Terms and Conditions

Ampyard Private Limited is a company registered in India. Ampyard Private Limited owns the website https://notesally.com (hereinafter referred to as “Notesally”),

Purpose of this Document

This document explains the terms and conditions that govern the access and/or the use of Notesally, either through the website, including any of the subdomains of notesally.com, or through the APIs or any other platforms operated by Ampyard Private Limited.

As per the Information Technology Act, 2000, this document serves as an electronic record generated by a computer system, which does not require a physical or digital signature.

  1. Privacy Policy
  2. Cookies Policy

Notations

For the purpose of this document, following notations are defined.

  • Notesally website and APIs will be called henceforth as Platform.
  • Ampyard Private Limited will be called henceforth as Ampyard.

What does it mean for you?

Your acceptance of the terms in this document means that you agree to use the Platform as per the terms and conditions set in this document. These terms and conditions constitute a binding contract between you and Ampyard.

  • Usage of the platform by any means shall be understood as an evidence that you have read, understood and agree to abide by these terms.
  • Usage of the platform by any means shall be understood as your acknowledgement that you are of legal age to use this software, according to applicable jurisdiction, and are competent to enter into a contract.

Why does Ampyard/Notesally publish this?

This document is published referring to the provisions of Rule 3(1) of Information Technology Rules (Intermediaries Guidelines), 2011, which mandates that Ampyard publishes the rules and regulations, privacy policy and user’s agreement for access or usage of the Ampyard’s computer resource by any person.

DOs and DONTs

  • Use the platform only using the user id/email id, password, api secret you choose from the Notesally platform.
  • Ensure the confidentiality of your Notesally Platform credentials always.
  • You assume risk for any disclosure of Notesally credentials by you.
  • Comply with all laws applicable
  • Never attempt to circumvent the security features of the platform
  • Never attempt to circumvent the governance limits protection features of the platform
  • Never attempt to reverse-engineer and/or hack into the platform
  • Never do something that would cause loss for Ampyard and/or Notesally platform
  • Never use the platform to prevent anyone from exercising their legal rights
  • Never sell, rent or lease the Notesally platform. The license is non-transferable.

Disclaimers

Notesally platform is provided “as-is” and without any warranties, including warranty of availability. Ampyard and its associates do not claim any warranty for the platform, to the fullest extent applicable by law.

Limitation of Liability

In no event will Ampyard and/or its associates be liable, to you or any third party, under or in connection with this agreement or its subject matter under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any consequential, incidental, indirect, exemplary, special, or punitive damages.

Your access or use of the platform or its artifacts are at your own discretion and risk. You will be solely responsible for any loss of data or any damages arising out of access or use of the platform.

You acknowledge that Ampyard can, at any time, change, suspend or stop the operations of Notesally platform with or without notice to you. You acknowledge that no liabilities to Ampyard and/or its associates can arise out of such changes, suspension or stoppage of Notesally platform or any of its part.

Termination

Any user can request termination of their platform account by sending an email to support@notesally.com

You agree that Ampyard can suspend or terminate your account or block access to any parts of the platform in its sole discretion without penalty. You agree that this suspension or termination can be done without any notice. You agree that neither you or any third party can hold Ampyard liable for such suspension or termination.

Indemnification

You agree to hold harmless, indemnify and save Ampyard and its associates from any damages, liabilities, claims, costs and expenses, including legal expenses, which arise in relation to this agreement, your misuse of the platform, any violation of this agreement by you, any violation of laws by you, any breach of warranties or representations by you to any other third party.

For any matter in which you are required to indemnify Ampyard, you agree that Ampyard can assume control of such matter and also the exclusive defense, at your expense.

Ownership

Notesally platform is an intellectual property of Ampyard, which is protected by Indian copyright and Trademark laws. Ampyard reserves rights that are not expressly granted by means of this agreement. Ampyard also reserves the right to list your organization name as its customer, in its records, when you create an account in Notesally.

Severability

If any part of this agreement is found unenforceable, unlawful or invalid then you agree that the remaining parts will be enforceable and valid.

Survival

Even after the termination of this agreement, the parts that are applicable will still survive and will be in effect.

Dispute Resolution

In case any dispute or claim arises out of this agreement or by means of the platform usage, suspension or termination, the parties agree to exhause all reasonable options to amicably resolve the said dispute or claim within 30 calendar days of the notice of such dispute or claim.

In case of the dispute or claim being unresolved after 30 calendar days from notice, Ampyard may choose to resolve it by a binding arbitration as per Indian Arbitration and Conciliation Act, 1996.

  • Such disputes or claims will not be arbitrated for a group of customers but only each individual customer as a party
  • You agree to resolve the disputes and claims through arbitator appointed by Ampyard, as per the Indian Arbitration and Conciliation Act, 1996, on behalf of both parties.
  • Arbitration will take place in Bengaluru, India
  • Arbitration will be conducted in English
  • Any fees towards conducting the arbitration will be equally divided between Ampyard and the party.