Terms And Condition

Last Updated: January 1, 2023

Datakraft LLC (“ABLYWorks”, “Datakraft LLC”, “we”, “us” and terms of similar meaning) provides this web site www.ABLYWorks.com and the services and products provided by or through this web site to you subject to these terms and conditions of use. These terms and conditions of use together with the ABLYWorks Privacy Policy (collectively, the “Terms”) govern your use of this web site and the services provided.

In these Terms, we call this web site, any successor web sites (together, the “Site”) and the software we provide the “Application”. The Application includes your use of the ABLYWorks API, and the use of the ABLYWorks API by third parties authorized through your ABLYWorks account to use your User Content (as defined below) through the ABLYWorks API.

ABLYWorks may also provide other web sites and software, including without limitation free automation tools, such as ERP, HRMS, Email Marketing Tools, CRM and many such software products on SAAS model, and the services provided by or through such web sites and software. These Terms also govern your use of such web sites, software and services which, for purposes of these Terms (and the ABLYWorks’ Privacy Policy referred to in Section 1 below) are included in the definitions of “Site”, “Application” and “Services”.

Please read these Terms carefully before using the Services. By accessing or using the Services you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms and all policies and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.

ABLYWorks reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your registration information, if any, or we will post a notice in the Application.

Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on this Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.

If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have any questions about the Terms, please email us at support@ABLYWorks.com.

In these Terms, our customers and the persons to whom they give “staff” or “advisor” access to their ABLYWorks account are called “Subscribers”, and our customers’ customers who use the Services (for example, to view or pay Subscribers’ invoices) are called “Customers”. In these Terms, users of the Services, whether they are Subscribers, Customers, members of the ABLYWorks forum, people who post comments on the ABLYWorks blog, or casual browsers of the Site, are called “Users”.

The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.

The Services are not intended to be used by children. You must be at least eighteen (18) years old to use the Services. If we determine that a User is under the age of eighteen (18), we will terminate that User’s use of the Services.

Please refer to ABLYWorks’ privacy policy, available at (the “Privacy Policy”) for information on how ABLYWorks collects, uses and discloses personally identifiable information from its Users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

These Service Terms incorporate the Data Processing Agreement (“DPA”), when the GDPR applies to your use of the ABLYWorks Services to process Customer Data (as defined in the DPA).The DPA is effective as of Apr 29, 2021 and replaces and supersedes any previously agreed data processing addendum between you and ABLYWorks relating to Regulation (EU) 2016/679 and/or the Directive 95/46/EC.

ABLYWorks’ Application may contain technologies that monitor, record and report to ABLYWorks regarding the use of the Application including but not limited to information concerning the devices used to access the Application; and the frequency, type and manner of use of ABLYWorks (collectively, “Usage Data”). You agree that ABLYWorks may, in its sole discretion, collect and use Usage Data to support, maintain, and improve ABLYWorks, and to enforce ABLYWorks rights under the Terms. To the extent any Usage Data is personal information within the meaning of applicable law, you hereby: (a) consent to ABLYWorks’ collection, use and disclosure of such Usage Data for these purposes; and (b) represent and warrant that you have obtained the consent of any individual to whom such Usage Data relates to ABLYWorks’ collection, use and disclosure of such Usage Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.

Registration Data; Account Security

If you register for an account on the Services, you agree to (a) provide true, accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); and (b) promptly update the Registration Data and any other information you provide to ABLYWorks, to ensure it remains true, accurate and complete.

You agree to keep your access credentials (such as passwords, API keys or other information required to access the Service) secure and confidential. You must immediately notify ABLYWorks of any unauthorized use (or suspected unauthorized use) of your access credentials. You are responsible for all activity on your ABLYWorks account, and for all charges incurred by your ABLYWorks account. The access credentials are the property of ABLYWorks and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, if you violate these Terms or if ABLYWorks terminates the API Terms.

Further, as a condition of using the Services, you must:

not attempt to undermine the security or integrity of ABLYWorks’ computing systems or networks or, where the Application or Services are hosted by a third party, that third party’s computing systems and networks;

not use, or misuse, the Application or Services in any way which may impair the functionality of the Application, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Application;

not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Application or Services are hosted;

not use the Services or Applications to transmit any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation.

Fees; Charges; Taxes

Subscription fees and any other charges for the use of the Application are described on the Site. They may change from time to time. If subscription fees change, we will give you at least 30 days’ notice. If they do change, your continued use of the Application after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. Fees for payment transactions are subject to change without notice, unless otherwise prohibited, at the discretion of our payment platform partners.

All “snail mail” postage stamps purchased are non-transferable and non-refundable. You will not receive repayment for stamps you do not use.

Although great care is taken in the production of the Site and description of the Services, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. All prices are quoted and are payable in Indian Rupee or US Dollars and, unless otherwise stated, are quoted before shipping charges, GST, PST, QST, HST or other applicable taxes which will be added on top of the quoted price, but itemized separately. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

Ownership, Copyright and Trademarks

In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Subscribers, Customers or other Users, is called “User Content”. For example, data about its Customers and about its timesheet entries that a Subscriber provides to the Services is User Content of that Subscriber, data about its payments that a Customer provides to the Services is User Content of that Customer, and Content that a User enters into the ABLYWorks forum or enters as a comment on the ABLYWorks blog is User Content of the User.

User Content is that User’s property. ABLYWorks’ only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 17 of these Terms.

Other than the User Content, the Services, all Content and all software available on or in respect of the Services or used to create and operate the Services (including, without limitation, the Application and the ABLYWorks API) is the property of ABLYWorks or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ABLYWorks.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, including through the ABLYWorks API, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.

Your Limited License of Your User Content to ABLYWorks

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave comments on the ABLYWorks blog or posts on the ABLYWorks forum, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content. If you are a Subscriber and enter timesheet data in relation to a Customer and configure your account to display timesheet data to your Customers, we need your license to that User Content to use it in the operation of the Services, and we need the right to sublicense that User Content to your Customers for that purpose.

Therefore, by posting or distributing User Content to or through the Services, you (a) grant ABLYWorks and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other Users (for example, if you issue invoices to Customers or authorize third parties to access your User Content through the ABLYWorks API), you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in these Terms.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.

Our Limited License of Content to You

ABLYWorks grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by ABLYWorks at any time.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law in India, the United States, and any country in which you are using the Services. These laws include economic sanctions. “Economic sanctions” means United Nations Security Council Resolutions requiring states to restrict or prohibit business activities with certain foreign states, individuals and entities of those states, and non-state actors, and the laws, regulations and policies that restrict or prohibit business activities with certain foreign states, individuals and entities of those states, and non-state actors.

To request permission for uses of Content not included in this license, you may contact ABLYWorks at the address set out at the bottom of these Terms.

Using the ABLYWorks API

This Section contains terms and conditions applicable to your use of the ABLYWorks API, whether you are a Subscriber or other User, including a developer or operator of a website or application (such a website or application, a “ABLYWorks API Implementation”, and the developer or operator, an “API Developer”) who wishes to use the ABLYWorks API for the purpose of including Content in your ABLYWorks API Implementation. If you are a Subscriber and you procure a third-party to develop a ABLYWorks API Implementation for you, this Section applies to your and their use of the ABLYWorks API, and you are responsible for their compliance with this Section to the same extent as though you were developing the ABLYWorks API Implementation yourself.

If you are an API Developer and not otherwise a User, your use of the ABLYWorks API constitutes your agreement to these Terms. We may change these Terms without notice to you by posting new Terms on the Site. It is your responsibility to review the Site for changes to the Terms. If you use the Services after new Terms are posted, your use of the Services constitutes your agreement to the new Terms. If you do not wish to be bound by the new Terms, cease your use of the Services.

If you are an API Developer and not otherwise a Subscriber or other User of the Services, the license set forth in this Section applies to your use of the ABLYWorks API, and the license set forth in Section 6 does not apply to your use of the ABLYWorks API. If you are also a Subscriber or other User, the license set forth in Section 6 applies to your use of Content other than the ABLYWorks API, and this Section applies to your use of the ABLYWorks API.

ABLYWorks grants you a limited, revocable, non-exclusive, non-sublicensable license to use the ABLYWorks API as provided by ABLYWorks, in the manner permitted by the Terms. Such license does not license any other Content to you, including Subscriber Content. If you wish to use your ABLYWorks API Implementation to display or deliver any Content provided to us by a Subscriber, you must obtain the prior agreement of that Subscriber to that use, by obtaining a license from the Subscriber, in terms of use governing the use by that Subscriber of your ABLYWorks API Implementation, for your use of that Content. This limited license is subject to the usage restrictions set forth in Section 6, and any further restrictions set out in your terms of use and privacy policy agreed to by the Subscriber. If you do not present terms of use and a privacy policy to our Subscribers upon their use of your ABLYWorks API Implementation, you may not use the ABLYWorks API.

Your use of the ABLYWorks API is also subject to the following restrictions. You may not:

interfere or attempt to interfere in any manner with the proper workings of the ABLYWorks API, or create or distribute any ABLYWorks API Implementation that adversely affects the functionality or performance of the Services or adversely impacts the behavior of other applications using the ABLYWorks API;

misrepresent your identity or intentions when communicating with us in relation to the ABLYWorks API, use the developer credentials licensed to a different individual or entity, allow your credentials to be used by others, or mask your usage of the ABLYWorks API;

use the ABLYWorks API in association with, or as a component of, any website that in the sole discretion of ABLYWorks is determined to be obscene or otherwise inappropriate;

use the ABLYWorks API for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;

use the ABLYWorks API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality;

replicate, in whole or in part, the “look and feel” of ABLYWorks with your ABLYWorks API Implementation;

include in your ABLYWorks API Implementation a combination of visual, design, or functional elements that could reasonably be expected to cause confusion between ABLYWorks and your ABLYWorks API Implementation among users;

disparage or otherwise negatively represent ABLYWorks in your ABLYWorks API Implementation;

use the ABLYWorks API for any application that attempts to replace or replicate the essential user experience or functionality of the Service;

reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof;

circumvent or render ineffective any IP address-based functionality or restriction imposed by the Services;

circumvent technological measures to prevent direct database access, nor manufacture tools or products to that effect;

build conversion functionality that converts Content from the Service to a competing product or service;

at any time you are operating your ABLYWorks API Implementation, solicit, interfere with or endeavor to entice away from us any of our Subscribers.

You agree to carefully monitor your use of the ABLYWorks API and ensure that it remains within reasonable operational limits for both your own server capacity and for ours. You acknowledge and agree that we may impose or adjust the limit on the number of transactions you may send or receive through the Service; such fixed upper limits may be set by us at any time, at our discretion. If we impose such limits, we may describe them on our Site. ABLYWorks may charge additional fees for the excess. Unused API calls will not roll over to the next period.

You will not attempt to exceed or circumvent limitations on access, calls and use of the ABLYWorks API, or otherwise use the ABLYWorks API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Terms. ABLYWorks may monitor your use of the ABLYWorks API and, if your application(s) does or will connect the ABLYWorks API to five hundred or more systems, ABLYWorks reserves the right to limit or suspend access to the ABLYWorks API by you or your API client(s) and to contact you to discuss the volume and terms of your API calls.

We reserve the right to rate limit other functionality to prevent abuse, spam, denial-of-service attacks, or other security issues.

ABLYWorks has no responsibility to any person for any use or misuse of any Content obtained through the ABLYWorks API. If you are a Subscriber, you should consider carefully whether you wish to give an API Developer access to your Content through the ABLYWorks API. If you wish to revoke access to your Content through the ABLYWorks API, you should change your ABLYWorks access credentials or revoke authorization of the ABLYWorks API Implementation to your Content. Please contact us at support@ABLYWorks.com if you want assistance doing this.

ABLYWorks may monitor your use of the ABLYWorks API for any reason, including but not limited to: quality assurance, the improvement of ABLYWorks products and services, and for verification of your compliance with these Terms. You shall not interfere with such monitoring or otherwise obscure from ABLYWorks any aspect of your use of the ABLYWorks API. ABLYWorks may use any technical means to overcome such interference. ABLYWorks may suspend access to the API by you or your API client without notice if ABLYWorks reasonably believe that you are in violation of the Terms. You acknowledge that any use by us of your ABLYWorks API Implementation for such purpose will not constitute our agreement to any terms of use you purport to require us to comply with in such use.

ABLYWorks does not warranty anything relating to third party applications which you choose to integrate with your use of the ABLYWorks Application and Services. ABLYWorks does not guarantee that integration between your use of the ABLYWorks Application and a third party application will be error free or functionally possible. In some circumstances, we indicate on the Site that a third party application is ‘ABLYWorks Tested’ which means that we have tested the functional integration of the ABLYWorks platform with the third party application. In some circumstances, we indicate that a third party application is a ‘Top Pick’ which may mean that the application is one of the more popular applications with ABLYWorks Users. You are responsible for satisfying yourself with the function and security of a third party application you seek to integrate with your use of the ABLYWorks Application. Further, you are responsible for making yourself aware of the terms of service and privacy policy of the third parties whose platforms you seek to integrate with your use of the ABLYWorks Application and Services. Your use of such third party applications shall be exclusively governed by and subject to the terms of service and privacy policy of the applicable third party providers of such applications.

Use of Interactive Areas and the Services

The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If ABLYWorks provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

unsolicited promotions, political campaigning, advertising or solicitations;

private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;

viruses, corrupted data or other harmful, disruptive or destructive files;