This is an agreement between you or the entity that you represent hereinafter ‘You’ or ‘Your’ and Voiceback Analytics Private Limited (hereinafter referred to as ‘Voiceback Analytics’) governing your use of Voiceback Analytics’ 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.

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, Sales Order Management, Deep data Analytics. 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.

NEW FEATURES

Voiceback Analytics 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 Voiceback Analytics application subscription without additional payment.

MODIFICATION OF TERMS OF SERVICE

We periodically update these terms and we will let you know 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.

PERSONAL INFORMATION AND PRIVACY

Personal information you provide to Voiceback Analytics through the Service is governed by Voiceback Analytics Privacy Policy which is hosted separately on the website.

COMMUNICATIONS FROM VOICEBACK ANALYTICS

The Service may include certain communications from Voiceback Analytics, 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.

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 by email. 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. Voiceback Analytics will, at its discretion 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 Voiceback Analytics 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 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 Voiceback Analytics 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 Voiceback Analytics 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@voicebackanalytics.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 Voiceback Analytics’ 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 Voiceback Analytics 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 Voiceback Analytics 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 Voiceback Analytics 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 Voiceback Analytics 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 Voiceback Analytics; (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 Voiceback Analytics the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Voiceback Analytics’ commercial, marketing or any similar purpose. But you grant Voiceback Analytics 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

Voiceback Analytics reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

SAMPLE FILES AND APPLICATIONS

Voiceback Analytics 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. Voiceback Analytics 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

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. VOICEBACK ANALYTICS 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. VOICEBACK ANALYTICS 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 VOICEBACK ANALYTICS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITY

YOU AGREE THAT VOICEBACK ANALYTICS 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 VOICEBACK ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL VOICEBACK ANALYTICS’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 Voiceback Analytics, 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 Voiceback Analytics.

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, Voiceback Analytics 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.

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@voicebackanalytics.com.

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@voicebackanalytics.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. You have the right to terminate your user account if Voiceback Analytics 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@voicebackanalytics.com

CANCELLATION/REFUND:

We are in the business of selling services and our services are not refundable. We are selling the license to use our products and once sold cannot be taken back. In case on customization request and specific needs not being met during the course of the license use , the work to improvise the service shall be taken up.