Welcome to Amey Services!
AMEY SERVICES TM is the sole proprietorship, the trademark, and the service mark of the individual named AMEY KURLYE for rendering professional services and conducting business worldwide. Please refer the complete brand identity specifications here.
The software product development and design services, information technology services, and management consulting services are rendered under this service mark. Also, the software products developed by AMEY KURLYE are licensed and sold under this trademark.
Before proceeding, let us quickly take a look at the the following list of terms used throughout various provisions of this agreement. This list not only serves as the reference to the relevant section for a given term but also represents the structured logical flow for the ease of reading.
< Term > : < Defined in section number below >
- Use, Usage, Using, Used : section 1
- User : section 2
- Owner : section 3
- WIPO : section 4.1
- Concept – intellectual property assets or asset : section 5.1
- Concept – intellectual property owner : section 5.2
- Concept – originality and ownership of asset : section 5.3
- Owner's Asset and Owner's Assets : section 5.4
- Owner's Business Identity : section 5.5
- Owner's Brand Identity : Brand page on this website
- Concept – intellectual property (IP) rights : section 6.1
- Owner's Intellectual Property Rights : section 6.2
- What are the terms for the users : section 7
- What does NOT constitute as the Owner's IP : section 9
- Third-Party Owner : section 9.1
- Third-Party Owner's IP Assets : section 9.1
- Works Produced for Hire by the Owner : section 9.2
- User Privacy, Confidentiality, Non-Disclosure: section 10
- Liability of the Owner : section 11
- Owner's Content : section 11.1
- Severability Clause : section 12
- Owner's contact information : in the end
1. Usage, Use, Using, Used
The terms – “Usage”, “Use”, “Using” and “Used”, hereby mean one or more of the activities:
Access, read, write, mention, view, review, parse, traverse, alter, modify, replicate, duplicate, reproduce, transform, transmit, retransmit, share, transfer, distribute, license, trade, and sell
... performed by a User in the context of any of the Owner's Intellectual Property Asset.
The term – “User”, hereby means any individual(s), organization(s), crawling bot(s), computer program(s) and/ or software(s) accessing, traversing and/ or Using any of the Owner’s Intellectual Property Asset in a tangible form (such as – printed on paper, as a physical prototype, or hardware), or in a digital form (such as computer file, email, database entry, or software program).
3. The Owner
The individual named “AMEY KURLYE”, with his full legal name as “AMEY AJIT KURLYE”, is the sole and rightful Owner of the Assets identified under section 5.4 below.
4. Legal Framework
4.1. For Intellectual Property Rights
- The World Intellectual Property Organization (WIPO), one of the specialized agencies of the United Nations Organization, has identified and defined the Intellectual Property Rights.
- WIPO Convention has 190+ countries across the world as its signatories and member states.
- The WIPO Convention administers more than 20 international treaties, agreements, and conventions (including the Berne Convention) which protect the Intellectual Property Rights such as the Copyrights, Trademarks and Service Marks, Domain Name Rights, Patents, Trade Secrets, and Industrial Designs worldwide.
- The Owner is the citizen of the Country of India. India is one of the member states of the WIPO Convention and a signatory for several of the WIPO administered treaties.
- Thus, the Owner’s Intellectual Property Rights shall be recognized worldwide.
4.2. For Cybersecurity, Privacy and Confidentiality
- The international legal framework governing the cybersecurity, privacy and confidentiality affairs is Budapest Convention on Cybercrime – ETS European Treaty Series number 185 of 2001 and all its subsequent revisions.
- The Indian legal framework governing the cybersecurity, privacy and confidentiality affairs is the Information Technology Act of 2000 and all its subsequent revisions.
5. Owner's Intellectual Property
5.1. Intellectual Property Asset
The intellectual property includes the "Assets" such as, an idea, concept, invention, discovery, research, theory, formulae, process, technique, diagram, programming code, software, product, design, symbol, artistic composition, business name, distinct slogan, marketing phrase, or a business plan, originally documented by its original creator, composer, or inventor in a tangible form (such as – printed on paper, as a physical prototype, or hardware), or in a digital form (such as computer file, email, database entry, or software program). Domain name is also considered as an asset, which can be commercially purchased.
5.2. Intellectual Property Owner
All the intellectual property rights for a given asset are vested within the original creator, composer, inventor, or the owner of that asset; and hence that original creator, composer, inventor, or the lawful purchaser of that asset is legally termed as the “intellectual Property Owner”. The intellectual property owner could be an individual person or an entity such as a group of persons, or one or more companies.
5.3. Establishing Intellectual Property Ownership
In the case of any disputes arising out of the intellectual property ownership of an asset, the originality of an asset is determined based on the date-timestamp assigned to the asset by a credible entity, such as an email services provider, digital platforms to store the intellectual property assets, registrations made for a given asset with the government agencies, or the date-timestamp applicable during its availability in the public domain (internet, journal, newspaper, broadcasted show), whichever is earlier.
5.4. The Owner's Intellectual Property Assets
Thus, the "Intellectual Property of the Owner" or the "Owner's Intellectual Property" includes all the assets originally created, composed, invented, or commercially purchased by the Owner, such as:
- The Owner's Business Identity [refer section 5.5 below], AND
- The Owner's products such as software, articles, theories, legal drafts, designs, diagrams, business plans, etc., AND
- Each kind of the asset [refer section 5.1 above] originally authored, composed, designed, invented, prototyped, shared, licensed and distributed by the Owner, AND
- All tangible and digital copies of each of the Owner's Intellectual Property Asset, which are further licensed, distributed, and/ or Used by any User, AND
- All the personally identifiable, biometric, and contact information of the Owner
For the sake of brevity, each of such assets has been individually referred to as the "Owner's Asset", and collectively as the "Owner's Assets".
5.5. The Owner's Business Identity
AMEY SERVICES TM is the sole proprietorship and the trademark of the individual named AMEY KURLYE for rendering professional services and conducting business worldwide. The principal kinds of the professional services are software product development, information technology services, and management consulting.
The following Assets constitute the "Owner's Business Identity":
- The name of the Owner (AMEY KURLYE and AMEY AJIT KURLYE), AND
- The Owner's business name (AMEY SERVICES), AND
- The domain names (ameyservices.com and ameykurlye.com) purchased by the Owner, AND
- The Owner's websites and constituent webpages associated with the Owner's domain names (ameyservices.com and ameykurlye.com), AND
- The logo, slogans, tag lines and other branding elements for the Owner's business - kindly refer the "Brand" webpage on each of the Owner's website, AND Home Brand Terms
- The Owner's email addresses (firstname.lastname@example.org and email@example.com)
The Owner owns and exercises the worldwide copyrights, trademark and service mark rights, and other intellectual property rights as applicable to each of these Assets.
6. Owner's IP Rights
6.1. Intellectual Property (IP) Rights
An intellectual property owner gets to exercise all the intellectual property rights including all the ownership, transfer, licensing and distribution rights for all the intellectual property assets they own. The WIPO convention broadly categorizes the "intellectual property rights" as the Copyrights, the Trademark and Service Mark (Trademark being the term widely used for both) Rights, the Domain Name Rights, the Patent Rights, the Trade Secret Rights, the Privacy and Confidentiality Rights for the personally identifiable, biometric and contact information, Economic Rights for licenses and royalties, etc., and the Moral and Attribution Rights of an author, creator, composer and/ or inventor.
6.2. The Owner's Intellectual Property Rights
Thus, the Owner hereby holds and reserves:
- The full ownership of the Owner's Assets, AND
- As per the WIPO Convention, all the worldwide intellectual property rights associated with and applicable to each of the Owner's Asset, AND
- The right to establish the terms and conditions subject to control the licensing, distribution and Usage of each of the Owner’s Asset to/by existing and potential Users, individuals, and organizations, AND
- The right to transfer any of the Owner’s Intellectual Property Rights associated with each of the Owner's Asset to any User(s), individual(s) and organization(s) as per the terms and conditions established by the Owner, AND
7.1. Protecting Owner's Business Identity
7.1.A. Any User should not impersonate or compromise the Owner's Business Identity in order to carry out the business anywhere in the world on behalf of the Owner.
7.1.B. Any User should not initiate, indulge in, or promote the defamation of the Owner's Business Identity anywhere in the world.
7.2. Upholding the Owner’s Intellectual Property Rights
7.2.B. Any User is encouraged to access, read, view, review, parse, and traverse through the Owner’s Intellectual Property Assets shared on the Owner's websites ameyservices.com and ameykurlye.com, and on the digital social media. However, any User must NOT alter, modify, replicate, duplicate, reproduce, transform, transmit, retransmit, share, transfer, distribute, license, and sell any Intellectual Property Asset of the Owner, in whole or in part, in the electronic, digital, physical form or any other form, and for any commercial or non-commercial use, in any manner, without obtaining the prior written consent from the Owner to do so. A User can request such consent from the Owner by sending an email to firstname.lastname@example.org and/ or email@example.com.
7.2.C. As the only partial exception to the provisions set forth in the Section 7.2.B above, a User can share only the Intellectual Property Asset of the Owner on the internet based social media, which meets all the provisions mentioned in the Section 7.3 below.
7.3. Which of the Owner's Intellectual Property Assets could be Shared on Social Media?
7.3.A. The Owner intends to share some of the Owner’s Intellectual Property Assets (such as articles, presentations, contracts, etc.) on the internet based social media with the Complete Attribution or Citation [as described in the Section 7.4 below] pointing back to the originally published copy of the respective Intellectual Property Asset located on the Owner’s Website.
7.3.B. A User may share (, however must not license, trade, or sell,) only such Intellectual Property Asset of the Owner, which had already been shared by the Owner on any internet based social media, provided that asset meets BOTH the conditions mentioned below:
- Condition 1: That User must not alter Owner’s Intellectual Property Asset and associated Attribution or Citation previously inserted by the Owner, AND
- Condition 2: The Owner has not associated any licensing or sale amount and sale terms for that particular Intellectual Property Asset of the Owner.
7.4. Producing Complete Attributions and Citations to the Owner’s Intellectual Property Assets
If any User’s work is based on any portion (, such as a section from an article, image, code library, etc.,) of the Owner’s Intellectual Property Asset:
7.4.A. Such User must always include a complete attribution and/ or citation, whichever deems more fit, of the Owner’s possession of that Intellectual Property Asset.
7.4.B. The Format for the Complete Attributions and Citations: The accurate, complete, highly visible, and easily navigable reference is required to mention all of the following:
- The Owner’s name, AND
- The referenced URL from the Owner’s Website pointing to the original location of that Intellectual Property Asset of the Owner, AND
- The referred section from an article, image, etc. within the respective Intellectual Property Asset of the Owner, AND
- The date of access
... so that any reader can smoothly navigate to the original location of publication of the Owner’s Intellectual Property Asset on the Owner’s Website.
7.5. Maintaining the Social Decorum and Public Safety
7.5.A. Any User shall not initiate, promote, engage and indulge in any kind of hate speech, derogatory comments, defamation regarding the Owner and the Owner’s Intellectual Property Assets in any print or digital media.
7.5.B. Any User shall not utilize the Owner’s name and the Owner’s Intellectual Property Assets to initiate, promote, engage and indulge in any kind of hate, defamation, violence, and unlawful behavior against any User(s), individual(s) and organization(s).
7.6. Compliance to Cybersecurity, Privacy and Confidentiality Laws
Every User must refrain from launching a malicious cyber attacks, such as and not limited to the hacking, malware, spyware, ransomware, trojan horse, denial of service, passwords and credential thefts, data theft, financial fraud, data leaks violating privacy, confidentiality and non-disclosure agreements, identity theft, impersonation, etc., on the Owner’s Website, the Owner’s Email Accounts – firstname.lastname@example.org and email@example.com, the Owner’s cellphone, computer and other devices, any Intellectual Property Assets of the Owner, and any data available with the Owner.
8.1. In reference to the sections 5, 6, 7.1, and 7.2 set forth hereinbefore:
Each Asset, which is claimed as the Owner’s Intellectual Property Asset by the Owner, is ideated, designed, composed, constructed, and/ or produced by the Owner carefully so as not to undermine anybody’s existing copyright, trademark, patent or any other Intellectual Property Rights for that matter. The Owner ensures that the corresponding source files are auto-date- timestamped over one or more globally recognized, highly credible, and widely used cloud- based internet platforms, in order to not only protect and establish the Ownership of the Owner’s Intellectual Property Assets but also to withstand against any false intellectual property right infringement allegations made against the Owner by any User(s), individual(s) or organization(s).
8.2. If any User violates any provisions from the sections 7.2, 7.3, 7.4, and 7.5:
8.2.A. If the identity and email information of that User is readily available and accessible to the Owner on the social media and internet, the Owner may email and request that User to either restore or furnish the complete and non-ambiguous attribution or citation to the Owner’s Intellectual Property Asset originally published on the Owner’s Website, or pull out that User’s plagiarized material or any controversial views and comments, as applicable, within a stipulated amount of time, typically within 72 hours or at an earliest.
8.2.B. The Owner may also choose to inform the respective authorities governing the respective social media platform and/ or the organization about such violation of the Owner's Intellectual Property Rights by a User, and request the respective authorities to rescind that plagiarized and controversial material posted by that User at an earliest in order to maintain the Owner’s Attribution Rights, to protect the reputation of the Owner’s Intellectual Property Assets against any kind of hate speech, derogatory comments, or defamation initiated or promoted by that User.
8.3. In case of the violation of any provisions in the section 7.6 by a User undermining the Cybersecurity, Privacy and Confidentiality of the Owner’s Intellectual Property Assets or that of other Users, the Owner is legally obliged to approach the cybersecurity and law enforcement cell to report such incidences for protecting the cybersecurity of the internet community world-wide.
9. What does NOT constitute as the Owner's IP
9.1. Third-Party Citations by the Owner
9.1.A. An individual/ organization (who/ which is different from the Owner) is referred to as a Third Party. A previously existing original composition, creation, and invention of a Third Party, which is not commercially owned by the Owner, has been hereinafter referred to as “the Intellectual Property Asset of the Third-Party Owner”. The Third Party Owner’s Intellectual Property Asset could be in the form of the textual information, image, animation, video, documented invention theory, etc.
9.1.B. If the Owner uses any Intellectual Property Asset of a Third-Party Owner to support the composition/ creation/ invention of any Intellectual Property Asset of the Owner, the Owner shall attribute or cite that Third-Party Owner by the respective identity (the person’s or organization’s name, or the username) disclosed on the social or print media, the web-link to the Third-Party Owner’s Intellectual Property Asset shared on the respective social or print media, along with the date of access. In case, that Third-Party Owner does not wish the Owner to use and attribute or cite a given Intellectual Property Asset of the Third-Party Owner, the Third-Party Owner can communicate so to the Owner by writing to firstname.lastname@example.org and email@example.com, so that the Owner can remove such attributions/ citations and the respective content from the Owner’s Website(s) and the copies of Owner’s Intellectual Property Asset(s) which are still under the Owner’s control regarding the publication, licensing and/ or distribution.
9.2. Works Produced for Hire
9.2.A. The works performed by the Owner in the capacity of the Professional Services Provider as part of the professional engagements such as strategic business consultation, management professional, information technology and software development services, employment, teaching, and training practices for his clients, such as organizations and individuals, have been termed as “the Works Produced for Hire”.
9.2.B. These Works Produced for Hire are protected by the Non-Disclosure and Confidential Agreements signed between the Owner and his clients to protect their business strategies, financial interests, privacy and confidentiality to maintain their competitiveness across respective industries and market segments, by the virtue of the Service Provider – Client Privilege and mutual trust.
9.2.C. These Works Produced for Hire are the Intellectual Property of the respective clients, and NOT that of the Owner.
10. User Privacy, Confidentiality, Non-Disclosure
10.2. The Owner hereby declares that the Owner does not share any Usage and analytics data reported by Google Analytics with any third-party entities and Users.
11.1. The “Contents” ideated, authored, composed, designed, prototyped, shared, licensed and distributed by the Owner are the individual viewpoints, theories, inventions, ideas, opinions and compositions exclusively of the Owner based on the best practices, the industry principles, and the pragmatic approaches and solutions the Owner embraces and believes in.
11.2. Every User shall have the final say and decision making power, whether or not to embrace, apply, and/ or implement the ideas, messages, theories, suggestions, and strategies, conveyed within the Content of the Owner, to the User’s own business, work practices and personal practices. Kindly note that the Owner shall neither be liable nor be responsible for any decisions made, actions performed, and the outcomes achieved of any User.
11.3. Kindly note that the Owner shall not be liable to any loss of privacy, confidentiality, intellectual property rights, finances, reputation and/ or any other valuables of any User(s), individual(s), and organization(s) incurred by the malicious acts of any User violating the provisions set forth in the Section 7.6 above.
If any term(s) set forth herein are held to be illegal or otherwise unenforceable by any court of jurisdiction, the remaining term(s) and their respective applications shall continue to apply to the Users.
The Owner hereby reserves the irrevocable right to amend, modify and void any terms set forth herein at any point in time as per the necessities perceived by the Owner in the future. The Owner shall post the revised terms on the Owner’s Websites.