This User Agreement is effective from December 1, 2020.
Please read this carefully before accessing, activating or registering an account with Infilinx for the Service. By using the Service, you agree to abide fully and accept all of the terms, conditions, and guidelines set here (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of this agreement, do not access and/or use the service. Please note that at any time, if Infilinx determines that you have abused or violated the letter, spirit, or intent of any of these terms, conditions, and guidelines, Infilinx reserves the right in its sole discretion to terminate or suspend your account immediately without notice, liability, or penalty or liability of any kind to Infilinx. Infilinx also reserves the right at its sole discretion to refuse service to anyone for any reason.
Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the website in connection with such features. All such additional terms, guidelines, and rules shall be a part of this Agreement.
The Service is being offered only to natural persons of age eighteen (18) years or older and legal entities whose authorized principals are of age eighteen (18) years or older. By accepting the terms of this Agreement, you hereby represent and warrant to Infilinx that you are a natural person or authorized representative of a legal entity who is of age 18 years or older. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent).
Terms and conditions set by the user do not apply. Only the terms and conditions herein apply even if those of the user are not expressly contradicted. This affects all services rendered to you, unless written Agreement has been made to the contrary.
To access and use certain Services, User must register an account on the Site. You agree to provide Infilinx with accurate and complete registration information and other information which may be required by us to provide you services. It may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number and government identification number. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to update this information and keep it updated at all times.
You may delete your Account at any time, for any reason by emailing us on email@example.com. Infilinx may suspend or terminate your Account in accordance with Section -23 of this Agreement.
You agree to provide us with the information we request for the purposes of identity verification and the detection of fraud, or any other crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services and your access to the Services may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number and government identification number. You confirm that the information provided is accurate and authentic. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other crimes, and to take action we reasonably deem necessary based on the results of such inquiries.
By registering for the Service, you will receive your Account login information. It is solely your responsibility to keep your account information and password secure. You may not disclose your password to anyone except persons that you have authorized to use your account. You hereby agree to take all liabilities of any kind, arising out of or related to the use of the Service by you or your authorized person(s). You hereby expressly release and indemnify Infilinx from, and hereby assume all liability and damages of any kind arising out of or related to, all activities conducted through your account on the Services by any persons, whether or not such persons are authorized by you to use the Service. You agree to notify Infilinx immediately of any unauthorized use of your account or any other breach of security you know of or suspect. Infilinx cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Infilinx does not control Content accessed, retrieved, recorded, heard, posted, or otherwise transmitted or received via the Service and does not guarantee the accuracy, integrity or quality of such Content. You are solely responsible for all content, data, materials, or information you transmit via the Service. Under no circumstances, will Infilinx be liable for any of these Contents, regardless of where or how it originated.
As a user of the Service, you agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You agree that under no circumstances Infilinx is liable for your violation of any applicable law or regulation.
If Infilinx, in its sole discretion, believes that you have violated any restrictions or that you have otherwise violated any applicable law, statute, ordinance, or regulation, Infilinx may forward the objectionable material, as well as your communications with Infilinx and your personally identifiable information, to the appropriate authorities for investigation and prosecution, and may immediately terminate your service without penalty or liability of any kind to Infilinx.
You agree that Infilinx, in its sole discretion, has the right to establish limits which Infilinx deems reasonable on the number and/or size of messages which you send, receive and/or store, also Infilinx has right to establish limits which Infilinx deems reasonable or number and/or duration of voice calls in order to prevent any negative impact on the use of the Service by others, and you agree to comply with any such limits.
Infilinx assumes no responsibility for the deletion or failure to deliver or store voice or call logs or other messages above such limits.
Your rights to the Service granted under this Agreement are personal to you. You may not sell, assign, or otherwise transfer or agree to transfer all or any portion of those rights without the prior written consent of Infilinx, which may be withheld without providing any reason at the absolute discretion of Infilinx.
Any attempt to use the Service other than as provided herein shall be a breach of this Agreement and will subject you to possible legal action and/or fees.
Infilinx provides Country-wise different plans/subscription with different pricing. Detailed information about Plan options is available on website. You can opt for any one plan on one registered account while Registering the account/ while subscribing the plan. You can also switch plans while re-activating your subscription. You understand that Infilinx, in its sole discretion, has the right to change or discontinue any plans or subscription at any time for any business or legal requirement. If you are already subscribed with that plan, any such changes shall not be applicable to you as a current subscriber till the expiry date of your subscription, however after expiry date when you re-activate your account, you have to choose from plans/subscription available at that time.
User agrees to pay for its use of the Services as set forth on the pricing page on the website, as may be updated from time to time, except and only to the extent User has entered a separate written agreement. Pricing is available country-wise for different plans. Following charges are included in pricing;
Duration of the call starts from the time the call lands on our system till the call ends and includes the duration during which the call is being forwarded. The duration of calls is rounded up to the nearest minute for billing purpose.
Call received by the system including the time spent by the caller interacting with IVR will be considered as incoming call for the purpose for calculating the duration of call until the caller or the system disconnects the call.
Example 1 : When the caller calls the number provided by us and interacts with the IVR for time duration of 40 seconds for generation of the tickets, after which the system disconnects the calls, the charges will be 1 minute x cost of incoming call.
Example 2 : When the caller calls the number provided by us and interacts with the IVR for time duration of 1 minute 20 seconds for generation of the tickets, after which the system disconnects the calls, the charges will be 2 minutes x cost of incoming call per minute.
When the system receives the phone call and the caller chooses to speak with support staff or emergency staff, then the system makes a phone call accordingly, the entire call is termed as an outgoing call.
Example : When the caller calls the number provided by us and interacts with the IVR for time duration of 20 seconds and chooses to speak with the support team, then the system forwards (forwarding time= 10 seconds) that call to the support team and the caller speaks with the support team for 2 minutes 10 seconds, then the charges will be [(20 sec + 10 sec + 2 min 10 sec) x cost of outgoing calls per minute].
If an outgoing call is not answered by recipient this call will be treated as incoming call and will be charged accordingly.
There is a system in place, which allows you to record the conversation held on your IVR / Tollfree number between your caller and you. This can be enabled from the control panel (by default it is disabled). For every call you record, you will be charged extra according to your plan.
There is a system in place, which allows you to receive or send SMS to the caller or called party. This can be enabled from your control panel (by default this is disabled). The character limit for a single SMS message is 160 characters. For example, when you send a SMS message over 160 characters the message will be split. Large messages are segmented into segments and sent individually as separate messages then rebuilt by the recipient’s device. You will be charged for each segmented individual message. Cost of SMS will be applicable as per the plan selected by you.
You agree that in order to use the Service, you are responsible for following expenses and these expenses are not covered in our pricing.
Changes in the industry, our service provider’s requirements, applicable law and regulations may require Infilinx to make changes to the Services or its pricing from time to time. It is User’s responsibility to ensure that its usage is compatible with the current Services. Infilinx reserves the right to change or cancel the Service or its pricing at any time without prior notice; changes to the Service or its pricing will be effective immediately after posting a notice on the Website or by sending User notice through the Services, or by another appropriate means of electronic communication. Your use of the Service after such changes have been posted constitutes your acceptance of all changes.
User shall pay in advance for the Services in the currency specified by Infilinx, without the right of set-off, deductions, or counterclaim. In case of the credit offered or purchased for the telephone usage, the appropriate amount of credit for usage will be deducted from available credit balance as per plans/ subscription.
Unless otherwise provided on the pricing page on the Site, all charges and fees for the Services are inclusive of sales or value added tax.
If we reasonably believe that your use of Services is not consistent with normal, fair and reasonable use, then we will be entitled, at our option, to: impose limits to our services or suspend /terminate the Services.
Wherever reasonably possible we will give you written notice before taking any such action, and allow a reasonable period for you to modify your use.
“Confidential Information” means any non-public information or data, regardless of whether it is in tangible form, disclosed by either Party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure.
“Confidential Information” does not include any information which:
Each Party agrees to exercise due care in protecting the other Party’s Confidential Information from unauthorized use and disclosure. Each Party may also disclose the Confidential Information of the other Party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are bound to keep such information confidential consistent with the terms of this Section. In addition, Infilinx may disclose any Confidential Information under a comparable non-disclosure agreement in response to a third-party due diligence request supporting a financing or non-ordinary course of business corporate transaction. Either Party may disclose the Confidential Information of the other as required by law, legal process or court order; provided that, subject to applicable law, it promptly notifies the other Party of such required disclosure in order to allow the other Party to seek a protective order or other appropriate remedy.
Infilinx reserves the right, but is not obligated, to monitor and audit User’s use of the Services for any reason or no reason, without notice, to ensure User’s compliance with this Agreement. Infilinx reserves the right, but is not obligated, to reject, refuse to transmit or post, block, or remove any posting (including Application Content), or to restrict, suspend or terminate User’s access to all or any part of the Services at any time if User has violated this Agreement or to prevent harm to Infilinx’s business or reputation. Infilinx also reserves the right to access, read, preserve, and disclose any information that Infilinx reasonably believes is necessary to;
User agrees to provide Infilinx with any information Infilinx reasonably requests to investigate and resolve problems relating to User’s Account.
IN NO EVENT WILL INFILINX OR ANY OF ITS RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, SUSPENSION, CANCELLATION, DISABLEMENT, TERMINATION, OR THE RESULTS OF USE OF THE SERVICE, ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF INFILINX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF INFILINX OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT PAID BY YOU TO INFILINX FOR THE LAST PAID SUBSCRIPTION FEES IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
Infilinx is not liable for any failure of performance to the extent such failure is due to any cause or causes beyond our reasonable control, including acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, sabotage, outages of third party connections, utilities, or telecommunications networks, including, without limitation, carrier-related problems or issues, internet-access issues, denial of service attacks, shortage or unavailability of supplies, and other mechanical, electronic or communications failures or degradation. Either Party’s invocation of this clause will not relieve User of its obligation to pay for any Services actually provided or permit User to terminate any Services except as expressly provided herein.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND INFILINX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF FIRST USE.
INFILINX DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE CUSTOMER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. INFILINX DOES NOT CONTROL OR VET CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. INFILINX IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOWLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Either you or Infilinx may terminate your account and use of the services at any time for any reason. This is your sole and exclusive remedy with respect to any dissatisfaction with the Service, the terms and conditions set forth in this Agreement as may be updated from time to time, or any other policies and practices of Infilinx now in effect or that may be adopted or modified in the future. You may terminate your account by following the instructions on the Site or by contacting Infilinx at firstname.lastname@example.org. Infilinx reserves the right to restrict access to the Service to any user (including you) if it reasonably believes the user has breached this Agreement in any way, and may at any time in its sole discretion, with or without notice and with or without cause, immediately deny access to the Service and may remove all account information, their contents, and any other content.
PLEASE NOTE THAT ANY PERIODICAL SUBSCRIPTION PAYMENTS, CREDIT LIMIT CHARGES, SECURITY AMOUNT FOR THE SERVICE ARE NON-REFUNDABLE AND WILL NOT BE PRORATED REGARDLESS OF USAGE.
Infilinx reserves the right to terminate the account if there is over usage (i.e. usage exceeds the security limit maintained by the user) not paid within 2 days or if the expired account is not re-activated within fifteen (15) days.
Termination clause is not valid for contractual plans.
This User Agreement shall be governed by and construed in accordance with the laws of the state of Maharashtra and all disputes are subject to the jurisdiction of Mumbai, Maharashtra, India. If any provision(s) of this Agreement is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND INFILINX HAVE AGAINST EACH OTHER ARE RESOLVED. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
In the case of disputes, controversies or claims involving Infilinx, you and Infilinx agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration. You agree to first give us an opportunity to resolve any claims by contacting us on our Email available on our website. You and Infilinx agree that any cause of action arising out of or related to this User Agreement must commence within 15 (Fifteen) days after the events giving rise to the cause of action first arose; otherwise, such cause of action is permanently barred. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration as set forth below.
Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.
THE PARTIES HEREBY WAIVE THEIR RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, as applicable, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Infilinx in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and Infilinx waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
User hereby authorizes Infilinx to send notices to User relating to this Agreement (e.g., Service updates, notices of breach and/or suspension) via email to the email address User provides to Infilinx in User’s Account, in addition to the other means and methods set forth in this Agreement. It is User’s responsibility to keep User’s email address current, and User will be deemed to have received any email sent to the last known email address Infilinx has on record for User. Notices that Infilinx sends to User via email will be deemed effective upon Infilinx’s sending of the email. Notices provided to Infilinx under this Agreement shall be sent to the attention of User’s account manager via email provided on the website.
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