Definition:
Sociograph('s)
websites - www.iamdave.ai, www.sociographsolutions.in, www.i2ce.in,
'You', 'Your' or
'Customer(s)' - An individual or legal entity who is visiting our
website or consuming any service from Sociograph.
'Sociograph', 'we', 'us' or 'our' - Sociograph Solutions Private Limited
'Sociograph
Application', 'Service', 'Software', or 'Platform' - Suite of applications made
available at any of Sociograph's websites or subdomains of these websites.
'Subscription Service', Sociograph('s)
Service(s), Service - All of our web and mobile based marketing and sales
applications, tools and platforms that you have subscribed to by an Order Form
or directly on the website or via a thirdparty marketplace or that we otherwise
make available to you, and are developed, operated, and maintained by us,
accessible via Sociograph's websites or another designated URL, and any ancillary
products and services that we provide to you.
Visitor(s)
- Individual people or accounts that are designated and authorized by Customer
to access Subscription Service or other individual people or accounts who
access Sociograph's websites.
User(s)
- Individual people or accounts that are designated and authorized by Customer
to access Subscription Service
Contact Information - The name, email address, phone number, online
user name(s), telephone number, and similar information submitted by visitors
to our website or landing pages
Terms
of Service:
This is an agreement between you or
the entity that you represent hereinafter 'You' or 'Your' and Sociograph
Solutions Private Limited(hereinafter referred to as 'Sociograph') governing
your use of Sociograph's Suite of online applications for customer engagement and
business productivity.
You may not access the Services for
purposes of monitoring their availability, performance or functionality, or for
any other benchmarking or competitive purposes.
Parts of this Agreement
This Agreement consists of the following
terms and conditions (hereinafter the 'General Terms') and terms and
conditions, if any, specific to use of individual Services (hereinafter the
'Service Specific Terms'). The General Terms and Service Specific Terms are
collectively referred to as the 'Terms'. In the event of a conflict between the
General Terms and Service Specific Terms, the Service Specific Terms shall
prevail.
Acceptance of the Terms
You must be of legal age to enter
into a binding agreement in order to accept the Terms. If you do not agree to
the General Terms, do not use any of our Services. If you agree to the General
Terms and do not agree to any Service Specific Terms, do not use the
corresponding Service. You can accept the Terms by checking a checkbox or
clicking on a button indicating your acceptance of the terms or by actually
using the Services.
Description of Service
We provide an array of services for business
productivity and customer engagement including but not limited to marketing automation,
customer relationship management, database application, chat bot, Sales Order
Management, intelligent merchandise assistant ("Service" or
"Services"). You may use the Services for your personal and business
use or for internal business purpose in the organization that you represent.
You may connect to the Services using any Internet browser supported by the
Services. You are responsible for obtaining access to the Internet and the
equipment necessary to use the Services. You can create and edit content with
your user account and if you choose to do so, you can publish and share such
content. We might provide
some or all elements of the Subscription Service through third party service
providers.
During the Subscription Term, we will
provide you access to use the Subscription Service as described in this
Agreement and the applicable Order.
Professional
Services
You may purchase additional
professional services (eg. Consulting Services) by placing an Order with
us. Unless we otherwise agree, the professional Services we provide will
be delivered in English. Fees for these professional Services are in
addition to your Subscription Fee. All Consulting Services would be also
be governed by independent contracts signed between both parties, for any
additional terms.
Availability
We try to make the Subscription
Service available 24 hours a day, 7 days a week, except for planned downtime
for maintenance and Force Majeure (defined later in the agreement).
New Features
Sociograph
may add additional features to the platform that may be offered to existing and
new Customers at an additional price. Purchasing Services once does not entitle
Customers to get access to new features and services in the Sociograph
application subscription without additional payment. By entering into this
Agreement, you confirm that your purchase decision is not dependent on any oral
or written public comments made by Sociograph regarding future functionality or
features.
Subscription to Beta Service
We may offer certain Services as
closed or open beta services ("Beta Service" or 'Beta Services') for
the purpose of testing and evaluation. You agree that we have the sole
authority and discretion to determine the period of time for testing and evaluation
of Beta Services. We will be the sole judge of the success of such testing and
the decision, if any, to offer the Beta Services as commercial services. You
will be under no obligation to acquire a subscription to use any paid Service
as a result of your subscription to any Beta Service. We reserve the right to
fully or partially discontinue, at any time and from time to time, temporarily
or permanently, any of the Beta Services with or without notice to you. You
agree that Sociograph will not be liable to you or to any third party for any
harm related to, arising out of, or caused by the modification, suspension or
discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
We periodically update these terms
and we will let you know when we do, through notifications within
the Sociograph admin dashboard access provided to you, used to access your
Sociograph application subscription (if you have one), or by posting a revised
copy on our website. You agree to review the Terms of Service on a regular
basis and always remain in compliance.
If we make significant changes to the
Terms that affect your rights, you will be provided with at least 30 days
advance notice of the changes by email from your primary email address. You may
terminate your use of the Services by providing Sociograph notice by email
within 30 days of being notified of the availability of the modified Terms if
the Terms are modified in a manner that substantially affects your rights in
connection with use of the Services. In the event of such termination, you will
be entitled to prorated refund of the unused portion of any prepaid fees. Your
continued use of the Service after the effective date of any change to the
Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user
account by providing all required information in order to access or use the
Services. If you represent an organization and wish to use the Services for
corporate internal use, we recommend that you, and all other users from your
organization, sign up for user accounts by providing your corporate contact
information. In particular, we recommend that you use your corporate email
address. You agree to: a) provide true, accurate, current and complete
information about yourself as prompted by the sign up process; and b) maintain
and promptly update the information provided during sign up to keep it true,
accurate, current, and complete. If you provide any information that is untrue,
inaccurate, outdated, or incomplete, or if Sociograph has reasonable grounds to
suspect that such information is untrue, inaccurate, outdated, or incomplete,
Sociograph may terminate your user account and refuse current or future use of
any or all of the Services.
Organization Accounts and Administrators
When you sign up for an account for
your organization you may specify one or more administrators. The
administrators will have the right to configure the Services based on your
requirements and manage end users in your organization account. If your
organization account is created and configured on your behalf by a third party,
it is likely that such third party has assumed administrator role for your
organization. Make sure that you enter into a suitable agreement with such
third party specifying such party's roles and restrictions as an administrator
of your organization account.
You are responsible for i) ensuring
confidentiality of your organization account password, ii) appointing competent
individuals as administrators for managing your organization account, and iii)
ensuring that all activities that occur in connection with your organization
account comply with this Agreement. You understand that Sociograph is not responsible
for account administration and internal management of the Services for you.
You are responsible for taking
necessary steps for ensuring that your organization does not lose control of
the administrator accounts. You may specify a process to be followed for
recovering control in the event of such loss of control of the administrator
accounts by sending an email to info@sociographsolutions.in, provided that
the process is acceptable to Sociograph. In the absence of any specified
administrator account recovery process, Sociograph may provide control of an
administrator account to an individual providing proof satisfactory to
Sociograph, demonstrating authorization to act on behalf of the organization.
You agree not to hold Sociograph liable for the consequences of any action
taken by Sociograph in good faith in this regard.
Personal Information and Privacy
Personal information you provide to
Sociograph through the Service is governed by Sociograph Privacy
Policy(link). Your election to use the Service indicates your acceptance of the
terms of the Sociograph Privacy Policy. You are responsible for
maintaining confidentiality of your username, password and other sensitive
information. You are responsible for all activities that occur in your user account
and you agree to inform us immediately of any unauthorized use of your user
account by email to info@sociographsolutions.in or by
calling us on any of the numbers listed on http://www.iamdave.ai/. We are not responsible for any loss or damage to you or to any third
party incurred as a result of any unauthorized access and/or use of your user
account, or otherwise.
Communications from Sociograph
The Service may include certain
communications from Sociograph, such as service announcements, administrative
messages and newsletters. You understand that these communications shall be
considered part of using the Services. As part of our policy to provide you
total privacy, we also provide you the option of opting out from receiving
newsletters from us. However, you will not be able to opt-out from receiving
service announcements and administrative messages.
Complaints
If we receive a complaint from any
person against you with respect to your activities as part of use of the
Services, we will forward the complaint to the primary email address of your
user account. You must respond to the complainant directly within 10 days of
receiving the complaint forwarded by us and copy Sociograph in the
communication. If you do not respond to the complainant within 10 days from the
date of our email to you, we may disclose your name and contact information to
the complainant for enabling the complainant to take legal action against you.
You understand that your failure to respond to the forwarded complaint within
the 10 days time limit will be construed as your consent to disclosure of your
name and contact information by Sociograph to the complainant.
Fees and Payments
The Services are available under
subscription plans of various durations.
Payment
by credit card:
If you are paying by credit card,
-
You authorize us to charge your
credit card or bank account for all fees payable during the Subscription Term.
-
You authorize us to auto-charge for
renewal of subscription unless you have made explicit request to cancel the
subscription at least fifteen (15) days before the renewal date. Any
cancellation requests after auto-charge for subscription renewal will not lead
to a refund.
-
You further authorize us to use a
third party to process payments, and consent to the disclosure of your payment
information to such third party.
Payment
against invoice
If you are paying by invoice, we will
invoice you no more than forty-five (45) days before the beginning of the
Subscription Term and each subsequent Billing Period, and other times during
the Subscription Term when fees are payable. All amounts invoiced are due and
payable within thirty (15) days from the date of the invoice, unless otherwise
specified in the Order Form.
Credit
Period:
All fee in payable in net 15 days.
Sociograph will apply interest of lower of a) 1.5% per month b) maximum
permissible under law in the case of a delay in Fee payment by the Customer.
From time to time, we may change the
price of any Service or charge for use of Services that are currently available
free of charge. Any increase in charges will not apply until the expiry of your
then current billing cycle. You will not be charged for using any Service
unless you have opted for a paid subscription plan.
Customer agrees to provide accurate
Credit Card, Debit card or Bank information as may be needed to process the
payments. The Customer also agrees to update Sociograph about change in any
payment information that may impact the processing of payment in the current or
subsequent billing cycles. Any failure of payment processing due to inaccurate
information may lead to suspension or termination of Customer Account.
All applicable taxes are extra:
All fees are exclusive of taxes,
which we will charge as applicable. You agree to pay any taxes applicable to
your use of the Subscription Service and performance of Consulting Services. If
you are subject to Service Tax or GST in India, all fees are exclusive of
Service Tax. / GST. If you are located in the European Union, all fees are
exclusive of any VAT and you represent that you are registered for VAT purposes
in your member state. At our request, you will provide us with the VAT
registration number under which you are registered in your member state. If you
are located in any other country, all applicable taxes as per the law of the
land would be applicable as extra, If you are subject to GST, all fees are
exclusive of GST.
If you are required to deduct or
withhold any tax, you must pay the amount deducted or withheld as required by
law, provide us required deduction certificates for accounting and pay us an
additional amount so that we receive payment in full as if there were no
deduction or withholding.
Refund
Policy:
Our vision is to create disruptive
technology products that is conceptualized grounds up in consultation with
various business users and we would like the application to have a significant
impact positively on your business. We appreciate that you chose Sociograph
from the many options you have. We would like to ensure that we support you
through this journey and help you leverage full potential of what we have to
offer. We have created this policy that details what we will do should we fail
to meet your expectations.
If at anytime during using our service, you are dissatisfied, please
contact us. We will do our best to address your issue, provide a work around or
give a timeline for a solution that will meet your needs. If you are not
satisfied, we will gladly offer you a refund on a pro-rata basis(you will be
charged from the service start date to end date and the discretion of
Sociograph would be final in this regard), and downgrade your account to the
free plan for that service. Any termination initiated by both parties is
governed by the termination clause as stated in this agreement.
Auto-Renewal: For your convenience, your monthly and yearly subscriptions will
auto-renew until you cancel the service. Every time before your subscription
auto-renews, we will send a mail specifying the amount that will be charged to
your credit card, or that will be invoiced to you. Similarly, after each
renewal we will send you a receipt via e-mail specifying the amount that has
been deducted together or paid for via other modes with the next renewal date
and the next renewal amount. Renewal terms would be specific to the plan you
choose.
For questions, please e-mail info@sociographsolutions.in
Exception
to our Refund Policy
Please note that we will not entertain
a request for refund (even if PRO-RATED) when we have suspended or terminated
your access to Sociograph's Services due to a violation of our terms of
service as mentioned here.
Termination
and Associated Terms
A party may terminate this Agreement
for cause (i) upon 30 days written notice to the other party of a material
breach if such breach remains uncured at the expiration of such period, or (ii)
if the other party becomes the subject of a petition in bankruptcy or any other
proceeding relating to insolvency, receivership, liquidation or assignment for
the benefit of creditors or (iii) or at the sole discretion of Sociograph due
to reasons not mentioned in this agreement.
If this Agreement is terminated by You
in accordance with the clause, We will refund You any prepaid fees covering the
remainder of the term of all Order Forms after the effective date of
termination. Decision of Sociograph would be final on pro rata calculation of
the remainder of the fees. The pro rata calculation would consider the end date
as the date on which services are terminated successfully by Sociograph and
this may be any date within the 30 days of notice period. If this Agreement is
terminated by Us in accordance with this clause, You will pay any unpaid fees
covering the remainder of the term of all Order Forms. In no event will
termination relieve You of Your obligation to pay any fees payable to Us for
the period prior to the effective date of termination.
If you have subscribed to our
services online, you will have an option to cancel or terminate the service
online from your admin dashboard. In case you are unable to cancel or terminate
your service online, you could request for termination via email and Sociograph
would be eligible for a 30 day notice period from the date of email receipt to
terminate services.
Restrictions
on Use
In addition to all other terms and
conditions of this Agreement, you shall not: (i) transfer the Services or
otherwise make it available to any third party; (ii) provide any service based
on the Services without prior written permission; (iii) use the third party
links to sites without agreeing to their website terms & conditions; (iv) post
links to third party sites or use their logo, company name, etc. without their
prior written permission; (v) publish any personal or confidential information
belonging to any person or entity without obtaining consent from such person or
entity; (vi) use the Services in any manner that could damage, disable,
overburden, impair or harm any server, network, computer system, resource of
Sociograph; (vii) violate any applicable local, state, national or
international law; and (viii) create a false identity to mislead any person as
to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible
for the contents of your transmissions through the Services. You agree not to
use the Services for illegal purposes or for the transmission of material that
is unlawful, defamatory, harassing, libelous, invasive of another's privacy,
abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise
objectionable, offends religious sentiments, promotes racism, contains viruses
or malicious code, or that which infringes or may infringe intellectual
property or other rights of another. You agree not to use the Services for the
transmission of 'junk mail', 'spam', 'chain
letters', 'phishing' or unsolicited mass distribution of email. We reserve
the right to terminate your access to the Services if there are reasonable
grounds to believe that you have used the Services for any illegal or
unauthorized activity.
Inactive
User Accounts Policy
We reserve the right to terminate
unpaid user accounts that are inactive for a continuous period of 120 days. In
the event of such termination, all data associated with such user account will
be deleted. We will provide you prior notice of such termination and option to
back-up your data. The data deletion policy may be implemented with respect to
any or all of the Services. Each Service will be considered an independent and
separate service for the purpose of calculating the period of inactivity. In
other words, activity in one of the Services is not sufficient to keep your
user account in another Service active. In case of accounts with more than one
user, if at least one of the users is active, the account will not be
considered inactive.
Data
Ownership
We respect your right to ownership of
content created or stored by you. You own the content created or stored by you.
Unless specifically permitted by you, your use of the Services does not grant
Sociograph the license to use, reproduce, adapt, modify, publish or distribute
the content created by you or stored in your user account for Sociograph's
commercial, marketing or any similar purpose. But you grant Sociograph
permission to access, copy, distribute, store, transmit, reformat, publicly
display and publicly perform the content of your user account solely as
required for the purpose of providing the Services to you.
Compelled
Disclosure
Sociograph reserves the right at all
times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request.
User
Generated Content
You may transmit or publish content
created by you using any of the Services or otherwise. However, you shall be
solely responsible for such content and the consequences of its transmission or
publication. Any content made public will be publicly accessible through the
internet and may be crawled and indexed by search engines. You are responsible
for ensuring that you do not accidentally make any private content publicly
available. Any content that you may receive from other users of the Services,
is provided to you AS IS for your information and personal use only and you
agree not to use, copy, reproduce, distribute, transmit, broadcast, display,
sell, license or otherwise exploit such content for any purpose, without the
express written consent of the person who owns the rights to such content. In
the course of using any of the Services, if you come across any content with
copyright notice(s) or any copy protection feature(s), you agree not to remove
such copyright notice(s) or disable such copy protection feature(s) as the case
may be. By making any copyrighted/copyrightable content available on any of the
Services you affirm that you have the consent, authorization or permission, as
the case may be from every person who may claim any rights in such content to
make such content available in such manner. Further, by making any content
available in the manner aforementioned, you expressly agree that Sociograph
will have the right to block access to or remove such content made available by
you if Sociograph receives complaints concerning any illegality or infringement
of third party rights in such content. By using any of the Services and
transmitting or publishing any content using such Service, you expressly
consent to determination of questions of illegality or infringement of third
party rights in such content by the agent designated by Sociograph for this
purpose.
For procedure relating to complaints
of illegality or infringement of third party rights in content transmitted or
published using the Services, click (Intellectual Property Rights Policy)
If you wish to protest any blocking
or removal of content by Sociograph, you may do so in the manner provided (Intellectual
Property Rights Policy)
Sample
files and Applications
Sociograph may provide sample files
and applications for the purpose of demonstrating the possibility of using the
Services effectively for specific purposes. The information contained in any
such sample files and applications consists of random data. Sociograph makes no
warranty, either express or implied, as to the accuracy, usefulness,
completeness or reliability of the information or the sample files and
applications.
Third
Party Products
WE DISCLAIM ALL LIABILITY WITH
RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. WE AND OUR LICENSORS SHALL HAVE
NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT
Trademark
Sociograph, Sociograph logo, the
names of individual Services and their logos are trademarks of Sociograph
Solutions Private Limited. You agree not to display or use, in any manner, the
Sociograph trademarks, without Sociograph's prior permission.
Relationship
of the Parties
No joint venture, partnership,
employment, or agency relationship exists between Sociograph and Customer as a
result of the Agreement or use of the Services.
Order
of Precedence
In the event of any conflict between
an Order Form and the terms of this Agreement, the term and conditions of the
Order shall govern and control but solely with respect to the subject matter
thereof.
Disclaimer
of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON
AN AS-IS-AND-AS-AVAILABLE BASIS. SOCIOGRAPH EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOCIOGRAPH MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE
USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE,
WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR
ORAL, OBTAINED BY YOU FROM SOCIOGRAPH, ITS EMPLOYEES OR REPRESENTATIVES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation
of Liability
YOU AGREE THAT SOCIOGRAPH SHALL, IN
NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER
LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF SOCIOGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO
EVENT SHALL SOCIOGRAPH'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE,
WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold
harmless Sociograph, its officers, directors, employees, suppliers, and
affiliates, from and against any losses, damages, fines and expenses (including
attorney's fees and costs) arising out of or relating to any claims that you
have used the Services in violation of another party's rights, in violation of
any law, in violations of any provisions of the Terms, or any other claim
related to your use of the Services, except where such use is authorized by
Sociograph.
Arbitration
Any controversy or claim arising out
of or relating to the Terms shall be settled by binding arbitration in
accordance with the commercial arbitration rules in accordance with the laws of
the State of Karnataka, India. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The parties agree
that any litigation brought under or in connection with this Agreement will be
brought in the courts of competent jurisdiction located in the Bangalore
District of Karnataka. In any action or proceeding to enforce rights under the
Agreement, the prevailing party will be entitled to recover costs and
attorneys' fees.
The decision of the arbitrator shall
be final and unappealable. Notwithstanding anything to the contrary, Sociograph
may at any time seek injunctions or other forms of equitable relief from any
court of competent jurisdiction.
Force
Majeure
Neither party shall be responsible
for failure or delay of performance if caused by an act of war, hostility, or
sabotage; act of God; electrical, internet, or telecommunication outage that is
not caused by the obligated party; government restrictions (including the
denial or cancellation of any export or other license); or other event outside
the reasonable control of the obligated party. Each party will use reasonable
efforts to mitigate the effect of a force majeure event.
Contracting
Entity
The Legal Entity behind Sociograph
entering into this Agreement is Sociograph Solutions Private Limited,
307/6, 3rd Cross, Venkatapura, Koramangala 1st Block, Bangalore 560034.
ANTI
CORRUPTION:
You agree that You have not received
or been offered any illegal or improper bribe, kickback, payment, gift, or
thing of value from any of Our employees or agents in connection with this
Agreement. Reasonable gifts and entertainment provided in the ordinary course
of business do not violate the above restriction. If You learn of any violation
of the above restriction, You will use reasonable efforts to promptly notify
Our Legal Department at info@sociographsolutions.in
Suspension
and Termination
We may suspend your user account or
temporarily disable access to whole or part of any Service in the event of any
suspected illegal activity, extended periods of inactivity or requests by law
enforcement or other government agencies. Objections to suspension or disabling
of user accounts should be made to info@sociographsolutions.in within
thirty days of being notified about the suspension. We may terminate a
suspended or disabled user account after thirty days. We will also terminate
your user account on your request.
In addition, we reserve the right to
terminate your user account and deny the Services upon reasonable belief that
you have violated the Terms and to terminate your access to any Beta Service in
case of unexpected technical issues or discontinuation of the Beta Service. You
have the right to terminate your user account if Sociograph breaches its
obligations under these Terms and in such event, you will be entitled to
prorated refund of any prepaid fees. Termination of user account will include
denial of access to all Services, deletion of information in your user account
such as your email address and password and deletion of all data in your user
account.
END OF
TERMS OF SERVICE
If you have any questions or concerns
regarding this Agreement, please contact us at info@sociographsolutions.in.