Our terms
- Sale
- Service
General Terms of Sale
These General Terms of Sale govern the sale of products and services by Sriven Solutions Ltd. and its affiliates (collectively, “Sriven Solutions”) to the client. Additional terms may apply for services provided by Sriven Solutions (such as the Enterprise Subscription Agreement). If these additional terms conflict with the General Terms of Sale, the additional terms will take precedence.
Acceptance of Terms
Please read these terms carefully before placing an order with Sriven Solutions. By placing an order with Sriven Solutions, the client agrees to these terms.
Waiver of Client’s Terms
The client explicitly waives its own standard terms and conditions, even if they were drawn up after these General Terms of Sale. Any exceptions must be agreed upon in writing in advance to be valid.
Payment Terms
Invoices are payable within 7 working days, unless otherwise specified on the invoice or order. In the event of non-payment by the due date, Sriven Solutions reserves the right to charge a fixed interest fee of 15% on the remaining due amount. Sriven Solutions may suspend any services without prior notice in the event of late payment.
If a payment remains outstanding more than sixty (60) days after the due date, Sriven Solutions reserves the right to employ a debt recovery company. All legal expenses will be borne by the client.
Withholding Tax
Certain countries impose withholding taxes on invoices as per their legislation. Any withholding tax must be paid by the client to the tax authorities. Sriven Solutions will not bear any costs related to such legislation. The full invoice amount remains payable to Sriven Solutions, exclusive of any such costs.
Pricing for Global Clients
For clients with a global presence, pricing will be based on the location with the highest price list, unless otherwise specified in writing at the time of purchase.
Monthly Subscriptions
Monthly subscriptions for hosting on the Cloud Platform (myworkwise 360) are available. Payment can only be made by credit card or an equivalent supported automatic debit method. Sriven Solutions reserves the right to refuse any monthly subscription that does not meet these conditions.
Service Provision
Sriven Solutions will make every effort to deliver services on time as per agreed timeframes. However, these obligations are not to be considered as guarantees of specific results. Sriven Solutions will not be required to act as a third party in any client-end consumer dispute.
Claims
To be valid, any claims must be notified to Sriven Solutions by recorded delivery to its registered office within 8 days of the delivery of goods or provision of services.
Limitation of Liability
To the maximum extent permitted by law, the aggregate liability of each party, along with its affiliates, will not exceed 50% of the total amount paid by the customer under these terms during the 12 months preceding the date of the event giving rise to such a claim. Multiple claims do not extend this limitation.
Modification of Terms
Sriven Solutions reserves the right to modify these terms at any time without prior notice. Clients will be subject to the terms in force at the time of acceptance of those terms.
Governing Law and Jurisdiction
All contractual relations will be governed exclusively by UK law. Any disputes will be subject to the exclusive jurisdiction of the courts of Bedford, UK.
Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER ‘YOU’ or ‘YOUR’ ‘CUSTOMER’) AND SRIVEN SOLUTIONS (HEREINAFTER ‘SRIVEN SOLUTIONS’) GOVERNING YOUR USE OF THE MYWORKWISE360 APPLICATION.
The terms and conditions of this agreement apply to any and all use of the service by the customer, including during any demo or trial period. By using the service, the customer, on its behalf and its users’ behalf, agrees and consents to be bound by the terms and conditions of this agreement. This agreement, as amended from time to time, is between the customer and MyWorkWise360 and applies to all dealings and use of the service by the customer. This agreement is effective as of July 2024.
Acceptance of the Agreement
You must be of legal age to enter into a binding agreement in order to accept this Agreement. If you do not agree to the General Terms, please refrain from using any of our Services. Should you agree to the General Terms but not to any Service-Specific Terms, you must avoid using the corresponding Service. Your acceptance of the Agreement can be indicated by checking a checkbox, clicking a button indicating your acceptance, or by actively using the Services.
User Registration Requirements
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. Specifically, we recommend using your corporate email address. You agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during sign-up to ensure it remains true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Sriven Solutions has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Sriven Solutions may terminate your user account and refuse current or future use of any or all of the Services.
Description of Service
Sriven Solutions provides cloud software and applications for businesses, including associated offline and mobile applications (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purposes within the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. With your user account, you can create and edit content, and if you choose to do so, you can publish and share such content.
Trial Services (BETA)
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 Sriven Solutions has 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 Sriven Solutions 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.
Trial Period
If you register for a free trial of one or more Services offered by Sriven Solutions or Myworkwise360 application, we will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable Services (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable Services, or (iii) termination by Sriven Solutions in its sole discretion. Any data that you enter into the Services, and any customizations made to the Services during the free trial, will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) 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.
Charges and Payments
The Services are available under subscription plans of various durations. Your subscription will not be automatically renewed at the end of each subscription period. Instead, we will send you reminders 1 month, 15 days, and 3 days before your plan expires. If you wish to continue your subscription, you will need to manually renew it before the expiration date.
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.
In the event any tax such as GST, VAT, sales tax, or the like is chargeable by Sriven Solutions in accordance with any local, state, provincial, or foreign laws with respect to your subscription to our Services (“Taxes”), Sriven Solutions will invoice you for such Taxes. You agree to pay Sriven Solutions such Taxes in addition to the subscription fees. Sriven Solutions 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.
Usage Restrictions
In addition to all other terms and conditions of this Agreement, you shall not:
- Transfer the Services or otherwise make them available to any third party
- Provide any service based on the Services without prior written permission
- Allow user licenses to be shared or used by more than one individual other than by reassigning the user license to a new user
- Except as permitted under applicable law, attempt to disassemble, reverse engineer, or decompile the Services
- Use third-party links to sites without agreeing to their website terms & conditions
- Post links to third-party sites or use their logo, company name, etc., without their prior written permission
- Attempt to gain unauthorized access to the Services or its related systems or network
- Use the Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Sriven Solutions
- Use the Services to send or store material containing software viruses, worms, or other harmful computer codes, files, scripts, or programs
- Use the Services in any manner that interferes with or disrupts the integrity, security, or performance of the Services, its components, and the data contained therein
- Host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity without consent or permission
- Violate any applicable local, state, national, or international law
- Use the Services for any form of competitive or benchmarking purposes
- Remove or obscure any proprietary or other notices contained in the Services
- Use our Services in any manner that threatens the unity, integrity, defense, security, or sovereignty of nation, friendly relations with other countries, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to other countries
- Create a false identity to mislead any person as to the identity or origin of any communication
- 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 Use the Services in a manner that relates to or encourages any activity prohibited by law in respective nation.
Prohibited 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, libelous, 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. Sriven Solutions reserves 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.
Third Party Integrations
MyWorkWise360 Services integrates with many third-party applications (hereinafter “Third Party Applications”). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Sriven Solutions is not liable for any Third Party Applications. While we will try to provide you with advance notice whenever reasonably possible, you acknowledge and agree that Sriven Solutions may, at any time and in our sole discretion, and without any notice to you, suspend, restrict, or disable access to or remove from Sriven Solutions 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.
Corporate Accounts and Administrators
When you sign up for an account for your organization, you may specify one or more administrators. These administrators will have the right to configure the Services based on your requirements and manage end users within 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 the administrator role for your organization. Ensure that you enter into a suitable agreement with such third party specifying their roles and restrictions as an administrator of your organization account.
You are responsible for:
- Ensuring the confidentiality of your organization account password,
- Appointing competent individuals as administrators to manage your organization account, and
- Ensuring that all activities occurring in connection with your organization account comply with this Agreement.
You understand that Sriven Solutions is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps to ensure that your organization does not lose control of the administrator accounts. You may specify a process for recovering control in the event of such loss by sending an email to legal@myworkwise360.com, provided that the process is acceptable to Sriven Solutions. In the absence of any specified administrator account recovery process, Sriven Solutions may provide control of an administrator account to an individual providing proof satisfactory to Sriven Solutions demonstrating authorization to act on behalf of the organization. You agree not to hold Sriven Solutions liable for the consequences of any action taken in good faith by Sriven Solutions in this regard.
Privacy and Personal Information
Personal information you provide to Sriven Solutions through the Service is governed by Sriven Solutions Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Sriven Solutions Ltd Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. All activities that occur in your user account are your responsibility, and you agree to inform us immediately of any unauthorized use of your user account by emailing info@myworkwise360.com or by calling us on any of the numbers listed on our contact page. Sriven Solutions is not liable for any loss or damage incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Communications from Sriven Solutions Ltd
The Service may include certain communications from Sriven Solutions Ltd, such as service announcements, administrative messages, and newsletters. You understand that these communications are considered part of using the Services. As part of our policy to provide you with total privacy, we also offer you the option to opt-out of receiving newsletters from us. However, please note that you will not be able to opt-out from receiving service announcements and administrative messages, as they are essential for the operation of the Services.
Handling Complaints
If Sriven Solutions receives a complaint from any person regarding your activities as part of using 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 Sriven Solutions in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, Sriven Solutions Ltd may disclose your name and contact information to the complainant to enable them to take legal action against you.
You understand that your failure to respond to the forwarded complaint within the 10-day time limit will be construed as your consent to the disclosure of your name and contact information by Sriven Solutions to the complainant.
Ownership of Data
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Sriven Solutions Ltd the license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account for Sriven Solutions Ltd’s commercial, marketing, or any similar purposes.
However, you grant Sriven Solutions Ltd 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. This access is limited to actions necessary for the operation and support of the Services, such as data backup, troubleshooting, and other administrative tasks to ensure service quality and functionality.
Your content remains under your control, and you can manage permissions and settings according to your preferences. Sriven Solutions Ltd is committed to protecting your data and ensuring that it is used strictly within the scope of service provision.
Service Hosting Location
The location of the cloud facility from which you are served depends on the mapping of your region/country to the available cloud facilities at the time of your sign-up. We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point in time.
You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined based on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, Sriven Solutions Ltd may take appropriate action, such as migrating your account or requiring you to migrate your account to the cloud facility corresponding to your region/country, or closing your account and denying the Service to you.
If you are served from a cloud facility outside your region/country and Sriven Solutions Ltd has an office in your region/country, apart from storing the data in the cloud facility assigned to you, we may store a local copy of the data in your region/country. This is done to ensure data accessibility and compliance with local regulations, providing an additional layer of data redundancy and security.
Your compliance with accurate regional information is crucial for maintaining the integrity and security of our Services, and for ensuring that you receive the best possible service aligned with regional laws and standards.
Policy on Inactive Accounts
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. Upon such termination, all data associated with the inactive user account will be deleted. We will provide you with prior notice of such termination and offer you the option to back up your data. This data deletion policy may be implemented with respect to any or all of the Services provided. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. This means that activity in one Service alone is not sufficient to keep your user account active across all Services. For accounts with multiple users, if at least one user remains active, the account will not be considered inactive.
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. 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). By making any copyrighted or copyrightable content available on any of the Services, you affirm that you have the consent, authorization, or permission 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 as aforementioned, you expressly agree that Sriven Solutions Ltd will have the right to block access to or remove such content if Sriven Solutions Ltd 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 the determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Sriven Solutions Ltd for this purpose.
Example Files and Applications
Sriven Solutions Ltd 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. Sriven Solutions Ltd makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications. These samples are provided solely for illustrative purposes and should not be relied upon for any actual business operations or decisions. Users are encouraged to create and use their own files and applications tailored to their specific needs.
Intellectual Property
‘myworkwise360‘, the myworkwise360 logo, the names of individual Services, and their logos are trademarks of Sriven Solutions Ltd. You agree not to display or use, in any manner, the myworkwise360 trademarks, without Sriven Solutions Ltd’s prior permission.
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. SRIVEN SOLUTIONS LTD 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. SRIVEN SOLUTIONS LTD 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 SRIVEN SOLUTIONS LTD, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Responsibility
You agree to indemnify and hold harmless Sriven Solutions Ltd, 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 violation of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by Sriven Solutions Ltd.
Applicable Law and Venue
The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement will depend on your billing address if you are a paid customer and your state or country of domicile in all other cases. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned herein in case of any dispute or lawsuit arising out of or in connection with this Agreement.
Account Suspension and Termination
We 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 the suspension or disabling of user accounts should be made to legal@myworkwise360.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve 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 Sriven Solutions Ltd breaches its obligations under this Agreement and in such event, you will be entitled to a prorated refund of any prepaid fees. Termination of a 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.
Modification of Terms of Service
We may modify this Agreement upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make 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 Sriven Solutions Ltd 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 the use of the Services. In the event of such termination, you will be entitled to a 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.
End Of Terms Of Service
If you have any questions or concerns regarding this Agreement, please contact us at legal@myworkwise360.com.