cardbyte ai PRIVATE LIMITED
CARDBYTE AI PRIVATE LIMITED
TERMS OF SERVICES
1. Introduction
These Terms of Services set out the terms and conditions in connection with use of cloud-based contact management services (“Services”) rendered by Cardbyte AI Private Limited (“CAPL”) and governs your access to and use of our Services. These Terms of Services applies to all of our “CardByte”application, services, features, and website, unless specified otherwise.
For the purposes of this Terms of Service, “we”, “us” and “our” also refers to CAPL, and “you” refers to you, the user of the Services.
2. Applicability
These Terms of Services will apply to you if you reside outside the European Union (EU), European Economic Area (EEA) and Switzerland (“Europe”). If you reside in Europe, please note that we currently do not provide services to European users, and you may choose to log out.
3. Acceptance
By installing, accessing, signing, and using our Services through a mobile device/website, you accept our Terms of Services, and agree not to:
a. use our Service to send spam or scam users;
b. promote violence on publicly viewable CAPL channels, bots, etc.; c. post illegal pornographic content on publicly viewable on SSLP channels, bots, etc.
4. Amendment / Update
CAPL reserves the right to update and change these Terms of Service from time to time without notice, effective immediately, by posting the updated Terms of Service on the CAPL mobile application/website.
5. Acceptance of Terms of Service
Your continued use/access of the Services after the revision date of any such changes in the Terms of Service shall constitute consent to such changes. You agree to review the Terms of Services 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 of Services.
By accessing or using the Services, you do hereby warrant and represent that you have read, understand, and agree to all terms and conditions stated in this Terms of Services. If you do not agree with or you are not comfortable with any aspect/term/condition of this Terms of Services, you should immediately discontinue access or use of our Services.
6. Use of Services
You may use the Services only if you agree to form a binding contract with CAPL and are not a person barred from receiving services under the Indian Contract Act, 1872 (“Act”).
If you are accepting these Terms of Services and using the Services individually or on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words ‘you’ and ‘your’ as used in these Terms shall refer to such entity.
7. Personal Data/Information Privacy
Our Privacy Policy describes how CAPL handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of the personal data/information for storage, processing and use by CAPL and the third parties.
Notwithstanding anything to the contrary, the CAPL will process all personal data strictly in accordance with the applicable laws. For the purposes of this Agreement, “Personal Data” and “processing” shall have the meaning as given under the Privacy Policy of the Company.
CAPL is firmly committed to the security and protection of the Personal Data / Information of our Users and Services. The CAPL Privacy Policy describes how we collect, use, share and process Personal Information and you acknowledge and agree that CAPL may collect, use, share and process Personal Data / Information as described therein.
8. Content on the Services
You are responsible for your use of the Services and for any personal data/information you provide, including compliance with applicable laws, rules, and regulations. You should only provide the Personal Data/information that you are comfortable sharing with others.
You accept that any use or reliance on any personal data/information via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such Personal Data, Contact Data/information or communications posted via the Services or endorse any opinions expressed via the Services.
You understand that we may not monitor or control the Personal Data/information shared by you via the Services and, we cannot take responsibility for such Personal Data/information.
9. Using the Services
Please review the Privacy Policy which are part of this Terms of Services. You may use the Services only in compliance with these Terms of Services and all applicable laws, rules, and regulations.
Our Services evolve constantly and as such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to render/distribute any Services, suspend, or terminate users, and reclaim usernames without liability to you.
You agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services:
i. access, tamper with, or use non-public areas of the Services, CAPL’s computer systems, or the technical delivery systems of CAPL’s third party;
ii. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
iii. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CAPL (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CAPL;
iv. forge any Transmission Control Protocol (TCP) packet header or any part of the header information in any email or posting, or in any way use the Services to send altered deceptive or false source-identifying information;
v. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any Personal Data / Contact Data and information as we reasonably believe is necessary to
i. effectively provide our Services;
ii. satisfy any applicable law, regulation, legal process, or governmental request;
iii. enforce the Terms of Service, including investigation of potential violations hereof;
iv. detect, prevent, or otherwise address fraud, security, or technical issues, v. respond to user support requests, or
vi. protect the rights, property, or safety of CAPL, its users and the public. CAPL does not disclose Personal Data/information to third parties except in accordance with our Privacy Policy.
10. Personal Data / Information
CAPL is firmly committed to the security and protection of Personal Data / Information of our Users and the Services. The CAPL Privacy Policy describes how we collect, use, share and process Personal Information and you acknowledge and agree that CAPL may collect, use, share and process Personal Data / Information as described therein.
11. Grant of Rights
Except as otherwise agreed separately in writing between us or as set forth in any specific agreement and subject to your compliance with these Terms of Services at all times, CAPL grants you a personal, non-exclusive, non-transferable, and limited right to use the Services for your own personal, non-commercial use. You are not allowed to use the CAPL Services on any device that you do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the CAPL software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms of Services or may be permitted by the licensing terms governing use of any open source components included in the CAPL software applications).
You are not granted any right to use CAPL’s name, trademarks, or other commercial symbols. All rights not expressly granted to you under these Terms of Services shall be retained by CAPL.
In case you wish to use any part of the Services as a part of your own application or modify any part of the Services, such use is subject to CAPL’s prior written approval and that you enter into a separate license agreement with CAPL.
12. Support
CAPL strives to provide adequate and efficient technical support, upgrades, and updates for the Services. CAPL shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms of Services and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.
13. User Obligations & Restrictions
You guarantee that any information and other content, such as your profile information and Personal Data / Information regarding the contacts contained in your device’s phone book, that you may share with CAPL as a User of the Services (together “Content”), to the best of your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with CAPL in order for CAPL to provide the Services and share the Content with other Users.
Except as otherwise agreed separately in writing between us you shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge CAPL's rights in, or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms of Services.
You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.
Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third-party information accessible via the Services, is strictly prohibited.
You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by CAPL, other Users or third parties. You agree not to
exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and you acknowledge and agree that CAPL is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.
Notwithstanding any other remedies available to CAPL, you agree that CAPL may suspend or terminate your use of the Services without notice if you use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms of Services.
14. Proprietary Rights
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. CAPL and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed to You except as contemplated herein.
15. Third Party Content
The Services may contain links to external content provided by third party websites and services. Such third-party content, websites and services may be subject to the respective third-party terms and conditions and CAPL will not be liable for any such third-party content, websites, or services.
16. Disclaimer of Warranties
To the maximum extent permitted by applicable law, CAPL makes no warranty or representation, either express or implied with respect to the Services, their quality, performance, merchantability, fitness for a particular purpose or non-infringement of third party rights. The Services are provided ‘as is’ and you agree that the Services are used at your own risk.
You understand and acknowledge that the Services may be unavailable from time to time and that CAPL will not be liable for your inability to use the Services for whatever reason.
CAPL makes no warranty or representation that the Services are available for use in any particular location. To the extent you choose to access and use the Services, you
do so at your own initiative and are responsible for compliance with any applicable laws in connection with such access and use of the Services.
17. Limitation of Liability
To the maximum extent permitted by applicable law, you expressly agree that CAPL shall in no event be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, data and goodwill, arising out of the use or inability to use the services or the content, even if advised of the possibility of such damages. In particular, and without limitation, CAPL shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the CAPL applications and cease to use the Services.
CAPL shall not be liable for the validity, reliability or correctness of the content and information provided through and in connection with use of the Services. Any use of the content and information obtained through the use of the services shall be at your own discretion and risk.
Nothing in these Terms of Services shall limit or exclude our liability for any liability that mandatorily cannot be limited or excluded by law, including any rights you may have as a consumer under mandatory consumer law.
18. Fees
CAPL reserves the right to charge Fees along with taxes for your use of the Services, as described during the account registration process or when making changes to your account plan (“Subscription”) unless you cancel the Services, in which case you agree to still pay these Fees through the end of the Subscription. You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan.
All fees are, except as otherwise expressly provided herein or as required by applicable law is non-refundable.
CAPL reserves the right, in its sole discretion, to change the published prices without any notice. Furthermore, CAPL 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.
Failure to pay these Fees may result in suspension or termination of your Service or Subscription.
If you purchase a Subscription, it will continue indefinitely until canceled by you. After your initial Subscription commitment period, and again after any subsequent
Subscription period, your Subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, you must do this through your mobile device platform to avoid additional billing. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term, and your Subscription will not be renewed after your then-current term expires.
You acknowledge that you are fully responsible for the internet connection and / or mobile charges that you may incur for using our Services. Please consult your internet carrier, mobile operator, etc. for further information.
19. Indemnification
You agree to defend, indemnify and hold harmless CAPL, 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, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against CAPL by an End User.
20. Governing Law and Jurisdiction
The relationship pursuant to this engagement between you and CAPL shall be governed by laws of India and all claims or disputes arising from or in relation thereto shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction in New Delhi. CAPL reserves the right to refuse, suspend, limit or terminate any Services to you under this terms of Service, in its sole discretion, at any time and for any reason, including, but not limited to, violation of this Terms of Service.
21. Termination
Your right to use the Services continues until these Terms of Services are terminated. CAPL may terminate these Terms of Services and your use of the Services at any time with thirty (30) days’ advance notice.
You may terminate the Terms of Services at any time by uninstalling the CAPL applications and ceasing the use of the Services. These Terms of Services will automatically terminate if you fail to comply with them. Upon any termination, you agree to cease using the Services. Upon termination by you, or by CAPL due to your breach of these Terms of Services, you will not be refunded any Fees or other Prepaid Fees, if any. Upon termination by CAPL without cause, you will be refunded
any unused prepaid Fees upon your written request, provided a receipt of such Fees and a clear payment instruction are included in your request.
Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination and Governing Law shall survive any termination of these Terms of Services.
22. Force-majeure
CAPL 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 change in the policies of IOS Platform provider or government policies. In the event of any such delay, any applicable period of time for action by CAPL may be deferred for a period equal to the time of such delay.
23. Non-solicitation
You may not use the Services to solicit, interfere with, or endeavour to entice away from CAPL any CAPL customer, user, or subscriber.
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 CAPL or by acting as an agent contracted by a third-party to act on its behalf.
If you are interested in becoming a CAPL partner, reseller, or affiliate, we are happy to talk with you. Interested affiliates, please email sales@cardbyte.ai.
24. Additional Terms & Changes
As CAPL provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices and incorporated hereto.
CAPL may change the Services at any time, such as by adding or removing features or discontinuing the Services. CAPL also reserves the right to modify these Terms of Services at any time by providing revised Terms of Services to the User or by publishing the revised Terms of Services within the Services.
25. Contact
If you have any questions about these Terms of Service, please contact us at support@cardbyte.ai.