Welcome to EasyOutdoor! These Terms of Service ("Terms") govern your access to and use of the EasyOutdoor multi-tenant outdoor media ERP system (the "Service"), provided by Clear Outdoor ("we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Definitions
- Service: The EasyOutdoor multi-tenant outdoor media ERP system, including all its features, functionalities, software, and documentation.
- User: Any individual authorized by a Tenant to access and use the Service.
- Tenant: An organization or entity that has subscribed to and been granted access to use the Service for its business operations. Each Tenant operates within its isolated environment within the Service.
- Tenant Data: All electronic data, text, messages, or other materials submitted by Users on behalf of a Tenant into the Service.
- Content: All information, data, text, software, graphics, videos, messages, tags, or other materials available through the Service, excluding Tenant Data.
- Agreement: Refers to these Terms of Service.
2. Agreement to Terms
By accessing or using the Service, you affirm that you are of legal age to enter into this Agreement and that you agree to comply with all of these Terms. If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" or "your" shall refer to that entity.
3. Account Registration and Security
3.1. Account Information: To access and use the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. Account Security: You are responsible for maintaining the confidentiality of your account login credentials and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
3.3. Tenant Responsibility: The Tenant is responsible for managing User access to the Service and ensuring that all Users associated with their Tenant account comply with these Terms.
4. Use of the Service
4.1. Permitted Use: You may use the Service solely for your internal business purposes as a Tenant or authorized User of a Tenant, in accordance with these Terms and any applicable laws and regulations.
4.2. Prohibited Conduct: You agree not to:
Use the Service for any illegal or unauthorized purpose.- Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Upload, post, or transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Engage in any activity that could damage, disable, overburden, or impair the Service.
- Use the Service to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
- Reverse engineer, decompile, or disassemble any portion of the Service.
- Use the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitations.
5. Multi-Tenancy Specifics
5.1. Data Separation: The Service is designed to provide a separate and isolated environment for each Tenant's data. We implement reasonable technical and organizational measures to ensure the logical separation of Tenant Data.
5.2. Tenant Data Ownership: As between us and the Tenant, all Tenant Data is and remains the property of the Tenant.
5.3. Tenant Responsibilities: The Tenant is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Tenant Data.
5.4. Access to Tenant Data: We will only access Tenant Data as necessary to provide, maintain, support, or improve the Service, or as required by law.
6. Intellectual Property
6.1. Our Intellectual Property: The Service, including all Content (excluding Tenant Data), software, technology, designs, and documentation, is owned by us or our licensors and is protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service or any Content, except for the limited right to use the Service as expressly permitted herein.
6.2. Tenant Data Intellectual Property: The Tenant retains all intellectual property rights in and to their Tenant Data. You grant us a limited, non-exclusive, royalty-free license to use, reproduce, distribute, and display Tenant Data solely as necessary to provide the Service to the Tenant.
7. Confidentiality
7.1. Definition: "Confidential Information" means all non-public information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, technical data, product plans, and the terms of this Agreement. Tenant Data is the Confidential Information of the Tenant.
7.2. Obligations: The Receiving Party agrees to use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors, and agents who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
7.3. Exclusions: Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is obtained from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information.
7.4. Compelled Disclosure: The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
8. Fees and Payment
8.1. Subscription Fees: Access to the Service is provided on a subscription basis. The Tenant agrees to pay all applicable subscription fees as set forth in the agreement between the Tenant and us.
8.2. Billing: Fees will be billed monthly and are due upon receipt of the invoice.
8.3. Taxes: All fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, which the Tenant is responsible for paying.
8.4. Payment Methods: Bank Transfer & Cheque.
8.5. Late Payments: Services will be suspended on late payments.
9. Term and Termination
9.1. Term: These Terms remain in effect for the duration of the Tenant's subscription to the Service, unless terminated earlier in accordance with these Terms.
9.2. Termination by Tenant: A Tenant may terminate their subscription in accordance with the terms of their separate agreement with us.
9.3. Termination by Us: We may suspend or terminate your access to the Service, including a Tenant's account, if you or a User associated with the Tenant account violate these Terms or if the Tenant fails to pay applicable fees. We may also terminate the Service or a Tenant's account for any reason upon 30 days' notice.
9.4. Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete Tenant Data in accordance with our data retention policy. We retain data for one month. Sections 6, 7, 9.4, 10, 11, 12, 13, 14 and 15 will survive any termination of these Terms.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT THE TENANT HAS PAID US FOR THE SERVICE IN THE PAST TWELVE MONTHS.
12. Indemnification
You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your or the Tenant's (a) use of the Service, (b) violation of these Terms, (c) violation of any rights of any third party, or (d) Tenant Data.
13. Governing Law and Dispute Resolution
13.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of Ahmedabad, Gujarat Jurisdiction without regard to its conflict of laws principles.
13.2. Dispute Resolution: Any dispute arising out of or relating to these Terms or the Service shall be resolved through Arbitration, courts of a Ahmedabad.
14. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Clear Outdoor, 2nd Floor, Sarthak Complex, Swastik Cross Roads, Navrangpura, Ahmedabad – 380009.
Email: hello@easyoutdoot.in
Call us on: +919099977499
