Effective Date: September 20, 2019
Welcome to Prime MLM Software. These Terms of Service (“Agreement”) constitute a legally binding master agreement between you (the “Client” or “you”) and Fuinss Software Solutions Pvt Ltd (“Company,” “we,” “us,” or “our”), the developers and operators of Prime MLM Software.
By accessing our website, requesting a demo, issuing a Purchase Order, or purchasing a license to use our software and cloud infrastructure, you agree to be bound by this Agreement.
1.1. Software License: Subject to the payment of all applicable fees and compliance with this Agreement, the Company grants the Client a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use Prime MLM Software strictly for the Client’s internal business operations.
1.2. Intellectual Property Rights: The underlying technology, including the core MLM calculation engine, PHP/MySQL architecture, database schemas, source code, design, and proprietary algorithms, is the exclusive intellectual property of Fuinss Software Solutions Pvt Ltd. This Agreement grants a license to use the software; it does not transfer ownership of any core intellectual property.
1.3. Client Ownership: The Client retains 100% ownership of their own business data, user networks, distributor information, and custom front-end brand assets provided to the Company.
1.4. Restrictions: The Client shall not (a) modify, translate, reverse engineer, decompile, or disassemble the core software engine; (b) copy, resell, distribute, or lease the software to any third party; or (c) remove any copyright, trademark, or other proprietary notices from the software.
2.1. Hosting Infrastructure: The software is deployed and hosted on third-party cloud infrastructure (including, but not limited to, Hetzner Cloud and Cloudflare).
2.2. No 100% Guarantee: While the Company configures servers for high availability and performance, the Company does not guarantee 100% continuous, uninterrupted, or secure access to the software. The software and hosting services are provided on an “as is” and “as available” basis. The Company is not responsible for any downtime, network congestion, or service interruptions caused by third-party data centers, internet service providers, or events outside of our direct control.
2.3. Data Backups: While the Company may implement automated server backups as part of its routine infrastructure management, the Client acknowledges that the Company is not liable for data loss due to catastrophic third-party server failures. The Client is strongly encouraged to periodically export and maintain independent backups of their critical business data (such as user networks, transaction logs, and payout histories).
3.1. Lawful Business Operations: Prime MLM Software provides enterprise infrastructure for legitimate direct selling and multi-level marketing businesses. The Client assumes full responsibility for ensuring their compensation plans, business models, and operations comply with all local, state, federal, and international direct selling and financial regulations in their operational jurisdictions.
3.2. Prohibited Uses (Anti-Fraud Policy): To maintain the integrity of our network, protect our cloud infrastructure, and comply with global advertising standards, the Client is strictly prohibited from using Prime MLM Software to operate, promote, or manage:
3.3. Enforcement: The Company reserves the right to immediately suspend or terminate software and server access, without refund, if the Client is found to be operating an illegal or prohibited financial scheme, or if upstream infrastructure providers flag the Client’s operations for abuse.
4.1. Scope of Processing: The Company will process Personal Data solely on the documented instructions of the Client and strictly for the purpose of providing the Prime MLM Software services. The Client acts as the Data Controller, and the Company acts as the Data Processor. For more details on how we handle your data, please review our Privacy Policy.
4.2. Security Safeguards: The Company will implement commercially reasonable technical and organizational measures against loss or unlawful processing of personal data.
4.3. Data Subject Rights: The Company will promptly notify the Client if it receives a request from a Data Subject (e.g., a request to delete or access data) and will assist the Client, through technical measures, in fulfilling their obligation to respond.
4.4. Subprocessors: The Client authorizes the Company to engage third-party hosting and infrastructure providers as subprocessors, provided they are bound by equivalent data protection obligations.
4.5. Breach Notification: In the event of a confirmed data breach compromising the Client’s data, the Company will notify the Client without undue delay and provide reasonable assistance in investigating and mitigating the breach.
5.1. Fees: The Client agrees to pay all development, setup, licensing, and ongoing maintenance fees as outlined in their specific quotation or Purchase Order. Access to the software and hosting environment is contingent upon timely payment.
5.2. Taxation: All applicable taxes for software development and licensing services will be charged according to the taxation laws in force in India.
5.3. Refunds: Due to the custom enterprise nature of our software deployment and cloud infrastructure setup, all payments are subject to our official Refund Policy.
6.1. Disclaimer: The service and all software delivered to you are provided without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability and fitness for a particular purpose. Please read our full Disclaimer for further details.
6.2. Limitation of Liability: In no event shall Fuinss Software Solutions Pvt Ltd, its directors, employees, or partners be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of distributor data, or business interruptions. This limitation applies to damages arising out of the Client’s use or inability to use the software, including but not limited to server outages, hardware failures, data loss, or security breaches originating from third-party infrastructure providers.
7.1. Breach of Contract: The Company reserves the right to terminate the project and revoke the software license at any time without prior notification if the Client breaches this Agreement (including the Prohibited Uses policy).
7.2. Post-Termination: Upon termination, the Company shall have the authority to suspend server access and require the immediate destruction of any proprietary software code held by the Client. In the event of termination due to a Client breach, no refunds will be issued.
8.1. Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws in force in the State of Kerala, India.
8.2. Venue: All disputes, claims, or proceedings arising out of or relating to this Agreement shall be settled subject to the exclusive jurisdiction of the competent courts located in Kozhikode (Calicut), Kerala.
Fuinss Software Solutions Pvt Ltd
1st floor, Suit – 4, KT Building, East Kizhakkoth,
Kacherimukku Calicut, Kerala 673572, India
Email: [email protected]
Phone: +91 9539631646