Terms of Service
This document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
Our contact email address is [email protected]
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
By using the Website/Application, You accept and agree to be bound by
- this Agreement;
- the HIPAA Business Associate Agreement, when applicable;
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
To fully avail the services of the Website/Application and use it, registration is required. Registration for the Website/Application is available only to those above the age of 16, barring those “Incompetent to Contract” which inter alia include insolvents.
Further, at any time during Your use of this Website/Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or the Company has reason to believe You have done so, We hold the right to permanently suspend Your account.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Website/Application; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer. The Parties agree that certain portions of these Terms shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Products & Services offered by Company, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall the right to terminate these Terms, as described in Clause 3 herein above.
Online Platform and Mobile Applications
Sociocs is a tool to help businesses provide better customer care/service using a single window platform/application over all of their social and messaging channels. It aims to save cost and improve productivity of a business while increasing the customer satisfaction. This platform is available to be used directly online using a browser. Platform is also available in the mobile application format which can be downloaded from Google Play store and Apple App store.
We reserve the right to charge for our services. As and when that takes place, use of the Website/Application would be chargeable as per the subscription option selected by you. We may offer a free option for continuation of your account with same or reduced features.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website/Application.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
- You hereby certify that you are at least 16 years of age or of minimum age required to independently enter into an agreement in your jurisdiction.
- Your use of the Website/Application or the site will be solely for purposes that are permitted by this Agreement.
- You will use the platform only for the purpose of responding to customer request or other transnational purposes. You will not use this platform for sending marketing/promotional communication to the customers.
- You agree to provide accurate information about your business, contact person and team members.
- You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website/Application, including, without limitation to, any usage rules set forth in this Agreement.
- You agree that Your use of the Website/Application shall be at your sole risk.
- You are solely responsible for content that You Upload on the Website/Application. You assume all risks associated with use of Your content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your content that makes you or any third party personally identifiable.
- You will not impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity.
- You undertake not to:
- Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
- Access (or attempt to access) the Website/Application and/or the materials or Services by any means other than through the interface that is provided by the Website/Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application is prohibited.
- Use the Website/Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party’s use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
- Use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website/Application or the Services (or the servers and networks which are connected to the Website/Application);
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application, the Application’s Servers and Storage or another’s devices;
- Download any file posted in the Website/Application that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Application or any network connected to the Website/Application, nor breach the security or authentication measures on the Website/Application or any network connected to the Website/Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/Application, or exploit the Website/Application or Service or information made available or offered by or through the Website/Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Application;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, servers or networks connected to or accessible through the Website/Application or any affiliated or linked applications;
- Violate any applicable laws or regulations for the time being in force within or outside your home country;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- threaten the unity, integrity, defense, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Disseminate information through the Website/Application that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or outside your home country;
- Purchase, user, or access the Services for the purpose of building a competitive product or services or for any other competitive purposes.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website/Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website/Application.
- You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website/Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website/Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties
- Except as otherwise expressly stated on the Website, all Products and Services offered on the Website/Application are offered on an “as is” basis without any warranty whatsoever, either express or implied. To the fullest extent permitted by law, the Website/Application, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof.
- The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product or service availed of by the User from the Website/Application.
- The Company does not guarantee that the functions and services contained in the Website/Application will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Service.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Limitation of Liability
You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
- Your use or any Third Party’s use via Your account of the Service provided by the Website/Application and its Content;
- Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
The Company shall not be liable for damages for any delay or failure to perform its obligations here under if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
- Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.