Terms of Service
Last Updated: Aug 8th 2023
These Terms of Service ( hereinafter referred to as “Terms”) contain the terms and conditions upon which Skanala Inc, (“we” or “us” or “our” or “Anywhere”), a company with its registered office at Skanala Inc. 16312, 37th Drive SE, Bothell, WA, 98012, USA. provide to you (a user or visitor of our Services)with access and use of our,
- Website anywhereapp.io and all associated pages linked to the same and owned by us, (“Website”),
- Cloud based work and project management web platform (“Platform”), known by its proprietary brand name Anywhere,
- the tools and services accessible via the Website and Platform,
- The configuration and setup services offered by us and
- customer interface channels
All of the above are hereinafter collectively referred to as the “Services”.
These Terms constitute a legally binding contract between you and us and govern your use of the Services. Please read these Terms carefully as they contain important information about your legal rights, remedies, and obligations.
- you have full legal right, authority and capacity to bind your employer or such entity to these Terms;
- you have read and understood these Terms; and
- you agree to these Terms on behalf of the party that you represent. If you do not agree to these Terms, then you may not access or use any of the Services.
Any new features that augment or enhance the current Platform or Services, including the release of new functionalities, shall be subject to these Terms.
- “Account” means the account registered by you on the Platform after completion of the steps of registration and is the means to access the Platform and its functionalities.
- “Account Information” is the information that you and/or your End Users are required to submit while registering for an Account or an End User Account on the Platform.
- “Administrators” shall mean and include your personnel who are designated by you to administer and manage the Account and the End User Account on your behalf.
- “End User” means an individual you permit and invite to use the Account. For the avoidance of doubt: (a)individuals invited by your Administrators, (b)individuals under managed accounts, and (c) individuals interacting with the Platform as your customer, vendor and/or contractor are also considered End Users.
- “End User Account” means an account established by you or an End User to enable the End User to use or access the Platform and/or the Services.
- “Intellectual Property” means all intellectual property or other proprietary rights worldwide, including patent, trademark, service mark, copyright, trade secret, know-how, moral right, and any other intellectual and intangible property rights, including all continuations, continuations in part, applications, renewals, and extensions of any of the foregoing, whether registered or unregistered.
- “Workspace Content” means any data, content, code, video, images or other materials of any type that you(including any of your End Users) submit to the Platform. In this context, “submit” (and any similar term) includes submitting, uploading, transmitting or otherwise making available Workspace Content to or through the Platform. Workspace Content shall include but shall not be limited to the summary and description added to a task, the file names you create in files, name of your boards, sub boards, folders & sub folders, comments you enter in connection with tasks, links you upload to the Services etc.
2. Permission To Access And Use The Platform And The Services
- Subject to you making the applicable payments for the Services and upon completion of the registration process, we shall provide to you and your Administrators and End Users the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Platform and Services for your internal business purposes and in accordance with the terms of these Terms.
- You acknowledge and agree that we do not contract with minors. You confirm that you are a natural person of at least 18 years of age (and/or of any such age as required in your country for you to be authorised to use our Services) and competent to enter into a valid and binding contract and you warrant that you possess the legal authority to create a binding legal obligation.
- When you sign up for an Account on behalf of your entity you may specify one or more Administrators. The Administrators will have the right to configure the Services based on your requirements and manage End Users and End User Accounts, through your Account. You are further responsible for i) ensuring confidentiality of your Account’s login credentials, ii) appointing competent individuals as Administrators for managing your Account, and iii) ensuring that all activities that occur in connection with your Account comply with these Terms. We shall not be responsible to manage or administer your Account and/or provide any internal management services to you.
- The Administrators of an Account are, severally and jointly, deemed as your authorized representatives, and any decision or action made by any Administrators, shall be deemed as your decision or action. An Administrator may assign or add End Users of the Account as Administrators, which possess important privileges and controls over the use of the Services and the Account, including, without limitation: (i) control End Users use of the Account; (ii)purchase, upgrade or downgrade a Subscription Plan; (ii)create, monitor or modify End User’s actions and permissions; and (iii) manage the access to, control, remove, share posts or otherwise change, all or part of the Workspace Content.
- You are entirely responsible for any Workspace Content that is entered or uploaded from your Account or any End User Account. You agree that you are the owner of or otherwise authorised by the owner of such Workspace Content uploaded by you to the Platform. You are also responsible for all the activity that occurs through or within your Account. You understand that we do not always monitor or control any Workspace Content uploaded by you and other End Uses to the Platform. You agree not to use or encourage, permit others to store, upload, modify, update or share any information that violates these Terms of the Platform.
- You may add Administrators, End Users, increase storage limits, or otherwise increase your use of the Services by upgrading your Subscription Plan or modifying an existing Subscription Plan upon payment of applicable fees. We reserve the right to create limits on use and storage at our sole discretion at any time with or without notice for free Accounts. You acknowledge that we reserve the right to, at our sole discretion, log off users who are inactive for an extended period of time.
- We reserve the right to make changes to the functionality of the Platform and the Services from time to time. We shall perform all necessary server management and maintenance services with respect to the Platform and Services at no additional cost to you.
- If you upload and/or enter Personal Data of persons that are not registered on the Services, you agree and warrant that you have obtained lawful and legitimate consent from such persons before uploading and/or entering their Personal Data on the Services. We disclaim any liability arising from your failure to obtain due consents from all such persons.
3. Account Registration
- You warrant that the Account Information entered by you is current, complete and accurate, you agree further to maintain and promptly update your Account Information so that it remains current, complete and accurate. We may conduct a brief verification of the details entered by you to confirm their validity. In case we suspect that any details entered by you are not genuine, or you have created a false account, we shall delete, suspend and delete your Account and/or any End User Account.
- As a registered user, you are responsible for maintaining the confidentiality of your login credentials. We shall not be liable for any loss or damage of such login credentials resulting from your failure to comply with this security obligation. You hereby agree to report to us immediately in case of any actual or suspected theft, loss, or unauthorized use of your login credentials.
- Upon completing the registration process, you will be entitled to access and use the Platform. You understand and agree that we may suspend or terminate your Account and all associated End User Accounts if we believe that your continued use of the Platform and Services may prejudice other users or third parties or in case you have reason to believe that you have used the Services otherwise than permitted under these Terms.
- Subscription Plans and Subscription Term;
- Subscription Plans are daily, monthly, quarterly or yearly plans designed by Anywhere pursuant to which you are allowed access to the Services. Subscription Plans are subject to change at the discretion of Anywhere. Any such changes are notified on the Services in accordance with these Terms. Subscription Plans that have been detailed on the Platform and to which you have voluntarily subscribed to, to access and use the Services, limit the number and extent of features and Services available to you. For example, you may be allowed to add only a limited number of End Users to your Account as defined by your Subscription Plan. You may be granted a limited access to the Services at no cost, solely for the purpose of offering a preview of the features and Services available through Anywhere. The Free Trial Subscription Plan can be converted to any paid Subscription Plan upon payment of the requisite subscription fee. At the completion of the Free Trial term continued access to Anywhere and the Services will be subject to payment of fees.
- Subscription Term means
- In case of a Free Trial: The time period from the date on which you registered for the Free Trial until the date of expiry of such Free Trial.
- Incase of a Paid Account: The time period from the date on which you registered and paid for the Paid Account until the date on which the Subscription Plan ends or when the Subscription Plan is cancelled, whichever is earlier.
4. Acceptable Usage Of The Services And Restrictions
- You agree that you are responsible for your own conduct (including that of your Administrators and End Users authorised by you) while using the Platform and Services and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable policies and guidelines.
- You agree that you shall access or use the Services for your internal business purposes only and not for any commercial gain. We have no liability to you for any loss of profit, loss of business, or loss of business opportunity in any case whatsoever.
- Anywhere’ s Unlimited Plans & access operate under a Fair Use Policy in order to prevent potential abuse. The Guest limit is 100 per account on Basic & Standard plans. The limit is capped to a maximum 500 Guest accounts on Professional& Premium plans. Unlimited User accounts are capped at 500 Users max under applicable plans.
- While using the Services, you shall not, and not permit anyone to attempt to or otherwise do any of the following;
- Transfer your Account to another party without our consent;
- Interfere with any other user’s right to use the Services;
- Upload any code and/or content that is illegal or may infringe upon the intellectual property rights of any third party;
- Infringe any laws applicable to you, third-party rights, especially intellectual property rights or our policies;
- post content or items in in appropriate areas on our Platform and Services;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
- Use the Platform or Services to blackmail any other person or for otherwise inappropriate purposes or to improperly access or view or distribute obscene, pornographic, or otherwise sexually explicit material;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password and Account Information from any other users of the Platform;
- upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and the Services;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software used by us in connection with the Platform;
- distribute any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- use the Platform to facilitate money exchange including, but not limited to, cryptocurrency;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability.
5. Payment Terms
- Free Trials are offered without the need for a credit card or debit card. Except in case of Free Trials, all amounts associated with your Account are due in full and payable in advance (in the beginning of the Subscription Term) and in the manner described on the Platform. All such amounts are based on the Subscription Plan chosen/subscribed by you.
- We may revise fee rates for the Service from time to time and will provide you with email notice of any changes in fees at least thirty (30) days prior to your Service renewal date.
- Information on the Subscription Plans and charges for all paid Services is available in the pricing page of our Website.
- You may, during any ongoing Subscription Term, upgrade your Subscription Plan to a higher or longer Subscription Plan (“Upgrade”). Some Upgrades or other changes may be considered as anew purchase, hence will restart the Subscription Term and some won’t, as indicated within the Service. Upon an Upgrade, you will be billed for the applicable increased amount of subscription fees, at our then-current rates (unless indicated otherwise in an order form).
- Upon the expiry of any current Subscription Term, the Subscription Plan shall renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. You acknowledge and agree that, unless you terminate your Account your credit card will be charged automatically for the applicable fee. In case you wish to cancel the Subscription Plan, you should exercise this option through your Account or contact our support team at hello AT anywhereapp.io before the renewal is performed by Anywhere. Should you not exercise your option to cancel the renewal and your credit card is charged, Anywhere shall not be liable to provide any refunds.
- By default, user Accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your Account unless you have cancelled the Service prior to its renewal date.
- Payment Methods: You may make payments through various methods of payment provided for by Anywhere through its Services:
- Billing Cycles: The Billing Cycle starts from the time you make the first payment to Anywhere and can be daily, monthly, quarterly or annually as agreed upon. You are responsible for providing complete and accurate billing and contact information to Anywhere and notifying of any changes to such information
- Refunds: All fees paid by you are non-refundable, unless otherwise determined by us in our sole discretion or unless required by law. You acknowledge and agree that no refunds shall be paid on account of opting out, cancellation, non-use or partial use of the Services.
- Taxes: All amounts mentioned are exclusive of GST and other taxes. You are responsible for paying all the applicable taxes. Anywhere shall, if it has the legal obligation to do so, include such amounts in the Invoice.
- In case of non-payment: for any reason or any violation of these Terms by you and/or you Administrators and End Users, we reserve the right to without any liability to you, immediately suspend and/or terminate your access to the Services.
If you provide us with suggestions, ideas, improvements, recommendations or other feedback with respect to any aspect of the Services(“Feedback”), we may use and/or exploit this Feedback. We will have no confidentiality obligations with respect to the Feedback. You grant us a royalty-free, irrevocable, transferable right and license to use the Feedback however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such Feedback and/or incorporate such Feedback into any form, medium, or technology throughout the world
8. Term And Termination Of Account
If you provide us with suggestions, ideas, improvements, recommendations or other feedback with respect to any aspect of the Services(“Feedback”), we may use and/or exploit this Feedback. We will have no confidentiality obligations with respect to the Feedback. You grant us a royalty-free, irrevocable, transferable right and license to use the Feedback however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such Feedback and/or incorporate such Feedback into any form, medium, or technology throughout the world.
- These Terms shall remain in effect from the date of completion of registration of the Account until termination by cancellation or suspension of the Account.
- You may terminate your registration or delete your Account by sending an email to our support team at hello AT anywhereapp.io, if you no longer wish to use the Platform. Upon termination, you will cease to have access to the Platform or any of the Services. We are under no obligation to provide your Workspace Content to you once you have terminated the Services and your access to the Platform is revoked. In case of Account deletion or disabling, these Terms shall be deemed terminated but the following provisions will remain in place, Confidentiality and Non-Disclosure, Ownership of Intellectual Property, Indemnity.
- Upon cancellation and/or suspension of your Account, all End User Account’s associated with the Account shall also automatically terminate.
- We reserve the right to suspend or terminate your Account or restrict or prohibit you access to the Platform immediately if;
- we are unable to verify or authenticate your registration data, email address or other information provided by you, or
- we believe that you ractions may cause legal liability for you or for us, or all or some of Anywhere’s other users, or
- we believe you have provided false or misleading registration data or other information, have not updated your Account Information, have interfered with other users or the administration of the Services, or
- you violate the provisions of any applicable privacy laws or any of the applicable laws or
- Any amounts owed by you prior to termination remain owed after termination.
- We reserve the right to terminate unpaid Accounts that are inactive for a continuous period of 30 days. In the event of such termination, all data associated with such an Account will be deleted. We will provide you prior notice of such termination and option to back-up your data. In case of Accounts with more than one user, if at least one of the Administrators and/or End Users are active, the Account will not be considered inactive.
You agree to be identified as a customer of Anywhere and you agree that Anywhere may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in Anywhere's marketing materials and Website. You hereby grant Anywhere a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to Anywhere pursuant to this section. If you do not wish for us to use your name in our marketing materials and Website, send us an opt out request at hello AT anywhereapp.io.
10. Confidentiality And Data Privacy
- All “Confidential Information” disclosed by you to us that is designated in writing as confidential shall not be used or disclosed for any purpose outside the scope of these Terms, except when required by the process of law or with your prior permission. Confidential Information shall not include information which; (i)is known publicly; (ii) is generally known in the industry before disclosure;(iii) has become known publicly, without our fault; or (iv) has been otherwise lawfully known or received by us.
- Except as otherwise expressly permitted under these Terms, we agree to keep confidential all information entrusted to us and to protect it at all times by exercising a reasonable degree of care.
- You agree that we may disclose your Confidential Information to our employees, consultants, agents or advisors who have a strict need to know such Confidential Information solely for the purpose of performing the our obligations under these Terms and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in these Terms.
- You grant your consent to us to disclose to our affiliates / partners / third parties the Account Information to the extent necessary for the purpose of performing our obligations under this Terms
- If in case we are required by law, or upon receiving process from a court of law, to disclose Confidential Information, it will be bound to disclose such information, without giving any notice of the same to you.
11. Intellectual Property Rights
- All Intellectual Property Rights relating to the Platform and Services, its content, materials including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations are Intellectual Property owned by Skanala Inc and/or third parties and are protected by the laws of India and international copyright laws. All trademarks, service marks, and trade names are proprietary to Skanala Inc and/or third parties.
- We reserve the right to restrict you from any unauthorised use or duplication of such Intellectual Property including but not limited to commercial use. You may not create a database in any form whatsoever, of any content available on the Platform. You acknowledge and agree that all Proprietary and Intellectual Property rights in Platform vest with us and we shall retain all ownership, rights, title and interest in the Platform and you hereby neither retain nor gain any right in the same except the right to access and use the Platform granted under the Terms.
- You shall not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, reverse engineer, reverse assemble, disassemble, decompile or in any way exploit any of the Platform or Services content, software, materials relating to the Platform or Services in whole or in part.
- You agree to abide by all copyright notices, information, and restrictions contained in any content accessed through the Services.
- You own and retain all right, title and interest with respect to all Workspace Content that has been entered or generated by you. These Terms do not grant us any licenses or rights to your Workspace Content except for the limited rights needed for us to provide the Service to you. Notwithstanding the foregoing, we may access the Workspace Content to determine how we can improve our Services, and to determine customer satisfaction. By submitting your Workspace Content you hereby irrevocably grant us the right to use your Workspace Content for the limited purpose of providing the Services to you. We reserve the right to take down from the Platform any Workspace Content that is alleged to infringe a third party's intellectual property rights.
12. Disclaimer Of Warranties
- You hereby acknowledge and agree that the Services and the Platform are provided by us to you on an “as is” and“ as available” basis without warranty of any kind. Your access to and/or use of the Platform and Services, is at your sole risk.
- To the extent permitted by law, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Platform and the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
- We do not provide any warranty that;
- the Services will meet your requirements;
- that the Services will be always available and uninterrupted, timely, secure, or error-free;
- that the errors will be corrected within a certain time;
- that the information provided through the Services is accurate, reliable or correct;
- that the Service will be available at any particular time or location; or
- that the Service is free of viruses or other harmful components.
- We do not endorse or make warranties or representations about or guarantee the truth or accuracy of any advertisements or posts on the Services. You are requested to verify the accuracy of all information on your own before relying on such information. We shall not be responsible for any losses incurred to you, should you decide to place reliance on such material.
- You understand and agree that any advice, material or information, whether oral or written, downloaded orother wise obtained by you from the Services or otherwise from us is done at your sole risk and shall not create any warranty not expressly stated in these Terms.
You agree to indemnify, keep indemnified, defend and hold harmless Skanala Inc and its directors, officers, employees, assigns and agents from and against any and all losses, expenses, claims, costs and damages suffered, directly or indirectly, arising out of, or which may arise in connection with (i) any misrepresentation or any breach of any representation or warranty contained in these Terms; (ii) any breach of or non-compliance with any covenant or any other term of these Terms by you; (iii) your use of the Services and/or the Platform, (iv) your negligence and wilful misconduct or (v) any violation by you of any applicable laws, rules or regulations.
14. Limitations Of Liability
- You understand and agree that, to the extent permitted by applicable laws, Skanala Inc, and its Directors, officers, employees, agents shall not be liable for any indirect, incidental, special consequential, punitive or exemplary damages arising out of or in connection with;
- The use or the inability to use the Services for any reason;
- The cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or relied on, messages received or transactions entered into through the Platform or Services;
- The use, disclosure, or display of your Workspace Content;
- Statements or conduct of any third party on the Services;
- any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the Platform and/or Services; or
- In cases other than liability for negligence, for any amounts that exceeds INR 50000/-.
- No action against either party arising out of these Terms may be brought by the other party more than twelve(12) months after the cause of action has arisen.
- We shall have no liability to you for any breach of these Terms caused by any events of force majeure or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident. We disclaim all liability to you for any legal damage caused due to acts or omissions of a third party or your breach.
15. Third Party Sites
Our Services may contain links to other third party websites, which you may access at your discretion and risk. We do not control and assume no responsibility for any damage or loss that may arise to you through such links, their content, security or privacy policies and practices.
16. Jurisdictional Issues
Anywhere makes no representation that the Services operate (or is legally permitted to operate) in all geographic areas, or that the Services are appropriate or available for use in other locations. Accessing the Services from territories where the Services or any content or functionality of the Services or portion thereof is illegal is expressly prohibited. If you choose to access the Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
17. Relationship Between Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
18. Governing Law And Jurisdiction
These Terms are governed by laws of India and all claims or disputes arising therefrom, or in relation to your use of the Services shall be subject to the exclusive jurisdiction of the courts of Jabalpur, Madhya Pradesh, India.
19. Entire Agreement
We reserve the right, at our sole and reasonable discretion, to amend these Terms at any time and will update these Terms in the event of any such amendments, and notify you in such event. By continuing to access or use the Platform and Services after the effective date of modifications to these Terms, we will treat your use as acceptance of the updated Terms and you agree to be bound by such modifications.
If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of the Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms.
22. Notices And Communications
You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Services (“Communications”). We may provide Communications in a variety of ways, including by e-mail, text or by posting them on the Platform or through the Services. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be inwriting.