Terms And Services

By accessing or using the Service(s) or Website or authorizing or permitting any User or End-User to access or use the Service(s) or Website, You agree to be bound by these Terms.

Please read these terms of service (“Terms of Service”) and Our Privacy Policy (together, these “Terms”) carefully as they form a contract between the Customer, Users, End-Users or Candidates (“You”) and Us and govern use of and access to the Service(s) and Websites by You, Your Affiliates, Users and End-Users. In the event of a conflict between these Terms of Service and Our Privacy Policy, these Terms of Service shall prevail.

By accessing or using the Service(s) or Website or authorizing or permitting any User or End-User to access or use the Service(s) or Website, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You“, “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.

Persons who are competent of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to access, use or register on the Website and avail the Service(s). In the event that, as a minor You wish to use the Website and / or Services, such use shall be made available to You upon the review of these Terms by Your legal guardian or parent(s) and upon them consenting to be bound by the Terms contained herein. if the details provided by You are false or inaccurate, Finkraft.ai shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by You.

Your rights

1.1 Introduction

These Terms are applicable during Your subscription to the Service(s) through a Subscription Plan of Your choice.

Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, and revocable right to access and use the Service(s) for Your internal business purposes. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Subscription Plans.

2. Your responsibilities

2.1 Your Account:

Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual. If You are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, You acknowledge that it is Your sole responsibility to obtain necessary consents from such clients. Without prejudice to Our obligations under Sections 9 and 10 of these Terms, You are solely responsible for the confidentiality of Service Data and User Login at Your end.You should, therefore, not share Your User Login with any third parties. In any event, unless You notify Us of any unauthorized use or suspicious activity in Your Account, You are responsible for all activities that occur under Your Account.Finkraft.ai will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing,TICL will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing,You are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.

2.2 Your use fo Servises

You agree not to (a) license, sublicense,transfer, assign, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms; (b) use the Service(s) to Process data on behalf of any third party other than Your Users and End-Users; (c) modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks; (d) falsely imply any sponsorship or association with Us; (e) use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights; (h) use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components; (i) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s); (j) use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Service(s) to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103 or any health data or health information as that term is defined under Applicable Data Protection Law, unless expressly agreed to otherwise in writing by Us; (l) use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (m) establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists; (n) use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law; (o) use of the Service(s) for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology; (p) try to use, or use the Service(s) in violation of these Terms.

2.3 Loss of data

You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.

2.4 Cease of usage

If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.

3. Access to the service(s)

3.1 Unavailability of services

You may not be able to access or use the Service(s) (a) during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) (“Planned Downtime”), or (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

4. Changes to the service(s) and websites

4.1 Our Service(s):

We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements or updates (“Updates”). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.

4.2 Websites:

We may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). We may discontinue or change any part of Our Websites, that does not affect the Service(s), without notifying You. Our Websites may contain links to websites, content and resources provided by third parties (“Third Party Links”). These Third Party Links are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Links and are not responsible for Your access or use of these Third Party Links.

4.3 Improvements:

We may access and process the Service Data to modify, upgrade and enhance Our Service(s), Website and any other features or services, including nut not limited to the algorithm of the Service(s) or Website, any related software, codes, APIs, user interface, designs, etc., to ensure the quality of Your user experience and to service You in a better manner. We do not use or download the Service Data uploaded by You at any time for Our own use.

5. Intellectual property rights

Nothing in this Engagement Letter shall be construed as granting or conferring any rights, interests or intellectual property rights by assignment, license or otherwise, relating to any service provided by TICPL to the Client. Except for the limited right to use the TICPL dashboard and application as set forth above, all intellectual property, patent, copyright, trademark, trade secret and all other rights and interests in the development of the TICPL dashboard and application will remain the intellectual property of TICPL.

6. Third party integrations

we don’t have any third party integrations

7. Billing, plan modification and payments

Payment methods: You may pay the Charges through Your credit card, or other accepted payments method as specified in a Form. For payments, TICPL would raise the Invoice as per the terms set forth herein which will be payable within 45 working days from receipt of Invoice.TICPL will raise Invoices on a quarterly basis. It has been agreed that TICPL will work and Bill for all the Transactions across all the TMCs. Billing Cycle is Quaterly.TICPL to process data from 1st April 2022 onwards.Client is entitled to Deduct TDS under section 194J Technical services @ 2%.You can renew your services when ever the contract end.

Applicable Taxes: Unless otherwise stated, the service Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

8. Suspension and termination

Service will commence after EL is signed by both parties. The agreement shall stay valid until canceled by either party by submitting cancellation notice to the other in writing 90 days prior. IN WITNESS WHEREOF, the Parties hereto have executed this Engagement Letter as of the date first above written.

8.1 Suspension liability :

We shall not be liable to You or any other third party for suspension or termination of Your Account, or access to and use of the Service(s), if such suspension or termination is in accordance with these Terms.

8.2 Violation of terms

We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms.

We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days to cure or cease such activities. If You do not cure or cease such activities within said Free Trial Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated and all associated Service Data shall be deleted immediately and permanently.

8.3 Terminated by You

Service will commence after EL is signed by both parties. The agreement shall stay valid until canceled by either party by submitting cancellation notice to the other in writing 90 days prior.

IN WITNESS WHEREOF, the Parties here to have executed this Engagement Letter as of the date first above written.

8.4 Inactivity

We may suspend Your Account upon expiry or non-renewal of Your service. We shall retain any associated Service Data for a period of 6 months beyond which Your Account shall be terminated and all associated Service Data shall be deleted immediately and permanently.

8.5 Effect of Terminating Your Account:

  • 8.4.1 Data Export:

    We strongly recommend that You export all Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us, unless otherwise specified elsewhere herein or in the Supplemental Terms,Where the Service Data is retained as described herein, You may contact Us within such data retention period to export Your Service Data. Service Data cannot be recovered once it is deleted. Further, when Service Data is migrated from one data center to another upon Your request, We shall delete Service Data from the original data center after 15 days from such migration.

9. Confidentiality

9.1 Incompliance

To the extent that, in connection with this Engagement Letter, TICPL comes into possession of any proprietary or confidential information of the Client, TICPL will not disclose such information to any third party without the Client’s consent, except (a) as may be required by law, regulation, judicial or administrative process, or in accordance with applicable professional standards, or in connection with litigation pertaining hereto, or (b) to the extent such information (i) shall have otherwise become publicly available (including, without limitation, any information filed with any governmental agency and available to the public) other than as the result of a disclosure by TICPL in breach hereof, (ii) becomes available to TICPL on a non-confidential basis from a source other than the Client which TICPL believes is not prohibited from disclosing such information to TICPL by obligation to the Client, (iii) is known by TICPL prior to its receipt from the Client without any obligation of confidentiality with respect thereto, or (iv) is developed by TICPL independently of any disclosures made by the Client to TICPL of such information.

10. Data privacy and security

10.1 Security of Service Data:

We use appropriate technical and organizational measures to protect the Service Data that we Process. The measures we use are designed to provide a level of security appropriate to the risk of Processing your Service Data.

10.2 Disclosure

You understand that We shall Process Service Data in accordance with Applicable Data Protection Laws and the Data Processing Addendum which are incorporated into these Terms by reference and in accordance with Our Privacy Policy. You acknowledge and agree that Finkraft.ai may also access or disclose information about You, Your Account, Users or End-Users, including Service Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect TICPL or Our customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service(s); (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.

11. Data migration

During Your Subscription Term, You may request Us to import data into Your Account (“Data Migration“). You hereby understand, agree and acknowledge that We may access and process Your data in connection with providing You support during such Data Migration.

12. Communications from us

Apart from the communications specified in Our Privacy Policy, We may contact You directly via e-mail to notify You that:

  • You are in violation of these Terms;
  • A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose; or
  • You maintain an exceptionally high number of Users, an unusually high monthly ticket ratio per Users, an unusually high level of open tickets or other excessive stress on the Service(s).

13. Limited Liability

The Client acknowledges and accepts that TICPL is a service provider, who is helping the Client to calculate the GST input credit data reconciliation and supporting’s for availing the GST input credit and the Services which TICPL provides are dependent on information obtained from external parties like travel management companies, airlines, government portals etc. TICPL would provide the data on its application for the Client to access, download, review and claim the GST input tax and hence TICPL will not be held responsible for any loss incurred by the Client. Either party will not be liable for any direct or indirect loss occurring on account of this Engagement Letter.

14. Indemnification

14.1 Circumstances

If the use of the Service(s) by You has become, or in Our opinion is likely to become, the subject of any IP Claim (defined below), We may at Our own option and expense (a) procure for You the right to continue using the Service(s) as set forth hereunder; (b) replace or modify the Service(s) to make it non-infringing; or (c) if options (a) or (b) are not commercially and reasonably practicable as determined by Us, terminate Your subscription to the Service(s) and repay You, on a pro-rated basis, any Subscription Charges You have previously paid Us for the corresponding unused portion.

14.2 Indemnification by Us:

Subject to Your compliance with these Terms, We will indemnify and hold You harmless, from and against any claim brought against You by a third party alleging that the Service(s) You subscribed to infringes or misappropriates such third party’s valid patent, copyright, or trademark (an “IP Claim”). We shall, at Our expense, defend such IP Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys, provided that (a) You promptly notify Us of the threat or notice of such IP Claim; (b) We have or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such IP Claim; and (c) You fully cooperate with Us in connection therewith. We will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by You; (ii) modification of the Service(s) by anyone other than Us; or (iii) the combination, operation or use of the Service(s) with other hardware or software where the Service(s) would not by themselves be infringing.

14.3 Indemnification by You:

You will indemnify and hold Finkraft.ai harmless against any claim brought by a third party against Us, and their respective employees, officers, directors and agents arising from or related to use of the Service(s) or Websites by You in breach of these Terms or matters which You have expressly agreed to be responsible pursuant to these Terms.

15. Assignment

Except as provided below, neither Party may assign, transfer or delegate any of its rights or obligations hereunder (including, without limitation, interests or claims relating to this Engagement Letter) without the prior written consent of the other Party. TICPL may assign or subcontract its rights and obligations hereunder to any affiliate or related entity without the consent of the Client.

16. Limitations on actions

No action, regardless of form, relating to the Engagement Letter, may be brought by either party more than one year after the cause of action has accrued, except any action for non-payment of fees and expenses may be brought at any time whether before or after the expiration of the said one year period.

17. Severability; no waiver

The Engagement Letters and undertakings of the Client contained in the Engagement Letter to which these terms are attached, together with these terms, shall survive the expiration or termination of this Engagement Letter.

18. Export compliance and use restriction: federal government and use provision

The Service(s) and other Software or components of the Service(s) which We may provide or make available to You or Users may be subject to Indian laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Service(s), Software and such other components by You and Users. You shall not access or use the Service(s) if You are located in any jurisdiction in which the provision of the Service (s), Software or other components is prohibited under Indian or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Service(s) to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on any Indian government (or other government) list of persons or entities prohibited from receiving Indian exports, or transacting with any Indian person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Users to access or use the Service(s) in violation of any Indian or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from India and the country in which You and Your Users are located.

19. Relationship of the parties

It is understood and agreed that each of the Parties hereto is an independent contractor and that neither Party is, nor shall be considered to be, an agent, distributor, partner, fiduciary or representative of the other. Neither party shall act or represent itself, directly or by implication, in any such capacity in respect of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other.

20. Survival and interpretation:

The Engagement Letters and undertakings of the Client contained in the Engagement Letter to which these terms are attached, together with these terms, shall survive the expiration or termination of this Engagement Letter.

21. Notices; consent to electronic communications

21.1 Communication of Notices

All notices to be provided by Us to You under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or mail to the contact mailing address provided by You on any Form(s) or related document while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided for Your Account.

21.2 Issuance of notice

Our address for a notice to Us in writing Mail is support@finkraft.ai or contact on 9222666999

22. Anti-corruption

22.1 Anti-corruption

You agree that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Us at (support@finkraft.ai)

23. Governing law and dispute resolution

23.1 Governing laws

The terms of the Engagement Letter, including all appendices, and all matters relating to this Engagement Letter (whether in contract, statute, tort, shall be governed by and construed in accordance with India laws. It is irrevocably agreed that the courts of Mumbai shall have exclusive jurisdiction to hear and determine any disputes that may arise in connection with this Engagement Letter. If any provision of this Engagement Letter is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, the remaining provisions contained in this Engagement Letter shall otherwise continue in full force and effect, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and Engagement Letters of the parties set forth herein.

24. Entire engagement letter

These terms, including appendices, constitute the entire Engagement Letter between TICPL and the Client with respect to the Services, supersede all other oral and written representations, understanding or Engagement Letters relating to the engagement of TICPL by the Client, and may not be amended except by written Engagement Letter signed by the parties. In the event of any conflict, ambiguity, or inconsistency between these terms and the Engagement Letter to which these terms are attached, these terms shall govern and control. All notices hereunder shall be (i) in writing, (ii) delivered to the representatives of the parties at the addresses first set forth in the Engagement Letter, unless changed by either party by notice to the other party, and (iii) effective upon receipt.