Yousell - Terms & Conditions

Thank you for choosing a YOUSELL Subscription. Your use of the YOUSELL service and software of Cloudedots is lead by the terms and conditions of the Cloudedots Service Agreement you agreed to when you signed up for a YOUSELL Accounting Software and the terms and conditions of this Supplement, which with other terms contained in web links listed in this Supplement are an agreement between you and Cloudedots only (or, based on where you live, one of its affiliates). An isolate license may be presented when installing and using the software on a licensed device. That separate license controls to the extent of any conflict with this Supplement. You should review this entire Supplement, including any linked terms, because all of the terms are main and create this contract that applies to you. In the event of any conflict between the Cloudedots Service Agreement and this Supplement, this Supplement will lead as to your use of an YouSell Subscription.

BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE/SERVICE, YOU AGREE TO ALL OF THESE TERMS AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND FOR INTERNET-BASED FEATURES OF THE SOFTWARE/SERVICE. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SERVICE OR SOFTWARE.

Service Offered

Use of YOUSELL accounting software for accounting purposes.

Account

When you register with licence key for YOUSELL Account,a legally binding contract will be created between the Account Possessor and Cloudedots service. The provisions of these Terms of Service shall govern our agreement with you. We reserve the right, at our discretion, to cancel the YOUSELL account because of technical limitation.

Limitation of liability

Cloudedots provides its services at an affordable or free cost. We do not sell our software or your copy of it – we only license it. Under our license we grant you the right to use it and its services.

Exclusion of liability for loss caused by others

Cloudedots service of YOUSELL will not be liable if such losses, penalties, surcharges, interest or additional tax liabilities are due to the acts or omissions of any other person or due to the provision to it of incomplete, misleading or false information or if they are due to a failure to act on its advice or a failure to provide it with relevant information.

Exclusion of liability in relation to circumstances beyond our control

YOUSELL will not be liable to you for any delay or failure to perform its obligations if the delay or failure is caused by circumstances outside their control.

Exclusion of liability relating to the discovery of fraud etc

YOUSELL will not be responsible or liable for any loss, damage or expense incurred or sustained if information material to the service it is providing is withheld or concealed from it or misrepresented to it. This applies equally to fraudulent acts, misrepresentation or willful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.

Limitation of Third Party Rights

The advice and information provided by YOUSELL to you as part of the service is for your sole use and not for any third party to whom you may communicate it unless we have expressly agreed that a specified third party may rely on our work. No responsibility is accepted to third parties, for any advice, information or material produced as part of their work for you, which you make available to them.

Your responsibilities

In order for YOUSELL to manage your accounts correctly you agree to protect your account credentials. You should not share your login information and licence key to anyone outside of your organization.

Access

You will not be able to access and use the YOUSELL service without a valid username and password or license key. In case you can not retrieve your password using online password reset tool, you will have to go through a manual verification process in order to re-claim your account. Cloudedots YOUSELL holds the rights to take the final decision.

License

You are granted a non-transferable, non-exclusive license to use the Service in accordance with these Terms of Service. If you choose to give another party access to your account you do so at your own risk and you shall remain primarily liable to YOUSELL for complying with these Terms of Service for the use of the Service.

Security

The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its YOUSELL account: please keep any password issued to you secure. YOUSELL staff, do not have access to any Account Holder’s passwords and will not be able to access your account without the Account Holder’s authentication and permission. All transfer of Accounts Holder’s data between our servers and any external environment is encrypted.

Fees and Payment Terms

A subscription charge is totally nil. We are proving this software as a free of cost. But in future a subscription fee will be charged as per the upcoming future plans.

Cancellation

You can close the Account Holder’s YOUSELL account at any time by contacting us on contact@cloudedots.com. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.

Prohibited Use

Except as otherwise permitted under this Agreement, you shall not:
a) remove or alter the conditions of use, any copyright notices and other identification disclaimers as they may appear on the website, or in any print format;
b) provide by electronic means to any person other than an authorized user any content;
c) alter or change any part of the content.

Ownership

The legal and beneficial interest in all copyrights, patents, trademarks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights (“Intellectual Property Rights”) relating to the Service belong to us at all times. You obtain no ownership rights in the Service or any of the Intellectual Property Rights pursuant to or arising out of this Agreement. The Account Holder has sole responsibility for the provision of accurate and reliable data. The Account Holder retains ownership of any Intellectual Property Rights it has in your Data (such as rights in its logo, for example.) Intellectual Property Rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide the Service.

Exclusion of our liability

You use the Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service.

Limitation of our liability

Neither party shall be liable under this agreement to the other party for indirect, special, exemplary, punitive or consequential damages including without limitation loss of goodwill, whether arising from negligence, breach of contract or otherwise. Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to the Service (or to our website generally) shall not exceed an amount equal to the subscription fees if we have charged.

Liability to us

If you access the Service using a password created to control access to the Account Holder’s YOUSELL account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be held personally liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.

Further provisions

These Terms of Service and our Privacy Statement describes the entire agreement between you and us regarding the Service, and supersedes any prior understandings or agreements. We shall be entitled to assign or subcontract our rights and/or obligations under these Terms of Service to another party. As Account Holder you may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. Failure at any time to enforce any of these terms and conditions or to require performance by the other party of any such term or condition shall not be construed as a waiver of such provision or affect the right of either party to enforce the same. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

Data Protection

In order to carry out the services of this engagement and for related purposes such as updating the enhancing our client records, analysis for management purposes and statutory returns, legal and regulatory compliance and crime prevention we may obtain, process, use and disclose personal data about you.

Business Data & Privacy

The User alone is responsible for maintaining the confidentiality of the user username, password and other sensitive information. User is responsible for all activities that occur in user account and User agrees to inform us immediately of any unauthorized use of their user account by email to contact@cloudedots.com or by calling us on any of the numbers listed on https://cloudedots.com/contact. We are not responsible for any loss or damage to users or to any third party incurred as a result of any unauthorized access and/or use of user account, or otherwise. We are neither responsible for any kind of data loss as performing necessary backups on data is solely the User’s responsibility. Cloudedots and Yousell Accounting product is not responsible for any kind of data discrepancy or any type of loss occurred due to data discrepancy/software issue.

Electronic and Other Communication

We will communicate with you and with third parties via email or by other electronic means, unless another method is more appropriate. You will be responsible for virus checking emails and any attachments. With electronic communication, there is a risk of non-receipt, delayed receipt, inadvertent misdirection or interception by third parties. We use virus-scanning software to reduce the risk of viruses and similar damaging items being transmitted through emails or electronic storage devices.
However, electronic communication is not totally secure and we cannot be held responsible for damage or loss caused by viruses nor for communications, which are corrupted or altered after dispatch. Nor can we accept any liability for problems or accidental errors relating to this means of communication especially in relation to commercially sensitive material. Any communication by us with you sent through the post system is deemed to arrive at your postal address two working days after the day that the document was sent.

Modification of terms & conditions

These terms may be updated from time to time in the future. The User should agree to review our Terms and Conditions regularly by visiting this page. Continued access to or use of the service will mean that the User agrees to the change.

Applicable Law

These Terms of Service are governed by and construed in accordance with Indian Law and the parties agree to submit to the exclusive jurisdiction of the Courts of Rajkot, Gujarat, India.

Definitions

“Account Holder” means a sole trader, firm, limited company or any other legal entity which has a Yousell account;
“YOUSELL account,” means a current subscription to the Service.
“Service” means our YOUSELL software, which is accessed and used via our password-protected websites;
“us” “we” and “our” “YOUSELL” refers to service of Cloudeodts company.
“you” means the Account Holder;
“your Data” means any data entered or uploaded by you while using the Service.

Contact Details

For application support, please contact contact@cloudedots.com

You can also call us on +91 8980196331 (Monday to Saturday 10am to 6pm)

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