<p>These Terms of Service ("Terms") govern your access to and use of the software application ("Application") provided by SHIVOM TECHNOLOGIES PVT LTD, including its website and related services. By accessing or using our Application, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use our Application.</p><ol><li><strong>Use of the Application</strong><ol><li><strong>Access and License: </strong>: Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the Application for managing rental businesses, including but not limited to hostels, PG accommodations, co-living spaces, flats, studio rooms, and student housing ("Businesses"). The Application may be accessed through desktop and mobile devices with team login functionality, offering different roles such as Admin, Manager, Warden, and Kitchen Master.</li><li><strong>Subscription Plans:</strong> The Application offers subscription-based plans (Gold, Silver, Basic) with varying durations (6 months, 1 year, 3 years) and free trial periods (15 days to 1 month) for new subscriptions. Each plan provides access to features tailored to Business management, detailed in our Payment &amp; Refund Policy.</li><li><strong>User Responsibilities: </strong>You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to use the Application in compliance with all applicable laws and regulations.</li></ol></li><li><strong>Payment and Refund Policy</strong><ol><li><strong>Accepted Payment Methods: </strong>We accept payments through a secure payment gateway, including credit cards, debit cards, bank transfers, and other electronic payment methods. Payment details are processed securely and are not stored on our servers.</li><li><strong>Subscription Fees:</strong> Subscription fees are charged according to the selected plan and duration. Fees are non-refundable except as specified in our Refund Policy.</li><li><strong>Refund Policy: </strong>We do not provide refunds for paid subscriptions after the trial period ends or for subscription renewals. Refunds are only issued in cases of overpayment due to plan upgrades or downgrades, as outlined in our Payment &amp; Refund Policy.</li><li><strong>Auto-Renewal: </strong>Subscriptions are automatically renewed at the end of each billing cycle unless canceled by you. You can manage your subscription settings through your account.</li><li><strong>Currency and Taxes: </strong>All fees are stated in [Currency]. You are responsible for any applicable taxes imposed on your use of the Application.</li></ol></li><li><strong>Privacy Policy</strong><ol><li><strong>Data Handling: </strong>We handle personal data in accordance with our Privacy Policy. By using our Application, you consent to the collection, use, and disclosure of your information as described therein.</li><li><strong>Security:</strong> We employ industry-standard measures to protect the security and confidentiality of your information. However, no method of transmission over the internet or electronic storage is entirely secure; therefore, we cannot guarantee absolute security.</li></ol></li><li><strong>Cancellation and Termination</strong><ol><li><strong>Cancellation: </strong>You may cancel your subscription at any time through your account settings or by contacting our customer support team. Upon cancellation, your access to subscription features will continue until the end of the current billing period.</li><li><strong>Termination:</strong> We reserve the right to suspend or terminate your access to the Application at our discretion if you violate these Terms or engage in conduct that we determine, in our sole discretion, to be inappropriate or harmful.</li><li><strong>Effects of Termination:</strong> Upon termination, your right to access and use the Application will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.</li></ol></li><li><strong>Updates and Modifications</strong><ol><li><strong>Changes to Terms:: </strong>We may update these Terms from time to time to reflect changes in our Application or legal requirements. We will notify you of any material changes by posting the updated Terms on our website or notifying you through the Application. Your continued use of the Application after such changes constitutes acceptance of the updated Terms.</li><li><strong>Notification:</strong> It is your responsibility to review these Terms periodically for any updates or changes. We may also notify you of changes through email or other means.</li></ol></li><li><strong>Limitation of Liability</strong><ol><li><strong>Disclaimer: </strong>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.</li><li><strong>Limitation of Liability: </strong>IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.</li></ol></li><li><strong>Governing Law and Dispute Resolution</strong><ol><li><strong>Jurisdiction: </strong>These Terms shall be governed by and construed in accordance with the laws of India Jurisdiction, without regard to its conflict of law principles.</li><li><strong>Dispute Resolution: </strong>Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Bhopal, Madhya Pradesh in accordance with the rules of [Arbitration Organization].</li></ol></li><li><strong>Indemnification:</strong><ol><li><strong>Indemnity: </strong>You agree to indemnify and hold harmless SHIVOM TECHNOLOGIES PVT LTD, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with your use of the Application or violation of these Terms.</li></ol></li><li><strong>Contact Us:</strong><ol><li><strong>Support: </strong>: If you have any questions about these Terms or our Application, please contact us at <a href="mailto:contact@shivomgroup.com">contact@shivomgroup.com</a> or <a href="https://devops.mysmartpg.com/public/term-and-conditions#">visit www.shivomgroup.com</a>.</li></ol></li><li><strong>Severability:</strong><ol><li><strong>Severability: </strong>If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.</li></ol></li><li><strong>Entire Agreement:</strong><ol><li><strong>Entire Agreement: </strong>These Terms constitute the entire agreement between you and SHIVOM TECHNOLOGIES PVT LTD regarding your use of the Application, superseding any prior agreements or understandings, whether oral or written.</li></ol></li></ol>