CertFyr Terms and Conditions

These Terms and Conditions (“Agreement”) govern the use of CertFyr platform, owned, developed, and maintained by Rahul Jain (hereinafter referred to as the “Seller”).

By accessing or using CertFyr, the user or purchasing entity (hereinafter referred to as the “Buyer”) agrees to be bound by this Agreement. The Seller and Buyer may collectively be referred to as the “Parties.”

1. Software Description

CertFyr is a web-based software platform designed for gemologists and gem laboratories to facilitate certificate generation, certification workflows, and management of gem-related data.

2. Nature of Sale and License

The Seller grants the Buyer a limited, non-exclusive, non-transferable license to access and use the Software for internal laboratory purposes only.

The Buyer expressly acknowledges that:

  • Only access to the Software is being provided

  • No ownership rights are transferred

  • Source code, infrastructure, and associated assets remain the sole property of the Seller

The Software is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including but not limited to:

  • Fitness for a particular purpose

  • Non-infringement

  • Uninterrupted or error-free operation

3. Pricing, Consideration, and Payment

The Buyer agrees to pay all applicable fees for access and use of the Software.

The Seller reserves the right to:

  • Modify pricing, including subscription and maintenance charges

  • Introduce additional fees where necessary

Such changes may be applied at the Seller’s discretion. Continued use of the Software constitutes acceptance of the updated pricing.

Failure to pay applicable charges may result in suspension or termination of access.

4. Price Adjustments

The Buyer acknowledges that:

  • Pricing may increase at any time

  • Additional maintenance or service charges may be imposed where required

Non-acceptance of revised pricing will result in suspension or termination of access to CertFyr.

5. Data Security and Risk Allocation

The Buyer acknowledges full responsibility for:

  • Data security

  • Access control

  • Protection of sensitive information

While the Seller may implement commercially reasonable security practices, the Buyer agrees that:

  • No system is completely secure

  • The Seller shall not be liable for data loss, data theft, unauthorized access, or security breaches, except in cases of proven gross negligence

6. Suspension and Termination of Access

The Seller reserves the right to suspend or terminate access to the Software at its reasonable discretion, including but not limited to:

  • Breach of this Agreement

  • Non-payment of fees

  • Misuse of the Software

  • Security risks or suspicious activity

7. Laboratory-Specific Usage and Non-Transferability

The Software is configured for a specific laboratory identity.

Accordingly:

  • The laboratory name associated with the Software cannot be changed

  • The license is non-transferable to any other entity or laboratory

8. Scope of Graphic Work

The Seller’s design responsibility is limited strictly to:

  • Front-side design of gem certificates

The Seller is not responsible for:

  • Logo creation

  • Back-side certificate design

  • Any additional graphic or branding work

9. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India.

All disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Lucknow, Uttar Pradesh.

10. License Restrictions

The Buyer shall not:

  • Sub-license, distribute, or transfer access to third parties (except authorized staff within the laboratory)

  • Reverse engineer, copy, replicate, or attempt to derive the Software’s structure or functionality

  • Use the Software beyond its intended scope

11. Maintenance and Support

The Seller may provide maintenance and support services between 11:00 AM and 9:00 PM.

However:

  • Support is provided at the Seller’s discretion

  • Additional support beyond initial onboarding may be subject to separate fees and terms

The Seller does not guarantee uninterrupted availability of the Software.

12. Training

The Seller shall provide:

  • One-time remote training session for a single user

No obligation exists for additional training sessions unless separately agreed.

13. Confidentiality

The Buyer agrees:

  • Not to disclose, share, or distribute any internal system information

  • Not to share screenshots or details of the Software’s admin panel or backend

This obligation continues even after termination of access.

14. Buyer Responsibility for Data and Certificates

The Buyer is solely responsible for:

  • Accuracy and authenticity of all data entered

  • Legality of certificates generated using the Software

The Seller does not verify, validate, or guarantee the correctness of any certificate or data processed through CertFyr.

15. Indemnification

The Buyer agrees to indemnify and hold the Seller harmless from any claims, damages, losses, liabilities, or legal proceedings arising from:

  • Use or misuse of the Software

  • Unauthorized access

  • Data breaches

  • Content uploaded or generated by the Buyer

The Buyer shall bear all associated legal costs.

16. Legal and Copyright Responsibility

The Buyer is solely responsible for ensuring that:

  • All content (text, images, logos, certificates, etc.) complies with applicable laws

  • No third-party rights are infringed

The Seller shall not be liable for any legal claims arising from such content.

17. Limitation of Liability

To the maximum extent permitted by law:

  • The Seller shall not be liable for indirect, incidental, or consequential damages

  • Total liability of the Seller shall not exceed the amount paid by the Buyer in the preceding one (1) month

18. System Logs and Monitoring

The Seller reserves the right to:

  • Maintain logs of system activity

  • Monitor usage for security, operational, and dispute resolution purposes

19. Refund Policy

All payments made to the Seller are non-refundable, unless explicitly agreed otherwise in writing.

20. Entire Agreement

This Agreement constitutes the complete understanding between the Parties and supersedes all prior agreements, communications, or understandings, whether written or oral.

21. Termination

This Agreement may be terminated by the Seller in the event of:

  • Breach of terms

  • Non-payment

  • Misuse of the Software

  • Any other condition deemed necessary under this Agreement

Upon termination, access to the Software shall be revoked immediately.

Agreement Version: 14