Terms of Service
Last Updated: 26 February, 2024
Introduction
These User Terms of Service ("Terms") are between you ("you") and Techdome Solutions Private Limited ("Techdome" or "we") and govern your use of all versions of the Sparrow software and services (collectively, the "Services") and the Sparrow websites, including but not limited to https://sparrowapp.dev/ (the "Websites").
Use of the Services
Right to Use
Conditional upon your adherence to these Terms, Techdome provides you with a revocable, non-exclusive, non-transferable, non-sublicensable, and limited permission to utilize the Services in executable code form, in alignment with these Terms. Aside from the explicitly defined limited rights in these Terms, Techdome does not confer any additional license or entitlement concerning the Services. Your privileges will cease upon the termination of these Terms, irrespective of any conflicting provisions stated elsewhere in these Terms or in other agreements between Techdome and yourself.
Use of Services: Using the Services means to directly or indirectly activate the processing capabilities of the Services, load, execute, access, utilize, store, employ the Services, or display information resulting from such capabilities, including uploading any Content or creating or generating any Content by utilizing the capabilities of the Services.
Content: Content refers to content featured or displayed through the Services (including through the Websites), including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Websites or otherwise available through the Services. "User-generated content" is Content, written or otherwise, that Users upload into or create by Using the Services. "Your Content" is User-Generated Content that you or your Users submit to the Services.
Open Source Software: The Services include open source software ("OSS") as listed in https://docs.github.com/en/site-policy/github-terms/github-open-source-applications-terms-and-conditions, along with the applicable OSS license. Your right to use such OSS shall be governed by the applicable OSS license agreement.
Sparrow Account
The Services allow a User to create an individual account ("Account"). The information you provide to us when you create an Account must be accurate, complete, and current. You also have the obligation to keep your Account information accurate, complete, and current at all times. If any of the information you submit to us changes, you must promptly update the same.
You must keep your Account access credentials safe and secure. You are responsible for all actions taken through your Accounts. You are required to promptly inform Sparrow and modify your Account login credentials or those of a permitted User if such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the Services through your Account. You also agree that your profile information will be accurate.
Sparrow Teams
The versions of the Sparrow Services may support working collaboratively in teams. The User who will be responsible for the management of a team is referred to as an Owner. Once your Owner has created a team, they can invite other Users to Use the Services through the "invite" feature in Sparrow. The Owner will be required to provide the email address, and any other information required by Sparrow for each User. An Owner/Admin User shall be entitled to designate more than one Admin User. Upon such designation, each new Admin User will be able to do everything that any other Admin User is permitted to do by the Services and these Terms.
Techdome reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Sparrow API (or any part thereof) with or without notice.
You expressly understand and agree that Techdome shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Techdome has been advised of the possibility of such damages), resulting from your use of the Sparrow API.
Binding Agreement
By accessing, installing, or utilizing the Services on any computer system, or by indicating your acceptance of these Terms (such as by clicking a designated box), you hereby acknowledge and affirm that you have read, comprehended, and consent to be bound by these Terms and our Privacy Policy.
Techdome retains the right to amend these Terms at its discretion. In the event of any substantial changes to these Terms, Techdome may inform you through email or by posting a notice on the Website. If you do not concur with, or are unable to comply with the modified Terms, it is imperative that you discontinue using the Services and Websites. The revised Terms shall become effective upon posting and will be applicable moving forward unless otherwise communicated in a notice to you. Your ongoing use of the Services and Websites following any such updates signifies your acceptance of the alterations.
If you are accepting these Terms not as an individual but on behalf of a company, government, or another entity you represent (such as an employee or government official), the term "you" pertains to your entity, and you are legally binding your entity to these Terms. If you lack the authority to do so or disagree with these Terms, refrain from accepting them and abstain from using the Services.
The Services are not designed for, and should not be utilized by individuals under the age of 13. We strictly prohibit the use of our Services by any Users under 13. The term "User" refers to any individual utilizing the Services. Additionally, you are responsible for ensuring that all your Users are of at least the age of majority in your place of residence to utilize the Services.
Techdome’s Proprietary Rights
The Services are licensed to you and Techdome does not sell the Services. You acknowledge and agree that Yechdome and its licensors have and retain all legal rights, titles and interest in the Services including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interfaces, algorithms, logic, formula, scripts, workflows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. As between you and Techdome, Techdome shall retain all legal rights, title, and interest in the Content, excluding Your Content. Techdome reserves all rights in and to the Services and Content that it does not expressly grant you in these Terms.
Your rights under these Terms are non-exclusive. There is no prohibition or restriction on Techdome to provide the same or similar rights as set out in these Terms to any other person.
Scraping, data mining, extraction, duplication, or copying of any Content or Services, including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interfaces, algorithms, logic, formula, scripts, workflows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, is strictly prohibited absent explicit authorization and written consent of Techdome.
Use of Content
You may create or upload User-Generated Content while using the Services. You are solely responsible for any User-Generated Content that you post, upload, link to or otherwise make available via the Services, regardless of the form of that Content. By uploading User-Generated Content while using the Services, you represent and warrant that you have all necessary rights to submit the User-Generated Content and that the User-Generated Content is, to your knowledge, accurate, and not in violation of any applicable laws, contractual restrictions, or other third party rights, including intellectual property rights or privacy-related rights of any person or entity. You also agree that your profile information will be accurate. We are not responsible for any public display or misuse of your User-Generated Content.
We have the right to refuse or remove any Content that, in our sole discretion, violates any laws or Techdome terms.
Techdome shall from time to time release additional features of the Services. Use of these features may be subject to terms as prescribed by Techdome. To use such additional features in the Services, you are required to abide by such additional terms, as applicable.
Personal Information
Your Use of the Services does not require any personally identifiable information to be uploaded into or included in the Services except to the extent set forth in this paragraph. You hereby permit Techdome to collect, use, store, and process email address(es), IP addresses from which you access the Services and other login or authentication credentials from both your Users and you in order to ensure that your Users and you have proper access to the Services and to resolve any issues you may encounter while Using the Services. This information may be considered personal data or personal information under the laws of the jurisdiction from which you access and Use the Services. Techdome shall collect, use, store and/or process this information only for the purposes listed herein and in our Privacy Policy, which you acknowledge. Unless otherwise required by applicable law, upon termination of these Terms, any information provided by you for the creation of your Account will be deleted by us from our records within a reasonable period of time following such termination.
Techdome may collect certain data and information from you in connection with your use of the Services and otherwise in connection with these Terms. All such data and information will be collected and used by Tehcdome in accordance with our Privacy Policy.
We are constantly improving our services. By using our service, you acknowledge and agree that we may integrate with analytical agencies to collect and analyze user information and events for the purpose of improving our services. The information collected may include, but is not limited to, user interactions, session data, and demographic details. We take reasonable measures to ensure the security and confidentiality of the data transmitted to the analytical agencies.
User Guidelines
You and your Users shall not:
- Utilize the Services for any unlawful purpose or in a manner that violates any law or the rights of any other individual;
- Allow the usage of the Services in a manner not sanctioned by these Terms;
- Perform scraping, data mining, extraction, duplication, or any other form of copying of features, functions, or user interfaces of the Services or Content without proper authorization;
- Participate in activities that degrade, overburden, interfere with, or restrict the use and operation of the Services, including sending or receiving excessive data transfers or requests, engaging in scraping, or participating in denial of service attacks or similar activities;
- Disassemble, decompile, unlock, reverse engineer, or decode the Services in any way or modify/create derivative works based on the Services;
- Unless explicitly authorized by Techdome in writing, resell, grant rights under these Terms to any third party, or engage in leasing, time-sharing, lending, or renting of the Services;
- Utilize our Services and/or Content for the purpose of developing AI applications and bots.
- Introduce any malicious code, virus, malware, or any other material that disrupts, slows down, or causes the Services to malfunction;
- Upload or generate any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, infringing of another's rights, or invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable; or
- Upload any Sensitive Personal Information* into the Services.
Use information from the Services (whether collected through the Sparrow API or obtained otherwise) for spamming purposes, including for the purposes of sending unsolicited emails to users or selling personal information, such as to recruiters, headhunters, and job boards.
Misuse of User personal information is prohibited. Any person, entity, or service collecting data from the Services must comply with our Privacy Policy, particularly in regard to the collection of personal information. If you collect any personal information from the Services, you agree that you will only use that personal information for the purpose for which that User has authorized it. You agree that you will reasonably secure any personal information you have gathered from the Services, and you will respond promptly to complaints, removal requests, and "do not contact" requests from us or other Users.
*Sensitive Personal Information means any (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical or other protected health information regulated by HIPAA; (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver's license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations
Limitation of Liability
YOU CLEARLY UNDERSTAND AND CONSENT THAT TECHDOME, ALONG WITH ITS REPRESENTATIVES AND LICENSORS, SHALL NOT BE RESPONSIBLE TO YOU UNDER ANY LEGAL THEORY FOR ANY LOSS OF CONTENT, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION, LOSS OF INCOME OR PROFIT, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES THAT MAY RESULT FROM OR BE CONNECTED TO THESE TERMS OR THE SERVICES OR CONTENT, REGARDLESS OF WHETHER TECHDOME OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES.
Indemnification
You undertake to defend Techdome against any third-party claim arising from any Content uploaded or generated by you or your Users in your utilization of the Services. You also agree to indemnify and absolve Techdome from any damages and costs that are ultimately awarded by a court of competent jurisdiction or mutually agreed upon in a settlement by you, which includes reasonable attorneys' fees. This indemnification obligation is contingent upon you receiving from us: (a) timely written notice of the claim (ensuring that the notice allows you to respond without prejudice); (b) reasonable assistance in the defense and investigation of the claim, including the provision of a copy of the claim and all relevant evidence in our possession or control (upon your request and at your expense); and (c) the exclusive right to control and direct the investigation, defense, and settlement (if applicable) of the claim. However, you are prohibited from settling any claim unless the settlement unconditionally releases Techdome from all liability.
Termination
Techdome may terminate your access to the Services at any time for any reason in case you are engaged in unauthorized, illegal, or fraudulent activities, or activities, that violate applicable laws, regulations, or guidelines. Where you provided false information in connection with their account and/or where you are in violation of this Terms of Service including the Privacy Policy. If Techdome suspends your access to the Service, you agree that Techdome shall have no liability or responsibility to you to the fullest extent permitted under applicable law. To learn how to terminate your account, please contact Techdome at the contact information provided. This section will be enforced to the extent permissible by applicable law.
General Terms
These Terms constitute the entire agreement between you and Techdome regarding your Use of the Services and supersedes all prior agreements (written or oral) between you and Techdome in relation to the Services.
You must keep all information received by you from Techdome in relation to the Services or otherwise, strictly confidential. You are not permitted to share such information with any third party without prior written permission of Techdome.
You agree that if Techdome does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Techdome has the benefit of under any applicable law), this will not be taken to be a formal waiver of Techdome’s rights and that those rights or remedies will still be available to Techdome.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision shall be deemed removed from these Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
The rights granted in these Terms may not be assigned or transferred by you without the prior written approval of Techdome. You are not permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Techdome. Techdome is entitled to assign, transfer or delegate any right, responsibility, duty or obligation under these Terms.
We're always trying to improve Services, and your feedback as a User will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our Services (collectively, "Feedback"), you acknowledge and agree that Techdome will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our Services and documentation. Please send any Feedback that you have for the Services to contact@techdome.net.in.
These Terms shall be governed by the laws of the state of Madhya Pradesh, India, without regard to any conflict of law provisions. You and Techdome agree to submit to the exclusive jurisdiction of the state and federal courts located in the state of Madhya Pradesh to resolve any dispute arising out of these Terms or the use of the Services.
Contact Us
If you have any questions about these Terms, please contact us at contact@techdome.net.in. Techdome shall supply information for customer support-related issues. Techdome will use reasonable measures to respond to all queries within a reasonable time frame.
Changes to Terms
Techdome reserves the right to modify this Terms of Service and will notify you of any changes by posting the new Terms of Service on 26 February, 2024 with an updated date. Changes to the Terms of Service shall take effect immediately for new users of the Services. Continued use of the Services shall serve as acknowledgment and acceptance of such changes.