Legal

Terms and Conditions

These Legal Terms constitute a legally binding agreement between you and Algoramming Systems Ltd. concerning your access to and use of our website, mobile and web applications, ERP/CRM platforms, SaaS products, and all related services.

Last updated: June 01, 2021

We are Algoramming Systems Ltd. ("Company," "we," "us," "our"), a company registered in Bangladesh at House #12, Road #02, Dag #1677, Merul Badda, Anandanagar, Dhaka-1212. Our VAT number is 005769783-0101.

We operate the website https://www.algoramming.com (the "Site"), along with any other related products and services that refer or link to these Legal Terms (collectively, the "Services").

Algoramming Systems Ltd. is a global software company building products for startups and enterprises. With 100+ professionals across the globe, we deliver custom software, mobile applications, ERP/CRM systems, SaaS products (including Fkommerce), and ongoing technical support.

By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately. Questions? Email support@algoramming.com or call +880 1400 629698.

Summary of key points

The most important parts of these Legal Terms in plain language. Use the contents on the right to jump to the full version of any topic.

01

Who you are agreeing with

These terms are between you and Algoramming Systems Ltd., a Bangladesh-registered company headquartered in Dhaka. They cover our website, mobile and web applications, ERP/CRM systems, SaaS products, and all related services.

02

Age requirement

The Services are intended for users at least 18 years old. Persons under 18 may not use or register for the Services.

03

What you may and may not do

We grant a non-exclusive, non-transferable, revocable license to access the Services for personal or internal business use. You may not copy, resell, decompile, scrape, or otherwise misuse the Services. See Prohibited Activities for the full list.

04

Payments, subscriptions, and refunds

We accept Visa, Mastercard, American Express, and MFS (mobile financial services). Subscriptions auto-renew unless cancelled. A 15-day free trial is offered to new subscribers. All prices are in US dollars and may change with notice.

05

Your content

When you submit content, ideas, or contributions, you grant us a worldwide, royalty-free, perpetual license to use them. You remain responsible for what you upload. We can remove or edit any content that breaches these terms.

06

Limitation of liability

To the maximum extent permitted by law, our total liability to you is limited to USD $100.00. We disclaim all implied warranties and are not liable for indirect, consequential, or punitive damages.

07

Governing law and disputes

These Legal Terms are governed by the laws of Bangladesh. Disputes are first resolved through 30 days of informal negotiation; unresolved disputes go to binding arbitration in Dhaka under ICAC rules, conducted in English.

08

Contacting us

For complaints, support, or legal notices: email support@algoramming.com, call +880 1400 629698, or write to House #12, Road #02, Dag #1677, Merul Badda, Anandanagar, Dhaka-1212, Bangladesh.

#01

Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Algoramming Systems Ltd. to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You alone are responsible for assessing whether the Services are suitable for your jurisdiction.

Industry-specific regulations

The Services are not tailored to comply with industry-specific regulations, including but not limited to:

  • Health Insurance Portability and Accountability Act (HIPAA), covering protected health information in the United States.
  • Federal Information Security Management Act (FISMA), covering federal information systems in the United States.
  • Gramm-Leach-Bliley Act (GLBA), covering financial-services consumer information.

If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in any way that would violate the GLBA. If you are unsure whether your industry's regulations are compatible with our Services, please contact us before proceeding.

#02

Intellectual property rights

Our intellectual property

Algoramming Systems Ltd. is the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services;
  • Download or print a copy of any portion of the Content to which you have properly gained access.

This is solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@algoramming.com.

If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible when posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "Prohibited Activities" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality where you may:

  • Create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services.
  • This includes text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions").
  • Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

When you post Contributions, you grant us a license

(Including use of your name, trademarks, and logos.) By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to:

  • Use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part);
  • Exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose: commercial, advertising, or otherwise;
  • Prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section;
  • Our use and distribution may occur in any media formats and through any media channels.

This license includes:

  • Our use of your name, company name, and franchise name, as applicable;
  • Any trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload

By sending us Submissions and/or posting Contributions through any part of the Services, or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

  • Confirm that you have read and agree with our "Prohibited Activities".
  • Will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
  • Waive any and all moral rights to any Submission and/or Contribution, to the extent permissible by applicable law.
  • Warrant that any Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions.
  • Warrant that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your content

Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if we reasonably consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "Copyright Infringements" section below.

#03

User representations

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update it as necessary;
  3. You have the legal capacity and you agree to comply with these Legal Terms;
  4. You are not a minor in the jurisdiction in which you reside;
  5. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
  6. You will not use the Services for any illegal or unauthorised purpose;
  7. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

#04

User registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

#05

Purchases and payment

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • MFS (Mobile Financial Services, bKash, Nagad, EPS, and other supported regional providers)

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including:

  • Email address
  • Payment method
  • Payment card expiration date

This ensures we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

Billing and order restrictions

  • You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees.
  • You authorise us to charge your chosen payment provider for any such amounts upon placing your order.
  • We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Order refusal and restrictions

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased:

  • Per person
  • Per household
  • Per order

These restrictions may include orders placed:

  • By or under the same customer account;
  • Using the same payment method;
  • With the same billing or shipping address.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

#06

Subscriptions

Billing and renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Free trial

We offer a 15-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

To avoid being charged, you must cancel before the free trial ends. Cancellation during the trial leaves you with access to the Services until the end of the trial period.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you have any questions or are unsatisfied with our Services, please email us at support@algoramming.com.

Fee changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law. Continued use of the Services after a fee change takes effect constitutes your agreement to pay the modified fee.

#07

Software

We may include software for use in connection with our Services. If such software is accompanied by an End User License Agreement ("EULA"), the terms of the EULA will govern your use of the software.

If such software is not accompanied by a EULA, then we grant you a:

  • Non-exclusive
  • Revocable
  • Personal
  • Non-transferable license

This license allows you to use the software solely in connection with our Services and in accordance with these Legal Terms.

Warranty disclaimer

Any software and related documentation is provided "AS IS" without warranty of any kind, either express or implied, including but not limited to:

  • The implied warranties of merchantability;
  • Fitness for a particular purpose;
  • Non-infringement.

You accept any and all risks arising from the use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

#08

Prohibited activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us. As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without our written permission.
  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Disparage, tarnish, or otherwise harm, in our opinion, us or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorised framing of or linking to the Services.
  • Upload or transmit viruses, Trojan horses, or other malicious material; engage in spamming or excessive use of capital letters; interfere with other users' enjoyment of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using data-mining tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or use the username of another user.
  • Upload or transmit any passive or active information-collection mechanism, including web bugs, cookies, gifs, 1×1 pixels, or other spyware.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks connected to them.
  • Harass, annoy, intimidate, or threaten any of our employees or agents.
  • Attempt to bypass any measures designed to prevent or restrict access to the Services.
  • Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
  • Decipher, decompile, disassemble, or reverse engineer any software comprising the Services (except where permitted by applicable law).
  • Use, launch, develop, or distribute any automated system, spider, robot, scraper, offline reader, or unauthorised script, except for standard search engine or browser usage.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Collect usernames or email addresses for the purpose of sending unsolicited email, or create user accounts by automated means or false pretences.
  • Use the Services to compete with us or for any revenue-generating endeavour or commercial enterprise not approved by us.
  • Sell or otherwise transfer your profile.
  • Use the Services to advertise or offer to sell goods and services.
#09

User generated contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. You may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content, text, writing, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, Contributions). Contributions may be viewable by other users and third-party websites and may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you represent and warrant that:

  • The creation, distribution, transmission, public display, performance, access, downloading, or copying of your Contributions does not and will not infringe the proprietary rights of any third party, including copyright, patent, trademark, trade secret, or moral rights.
  • You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorise us, the Services, and other users to use your Contributions.
  • You have written consent, release, and/or permission from every identifiable individual in your Contributions to use their name or likeness.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, or mass mailings.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten any other person and do not promote violence against any specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.

#10

Contribution license

By posting your Contributions to any part of the Services or making Contributions accessible by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions (including your image and voice), and to prepare derivative works and sublicense the foregoing.

License scope

This license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Ownership of Contributions

  • We do not assert ownership over your Contributions.
  • You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them.
  • We are not liable for any statements or representations made in your Contributions.
  • You are solely responsible for your Contributions and expressly agree to exonerate us from any and all responsibility.
  • You agree to refrain from any legal action against us regarding your Contributions.

Our rights over Contributions

We reserve the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise modify any Contributions; (2) re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

#11

Guidelines for reviews

We may provide areas on the Services for users to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. You must have firsthand experience with the person or entity being reviewed.
  2. Your reviews must not contain offensive profanity, or abusive, racist, offensive, or hateful language.
  3. Your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. Your reviews must not contain references to illegal activity.
  5. You should not be affiliated with competitors if posting negative reviews.
  6. You should not make any conclusions about the legality of conduct.
  7. You may not post false or misleading statements.
  8. You may not organise campaigns encouraging others to post reviews, whether positive or negative.

Our rights over reviews

  • We may accept, reject, or remove reviews at our sole discretion.
  • We have no obligation to screen or delete reviews, even if anyone considers them objectionable or inaccurate.
  • Reviews are not endorsed by us and do not necessarily represent our opinions or those of our affiliates or partners.
  • We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

License over reviews

By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

#12

Social media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either:

  1. Providing your Third-Party Account login information through the Services;
  2. Allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions.

You represent and warrant that:

  • You are entitled to disclose your Third-Party Account login information to us;
  • You grant us access to your Third-Party Account without breaching any applicable terms;
  • You do not obligate us to pay any fees or subject us to usage limitations imposed by the third-party provider.

By granting us access to any Third-Party Accounts, you understand that:

  1. We may access, make available, and store any content from your Third-Party Account (the "Social Network Content") so that it is available on and through the Services, including but not limited to friend lists;
  2. We may submit to and receive additional information from your Third-Party Account, based on the privacy settings you have configured.

Depending on your Third-Party Accounts and privacy settings, personally identifiable information posted to your Third-Party Accounts may also be available on the Services.

Important Notice: If a Third-Party Account or associated service becomes unavailable, or our access is terminated by the third-party provider, then Social Network Content may no longer be available on the Services.

You have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.

Third-party service providers disclaimer

YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We do not review, verify, or guarantee accuracy, legality, or non-infringement of any Social Network Content. We are not responsible for any Social Network Content.

Additionally:

  • We may access your email address book associated with a Third-Party Account and your stored contacts on your mobile device or tablet to identify and inform you of those contacts who are also using the Services;
  • You can deactivate the connection between the Services and your Third-Party Account through your account settings or by contacting us;
  • We will attempt to delete any stored information on our servers obtained through your Third-Party Account, except for your username and profile picture associated with your account.
#13

Services management

We reserve the right, but not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take appropriate legal action against any user who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities.
  3. Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof.
  4. Remove or disable all files and content that are excessive in size or burdensome to our systems.
  5. Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
#14

Privacy policy

We care about data privacy and security. Please review our Privacy Policy at algoramming.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Data hosting

If you access the Services from a region with laws governing personal data collection, use, or disclosure that differ from those of the data-hosting jurisdiction, your data may be transferred to and processed in the hosting jurisdiction. By using the Services, you expressly consent to such transfer and processing.

#15

Copyright infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification").

  • A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
  • You may be held liable for damages if you make material misrepresentations in a Notification.

If you are unsure whether material located on or linked to by the Services infringes your copyright, you should first consult an attorney.

#16

Term and termination

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY:

  • Deny access to and use of the Services to any person, for any reason, or for no reason;
  • Block certain IP addresses;
  • Terminate use or participation in the Services;
  • Delete your account and any content or information posted at any time, without warning, in our sole discretion.

Account termination

If we terminate or suspend your account for any reason:

  • You are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party.
  • Even if you act on behalf of a third party, you may not create a new account.
  • We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
#17

Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time for any reason at our sole discretion without notice.

  • We have no obligation to update any information on the Services.
  • We will not be liable for any modification, price change, suspension, or discontinuance of the Services.

Availability of Services

We cannot guarantee that the Services will always be available. We may experience hardware, software, or other problems, or perform maintenance, resulting in:

  • Interruptions
  • Delays
  • Errors

We reserve the right to:

  • Change, revise, update, suspend, discontinue, or modify the Services at any time;
  • Do so without notice to you.

You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime or discontinuance.

Nothing in these Legal Terms obligates us to maintain or support the Services or to provide any corrections, updates, or releases.

#18

Governing law

These Legal Terms shall be governed by and defined following the laws of Bangladesh. Algoramming Systems Ltd. and you irrevocably consent that the courts of Bangladesh shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms.

#19

Dispute resolution

Informal negotiations

To expedite resolution and control costs of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either:

  • You or us (individually, a "Party" and collectively, the "Parties");
  • The Parties agree to first attempt informal negotiations before initiating arbitration;
  • Negotiations must last at least thirty (30) days before initiating arbitration;
  • Negotiations commence upon written notice from one Party to the other.

Binding arbitration

Any Dispute arising out of or in connection with these Legal Terms, including:

  • Existence, validity, or termination of these Legal Terms, shall be referred to and finally resolved by:
  • The International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146);
  • According to the Rules of the ICAC.

Arbitration terms

  • The number of arbitrators shall be five (5).
  • The seat, legal place, or arbitration shall be Dhaka, Bangladesh.
  • The language of the proceedings shall be English.
  • The governing law of these Legal Terms shall be the substantive law of Bangladesh.

Restrictions

The Parties agree that arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

  1. No arbitration shall be joined with any other proceeding;
  2. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures;
  3. There is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions:

  1. Any Dispute seeking to enforce or protect any intellectual property rights of a Party;
  2. Any Dispute related to, or arising from, allegations of: theft, piracy, invasion of privacy, or unauthorised use;
  3. Any claim for injunctive relief.

If any portion of this provision is found to be illegal or unenforceable: neither Party will elect to arbitrate any Dispute falling within the unenforceable portion; such Dispute will be decided by a court of competent jurisdiction; and the Parties agree to submit to the personal jurisdiction of that court.

#20

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

#21

Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

Warranty disclaimer

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including:

  • Implied warranties of merchantability;
  • Fitness for a particular purpose;
  • Non-infringement.

We make no warranties or representations about the accuracy or completeness of:

  • The Services' content;
  • The content of any websites or mobile applications linked to the Services.

Liability disclaimer

We assume no liability or responsibility for any of the following:

  1. Errors, mistakes, or inaccuracies in content and materials.
  2. Personal injury or property damage, of any nature, resulting from your use of the Services.
  3. Unauthorised access to or use of our secure servers, and/or any personal or financial information stored therein.
  4. Any interruption or cessation of transmission to or from the Services.
  5. Bugs, viruses, Trojan horses, or other malicious software transmitted by third parties.
  6. Errors or omissions in any content or materials, or any loss or damage arising from content posted, transmitted, or otherwise made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for:

  • Any product or service advertised or offered by a third party through the Services;
  • Any hyperlinked website, banner, or other advertising;
  • Any transaction between you and any third-party providers.

Use caution and good judgment when purchasing products or services through any medium or environment.

#22

Limitations of liability

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

  • Direct, indirect, consequential, exemplary, incidental, special, or punitive damages;
  • Lost profits, lost revenue, loss of data, or other damages arising from your use of the Services;
  • Even if we have been advised of the possibility of such damages.

Maximum liability cap

Regardless of the form of action, our liability to you shall at all times be limited to USD $100.00.

Exceptions under certain laws

Certain U.S. state laws and international laws do not allow limitations on:

  • Implied warranties
  • Exclusion or limitation of certain damages

If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you. You may have additional rights under applicable laws.

#23

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of:

  1. Your Contributions;
  2. Your use of the Services;
  3. Your breach of these Legal Terms;
  4. Any breach of your representations and warranties set forth in these Legal Terms;
  5. Your violation of the rights of a third party, including intellectual property rights;
  6. Any overt harmful act toward another user of the Services.

Our right to control defence

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us. You agree to cooperate at your expense in our defence of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.

#24

User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

#25

Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically (via email or on the Services) satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require:

  • An original signature;
  • Physical delivery or retention of non-electronic records;
  • Payments or granting of credits by non-electronic means.
#26

SMS text messaging

Message frequency

We do not send messages frequently. You will only receive OTPs upon request, and in rare cases, critical security vulnerability updates. If you prefer not to receive these updates, you can disable them in your account settings.

Opting out

We do not send any promotional SMS to your phone. You will only receive OTPs when you request them. In rare cases we may send important security updates by SMS. To stop these, log into your account and adjust your preferences in the settings page.

Message and data rates

Message and data rates may apply to any SMS messages sent or received. Rates are determined by your carrier and the specifics of your mobile plan.

Support

Email support@algoramming.com or call +880 1400 629698.

#27

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and Algoramming Systems Ltd.

Legal compliance

  • Failure to exercise or enforce any right does not waive that right or provision.
  • These Legal Terms operate to the fullest extent permissible by law.
  • We may assign our rights and obligations to others at any time.

Liability limitations

We shall not be responsible for any loss, damage, delay, or failure to act caused by factors beyond our reasonable control. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision will be severed and the rest of the Legal Terms remain valid.

No partnership or employment relationship

No joint venture, partnership, employment, or agency relationship is created between you and Algoramming Systems Ltd. as a result of using the Services. These Legal Terms will not be construed against us for having drafted them. You waive any defences based on the electronic form of these Legal Terms or the lack of signatures by the involved parties.

#28

Contact us

For complaints regarding the Services or for more information, please contact us at:

Algoramming Systems Ltd.
House #12, Road #02, Dag #1677
Merul Badda, Anandanagar
Dhaka-1212, Bangladesh

Email: support@algoramming.com
Phone: +880 1400 629698

Legal

A question about these terms?

Legal questions go straight to a real person on the Algoramming Systems Ltd. team. We respond in writing within thirty days, usually faster, and we keep a record so you have something to point to.