Terms of Service
This is an Agreement (“Agreement”) between Solymoly Inc., herein (“Solymoly”), having an office and place of business at 809, 22nd street, Union city, NJ, USA, and the entity agreeing to the terms herein (“Participant”, “You”, “you”, or “Customer”). By using or accessing any part of the Service, you agree that you have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into this Agreement on behalf of a company, you represent that you have the authority to bind that company to the terms of this Agreement.
1. Description of Service
Solymoly provides a software as a web service, also referred to as cloud service, named Solymoly (herein after referred as “Service” or “Services”). The Service is offered and provided subject to the terms and conditions of this Agreement. The Customer shall connect to the Service using any Internet browser or mobile application supported by the Service. The Customer is responsible for obtaining access to the Internet and the equipment necessary to access the service.
2. Modification of Terms of Service
Solymoly reserves the right to update and change the Terms of Service from time to time and the updated version will be published on our website at https://solymoly.com/terms-of-service.html. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Terms of Service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://solymoly.com/terms-of-service.html
3. Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the Services for spamming and other illegal purposes; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
4. Payment, Refund and Subscription terms
- Users of the Service have access to a feature called “call center” where they may buy a phone number on the internet and call and receive phone calls from anyone. If the Customer does not have enough minutes’ credits, the calling feature will not work. The Customer will be notified by email when they get close to the expiration of minutes.
- The Service is billed on a monthly and/or annual basis. In both cases, the amount billed is non-refundable. There will be no refunds or credits for partial months of service.
- Information on the subscription options and charges for all paid Services is available in the pricing page of our website.
- Solymoly reserves the right to change the subscription fee from time to time.
- In case of non payment for any reason or any violation of these terms, Solymoly shall be entitled – without liability – to immediately bar Customer’s access to the Service.
5. Data ownership & Privacy
- Solymoly does not own any Customer Data. The Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Customer Data.
- Solymoly provides automatic data back up for all customer data. This backup solution is built on top of the world’s leading cloud hosting providers like Google, Inc., Amazon.com, Inc., and others. However, Solymoly, shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or retrieve any data due to a glitch or a defect in our software or the software used by the earlier mentioned cloud service providers.
- Solely and only for the purpose of providing the services to you, you grant Solymoly royalty free, worldwide permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your account.
- You here by consent that, Solymoly may identify you as a customer of the service (using your name and logo) and generally describe the products or services it provides to you in its promotional materials, presentations, press releases and proposals to other current and prospective customers.
- If a Customer does not renew the subscription for the Service, Solymoly shall provide all Customer Data on explicit written request from the customer in a generally accessible format within 30 days after the end of such term and thereafter may delete the customer account and all of the Customer Data. Please note that some information like billing and subscription may remain with us for accounting and legal reasons. Additionally, Customer Data may remain with us for the period of 90 days on our replication servers and/or high availability servers, beyond which it is completely deleted.
6. Data ownership & Privacy
Confidential Information of the Customer shall mean all business and technological information of Customer and shall include the Customer Data. Confidential Information of Solymoly shall mean the Services other than the Customer Data. Confidential Information shall not include any information which is in the public domain (other than through a breach of this agreement), which is independently developed by the recipient or which is received by a third party not under restriction. The recipient will not disclose the Confidential Information, except to affiliates, employees, agents, professional advisors or third party vendors who participate in the provision of the Services hereunder who need to know it and who have agreed to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction; provided that the recipient uses commercially reasonable efforts to promptly notify the other party of such disclosure before complying with such order.
7. General Account Terms
- Access to the Service is only available to the Customer and the Users to whom the Customer grants access, subject to the Customer making the applicable payments for the Service under this Agreement.
- User names and passwords are personal, and are to be considered part of Confidential Information of Customer. The Customer is at all times fully liable for all acts and omissions by Users whom the Customer has granted access and agrees to indemnify Solymoly for all claims and losses related to such acts and omissions.
- The Customer may not use the Service for any illegal or unauthorized purpose. The Customer must not, in the use of the Service, violate any laws in customer jurisdiction (including but not limited to copyright laws).
- Solymoly may make updates to the Service from time to time as per market demands.
- The Customer is responsible for all taxes and the Customer will pay Solymoly for the Services without any reduction for taxes. If Solymoly is obligated to collect or pay taxes, the taxes will be invoiced to Customer including any bank or transactional charges.
- Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, the Customer owns all Intellectual Property Rights in Customer Data and Solymoly owns all Intellectual Property Rights in the Service.
- When the Customer pays Solymoly via bank transfer, the necessary bank transfer charges should be borne by the Customer. For avoidance of doubt, the total license fee payable should be credited to our account without any deductions.
8. Warranty and Disclaimer
- Solymoly warrants that it will provide 95% uptime of the service failing which downtime credit will be provided for the time the service was not available.
- Solymoly agrees to defend, indemnify, and hold harmless the Customer, its Affiliates, and their respective, officers, directors, employees, agents, representatives and contractors from and against any claims, actions, demands, liabilities and expenses, including, without limitation, damages, other monetary relief, expert fees, costs and reasonable legal fees, alleging or resulting from any claim that the Services infringe upon the intellectual property rights of whatever type or form of any third party.
- Solymoly is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the Customer provided internet and electronic communications.
- Except as otherwise provided herein, the Service is provided on an “ASIS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchant-ability, fitness for a particular purpose or non-infringement.
- Solymoly takes reasonable care for virus protection and other harmful components; however, given the nature of virus evolution, Solymoly makes no warranty that the service will be free of viruses or other harmful components.
- Solymoly makes no warranty that
- The service will be error-free or un interrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); however, when such errors or interruptions occur, Solymoly will take reasonable efforts the rectify the errors and interruptions;
- any information or advice obtained by Customer in connection with the Service will be accurate or complete;
- the results of using the Service will meet Customer requirements.
Limitation of Liability
IN NO EVENT SHALL SOLYMOLY 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 SOLYMOLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SOLYMOLY RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL SOLYMOLY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST 3 MONTHS FEES PAID BY YOU TOWARDS SUCH SERVICE and the confidentiality provision, the confidentiality provisions shall prevail.
10. Privacy Terms
At Solymoly, we respect the need for online privacy and make every effort to protect any personal or professional information shared with us. The following provisions are in addition to the confidentiality provisions set forth herein (listed in section 6 of the Terms of Service Agreement). In the event of a conflict between the provisions of this section
1. Information we collect:
Solymoly collect information in two ways:
- Information the customer gives us. For those users who provide requisite authorization during the account setup and login process, Solymoly collects information from Google Apps or Microsoft Office 365, as applicable, to provide better service to all users. This includes first name, last name, email address, and email groups users belong to. This information is synchronized periodically. If a user is deleted or made inactive in the Google Apps domain, we delete or deactivate the user in our application as well. Solymoly does not collect passwords or store documents in our application.
- Information we collect as customers use our service. Solymoly may collect specific information about how customers use our product. This include situations such as how a customer uses a specific feature and when a customer uses the product. The information is collected as data logs, images, or a logical sequence of images to reply to an issue encountered by a user. Our logging system automatically collects information such as the internet protocol address, browser type, browser language, referring URL, features accessed, errors generated, time zone, operating system information and other such information that is transmitted in the header of the user’s HTTP request and stores this information in log files. Solymoly uses these log files to analyze trends, administer, and improve the application. Solymoly does not collect or store application or user specific data as part of logs.
2. How we use the information we collect
Solymoly uses the above information for the following general purposes: service provisioning, billing, identification and authorization, service improvement, and research. When a customer contacts Solymoly, we may keep a record of customer communication to help solve any issues customer might be facing.
3. Security of customer data Solymoly adopts industry appropriate data collection, storage, processing practices, and security measures to protect against unauthorized access, alteration, disclosure, or destruction of customer personal information and data stored in customer user accounts. Solymoly ensures that it receives similar commitments from its vendors used to provide the Services hereunder. Solymoly will provide notification to customers as soon as reasonably practical after a breach of such security that may impact Customer Data. Access to customer name and email address is restricted to employees who need to know such information in connection with providing service to customers and are bound by confidentiality obligations. Solymoly does not sell the personally identifiable information customer provide for financial gain nor does Solymoly share such information with third parties for the purpose of sending customer advertisements for products or service unaffiliated with Solymoly.
11. Governing Law & Jurisdiction
This agreement shall be governed by the laws of the State of Delaware, United States of America Last Updated: 3rd February 2017