Terms of Use
GAMWIT is a Platform As A Service offered by BizAcuity Solutions Private Ltd, containing modules for Predictive Analytics and Visual Analytics A reference to GAMWIT in this agreement is to be read as a reference to BizAcuity’s platform.
By creating an account with GAMWIT, you agree to follow and be bound by the terms and conditions of this Agreement. You hereby represent and warrant that you have the lawful authority and capacity to enter into this Agreement and you will be referred as User or member. If you sign up for GAMWIT on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
GAMWIT User shall for the purpose of this Agreement be individually referred to as “Party” and collectively as “Parties”; All references to either Party shall unless repugnant to the context be deemed to include their respective successors, assigns, heirs or legal representatives as the case may. The Terms of Use shall be deemed to form a part of this Agreement and in case of any conflict between the provisions contained in this Agreement and the Terms of Use, the provisions of this Agreement shall prevail.
NOW, THEREFORE, IN CONSIDERATION OF THE TERMS, CONDITIONS AND COVENANTS HEREINAFTER CONTAINED THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:
1. BizAcuity is engaged in the business of business intelligence and data analytics and has developed a proprietary Platform(“GAMWIT”) available for access at the website gamwit.com (“Website”).
2. Subject to the terms and conditions as set out herein, GAMWIT grants to the user a limited, personal, non-exclusive, non-transferrable and non-sub licensable license to access and use the Platform, in the manner set out herein, solely during the Term of this Agreement.
3. The user hereby subscribes to the Platform on the terms and conditions set out herein.
4. The features of the Platform shall be deemed to be accepted by the user unless the user notifies GAMWIT in writing of a material defect in the Platform within ten (10) business days from the date of subscribing to the Platform. If material defects are identified in the Platform, GAMWIT shall have a reasonable opportunity to correct them, or provide a functional workaround.
5. Services agreed by the user shall collectively be referred to as “Subscription Plan” The Free Trial offered in the platform will also be considered as a type of Subscription Plan.
6. The Subscription Plan as chosen by the user may be modified during the Term of this Agreement. The user may change the modules and such modifications to the Subscription Plan shall be subject to and governed by the terms and conditions as set out in this Agreement.
7. The user acknowledges that from time to time during the Term of this Agreement, GAMWIT may apply some Upgrades to the platform and/or the modules, and that such Upgrades may result in changes in appearance and/or functionality of the platform.
“Upgrades” means new versions of, and updates to the platform and/or its modules, whether for the purpose of fixing an error, bug or other issue in the platform or enhancing the functionality.
8. Under the terms of use, GAMWIT offers a free trial of its platform for a period of 30 days from the date of start of Trial. The User can subscribe to any one model and any one dashboard asset as a part of this free trial and platform functionality is provided on “AS IS” basis during the free trial period. The free trial period only applies to prospective Users and does not apply to existing Users that have a Subscription Plan. On the expiry of the free trial period, if the User does not wish to subscribe to the platform, this Agreement will automatically terminate.
9. This Agreement is effective from the date of signing up on the Platform.
10.GAMWIT can terminate this Agreement by providing 30 (thirty ) days prior written notice of such termination; or at any time with immediate effect by notice in writing to the User in the event that the User is in breach of any of the terms of this Agreement. The User can terminate this Agreement by providing 30 (thirty) days prior written notice of such termination. In case of Free Trial, this Agreement will automatically terminate on the expiry of the free trial period unless upgraded to a paid subscription.
13. In the event that the Agreement is terminated in the manner as set forth hereinabove, GAMWIT shall not be liable or be required to perform any obligation in any manner whatsoever from the effective date of such termination.
14. Each of the Parties hereby represents and warrants that it:
14.1 Has lawful authority and capacity to enter into this Agreement and in case of a company, is a company validly existing and in good standing under the laws of the country of its registration;
14.2 Is duly authorized to enter into and execute this Agreement and is not barred by any contractual obligations to any third party from entering into and fulfilling its obligations hereunder and it holds all licenses, approvals and permits required by law to conduct its business;
14.3 There is no contract of any nature, operative and in force, to which it is a party or under which it may be otherwise bound or subject, which contain any terms or provisions that in any manner restrict, limit, prevent, prohibit or make unlawful the execution of this Agreement;
14.4 It has not in any manner breached the intellectual property of any third party in the set up and conduct of its business.
14.5 User’s representations and warranties:
a) All information provided by the User to GAMWIT is and shall be true, correct and accurate in all respects
b) It will:
(a) not use the platform in a manner that:
(i) is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; or
(ii) will disrupt a third parties’ similar use or
(iii) violate the intellectual property rights of any third party
(b) not violate or tamper with the security of the platform. If GAMWIT has reasonable grounds to believe that user is utilizing the platform for any such illegal or disruptive purposes, GAMWIT shall be entitled to suspend the subscription immediately with or without notice to User.
15. GAMWIT’s rights & obligations:
15.1. GAMWIT shall have the right to use information provided by the user to create and generate other reports and analysis, and for research, presentation and development purposes and not for any commercial use.
GAMWIT expressly reserves all rights of the Platform.
15.2 The User acknowledges that the information provided by them may be used for any lawful purpose, provided that the information is used only in an anonymized and aggregated form and in a manner that does not permit the identification of any users. User shall use the Software and/or Services only for lawful purposes.
15.3 User also agrees to refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the software. All formats, features subscribed by the user under this Agreement shall be used only for user’s internal business purposes, shall not be reproduced or copied in whole or in part.
15.4 The User shall not access, store, distribute or transmit any viruses, or any unlawful material during the course of use of the platform.
16. Indemnification: User shall defend, indemnify and hold GAMWIT and its officers, directors, employees, harmless from and against all losses, damages including attorneys’ fees imposed on, incurred or arising from or in connection with or relating to, claims, actions and/or allegations in the following cases:
a) Breach of representations and warranties (express and implied) contained in this Agreement;
b) Any and all third-party claims based upon the content of any communications transmitted by the User and/or customers of the user using the platform; and c) Violation, infringement or misappropriation of any patent, trade secret, copyright or other intellectual, industrial or other proprietary rights;
17 Save as otherwise provided under this Agreement, the terms and conditions described in this agreement including its existence shall be confidential information and shall not be disclosed to any third party other than to the respective professional advisors, employees, agents, consultants on a need basis and provided that in each case the person to whom such confidential information is disclosed undertakes to keep it confidential.
18. This Agreement shall be governed by the laws of India, without reference to conflict of laws principles. The Parties submit to the exclusive jurisdiction of courts located in India. Each party shall have a right to seek equitable relief, including temporary restraining orders or injunctions, for breach or threatened breach of this Agreement. To the extent permitted under applicable laws, the Parties hereby specifically exclude the right of a third party to enforce the terms of this Agreement and this Agreement does not purport to confer a benefit on a third party; the Parties do not intend that any term of the Agreement shall be enforceable by the third parties.
19 The agreement may be amended, modified, superseded, or cancelled, and the same shall be updated online on the Website.
20. GAMWIT hereby explicitly and specifically disclaims any and all warranties, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability or fitness for a particular purpose. GAMWIT does not warrant that the platform will perform error-free or uninterrupted. User further acknowledges that GAMWIT does not control the transfer of data over communications facilities, including the internet, and that the platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities;
21. User hereby acknowledges that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in and in relation to this Software is as part of this agreement, including without limitation any derivatives, improvements or modifications of the foregoing shall vest wholly completely and fully with GAMWIT throughout the territory of the world and the User shall have no right or claim to such intellectual property in any manner whatsoever.
22. Nothing in this Agreement is to be construed to make either Party a partner, an agent or legal representative of the other Party for any purpose.
23. Force Majure: Neither Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).
Privacy Policy
GAMWIT is committed to protect your privacy. This policy applies to any data we have collected about you according to our Terms of Use.
When you use the Platform you’re giving us information that we collect, may include your IP address, name, physical address, email address, phone number, operating system, as well as details like gender, occupation, location, birth date, purchase history, and other demographic information pertaining to you. By giving us this information, you consent to your information being collected, used, disclosed as per our Terms of Use and Privacy Policy.
Cookie Policy
We and our service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with us or third-parties that use our services. This information helps us recognize you, customize your website experience and make our marketing messages more relevant. Examples of this information include but are not limited to: pages you visit, ads you click on, type of browser/device/hardware, IP based geographic location and search terms. These technologies also enable us to prevent fraud or other harmful activities.
Security
Nobody is safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you then GAMWIT will notify you as soon as possible and later report the action taken in response.
GAMWIT accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party.