This Agreement of Terms of Service (henceforth called as Agreement) is entered between you or the organization you represent (“You”), and Bista Solutions Inc (“We”). This Agreement governs the terms of service provided under the brand name EMPOWER (hereafter referred to as “Services”) offered by Bista Solutions Inc at the website www.empower.bistasolutions.ae.

By using EMPOWER services, you are explicitly agreeing to the terms of service mentioned in this Agreement below.

Trademark

EMPOWER name and EMPOWER logo are trademark property of Bista Solutions Inc. You agree to use this Trademark only after receiving explicit written permission from Bista Solutions Inc.


Description of Services

Bista Solutions Inc offers a variety of services on the www.empower.bistasolutions.ae website. These Services may be accessed online using any Internet browser supported by these Services. These Services include Enterprise Resource Planning (ERP), Customer Relationship Management (CRM), Project Management, Human Resource Management (HRM), Accounting, Sales, Customer Support, Warehouse, and Manufacturing related modules. Bista Solutions Inc reserves the right to add or remove additional service modules in the future.

You may use these services for personal and professional use. To use these services, you need to create an account on www.empower.bistasolutions.ae website. You may create, edit or remove content within your account that you are authorized to use.

You may use one or more of the modules offered under these Services. The terms of this Agreement will apply to any of the modules you may choose to use.


Acceptance of the Terms

You must be of legal age in order to accept the Terms of this agreement. You may accept the Terms by checking to click on a button indicating your acceptance of the terms. Further, you are explicitly agreeing to the terms of this Agreement once you start using the Services.


User Account

For accessing the services offered at www.empower.bistasolutions.ae, you need to sign up and create a user account. During the user sign up process, you agree to provide accurate information about yourself and your organization. We will be using your email address to verify your account and establish your identity as well as send you to account access credentials such as passwords. You agree to provide a valid email address that will help in the account verification process.

Each user will be required to create their separate user account for using the services at www.empower.bistasolutions.ae.

Each account will be allocated 5 GB / 10 GB space that can be used for uploading images, documents, and other account-related content. If you need to use more than 10 GB space, please contact empower@bistasolutions.com


Fees and Payments

Bista Solutions will charge you for the services that you may use at www.empower.bistasolutions.ae. The pricing details of these services are published at www.empower.bistasolutions.ae. Once you sign up for our services and choose to purchase our services, you agree to make payments using a payment gateway listed during subscriptions. You will be required to submit information about a valid Credit Card that you want to use to make payments to Bista Solutions Inc. For services offered in the SaaS (Software as a Service) form factor, you may be charged on a half-yearly or yearly basis as per the features and payment plan you choose. Your billing cycle starts on the day you sign up for our services. You agree to make these payments on a regular basis.

We may choose to give a free evaluation period (or trial) where you can evaluate our services. You will not be charged for the entire length of the trial period. Your billing will start at the end of the trial period.

For any queries on fees and payments, please contact empower@bistasolutions.com


Refund Policy

All Sales are final. If you choose to cancel our services at any time, you will be Not be refunded the amount corresponding to time left in your billing cycle.


Schedule Maintenance

The services available at www.empower.bistasolutions.ae will not be available during scheduled maintenance and it will be pre-alerted to all the subscribers.


Acceptable Use

You agree to use the services in a fair manner for your personal or professional use. You shall not transfer our services to another user or third party. You shall not resell our Services to other users without prior written permission from Bista Solutions. You shall not provide additional services on top of our Services without prior written permission from Bista Solutions. You shall not post links to third party websites without agreeing to their terms and conditions.

You are solely responsible for the content that you upload, create or edit at www.empower.bistasolutions.ae You agree not to violate the intellectual property rights of another user. You shall not use www.empower.bistasolutions.ae for spamming or phishing activities. You shall not upload or create any material that is illegal, abusive, obscene, racist, or harmful in any way to other users of www.EMPOWER. Bista Solutions Inc reserves the right to terminate your account and access to our services if we believe that you are using our website for any illegal activities.


Personal Information and Privacy

Please refer to our Privacy Policy on how we handle your personal information that you declare at www.empower.bistasolutions.ae Your user account and access credentials are private information that belongs to you. You are responsible for keeping this information private and confidential. We are not liable for any harm of monetary damage arising from theft or accidental loss of your account access information.


Beta Program

Bista Solutions Inc may offer certain services under a Beta Program for market trials and customer evaluation purposes. For such Beta Programs, we have the sole authority to decide the nature and period of the Beta Programs. We reserve the right to convert the service under a Beta Program to regular commercial service. If we decide not to convert the Beta program service into regular commercial service, then you agree that we are not liable for any harm or monetary damage arising from discontinuing that service.


Account-Related Communications

Bista Solutions will send out regular communications about your account status and the services that you may choose. This communication will be typically delivered via email. All administrative and account-related communications are compulsory and you shall not opt-out of such communications.


Data Handling

During the course of using our Services, you may create, upload or edit the content on our website. This content will be considered as data owned by you. While you are the owner of this data, Bista Solutions shall have the right to transmit, store, retrieve, archive or backup such data for efficiency and business continuity of our website.


Custom Development service

Bista Solutions DMCC reserves the right to reject an upgrade request or any custom development based on customer request. If the customer cannot live without the custom feature, they need to move dedicated cloud with separate charges for cloud and custom development.


Copyright

You may upload content to www.empower.bistasolutions.ae that you hold copyrights for. You agree not to violate any copyrights in any form including plagiarism, posting other people's content without written permission from them, citations without due credit to sources, uploading documents without permission from document owners, and revealing other people's confidential information such as passwords, personal profiles, and credit card information. In case of violation of copyright, Bista Solutions reserves the right to terminate the user account and access to Services.


Disclaimer of Warranties

You understand and agree that you are using services from www.empower.bistasolutions.ae at your own risk. The Services offered at www.empower.bistasolutions.ae are on an as-is basis. Bista Solutions Inc does not make any warranty that our services will be continuous or uninterrupted. Bista Solutions disclaims warranties of any kind arising from downloading any material from www.empower.bistasolutions.ae including damages to your computer or mobile phone that you use to access these Services.


Limitation of Liability

You agree that Bista Solutions Inc shall not be liable for any losses or damages related to loss of business profits, interruption of business, loss of information or any other type of direct or indirect losses arising from the use of our Services. Further, Bista Solutions shall not be liable for any losses or damages arising from prolonged non-availability of our Services due to whatever reasons. In such cases, you may choose to cancel our services. In all such cases, our liability will be limited to the fees that you have paid towards our services.


Indemnification

You agree to indemnify and hold harmless Bista Solutions Inc, its officers, directors, and employees, from and against any losses and damages arising out of or relating to any claims that you have used the Services in violation of another party's rights as per terms in this Agreement.


Arbitration

Any controversy arising out of the terms of this Agreement shall be settled in California and in accordance with arbitration rules of the American Arbitration Association Suspension and Termination.

We may suspend or terminate your account due to non-payment of fees. We may also suspend or terminate your account if we believe that you have violated the terms of this Agreement related to Acceptable Use, Copyright, Spamming, and Illegal Activities. We may suspend or terminate accounts that have been inactive for 6 months or more.


Modification of Terms of Service

We may modify the Terms from time to time. We will notify you of any such modifications to our terms of service. If do not accept the modified terms of service, you may choose to discontinue our services. If you choose to continue using our services, then you are explicitly agreeing to our new, modified terms of service.


Termination

In the event that either Party fails to fulfill any of its obligations arising herein, and if such breach has not been remedied within 30 calendar days from the written notice of such breach, this Agreement may be terminated immediately by the non-breaching Party, Also the subscription will be monthly but You will be on the contract of 1 year and early termination or later it should be in 30 days notice.

Further, EMPOWER may terminate the Agreement immediately in the event the Customer fails to pay the applicable fees for the Services within the due a date specified on the corresponding invoice.