These provisions are contingent upon your (the “Client's”) acceptance, without alterations, of these Terms of Service, as well as any future revisions and procedures that may be periodically published or made accessible to the Client. When a Client utilizes the services on this website (“Services”), these Terms establish a legally binding agreement between the Client and the Company. Our goal has been to make these documents as easily understandable as we can, but in certain instances, due to legal requirements, some of the wording has to be in a more formal legal style.
If you are agreeing to these Terms on behalf of an organization, such as your employer or the company you represent, you confirm and guarantee that you possess the legal authority to act on behalf of and legally bind the said organization. In such a case, the terms "you," "your,""customer," or any related capitalized term in this document will refer to the aforementioned Client entity. Therefore, if you register for the Services using your employer's or an entity's email address, it is important to note and understand that you are considered an authorized representative and/or agent of your employer or the relevant entity.
If you sign up for a Free Trial of this Website, the relevant sections of the Terms will apply to that Free Trial.
Please take the time to carefully review these Terms. By registering for, accessing, browsing, or using the Services in any way, you acknowledge that you have read, comprehended, agreed to, understood, accepted and consent to abide by these Terms in their entirety. If you do not agree to be bound by any of these Terms or generally all the Terms mentioned hereinafter, please refrain from accessing, browsing, or using the Services.
THESE TERMS OF SERVICE ARE TO BE READ MUTATIS-MUTANDIS WITH THE PRIVACY POLICY, TERMS OF USE AND THE SPECIFIC PARTNER BASED AGREEMENTS/ ARRANGEMENTS THAT ARE PUBLISHED OR EXECUTED WITH THE CLIENT AND APPLY TO THE CLIENT. WHILE SOME TERMS FROM THE ABOVEMENTIONED AGREEMENTS AND DOCUMENTS MAY BE REPRODUCED HERE FOR CLARIFICATION PURPOSE, THE RELATIONSHIP BETWEEN THE CLIENT AND THE COMPANY WILL BE GOVERNED THROUGH THE PRIVACY POLICY, TERMS OF USE, AND THESE TERMS, MENTIONED HEREINAFTER.
The Company has the authority, at its exclusive discretion, to alter, amend, append, or eliminate any sections of the Terms, stated hereinafter, periodically.
Any notification of such changes may be communicated through the changes made to the Website. The Client's ongoing use of the Services implies their acceptance of these Terms and any subsequent modifications that may occur. If the Client does not agree with a modification, they must refrain from using the Services of the Company. However, if the Client continues to use the Company’s Services, or any of its parts or components, after the effective date of a modification, it will be considered as their acceptance of the changes or modifications. Company will not be held responsible to the Client or any third party for any modification, suspension, or discontinuation of the Company’s Services or any of its components.
Throughout the Subscription Term, we will grant You the privilege to utilize the Services as outlined in these Terms.
It is solely your responsibility to ensure that all access, utilization, and reception by You adheres to and complies with these Terms. You have the option to extend access and usage of the Services to the Users affiliated with your organization. However, it is crucial that all such access, usage, and receipt by your Users strictly adheres to and complies with the terms of these Terms. You will always remain responsible for ensuring that your Affiliates comply with the terms of these Terms.
The Company will inform the Client in advance of maintenance and time required to undertake upkeep of the Website, in advance.
The Company retains the right to make adjustments to the Company’s Services or any of its components without prior written or oral notice. These adjustments may encompass the following, among other things:
In accordance with these Terms read with the Privacy Policy, the Company provides Client and its Users with a license that is not exclusive, non-transferable, and cannot be sublicensed. This license allows them to:
We provide you with a non-exclusive, royalty-free, revocable, global, non-transferable license to utilize our Services in accordance with these Terms. Any other uses are strictly prohibited without obtaining our prior written consent.
You must refrain from engaging in or attempting any of the following actions while using our Services:
A new client can enjoy a Free Trial without the need to provide credit card details. Once the Free Trial period ends, the account will automatically become inactive. To prevent this deactivation or to reactivate the account, the client must choose a Plan and pay the Fee. Failure to pay the Fee pursuant to the end of the time period of the Free Trial grants the Company the authority to permanently delete the account, along with all client data stored within it, as per a time frame which is based on the discretion of the Company.
The usage of Services, excluding those accessed through a Free Trial, incurs a charge, as is mentioned on the Website, correspondingly, based on the plan they choose. When a Client signs up for an account, they must choose a specific plan, each of which has different pricing tiers, as is mentioned on the Website. The corresponding fee is billed in advance either on a monthly or on an annual basis, as is chosen for by the Client. The Company retains the right to adjust the fees for any plan at its discretion, but it will provide a prior notice of 30 (Thirty) days to the Client before making such changes. However, these modifications will only take effect at the beginning of the plan immediately following the current plan term for which the Company has notified the client of the changes. Additionally, by agreeing to subscribe to the Services, the Client also agrees that the Fees is non-refundable and refund requests will not be entertained under any circumstances.
For credit card payments, you authorize us to charge your Authorized Payment Method for all fees during the term of your subscription. We are not providing payment gateway services ourselves and accordingly, we may use a third party service provider to process payments on our behalf, with your consent to disclose your payment details to them, for the limited use of processing payments. In cases of failed payment attempts, we may retry billing your Authorized Payment Method. However, if the Authorized Payment Method remains unsuccessful, and your Account remains unpaid, we may suspend access or terminate your account, as per these Terms.
The Client has the flexibility to switch between different plans offered by the Company at any time. When the Client chooses a new plan, the Company will automatically charge their credit card with the Fee specified in the new plan for the upcoming payment interval. If the Client decides to upgrade their plan, any unused portion of their prepaid Fees will be credited towards the Fee for the upgraded plan and the unused Fee paid for subscription will accordingly be adjusted for.
If the Client opts to downgrade their Plan after the Plan term has started, this may result in the loss of features, functionality, account capacity, and Client data. Therefore, we advise you to downgrade, solely at your own risk. Additionally, please note that in consonance with our refund policy, there will be no refunds provided to the Client for any price difference between Plans if they choose to downgrade after the Plan term has commenced.
For invoice payments, we will invoice when your payment is due.
Keep your business information, Authorized Payment Method, and billing details up-to-date, including tax information. Changes can be made on your billing page within your account. You authorize the Company to continue charging your Authorized Payment Method for fees during your term of subscription. Payment obligations are non-cancelable and non-refundable.
All fees are exclusive of taxes, which we will charge where applicable. You agree to pay any taxes related to your use of the Subscription.
This section applies when the Client directly accesses Services from the Company. If the Client acquires access through a Reseller, payment terms are determined by the agreement between the Client and the Reseller.
When using Services, a Fee is applicable. Upon creating an Account, the Client must choose a Plan with different rates. The Fee is charged in advance on a monthly or annual basis. The Fee corresponding to the Plan is mentioned on the Website of the Company.
Company reserves the right to adjust the Fees reasonably, as per its discretion.
The Client authorizes Company to automatically charge Fees after the expiry of the term of the Plan.
All Fees are non-refundable. Illustratively and from a clarification perspective, there will be no reimbursements of any sort whatsoever, for periods when the Client did not or chose to not utilize an otherwise activated account for which an advance Fee payment has been made, or in circumstances where the Client used the account only partially, deactivated the account, terminated these terms during a payment interval, or if the Company terminates or suspends the account as per its policies or discretion.
For delayed payments, Company may charge interest on the overdue amount, with an interest rate of 1% per month or the maximum allowed by local law, whichever is higher.
Unless explicitly stated by Company, Company Services and related content are provided "as is" and"as available" without warranties, whether statutory, express, or implied. Company and its Affiliates disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, and reliability. They do not guarantee uninterrupted or error-free Services, the correction of defects, or the absence of viruses or harmful components.
The Client agrees to defend, indemnify, and hold Company and its Affiliates including but not limited to its subsidiaries, respective directors, officers, employees and agents, harmless from any claims, losses, damages, including attorney fees and liabilities (“Claims”) arising from their use or misuse of Company Services, representations, violations of these Terms, or infringement of others' rights. The Client also agrees to actively assist and cooperate with the Company for enforcing all such Claims.
Company's and its Affiliates' aggregate liability under these Terms, whether in contract or tort, shall not exceed the total amount paid by the Client for the specific Services within one month preceding the first incident giving rise to liability.
Subject to applicable laws, under no circumstances will the Client or its Affiliates be held liable for any remote damages including but not limited to lost profits, revenues, goodwill, or any indirect, special, incidental, consequential, cover, business interruption, or punitive damages related to these Terms. This applies whether the claim is based on contract or tort, and regardless of the legal theory of liability, even if a Client or a third party has been informed of the potential for such damages or if a party's or its affiliates' remedy otherwise proves ineffective in achieving its fundamental purpose.
The Company hereby clarifies that it will not be bound by the Partner Agreement or any third-party agreement implying a back-to-back indemnity obligation or indemnity arrangement, which places an obligation on the Company, to indemnify the Client or a third party.
Company will not be held responsible for any consequences resulting from circumstances beyond its control, or where the Company is not directly at fault, or has not acted negligently. These circumstances include but are not limited to the following:
Your initial subscription term is stated in your Order, and unless specified differently, it will automatically renew on the same terms.
The Client can terminate this Agreement through any of the following means:
The Company can terminate this Agreement for cause upon thirty (30) days' notice in the following cases:
Alternatively, the Company can terminate the Services if they decide to discontinue any part of the Services, any feature, or shut down a section of the platform. The Company has the authority to terminate the agreement at any point and for any reason, with the condition that they will refund a proportional amount of unused fees for the remaining term.
Upon the conclusion of these Terms and/or the termination of the client's access to Services for any reason the Company will deactivate and permanently delete all Client Data immediately and will not entertain requests for retrieval of Client Data.
If the client has specifically requested an earlier deletion of the Client Data, the Company will fulfill such request within one month of receiving it.
Upon termination, the Client must:
Unless otherwise stated herein, the Client will not be entitled to a refund of any prepaid Fees.
The following clauses shall remain enforceable post the termination of these Terms, namely Indemnification, Limitation of Liability, Exclusion of Liability in some circumstances, consequences or effects of termination, Suspension, User Credentials, Privacy, Governing Laws and Miscellaneous.
The Company may suspend User access without notice for violations of laws, excessive email bounces or SPAM complaints and may also at our discretion, terminate the usage of Services.
The Client is responsible for safeguarding the confidentiality of all User Credentials and bears sole responsibility for any activities conducted using these Credentials.
These Credentials should not be shared or used by multiple individuals but may be reassigned to a new User taking the place of a former User who has left employment or changed job roles and no longer requires the Services. The Company reserves the right to terminate the Credentials of any User if there is a reasonable suspicion of unauthorized use or misuse, as determined solely by the Company. In such cases, immediate e notice of the termination will be provided to the Client. The Client must promptly notify the Company of:
If you have any questions or concerns or grievances regarding these Terms, you can contact us at help@relavate.co
Additionally, the Company will offer timely and reasonable technical support to both the Client and its Users, as per due request within a reasonable time.
Kindly read our privacy policy, here: www.relavate.co/legals/privacy-policy
Regarding Client Data, the Client confirms, represents, warrants and assures the following amongst other things:
You recognize that the Services are not intended for the processing or handling of sensitive information. Consequently, you commit to refraining from utilizing the Service for the collection, management, or processing of sensitive information. We will not be held liable, and we explicitly disclaim any responsibility, for any consequences arising from your utilization of the Services to collect, process, or manage sensitive information.
Since the Services are not designed to handle Sensitive Data or meet the requirements of industry-specific regulations like the Health Insurance Portability and Accountability Act or the Federal Information Security Management Act and other similar sector specific laws. Therefore, you are prohibited from utilizing the Service in situations where your communications would be subject to these laws or where Sensitive Data would be shared. Additionally, you agree to refrain from using the Service in a manner that violates the Gramm-Leach-Bliley Act. It's important to note that the usage restrictions pertaining to Sensitive Information outlined in the Agreement still apply and are not affected by this section.
We have clearly explained the difference between Personally Identifiable Information and Non Personally Identifiable Information in our Privacy Policy here: www.relavate.co/legals/privacy-policy
The Client bears sole responsibility for their Client Data, specifically Client Data which includes any Personally Identifiable Information and the repercussions of posting or sharing it through the Company. If the Client uploads Client Data during the usage of Services, they must ensure that both the Client Data and any processing of it adhere to these Terms and relevant legal regulations, including all global data privacy regulations that may be applicable like California Consumer Privacy Act (referred to in this Privacy Policy as “CCPA”) as amended by the California Privacy Rights Act (“CPRA”), General Data Protection Rules, standard contractual clauses, etc.
The Client is prohibited from using the Service in any way to handle either: (a) Sensitive Information or (b) Client Data that is illegal or violates these Terms. The Company is not obligated to proactively review, monitor, or filter Client Data, or its processing by the Client on a suo-moto basis, to determine whether the Client Data qualifies as Sensitive Information or is unlawful and this discretion is to be exercised solely by the Client or its authorized representatives on a case to case basis. The Company undertakes no liability whatsoever in ensuring that the information or data shared by the Client is Sensitive Information or Personally Identifiable Information. However, if, at its sole discretion, the Company has reasonable grounds to suspect that the client is processing unlawful Client Data or Sensitive Information or that the manner in which it's being processed is unlawful, the Company reserves the right to amongst other actions:
Ownership of the Client Data, whether it's posted or uploaded by the Client or made available through Services, remains with the Client or their respective owners, including users, individuals, and organizations and the end owners in case of individuals and organizations.
By uploading Client Data as per the Plan of the Company, the Client grants the Company the authorization to process the Client Data. The client is obligated to:
Ensure that neither they nor any users associated with the account create, transmit, display, or otherwise make available any Client Data that violates these Terms, the rights of Clients, other clients or users of Services, or any individuals or organizations.
Guarantee that the Client Data is not harmful, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of someone else's privacy, hateful, or in any other way unlawful.
Confirm that both the Client and all users possess the necessary rights to use the Client Data, including inserting it into Services and processing it through the database(s) of the Company.
The Client understands, agrees and accepts the difference between Personally Identifiable Information and Non Personally Identifiable Information. The Client agrees that once Personally Identifiable Information or any other data is anonymized, altered or encrypted, it does not amount to Personally Identifiable Information anymore.
The Company therefore has the option to utilize the abovementioned Client Data in an aggregated or anonymized manner for research, educational endeavors, and similar purposes. However, the Company cannot employ or publicly showcase Client Data in any other way without the written consent of the Client. The Company acknowledges the Client's exclusive ownership rights over Client Data. Unless expressly authorized by the Client and stipulated in these terms, the Client's use of the Company’s Services does not grant the Company the license to utilize, reproduce, adapt, modify, publish, or distribute Client Data generated by the Client for it's commercial, marketing, or any similar purposes.
The Client explicitly permits the Company to use and analyze aggregated system activity data related to the use of the Services by the Client and its Users. This is done to enhance, optimize, or improve the functioning of Services and to introduce new features and functionality in connection with Services, at the Company’s sole discretion.
As is mentioned in the Privacy Policy, the Company might reveal your data, which may include personally identifiable information, if it has a reason to believe that it is necessary to do so to comply with applicable laws, acts, ordinances, regulations, rules, by-laws, legislations, subpoenas, investigative orders, interim orders, specific performance orders, search warrants, other court orders, investigative procedures or as may be required by a governmental authority or valid legal process. In special situations, the Company may disclose personally identifiable information when we have reason to believe it's essential to identify, contact, or take legal action against someone potentially violating it’s legal charters. The Company is subject to the investigatory and enforcement authority of the Federal Trade Commission (FTC) and other data privacy authorities who may have legislative authority over us due to cross border transfer of data.
Additionally, the Company may be obligated to disclose an individual's personal information in response to a lawful request by public authorities, including requests, demands, court orders, investigations etc. related to national security or law enforcement.
These Terms of Service will be regulated by the legal statutes of Delaware, United States of America. These Services are designed for use in regions where it can be legally accessed. Should any dispute arise concerning your use of the Services, you agree to the jurisdiction being that of Delaware court.
Both parties affirm that they possess the complete authority and capability to enter into this Agreement, and it stands as binding and enforceable for each party. Furthermore, you assert that you hold the authority to ensure that your Affiliates adhere to the terms of this Agreement.
Except for obligations involving payment under this Agreement, neither party will be held accountable for any failure or delay in fulfilling its obligations caused by unforeseeable events beyond its control. These events may include acts of war, hostility, sabotage, acts of God, disruptions in electrical, internet, or telecommunication services not caused by the obligated party, government restrictions, pandemics, or any other event deemed beyond the reasonable control of the party. Both parties will make reasonable efforts to minimize the impact of such unforeseeable events.
Subject to actions for nonpayment or breaches of proprietary rights, neither party may initiate legal action related to this Agreement more than one (1) year after the cause of action initially occurred.
Both parties acknowledge that no joint venture, partnership, employment, or agency relationship exists between them.
We commit to adhering to all applicable U.S. state and federal laws in delivering the Services. We retain the right to disclose information as necessary to comply with any law, regulation, legal process, or governmental request at all times.
You may not assign or transfer this Agreement without our prior written consent, except in cases of assignment to a successor due to merger, reorganization, sale of your assets, change of control, or operation of law, provided that such successor is not a competitor of ours. We hold the right to assign this Agreement to any Affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law, without a prior written consent or notice.