(Revision Date: September 20, 2015)
The following terms and conditions, as well as any future modifications (the "Terms") are a contract between you or your company ("you" or "your") and RATNASHREE TECHNOLOGIES, a ChatwayLive ("ChatwayLive," "we," "us," or "our") governing your use, and ChatwayLive's provision, of the Services (as defined below). By using ChatwayLive's software applications, application programming interfaces, ChatwayLive Webhooks, communication services, networks, and websites, including, but not limited to www.ChatwayLive.com, (collectively, the "Services"), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.
You may review the most current version of the Terms at any time on the ChatwayLive website at http://www.ChatwayLive.com/terms.php ("Term Page"). ChatwayLive reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES.
Grant of Limited License
Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, ChatwayLive hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services.Without explicit permission from ChatwayLive, you may not:-
ChatwayLive reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan ("Fees"). You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan.
We will not store any communication or data etc collectively "content" from you or the third party. We are providing you the facility store all the communication on your email account.
ChatwayLive reserves the right, in ChatwayLive's sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Fees for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees and shall not apply to Fees already charged to your account.
Modifications to the Services
ChatwayLive reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. ChatwayLive shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Services (collectively "Content") and for all activity that occurs under your account, whether done so by you or any user of the Service who is chatting with you.
We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be "Offensive Content" as defined below. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content or engages in unacceptable behavior on or through the Services.
We cannot control all Content posted by third parties to the Services. You agree to use the Services at your own risk. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will ChatwayLive be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us at info@ChatwayLive.com.
You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable Content, or Content that violates any of these the Terms ("Offensive Content"). Examples of such Offensive Content include, but are not limited to:
ChatwayLive's Intellectual Property Rights
The Services are protected by copyright, trademark, and other laws of India and foreign countries. Except as expressly provided in the Terms, ChatwayLive, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
ChatwayLive always appreciates your feedback or other suggestions about ChatwayLive, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.
All trademarks, service marks, logos, trade names and any other proprietary designations of ChatwayLive used herein are trademarks or registered trademarks of ChatwayLive. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We take your privacy seriously. The following policy covers ChatwayLive's treatment of information collected through the use of Services, third-party partners ("Partners"), or other reasonable means that may happen through normal interaction with us. The policy does not apply to entities that ChatwayLive does not own or control, or persons that ChatwayLive does not employ or manage. Nevertheless, ChatwayLive will take all reasonable means to maintain your privacy as described below when working with third parties.
Subject to these Terms, in the course of your use of the Services or by communication with us, ChatwayLive or by third-party vendors contracted by us will collect, use, disclose, store, process, and transfer to India and/or other countries the following information (collectively your "Private Information"):
We use your Private Information only to provide the Services to you, to send you notification of updates to the Services, and to send you marketing communications such as email (unless you choose to stop our email newsletter or marketing emails by following the unsubscribe instructions included in these emails). If you provide us personal information about others, or if others give us your information, we will only use that information for the use we described when the information was shared with us.
Do not track signals
As there currently is no fixed standard for do not track signals, we currently do not respond to do not track signals from your web browser.
We also use collected data to compute aggregate metrics such as pages viewed and total number of visitors in order to statistically determine trends and patterns about usage and demographics for the purpose of improving the Services. When aggregating your Private Information, we will take reasonable measures to anonymize your Private Information.
We will take all appropriate legal, organizational, and technical measures to protect the Personal Information, keeping in mind the nature of such data. ChatwayLive shall hold those of its employees with access to personal data accountable for violations of this agreement imposing sanctions, which include, where appropriate, the possibility of termination of contracts and employment.
We may share with third parties non-personal information, public information, and anonymized aggregated data. We may also disclose your Private Information
ChatwayLive shall, upon request and promptly using commercially reasonable efforts, correct, delete, and/or block Private Information from further processing and/or use.
Becoming an example customer
Would you like to be an example customer, write a testimonial, be highlighted in our newsletter or other communications? Let us know. Otherwise, we will not use you as an example or reference customer in our marketing, communications, or promotional material. 100% Service Guarantee
We will respond to your support inquiries within one business day and we will ensure the Services have no unexpected downtime. If you do not believe we met this service level on any day during the period of your paid subscription, notify us by emailing support@ChatwayLive.com within 30 days of the issue and we will credit your subscription back for that day. Cancellation
You are solely responsible for properly cancelling your paid subscription. An email, phone, chat, or written request to cancel your paid subscription is not considered cancellation. You may cancel your paid subscription at any time by clicking on the "billing" link on the dashboard when logged in. The billing page provides a link to cancel your account. The cancellation of your paid subscription will occur at the end of your current paid up period. Termination
ChatwayLive may terminate your account without notice in the event that you breach any of these Terms. your cancellation will take effect immediately and you will not be charged again. In the event of any termination, ChatwayLive will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. ChatwayLive reserves the right to refuse service to anyone for any reason at any time.
ChatwayLive is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription. If ChatwayLive materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, ChatwayLive will refund the proportion of the pre-paid fees attributable to the period after the breach. If you terminate your account in the event of a suspension for more than 5 business days or discontinuance of the Services, you will be entitled to a refund of the proportion of pre-paid fees attributable to the period after termination.
You expressly understand and agree that:
Except as expressly warranted in the terms, all Services are provided "as is" and ChatwayLive hereby disclaims all warranties and conditions with regard to the Services, whether express, implied or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Other than as expressly set in these Terms, ChatwayLive makes no warranty that (i) the Services will meet your requirements or expectations, (ii) that your access to or use of the Services will be uninterrupted, timely, secure or error free, (iii) that any defects in the Services will be corrected.
Limitation of Liability
You expressly understand and agree that ChatwayLive and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ChatwayLive has been advised of the possibility of such damages) in any way relating to or arising from this agreement. In no event shall ChatwayLive or its respective suppliers aggregate liability for direct damages under this agreement exceed the fees paid for the immediately preceding month before the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Please note that downgrading your account may result in the loss of content, features, or capacity of your account. ChatwayLive does not accept any liability for any such losses.
You agree to defend, indemnify and hold harmless ChatwayLive, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms and any claims arising from the content you submit, post, transmit or make available through the Services.
You may not use the Services to solicit, interfere with, or endeavour to entice away from ChatwayLive any ChatwayLive customer, user, or subscriber. You agree to pay ChatwayLive a fee of $2000 per user enticed away with no limit to the maximum liability you owe to ChatwayLive under this paragraph.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of ChatwayLive or by acting as an agent contracted by a third party to act on its behalf.
If you are interested in becoming an ChatwayLive partner, reseller, or affiliate, we are happy to talk with you. Affiliates, please look at the ChatwayLive Partners program. If you have something else in mind, please email sales@ChatwayLive.com or talk to us on live chat.
These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of India. Any disputes arising under this Agreement shall be heard in the state or federal courts in India. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Regardless of the billing cycle, we provide no refunds or credits for unused time of the service or plan downgrades if you decide to close your account before the end of your subscription period. There will be no exceptions in order to treat all users equally and to keep our administrative costs low for the ultimate benefit of our customers. Details for trial license, paid subscription and canceling license are described on the Terms policy .
ChatwayLive shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by ChatwayLive may be deferred for a period equal to the time of such delay.
Integration and Severability
These Terms are the entire agreement between you and ChatwayLive with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ChatwayLive with respect to the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Assignment of Terms
ChatwayLive may assign or transfer the Terms, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices
Any notices or other communications required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Headings for Convenience Only
Headings are for convenience only and have no legal or contractual effect.
If you have any questions about the Terms of Service, please contact us at info@ChatwayLive.com. Copyright ©2015 India.