Welcome to Papertrell.com, a website owned and operated by Trellisys.net Private Limited, a business incorporated in the Republic of India. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “Papertrell,” “Papertrell.com,” “Trellisys.net Private Limited,” “us,” “we,” and “our,” refer to us, Trellisys.net Private Limited, our website, Papertell.com, or our Service, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Papertrell” refers to the business which owns this website (Trellisys.net Private Limited), our Site, or our Service, depending on the context of the usage;
“Service” refers to the services that we provide through our Site, including but not limited to our mobile app publishing platform
“Site” refers to our website, www.papertrell.com;
“User” refers to you, as well as any other person who uses our Service, or visits our Site;
“You” refers to you, the person who is entering into this Agreement with Papertrell.
3. Description of Service
Papertrell is a cloud-based mobile app publishing platform, focused on converting books into apps. Our Service may be used to publish book apps to the Apple App Store; Android Market; Windows Marketplace; Amazon Store; or any other suitable app store, and we provide a share to users of the revenue from books which they have published using Papertrell.
4. Information Supplied
When using our website, you will provide your name, e-mail address, mailing address, date of birth, and telephone number. You will also upload any content that you wish to have published.
We may charge fees for the use of our Service. We may choose to process your payment directly, or we may pass some or all of the information you provide to us, including your credit card information, to a third party payment processor for processing.
In addition to providing us with the above information about yourself, when signing up for our Service, you must be at least the minimum age of contractual capacity in the Republic of India, which is eighteen years old.
If you live somewhere other than the Republic of India, you must be at least the minimum age of contractual capacity where you live, but, if that age is lower than eighteen, you must still be at least eighteen to use our Service.
Although our Service is designed to convert your books into apps effectively, you agree that we make no claims as to the ability of our Service to always function as desired, or in a timely manner. You hereby acknowledge that Papertrell takes no responsibility for the proper, timely, or otherwise satisfactory functioning of our Service, and you agree to release us from any liability related to such transactions that we might otherwise have towards you.
6. Extent of License
Users who download an app made available through Papertrell’s service may do so at one of multiple app stores. You are given the right to download one copy of the app at the price listed. All purchase and billing is handled directly with the relevant app market and any issues with billing should be taken up with them.
Once you have downloaded the app your rights are limited to your personal use. This means you cannot sell our app anywhere else, share your license to use our app with anyone else, or try and make money off of it without our express written permission. Even if we offer our app for free, you must still abide by these provisions and not copy or otherwise use our app in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our app, but are instead buying a license to install and use the app within the confines of this Agreement.
We may use a third party payment processor to process payments. If we do, you agree that we are not responsible for any failure of such processors to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with the processor before we will credit the relevant Seller for the transaction.
Because these Terms of Service strictly limit how and where a dispute may be brought against us, you agree that you will be liable to Papertrell for any chargebacks, legitimate or illegitimate, which result in a loss to Papertrell, as well as our reasonable attorneys’ fees, collections agency fees, costs, disbursements, and other expenses in recovering the relevant amount from you. Any disputes against us must be resolved solely according to our “Forum of Dispute” provisions.
Any use of obviously fraudulent chargebacks will be reported to the infringing User’s or Users’ local police department and a credit bureau, as well as referring the matter to the User’s or Users’ local small claims court(s).
All prices posted by Papertrell are exclusive of any taxes, duties, or other fees. You agree that you shall be responsible for paying such fees, if applicable.
For example, your jurisdiction may impose a use tax on services purchased outside of your jurisdiction, and require you to report the purchase of such services. You are responsible for reporting and paying these fees.
Our Service is sold on an as-is basis and all refunds are discretionary. Papertrell will make a good faith attempt to have your app approved for publication. However, if your app is rejected by two or more third parties, Papertrell may, at its discretion, provide you with a refund, exclusive of any subscription fees which are non-refundable.
10. Revenue Sharing Formula
When you decide to sell an app through Papertrell’s Service, the third party app store(s) through which the app is sold will retain a commission for the sale of the app and any fees paid in relation to its use. The remainder of that revenue shall be transmitted to Papertrell as the app seller of record, according to the payment terms set out by the third party app store. Papertrell shall be entitled to 20% of the amount of the revenue collected originally by the third party app store, which it shall deduct from the amount remaining that has been remitted to Papertrell (in other words, the commission for Papertrell shall be calculated based on the gross rather than net income of the third party app store).
Papertrell shall pay out the commissions to which you are entitled on the 25th day of the month for any commissions assessed during the twenty days prior to the date of payment, subject to the requirement that you must be entitled to at least $500 on the date of payment. If you are not entitled to at least $500, Papertrell will carry over the unpaid amount to subsequent payment periods as required until you have accumulated at least $500 in commissions. Under no circumstances shall Papertrell be obligated to pay you for any earnings below $500, even if your account is terminated or cancelled.
Transfer fees, taxes, and other costs related to any transaction shall be your, rather than Papertrell’s, responsibility, and we may deduct such fees (such as wire transfer, check, or other fees) from your payment amount prior to remitting it to you.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, aggregating our content, rewriting it and/or reposting it elsewhere.
When uploading your content, you agree that Papertrell will have a perpetual, irrevocable, universal, sublicensable, commercial and non-commercial right to republish your copyrighted material subject to any terms on our Site, and you warrant that you have the legal power to grant us this right and will indemnify us for any loss if such warranty is breached. This paragraph operates as consideration for this Agreement rather than subject to any payment, and you therefore agree that in the event that Papertrell fails to pay the revenue to you described in the “Revenue Sharing” section of this Agreement, you will treat such a matter in any claim against us as a breach of contract in any dispute that you bring, rather than as a copyright infringement action.
“Papertrell” and “Trellisys” are trademarks used by us, Trellisys.net Private Limited, to uniquely identify our Site and our Service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
14. Revocation of Consent
Where Papertrell has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use. We therefore recommend that, if granted such permission, you do not use our intellectual property in any manner that would result in a loss if we exercised our right to revoke consent to use that intellectual property.
15. DMCA Notices
We take copyright infringement very seriously. Although we are an Indian company, do not consent to United States law being applied to our Service, and our Choice of Law and Forum of Dispute provisions explicitly reject the application of American law or jurisdiction of American courts for any User who agrees to these Terms of Service, we have registered a Copyright Agent under the Digital Millennium Copyright Act as an additional safe harbor. We accept the following procedure even as it relates to alleged violations of Indian law. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Papertrell.com Copyright Agent
Trellisys.net Pvt Ltd
572 2nd Block 3rd Main
R.T. NAGAR, KARNATAKA BANGALORE
If sending the notification by e-mail, an electronic signature is acceptable.
Additionally, although no similar procedure exists under American or Indian law for trademark infringement, we recommend following a similar procedure as that described above to notify us of alleged trademark infringement, so that we can take prompt action to correct the infringement.
If you are reading this document to find out how to serve us with a copyright notice, but you have not consented to this Agreement and are therefore not bound by our choice of law provisions, you may do one of the following two things:
1) Provide us with a DMCA notice formatted according to the above requirements. You agree that, if you send us such a notice, we will treat your notice as an American service provider would be required to, and that you waive any cause of action you may otherwise have against us in consideration for doing so.
2) Proceed using Indian law or Indian courts, or any other court of competent jurisdiction (though we do not concede that any nexus exists which would justify the use of a court outside of the Republic of India), in which case we will proceed according to the relevant rules and procedures.
We recommend using Option #1, as U.S. DMCA notice procedures are faster, more effective, and can offer a more expedited discovery process to determine the infringing party’s identity. Your waiving a cause of action against us as a result of electing to use Option #1 does not include waiving a cause of action against any third party who infringes your copyright. This should not be construed as legal advice and you should contact a qualified attorney before exercising your legal rights.
16. Editorial Control
You agree that Papertrell has the right, but not the obligation, to edit, amend, delete, or otherwise alter any data relating to an app, whether it is a part of the app itself, provided by an end user of the app, or otherwise. In the event that you believe that you have been defamed or an app, its contents, or the communications or other materials transmitted in relation to the app violate any applicable law, please contact us immediately with full details so that we may remedy the problem.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR OR OUR USERS’ GOODS OR SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSSES CAUSED BY THE PURCHASE OF GOODS OR SERVICES THROUGH OUR SERVICE, WHETHER FROM US OR FROM OUR USERS. THIS INCLUDES ANY FAILURE OR DAMAGE CAUSED BY GOODS OR SERVICES, INCLUDING INJURY TO PERSONS OR PROPERTY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
18. Cloud Data & European Notification
Data transmitted to Papertrell will usually be held in a cloud consisting of servers not under our physical control, with data storage moving throughout physical machines depending on what our cloud provider judges as best for our system. You hereby acknowledge and agree that Papertrell uses a cloud system of computing and that you will not hold us liable for any loss, temporary unavailability, breach of security, or other harm regarding your data as it is handled by our cloud provider.
In accordance with Directive 95/46/EC of the European Parliament, you are hereby notified that your data is being collected by Trellisys.net Pvt Ltd, of 572 2nd Block 3rd Main, R.T. NAGAR, KARNATAKA, BANGALORE, India, for the purpose of providing the services related to the Service described in this Agreement. Your data may be stored in the cloud system provided by a third party hosting provider or providers of our choice. Note that this notification does not represent any concession on the part of Papertrell that we are subject to any European law. This notification should be considered as a courtesy only, and not required in any way for compliance with any applicable law. This notification is at all times subordinate to our “Choice of Law” and “Forum of Dispute” provisions.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
20. Choice of Law
This Agreement shall be governed by the laws in force in the Republic of India. The offer and acceptance of this contract is deemed to have occurred in the Republic of India.
21. Forum of Dispute
In order to limit the costs and complexity of legal proceedings against Papertrell, you agree that any dispute naming Papertrell or a party acting for or on behalf of Papertrell arising from or relating to this Agreement or our Site or Service will be heard solely by the most summary court available in the City of Bangalore, in the Republic of India (“Small Claims Court”). You agree that even if you may be entitled to a monetary, equitable, or other remedy exceeding the jurisdiction of the Small Claims Court, you will waive your right to that remedy and still bring your action within the Small Claims Court.
If the subject matter of a dispute includes multiple claims, at least one of which is eligible to be heard in the Small Claims Court, you will release us from liability for the ineligible subject matter and will instead proceed with the eligible subject matter within the Small Claims Court.
If, after the application of these Forum of Dispute provisions, your claim is still ineligible to be heard in the Small Claims Court, you agree that the dispute shall be heard in the next most summary manner available in a court of competent jurisdiction in the City of Bangalore in the Republic of India.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
22. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Papertrell shall have the sole right to elect which provision remains in force.
In the event of a breach of this Agreement by you, or other actionable conduct, we may not take action against you, either knowingly or unknowingly. Such a failure to act on our part against you, or anybody else, for actionable conduct, should not be considered a waiver of our rights under this Agreement or under any applicable laws.
25. Termination & Cancellation
We may terminate your account or our provision of services to you, without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid directly to us, except in cases where the termination or cancellation was due to your breach of this Agreement or for cause.
Termination for cause includes any activity which may be unlawful and/or harm Papertrell, its Users, or any other person, and includes but is not limited to the engagement or attempted engagement in fraud, hacking, violence, intellectual property infringement, breach of contract with Papertrell, tax evasion, breaching the laws of the Republic of India or any other government having jurisdiction over you, or any other activity which may cause harm to Papertrell.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post a note to the Terms of Service indicating when they were last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service and inform us of your refusal by e-mailing firstname.lastname@example.org with details. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
28. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Papertrell.com must be addressed to our agent for notice and sent via certified mail to: Arun Benty, Trellisys.net Pvt Ltd, 572 2nd Block 3rd Main, R.T. NAGAR, KARNATAKA, BANGALORE, India.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.