Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND JUMPSTART INNOVATION PVT LTD. (hereinafter “Jumpstart”) GOVERNING YOUR USE OF JUMPSTART’S SUITE OF DATA AND CUSTOMER RELATIONSHIP MANAGEMENT SOFTWARE.This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
1. Acceptance of the Terms
2. Description of Service
We provide an array of services for data management and customer relationship management ("Service" or "Services"). You may connect to the Services using any Internet browser, computers, or mobile devices supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
3. User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Jumpstart has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Jumpstart may terminate your user account and refuse current or future use of any or all of the Services.
4. Personal Information and Privacy
5. Communications from Jumpstart
The Service may include certain communications from Jumpstart, 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.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Jumpstart in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Jumpstart to the complainant.
7. Fees and Payments
The Services are available under subscription plans of various durations and fees. Your user account will remain active as long as you continue making payments for your subscription plan. All payments are non-refundable, unless approved by Jumpstart on its sole discretion. 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.
8. 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) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (iv) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Jumpstart; (v) violate any applicable local, state, national or international law; and (vi) create a false identity to mislead any person as to the identity or origin of any communication.
9. 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, libellous, 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 or SMS", "spam", "chain letters", “phishing” or unsolicited mass distribution of email or SMS. 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 unauthorised activity.
10. Using the Jumpstart services requires communication via SMS (short messaging service).
You are responsible for any fees and costs for accessing the System or Services from a mobile device as charged by the mobile device service provider. You also agree that you are fully aware of and well conversant with the "Telecom Commercial Communications Customer Preference Regulations 2010" issued by the Telecom Regulatory Authority of India with respect to Unsolicited Commercial Communication ("UCC Regulations"). You further agree that you are also fully aware of & well conversant with the implications for the violations of the UCC Regulations including the penal and financial related actions against the violation of the UCC Regulations. For avoidance of doubt, you understand that the penalty schedule for breach of the UCC regulation is as follows
Complaint Number Penalty (in INR)
1st Complaint 25,000
2nd Complaint 75,000
3rd Complaint 80,000
4th Complaint 120,000
5th Complaint 150,000
6th Complaint 250,000
You also agree to abide by the said UCC Regulations and you are liable for any breach of the UCC Regulations by you, your directors, employees, agents, sub-agents, and/or any person acting on your behalf for any punitive action for violation of the said UCC Regulations. You also agree to indemnify and always keep indemnified Jumpstart, their directors, officers and employees for any loss or damage suffered by them on account of any breach or violation of the UCC Regulations by you, your directors, employees, agents, sub-agents, and/or any person acting on your behalf.
Inactive User Accounts Policy
We reserve the right to terminate unpaid accounts that are inactive for a continuous period of 30 days.
You can add, create, edit or store content in your user account. By agreeing to the Terms, you provide Jumpstart the license to store, use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account (the “User’s Data”) for Jumpstart’s commercial, marketing or any similar purpose. You also grant Jumpstart 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.
User Generated Content
You, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, ownership or right to use of all User’s Data, and Jumpstart shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User’s Data. You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Jumpstart will have the right to block access to or remove such content made available by you if Jumpstart receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Jumpstart for this purpose.
Sample files and Applications
Jumpstart 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. Jumpstart makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
You agree that all of Jumpstart's trademarks, trade names, service marks, and other logos and brand features, including "Jumpstart", displayed on the System ("Marks") are trademarks and the property of Jumpstart. You agree not to display or use Jumpstart's Marks in any manner without Jumpstart's prior permission.
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. JUMPSTART 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. JUMPSTART 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 JUMPSTART, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT JUMPSTART 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 JUMPSTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL JUMPSTART’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE PAST 3 MONTHS.
You agree to indemnify and hold harmless Jumpstart, 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 Jumpstart.
Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, Jumpstart reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however the parties in good faith will attempt to bind by the decision.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Mumbai, India.
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 email@example.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 to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Jumpstart 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, and deletion of information in your user account such as your email address and password.
Additional Terms for Mobile Applications
Any mobile application published by Jumpstart on Google PlayStore or Apple App Store is the sole property of Jumpstart. Jumpstart reserves the right to disable, unpublish, republish, or remove any mobile application from Google Play Store or Apple App Store at its sole discretion.
Additional Terms for Facebook and other Third Party Sites
Unless informed in writing by you, you a) agree that Jumpstart may create content on your behalf on Facebook or other third party sites for commercial or marketing purposes, b) grant Jumpstart the license to store, use, reproduce, adapt, modify, publish or distribute said content.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org