Terms of Service

1. Acceptance of Terms

These Terms of Service (Terms) govern your access to and use of the Perfeckto Quality Management System (QMS) software and related services provided by Gyri Infotech (we, our, or us). By accessing or using our QMS software, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the QMS software.

2. Description of Services

Perfeckto QMS is a quality management system designed for the automotive industry. It provides tools and functionalities for managing quality processes, including but not limited to PPAP (Production Part Approval Process), supplier quality management, auditing, and compliance tracking.

3. User Accounts

To access certain features of the QMS software, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

You represent and warrant that the information you provide during account registration is accurate, complete, and current at all times. Failure to provide accurate information may result in the termination of your account.

4. License and Restrictions

4.1 License

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the QMS software for your internal business purposes during the subscription term.

4.2 Restrictions

• Copy, modify, or create derivative works of the QMS software
• Reverse engineer, decompile, or disassemble the QMS software
• Rent, lease, lend, sell, or sublicense the QMS software
• Remove or alter any proprietary notices or labels on the QMS software
• Use the QMS software in any manner that violates applicable laws or regulations
• Use the QMS software to store or transmit malicious code or infringing material
• Interfere with or disrupt the integrity or performance of the QMS software

5. Fees and Payment

You agree to pay all fees specified in your subscription plan. All payment obligations are non-cancelable, and fees paid are non-refundable. We may change our fees upon notice to you, and such changes will apply to subsequent subscription terms.

6. Intellectual Property Rights

The QMS software and its content, features, and functionality are owned by Gyri Infotech and are protected by intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or other brand elements.

You retain all rights to your data that you upload, submit, or process through the QMS software. You grant us a limited license to host, copy, transmit, and display your data as necessary to provide the QMS software to you.

7. Confidentiality

Each party agrees to keep confidential any proprietary or confidential information disclosed by the other party during the use of the QMS software. This obligation survives the termination of these Terms for a period of five (5) years.

8. Data Security and Privacy

We implement reasonable security measures to protect your data. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Warranties and Disclaimers

We warrant that the QMS software will perform substantially in accordance with the documentation during the subscription term. Your exclusive remedy for breach of this warranty is repair or replacement of the non-conforming software, or if repair or replacement is not commercially reasonable, termination of your subscription and a refund of prepaid fees for the remainder of the subscription term.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE QMS SOFTWARE IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

IN NO EVENT SHALL GYRI INFOTECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE QMS SOFTWARE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE QMS SOFTWARE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Gyri Infotech and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys fees, arising out of or in any way connected with your access to or use of the QMS software or your violation of these Terms.

12. Term and Termination

These Terms will remain in effect until your subscription expires or is terminated. We may terminate your access to the QMS software if you breach these Terms. Upon termination, you must cease all use of the QMS software and delete any copies in your possession.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

14. Modifications to Terms

We may modify these Terms at any time by posting the revised Terms on our website or within the QMS software. Your continued use of the QMS software after such modifications constitutes your acceptance of the revised Terms.

15. General Provisions

These Terms constitute the entire agreement between you and Gyri Infotech regarding the QMS software. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.