Terms of Service
April 11, 2021
Hello there Kamma, Metta & STEMify users! We thank you for using our products! We built our products to empower very small businesses to do their best work. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help run our business.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to AmatyaNet LLC and/or AmatyaNet subsidiaries and partner companies around the world who help us run our platform.
When we say “Services”, we mean any product created and maintained by AmatyaNet LLC. That includes Kamma CRM (all versions), Metta EHR (all versions), STEMify (all versions), whether delivered within a web browser, desktop application, mobile application, or other format.
When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.
We may update these Terms of Service in the future.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If any of the terms are violated, your account might be terminated.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Services for any of the following restricted purposes:
- Violence, or threats thereof,
- Child exploitation, sexualization, or abuse,
- Hate speech
- Doxing - sharing other peoples’ private personal information for the purposes of harassment,
- Malware or spyware,
- Spamming - unsolicited commercial emails,
- Infringing on intellectual property - make or disseminate work that uses the intellectual property of others beyond the bounds of fair use
- You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
- You must be a human. Bots or automated accounts are not allowed.
Payment, Refunds, and Plan Changes
- If you are using a free version of one of our Services, we do not ask you for your credit card or any other payment information.
- For paid Services that offer a free trial, we explain the length of trial when you sign up or when we communicate with you via email. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
- If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
- We process refunds according to our fair refund policy. If you are unhappy about our Service in any way, just contact us for a refund.
Cancellation and Termination
- You are solely responsible for properly canceling your account.
- Cancellation can be done by contacting our support team.
- All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is cancelled, please contact our support team.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the many accounts on our Services, there is always a chance of someone doing something illegal.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
- We plan to maintain our services for our clients for as long as possible. But sometimes it becomes impossible to maintain and keep a certain feature and product running due to technical limitations or financial reasons, or because there is a better alternative. Therefore, we reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
- Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. A notice might also be posted in our company blog.
Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do take uptime of our Services seriously, but as you know there are always limitations. You can always contact our support team with any questions related to service disruption of any kind.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
- Helping you with your support requests. But we always ask for your consent before accessing your account.
- When an automated or manual process errors, we might need to look at your account data in order to fix or prevent from future occuring of such errors.
- We might look into any account data in case of an abuse report against you from any party.
- As a US company, we are bound by the applicable laws of the United States and therefore, to the extent required by law, we might look into your account data.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. They might handle your data on our behalf, but not necessarily look into the data.
- We do not retain, use, disclose, or sell any of your data for any other commercial purposes unless we have your explicit permission.
Copyright and Content Ownership
- All content posted on the Services must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
- We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
- You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
We test our software, components and features extensively before pushing them to production for our clients. But as with any other software, issues and bugs are inevitable. We don’t guarantee completely error-free Services. But we track the issues and fix them based on priority.
API & Third Party Products
We offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement. You, as the consumer of the API, expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
If you have a question about any of the Terms of Service, please contact our Support team.