End User License Agreement (EULA)

Runtime HRMS

End-User License Agreement (EULA) of Runtime HRMS

Definitions
  • The Company (referred to as either "The Company", "We", "Us" or "Our" in this Agreement) refers to Runtime Software Private Limited, a company incorporated under the Indian Companies Act, 2013 with registerd address at Jaipur, Rajasthan, India.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Software Product refers to the software-as-a-service (SaaS) offered by the The Company in the name and style of Runtime HRMS which includes computational capacity, storage, user interface, images, media and documentation developed or licensed by The Company and made accessible to You using online interfaces including traffic over Hyper Text Transfer Protocol (HTTP/HTTPS), accessible using a Browser, Email, Mobile application (Android or iOS) or API, hosted on the website owned and controlled by The Company.
  • Subscription refers to a copy of license acquired by You by signing up for the Software Product as defined above, which include free trial as well as paid subscription.
  • Subscription Terms means the period during which You is subscribed to Software Product as set forth on an applicable Schedule.
  • Subscription Fee means the fee charged to You by The Company for the Software Product (including Technical Support) for the Subscription Term.

This End-User License Agreement ("EULA") is a legal agreement between You and The Company.

This EULA agreement governs your acquisition and use of the Software Product directly from Us or indirectly through Our authorized reseller or distributor.

Please read this EULA agreement carefully before completing the installation process and using the Software Product. It provides a license to use the Software Product and contains warranty information and liability disclaimers.

If you register for a free trial of the Software Product, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Software Product, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Runtime Software Private Limited herewith regardless of whether other software is referred to or described herein. The terms also apply to any Runtime Software Private Limited updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Subject to the terms and conditions of this Agreement and payment of the applicable Subscription Fee, The Company grants You a worldwide, non-exclusive, non-transferable license, without the right to sublicense and (except as otherwise provided on a Schedule) solely for your own business operations in accordance with the terms of the documentation and this agreement. The term of such license shall be the Subscription Term.

You are responsible for procuring, installing and maintaining the Supported Platform, together with the provision of any other necessary hardware, software or technology required for its proper operation (collectively the "System"), and for providing a suitable operating environment in accordance with the guidelines specified by the suppliers or manufacturers of the components of the System.

You acknowledges that updates to the Software Product may require upgrades to certain components of the System, as set forth in the Documentation for such updates, in order to ensure optimum performance, and that You are solely responsible for obtaining such software and hardware upgrades.

To the extent that You are using the Software Product for iOS app use, the terms of this paragraph shall apply. You acknowledge that this Agreement is between The Company and You only and not with Apple. All terms of the App Store remain in effect. You may use the licensed application on any iPhone that You own or control and as permitted by the usage rules set forth in the App Store Terms of Service.

You are permitted to load the Software Product (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software Product.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that The Company considers is a breach of this EULA agreement

Intellectual Property and Ownership

The Company shall at all times retain ownership of the Software as originally provisioned to You and all subsequent updates of the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of The Company.

The Company reserves the right to grant licences to use the Software to third parties.

Term & Termination

The term of this Agreement shall commence on the start of Subscription Term and shall continue until terminated in accordance with the provisions of this Section. Upon expiration or termination of the then-current Subscription Term, Your subscription will be deactivated. Without prejudice to any other rights, We may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software Product in Your possession.

Termination by You for Convenience

You may terminate any subscription or this Agreement in its entirety, at any time upon 30 days written notice to The Company.

Termination by Either Party for Material Breach

Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days following receipt of written notice describing the breach.

Termination by Either Party for Insolvency or Bankruptcy

Either party may terminate this Agreement by written notice to the other party if the other party becomes insolvent; applies for or consents to the appointment of a trustee, receiver or other custodian; makes a general assignment for the benefit of its creditors; initiates any bankruptcy, debt arrangements, or other case or proceeding under any bankruptcy or insolvency law; or becomes subject to any dissolution or liquidation proceedings.

Handling of Software and Confidential Information Upon Termination

Upon termination of this Agreement You shall cease using the Software Product, Documentation and related Confidential Information of The Company. Following termination of this Agreement each party will return or destroy the other party’s Confidential Information within thirty (30) days following the other party’s written request.

Copyright

All title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by The Company or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by The Company.

No Warranties

The Company expressly disclaims any warranty for the Software Product. The Software Product is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. The Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software Product. The Company makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The Company further expressly disclaims any warranty or representation to Authorized Users or to any third party.

Limitation of Liability

In no event shall The Company be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the Software Product, even if the The Company has been advised of the possibility of such damages.

In no event will The Company be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.

The Company shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

Payment and Charges

The use of this Software Product is subject to payment of subscription charges, except for the free trial (usually 30 days) which is activated once You signs up for the services. The available payment options are displayed on the subscriptions page accessible within the Software Product user interface.

Support

Support is available as part of Software Product as per following schedule:
Days: Monday to Friday
Time: 11:00 AM to 6:00 PM Indian Standard Time
Support will not be available on holidays as per The Company annual holiday list, which can be shared upon request.
Support can be availed using phone or email as displayed on the ‘Contact Us’ page of The Company’s website.
The usual turnaround time shall be as follows:
a) Query Resolution: 24 to 48 working hours
b) Bug Fixes: Minimum 1 and Maximum 7 working days

New Feature Requests

The Company welcomes feedback from Your use of the Software Product. Based on the feedback and suggestions received, The Company may choose to pursue the development of new or additional features. The timeline and charges associated with new development (if any), shall be communicated to You in advance, depending upon nature of request. The Company hereby expressly decline any liability or obligation to develop a new feature. The decision to undertake development of any new feature or functionality lies wholly with the The Company.

Changes

The Company may make changes to the functionality, user interface, usability of the Software Product and related Documentation from time to time. In the event of any material change to the functionality, user interface, usability of the Software Product, as Your sole remedy in the event of such change, You shall have the right to terminate the Agreement and receive a pro-rata refund of subscription charges paid for the Software Product for the terminated portion of the Subscription Term.

This agreement is subject to change as per new developments in product, changes in economic scenarios, market and other factors. The Company will post all changes on this page once they become applicable. Although The Company will make every attempt to notify the users about changes in this EULA, by sending communication on users’ registered email addresses, the same cannot be warranted against technological failures. Therefore, as a user, you are advised to check this page regularly for latest terms of this EULA.

Suspension and Termination
Suspension for Non-Payment

The Company reserves the right to suspend Your access to or use of the Software Product in the event any payment of Subscription Fees is not paid before the end of subscription term. You agree that The Company will not be liable to You, any Affiliate or any third party for any suspension under this Section.

Suspension for Inappropriate Use

The Company reserves the right to suspend Your access of the Software Product if The Company determines that Your use is contrary to law or causing material harm to The Company or others. The Company will provide reasonable notice of such suspension. You agree that The Company will not be liable to You, any Affiliate or any third party for any suspension under this Section.

Handling of Data on Termination

In the event of any expiration or termination of Your use of the Software Product, upon Your request, The Company will export Your data that is stored on the The Company’s servers including cloud storage and will return such data to You. Alternatively, You may request that The Company delete all such data. The Company may delete all of Your data that is stored on the The Company’s servers including cloud storage after thirty (30) days following any expiration or termination of Your use of the Software Product. You agree that The Company will not be liable to You, any Affiliate or any third party for any data deleted under this Section.

Last Updated: Jan 23, 2021