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IMPORTANT (Read Carefully): by using the Collabworx software platform, you agree and acknowledge that you purchased the licensee from AHOU Ventures LLP (hereinafter referred to as ‘AHOU’), and you agree to be bound by the terms of this agreement. If you do not agree to the said terms then in that case do not copy, access, or use the software platform.
Collabworx is an advanced collaboration and communication platform designed specifically for the real estate industry, enabling builders, contractors, vendors, and property owners to work together seamlessly on various project/s. With a focus on document management and communication, the Collabworx platform eliminates the need for downloading files, images, documents etc., allowing users to view, share, and manage documents directly within the system developed in Collabworx platform. By centralizing project information and streamlining communication, the platform reduces administrative overhead and helps users stay organized throughout the project lifecycle. Key features such as group discussions, document sharing, and project archiving empower Collabworx platform users to efficiently manage real estate projects without the risk of data duplication or outdated versions. The platform ensures that all stakeholders have access to the latest project documents, simplifying collaboration between different contractors and vendors.
Collabworx platform is built to address the unique needs of the real estate industry, providing users with a single point of access for all project-related data. Users can easily track project progress, collaborate with multiple parties, and access up-to-date documents without unnecessary downloads or manual updates. By enabling real-time communication and secure document handling, the platform minimizes miscommunication, keeps everyone informed, and ensures project transparency. With flexible monthly pricing per project, users only pay for what users need and required, and Collabworx platform offers a hassle-free payment system with automated billing. Whether user managing multiple contractors or handling complex projects, Collabworx simplifies operations, reduces the risk of errors, and ensures that your project runs smoothly from start to finish.
The following terms constitutes a binding agreement between You either an individual, company or other legal entity, and its affiliates (“Licensee”) and AHOU (“Licensor”) in respect of Collabworx. This End User License Agreement (“EULA”) is a legal agreement between the Licensee, and Licensor in respect of this Software platform that you may obtain by creating account using the credentials provided by Licensor. Collabworx platform supports multi-device access but may limit concurrent sessions based on the license agreement terms. Collabworx platform is compatible with modern browsers including Google Chrome, Mozilla Firefox, Microsoft Edge, and Safari (latest versions) for the web portal. For mobile access, Collabworx platform is supported on iOS and Android devices meeting specified OS version requirements. Stable internet connectivity is essential for optimal performance. A licensor may periodically release updates, bug fixes, and feature enhancements. These updates are typically deployed automatically to ensure seamless functionality, and Licensees may be notified in advance of any downtime required for significant updates or maintenance. Collabworx platform employs industry-standard encryption protocols for data transmission and storage. Platform access is controlled through secure authentication methods, including password protection and optional multi-factor authentication. Users are responsible for maintaining the confidentiality of their credentials or any other relevant information under this agreement.
For the purpose of this agreement the Licensor has made a website which is available at https://collabworx.in/ and on Play Store and App Store for the purpose of providing access to Collabworx pursuant to the Licensee from Licensor i.e., AHOU.
By accessing/downloading/installing/loading/operating/executing this Platform or a part thereof in accordance with the user Manual of Collabworx, you agree to bound by the terms and condition of this EULA.
a. “Affiliates” means an entity controlled by, under common control with, or controlling such party, where control is denoted as having fifty percent (50%) or more of the voting power (or equivalent) of the applicable legal entity. Subject to the terms and conditions of this Agreement, Affiliates may use the license granted hereunder. All references to Licensor shall be deemed to be references to Licensor and its Affiliates and all references to Licensee shall be deemed to be references to Licensee’s company or other legal entity and its Affiliate(s).
b. “Computer” means the hardware, if the hardware is a single computer system, whether physical or virtual, or means the computer system with which the hardware operates, if the hardware is a computer system component.
c. “Collabworx Platform” or “Collabworx” refers to the online collaboration tool provided by AHOU designed for real estate professionals to manage projects, documents, and communications between builders, contractors, vendors, and property owners.
d. “Software Platform” means the object code version of the product, together with the user manual, and all third-party software that Licensor may have purchased or licensed from third parties and delivered to Licensee as part of the Software, as well as any Updates provided by Licensor to Licensee pursuant to this Agreement.
e. “Licensee” refers to the individual or legal entity that has entered into this Agreement with the Licensor to obtain a license to use the Collabworx platform. The Licensee is responsible for all subscription payments and compliance with the terms of this Agreement. The Licensee is entitled to create and authorize Users within the organization to access Collabworx platform on any number of computers or devices owned by the Licensee.
f. “User” refers to any individual authorized by the Licensee to access and interact with the Collabworx Platform within the scope of the Licensee’s rights under this Agreement. Users may include employees, contractors, vendors, real estate developers, project owners or any other individuals designated by the Licensee.
g. “Project” refers to any real estate development, construction, or renovation activity managed through the Collabworx Platform, where stakeholders collaborate, share documents, and communicate to achieve project goals.
h. “Document Management” refers to Collabworx Platform’s functionality allowing Users to upload, view, share, and organize documents related to specific projects, ensuring secure and centralized access without the need for downloads.
i.“Subscription Fees” refers to the monthly charges payable by Users for using the Collabworx Platform for each project. These fees are automatically debited via the payment gateways integrated into the Collabworx Platform.
j. “Auto-Renewal” refers to the automatic continuation of the User’s subscription to the Collabworx Platform unless the User opts for cancellation before the billing cycle renews.
k. “Archive” refers to the Collabworx Platform feature allowing Users to close a project once completed, locking its access while preserving the data for future reference, unless permanently deleted as per the retention policy.
l. “Retention Policy” refers to the rule whereby the project data will be stored for up to seven years from the date of inactivity or non-payment, after which it will be permanently deleted.
m. “Login Access” refers to the User’s ability to access the Collabworx Platform, without restriction on the number of logins, for the purpose of managing and collaborating on projects.
n. “Auto-Debit” refers to the automatic deduction of subscription fees from the User’s payment method on a recurring monthly basis for ongoing projects on the Collabworx Platform.
o. “Notification” ” refers to the alerts sent to the User by the Collabworx Platform to inform them of upcoming payments, project statuses, or changes in subscription terms, including reminders Three days before the due date of payments.
p. “Project Lock” ” refers to the restriction of access to a project and its associated documents due to non-payment or non-renewal of the subscription, preventing further collaboration until payments are made.
q. “Payment Gateway” ” refers to any third-party service providers that process subscription payments on behalf of the Collabworx.
r. “Cancellation” ” refers to the User’s decision to terminate the subscription, resulting in the archiving of the project and eventual deletion of the data as per the retention policy.
s. “Derivative Works” means a revision, enhancement, modification, translation, abridgment, condensation, or expansion of software or any other form in which such software may be recast, transferred, or adapted, which, if used without the consent of Licensor, would constitute a copyright infringement.
t. “User Manual” means the official explanatory materials in printed, electronic or online form provided by Licensor to Licensee/User on the use of the software. For the avoidance of doubt, any installation guide or end user documentation not prepared or provided by Licensor, any online community site, unofficial documentation, videos, white papers, or feedback does not constitute User Manual.
u. “Fees” means the fees for the Software license (including any renewal or extension thereof), software Update Service, or any other plan/s purchased, or service/s rendered under this Agreement.
v. “Software Update Service” means the service for the correction of errors and/or support of the software and the issuance of any Updates.
w. “Updates” means all subsequent releases and versions of the software that Licensor makes generally available to its Licensee’s as part of purchased software update service and which are separately priced or marketed by Licensor.
x. “Proprietary Rights” means all rights of the Licensor in the software including but not limited to Trademarks, Copyrights, Patents, designs, trade Secrets, inventions, utility models, works of authorship, data, designs, databases, topography and mask works, ideas, know-how, source codes, trade secrets, confidential information, and any other type of intellectual property and proprietary rights; in each case whether registered or unregistered and including all applications, registrations, renewals and the like including business IP and IT.
y. “Confidential Information” means all information and data including but not limited to, not generally known in the public domain with regards to the software platform and technical information, source code and object code, platform design, firmware, I/C coding, hardware, manuals, devices, samples, models, processes, specifications, databases, topography and mask works, ideas, know-how, source codes, trade secrets.
a. The Licensor hereby grants to the Licensee and/or User, non-exclusive, non-transferable, non-assignable, restricted license during the term set forth in this Agreement, to access in accordance with the relevant user manual for Licensee’s own internal business purposes only.
b. A license is permitted to install the Collabworx software under its control. The licensee and/or User is/are responsible for ensuring the device meets the minimum requirements as specified in the Collabworx user manual.
c. The Licensee is entitled to use the said Collabworx platform on any number of computers by creating any number of users. The Licensed Software may only be accessed by Users on hardware belonging to Licensee, and may not be accessed by any other means, including without limitation via a network unless Licensee has been granted a network license pursuant to the terms and conditions of this Agreement.
d. Licensee acknowledges that the Collabworx platform, and the user manual is proprietary to Licensor and may not be distributed to any third parties by the Licensee. Licensee is not granted rights to Updates unless Licensee has purchased support services. The license granted herein is subject to the specific restrictions and limitations set forth herein, the terms of the open-source licenses governing the components included in the Collabworx platform, and/or any additional licensing restrictions and limitations specified in the Documentation, or by notification and/or policy change posted at Licensor’s website.
Subject to the terms set forth and to the terms of the open-source licenses governing the open-source components of the Collabworx platform, the Licensee and/or User shall not:
a. Use, reproduce, or display, other than those specifically described in this Agreement are granted to Licensee. A licensee may not modify or make works derivative of the Collabworx platform or make compilations or collective works that include the said Collabworx platform.
b. Edit, alter, modify, adapt, translate, or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software platform, nor decompile, disassemble or reverse engineer the Collabworx platform or attempt to do any such things.
c. Reproduce, copy, distribute, resell, or otherwise use the Collabworx platform for any commercial purpose.
d. Allow any third party to use the Collabworx platform on behalf of or for the benefit of any third party.
e. Use the Collabworx platform in any way which breaches any applicable local, national, or international law.
f. Reject, avoid, elude, remove, deactivate, or evade, in any way, any protection mechanism of the Collabworx platform, including without limitation any mechanism used to restrict or control Collabworx platform functions.
g. Disclose to any third party any benchmarking or comparative study involving the Collabworx platform.
h. A licensee may not delete, remove, hide, move, or alter any trademark, logo, icon, image, or text that represents the Licensor’s name, any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All representations of the Licensor’s name, logo or other mark of Licensor or any of its Affiliates’ names or marks must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
a. Subscription Fees : Collabworx Platform operates on a monthly subscription model, where a fee is charged for each project managed through Collabworx Platform. The applicable fees are determined based on the specific plan/s chosen by the User at the time of project creation. Fees are subject to change, and Users will be notified in advance of any changes to the subscription rates.
b. Payment Method : Subscription fees are automatically debited from the Licensee’s and/or User’s registered payment method on a recurring monthly basis through Collabworx Platform’s integrated payment gateways. Collabworx Platform will notify Licensee and/or User of upcoming charges Three days prior to the payment due date. However, it is the duty of the Licensee and/or User to pay respective license fees within the time. Collabworx Platform shall not be responsible for closure of services, if the user does not receive notification.
c. Free Registration : Licensee and/or Users are not required to pay any registration fees to create an account on Collabworx Platform. However, access to project management features is contingent upon payment of concerned fees.
d. Consequences for Non-Payment : If Licensee and/or User fails to make timely payment of the subscription fees, the associated project will be locked, and no access to project data or files will be granted until all outstanding payments are settled. No security deposit is required for subscription services, and the project will remain locked until payments are completed.
e. Cancellation and Refund: The Licensee and/or User may cancel the subscription at any time. Upon cancellation, the User’s concerned project/s will be archived and accessible only for viewing purposes. No refund will be provided for partial months or unused services during the subscription period.
f. Renewal : Subscription to Collabworx Platform is automatically renewed on a monthly basis unless canceled by the Licensee and/or User. Collabworx Platform will collect the subscription fees via auto-debit at the start of each billing cycle.
g. Taxes : The Licensee and/or User is responsible for all applicable taxes, including but not limited to GST, or any other government-imposed charges related to the subscription fees.
a. This Agreement and the licenses granted hereunder shall remain in effect until terminated by either party.
b. The Licensee and/or User may terminate this Agreement at any time by canceling their subscription and ceasing to use Collabworx Platform. Upon termination by the Licensee and/or User all active project/s will be archived, and data will be retained in accordance with the platform’s data retention policy until permanently deleted. No refunds will be provided for the unused portion of the subscription period. Auto-renewal will be discontinued, and no further payments will be charged. Licensor may terminate this Agreement, and the licenses granted hereunder, upon written notice for any material breach of this Agreement that Licensee fails to cure within 15 (Fifteen) days following written notice specifying such breach.
c. Licensee may terminate this Agreement, and the licenses granted hereunder upon written notice for any material breach of this Agreement that Licensor fails to cure within 15 (Fifteen) days following written notice specifying such breach. Clauses that intents to survive shall survive termination of this agreement.
d. Licensor may terminate this Agreement and restrict access to Collabworx Platform if the Licensee and/or User fails to comply with any terms herein, engages in misuse, or fails to pay fees. Upon termination, Licensee and/or User access to Collabworx Platform will cease, and associated data will be retained for a period of 07 (Seven) years before deletion.
Collabworx Platform provides services on an “as is” only for the intended purpose basis without warranty of any kind, either express or implied. The licensor does not warrant that the use of Collabworx Platform will meet Licensee and/or User’s all requirements or that the operation thereof will be fail safe, uninterrupted, error free, or that the software will protect against all possible threats. The licensor disclaims all other warranties, express or implied, including but not limited to any warranties of satisfactory quality, fitness for a particular purpose, non-infringement, non-interference, and accuracy of informational content.
a. Ownership : The Intellectual Property rights in respect of the Collabworx platform shall always vest with the Licensor. Collabworx Platform, including any copies made by or for Licensee and/or User, in whole or in part, are the sole property of the Licensor. All intellectual property rights in Collabworx platform belong exclusively to the Licensor. The Licensor shall retain all rights, titles, copyright, trademarks, designs and other intellectual property rights in Collabworx platform and all modifications, enhancements, or other works derivative of Collabworx platform. Licensee and/or User recognize that methodologies, techniques, expressions, ideas and concepts contained in or expressed within Collabworx platform are proprietary information and may be trade secrets of the Licensor. The data generated by the Licensee and/or User due to the usage of the Collabworx platform shall exclusively remain the property of the Licensee and/or User respectively.
b. Open-Source Components : Collabworx platform includes certain third-party software as set forth in the user manual and may be used only in accordance with the licenses set forth therein, which prevail over the terms of this Agreement with respect to such third-party software platform. Source/Object code for these components is available upon written request to Licensor. With respect to the Collabworx platform, third-party components are integrated by Licensor for and on behalf of Licensee and/or User in accordance with this Agreement. Therefore, any third-party software platform delivered to Licensee and/or User pursuant to this Agreement, including any third-party plug-in that may be provided with the Collabworx platform, is included for use at Licensee and/or User’s option, solely in accordance with the corresponding third-party software license(s). Licensor shall have no liability for Licensee and/or User’s use of any third-party software.
b. Open-Source Components : Collabworx platform includes certain third-party software as set forth in the user manual and may be used only in accordance with the licenses set forth therein, which prevail over the terms of this Agreement with respect to such third-party software platform. Source/Object code for these components is available upon written request to Licensor. With respect to the Collabworx platform, third-party components are integrated by Licensor for and on behalf of Licensee and/or User in accordance with this Agreement. Therefore, any third-party software platform delivered to Licensee and/or User pursuant to this Agreement, including any third-party plug-in that may be provided with the Collabworx platform, is included for use at Licensee and/or User’s option, solely in accordance with the corresponding third-party software license(s). Licensor shall have no liability for Licensee and/or User’s use of any third-party software.
c. Use of Collabworx platform : Licensee and/or User is/are granted only a limited, non-transferable, revocable license for using the Collabworx platform, without any rights to the underlying IP. Further the Licensee and/or User expressly undertakes that the Licensee and/or User cannot copy, modify, distribute, or create derivative works from Collabworx platform, nor access or attempt to access the source/object code.
a. Licensee and/or User acknowledges and agree that the Collabworx platform incorporates confidential and proprietary information developed or acquired by Licensor including, but not limited to, technical and non-technical data, formulas, patterns, compilations, devices, methods, techniques, drawings, and processes related to the Collabworx platform, which constitutes the valuable intellectual property of Licensor and its suppliers. Licensee and/or User will comply with all laws and regulations that apply to the use, transmission, storage, disclosure, or destruction of Confidential Information.
b. In the course of performance of obligations under this Agreement, Licensee and/or User may receive, be exposed to, or acquire Confidential Information of the Licensor. The Licensee and/or User shall protect the Confidential Information of the Licensor by using at least the same degree of care it uses to protect its own Confidential Information of similar importance or sensitivity, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or application of such Confidential Information. The Licensee and/or User shall not, except with the written consent of the Licensor, disclose the Confidential Information of the Licensor, or use it, except to its employees, contractors, and agents who have a need to know for purposes of this Agreement. The Licensee and/or User shall cause its employees, contractors, and agents receiving the Licensor’s Confidential Information to provide the same or greater protection for such Confidential Information.
c. If the Licensee and/or User is required to disclose Confidential Information of the Licensor pursuant to a court order or government authority, the Licensee and/or User shall provide a reasonable notice where feasible to the Licensor prior to such disclosure and shall cooperate with the Licensor to obtain protection from such disclosure.
d. The Licensee and/or User shall not remove, obscure, or deface any proprietary or confidentiality legends relating to the Licensor’s rights, on or from any electronic or tangible embodiment of any Confidential Information, without the Licensor’s prior written consent.
e. Licensee and/or User agrees and acknowledges that money damages may not be a sufficient remedy for any breach of the confidentiality provisions of this Agreement and that Licensor may be entitled to equitable relief, including injunction and specific performance, as a remedy for any such breach against the Licensee and/or User. Such remedies may not be deemed exclusive remedies for a breach of these provisions but may be deemed in addition to all other remedies available at law or in equity.
Licensor may analyze non-personal, aggregated data generated by the Licensee and/or User’s activity on Collabworx platform to improve the Collabworx platform’s performance, security, and features. User data will be handled in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Identifiable personal information will not be shared with any third parties without Licensee’s consent. Any use of Licensee and/or User’s data for marketing purposes will only be made with the explicit consent of the Licensee.
The Licensor is committed to protecting the privacy and confidentiality of the User’s data in accordance with applicable data protection laws, including the Information Technology Act, 2000 (as amended), and, where applicable, the General Data Protection Regulation (GDPR). The Licensor agrees to process personal data only for purposes specified in this Agreement and to implement adequate technical and organizational measures to safeguard such data against unauthorized access, alteration, disclosure, or destruction.
The Licensor processes User data in compliance with the Information Technology Act and, where applicable, GDPR, solely for purposes related to the operation and enhancement of Collabworx platform. The Licensor utilizes industry-standard encryption and other security protocols to protect User data. The Licensor further commits to conducting regular security audits and vulnerability assessments to ensure ongoing compliance with these standards.
Licensee and/or User data will be retained on the Platform for the duration of the subscription and will be deleted no later than 07 (Seven) years after the termination of services, unless otherwise required by law. Licensee and/or User may also request deletion of their data in accordance with their rights under the GDPR or IT Act. Upon receipt of such a request, the Licensor will delete all personal data unless it is necessary to retain it for legal or regulatory reasons.
Collabworx platform may periodically send updates to improve functionality or add new features. During scheduled maintenance, Collabworx platform may be temporarily unavailable; advance notice will be provided where possible. Licensee and/or Users are responsible for ensuring the security of their login information and maintaining compatibility with any new updates.
The Licensee and/or User shall not engage in the following activities:
a. Unauthorized attempts to access or modify any part of Collabworx platform.
b. Use of Collabworx platform for unlawful or prohibited activities, including infringement on the rights of others or uploading harmful content.
c. Sublicensing, renting, leasing, or selling access to Collabworx platform, or allowing others to access it in a way that violates this Agreement.
a. Licensor shall indemnify and hold harmless Licensee and its officers, employees, agents, affiliates, and representatives and defend any action brought against same with respect to any third-party claim, demand or cause of action, including reasonable attorney’s fees, to the extent that it is based upon a claim that Collabworx infringes or violates any patents, copyrights, trade secrets, or other proprietary rights of a third-party.
b. Licensee and/or User may, at its own expense, assist in such defense if it so desires, provided that Licensor shall control such defense and all negotiations relating to the settlement of any such claim. Licensee and/or User shall promptly provide Licensor with written notice of any claim which Licensee believes falls within the scope of this indemnification provision of the Agreement. In the event that the use of Collabworx platform or any portion thereof is held to constitute an infringement, Licensor may, at its sole option and expense, (i) modify the infringing Software platform so that it is non-infringing, (ii) procure for Licensee the right to continue to use the infringing Collabworx platform, or (iii) replace said Collabworx platform with suitable, non-infringing Collabworx platform.
c. Notwithstanding the foregoing, Licensor will have no obligation for any claims to the extent such claims result from (i) modifications or alterations of Collabworx platform made by or for Licensee and/or User or any other party that were not provided by Licensor or authorized by Licensor in writing; (ii) use outside the scope of the license granted hereunder, (iii) use of a superseded or previous version of Collabworx platform if infringement would have been avoided by the use of a newer version which Licensor made available to Licensee and/or User, or (iv) use of Collabworx platform in combination with any other software, hardware or products not supplied by Licensor. This indemnity obligation is subject to the limitation of liability and does not apply to any open-source components used in Collabworx platform.
a. For any license purchased for use on a computer or device or portal or the like, the Licensor’s liability is limited to the refund of the License fee of Collabworx platform.
b. In no event to the fullest extent permissible under applicable laws of India, the Licensors shall be liable for loss or damage suffered in connection with the use of Collabworx platform or any related third-party open-source components. This also includes tort, contract, any indirect, special, incidental, punitive, or consequential damages, costs, losses, or expense, (including but not limited to lost profits, loss or interruption of use, loss of data, work stoppage, damage to networks, equipment, or hardware,).
c. Regardless of whether the claim for such damages is based in contract, tort, or any other legal theory, in no event shall Licensor’s aggregate liability to Licensee for direct damages exceed the original licensee fee of the Software Platform, Software Update Service or other amounts paid by Licensee, even if Licensor has been advised of such damages. The foregoing limitations shall apply to the maximum extent permitted by applicable law.
d. Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with Licensor is to cease to use the product; and if applicable, seek damages for your losses.
Licensor will not be held liable for any default or delay in the performance of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by any of the following: fire, flood, earthquake or acts of God or act of terror; riots, civil disorders, rebellions in India; strikes, lockouts, epidemic, pandemic etc. Licensor’s performance is prevented, restricted, or interfered with by reason of a Force Majeure condition shall be excused from such performance to the extent of such Force Majeure condition so long as such Licensor provides the Licensee with prompt written notice describing the Force Majeure condition and takes all reasonable steps to avoid or remove such causes of non-performance and immediately continues performance whenever and to the extent such causes are removed. If, due to a Force Majeure condition, the scheduled time of delivery or performance is or will be delayed for more than one (1) month, the parties shall mutually decide on a course of action to be undertaken.
a. This Agreement shall be governed by and construed under the laws of India. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be first referred to and resolved by mediation between the Parties. If the Parties fail to settle the dispute by mediation within thirty (30) days from the date of beginning of mediation, the dispute then be resolved by referring the dispute to arbitration in Pune, India in accordance with the Indian Arbitration Act 1996. The arbitration tribunal shall consist of 1 (one) arbitrator jointly appointed by the Parties. If the Parties fail to agree on appointment of such arbitrator, the sole arbitrator shall be appointed in accordance with the Indian Arbitration Act 1996.
b. Subject to the above clause, the courts of Pune, India shall have exclusive jurisdiction on the matters arising from or in connection with this Agreement.
c. The language of the arbitration shall be English
d. The arbitrator shall be entitled to award costs of the arbitration.
e. Subject to the aforesaid, each Party to any arbitration shall bear its own expense in relation thereto, including but not limited to such Party’s attorneys’ fees and the expenses and fees of the arbitrator shall be borne equally by the Parties to the dispute. The arbitrator shall reach and render a reasoned decision in writing.
a. Information Collected : The Licensee is required to provide information to create login to access Collabworx platform. Collabworx platform may collect information when the Licensee registers. While registering, the Collabworx platform asks for information of the Licensee and/or User or its employees like name, e-mail address and designation. The Licensor may collect any information which is required to store and verify. There is certain information which is also collected automatically such as Internet Protocol (IP) address, browser type, access time etc. IP Address is received automatically from the Licensee and/or User internet browser and recorded into the Licensee and/or User’s server logs.
Information Use : Collabworx platform uses information like Internet Protocol (IP) address, browser type, access time and Licensee and/or User or its employee’s information to maintain the quality of its service.
c. Information Sharing and Disclosing Personal Information to Third Parties : Any information may be disclosed to Licensor’s other companies, agents, service providers or other companies working for the Licensor like processing payments, provision of data storage, hosting the Software platform, marketing the Licensor’s services, organizing audits and performing web analysis. Additionally, the Licensor reserves the right to disclose a Licensee and/or User or its employees’ information, without notice, if required to do so by any law for the time being in force or if it is necessary to comply with legal process prevailing in the country or if it is necessary to protect the rights and property of Licensor or to protect the rights and property of other Licensee and/or User of Collabworx platform.
d. Information Security : The Licensor secures the information provided by the Licensee and/or User or its employees on computer servers in a controlled and protected environment to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction of the information. It is necessary that Licensee and/or User or its employees keep their information including, but not limited to, login id and password confidential and must not share it with anyone to prevent unauthorized use or access of their information. The Licensor will not be held responsible for any misuse of Collabworx platform by the Licensee or its employees. Misuse of Collabworx platform data by the Licensee or its employees includes but not limited to sharing the data, selling data, providing incorrect information, removing/erasing records, intentional tampering with data. The Licensor shall not sell, trade or lease collected information without the Licensee and/or User or its employee’s consent.
e. Use of Cookies : A cookie is a small text file which is automatically created on the hard disk of your computer by a web page server. Cookies are not used to run programs or transmit viruses to your computer. Cookies are uniquely assigned to the Licensee and/or User or its employee’s and can only be read by a web server in the domain that issued the cookie to the Licensee or its employee’s. The Collabworx platform does not/does use cookies.
Collabworx Platform is not restricted to users within India and may be accessed globally.
Collabworx Platform provides technical support through various channels, including ticketing, email, and phone, to assist Licensee and/or Users with issues related to accessing and using Collabworx Platform. Support hours and response times may vary based on the nature of the issue. The scope of support is limited to troubleshooting access and functional issues; training and advanced guidance may be outside the standard support scope.
The Licensor is solely responsible for backing up any important data related to Collabworx Platform. The Licensor’s data retention policy allows for the deletion of inactive projects after 07 (Seven) years of non-payment. The Licensor disclaims liability for any data loss due to Licensee and/or User error or project deletion following the retention period.
The Licensor reserves the right to conduct audits, with or without notice, to verify that the Licensee is in compliance with the terms of this Agreement, including the number of Users and devices accessing the Platform. Any non-compliance found during such an audit may result in additional fees or termination of the license.
Collabworx Platform reserves the right to modify this Agreement. Any such changes will be effective upon notification to Licensee via email, in-Platform notifications, or other suitable means. Continued use of Collabworx Platform following notice of changes constitutes acceptance of the revised terms.
In the event of any actual or threatened breach by Licensee and/or User, the Licensor may be entitled, in addition to such other legal or equitable remedies which might be available, to seek an immediate injunction in a competent court of jurisdiction enjoining any breach or threatened breach of this Agreement. It is clarified that nothing in this Agreement is intended to prevent Licensor from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any arbitration. Each Party shall bear its own attorneys’ fees and costs in proceedings brought pursuant to this paragraph unless such court determined otherwise.
If any provision of this Agreement should be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and such provision will be deemed restated to reflect the original intention of the Parties as nearly as possible in accordance with applicable law.
Neither Party may assign or transfer this Agreement and License without the prior written consent of the other Party. Any purported assignment or transfer of this Agreement by one Party without the other Party’s consent will be null and void. This Agreement will be binding on the Parties and their respective successors and permitted assigns.
Any notice or other communication given pursuant to this Agreement must be in writing and (a) delivered personally or by courier, or (b) sent by facsimile or electronic mail transmission, or (c) sent by registered mail with acknowledgment due, postage prepaid. In respect of the Licensor, at the email address sakulkarni@vkarch.com and in respect of Licensee and/or User, at the mail address provided by the Licensee at the time of purchase of the said license.
This Agreement including the Annexure and the SOWs constitutes the entire and final and exclusive statement of the agreement between the Parties with respect to the subject matter hereof.
This Agreement shall not be amended, altered, or modified except by an instrument in writing expressly referring to this Agreement and signed by the Parties.
In case of any feedback/complaints/queries relating to this EULA, the Licensee and/or User may please contact the Licensor by email id: sakulkarni@vkarch.com.
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