Effective as of: Jul 31, 2022
DeployClick requires your use of the Services to comply with applicable law and to be consistent with our community standards. The purpose of this Acceptable Use Policy (“Policy”) is to inform you of our expectations regarding your use of the Services.
Please read the following terms and conditions very carefully as your use of services on our platform deployclick.com are subject to your acceptance of and compliance with such terms and conditions. DeployClick services accessible to you via web, mobile app, APIs, callbacks and other methods.
YOUR ACCEPTANCE OF THIS AGREEMENT
These Terms of Service (the “Agreement”) are an agreement between you (“User” or "you" or "your") and deployclick.com ("deployclick.com", "we" or "our") that governs your use of the services offered through deployclick.com platform ("Service"). When you access or use the application you agree to be bound by these Terms and Conditions ("Terms"). If you are accepting the Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and affiliates to the Terms of Service.
- Your Account
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.To access and use the Service, you must register for a DeployClick account ("Account") by providing your full legal name, current address, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.You are responsible for maintaining the security of your password. DeployClick will not be liable for any loss or damages from your failure to maintain the security of your Account and password.One person or legal entity may not maintain more than one free account. You may not share login credentials to the Service (identified by a unique email and password) among multiple individuals. You may create separate accounts.For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).You must be a human. Accounts registered by "bots" or other automated methods are not permitted what so ever.
- Eligibility to use the services
You hereby represent and warrant that you are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.Compliance with Laws. You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).The Services may only be used for lawful purposes. You shall not use any Service to engage in, foster, or promote illegal, abusive, fraudulent, or irresponsible behavior, including unauthorized collection or use of data, use of any false, misleading, or deceptive header information etc.
- Excessive Use & Vulnerability
You shall not use any shared system provided by DeployClick in a way that unnecessarily interferes with the normal operation of such shared system, or that consumes a disproportionate share of the resources of the system.You shall not attempt to probe, scan, penetrate, or test the vulnerability of DeployClick or any Service, and shall not breach DeployClick security or authentication measures, whether by passive or intrusive techniques.You shall comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as Internet Relay Chat and USENET groups.
- Offensive Content
You shall not Process any content or link to any content that does not comply with applicable law, including without limitation, any content that DeployClick deems at our sole discretion, to:
- relate in any manner to child sexual abuse, bestiality, or non-consensual sex acts;
- be excessively violent; be unfair or deceptive under the consumer protection laws of any jurisdiction;
- create a risk to a person's safety or health, create a risk to public safety or health, compromise national security;
- improperly expose trade secrets or other confidential or proprietary information of another person or business;
- promote illegal drugs, violate export control laws, arise from or relate to illegal gambling or illegal trafficking;
- be otherwise illegal or to solicit conduct that is illegal under laws applicable to you or to DeployClick; or
- be otherwise malicious, fraudulent, or result in retaliation against DeployClick by offended viewers;
- Intellectual Property
You shall not use DeployClick's services to download, publish, display, distribute, copy or otherwise use or make available in any manner any text, music, software, art, image or other work protected by law unless: (i) you have been expressly authorized by the owner of the property; or (ii) you are otherwise authorized by established Intellectual Property law.You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account ("Materials").We claim no intellectual property rights over the Materials you provide to the Service.
You agree to indemnify and hold DeployClick, its parents, subsidiaries, affiliates, officers, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your use of a Third Party Service, use of your Account by any third party, the violation of the Terms of Service by you, or the infringement by you, or any third party using your Account, of any intellectual property of a third party.
- Billing and Payment
Payments to be made for the service(s) availed as per the invoice/plan, only through the payment methods made available on the payment's page. Any government levies and taxes shall be payable as applicable from time to time. You agree to pay for any such taxes that might be applicable to your use of the Service. No service credit shall be available under the Terms of Service for interruptions, suspensions, or terminations of service arising from or related to any violation of this Policy.Domain registrations/renewals. No refunds will be given once a domain is registered. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months. In order to treat everyone equally, no exceptions will be made.If we are not able to process payment of fees using the provided credit card or UPI AutoPay or other methods, we may suspend and revoke access to your Account. If outstanding fees remain unpaid for thirty (30) days, DeployClick reserves the right to terminate your Account.
- Modification to the Service and Prices
DeployClick reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon thirty (30) days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.DeployClick shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You are solely responsible for properly cancelling your Account. All of your Materials will be scheduled for deletion from the Service upon cancellation. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. There will not be any prorated refunds of unused time in the last billing cycle.Violation of any provision of this Policy, whether as a single-instance or repeated occurrence, may result in the immediate interruption, suspension, or termination of your access and use of the Services, as determined by DeployClick at DeployClick's sole discretion.
- Account Security and Compatibility
It is your responsibility to ensure that scripts/programs installed under your account are secure, scheduler privileges are managed and permissions of directories are set properly, regardless of the installation method.We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.You agree to cooperate fully with us in connection with our provision of the Services. It is solely your responsibility to provide any software that may be necessary for your use of the Services. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by us to provide the Services, which may be changed by us from time to time in our sole discretion.You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. DeployClick does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
- Third Party Products and Services
DeployClick may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider.DeployClick does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. DeployClick is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.DeployClick may act as a reseller or sublicensor of certain third party services, software and equipment used in connection with the Services (“Resold Products”). We shall not be responsible for any changes in the Services that cause any Resold Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. You shall not resell, transfer, export or re-export any Resold Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
- Disclaimer of Warranties
DeployClick is providing the Services to the User “as is” and “as available” without any warranties of any kind, either express or implied.Without prejudice to the above, DeployClick makes no representation or warranty that:
The User is using the platform at his or her own risk.To the fullest extent allowed under applicable law, DeployClick disclaims all warranties, whether express or implied, including any warranties that the platform is merchantable, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or able to operate on an uninterrupted basis, or that the use of the platform by the User is in compliance with laws, or that User generated Content will be successfully, accurately or securely transmitted.The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. We do not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA.
- The Services will meet Users requirements;
- The Services will be uninterrupted, timely, secure, or error-free;
- It will assume responsibility for any service advertised or offered by a third party including a Service Expert through the Platform;
- It shall be responsible for any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party, any interruption or cessation of transmission to or from the Platform, any defamatory, offensive, or illegal conduct of any third party or User or Service Expert;
- It shall be liable for any conduct of the Service Expert. However, it will use commercially reasonable efforts to address any complaints that you may have against any Service Expert and that you bring to DeployClick's attention;
- Limitation of Liability
IN NO EVENT WILL ’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SERVICE EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO IN SUBSCRIPTION FEES FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.IN NO EVENT WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THIS TERMS OF SERVICE BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE CUSTOMER THE RIGHTS TO ACCESS AND USE THE SERVICE AND PROFESSIONAL SERVICES PROVIDED FOR IN THIS TERMS OF SERVICE AT THE CHARGES AGREED TO BY THE PARTIES.
- Dispute Resolution
- Independent Contractor
DeployClick and User are independent contractors and nothing contained in this Agreement places DeployClick and User in the relationship of principal and agent, partners or joint ventures, franchise or agency. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.Nothing in this Terms of Service will be construed to prevent DeployClick from marketing, licensing, selling or otherwise providing Service to any third party. Nothing in this Terms of Service will be construed to prevent you from obtaining services similar to the Service from a third party.There are no third-party beneficiaries under this Terms of Service.
- Changes to the Terms
DeployClick may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
- Entire Agreement
This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.