"INCOX" Terms of Service
This is an Agreement (“Agreement”) between dot2Globe Solutions India Pvt. Ltd., herein (“dot2Globe”), having an office and place of business at Sathyabama University-Technology Business Incubator (SU-TBI), Jeppiaar Nagar, Rajiv Gandhi Salai, Chennai 600119, Tamil Nadu and the entity agreeing to the terms herein (“Participant”, “You”, “you” or “Customer”). By using or accessing any part of the Service, you agree that you have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into this Agreement on behalf of a company, you acknowledge that you have the authority to bind that company to the terms of this Agreement.
1. Description of Service
dot2Globe provides a software as a web service, also referred to as cloud service, named 'INCOX' (herein after referred as “Service” or “Services”) for trial validation by customers who has expressed explicit interest to participate. The service is made available on a self-provisioning mode to customers. The Service is offered and provided subject to the terms and conditions of this Agreement. The Customer shall connect to the Service using web or mobile messenger applications currently supported by the Service. The Customer is responsible for obtaining access to the internet and the equipment necessary to access the service.
2. Modification of Terms of Service
dot2Globe reserves the right to update and change the Terms of Service from time to time; an updated version will be published on our website at http://www.incox.net/Terms-of-service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Terms of Service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://www.incox.net/Terms-of-service.
3. Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; or (iii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service (or) (v) use it for any other purpose which is detrimental otherwise.
4. Payment Terms
- Customers are offered a free trial of the INCOX platform for a duration of 15 days without a credit card
- After 15 days of Trial Period, Customers can continue to use the INCOX platform on a paid subscription using a Credit Card
- Paid Subscription is a flat fee displayed as per the Channel you choose to subscribe
- dot2Globe reserves the right to change the above terms/duration/pricing at its discretion. In such a situation, you will be notified in advance of such a change and willingness is solely at the discretion of the Customer to continue or discontinue with the Service
- In case of any violation of these terms, dot2Globe shall be entitled – without liability – to immediately terminate this contract and bar Customer’s access to the Service.
- dot2Globe does not own any customer data. The Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data.
- You hereby consent that, dot2Globe may identify you as a Customer of the service (using your name and logo) and generally describe the products or services it provides to you in its promotional materials, presentations, media, press releases and proposals to other current and prospective customers.
- Confidential Information of the “Customer” shall mean all business and technological information of Customer and shall include the Customer Data. Confidential Information of “dot2Globe” shall mean the Services other than the Customer Data.
- Confidential Information shall not include any information which is in the public domain (other than through a breach of this agreement), which is independently developed by the recipient or which is received by a third party not under restriction.
- The recipient will not disclose the Confidential Information, except to those employees & third-party vendors who participate in the provision of the Services here-under, who need to know and who have agreed to keep it confidential.
- The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction; provided that the recipient uses commercially reasonable efforts to promptly notify the other party of such disclosure before complying with such order.
- Access to the Service is only available to the Customer and the Users to whom the dot2Globe grants access.
- Usernames and passwords are personal, and are to be considered part of Confidential Information of Customer. The Customer is at all times fully liable for all acts and omissions by Users whom the Customer has granted access and agrees to indemnify dot2Globe for all claims and losses related to such acts and omissions.
- Customer may not use the Service for any illegal or unauthorized purpose. Customer must not, in the use of the Service, violate any laws in customer jurisdiction (including but not limited to copyright laws).
- dot2Globe may make updates to the Service from time to time as per market demands
- Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and dot2Globe owns all Intellectual Property Rights in the Service.
- dot2Globe agrees to defend, indemnify, and hold harmless Customer, its Affiliates, and their respective, officers, directors, employees, agents, representatives and contractors from and against any claims, actions, demands, liabilities and expenses, including, without limitation, damages, other monetary relief, expert fees, costs and reasonable legal fees, alleging or resulting from any claim that the Services infringe upon the intellectual property rights of whatever type or form of any third party.
- dot2Globe is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the Customer provided internet and electronic communications.
- Except as otherwise provided herein, the Service is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchant ability, fitness for a particular purpose or non-infringement.
- dot2Globe takes reasonable care for virus protection and other harmful components; however, given the nature of virus evolution, dot2Globe makes no warranty that the service will be free of viruses or other harmful components.
- dot2Globe makes no warranty that:
- the service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled product upgrade/maintenance); however, when such errors or interruptions occur, dot2Globe will take reasonable efforts to rectify the errors and interruptions;
- any information or advice obtained by the Customer in connection with the usage of the Service for the fitment of its internal business purpose will be accurate or complete.
- the results of using the Service will meet Customer requirements
9. Limitation of Liability
IN NO EVENT SHALL DOT2GLOBE 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 DOT2GLOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DOT2GLOBE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. WHETHER DIRECT OR INDIRECT IS NIL