This document is an electronic record and is generated by a computer system and does not require any physical or digital signatures.
By electronic execution of the Service Order and accessing and using the Company Platform (as defined below) and Services (as defined below), you are agreeing to these terms of service (hereinafter referred to as “Terms of Service” or “ToS”) and concluding a legally binding contract with EasyCart.
Hereinafter each of the entities mentioned above shall individually be referred to as “Company” or “We” or “Us” or “Our” or “EasyCart” as the context may require and permit.
For the purpose of this ToS (as defined below), the Company and you may individually be referred to as a “Party” and collectively as “Parties”.
EasyCart has developed a proprietary interactive AI-Powered platform (“Company Platform”), which provides multichannel conversational eCommerce engagement automation services including but not limited to product exploration, customer support, sales and marketing and responses to FAQs (to be referred to as “Services” as particularly detailed under each Service Order (as defined below) executed between the Parties.
If you do not agree to be bound by all the conditions/terms enlisted in this ToS and the Service Order, please refrain from using the Platform and the Services.
Please note that any terms herein which are capitalised but have not been defined under this ToS, the same shall have the meaning ascribed to it under the Service Order, executed between you and the Company. UPDATION OF TOS Your use of the Platform and the Services is subject to your adherence and compliance with these ToS, which may be updated, amended, modified or revised by the EasyCart from time to time with or without notice to you. Your continued use of the Platform and the Services on and after any update, amendment, modification or revision shall mean your agreement with the same. It is important for you to refer to these ToS from time to time to make sure that you are aware of any revisions, amendments or modifications.
Your use of the Platform and the Services is subject to your adherence and compliance with these ToS, which may be updated, amended, modified or revised by the EasyCart from time to time with or without notice to you. Your continued use of the Platform and the Services on and after any update, amendment, modification or revision shall mean your agreement with the same. It is important for you to refer to these ToS from time to time to make sure that you are aware of any revisions, amendments or modifications.
The Company shall provide you the Services in accordance with the terms and conditions of the Service Order and the ToS. The particulars of the Services being purchased by you from the Company shall be detailed and specified in the subscription of choice. All subscription plans shall be subject to and shall be governed by the terms and conditions of this Terms of Service.
In case the Services and the Company Platform are being integrated with any third-party platforms or software by you including but not limited to any social media platforms/interactive platforms then such integration shall be subject to terms and conditions of such third-party platforms. In such case the Company’s liability shall only be restricted to integration of its Services and the Company Platform and the Company shall not be liable in case such third party platform restricts such integration or adversely affects the performance, uptime and efficiency of the Company Platform and Services. Further, it shall be your liability and responsibility to comply with the terms and conditions of all such third-party platforms.
Grant of license by the Company
Subject to your continuing compliance with the terms and conditions of this Terms of Service, the Company hereby grants you, a limited, non-exclusive, non-transferrable, non-sublicensable, non-assignable, revocable and royalty free license to use and access the Company Platform for the limited purpose of availing the Services.
Restrictions and Limitation in relation to License
Your use of the Company Platform as contemplated under this Terms of Service and the Service Order shall be subject to the following conditions:
The Services shall be available 99.9% of the time during the Term, measured monthly, and scheduled maintenance.
The Company or any other EasyCart entity will support the Customer via electronic mail, with the exclusion of national holidays. Customer may initiate a support request during Support Hours by email@example.com. or creating a ticket on our helpdesk. EasyCart shall respond to each request as soon as possible.
The Company will provide you and your Authorized Users with Access Credentials to access and use the Company Platform, and you hereby agree and acknowledge that only the Authorized Users shall use and access the Company Platform only by using the Access Credentials. It is your responsibility and obligation to safeguard the Access Credentials and not allow any third party to access and use the Company Platform.
You may, through the Company Platform access the Services being provided by the Company. The Company reserves all the rights to modify and alter the Company Platform provided to you without taking a prior approval from you. The Company will ensure that such modification will not directly or indirectly hinder or adversely affect the Services being provided to you.
You grant the Company a limited, worldwide, transferable (limited as indicated herein), non-exclusive, sublicensable (limited as indicated herein), royalty-free license during the Term to use, reproduce, electronically distribute, transmit, perform functions on, display, store, archive, and make derivative works of the Data solely in order to enable the Company to make the Company Platform and Service available for your use pursuant to this Terms of Service and the Service Order. Notwithstanding anything to the contrary, Company may collect, aggregate and analyze the Data to improve and enhance the Services and for any such other purposes which may be beneficial for the Services. The Company shall solely disclose the Data in an aggregated and in personally unidentifiable form. You hereby explicitly acknowledge and agree that the license granted to the Company to access and use the Data also entitles the Company to sub-license and transfer the Data only to EasyCart to use, reproduce, electronically distribute, transmit, perform functions on, display, store, archive, and make derivative works of the Data solely in order to enable the Company to make the Company Platform and Services available for your use pursuant to this Terms of Service and the Service Order. Please note that during the Term of the Service Order, the Company shall solely be responsible and liable under this ToS, including for any actions and inactions of EasyCart.
You hereby agree and acknowledge that the Services provided by the Company under this Terms of Service and the Service Order are directly related and dependent on the Data provided by you or the Data received by the Company through Customer’s Platform and/or Customer APIs.
You shall be solely liable for (i) the accuracy, quality, content, legality and use of the Data, including the means by which you have acquired and transferred such Data to the Company; and (ii) compliance with any Applicable Law.
During the Term, you will remain the owner of the Data. Company hereby agrees and acknowledges that any rights, titles and interest, including any Intellectual Property Rights in and to the Data, shall solely vest with you.
You acknowledge that the responsibility for all the Data provided by you to the Company for provision of Services, shall be your sole and exclusive responsibility including but not limited to in case of data breaches, hacks, DOS (denial of services) attacks, trojan or malware issues or any other kind of cyber threats or attacks caused at your end and not due to the fault of the Company.
By submitting your information you provide your consent to contact you via SMS, Phone, Email, WhatsApp, and other mediums as necessary.
The Company will ensure that EasyCart, use reasonable efforts to maintain the privacy and confidentiality of the End User Data and will put in place reasonable safeguard and system for the same including physical, technical, administrative, and organizational safeguards and in doing so, shall observe compliance with Applicable Laws.
You shall provide the Company with:
You acknowledge and agree that you do not own any Intellectual Property Rights in the Company Platform and the Services. Except as expressly stated under this Terms of Service and/or the Service Order, the Company and/or any other company forming part of the EasyCart does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Company Platform, Services or any ancillary software, services or documents provided by the Company as part of the Services to you.
You shall not own any Intellectual Property Rights in the Customization or any other changed, adapted and revised version of the Company Platform and shall have no right, interest and title to all product design, code, changes that the EasyCart may introduce to the Company Platform during the Term.
You shall pay to the Company a fee for the Services provided. Fees payable to the Company must be paid by you in accordance with your selected plan.
This Terms of Service shall be governed by governing law as may be mentioned under the Service Order. Further any dispute arising out of, or in connection with, this ToS shall be resolved between the Parties as per the specific dispute resolution provisions mentioned under the Service Order, which are hereby included in this Terms of Service by reference.
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