Terms of Use

Updated on: 31th January 2018.

Welcome to PSDN, the platform and online service ofPSDN. The terms - “PSDN”, “PSDN-VTS”, “we,” or “us” refers to the owner of the PSDN platform. The term “you“ refers to users, clients, visitors and others, who access the platform.

This Terms of Use Agreement sets out the terms and conditions of the use of our online and/or mobile services and software provided on or in connection with the service and the platform. By accessing or using the platform, you are confirming that you accept these Terms and also the PSDN Privacy Policy, available here, whether or not you are a registered user of our platform. These Terms apply to all visitors, clients, users, and others who access platform and the Services. If you do not agree to these Terms, and also Privacy Policy, you shall not use this platform and Services.

THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT AND PSDN GOVERNING YOUR USE OF PSDN SUITE OF REAL-TIME LOCATION TRACKING SOFTWARE, PLATFORM AND SERVICES.

• “Account” – a virtual space detached for the User by means of software and intended for the use of Services, the access to which is provided for users automatically upon their successful registration, verification and upon acceptance of these Terms.
• “Beta Services” – certain Services provided for the purpose of testing and evaluation.
• “Business day” – a day, which is not Sunday or public holiday in India.
• “Services” – services for online location and tracking of the movable assets, including the movement history, geo-based notifications, field tasks management, communication, fleet costs calculations, fuel usage reporting, scheduling vehicle maintenance, related apps, tools and support services, which are provided byPSDN.
• “Terms” – this Terms of Use Agreement, which consists of the following terms and conditions (“General Terms”) and terms and conditions, which are specific to use of individual Services (“Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
• “PSDN” – Venera Software Pvt. Ltd., which owns the platform.
• “User” – any person, who has registered an Account with PSDN, accepted these Terms and Privacy Policy in entirety, and uses the Services.
• “User Content” – any content, created and made available by Users.
• “Visitor” – any person, who visits PSDN, but doesn’t have an account.
• “Platform” – PSDN website https://www.PSDN.in or https://my.PSDN.in

PSDN provides an array of Services for online location and tracking of people, movable assets including vehicles, humans and other, view of their movement history, geo-based notifications, field tasks management, communication, fleet costs calculations, fuel usage reporting, scheduling vehicle maintenance, related apps, tools and support services. The Services are applicable for your personal and business use or for internal business purpose for the organization, that you represent. You can connect to the Services using any Internet browser and mobile apps supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your Account and publish and share such content. PSDN is not responsible for the User Content. PSDN does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any reason, including but not limited to, the User Content that, at PSDN’s sole discretion, violates these Terms.

We reserve the right to modify, amend or otherwise change the Terms upon notice to you at any time through a service announcement, notification on our website or by sending email to your primary email address. The new version of the Terms shall come into force at the moment it is placed on the website, unless otherwise provided by the new version thereof. By accessing the platform or using the Services after the effective date of any change you agree with the modified Terms. If we make changes to the Terms, that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate the use of the Services by providing PSDN a notice by email within 30 days of being notified of the availability of the modified Terms. If the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services, you will be entitled to the prorated refund of the unused portion of any prepaid fees.

In order to access or use the Services, you need to sign up for an Account by providing all required information. In order to use the Services for corporate internal use, PSDN recommends to sign up for user Account by providing your corporate contact information. By signing up on PSDN, you agree to: provide true, accurate, current and complete information about yourself (or the corporate body) as prompted by the sign up process; maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your Account and refuse of any or all of the Services. The Account may be registered by any person, who has the right and legal capacity to use the Services provided by PSDN, and is not barred or otherwise legally prohibited from accessing or using PSDN. You have to be at least 18 years old to register the Account.

We may offer certain Services as closed or open Beta Services for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We reserve the right to decide on the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that PSDN will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason. Your subscription to any Beta Services does not oblige you to use the paid Services.

The Services may include certain communications from PSDN, such as service announcements, administrative messages and newsletters. You agree that these communications are part of the Services use.PSDN provides you the option of opting out from receiving newsletters, however, you will not be able to opt-out from receiving service announcements and administrative messages. You are solely responsible for the acquaintance with the announcements and administrative messages and for the updating of the communication credentials (e-mail address). We will send the service announcements and administrative messages to your primary e-mail address.

If we receive a complaint from any person against you, with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You shall respond to the complainant directly within 30 (thirty) days of receiving the complaint forwarded by us and copy PSDN in the communication. If you do not respond to the complainant within 30 (thirty) days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 30 (thirty) days’ time limit will be construed as your consent to disclosure of your name and contact information by PSDN to the complainant.

You agree that you are responsible for your own use of the Services, for any submission you make, and for any consequences thereof. You agree that you will use the Services in compliance with these Terms,PSDN Privacy Policy, all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. PSDN reserves the right, at its discretion, to suspend the provision of service in the event of your breach of these Terms, federal and national laws till the elimination of violations. In this case, PSDN will notify you by your primary e-mail. In addition to all other terms and conditions of these Terms, you are not permitted to: access and use confidential information, that you are not allowed to deal with; cause threat or make harm for any persons or organizations; impersonate another person, falsify the addresses of devices you use with the Services; post, or otherwise make available any unsolicited or unauthorized messages and materials, including illegal, harassing, threatening, malicious, libelous, abusive, violent, obscene; disrupt the Services, including any unauthorized access, use or monitoring of relevant data or traffic transmission meaningless and useless information, creating unnecessarily high load on the Services; use automated programs (bots, robots, “spiders”, scrapers, and other programs having similar functions) and scripts, in particular, for the collection of the information of the other Users or the Service in whole and for mass or targeted distribution (spam, etc.); use the Services and associated radio-emitting and navigation equipment in places where it is prohibited or is dangerous; reproduce, copy, duplicate, sell, resell, lease or exchange of the Services (or any part thereof); use the Services in any other way that is illegal or fraudulent, or has any unlawful or fraudulent purpose or effect. THE SERVICES MUST NOT BE USED AS A RELIABLE SOURCE OF INFORMATION IN SITUATIONS WHERE ERRONEOUS, INACCURATE, UNTIMELY OR INCOMPLETE DATA MAY RESULT IN DEATH, INJURY, DAMAGE OR LOSS OF THE PROPERTY OR ENVIRONMENT DAMAGE.

According to these Terms you agree: to be solely responsible for the contents of your transmissions through the Services; not engage in any activity on using the Service or upload User Content, which is or includes materials , which are unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another; not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. PSDN reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

We reserve the right to terminate unpaid user accounts that are inactive for 30 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice in 5 days of such termination to your primary email address. The data deletion policy may be implemented with respect to any or all of the Services. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

We respect intellectual property rights and expect you to do the same.PSDN exclusively owns all rights, title, and interest in the “PSDN” name, “PSDN” logo, the names of individual Services and their logos, patents, copyrights (including rights in derivative works), trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in PSDNand relating web-pages, documentation etc. We may make certainPSDN logos or marks available for use by the User to allow them identify PSDN as the Service provider. The User may never use anyPSDN logos or marks without our express permission. During the term hereof, the User may publicly identify Administration as the provider of the Services to the User. You are an owner of the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant PSDN the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for PSDN’s commercial, marketing or any similar purpose. But you grant PSDN the permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your Account solely as required for the purpose of providing the Services to you.

Support, except for technical and related to the basic access to the platform, is provided to users with paid subscriptions only. Available communication channels and response time may vary depending on the plan. Appropriate conditions are applied in regards of tracked assets independently, i.e. you can have assets on various plans and get support service accordingly.

PSDN may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. PSDN makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS“ AND “AS-AVAILABLE“ BASIS. PSDN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.PSDN MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY DOWNLOADED OR OBTAINED MATERIAL THROUGH THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROMPSDN, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY, NOT EXPRESSLY STATED IN THE TERMS.

You agree that PSDN shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the Service, even if PSDN has been advised of the possibility of such damage. In no event, will PSDN’s entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service. If you lose access to your Account as a result of your(i) violation of these Terms, (ii) negligence concerning the cybersecurity and any other necessary measures, including precautionary and preventive measures, that resulted in theft of your Account, (iii) any other action (act or omission),PSDN shall not be liable under these Terms. You hereby represent and warrant that you will be solely responsible for these losses and will not make any claims to PSDN connected to such losses.

You agree to indemnify and hold harmless of PSDN, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of applicable law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by PSDN.

We may suspend your user Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity or requests by law enforcement or other government agencies. Objections to suspension or disabling of Accounts should be made to info@PSDN.in within 13 days of being notified about the suspension. PSDN will immediately notify you about such suspension by email to your primary email address. We may terminate a suspended or disabled user account after 15 days since satisfaction your objection. In addition, we reserve the right to terminate your Account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your account at any time. Upon the termination, we will delete all the information of your account after such termination and all of the rights granted under these Terms will immediately come to an end; and all of the Client’s data and content may be deleted from our systems immediately. Termination of the Account will include denial of access to all Services. The Client’s content cannot be recovered once their Account is cancelled. If PSDN breaches its obligations under these Terms, you will be entitled to prorated refund of any prepaid fees.

If you have any questions or concerns regarding this Terms of Use Agreement, please contact us at info@PSDN.in. We will respond to all inquiries within 30 days of receipt upon ascertaining your identity.