Terms of Use

Last updated: April 01, 2022

Hello and welcome to PetroByte, and thank you for showing interest in PetroByte.

The Terms of Use govern your access and use of our web application and related services (together, the “Services”), even if you are signing on using an account provided by BeanByte or its authorise Resellers. The Terms of Use apply to all the users of the Service.

If you access and use our Services, you agree to be bound by the Terms of Use. If you no longer accept the Terms of Use, or any future modification to the Terms of Use, you must cease to use our Services. Continued use of our Services indicates your continued acceptance of the Terms of Use.

If you have any questions, you can write to terms@petrobyte.in .

Our Privacy Policy and Cookie Policy are deemed incorporated in the Terms of Use. Please make sure that you read and understand these policies from policy page.

In the Terms of Use, words such as “Us”, “PetroByte”, “We” and “Our” refers to BeanByte Softwares Private Limited, and, if applicable, our affiliates and subsidiaries.

In the Terms of Use, words such as “User”, “You”, “Visitor” and “Client” refers to Application user, and, if applicable, its sub-users.

In the Terms of Use, words such as "Website", "Site" refers to petrobyte.in and words such us "Software", "PetroByte", and "Application" refers to petrobyte.app

Introduction

Thanks for using our products and services ("Services", "Our Services" , "Software"). The Services are provided by BeanByte Softwares Private Limited ("BeanByte"), located at Kadamb 3, Urban Woods, Vatika Infotech City, Jaipur-302026, Rajasthan, India.

Registration for Service

Our Services are not intended for use by anyone under 16 years old. You represent that you are over 16 years old, and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purposes if either of the representations in the preceding sentence is not true.

When using our Services, you may be required to create an account with us. You agree that you are responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities under your account.

By registering to use our Services, you agree that:

• your account and password are personal to you, and may not be used by anyone else;
• you will not do anything which would assist anyone who is not a registered user to gain access to the Services;
• you will not create registration accounts for the purpose of abusing our Services (or our support community), or other users, nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware of any unauthorized use of your password or account identifiers by others.

User Content

"User Content" means any and all information and content that a user submits to the WebSite or PetroByte Application. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy.

When you submit content as part of the Services (the “User Content”), you agree and represent that you have created the User Content, or you have received permission from, or are authorised by the owner of any part of the content to submit such User Content.

You or the owner of the User Content still own the copyright. By submitting User Content, you are giving us a revocable, royalty-free, perpetual worldwide licence to process the User Content on your behalf, to provide our services to You and to follow your instructions. User Content is secured and Confidential with Us and would not be public in any case. You agree that from your User Content, we can generate MetaData which is de-identified, aggregated, and subsequently used for analytics, performance, and other operational purposes (i.e. Software or Application Improvement and future updates). De-identified means that it cannot be associated with You, a User, or one of our Client and does NOT relate to your IP. MetaData can not be sold, transferred, or accessed by third parties.

Your warrant that the User Content and your use of Services is not:

• obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal; or
• in violation of any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.

You agree not to submit content which is deliberately intended to upset or harm other users. This means that you will not submit content which victimizes, harasses, degrades, or intimates an individual or group of individuals, in particular on the basis of religion, gender, sexual orientation, race, colour, creed, ethnicity, gender, national origin, citizenship, age, marital status, disability or otherwise.

You agree not to upload or otherwise transmit any content which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionalities included in our Services, or any computer software or hardware or telecommunications equipment under our control, or the control of our other service providers (i.e. Cloud Service Provider etc.).

Each Site User or Application User is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by other authorised user by You. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and Your authorised Used or any other related user, we are under no obligation to become involved.

We accept no liability in respect of any User Content.

More Important Rules

We trust our users, and it’s great to have you using our Services. Still, we have to mention a few more housekeeping rules. Please do not:

• attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein;
• attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
• access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
• use the Services in any manner that may harm minors or that interacts with or targets people under the age of 16;
• engage in activity that incites or encourages violence or hatred against individuals or groups;
• impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
• access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
• send unsolicited communications, promotions or advertisements, or spam;
• place any advertisements within our Services;
• send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
• abuse referrals or promotions to get more credits than deserved;
• sublicence, resell, time share or similarly exploit the Services;
• use the Services for commercial purposes, as the Services are intended for petrol pump use by petrol pump retail outlet business;
• use contact or other user information obtained from the Services (including email addresses) to contact other users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for users for use outside of the Services; or
• authorize, permit, enable, induce or encourage any third party to do any of the above.

Acceptable Website Use

(a) Security Rules, Visitors are prohibited from violating or attempting to violate the security of the Website or PetroByte Web Application, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules, Visitors may not use the WebSite or PetroByte Web Application in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Trial

User will get 30 days Trial to use Our Services. Trial starts from User registration date, after 30 days of registration Your trial will be expired.

Once trial gets over, User is not allowed to access our Services. In respect with access Our Services, User must subscribe using our available plans or purchase licence validity from BeanByte.

Trial eligibility is determined by BeanByte at its sole discretion, and we may limit eligibility or duration to prevent trial abuse. We reserve the right to revoke the trial and put your account on hold in the event that we determine that you are not eligible. You are also not eligible for use trial again if once you have used once in past.

It is not Free Trial, these 30 days will count into your subscription period once you subscribe using available plans.

We will not charge automatically to you for your annually licence fee at the end of the trial. After trial over, your account will be deactivated with the note of licence expired. To activate your account you must extend license validity by selecting License subscription plans and make payment to BeanByte. Once we received Payment from User, User account will activate within 30 minutes to 2 hours.

License

The Software is Licensed, Not Sold. A software license is a legal instrument governing the use of software to Users who intend to use Our Services.

PetroByte is Proprietary Software, also known as "closed-source software", is a non-free computer software for which the software's publisher (BeanByte) retains intellectual property rights. We only provide restricted Licence for our software.

BeanByte grants you a non-transferable, non-exclusive, revocable, limited license to access the Our Services for your own personal, noncommercial use.

Software users have rights to preform, rights to access, and rights to display. Software users do not have rights to copy, modify, distribute and sub-license of software.

When You register to use BeanByte Services, we will provide you Licence Key, and then User can deploy Database on Our cloud server using provided License key. Once database deployed, User requires to set username and password (the "Login Credentials") to access the database or access the account. The Login Credentials are the means through which you access Our Services through official login portal. You acknowledge and agree that it is your responsibility to safeguard the Login Credentials you select from any unauthorised use. IN NO EVENT WILL BEANBYTE BE LIABLE FOR THE UNAUTHORISED USE OR MISUSE OF YOUR USERNAME OR PASSWORD.

Users are responsible for maintaining accurate account information at all times, including personal information and Business information. This information can be updated in your account control panel.

Subscription

We offer 3 different type of licence subscription plans to Users for extend their license validity.

We only offer annually subscription plans. If User License validity has expired it means His subscription has ended, now User requires to Re-new subscription using available plans.

Visit https://pay.petrobyte.app or click here to know more in detail about PetroByte license subscription plans.

Trademarks, Copyrights and other Proprietary Rights

The Content on this WebSite are only for public view, not for your personal, and Our software services are not for commercial exploitation (for example, by resale to others or by republication to the public). Further, you may not de-compile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from this Website, BeanByte Software Services or from the Materials.

You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor our Website and software Services.

Our trademarks, logos, products and Services names are our trademarks. Except as otherwise permitted by law, please do not use or display in any manner our trademarks without our prior consent.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.

All title, ownership rights and intellectual property rights in and to the Services and any and all copies thereof, are owned by us. All rights are reserved, except as expressly stated otherwise, including in an End User License Agreement with a User.

All content included in or made available through the Services by PetroByte, such as text, graphics, logos, images, audio clips and digital downloads are our intellectual property.

No portion of the Services or the Content may be reproduced in any form or by any means, except as expressly permitted by the Terms of Use. We reserve our right to modify, suspend or discontinue the Services (or any part of the Content thereof) at any time with or without notice to you if you do not respect the obligations of this Section, and we will not be liable to you or to any third party if we exercise these rights.

The software PetroByte (SaaS offered by BeanByte) is not open source or freeware. The software is protected by the copyright laws. You do not have any rights to distribute the software or any parts of it. The features and functionality of software are also protected by the India copyright act, 1957.

Indemnification

If, for any reason, we believe that you have not complied with the Terms of Use, we may, at our sole discretion, cancel your access to the Services immediately, and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

The Terms of Use remain effective until Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by Us. If applicable, please contact Us, at any time or for any reason, wish to terminate your account.

Limitation of Liability

Although we will do our best to provide constant, uninterrupted access to the Services, we do not guarantee this. We accept no responsibility or liability for any interruption or delay directly to users.

We make no representations or warranties of any kind, whether express or implied, to you relating to the Services, which are provided to you on an ‘as is’ and ‘as available’ basis and the use of the Service is at Your own risk.

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service.

Our maximum aggregate liability to you or any user for any breach of the Terms of Use or otherwise is one thousand rupees (INR 1000) in the aggregate.

In sum, in no event, shall Company's total liability to the User is one thousand rupees (INR 1000) for all User Content damages or/and economic losses or/and User Content losses or/and causes of action

The foregoing disclaimers will not apply to the extent prohibited by applicable laws, and do not limit either party’s right to seek and obtain equitable relief.

Application of Consumer Law

Our Services are intended for use by businesses and organizations, and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms of Use will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription, if applicable, covering the remainder of the term.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Company or any parties, organisations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website, the Website material and Software Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisation or entities were advised of the possibility of such damages.

Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated.

Change to the Terms of Use

Please note that we may change the Terms of Use from time to time at our sole discretion, and we reserve the right to do it without your explicit consent. We will try our best to inform all our users when material changes are introduced, and we will make copies of the previous versions available to you on User request at terms@petrobyte.in.

Governing Law & Jurisdiction

The Terms of Use are governed by the law of India, and the Parties agree to submit to the exclusive jurisdiction of the courts in Jaipur, Rajasthan, India.

Waiver

No failure or delay by either party in exercising any right under the Terms of Use will constitute a waiver of that right. No waiver under the Terms of Use will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability

The Terms of Use will be enforced to the fullest extent permitted under applicable laws. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms of Use will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under the Terms of Use, whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld).

We may assign the Terms of Use in their entirety (including the documents referred to in the Terms of Use, such as the Privacy Notice), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of our assets.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: policy@petrobyte.in