Terms Of Service
‘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 third party 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.
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.
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).
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 firstname.lastname@example.org, 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
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.
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.
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.
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 email@example.com
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.
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.
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
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.
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.
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.
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.
The Legal Entity behind Sociograph entering into this Agreement is Sociograph Solutions Private Limited, 307/6, 3rd Cross, Venkatapura, Koramangala 1st Block, Bangalore 560034.
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 firstname.lastname@example.org
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 email@example.com 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 firstname.lastname@example.org.