech.
" AudiTech " Means AudiTech Innovations Pvt. Ltd. which is registered in India.
“ Trademark ” AudiTech , AudiTech logo, the names of individual Services and their logos are trademarks of AudiTech Corporation. You agree not to display or use, in any manner, the AudiTech trademarks, without AudiTech prior permission.
"Invited User" Means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
"Subscriber" Means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
"You" Means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.
AudiTech grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
2.1. The Subscriber determines who is an Invited User and what level of user role access to the relevant organization and Service that Invited User has;
2.2. The Subscriber is responsible for all Invited Users’ use of the Service;
2.3. The Subscriber controls each Invited User’s level of access to the relevant organization and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
2.4. If there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
2.5. Subscription to Beta Service
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. 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. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that AudiTech will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
2.6. Sample files and Applications
AudiTech 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. AudiTech makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
3.1. Payment obligations
An invoice for the Access Fee will be issued each month/yearly in accordance with the details set out in the Fee Schedule. AudiTech will continue invoicing You in accordance with the Fee Schedule until this Agreement is terminated in accordance with clause 8.
All AudiTech invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. Payment of all amounts specified in an invoice must be paid in accordance with the Fee Schedule. You are responsible for payment of all taxes and duties in addition to the Access Fee.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
3.2. Refund Policy
At AudiTech we strive to create quality software that you enjoy using for your business or professional life. You have a number of choices and we appreciate you giving us your business. Thank You.
Once you have paid for any of the plan, there is no refund. We do not refund that you have already paid as we are already offering 15 days of trial period for you to evaluate the app.
Please note that we will not entertain a request for refund (FULL or PRO-RATED) when we have suspended or terminated your access to AudiTech Services due to a violation of our terms of service.
However, if you have paid twice by mistake or your bank has charged you twice, In that case, we will definitely help you and refund your one transaction after verification.
3.3. Auto-Renewal
For your convenience, your monthly and yearly subscriptions will auto-renew until you cancel the service. Every time before your subscription auto-renews, we will send a mail specifying the amount that will be charged. Similarly, after each renewal we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount.
We know that sometimes customers forget to cancel an account they no longer want until it is has already been charged. That's why you can cancel your monthly/annual subscription even five business days after your renewal date, and we will still process your cancellation and give you a FULL REFUND.
For questions, please e-mail support@auditech.ai
3.4. Preferential pricing or discounts
You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organizations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service ('Organizations'). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organizations. Without prejudice to any other rights thatAudiTech may have under these Terms or at law, AudiTech reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organizations in the event that any invoices for those Access Fees are not paid in full in accordance with the requirements set out in the Fee Schedule.
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by AudiTech or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
4.1. Automated Bank transaction data delivered into Your AudiTech account
Where available, automated bank account transaction data feeds are generally provided to You free of charge. However, AudiTech reserves the right to pass on any charges related to the provision of bank feed data on a case-by-case basis at AudiTech’s sole discretion. AudiTech would first inform You via email to indicate what those charges are likely to be (as such charges may vary depending on Your bank and Your volume of bank feeds). You have the option to decide to discontinue use of automated bank feeds at any time. To exercise this option, you must give AudiTech sufficient prior notice of which automated bank account transaction data feeds you want to discontinue. Upon receiving such notice AudiTech will arrange for such feeds to be terminated in accordance with each bank’s usual practices.
4.2. 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 made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. 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 AudiTech will have the right to block access to or remove such content made available by you if AudiTech 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 AudiTech for this purpose.
4.3. Data Ownership
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. But you grant AudiTech 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.
4.4. Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 60 days. In the event of such termination, all data associated with such user account will be deleted. We 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.
4.5. 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, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, 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. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
4.6. Complaints
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we 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 complaint forwarded by us and copy AudiTech in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we 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 AudiTech to the complainant.
4.7. Access conditions
You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify AudiTech of any unauthorized use of Your passwords or any other breach of security and AudiTech will reset Your password and You must take all other actions that AudiTech reasonably deems necessary to maintain or enhance the security of AudiTech’s computing systems and networks and Your access to the Services.
As a condition of these Terms, when accessing and using the Services, You must:
4.7.1. Not attempt to undermine the security or integrity of AudiTech’s computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
4.7.2. Not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
4.7.3. Not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
4.7.4. Not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
4.7.5. Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
4.7.6. Transfer the Services or otherwise make it available to any third party; provide any service based on the Services without prior written permission; use the third party links to sites without agreeing to their website terms & conditions; and
4.7.7. Post links to third party sites or use their logo, company name, etc. without their prior written permission; violate any applicable local, state, national or international law; and create a false identity to mislead any person as to the identity or origin of any communication.
4.8. Usage Limitations:
Use of the Service may be subject to limitations, any such limitations will be advised.
4.8.1. Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. AudiTech is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, AudiTech does reserve the right to remove any communication at any time in its sole discretion.
4.9. Indemnity
You indemnify AudiTech against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to AudiTech, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You. And also You agree to indemnify and hold harmless AudiTech, 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 Terms, or any other claim related to your use of the Services, except where such use is authorized by AudiTech.
5.1. Confidentiality
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
5.1.1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
5.1.2. Each party's obligations under this clause will survive termination of these Terms.
5.1.3. The provisions of clauses 5.1.1 and 5.1.2 shall not apply to any information which:
5.1.3.1. is or becomes public knowledge other than by a breach of this clause;
5.1.3.2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
5.1.3.3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
5.1.3.4. is independently developed without access to the Confidential Information.
5.2. Privacy
AudiTech maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy at auditech.ai and You will be taken to have accepted that policy when You accept these Terms.
5.3. Intellectual Property
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of AudiTech (or its licensors).
5.3.1. Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the AudiTech Access Fee when due. You grant AudiTech a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
5.3.2. Backup of Data
You must maintain copies of all Data inputted into the Service. AudiTech adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. AudiTech expressly excludes liability for any loss of Data no matter how caused.
5.3.3. Third-party applications and your Data
If You enable third-party applications for use in conjunction with the Services, You acknowledge that AudiTech may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. AudiTech shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
6.1. Authority
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
6.2. Acknowledgement
You acknowledge that:
6.2.1. You are authorized to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
6.2.2. AudiTech has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
6.2.2.1. You are responsible for ensuring that You have the right to do so;
6.2.2.2. You are responsible for authorizing any person who is given access to information or Data, and you agree that AudiTech has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and
6.2.2.3. You will indemnify AudiTech against any claims or loss relating to:
6.2.2.3.1. AudiTech’s refusal to provide any person access to Your information or Data in accordance with these Terms.
6.2.2.3.2. AudiTech’s making available information or Data to any person with Your authorization.
6.2.3. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
6.2.4. AudiTech does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. AudiTech is not in any way responsible for any such interference or prevention of Your access or use of the Services.
6.2.5. AudiTech is not Your accountant and use of the Services does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant.
6.2.6. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
6.2.7. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
6.3. No warranties
AudiTech gives no warranty about the Services. Without limiting the foregoing, AudiTech does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
6.4. Consumer guarantees
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
7.1. To the maximum extent permitted by law, AudiTech excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
7.2. If You suffer loss or damage as a result of AudiTech’s negligence or failure to comply with these Terms, any claim by You against AudiTech arising from AudiTech’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
7.3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
7.4. YOU AGREE THAT AUDITECH 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 AUDITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL AUDITECH’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
8.1. Trial policy
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed when You first add Your billing details into the Services, as set out in more detail in the Fee Schedule. If You choose not to continue using the Services, You may delete Your organization from the Services.
8.2. Prepaid Subscriptions
AudiTech will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
8.3. No-fault termination
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee in accordance with the Fee Schedule, unless either party terminates these Terms by giving at least one month’s advance written notice. If You elect to terminate these Terms by providing one month's’ advance written notice, You shall be liable to pay all relevant Access Fees up to and including the day of termination of these Terms.
8.4. Breach
If You:
8.4.1. breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
8.4.2. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are not paid in full in accordance with the requirements set out in the Fee Schedule); or
8.4.3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction, AudiTech may take any or all of the following actions, at its sole discretion:
8.4.3.1. Terminate this Agreement and Your use of the Services and the Website;
8.4.3.2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
8.4.3.3. Suspend or terminate access to all or any Data.
8.4.3.4. Take either of the actions in sub-clauses (d), (e) and (f) of this clause 8(4) in respect of any or all other persons whom You have authorized to have access to Your information or Data.
8.4.3.5. For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organizations (as defined at clause 3) is not made in accordance with the requirements set out in the Fee Schedule, AudiTech may: suspend or terminate Your use of the Service, the authority for all or any of Your Organizations to use the Service, or Your rights of access to all or any Data.
8.5. Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
8.5.1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
8.5.2. Immediately cease to use the Services and the Website.
8.6. Expiry or termination
Clauses 3.1, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
9.1. Technical Problems
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting AudiTech. If You still need technical help, please check the support provided online by AudiTech on the Website or failing that email us at support@auditech.ai.
9.2. Service availability
Whilst AudiTech intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason AudiTech has to interrupt the Services for longer periods than AudiTech would normally expect, AudiTech will use reasonable endeavours to publish in advance details of such activity on the Website.
10.1. Entire agreement
These Terms, together with the AudiTech Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and AudiTech relating to the Services and the other matters dealt with in these Terms.
10.2. Waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
10.3. Delays
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
10.4. No Assignment
You may not assign or transfer any rights to any other person without AudiTech’s prior written consent.
10.5. Governing law and jurisdiction
If You are a tax resident of the United States of America or the information or Data You are accessing using the Services and the Website is solely that of a person who is a tax resident in the United States of America at the time that You accept these terms then the laws of the State of California, U.S.A govern this Agreement and AudiTech and You agree that the U.S. Dispute Resolution Process described below applies for all disputes arising out of or in connection with this Agreement or in any way relating to the Service – PLEASE READ THE U.S. DISPUTE RESOLUTION PROCESS CAREFULLY AS IT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. In all other situations this Agreement is governed by the laws of India and You hereby submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India for all disputes arising out of or in connection with this Agreement.
10.6. Severability
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
10.7. Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to AudiTech must be sent to support@auditech.ai or to any other email address notified by email to You by AudiTech. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
10.8. Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
10.9. Consumers
AudiTech is not intended for consumer use (i.e., use for personal, family or household purposes).