Terms and Conditions of wappcloud

AGREEMENT TO TERMS

These Terms and Conditions form a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Wappcloud Communications Private Limited, doing business as Wappcloud ("Wappcloud," “we,” “us,” or “our”), regarding your access to and use of the https://wappcloud.com website, as well as any related media forms, media channels, mobile websites, or mobile applications (collectively, the “Site”). We are registered in India with our registered office at G Floor, KCT Tech Park, Forge Factory, 3 Athipalayam Rd, Chinnavedampatti, Coimbatore, Tamil Nadu, India - 641049. By accessing the Site, you confirm that you have read, understood, and agree to be bound by all of these Terms and Conditions, including the User Agreement posted on the Site, which are incorporated into these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms and Conditions as needed. We will notify you of any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure you review the applicable Terms each time you use our Site to understand which Terms apply. By continuing to use the Site after the revised Terms and Conditions are posted, you agree to be bound by and accept the changes.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Therefore, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, where applicable.

The Site is not designed to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use this Site. You may not use the Site in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years old. All users who are minors in their jurisdiction (generally under the age of 18) must have permission from, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, your parent or guardian must read and agree to these Terms and Conditions before you use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless stated otherwise, the Site is our exclusive property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics available on the Site (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos displayed (collectively known as the “Marks”), are owned, controlled, or licensed by us and are safeguarded by copyright, trademark, and other intellectual property laws, including those of the United States, international copyright laws, and global conventions. The Content and Marks are presented on the Site “AS IS” for your information and personal use only. Except as explicitly stated in these Terms and Conditions, no part of the Site, nor any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes without our explicit prior written consent.

As long as you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any part of the Content to which you have legitimate access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you regarding the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Terms and Conditions; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in INR/USD.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

FREE TRIAL

We offer a 7-day free trial to new users who register with the Site. The account will not be charged, and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

CANCELLATION

You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at [email protected] or call us at +9178455 68743

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or

similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.

USER GENERATED CONTRIBUTIONS

The Site may allow you to contribute to blogs, message boards, forums, and other functionalities by creating, submitting, posting, or sharing content, including text, videos, audio, photos, and personal information (collectively, "Contributions"). These Contributions might be visible to other users and third-party websites, and as such, may be considered non-confidential and non-proprietary.

When you make any Contributions, you represent and warrant that:

  • Your Contributions do not infringe on any third-party rights, including copyrights, patents, trademarks, or moral rights.
  • You own or have the necessary rights and permissions to use and authorize others to use your Contributions as intended.
  • You have obtained consent from identifiable individuals in your Contributions to use their name or likeness.
  • Your Contributions are not false, misleading, or unsolicited advertising, and do not constitute pyramid schemes, spam, or other forms of solicitation.
  • Your Contributions are not obscene, harassing, libelous, or objectionable, and do not ridicule or abuse anyone.
  • Your Contributions do not harass, threaten, or promote violence against individuals or groups.
  • Your Contributions comply with all applicable laws and do not violate privacy rights, child protection laws, or include offensive comments related to race, gender, or other protected characteristics.
  • Your Contributions do not violate any laws or Terms and Conditions.

Violating these guidelines may lead to termination or suspension of your rights to use the Site.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or linking your social media accounts to the Site, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, including commercial and advertising, and to prepare derivative works or incorporate your Contributions into other works. This license applies to any form, media, or technology now known or hereafter developed, and includes the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and warrant that moral rights have not otherwise been asserted.

We do not claim ownership over your Contributions. You retain full ownership of your Contributions and any associated intellectual property rights. We are not liable for any statements or representations made in your Contributions. You are solely responsible for your Contributions and agree to hold us harmless from any liability or legal action related to your Contributions.

We reserve the right, at our sole discretion, to edit, redact, or change any Contributions; re-categorize Contributions to more appropriate locations on the Site; and pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. GUIDELINES FOR REVIEWS

If we provide areas on the Site for reviews or ratings, you must comply with the following criteria:

  • Have firsthand experience with the person/entity being reviewed.
  • Avoid offensive profanity, or abusive, racist, or hate language.
  • Exclude discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  • Avoid references to illegal activity.
  • Refrain from affiliating with competitors when posting negative reviews.
  • Avoid making legal conclusions about conduct.
  • Do not post false or misleading statements.
  • Do not organize campaigns encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion and have no obligation to screen or delete reviews. Reviews do not necessarily reflect our opinions or those of our affiliates or partners. We are not liable for any review or for any claims, liabilities, or losses resulting from reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and distribute all content related to reviews.

MOBILE APPLICATION LICENSE

Use License

If you use the Site via a mobile app, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the app on your devices and access it according to these Terms. You must not:

  1. Decompile, reverse engineer, disassemble, or decrypt the app.
  2. Modify, adapt, or create derivative works from the app.
  3. Violate laws while using the app.
  4. Remove or alter any proprietary notices on the app.
  5. Use the app for commercial purposes not intended by us.
  6. Make the app accessible to multiple devices or users simultaneously.
  7. Use the app to develop competing products or services.
  8. Send automated queries or unsolicited emails using the app.
  9. Use our proprietary info or interfaces to develop competing apps or accessories.

Apple and Android Devices

For apps from Apple Store or Google Play:

  1. Use the app only on Apple iOS or Android devices and follow the App Distributor's terms.
  2. We handle maintenance and support; App Distributors do not.
  3. If the app fails to meet warranty terms, you can request a refund from the App Distributor.
  4. You are not in an embargoed country or on a restricted list.
  5. Comply with third-party terms when using the app.
  6. App Distributors are third-party beneficiaries of these terms and can enforce them.

SOCIAL MEDIA

By linking your account with Third-Party Accounts:

  1. You confirm you can share login info with us without breaching any terms or incurring fees.
  2. We may access, store, and display content from your Third-Party Accounts.
  3. We may receive and send information to/from your Third-Party Accounts.
  4. If a Third-Party Account becomes unavailable, your Social Network Content might not be accessible.
  5. You can disconnect Third-Party Accounts anytime.
  6. We are not responsible for Social Network Content or your relationship with Third-Party service providers.

SUBMISSIONS

Any feedback or ideas you provide:

  1. Become our sole property and we can use them without acknowledgment or compensation.
  2. Are original or you have the right to submit them.
  3. You waive all moral rights and accept no recourse against us for their use.

THIRD-PARTY WEBSITES AND CONTENT

The Site may link to Third-Party Websites or content:

  1. We are not responsible for their accuracy, legality, or policies.
  2. Inclusion or links do not imply endorsement.
  3. Use such sites at your own risk, and we’re not liable for purchases or interactions with them.

U.S. GOVERNMENT RIGHTS

Our services are:

  1. Subject to FAR 12.212 for non-DOD agencies.
  2. Subject to DFARS 227.7202-3 for DOD agencies.
  3. DFARS 252.227-7015 applies to technical data acquired by the DOD.

SITE MANAGEMENT

We reserve the right to:

  1. Monitor the Site for violations of Terms and Conditions.
  2. Take legal action against violators, including reporting to authorities.
  3. Limit or disable your Contributions or access as needed.
  4. Remove excessive files or content from the Site.
  5. Manage the Site to protect our rights and ensure proper functionality.

PRIVACY POLICY

We value your privacy. Review our Privacy Policy here: Privacy Policy. By using the Site, you agree to this policy, which is part of these Terms and Conditions. The Site is hosted in India. If you access it from other regions, your data will be transferred and processed in India. We do not knowingly collect or market to children under 13. If we learn that we have collected personal information from a child under 13 without parental consent, we will delete it promptly.

COPYRIGHT INFRINGEMENTS

We respect intellectual property rights. If you believe our Site contains infringing material, notify us immediately (a “Notification”). We will forward your Notification to the responsible party. Be aware that false claims may result in liability. If unsure, consult an attorney before contacting us.

TERM AND TERMINATION

These Terms remain effective while you use the Site. We can, at our discretion and without notice, deny access or use of the Site, block IP addresses, or terminate accounts for any reason, including breaches of Terms or applicable laws. If your account is terminated, you cannot create a new one under any name, even on behalf of others. We may also pursue legal action as needed.

MODIFICATIONS AND INTERRUPTIONS

We may change, modify Site content at our discretion without notice. There is no obligation to update information.We are not liable for any modifications or interruptions, including downtime or maintenance, and are not obligated to support or update the Site.

GOVERNING LAW

These Terms are governed by Indian law. Both wappcloud Communications Private Limited and you agree that any disputes will be resolved in the courts of India.

DISPUTE RESOLUTION

Informal Negotiations

To resolve any dispute related to these Terms and Conditions, you and wappcloud agree to first attempt informal negotiations for at least fifteen (15) days before initiating arbitration. These negotiations start upon written notice from one party to the other.

Binding Arbitration

Disputes arising out of or related to these Terms will be resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels, Avenue Louise, 146) following its rules. The arbitration will take place in Coimbatore, India, in English. Indian law governs this contract.

Restrictions

Arbitration is limited to individual disputes. Class actions or representative actions are not permitted.

Exceptions

Disputes involving intellectual property rights, theft, privacy invasion, or requests for injunctive relief are not subject to arbitration. If this provision is found illegal, disputes will be resolved in courts within the jurisdiction mentioned.

CORRECTIONS

We reserve the right to correct any errors on the Site and update information without prior notice.

DISCLAIMER

The Site is provided "as-is" and "as-available." We disclaim all warranties to the fullest extent permitted by law, including implied warranties of merchantability and fitness for a particular purpose. We are not liable for any errors, damages, or interruptions related to the Site or third-party products and services advertised through it.

LIMITATIONS OF LIABILITY

We are not liable for any direct, indirect, or consequential damages arising from your use of the Site. Our liability is limited to the lesser of the amount you paid us in the two (2) months prior to the claim or $20.00 USD. Some laws may not allow limitations on damages, and this section may not apply to you.

INDEMNIFICATION

You agree to indemnify wappcloud and its affiliates against any claims arising from your use of the Site, breach of these Terms, or violations of third-party rights. We may assume the defense of any claim at your expense and you agree to cooperate.

USER DATA

You are responsible for all data you transmit to the Site. We are not liable for any loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Site and communicating electronically with us, you consent to receive electronic communications and agree that they meet legal writing requirements. You waive any rights requiring non-electronic records or signatures.

MISCELLANEOUS

These Terms constitute the entire agreement between you and wappcloud. Our failure to enforce any provision does not waive our rights. We may assign our rights and obligations and are not liable for losses caused by factors beyond our control. If any provision is deemed unenforceable, it will not affect the remaining provisions. There is no joint venture or agency relationship between us. You waive any defenses based on the electronic form of these Terms.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at [email protected]