Terms & Conditions | eResource Scheduler

Website Terms & Conditions

Last Updated: 1st August 2018.

The use of this website is subject to the following terms of use:

Information contained in this website is for general information purposes only, it is subject to change without notice. This information is provided by ‘Enbraun’ and / or ‘Enbraun Technologies’ and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Every effort is made to keep the website up and running smoothly. However, Enbraun takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to reasons beyond our control.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Governing Law & Jurisdiction

Usage of this website and all products and services provided by Enbraun & Enbraun Technologies are governed by the laws applicable in India. Only Courts at Jaipur, Rajasthan, India will have exclusive jurisdiction to decide dispute(s) if any, which may arise in future between the parties to these presents, irrespective of the place where the cause of action arises.

eResource Scheduler Cloud – Terms of Service

Effective: 1st August 2018.

THESE TERMS OF SERVICE (“Terms”) CONSTITUTE A BINDING CONTRACT BETWEEN YOU, AUTHORISED USER(S) (collectively, “You” or “Your” or “Subscriber”, “Account Holder”, “Client”, “User”) AND ENBRAUN TECHNOLOGIES (collectively, “ENBRAUN TECHNOLOGIES” or “We” or “Us” or “Our”) AND GOVERN USE OF AND ACCESS TO THE SERVICE BY YOU, AUTHORISED USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE, A FREE TRIAL OF THE SERVICE OR A BETA SERVICE.

By accepting these Terms, or by accessing or using the Service, or authorizing or permitting any Authorised User to access or use the Service, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to ENBRAUN TECHNOLOGIES that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms (“Subscriber”) (“Account Holder”) (“You”) (“Your”) or related capitalized terms herein shall refer to such Entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service.

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of publishing, posting or monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

AGREEMENT
1. This Agreement (“Agreement”) describes the Terms governing Your use of ENBRAUN TECHNOLOGIES’S cloud based resource scheduling and planning software referred to as “eResource Scheduler Cloud” or “eRS Cloud” provided to You, Authorised User, including content, updates and new releases, (the “Service(s)” ) .
  It includes by reference-
GENERAL CONDITIONS: ACCESS TO AND USE OF THE SERVICE
1. We provide fully functional “as is” Trial Service. Thus, no presumption or assumption regarding the Service itself or its Terms will be entertained by Us once a Service Plan for a Subscription Term has been Subscribed by You.
2. Trial Services are provided strictly “as is”. You may use a Trial Service in a manner consistent with the Terms and Conditions of this Agreement, but ENBRUAN TECHNOLOGIES may, at its discretion, disable certain features of a Trial Service and enforce time limits on Your right to use the same. Since a Trial Service is provided free of charge, ENBRAUN TECHNOLOGIES disclaims all warranties, representations, and liabilities as set forth in this Agreement and ENBRAUN TECHNOLOGIES shall not be liable for damages of any kind related to Your use of a Trial Service.
3. During the Subscription Term and subject to compliance by You, Authorised User with these Terms, You have the limited right to access and use the Service consistent with the Service Plan You subscribe to, specific to Your particular business purpose. Without limiting the foregoing, Your right to access and use the API (“Application Programming Interface”) is also subject to the restrictions and policies implemented by ENBRAUN TECHNOLOGIES from time to time with respect to the API as set forth in API Documentation or otherwise communicated to You in writing.
4. A high-speed internet connection is required for proper transmission of the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service, including, but not limited to, “browser” software that supports protocols used by eRS Cloud, and to follow procedures for accessing services that support such protocols. We are not responsible for notifying You, Authorised User of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by ENBRAUN TECHNOLOGIES. We assume no responsibility for the reliability or performance of any connections as described in this section.
5. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party; (b) use the Services to process data on behalf of any third party other than resources authorised under Your Subscription Plan; (c) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (d) falsely imply any sponsorship or association with ENBRAUN TECHNOLOGIES; (e) use the Services for the purpose of harming or attempting to harm minors in any way; (f) use the Services in any unlawful manner, including but not limited to violation of any person’s privacy rights; (g) use the Services to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (h) use the Services to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (i) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; (j) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software or component making up the Services; use the Service in any way that breaches any applicable local, national or international law or regulation; (k) use the Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful, obscene, offensive, inflammatory, racist, hateful, abusive, libellous, threatening or abusive, deceptive, invades another’s privacy, causes annoyance, inconvenience, harasses, upsets, embarrasses, alarms or annoys any person, promotes sexually explicit material, promotes violence, promotes illegal activity, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (l) use the Services to knowingly post transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (m) use Our Service in a manner not intended for; (n) enter unreasonably excessive amount of data; or (o) try to use or misuse the Services in violation of these Terms; (p) use the Services in any fraudulent way or for any that has any unlawful or fraudulent purpose or effect;
6. You are responsible for compliance with the provisions of these Terms by Authorised User and for all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Services to store and transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of resources that can be scheduled as per Your Service Plan for which You subscribed, use of the Services is restricted to the specified number of resources permitted under Your subscription to the Services. You agree and acknowledge that each Authorised User will be identified by a unique username and password (“Login Credentials”) and that a Login Credential may only be used by one (1) individual Authorised User. You will not share User Login Credentials among multiple individual Authorised Users. You and Your Authorised Users are responsible for maintaining the confidentiality of all Login information for Your Account.
7. ENBRAUN TECHNOLOGIES reserves the right, in its reasonable discretion, to temporarily suspend Your access to and use of the Services in the following conditions: (a) during planned downtime for upgrades and maintenance to the Services, of which ENBRAUN TECHNOLOGIES will use logistically and commercially reasonable efforts to notify You in advance through a notice (including electronic communication) to Your Account owner; (b) during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties.
8. ENBRAUN TECHNOLOGIES reserves the right to modify Subscription Model (the “Subscription Model”) as and when it deems fit due to economic, competitive, technical or any other reason.
9. From time to time, ENBRAUN TECHNOLOGIES may invite You to try Beta Services at no charge. You may accept or decline any such trial in Your sole discretion. Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import. Beta Services are for evaluation purposes and not for production use, are not considered “Services” under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with Beta Services.
DATA PRIVACY, SECURITY AND CONFIDENTIALITY
1. Subject to the express permissions of these Terms, You and ENBRAUN TECHNOLOGIES will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care.
  Except as otherwise expressly permitted pursuant to these Terms, You and ENBRAUN TECHNOLOGIES may use each other’s Confidential Information solely to exercise respective rights and perform respective obligations under these Terms and shall disclose such Confidential Information solely to those respective employees, representatives and agents, who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
2. You agree that ENBRAUN TECHNOLOGIES and the service providers We use to assist in providing the Services to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Services, including, without limitation, in response to Your support requests. Any third-party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Services and will be subject to confidentiality obligations.ENBRAUN TECHNOLOGIES may also access or disclose information about You, Your Account, Authorised User, including Your Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect ENBRAUN TECHNOLOGIES’S or its customer’s or partner’s rights or property, including enforcement of these Terms or other policies associated with the Services; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
3. Whenever You, Authorised Users interact with Our Services, We automatically receive and record information on Our server logs from the browser, which may include IP address, “cookie” information, and the type of browser and/or device being used to access the Services. “Cookies” are identifiers We transfer to Your browser / device that allow Us to recognize Your, Authorised User’s browser, along with how Our Services are being utilized. When We collect this information, We only use this data in aggregate form, and not in a manner that would identify You, Authorised Users personally. For example, this aggregate data can tell Us how often users use a feature of the Services, and We can use that knowledge to improve the Services.
4. We may collect certain information about You, Authorised User as well as Your respective computers and use of the Services. We use, disclose, and protect this information as described in Our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
1. ENBRAUN TECHNOLOGIES and You shall maintain all rights, title and interest in and to all Our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You, Authorised User to use the Services under these Terms do not convey any additional rights in the Services, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Services as expressly provided herein, all rights, title and interest in and to the Services and all hardware, software and other components of or used to provide the Services, including all related intellectual property rights, will remain with and belong exclusively to ENBRAUN TECHNOLOGIES.
2. ENBRAUN TECHNOLOGIES shall have a royalty-free, worldwide, transferable, sub-licensable, assignable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and / or incorporate into the Services.
3. ENBRAUN TECHNOLOGIES’S product and service names, and logos used or displayed on the Services are registered or unregistered trademarks of ENBRAUN TECHNOLOGIES (collectively, “Marks”), and You may only use such Marks to identify You as a Subscriber; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent ENBRAUN TECHNOLOGIES, and its Services.
THIRD PARTY SERVICES
1. If You decide to enable, access or use Other Services along with ENBRAUN TECHNOLOGIES’S Services, be advised that Your access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including Your Data) or any interaction between You and the provider of such Other Services. You irrevocably waive any claim against ENBRAUN TECHNOLOGIES with respect to such Other Services.
2. ENBRAUN TECHNOLOGIES is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Other Services, or Your reliance on the privacy practices, data security processes or other policies of such Other Services. You may be required to register for or log into such Other Services on their respective websites. By enabling any Other Services, You are expressly permitting ENBRAUN TECHNOLOGIES to disclose Your Login as well as Your Data as necessary to facilitate the use or enablement of such Other Service.
BILLING, PLAN MODIFICATIONS AND PAYMENTS
1. We provide fully functional “as is” Trial Service. Thus, no presumption or assumption regarding the Service itself or its Terms will be entertained by ENBRAUN TECHNOLOGIES once a Service Plan for a Subscription Term has been Subscribed by You.
2. We / Our partners / Our resellers have authorised Stripe to facilitate and collect payments on Our behalf through the Stripe payment portal for all or any Subscription of Services made by You, Authorised Users.
3. Unless otherwise indicated on a Form referencing these Terms and subject to Section 6.4, all fees associated with Your access to and use of the Services (“Subscription Fees”) are due in full upon commencement of Your Subscription Term. If You fail to pay Your Subscription Fees or Fees for other services indicated on any Form within seven (7) business days of Our notice to You that payment is due, in addition to Our other remedies, We may cancel the Subscription of Services subscribed by You, Authorised User.
4. If You choose to upgrade Your Service Plan or increase the number of authorized resources that can be scheduled during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Fees associated with such Subscription Upgrade will be charged to Your Account, due and payable immediately upon implementation of such Subscription Upgrade.
5. No refunds for Subscription Fees or other fees or payments will be provided to You if You elect to downgrade Your Service Plan. Credit will be given to You on pro-rata basis which will be adjusted against future Subscription Fees.
6. Downgrading Your Service Plan may cause loss of content, features, or capacity of the Services available to You under Your Account, and ENBRAUN TECHNOLOGIES does not accept any liability for such loss.
7. ENBRAUN TECHNOLOGIES reserves the right to offer special pricing to You and / or to other clients on its own discretion.
8. ENBRAUN TECHNOLOGIES reserves the right to increase the Subscription Fees annually, on its own discretion.
9. From time to time, We may invite You to try Beta Services at no charge. You may accept or decline any such trial in Your sole discretion. Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import. Beta Services are for evaluation purposes and not for production use, are not considered “Services” under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
10. Unless otherwise stated, Our fees does not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against ENBRAUN TECHNOLOGIES based on its income. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
CANCELLATION AND TERMINATION
1. You may elect to cancel Your Subscription at any time, but such request to cancel will only come into effect after the completion of Your current Subscription Term.
2. No refunds or credits will be provided to You if You elect to cancel Your Subscription at any time before the completion of Your current Subscription Term.
3. Except as provided under Section 2.5 and 7.7, ENBRAUN TECHNOLOGIES may at its own discretion elect to cancel Your Subscription at any time on its own discretion and shall provide You with refund on a pro-rata basis for the remainder of Your Subscription Term.
4. Unless Your Subscription to the Services is so cancelled, Your Subscription to the Services will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form and Section 6.8, the Subscription Fees applicable to the existing clients for the Subscription to the Services at the time of renewal of the Subscription shall be the current Subscription Fees + 5% increase to the current Subscription Fees or Our Standard Subscription Fees at the time of renewal, whichever is less, payable immediately as on the time such subsequent Subscription Term commences.
5. Following the cancellation of Your Subscription to the Services, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered at any time later than 3 (three) months from the date Your Subscription to the Services is cancelled.
6. If You cancel Your Subscription to the Services prior to the end of Your then effective Subscription Term or We effect such cancellation pursuant to Section 2.5 or , in addition to other amounts You may owe ENBRAUN TECHNOLOGIES, You must immediately pay any then unpaid Subscription Fees associated with the remainder of such Subscription Term.
7. ENBRAUN TECHNOLOGIES reserves the right to modify, suspend, cancel Your Subscription to the Services, and remove, disable and discard any of Your Data if We believe that You, Authorised User have violated these Terms. Unless legally prohibited from doing so, ENBRAUN TECHNOLOGIES will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. ENBRAUN TECHNOLOGIES shall not be liable to You, Authorised User or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Services. Any suspected fraudulent, abusive, or illegal activity by You, Authorised User may be referred to law enforcement authorities at Our sole discretion.
8. From time to time, We may invite You to try Beta Services at no charge. You may accept or decline any such trial in Your sole discretion. Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import. Beta Services are for evaluation purposes and not for production use, are not considered “Services” under this Agreement, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
DATA PROTECTION
1. To the extent that any Content constitutes personal data within the meaning of applicable EU Data Protection Law, You and ENBRAUN TECHNOLOGIES shall comply with such applicable law in Our respective processing of that personal data. Where We act as a processor on Your behalf, the Data Processing Appendix below (which forms part of these terms) will apply, and You agree to indemnify Us in respect of any claim by a third party that any processing of such personal data by means of the Service does not comply with the applicable EU Data Protection Law.
2. We produce or may product in future anonymised and aggregated statistical data regarding the use of the Services to use for Our own businesses purposes (including to improve and promote the Services). This data will not constitute personal data.
DISCLAIMER OF WARRANTIES
1. These terms set out the full extent of Our obligations and liabilities in respect of the supply of the Service. There are no conditions, warranties, representations or other terms, express or implied, that are binding on Us except as specifically stated in these terms. Any condition, warranty, representation or other term concerning the supply of the Service which might otherwise be implied into, or incorporated in, these terms, or any collateral contract, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
2. You acknowledge that the Service has not been developed to meet Your individual requirements and that it is therefore Your responsibility to ensure that the facilities and functions of the Service meet Your requirements.
3. You acknowledge that the Service may not be free of bugs or errors and may not be available at all times or without interruption, and You agree that the existence of any such bugs or errors or the occurrence of any such interruptions in availability will not constitute a breach of these terms.
LIMITED LIABILITY AND INDEMNIFICATION
SUPPORT SERVICE DEFINITION AND ENTITLEMENT
1. “Support” includes but is not limited to assistance, answers, suggestions, solutions, resources (including but not limited to documents / images / videos), provided by ENBRAUN TECHNOLOGIES’S representatives via any means of communication including but not limited to email / phone / web meeting software / skype / other internet calling application.
2. ENBRAUN TECHNOLOGIES at its own discretion may provide a Help or Support section on website eresourcescheduler.com which will provide all requisite resources to assist the Client to effectively use Our Services.
3. Account Managers will provide Support and will coordinate on behalf of ENBRAUN TECHNOLOGIES to ensure that Clients receive all possible assistance to ensure effective use to Our Services.
ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS
1. You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or Your rights under these Terms or delegate performance of Your duties under these Terms without ENBRAUN TECHNOLOGIES’S prior consent, which consent will not be unreasonably withheld. We may, without Your consent, assign Our Agreement with You to any affiliate or in connection with any merger or change of control of ENBRAUN TECHNOLOGIES or the sale of all or substantially all Our assets provided that any such successor agrees to fulfil its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by You and ENBRAUN TECHNOLOGIES and respective successors and assigns.
2. These Terms, together with any Form(s), appendix(es), constitute the entire Agreement, and supersede all prior agreements between You and ENBRAUN TECHNOLOGIES regarding the subject matter hereof.
3. We may unilaterally amend these Terms from time to time, in which case the new Terms will supersede prior versions. Any changes will be effective within 7 days from the time We first notify You about such changes. In case of Your non-acceptance to any or all such changes, You are required to communicate the same to Us within the 7 days’ notice period, upon which We shall cancel Your Subscription to the Services and provide You with refund on a pro-rata basis for the remainder of Your Subscription Term. Your continued use of the Services following the effective date of any such amendment will be relied upon by ENBRAUN TECHNOLOGIES as Your consent to any such amendment. ENBRAUN TECHNOLOGIES’S failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
SEVERABILITY
SURVIVAL
RELATIONSHIP BETWEEN PARTIES
GOVERNING LAW AND JURISDICTION

Data Processing Appendix

Introduction
Details of Processing and General Obligations
1. You must make sure that You have all requisite consents and notices established, to allow the lawful transfer of personal data to Us for the duration and purposes of providing Services.
2. You must ensure that all processing of personal data, including the transfer of personal data, has been and will continue to be carried out in compliance with the relevant provisions of the applicable Data Protection Law (and, the same has been notified to the relevant authorities of the Member State, wherever applicable), without violating the relevant provisions of that Member State.
3. You understand and acknowledge that for the purposes and interpretation of the General Data Protection Regulation, You are the data controller and We are the data processor with regard to any personal data processed by Us, on behalf of You, in connection with the performance and provision of Services by Us. In case, with respect to any personal data, You are a data processor on behalf of a third-party, then You ensure that all Your actions and instructions with regard to such personal data (including Our appointment as data processor) have been authorised by such third-party.
4. The following points identify the details of processing which We undertake as processors. You acknowledge and agree that all such details are correct and comprehensive:
  1. Subject matter-cloud storage of electronic files and data and making this available to You and Authorised Users, allowing changes, additions, deletions made by You and Your authorised users, producing reports. Access to and migration of data necessary to carry out requested support services.
  2. Nature and Purpose-processing of any personal data is purely incidental to the provision of Our Services, and is limited to storage, authorised disclosure, production of reports, access and migration. No migration of or access to or other processing of any personal data is carried out as a part of the Services other than as may be required on Your specific documented instructions.
  3. Duration-for the duration of the Services and thereafter until the personal data is returned or deleted by Us as set out in these terms or agreed in writing with You.
  4. Types of Personal Data and Categories of Data Subject- as may be provided to Us by (or at the direction of) You or Authorised Users.

Data Processor’s Obligations

Functioning as data processors on Your behalf, We shall:
1. Process personal data only on Your instructions and You hereby instruct Us to process that personal data, as is required for the provision of Services;
2. Appoint sub-processors only as permitted under this appendix;
3. Make sure that We have in place appropriate technical and organisational measures as required by the General Data Protection Law;
4. See to it that all personnel who have access to and/or process personal data are under the obligation to maintain the confidentiality of personal data;
5. Not transfer any personal data outside the EU unless We have done so in accordance with Your prior written authorisation or such transfer is on Your written instructions (and You hereby instruct and authorise Us to transfer personal data outside the Permitted Territory where required for the provision of Services, including but not limited to where You have been notified that an authorised sub-processor is located and stores or accesses personal data outside the Permitted Territory);
6. Considering the nature of processing, assist You, at Your cost, in responding to any request from a data subject (insofar as this is possible) and in ensuring compliance with Your obligations under the General Data Protection Regulation with respect to (based only on the information available to Us) security, impact assessments, breach notifications, and consultations with supervisory authorities or regulations;
7. On becoming aware of a personal data breach, notify You without any inordinate delay. Also, comply with Our obligation of making known to You in case an instruction of Yours infringes the General Data Protection Law (in Our opinion);
8. Upon termination of Your account, (at Your cost) delete or return to You personal data and copies thereof; and
9. Provide You with all necessary information, when asked, in order to substantiate Our compliance with this appendix and the General Data Protection Law. The same shall constitute Our confidential information, and You shall not disclose or use it, other than to confirm Our compliance with GDPR.
You specifically authorise the appointment of all sub-processors We have already notified You of. Further, You generally authorise Us to appoint additional or alternative sub-processors, on such sub-processor’s terms which imply data protection obligations that are similar or more onerous in effect than the ones set out in this appendix. Where We appoint or replace a sub-processor, Whenever We update Our list of sub-processors, We will notify You 30 days in advance of any such intended change(s). If You wish to object to such changes, You must inform Us in writing with Your reasons for such objection, within 30 days of receiving this notice. After receiving any such objection, We may make efforts to provide You with alternatives or assurances in relation to such change. If You, while acting reasonably in relation to Your legal or regulatory compliance obligations, sustain Your objections to such changes, You may, within 30 days of receipt of original notice about such changes, terminate (on written notice) the relevant Services directly affected by those changes. If You choose to terminate Your subscription due to such change, We at Our own discretion may choose to refund Your subscription fee on pro-rata basis for the remaining unused term. Where You do not provide written notice of such termination, or continue to use such Services following the change, You shall be deemed to have accepted such change.
You hereby expressly authorise Us to appoint the sub-processors listed below on this page.

List of Sub-processors

Name	Activity	Country
Amazon Web Services, Inc.	Cloud Infrastructure (Application & Database Servers etc.)	United States of America
Zendesk Inc	Customer Service Management Software	United States of America

eResource Scheduler Cloud – Security Statement

Last Updated: 1st August 2018

Enbraun Technologies (“Enbraun Technologies”), has updated its Security Statement (“Statement”). Your trust is an important asset to us. All client data that is stored by Enbraun Technologies is protected by rigorous infrastructure and administrative procedures.

Toachieve high levels of physical security and data protection that today’s businesses require, Enbraun Technologies maintains a robust and comprehensive multi-level security environment as described in this Statement.

Physical Security

Enbraun Technologies uses AWS as its cloud service provider for deploying its Software as a Service (“SaaS”) solutions in accordance with best industry practices and secured data centres.

Product Environment

Enbraun Technologies offers multi-tenant SaaS products which are accessible as cloud service by subscribing to them. Each subscriber to this service is a different tenant, having clear separations among them at schema level, making sure that subscriber data is completely protected and is accessible exclusively to its clients.

Data Encryption

Enbraun Technologies uses proven Transport Layer Security (“TLS”) technology for most trusted transmission of data from client’s devices to our server. The TLS technology is designed to protect client information. Using this technology, trusted servers are established by a trusted third-party that creates a secure channel through which client data can pass to our servers (protected from malicious actors).

Scalability

Enbraun Technologies has a distributed architecture which allows us to scale horizontally to meet the increasing traffic and growing number of Clients. We use multiple tools and monitoring processes for tracking resource usage and allowing the system to scale up after a threshold limit is reached.

Hashing technology

Enbraun Technologies uses hash technology that creates a very strong hash, wherever required, for securely storing all sensitive or secret information. The sole security objective being, making sure no one (including us), can ever access this information.

Payment Security

Stripe, a third-party service provider is used for processing your payments, it is considered one the most trusted payment portal, audited by a PCI-certified auditor and certified to PCI Service Provider Level 1. Any payment information provided by client goes directly to Stripe and never reaches our servers.

Human Resource Security

Employee Screening:Enbraun Technologies performs a background check on all its employees at the time of hiring and the employees are made to sign employment agreements and/or non-disclosure agreements that spell with well-defined confidentiality clauses.

Except as required for legitimate business purposes, including but not limited to technical support, the employees of Enbraun Technologies are prohibited from using any confidential information (including client data). This obligation continues to be binding upon them even after their employment ends.

Any dishonesty or omission of relevant information by an employee or failure to cooperate regarding a background check, disqualifies employment with Enbraun Technologies.

Background checks include education and employment reports.

Terms of Employment:The hiring process at Enbraun Technologies includes the following steps:

Communication to the new employees of policies, code of conduct and behavioural standards.
Employee signature of the employment agreement (which includes a confidentiality clause).
Background checks.

Training: As a significant part of hiring, all new employees undergo a general information security training.

Training specific to product development, deployment and management of secure applications is provided to employees who are engaged in SaaS development and operations.

Employees who deal with client data are provided additional security training.

Termination of Employment: We at Enbraun Technologies, provide for a formal process of employment termination which requires the exiting employee to return all assets (including but not limited to client data) to Enbraun Technologies, disabling or adjusting all access rights and making sure that ex-employees duly comply with all or any employment restrictions and other such contractual liabilities that continue to exist and be binding upon them, even after the termination of their employment. Every logical and physical access is suspended either on or before the termination date. To ensure a consistent and complete termination process, we use pre-defined checklists and make sure that they are observed during the termination of an employee.

eResource Scheduler On-Premises – End User License Agreement (EULA)

END-USER LICENSE AGREEMENT FOR ‘eResource Scheduler’ software and other related material.

IMPORTANT-READ CAREFULLY: This eResource Scheduler End-User License Agreement (“EULA”) is a legal agreement between ‘Client’ / ‘User’ (either an individual, partnership, company, organisation or a single entity that is using or used ‘eResource Scheduler’ computer software / application) and ‘ENBRAUN’ for ‘eResource Scheduler’, which includes ‘eResource Scheduler’ computer software / application / program and also includes associated media, printed materials, database and online or electronic documentation and videos together referred to as “SOFTWARE PRODUCT”.

By installing, copying, or otherwise using the SOFTWARE PRODUCT, client agrees to be bound by the terms of this EULA. If client does not agree to the terms of this EULA, then do not install or use the SOFTWARE PRODUCT.

LICENSED SOFTWARE PRODUCT eResource Scheduler SOFTWARE PRODUCT is licensed, not sold.
GRANT OF RIGHTS
1. eResource Scheduler database: Client may host one copy of eResource Scheduler database on an instance of mssql server.
2. eResource Scheduler software / application / program: Client may install and run eResource Scheduler software on as many PCs and operating systems as client desires.
3. Concurrent user licensing: Concurrent user licensing will limit the number of simultaneous users that can be connected to the database at any point in time / simultaneously. The number of concurrent users will depend on the number of licenses bought by client or provided to client by ENBRAUN. Client will not manipulate the database or software to allow more concurrent connections than the number of licenses bought / provided.
4. Resource based licensing: Resource based licensing will limit the total number of active resources in the system at any given time.
5. Database Migration: Client may migrate eResource Scheduler database from one server to another, provided that after migration, client removes the database from the first server and host the production database on only one server.
6. Database Backup: Client may take regular backups of eResource Scheduler database for the sole purpose of restoring it in case of any event that renders the production database as unusable.
LIMITATIONS
1. Not for Resale: Client may not resell, distribute (for cash or kind) or otherwise transfer for value, the SOFTWARE PRODUCT.
2. Reproduction and Distribution: SOFTWARE PRODUCT or any part of it may not be duplicated or copied unless written permission is taken from ENBRAUN.
3. Trademarks: This EULA does not grant client any rights in connection with any trademarks or service marks of ENBRAUN or its suppliers.
4. Limitations on Reverse Engineering, De-compilation, and Disassembly: Client will not perform any translation, localization or decompile, disassemble, reverse engineer or otherwise attempt to derive source code or interfere with source code, license files or licensing information; remove, replace or alter any digital certificate, trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the SOFTWARE PRODUCT or any part of it, without prior and express written permission from ENBRAUN.
5. Publishing Results: Client will not publish any results of benchmark tests run on the SOFTWARE PRODUCT or any part of it, to any third party or in any public domain without prior and express written permission from ENBRAUN.
6. Separation of Components: The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated.
7. No rental, leasing or commercial hosting: Client may not rent, lease, lend or provide hosting services to third parties without getting permission in writing from ENBRAUN.
GENERAL TERMS
1. ENBRAUN provides fully functional free trial of eResource Scheduler software and advices that all prospective clients / users evaluate the application in their environment before making a purchase decision.
2. ENBRAUN cannot be held responsible or liable for any feature or functionality that client presumed is present but is actually not.
3. It is implied and understood that client’s purchase decision is not based on any condition / promise of introducing any additional features in eResource Scheduler.
LICENSING PERIOD
1. Permanent Licenses: Permanent licenses are one time licenses and are issued once for a period of 99 years / 36135 days.
2. Annual Licenses: Annual licenses are issued for a period of 365 days and need to be renewed annually in advance.
RIGHT TO MODIFY LICENSING MODEL
1. Existing clients can continue using eResource Scheduler and renewing licenses as per their current licensing model without any change in number or duration (annual to permanent or vice-versa) of existing licenses.
2. Except in cases where existing clients have permanent licenses, if technically possible, existing clients may choose to adopt new licensing model at the time of their license renewal OR in between their existing license term by paying the applicable license fee as per new license model. If client chooses to adopt new licensing model in between their existing licensing term, then it will be considered as a new purchase and no refund or credit will be issued for remaining term of their existing licenses.
SUPPORT & MAINTENANCE DEFINITIONS AND ENTITLEMENT
1. ‘Support’ includes but is not limited to assistance, answers, suggestions, solutions, resources (including but not limited to documents / images / videos), provided by ENBRAUN’s representatives via any means of communication including but not limited to email / phone / web meeting software / skype / other internet calling application. ‘Support’ does not include training, training is provided separately and is chargeable.
2. ‘Maintenance’ includes software updates released by ENBRAUN to enhance existing functionality AND / OR add new functionality AND / OR to fix bugs / issues.
3. In case of annual licenses, AMC is included in annual license fee and clients do not need to pay AMC separately to avail support and maintenance.
4. In case of permanent licenses, clients need to renew AMC annually in advance to avail support and maintenance.
ANNUAL SUPPORT & MAINTENANCE COST (AMC)
1. In case of permanent licenses, annual support & maintenance is charged annually in advance at the rate of 15% of total one time license fee.
2. Annual support & maintenance fee is compulsorily charged at the time of purchase of new licenses or purchase of additional licenses. In case of additional licenses, annual support & maintenance fee will be charged on the total number of licenses (old & new) that will be active on a database and pro-rata credit will be provided for remaining AMC term of old licenses.
3. In case of annual licenses, annual support & maintenance is included in annual license fee.
REVISION OF ANNUALLY RECURRING COST
1. ENBRAUN reserves rights to increase all annually recurring cost / fee by up to 5% every year to adjust for inflation.
WARRANTY
1. ENBRAUN warrants the following…
  1. The SOFTWARE PRODUCT will perform substantially in accordance with the accompanying / marketed written and video materials.
  2. If a bug / problem / issue is found, ENBRAUN support engineers will spend reasonable time and effort to understand the problem and will make commercially reasonable efforts to solve any bugs / problem / issues in a reasonable time frame. ENBRAUN HAS NO OBLIGATION OF ANY KIND TO RESOLVE BUGS AND ISSUES IN TIMEFRAME DEFINED / REQUESTED / RECOMMENDED BY CLIENT.
2. ENBRAUN does not guarantee specific response or solution times to reported problems, but ENBRAUN will respond as promptly as it is able to do so and will keep client updated / informed of any developments in investigation / solution of reported problem.
3. ENBRAUN will at its reasonable discretion attempt to solve the problem with the intent that a solution is sought and released through changes / update to the SOFTWARE PRODUCT, provided:
  1. The issue relates specifically to the SOFTWARE PRODUCT and has not occurred due to use of any third-party product by client;
  2. Problem is not due to equipment failure or caused due to limitations / issues in client’s IT environment;
  3. The SOFTWARE PRODUCT would not be substantially changed in the process of attempting to resolve the problem;
  4. Client follows all reasonable recommendations from ENBRAUN and / or instructions to help investigate or otherwise resolve or work around the problem;
  5. The matter /problem is not subject to or related to a customization request;
  6. Problem is not resulted due to a computer virus.
  7. It is within ENBRAUN’s reasonable control to resolve the problem.
4. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE / GOVERNING LAW, ENBRAUN DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
CUSTOMER REMEDIES
COPYRIGHT & INTELLECTUAL PROPERTY
1. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed, video materials and any copies of the SOFTWARE PRODUCT are owned by ENBRAUN.
2. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, client must treat the SOFTWARE PRODUCT like any other copyrighted material.
3. ENBRAUN asserts its copyright, ownership rights, intellectual property rights including but not limited to trademark and patent rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing) over all aspects of the SOFTWARE PRODUCT and / or any services supplied and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world. All worldwide rights are reserved.
4. client agrees not to limit or interfere in any manner with ENBRAUN’s ownership of rights with respect to any of the above clauses.
TRADEMARK & COPYRIGHT ACKNOWLEDGEMENTS
USE OF CLIENT’S NAME AND LOGO ON ENBRAUN’S WEBSITE AND OTHER MATERIAL
1. Unless denied by client in writing, it is implied that client agrees, that ENBRAUN can use client’s name and logo on ENBRAUN’s website and / or any marketing / promotional / or other document / material for the sole purpose of communicating and establishing that client is using ENBRAUN’s ‘eResource Scheduler’ software to address their resource scheduling & planning requirements.
2. ENBRAUN will not make any claims on client’s behalf and will not publish / make public any communication / feedback / testimony from client without taking permission from client.
CONFIDENTIALITY
For the purposes of this Section, “Confidential Information” means any information, in whatever form, received by the recipient party from the disclosing party.
1. Each party agrees to maintain the confidentiality to the same extent that it protects its own confidential and proprietary information and, at a minimum, each party will not directly or indirectly make available to third parties or reveal, disclose, display, transfer, distribute or make use of the Confidential Information except in accordance with the terms of this Agreement and as necessary to exercise its rights and discharge its obligations under this Agreement or applicable / governing law.
2. The obligations of either party contained in this Section will not apply to any Confidential Information that:
  1. Now or hereafter may be in the public domain by acts not attributable to the other party;
  2. Was lawfully in the possession of the other party prior to receiving it from the disclosing party;
  3. Is required to be disclosed by applicable / governing law or regulation;
  4. Is received in good faith by the Receiving Party from a third party who, on reasonable enquiry by the Receiving Party claims to have no obligations of confidence to the other party to this Agreement in respect of it and who imposes no obligations of confidentiality upon the Receiving Party.
INDEMNIFICATION
1. ENBRAUN agrees to indemnify client for damages resulting from lawsuit brought against client by a third party successfully proving beyond doubt in the court of applicable / governing law and jurisdiction that eResource Scheduler software as delivered to client under this agreement infringes upon any patent, copyright, trademark, trade secret or other intellectual property right of that third party. This clauses does not cover any loses or damages caused due to or related to loss of client’s or any third party’s data. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF ENBRAUN UNDER THIS CLAUSE OR ANY OTHER CLAUSE OF THIS EULA EXCEED THE ACTUAL AMOUNT PAID BY CLIENT TO ENBRAUN UNTIL THE DAY SUCH LIABILITY ARISES.
2. Client agrees to indemnify ENBRAUN for damages resulting from client’s breach of any clause in this agreement.
LIMITED LIABILITY
RIGHT TO DISCONTINUE / DEACTIVATE LICENSES
ENBRAUN reserves the right to discontinue / deactivate licenses issued to / being used by client/s at any time and may choose to pursue legal action against client/s if any of the following events occurs…
1. Client does not pay ENBRAUN’s invoice/s in stipulated time.
2. Client breaches any of the clauses mentioned in this agreement.
Unilateral-amendment by ENBRAUN
ENBRAUN reserves the right to unilaterally amend this entire agreement, or any clause, exhibit, schedule, or appendix of this agreement, by giving 7 days notice to Client in written or by email or by notification in eResource Scheduler software. Except as provided in subdivision (19.1) of this clause, the amendment will take effect at the specified time after the effective date of the notice.
1. If Client is unwilling for the agreement to continue as amended, Client may discontinue use of eResource Scheduler software no later than the effective date of the amendment.
2. ENBRAUN at its own discretion may choose not to refund, partially refund or fully refund license fee to Client if Client chooses to discontinue use of eResource Scheduler due to amendment of this agreement.
GOVERNING LAW & JURISDICTION
ENTIRE AGREEMENT
ACCEPTANCE

eResource Scheduler On-Premises – Database Hosting Policy

Scope of Service
1. ENBRAUN will host client’s eResource Scheduler production database on its web server. eResource Scheduler application installed on client’s user PCs will connect to database (direct SQL connection) from any location around the globe via internet connection. This facilitates running eResource Scheduler in collaborative environment and allows real-time sharing of data between users irrespective of their geographic location.
2. Hosting cycle is for 365 days from the date ENBRAUN creates / restores production database on its web server. If client holds annual licenses, then license expiry date cannot be less than expiry date of hosting cycle. If clients with annual licenses opt for database hosting in the middle of their license term, then ENBRAUN will include license renewal fee (on pro rata basis) in hosting invoice, so that license expiry date is same as last date of hosting cycle. If client holds permanent licenses, then their AMC (annual maintenance) expiry date cannot be less than expiry date of hosting cycle. If clients with permanent licenses opt for database hosting in the middle of their AMC term, then ENBRAUN will include AMC renewal fee (on pro rata basis) in hosting invoice, so that AMC expiry date is same as last date of hosting cycle.
3. ENBRAUN will take weekly backup of client’s database.
4. ENBRAUN will keep copy of latest 4 backups during the entire hosting cycle.
5. Upon receiving written / email request of client, ENBRAUN will e-mail a copy of latest backup (or one of the last 4 backups, as requested) to the client.
6. Upon receiving written / email request of client, ENBRAUN will restore latest database backup on the production database. Client should specify if they want to restore the latest backup or any particular backup from any of the previous 4 backups.
7. First restoration request during annual hosting cycle will be completed without any cost to the client. Subsequent restoration request will be chargeable as per the fee mentioned in ‘Fee’ section of this policy.
8. ENBRAUN will monitor and ensure that enough server resources are available for optimum query processing & functioning of client’s database on its web server.
9. ENBRAUN will run / execute database update script as and when required.
10. ENBRAUN is responsible for server side configuration to facilitate direct sql connection via internet between ‘eResource Scheduler’ application installed on client’s user PCs and their database hosted on ENBRAUN’s web server.
11. ENBRAUN will store last 4 backups of database for a period of 3 months after the hosting service is cancelled / not renewed. Upon expiry of 3 months, database backups will be deleted and cannot be recovered.
12. System performance may be effected due to several factors including but not limited to internet speed at client’s end. ENBRAUN does not make any assurances whatsoever about system performance and encourage clients to test system performance at their end by requesting trial using database hosted on ENBRAUN’s web server.
13. ENBRAUN will suggest but is NOT responsible for any settings / configuration that may be required in client’s firewall / network to allow ‘eResource Scheduler’ application installed on Client’s user PCs to establish direct SQL connection via internet to database hosted on ENBRAUN’s web server.
Fee
1. Database hosting service is provided in exchange of annual hosting fee applicable at the time when client takes hosting decision. For information on latest hosting fee, kindly contact your account manager or email us on ers@enbraun.com.
2. Database hosting fee is chargeable annually in advance.
3. ENBRAUN reserves the right to revise database hosting fee from time to time, but any such change will not affect clients that are already using database hosting service until the end of their hosting cycle.
4. Database hosting can be renewed by paying annual hosting fee applicable at the time of renewal.
5. ENBRAUN will email renewal notice to client 4 – 3 weeks prior to completion of 365 day hosting period along with a renewal invoice. To ensure uninterrupted service, client should pay the renewal invoice before the expiry of hosting cycle.
6. Annual hosting fee is subject to minimum annual increase of 5% per year (CPI adjustment).
7. First restoration request during annual hosting cycle will be completed without any cost to the client. Subsequent restoration request will be chargeable at USD 100 for every successful restoration. ENBRAUN will inform client of this charge prior to restoring backup and will invoice the client after successful restoration of database. Such invoice is payable within 15 days of invoice date or as mutually agreed by client and ENBRAUN.
Confidentiality & Security
1. Client’s database / data will not be shared with any third party without explicit written / email permission from client’s representative / point of contact, except where required by applicable law.
2. Client’s database will only be managed / serviced by ENBRAUN’s own authorized and trained employees / resources.
3. Database backups are stored on a secured drive on our internal server and only authorized employees have access to that drive.
4. Client’s database / data is never used for any purpose other than for the purpose of providing database hosting services and carrying our activities defined in ‘Scope of Service’ section.
5. To ensure maximum performance, uptime and security, ENBRAUN hires web servers from world class vendors like ‘Rack Space’, Accu Web Hosting’ and ‘Host Gator’. ENBRAUN’s web servers are behind a firewall we use extremely strong passwords for sql connections.
Cancellation & Refund
1. No refund can be provided if client cancels / stops hosting its database on our web server during any part of hosting cycle.
2. If clients cancels hosting service, then ENBRAUN will provide client a copy of latest backup of database at no additional cost.
3. ENBRAUN reserves the right to cancel database hosting service of any client during any part of hosting cycle by giving written / email notice 4 weeks prior to cancelling service. In this scenario, ENBRAUN will refund hosting fee to client on pro rata basis based on the remaining hosting cycle. ENBRAUN will also provide client a copy of latest backup of database at no additional cost.
4. Upon completion of hosting cycle, client may choose not to renew hosting service. In this scenario ENBRAUN will provide client a copy of latest backup of database at no additional cost.
5. Upon completion of hosting cycle, ENBRAUN may choose not to renew / stop providing hosting service to client. ENBRAUN will inform client of such intentions by giving written / email notice 4 weeks prior to hosting cycle completion date. In this scenario, ENBRAUN will provide client a copy of latest backup of database at no additional cost.
6. If client fails to pay renewal invoice or communicate any reason for delay until expiry of hosting cycle, then ENBRAUN will presume that clients is not interested in renewing hosting service and will stop hosting client’s database after 15 days of expiry of hosting cycle. In this scenario, ENBRAUN will provide client a copy of latest backup of database at no additional cost.
Limited Liability
Governing Law & Jurisdiction