These terms and conditions ("Terms") govern the use of or access to https://crewmetrics360..com ("Website") and the Services (defined below). The Website is collectively referred to as the "Solution".

These Terms also include (our privacy policy, available at ("Privacy Policy"), and any guidelines, additional terms, Privacy Policy, or disclaimers made available or modified by us regularly. These Terms could be updated by us, without notice to you and the Terms, as amended, shall apply to all. You can always review the most current version of these Terms on our Solution.

These Terms constitute a binding and enforceable legal contract between Codon Software Private Limited ("Crew Metrics") and a User (defined below) or any end user of the Services (collectively, "you"). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are legal age of eighteen years or older. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms.

By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Solution or use the Services.

SERVICES

The Solution allows businesses (hereafter, "Customers") to record their internal trainings, with their teams ("Users"). In addition, the Solution uses technology to facilitate transactions between Customers and Users and uses data-backed insights to meet Users' untapped needs. Further, Crew Metrics facilitates the provision of feedbacks from trainings to Users (all the services described here, including the provision of the Solution and its features, collectively constitute the "Services"). Customers and Users are collectively referred to as "Users". For the avoidance of doubt, Users may be considered a Customer in certain transactions (and vice versa).

PROFILE CREATION

To avail the Services, a Customer would be required to create a profile on the Solution ("Profile"). In addition to setting up username and password to create the Profile, the Customers will be required to furnish certain details, including but not limited to phone numbers and details of their businesses. The Customers warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respect, and agrees that it shall promptly update its details on the Solution in the event of any change or modification.

The Customer is solely responsible for maintaining the security and confidentiality of its username and password, and agrees to immediately notify Crew Metrics of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.

The Customers expressly agrees to be liable and accountable for all activities that take place through its Profile. Crew Metrics shall in no manner be held liable for any unauthorized access to a Customers's Profile.

The Customers agrees to receive communications from Crew Metrics regarding: (i) information relating to transactions recorded on the Solution; (ii) requests for payment; (iii) information about Crew Metrics and the Services; (iv) promotional offers and services from Crew Metrics and (v) any other matter in relation to the Services.

KYC

Crew Metrics may be required to undertake certain "know your customer" processes in relation to Users who intend to avail certain features of the Services. In this regard, Crew Metrics from time to time shall require Users to upload information and documents that may be necessary to ascertain their eligibility to use certain features of the Services ("KYC Documents").

The User authorises Crew Metrics, and any third-party service provider it may engage with, to process KYC Documents and ascertain its eligibility. Any processing undertaken by Crew Metrics shall be in accordance with its Privacy Policy. The User agrees that it may be subject to additional terms of service in the event a third party processes information under this Clause. Further, In the event any additional information, data, or documentation is required to determine eligibility (collectively, "Additional Information"), the User hereby agrees to share such Additional Information promptly upon request, and further, authorises Crew Metrics to process such Additional Information.

The User agrees and warrants to provide true, complete, and up-to-date KYC Documents and Additional Information. The User further acknowledges that (i) any false or misleading information provided in this regard shall constitute a material breach of these Terms, and (ii) its access to certain features of the Services may be limited or denied if it fails to share KYC Documents and Additional Information.

TRANSACTION INFORMATION

Customers may upload information relating to transactions with Customers, including schedules creation, course content uploads, feedback templates etc. on the Solution (such information is referred to as "Transaction Information"). Transaction Information may be exchanged between Customers and Customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Customers and Customers provided on the Solution.

At the time of creating or uploading the first Transaction Information with respect to a Customer, the Customers shall inform such Customer of its use of the Solution to record such Transaction Information and Transaction Information related to future transactions and seek such Customer's express consent in this regard and to:

The creation of a profile of the Customer on the Solution, which will require sharing such Customer's phone number and contact details with Crew Metrics;

receive communications from Crew Metrics regarding: (A) information relating to their transactions recorded on the Solution; and (B) any other matter in relation to the Services.

Should the Customer fail to provide consent, or withdraw consent, the Customers shall immediately cease to use the Services in relation to that Customer.

THIRD PARTY SERVICES

The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party ("Third Party Services") or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.

Crew Metrics makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

YOUR RESPONSIBILITIES

The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to Crew Metrics's notice. Crew Metrics does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.

The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard. The User shall extend all cooperation to Crew Metrics in its defence of any proceedings that may be initiated against it due to a breach of the User's obligations or covenants under these Terms.

The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:

infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party; except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;

use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;

use any robot, spider, other automated device, or manual process to monitor or copy the Solution or Services or any portion thereof; engage in the systematic retrieval of content from the Solution or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;

use the Services in
(A) any unlawful manner,
(B) for fraudulent or malicious activities, or
(C) in any manner inconsistent with these Terms; or violate applicable laws in any manner.
OUR INTELLECTUAL PROPERTY

All rights, title, and interest in and to the Solution and Services, including all intellectual property rights arising out of the Solution and Services, are owned by or otherwise licensed to Crew Metrics. Subject to compliance with these Terms, Crew Metrics grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Solution and Services in accordance with these Terms and its written instructions issued from time to time.

Crew Metrics may request Users to submit suggestions and other feedback, including bug reports, relating to the Solution or Services from time to time ("Feedback"). Crew Metrics may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User's intellectual property rights.

Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Crew Metrics's or any third party's intellectual rights.

TERM AND TERMINATION

These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

Crew Metrics may terminate a User's access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.

Upon termination under Clause 8(b):
the Services will "time-out";
the User shall not be eligible to avail any features of the Services; and

These Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

Notwithstanding anything to the contrary contained in the Terms, upon termination of a User's access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.

DISCLAIMERS AND WARRANTIES

The use of the Services is at your sole risk.

You acknowledge and agree that Crew Metrics is not engaged in the provision, grant, or disbursement of any financial product. Crew Metrics is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.

Crew Metrics is merely a technology service provider and:
does not hold any licence to engage in any activities relating to financial products; and

To the extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. Crew Metrics does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.

To the fullest extent permissible under applicable law, Crew Metrics expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.

You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that Crew Metrics shall have absolutely no liability with respect to the same.

To the fullest extent permissible by law, Crew Metrics, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:

your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;

the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to Crew Metrics's records, programmes, services, server, or other infrastructure relating to the Services; or the failure of the Services to remain operational for any period of time.

Notwithstanding anything to the contrary contained herein, neither Crew Metrics nor any of its affiliates or related parties shall have any liability to you for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless Crew Metrics, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.

INDEMNITY

You shall indemnify, defend at Crew Metrics's option, and hold Crew Metrics, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with Crew Metrics, of these Terms.

CONSENT TO USE DATA

You agree that Crew Metrics may in accordance with its Privacy Policy collect and use your information and technical data and related information.

Crew Metrics may use information and data pertaining to your use of the Services for analytics, trends' identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Solution.

Subject to applicable laws, Crew Metrics may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, Crew Metrics shall have the right to share such data with relevant agencies or bodies.

MODIFICATION

Crew Metrics reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. Crew Metrics shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Hyderabad shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Hyderabad in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by Crew Metrics. The language of the arbitration shall be English.

The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.

Each party to the arbitration shall bear its own costs with respect to any dispute.

MISCELLANEOUS PROVISIONS

Modification - Crew Metrics reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.

Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

Assignment - You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Crew Metrics's prior written consent. Crew Metrics may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Crew Metrics may assign its rights to any of its subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.

Notices - All notices, requests, demands, and determinations for Crew Metrics under these Terms (other than routine operational communications) shall be sent to help@crewmetrics360.com.

Third Party Rights - No third party shall have any rights to enforce any terms contained herein.

Translations -Crew Metrics may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail

LAST UPDATED: [1st November 2022

Privacy Policy ("Guideline") outlines Codon Software Private Limited's ("Crew Metrics", "we" or "us") process in relation to the storage, use, processing, and disclosure of data that you have chosen to share with us when you access our website https://cremetrics360.com (in a whole, the "Solution"), or data that we may have access to in relation to your use of the Services.

At Crew Metrics, we are committed to protecting data and respecting your privacy. Please read the following terms of the Guideline carefully to understand our Privacy Policy regarding your personal data and how we will treat it. This Guideline sets out the basis on which any personal data we collect from you, we collect about you, or that you provide to us, will be processed by us.

Capitalised words in the Guideline shall have the same meaning ascribed to them in the Terms and Conditions ("Terms"), available at Terms & Conditions. Please read this Guideline in consonance with the Terms.

THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data that is not relevant for Crew Metrics operations.

We may collect, use, store and transfer different kinds of data about you to provide you with or in connection with the Services. Such data includes:

data pertaining to your identity and profile-related data, such as your first and last name, username or similar identifiers, passwords, feedback, survey responses, etc.;

contact details, including email addresses, phone numbers, delivery addresses, business addresses, etc.;

transaction data, including details about payments to and from you and details of course trainings attended;

technical data includes IP addresses, browser types and versions, time zone settings and locations, operating systems, and other technology on the devices you use to access the platform;

usage data including information about how you use our Services; and marketing and communications data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, and use aggregated data such as statistical or demographic data for better analytics. Aggregated data could be derived from your personal data but is not considered personal data under applicable laws. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature of the Services.

Where we need to collect personal data by law, or under the terms of the arrangement we have with you, and you fail to provide that data when requested, we may not be able to perform our obligations under the arrangement we have with you or are trying to enter into with you (for example, to provide you with features of the Services). In this case, we may have to cancel or limit your access to the Services, but we will notify you if this is the case at the time.

HOW DO WE COLLECT DATA ABOUT YOU?

We use different methods to collect and process data about you.

Information you provide during account creation - This is the information (including identity, contact, and marketing and communications data) you consent to giving us about you when you create a Profile or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the Services, or share data through the Services, through other activities commonly carried out in connection with the Services, and when you report a problem with the Solution and our Services. If you contact us, we will keep a record of the information shared during the correspondence.

Information we collect about you and your device - Each time you visit our Solution or use one of our Services, we will automatically collect personal data including device and usage data. We collect this data using cookies and other similar technologies.

Information we receive from other sources including third parties and publicly available sources - We will receive personal data about you from various third parties and public sources as set out below:

Analytics providers such as Google and Facebook;
Advertising networks;
Search information providers;
Contact, financial and transaction data from providers of technical, payment, and delivery services;
Identity and contact data from data brokers or aggregators; and
Identity and contact data from publicly available sources.

HOW DO WE USE AND DISCLOSE DATA WE COLLECT?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data to provide you with the Services, or where we need to comply with a legal obligation.

You understand that when you consent to providing us with your personal data, you also consent to us saving the same in our database. You are aware that by using our Services or creating an account on the Solution, you authorise us, to contact you via email, phone, or otherwise. This is to ensure that you are aware of all the features of the Services.

You are aware that any and all information pertaining to you, whether or not you directly provide it to us (via the Services or otherwise), including but not limited to personal correspondence such as emails, instructions from you etc., may be collected, compiled and shared by us in order to render Services to you and you expressly authorise us to do so. This may include but not be limited to storage providers, payments systems providers, marketing partners, data analytics providers, and consultants, lawyers, and auditors. We may also share this information with our parent company, or subsidiaries.
You agree and acknowledge that we may share data without your consent, when it is required by law or by any court or government agency or authority to disclose such information. Such disclosures are made in good faith and belief that it is reasonably necessary to do so for enforcing this Guideline or the Terms, or in order to comply with any applicable laws and regulations.

In general, we will not disclose personal data except in accordance with the following purpose/activity:

To install the Solution and register you as a user;
To deliver Services;
To manage our relationship with you including notifying you of changes to any Services;
To administer and protect our business and the Services including troubleshooting, data analysis and system testing;
To deliver content to you;
To monitor trends so we can improve the Services;
To perform our obligations that arise out of the arrangement we are about to enter or have entered with you;
To enforce our Terms;
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests;
To comply with a legal or regulatory obligation.

You authorise us to send you electronic alerts and messages for details pertaining to registration on the Solution, requirements arising out of the provision of Services.

Further, you agree to receive promotional and other emails and other forms of communication from us. Through such communication you will receive information about the latest developments on the Services. You may unsubscribe from our mailing list at any time, via the unsubscribe option we offer. TRANSFER OF PERSONAL DATA

As a part of your use of the Services, the information and personal data you provide to us may be transferred to and stored at countries other than India. This may happen if any of our servers are from time to time located in a country other than India, or one of our service providers is located in a country other than India. We may also share information with entities of countries other than India. These countries shall be subject to data laws of their respective countries.

If you use the Services while you are outside India, your information may be transferred to a country other than India in order to provide you with the Services.

By submitting your information and personal data to us, you agree to the transfer, storage, and/or processing of such information and personal data outside India in the manner described above.

THIRD PARTY LINKS AND USER EXPERIENCE IMPROVEMENT SERVICES

Our Services may, from time to time, contain services provided by or links to and from the websites of our partner networks, advertisers and affiliates ("Third Party Services"). Please note that the Third Party Services, that may be accessible through our Services have their own privacy Privacy Policy. We do not accept any responsibility or liability for the Privacy Policy or for any personal data that may be collected through the Third Party Services. Please check their Privacy Policy before you submit any personal data to such websites or use their services.

We use third-party user experience improvement services (including but not limited to those provided by Google Inc and/or its affiliates) and applications to better understand your behavior on the Services.

The information collected includes (but is not limited to):

preferences; and
interests.

Your relationship with these third parties and their services and tools is independent of your relationship with us. These third parties may allow you to permit/restrict the information that is collected. It may be in your interest to individually restrict or enable such data collections.

The place of processing information depends on each third-party service provider and you may wish to check the privacy policy of each of the service providers to identify the data shared and its purpose. You will be subject to a third party's privacy policy if you opt in to receive communications from third parties. We will not be responsible for the privacy standards and practices of third parties.

COOKIES

We use cookies and/or other tracking technologies to distinguish you from other users of the Services and to remember your preferences. This helps us to provide you with a better user experience when you use our Services and also allows us to improve the Services.

We collect data by way of 'cookies'. Cookies are small data files which are sent to your browser from the Solution and are stored on your computer or device (hard drive). The cookies shall not provide access to data in your computer or device such as email addresses or any other data that can be traced to you personally.

The data collected by way of cookies will allow us to administer the Services and provide you with an user-friendly service. The cookies shall enable you to access certain features of the Services. Most web browsers and devices can be set to notify when you receive a cookie or prevent cookies from being sent. If you do prevent cookies from being sent, it may limit the functionality that we can provide when you visit the Solution or try to access some of the Services.

Additionally, you may encounter cookies or other similar devices on certain pages of the Services that are placed by third parties. We do not control the use of cookies by third parties. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities in relation to the Services, we may collect such information into a file specific to you.

DATA SECURITY

We implement certain security measures including encryption, firewalls, and secure socket layer technology to protect your personal information from unauthorized access and such security measures are in compliance with the security practices and procedures as prescribed under the Information Technology Act, 2000 and the applicable rules (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules, 2011). However, you agree and acknowledge that the above-mentioned measures do not guarantee absolute protection to the personal information and by accessing the Services, you agree to assume all risks associated with disclosure of personal information arising due to breach of firewalls and secure server software.

Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Services, you are responsible for keeping this password secret. We ask you not to share the password with anyone.

DATA RETENTION

You are aware that your personal data will continue to be stored and retained by us for a reasonable period after termination of your account on the Solution.

BUSINESS TRANSITIONS

You are aware that in the event we go through a business transition, such as a merger, acquisition by another organization, or sale of all or a portion of our assets, your personal data might be among the assets transferred.

CHANGE IN PRIVACY POLICY

We keep our Guideline under regular review and may adapt this Guideline from time to time, at our sole discretion.
The terms of this Guideline may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email. The new Guideline may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Services.

GRIEVANCE OFFICER

You may contact us at help@crewmetrics360.com with any enquiry relating to this Guideline or an enquiry relating to your personal information (including reviewing or updating). You can also do so by writing to our Grievance Officer, established in accordance with the Information Technology Act, 2000 and rules made thereunder, at the address provided below:

Name: Grievance Officer
Email Address: support@crewmetrics360.com
Address: Codon Software Pvt Ltd
161/1, Road No: 13A, Jubilee Hills
Hyderabad, Telangana 500033