Terms of Service

1. Introduction and Acceptance of Terms

Welcome to AppEnso! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "You," or "Your") and AppEnso ("We," "Us," or "Our").

By accessing or using any of AppEnso's software, mobile applications, Google Workspace add-ons, or related services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

We may update these Terms from time to time. We will notify you of any material changes by email to your registered address, notice on our website, or through in-app notification prior to the change becoming effective. Your continued use of the Services after such notification constitutes your acceptance of the revised Terms.

2. Definitions

For the purposes of these Terms:

• "AppEnso" refers to the service provider, Awesome Enterprises Private Limited.
• "Services" means all software, applications, Google Workspace add-ons, websites, and related offerings provided by AppEnso.
• "User/You" means any individual or entity accessing or using the Services.
• "Software/Applications" refers to standalone software or mobile applications developed and provided by AppEnso.
• "Google Workspace Add-ons" refers to add-ons and extensions developed by AppEnso for Google Workspace applications (e.g., Google Sheets, Docs, Gmail).
• "Content" means any data, information, text, graphics, photos, or other materials generated, provided, or uploaded by you or third parties through the Services.
• "Customer Personal Data": Any personal data or information (as defined by applicable data protection laws) processed by AppEnso on behalf of the Customer in connection with the Services.

3. User Accounts

3.1 Registration Requirements

• You must provide accurate, current, and complete information during registration.
• You must maintain and promptly update your account information to keep it accurate, current, and complete.
• You must be at least 13 years of age to use the Services.
• You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

• You are responsible for safeguarding your account password.
• You are responsible for all activities that occur under your account.
• You must notify AppEnso immediately at [email protected] of any unauthorized use of your account.
• AppEnso reserves the right to suspend or terminate accounts that violate these Terms.

3.3 Account Termination

AppEnso may suspend or terminate your account if:

• Any information provided during registration or thereafter proves to be inaccurate, false, or incomplete.
• You violate these Terms.
• You engage in fraudulent or illegal activities.
• Required by law or court order.

4. License to Use Our Services

4.1 Grant of License

Subject to your compliance with these Terms, AppEnso grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business or personal use, as applicable, solely in connection with the purpose for which the Services are provided.

4.2 Google Workspace Add-ons

For Google Workspace Add-ons:

• This license specifically pertains to the use of the add-on within your Google Workspace environment.
• Your use of Google Workspace and its associated services remains subject to Google's own terms and policies.
• AppEnso is not responsible for Google's services or their performance.

4.3 License Restrictions

You agree not to:

• Modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services.
• Resell, rent, lease, loan, or sublicense the Services.
• Use the Services for any illegal or unauthorized purpose.
• Remove any copyright, trademark, or other proprietary notices from the Services.
• Access the Services to build a competitive product or service.
• Use the Services in violation of any applicable laws or regulations.
• Exceed any usage limits imposed by AppEnso.

5. Intellectual Property Rights

5.1 Ownership

All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in and to the Services (including all software, applications, Google Workspace add-ons, documentation, designs, data, and content provided by AppEnso) are owned by or licensed to AppEnso.

5.2 Restrictions

These Terms do not grant you any right, title, or interest in any intellectual property owned by AppEnso, except for the limited license explicitly granted in Section 4.

5.3 Prohibition

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission from AppEnso.

5.4 Feedback and Suggestions

While we appreciate feedback, any suggestions, ideas, or feedback you provide about the Services may be used by AppEnso without any obligation to you. You agree that AppEnso may use, modify, and incorporate such feedback into our products and services, license and sublicense it, for any purpose without compensation to you.

6. Payment Terms

6.1 Fees and Payment

• You agree to pay all fees and applicable taxes as described on our website or within the Service.
• All payments are processed through third-party payment processors (e.g., PayPal, Stripe, Instamojo, Paddle, WooCommerce).
• AppEnso does not store your credit card details.
• Your payment is subject to the terms and privacy policies of the respective payment processor.

6.2 Billing

• Fees are billed in advance on a subscription basis (monthly or annual).
• IF YOUR ACCOUNT IS SET TO AUTO RENEWAL, OR IS IN A TRIAL PERIOD, APPENSO MAY AUTOMATICALLY CHARGE AT THE END OF THE TRIAL, OR FOR THE RENEWAL, UNLESS YOU NOTIFY APPENSO THAT YOU WANT TO CANCEL OR DISABLE AUTO RENEWAL.
• AppEnso reserves the right to change its pricing at any time, with reasonable notice to you.

6.3 Refunds

• If you enroll in the annual billing plan, fees are refundable within the first 30 days of the Services.
• Otherwise, fees are non-refundable except as required by applicable law.
• All fees are non-refundable unless otherwise expressly stated in a separate refund policy.

6.4 Taxes

• You are responsible for all applicable taxes.
• AppEnso will charge tax when required to do so.
• If you are required by law to withhold any taxes, you must provide AppEnso with an official tax receipt or other appropriate documentation.

6.5 Late Payment

AppEnso may suspend or terminate the Services if fees are 30 days past due.

7. User Responsibilities and Prohibited Conduct

7.1 Compliance

• You are solely responsible for your use of the Services and for any Content you create, transmit, or display through the Services.
• You must use the Services in compliance with all applicable laws and regulations.

7.2 Prohibited Activities

You agree not to use the Services to:

• Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonate any person or entity.
• Forge headers or otherwise manipulate identifiers to disguise the origin of any Content.
• Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Upload, post, or transmit any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit functionality.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Violate any applicable local, state, national, or international law, including regulations promulgated by the Indian government and laws of the jurisdiction where you reside.
• Use the Services for activities where use or failure of the Services could lead to physical damage, death, or personal injury.
• Collect or store personal data about other users without their consent.

7.3 Google Workspace Add-ons Specific

For Google Workspace Add-ons, you specifically agree to abide by Google's Acceptable Use Policy and any other relevant Google terms.

8. Content Provided by Users

8.1 Content Ownership

If our Services allow you to upload, submit, store, send, or receive content, you retain ownership of any intellectual property rights that you hold in that content.

8.2 License Grant

By providing Content to our Services, you grant AppEnso a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such Content for the purpose of operating, improving, and providing the Services to you.

8.3 Content Responsibility

• You are solely responsible for the Content you provide.
• You represent and warrant that you have all necessary rights and permissions to provide such Content.
• Your Content does not infringe on the rights of any third party.

8.4 Content Removal

AppEnso reserves the right to remove any Content that violates these Terms or is otherwise objectionable, in its sole discretion.

9. Disclaimers of Warranties

APPENSO DOES NOT WARRANT THAT:

• The Services will be uninterrupted, secure, or error-free.
• Defects will be corrected.
• The Services will meet your requirements or expectations.
• The Services will be available at any particular time or location.
• Any information obtained through the Services will be accurate or reliable.

FOR GOOGLE WORKSPACE ADD-ONS, APPENSO IS NOT RESPONSIBLE FOR THE FUNCTIONALITY, AVAILABILITY, OR POLICIES OF GOOGLE WORKSPACE OR ANY RELATED GOOGLE SERVICES.

We provide our Services using a commercially reasonable level of skill and care, but there are certain things that we don't promise about our Services.

10. Limitation of Liability

IN NO EVENT SHALL APPENSO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED INDIAN RUPEES (INR 100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless AppEnso, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

• Your (or anyone using your account's) violation of these Terms.
• Your use of the Services.
• Your Content.
• Your violation of any rights of another party.
• Your violation of any applicable laws.

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Uninstalling the software/add-on.
• Contacting [email protected].
• Using the account deletion feature in the Services.

12.2 Termination by AppEnso

AppEnso may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.3 Effect of Termination

Upon termination:

• Your right to use the Services will immediately cease.
• AppEnso may provide you access to export your data for a reasonable period.
• After a commercially reasonable period of time, AppEnso may delete any data relating to your account.
• All provisions of these Terms which by their nature should survive termination shall survive.

13. Governing Law and Jurisdiction

Exclusive Jurisdiction: You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be subject to the exclusive jurisdiction of the courts in Jaipur, Rajasthan, India.

14. Dispute Resolution

14.1 Amicable Resolution

In the event of any dispute arising out of or in connection with these Terms, both parties shall first attempt to resolve the dispute amicably through good faith negotiations.

14.2 Negotiation Period

If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate legal proceedings as specified in Section 13.

14.3 Arbitration (Optional)

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Jaipur, Rajasthan, India, in accordance with the Arbitration and Conciliation Act, 1996, as amended. The language of the arbitration shall be English.

15. Miscellaneous

15.1 Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

15.2 Entire Agreement

These Terms constitute the entire agreement between you and AppEnso regarding the use of the Services, superseding any prior agreements between you and AppEnso relating to your use of the Services.

15.3 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AppEnso's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Force Majeure

AppEnso shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.5 Assignment

You may not assign or transfer any part of this Agreement without the written consent of AppEnso. AppEnso may assign this Agreement without restriction to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

15.6 No Agency

AppEnso and you are not legal partners or agents, but are independent contractors.

15.7 Notices

Notices must be sent via email to [email protected] or via first class mail to our registered address. Notices to you may be sent to your registered email address.

15.8 Service Availability and Modifications

AppEnso reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AppEnso shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. AppEnso continually updates its Services. New features, functionality, and bug fixes may be introduced regularly.

15.9 Third-Party Services

The Services may integrate with or contain links to third-party websites, applications, or services (e.g., Google Workspace, payment processors, other integrations). Your use of such third-party services is subject to their respective terms and conditions and privacy policies. AppEnso is not responsible for the availability, content, or practices of these third-party services.

15.10 Data Protection and Privacy

Your use of the Services is also governed by our Privacy Policy, which details how AppEnso collects, uses, and protects your personal data. For organizational users, our Data Processing Agreement (DPA) further outlines our data processing obligations. By using the Services, you consent to such processing and you warrant that all data provided by you is accurate.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Awesome Enterprises Private Limited 65, Mangal Vihar Gopalpura Bypass Jaipur, Rajasthan, 302018 India