- THIS IS AN AGREEMENT BETWEEN “YOU” [THE USER] OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” OR “YOUR”) AND The Wingshield.COM (HEREINAFTER “The Wingshield”) GOVERNING YOUR USE OF The Wingshield CRM + ERP FOR ONLINE BUSINESS AND COLLABORATION.
Parts of this Agreement:-
- This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to the use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as “Terms”. In the event of a conflict between General Terms and Service Specific Terms, Service Specific Terms shall prevail.
Acceptance of the Terms:-
- You must be of legal age to enter into a binding agreement to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you do not agree to any Specific Service Terms, do not use the corresponding Service. You can accept the Terms by checking on the corresponding check box or clicking on a button indicating your acceptance of the Terms or by actually using the Services.
Description of Service:-
- The Wingshield provides an array of services for online collaboration and management including lead management, leave management, project management, customer relationship management, etc. (“Service” or “Services''). You may use the Services for your personal use or for business use (internal business purpose) in the organization that you represent. You may connect to the service using any internet browser that the Service supports. You are responsible for obtaining access to the internet and the equipment/manpower necessary to use the Service. You can create and edit content with your user account and if you choose to do so, publish and share such content.
Subscription to Beta Services:-
- The Wingshield may offer, at any time, certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for testing and evaluation. You agree that we have the sole authority and discretion to determine the period for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial Services. You will be under no obligation to acquire a subscription to use any Paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that The Wingshield will not be liable to you or any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service:-
- The Wingshield may modify the Terms upon notice to you at any time through a service announcement or by sending an email to your Primary Email Address. If we make any significant changes to the Terms that affect your rights, you will be provided with at least 30 days' advance notice of the changes by email to your Primary Email Address. You may terminate your use of the Service by providing The Wingshield notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any changes to the Terms will be deemed to be your agreement to the modified Terms.
User Sign Up Obligations:-
You need to sign up for a user account by providing all the required information to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to:
- Provide true, accurate, current, and complete information about yourself as prompted by the sign-up process;
- Maintain and promptly update the information provided during signup to keep it true, accurate, current, and complete.
- If you provide any information that is untrue, inaccurate, outdated, and incomplete, or if The Wingshield has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, and incomplete, The Wingshield may terminate your user account and refuse current or future use of any or all the Services.
Organization Accounts and Administrators:-
- When you sign up for an account for your organization, you may add one or more administrators. The Administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, such a third party has likely assumed an administrator role for your organization. Make sure that you enter into a suitable agreement with such a third party specifying such party’s role and restrictions as an administrator of your organization account.
- You are responsible for:
- Ensuring the confidentiality of your organization account password
- Ensuring that all activities that occur in connection with your organization account comply with this Agreement.
- Ensuring that all activities that occur in connection with your organization account comply with this Agreement.
- You understand that The Wingshield is not responsible for account administration and internal management of the Services for you.
- You are responsible for taking the necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such a loss of control of the administrator accounts by sending an email to firstname.lastname@example.org that the process is acceptable to The Wingshield. In the absence of any specified administrator account recovery process, The Wingshield may provide control of an administrator account to an individual providing proof satisfactory to The Wingshield demonstrating authorization to act on behalf of the organization. You agree not to hold The Wingshield liable for the consequences of any action taken by The Wingshield in good faith in this regard.
Personal Information and Privacy:-
Communications from The Wingshield:-
- The Service may include certain communications from The Wingshield, such as service announcements, administrative messages, and newsletters. You understand that these communications shall all 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 concerning your activities as part of the use of the Services, we will forward the complaint to the Primary Email Address of your user account. You must respond to the complaint directly within 10 days of receiving the complaint forwarded by us and copy The Wingshield in the communication. If you do not respond to the complaint 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 the disclosure of your name and contact information by The Wingshield to the complainant.
Fees and Payments:-
- The Services are available under subscription plans of various durations. Payments for subscription plans of duration less than a year are not available. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days before the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized The Wingshield to charge the subscription fee to the Credit Card / Debit Card last used by you. Please click here to know more about our Refund Policy.
- 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 current billing cycle. You will not be charged for anything unless you have opted for a paid subscription plan.
Restriction on Use:-
In addition to all other terms and conditions of this Agreement, you shall not:-
- Transfer the Service or otherwise make it available to any third party;
- Provide any service based on the Services without prior written permission;
- Use the third party links to sites without agreeing to their website terms & conditions;
- Post links to third party sites or uses their logo, company name, etc. without their prior written permission;
- Publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
- Use the Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of The Wingshield;
- Violate any applicable local, state, national or international law;
- Create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities:-
- You agree to be solely responsible for the contents of your transmission through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, 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 the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk email”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. 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 unauthorized activity.
Inactive User Accounts Policy:-
- We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such a user account will be deleted. We will provide you prior notice of such termination and the option to back-up your data. The data deletion policy may be implemented concerning any or all of the Services. Each Service will be considered an independent and separate Service to calculate the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
- We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Service does not grant The Wingshield the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for The Wingshield’s commercial, marketing, or any similar purpose. But you grant The Wingshield permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for providing the Services to you.
- You may transmit or publish content 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 maybe 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 The Wingshield will have the right to block access to or remove such content made available by you if The Wingshield 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 The Wingshield for this purpose.
- For procedures relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here.
- If you wish to protest any blocking or removal of content by The Wingshield, you may do so in the manner provided here.
Sample Files and Applications:-
- The Wingshield may provide sample files and applications to demonstrate the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. The Wingshield makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications
- The Wingshield and The Wingshield logo are trademarks of Wingshield Technologies Pvt. Ltd. You agree not to display or use, in any manner, the The Wingshield trademarks, without The Wingshield’s prior permission.
Disclaimer of Warranties:-
- You expressly understand and agree that the use of the services is at your risk. The services are provided on an as-is-and-as-available basis. The Wingshield 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. The Wingshield 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 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 Wingshield SAAS, its employees, or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liability:-
- You agree that Wingshield SAAS 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 Wingshield SAAS has been advised of the possibility of such damage. In no event shall The Wingshield entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
- You agree to indemnify and hold harmless The Wingshield, Wingshield Technologies Pvt. Ltd., 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 Service in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by The Wingshield.
- Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration by the commercial arbitration rules of the Indian Council of Arbitration (ICA). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrators shall be final and un-appealable. The arbitration shall be conducted in New Delhi and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, The Wingshield may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
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 suspensions 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 at your request.
- Also, 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 The Wingshield breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of the user account will include denial of access to all Services, deletion of information in your user accounts such as your email address and password, and deletion of all data in your user account.
End of terms of service:-
- If you have any questions or concerns regarding this agreement, please contact us at firstname.lastname@example.org.