Master Service Agreement
VIXI TECHNOLOGIES LTD. (“VIXI”)
UPDATED LAST ON June 17th, 2018
1. VIXI TECHNOLOGIES – WHAT DO WE DO?
WE PROVIDE you access to tools, web applications that enables brands and businesses to take advantage of digital communication channels and simplifies the way they communicate with their customers, clients, suppliers and vendors, as well as empower brands to enhance the customer experience they provide by simplifying their customer journey, understand and grow their customer base across mobile, social, and online channels, track their support team performance, access accurate analytics and insights on their professional communications as well as provide integrations with 3rd Party applications they may be using to complete their control over their business communication.
2. TERMS AND CONDITIONS
BY USING ANY OF THE SOFTWARE, APPLICATIONS, OR WEBSITES (COLLECTIVELY, “SERVICES”) OFFERED BY VIXI, YOU (AS THE ACCOUNT HOLDER) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE” OR “AGREEMENT”).
VIXI RESERVES THE RIGHT TO UPDATE AND CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE.
ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE CURRENT SERVICES, INCLUDING THE RELEASE OF NEW TOOLS AND RESOURCES, SHALL BE SUBJECT TO THIS AGREEMENT. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGE(S) SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
By accepting this Agreement, either by accessing or using a Service, or authorizing or permitting any Agent or End-User to access or use a Service, You agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to VIXI TECHNOLOGIES that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Subscriber,” “You,” “Your” or a related capitalized term herein shall refer to such Entity and its Affiliates.
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE ANY OF THE SERVICES, SOFTWARES OR APPLICATIONS.
YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT https://www.vixi.io/terms-conditions/
VIOLATION OF ANY OF THE TERMS AND CONDITIONS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT.
WHILE VIXI PROHIBITS CERTAIN CONDUCT WHILE USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT VIXI CANNOT BE RESPONSIBLE FOR CONTENT POSTED BY YOU OR OTHER USERS OF THE SERVICES (USER CONTENT).
YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK.
When used in this Agreement with the initial letters capitalized, in addition to the terms defined elsewhere in this Agreement, the following terms have the following meanings:
Account: means any accounts or instances created by or on behalf of Subscriber or its Agents within the Services.
Affiliate: means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.
Agent: means an individual authorized to use a Service through Your Account as an agent and/or administrator as identified through a unique login.
API: means the application programming interfaces developed and enabled by VIXI or It’s Technology partners that permit Subscribers to access certain functionality provided by the Services, including, without limitation, the REST API that enables the interaction with the Services automatically through HTTP requests and the application development API that enables the integration of the Services with other web applications.
Associated Services: means products, services, features and functionality designed to be used in conjunction with the Services but not included in the Service Plan to which You subscribe, including, without limitation, integrations and applications created or developed by VIXI or its Affiliates and made available to Your Account Or Available on Our Website which will be governed by this Agreement unless VIXI otherwise communicates a different agreement to You at the time of Your deployment of or access to the integration or application.
For avoidance of doubt, none of the Services or any other product, service, feature or functionality that is expressly stated to be governed by any alternative license, agreement or terms shall be deemed an Associated Service.
Beta Services: means a product, service or functionality provided by VIXI or It’s Affiliates that may be made available to You to try at Your option at no additional charge which is clearly designated as beta, pilot, limited release, non-production, early access, evaluation or by a similar description.
Confidential Information: means all information disclosed by You to VIXI or by VIXI to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to, information relating to VIXI TECHNOLOGIES security policies and procedures.
For purposes of this Agreement, this Agreement as well as Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving Party at the time of disclosure by the disclosing Party; (b) was or is obtained by the receiving Party by a third party not known by the receiving Party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of this Agreement or another valid agreement between the Parties; or (d) was or is independently developed by the receiving Party without use of the disclosing Party’s Confidential Information.
Consulting Services: means consulting and professional services (including any training, success or implementation services) provided by VIXI or its authorized subcontractors as indicated on an Order Form or other written document such as a statement of work “SOW”, as defined below.
Documentation: means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Services or describing Service Plans, as applicable, provided or made available by VIXI to You in the applicable VIXI help center(s); provided, however, that Documentation shall specifically exclude any “community moderated” forums as provided or accessible through such knowledge base(s).
End-User: means any person or entity other than Subscriber or Agents with whom Subscriber or its Agents interact using a Service.
Order Form: means any of Our generated service order forms executed or approved by You with respect to Your subscription to a Service, which form may detail, among other things, the number of Agents authorized to use a Service under Your subscription to a Service and the Service Plan applicable to Your subscription to a Service.
Payment Agent: means VIXI TECHNOLOGIES or a payment agent designated by VIXI.
For example, if You choose to pay for a Service with a credit card or certain other payment instruments in a currency other than the U.S. Dollar, VIXI may designate the Payment Agent to be VIXI TECHNOLOGIES International Limited or a 3rd Party affiliate clearly authorized to collect the payment(s) on behalf of VIXI TECHNOLOGIES – Payment Agent(s) may vary from a region to another; designated by VIXI to facilitate the smoothness of financial transactions for You.
Personal Data: means any information relating to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity.
Personnel: means employees and/or non-employee service providers and contractors of the VIXI engaged by VIXI in connection with performance hereunder.
Processing/To Process/Processed: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
Service(s): means the products and services that are ordered by You online through a link or via an Order Form referencing this Agreement, whether on a trial or paid basis, and made available online by Us, via the applicable subscriber login link and other web pages designated by Us, including, individually and collectively, the applicable Software, updates, API, Documentation, and all applicable Associated Services that You have purchased or deployed or to which You have subscribed (“Deployed Associated Services”) that are provided under this Agreement. “Services” exclude Third Party Services as that term is defined in this Agreement and Associated Services that are not provided under this Agreement.
From time to time the names and descriptions of the Services or any individual Service may be changed. To the extent Subscriber is given access to such Service as so described by virtue of a prior Order Form or other prior acceptance of this Agreement, this Agreement shall be deemed to apply to such Service as newly named or described.
Service Data: means electronic data, text, messages, communications or other materials submitted to and stored within a Service by You, Agents and End-Users in connection with Your use of such Service, which may include, without limitation, Personal Data.
Service Plan(s): means the packaged service plan(s) and the functionality and services associated therewith (as detailed on the Site applicable to the Service) for the Services to which You subscribe.
Site: means a website operated by VIXI TECHNOLOGIES, including www.vixi.io, as well as all other websites that VIXI TECHNOLOGIES operates.
Software: means software provided by VIXI (either by download or access through the Internet) that allows Agents or End-Users to use any functionality in connection with the applicable Service, or Your designated personnel to use for other functionalities described.
Subscription Term: means the period during which You have agreed to subscribe to a Service with respect to any individual Agent, access to a platform or automated service provided by Us.
Supplemental Terms: means the additional terms and conditions that are (a) contained in this Agreement under the Section entitled, “Supplemental Terms and Conditions” which apply and are incorporated into this Agreement with certain Services, features, or functionality; (b) included or incorporated on an Order Form (e.g. when a Deployed Associated Service is purchased); or (c) applicable to Consulting Services when purchased by You.
Third Party Services: means third party products, applications, services, software, networks, systems, directories, websites, databases and information obtained separately by You which a Service links to, or which You may connect to or enable in conjunction with a Service, including, without limitation, Third Party Services which may be integrated directly into Your Account by You or at Your direction.
“We,” “Us” or “Our”: means VIXI as defined below.
VIXI: means VIXI TECHNOLOGIES Inc., a Delaware corporation (OR) AL Taathir Marketing Management, a company incorporated and registered in the United Arab Emirates whose registered office is at, Burlington Tower, P.O. Box 33285, Dubai, United Arab Emirates. (Hereinafter referred to as the ‘Agency’ and/or ‘AlTaathir’), (OR) Socialer Site Agency a KSA Corporation license#2050209067 OR any of its successors or assignees.
VIXI TECHNOLOGIES: means VIXI, Inc., a Delaware Corporation together with all its Affiliates.
3. GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICES
3.1 During the Subscription Term and subject to compliance by You, Agents and End-Users with this Agreement, You have the limited right to access and use a Service consistent with the Service Plan(s) that You subscribe to, together with all applicable Deployed Associated Services, for Your internal business purposes. An Affiliate may receive Services under this Agreement provided that such Affiliate directly enters into an Service Order Form. By entering into a Service Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto.
Subscriber will be responsible for its Affiliates’ compliance with this Agreement.
We will (a) make the Services and Service Data available to You pursuant to this Agreement and the applicable Order Forms; (b) provide applicable standard customer support for the Services to You at no additional charge as detailed on the applicable Site and Documentation and/or upgraded support if purchased; (c) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except (i) during planned downtime for upgrades and maintenance to the Services (of which We will use commercially reasonable efforts to notify You in advance both through Our Site and a notice to Your Account owner and Agents) (“Planned Downtime”); and (ii) for any unavailability caused by circumstances beyond Our reasonable control (Force Majeure), including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, Third Party Services, or acts undertaken by third parties, including without limitation, denial of service attack (“Force Majeure Event”).
3.2 You may not use the Services to provide customer service, support or other outsourced business process services on behalf of more than one third party (other than Affiliates) through a single Account. Without limiting the foregoing, Your right to access and use the API is also subject to the restrictions and policies implemented by VIXI from time to time with respect to the API as set forth in the Documentation or otherwise communicated to You in writing.
3.3 A high speed Internet connection is required for proper transmission of the Services. You are responsible for procuring and maintaining the network connections that connect Your network to the Services, including, but not limited to, “browser” software that supports protocols used by VIXI, including the Transport Layer Security (TLS) protocol or other protocols accepted by VIXI, and to follow procedures for accessing services that support such protocols. We are not responsible for notifying You, Agents or End-Users of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by VIXI TECHNOLOGIES. We assume no responsibility for the reliability or performance of any connections as described in this section.
3.4 In addition to complying with the other terms, conditions and restrictions set forth below in this Agreement, You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than authorized Agents and End-Users in furtherance of Your internal business purposes as expressly permitted by this Agreement; (b) use the Services to Process data on behalf of any third party other than Agents or End-Users; (c) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (d) falsely imply any sponsorship or association with VIXI or VIXI TECHNOLOGIES, (e) use the Services in any unlawful manner, including, but not limited to, violation of any person’s privacy rights; (f) use the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, bulk whatsapp messages, broadcasts, spam messages, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Services to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any Software making up the Services; (j) use the Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Services to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103, unless expressly agreed to otherwise in writing by VIXI TECHNOLOGIES; (l) use the Services to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (m) use or launch any automated system that accesses a Service (i.e., bot) in a manner that sends more request messages to a Service server in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; or (n) attempt to use, or use the Services in violation of this Agreement.
3.5 As between You and VIXI, You are responsible for compliance with the provisions of this Agreement by Agents and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that use of the Services to store and transmit Service Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations You may maintain or enter into with Agents or End-Users. You also maintain all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Agents available under the applicable Service Plan(s) to which You subscribed or applicable Deployed Associated Service, access to and use of the Services is restricted to the specified number of individual Agents permitted under Your subscription to the applicable Service. You agree and acknowledge that each Agent will be identified by a unique username and password (“Login”) and that an Agent Login may only be used by one (1) individual. You will not share an Agent Login among multiple individuals. You and Your Agents are responsible for maintaining the confidentiality of all Login information for Your Account. VIXI TECHNOLOGIES reserves the right to periodically verify that Your use of the VIXI Services complies with the Agreement and the Service Plan restrictions on Our Site. Should VIXI discover that Your use of a VIXI Service(s) is not in compliance with this Agreement or the Service Plan restrictions on Our Site, VIXI reserves the right to charge You, and You hereby agree to pay for, said usage in addition to other remedies available to Us.
3.6 In addition to Our rights as set forth in the previous sections, We reserve the right, in Our reasonable discretion, to temporarily suspend Your access to and use of a Service if We suspect or detect any Malicious Software connected to Your Account or use of a Service by You, Agents or End-Users.
3.7 You acknowledge that VIXI may modify the features and functionality of the Services during the Subscription Term.
3.8 You may not access the Services if You are a direct competitor of the VIXI TECHNOLOGIES, except with VIXI’s prior written consent. You may not access the Services for the purposes of monitoring performance, availability, functionality, or for any benchmarking or competitive purposes.
3.9 If You register for a free trial for any of the Services, We will make such Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered to use the applicable Service(s); (b) the start date of any subscription to such Service purchased by You for such Service(s); or (c) termination of the trial by Us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
Please review the applicable Documentation during the trial period so that You become familiar with the features and functions of the Services under applicable Service Plans before You make Your purchase.
ANY SERVICE DATA YOU ENTER INTO A SERVICE, AND ANY CONFIGURATIONS OR CUSTOMIZATIONS MADE TO A SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS COVERED BY THE TRIAL, PURCHASE THE APPLICABLE SERVICE, OR EXPORT SUCH SERVICE DATA, BEFORE THE END OF THE TRIAL PERIOD.
3.10 From time to time, We may make Beta Services available to You at no charge. You may choose to try such Beta Services in Your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms that will be presented to You. Beta Services are not considered “Services” under this Agreement; however, all restrictions, Our reservation of rights and Your obligations concerning the Service, and use of any Third Party Services shall apply equally to Your use of Beta Services.
Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation.
We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
4. PAYMENT(S), FEES & CANCELLATION TERMS
(A) (i) YOUR CREDIT CARD WILL BE CHARGED FOR ACCESS TO THE SERVICES IN ADVANCE ON A RECURRING MONTHLY, QUARTERLY, SEMI-ANNUALLY OR YEARLY BASIS DEPENDING ON WHICH SERVICE AND PAYMENT TERM YOU HAVE SELECTED OR AGREED TO BY A PROPOSAL PRESENTED BY VIXI.
A full refund for the unused months on the annual plan may be issued if a refund has been requested or the account has been canceled within 14 days of the trial’s expiration date and the number of messages processed on our platform, does not exceed 20,000 in total (Sent & Received) or The number of unique contacts that engaged with your business does not exceed 2,500 – Which condition is met first is to be in effect.
(ii) YOU MAY REQUEST TO PAY VIA WIRE TRANSFER ONLY IF YOU PAY ANNUALLY OR SEMI-ANNUALLY, IN WHICH CASE YOU WILL BE REFERRED TO ONE OF OUR PAYMENT AGENTS TO PROCESS THE TRANSFER.
(B) IF YOU SIGN UP FOR A FREE TRIAL OF A VIXI ACCOUNT, AND YOU DO NOT CANCEL THAT ACCOUNT BEFORE THE EXPIRATION OF THE FREE TRIAL PERIOD, YOUR CREDIT CARD WILL BE BILLED STARTING ON THE DAY AFTER YOUR TRIAL PERIOD EXPIRES FOR THE FULL AMOUNT OWING. VIXI RESERVES THE RIGHT TO CHARGE YOUR CREDIT CARD FOR AMOUNTS OWING IN LESS THAN THE TOTAL AMOUNT OWING UNTIL THE FULL AMOUNT HAS BEEN CHARGED. IF YOU CANCEL THE SERVICES AS PROVIDED FOR HEREIN PRIOR TO THE PROCESSING OF YOUR FIRST AMOUNT OWING, YOUR CREDIT CARD WILL NOT BE CHARGED.
(C) All charges are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in law or enacted or enforced in the future.
(D) FOR ANY UPGRADE OR DOWNGRADE IN PLAN LEVEL, YOUR CREDIT CARD WILL AUTOMATICALLY BE CHARGED THE NEW RATE ON YOUR NEXT BILLING CYCLE. YOUR PLAN AND ACCESS FEES WILL BE ADJUSTED AUTOMATICALLY BASED UPON DATA THRESHOLDS AS SET FORTH IN THE PLAN PRICING. DOWNGRADING YOUR SERVICES MAY CAUSE YOU TO LOSE ACCESS TO CERTAIN CONTENT OR FEATURES OF YOUR ACCOUNT OR THE SERVICES. VIXI DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS – UNLESS COMMUNICATED OTHERWISE BY EMAIL.
(E) PRICES OF ALL SERVICES, INCLUDING BUT NOT LIMITED TO MONTHLY SUBSCRIPTION PLAN FEES FOR SERVICES, ARE SUBJECT TO CHANGE UPON 30 DAYS NOTICE FROM US. SUCH NOTICE MAY BE PROVIDED AT ANY TIME BY POSTING THE CHANGES TO THE VIXI WEB SITE (WWW.VIXI.IO) OR SUCH OTHER METHOD AS CHOSEN BY VIXI AND/OR VIA A SOFTWARE APPLICATION WE OFFER.
(F) VIXI SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF ANY OF THE SERVICES. BY UTILIZING THE SERVICES OF THIS AGREEMENT YOU ACCEPT THE TERMS HEREIN AND AGREE TO WAIVE YOUR RIGHT TO FILE A CLAIM FOR LOSSES, DAMAGES, ETC. AGAINST VIXI AND ITS AFFILIATES FOR ANY SUCH CHANGES.
(G) Unless otherwise stated in Order From provided by VIXI to You , all charges are in U.S. dollars, and all payments must be made in U.S. currency or the equivalent to the announced rates in local currency through the designated payment gateways and payment methods facilitated by VIXI, it’s Agents or its Affiliates.
(H) If you are a resident of the country of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of VIXI’s products and services.
These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such tax amounts are in addition to the charges for such VIXI products and services and will be billed to your provided credit card. If you are exempt from the payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only be applied from and after the date we receive such a certificate.
(I) By accepting this Agreement, either by accessing or using a Service, or authorizing or permitting any Agent or End-User to access or use a Service, You agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to VIXI TECHNOLOGIES that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Subscriber,” “You,” “Your” or a related capitalized term herein shall refer to such Entity and its Affiliates.
YOU AUTHORIZE US, VIXI OR IT’S PAYMENT AFFILIATES TO AUTOMATICALLY CHARGE YOUR CREDIT CARD ON FILE FOR THE SERVICE PLAN YOU CHOOSE, YOUR PLAN WILL AUTOMATICALLY RENEW AT OUR THEN CURRENT RATES UNLESS YOU CANCEL THE SERVICE PRIOR TO THE RENEWAL DATE – UNLESS YOU AND VIXI CLEARLY SIGNED AN AGREEMENT STATING OTHERWISE (MAY BE APPLICABLE ONLY TO ENTERPRISE DEALS)
IN CASE OF FAILURE TO CHARGE YOUR CREDIT CARD ON FILE; YOU WILL RECEIVE A FORMAL NOTIFICATION FROM US STATING IT AND YOU WILL BE REQUIRED TO PROVIDE AN ALTERNATIVE CARD OR IF ACCEPTED IN WRITTEN BY VIXI PROVIDE THE PAYMENT IN OTHER ACCEPTED FORMS.
INCASE OR FAILING TO RENEW YOUR SUBSCRIPTION, VIXI RESERVES THE RIGHT TO DISCONTINUE THE SERVICE, ACCESS TO THE APPLICATIONS SUBSCRIBED TO AND OTHER RELEVANT PURCHASED PRODUCTS.
IF NO PAYMENT WAS PROVIDED BY YOU WITHIN 14 DAYS OF YOUR RENEWAL DATE, VIXI RESERVES THE RIGHT TO PERMANENTLY CANCEL YOUR ACCOUNT AND WIPE ALL DATA RELEVANT TO YOUR ACCOUNT FROM ITS SERVERS.
(J) CANCELLATION AND TERMINATION
IF YOU CANCEL THE SERVICES BEFORE THE END OF YOUR CURRENT PAID UP MONTH, YOUR CANCELLATION WILL TAKE EFFECT IMMEDIATELY. HOWEVER, THE VIXI APPLICATIONS WILL REMAIN FUNCTIONAL THROUGH THE END OF YOUR CURRENT MONTHLY BILLING PERIOD.
VIXI, IN ITS SOLE DISCRETION, HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES, OR ANY OTHER VIXI SERVICES, FOR ANY REASON AT ANY TIME.
VIXI RESERVES THE RIGHT TO REFUSE TO PROVIDE ANY OF THE SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
MONTHLY & QUARTERLY CONTRACTS:
You may cancel your plan at any moment by sending us an email at least 48 hours before your billing cycle date.
No refunds will be processed for monthly subscriptions and you may use the service till the end of the payment term.
SEMI-ANNUAL & ANNUAL CONTRACTS:
You may cancel Your your subscription within the first 14 Days of activating your service, and you may receive a full refund for the paid term. After the first 14 Days of the service you may cancel your subscription at any moment via sending Us an Email; A 1 Month worth of service shall apply as a cancellation fee in addition to the time used till the cancellation request has been received and a refund of the remaining unused time will be processed by Us to Your Card on File or via wire-transfer depending on your payment method.
If no cancellation notice was presented by You to Us via email before the end of term your semi-annual or Annual plan will renew at our then current rates; you may then cancel your subscription within the first 7 days of service of the new term free of cancellation charges.
4. GRANT OF A LIMITED LICENSE TO USE THE SERVICES
YOU ACKNOWLEDGE THAT IN PROVIDING THE SERVICES, VIXI USES DOCUMENTS, SOFTWARE AND OTHER WORKS OF AUTHORSHIP, AND OTHER TECHNOLOGY, SOFTWARE, HARDWARE, PRODUCTS, PROCESSES, ALGORITHMS, USER INTERFACES, KNOW-HOW AND OTHER TRADE SECRETS (COLLECTIVELY THE VIXI TECHNOLOGY) AND THAT THE VIXI TECHNOLOGY IS COVERED BY INTELLECTUAL PROPERTY RIGHTS OWNED OR LICENSED BY VIXI. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO LICENSE OR OTHER RIGHTS IN THE VIXI TECHNOLOGY ARE GRANTED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE EXPRESSLY RESERVED. YOU AGREE NOT TO MODIFY, CREATE DERIVATIVE WORKS OF, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE THE SERVICES OR OTHERWISE RECREATE OR GAIN ACCESS TO THE SOURCE CODE OF THE SERVICES.
YOU FURTHER AGREE NOT TO (a) LICENSE, SUBLICENSE, TRANSFER, ASSIGN, DISTRIBUTE, OR OTHERWISE COMMERCIALLY EXPLOIT; OR (b) ACCESS THE SERVICES IN ORDER TO (i) BUILD A COMPETITIVE PRODUCT OR SERVICE, (ii) BUILD A PRODUCT USING SIMILAR IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OR (iii) COPY ANY IDEAS, FEATURES FUNCTIONS OR GRAPHICS OF THE SERVICES.
5. COPYRIGHT AND CONTENT OWNERSHIP
(B) WE CLAIM NO INTELLECTUAL PROPERTY RIGHTS OVER THE MATERIAL OR CONTENT YOU SUBMIT, POST OR DISPLAY, ON OR THROUGH THE SERVICES.
YOUR ACCOUNT INFORMATION AND THE MATERIALS OR CONTENT YOU UPLOAD WHILE USING THE SERVICES REMAIN YOURS.
BY USING OUR SERVICES TO COMMUNICATE WITH INDIVIDUALS, USERS, OR YOUR CUSTOMERS THROUGH WHATSAPP, FACEBOOK, TWITTER, OR OTHER SOCIAL MEDIA SITES AND COMMUNICATION CHANNELS, AND AGREEING TO THESE TERMS OF SERVICE, YOU GRANT VIXI THE NON-EXCLUSIVE RIGHT AND LICENSE TO USE CAPTURED STATISTICS FOR ANONYMOUS DATA FOR THE SOLE PURPOSE OF IMPROVING ITS APPLICATIONS AND SERVICES.
(D) UNLESS WRITTEN PERMISSION IS PROVIDED BY VIXI, NOTHING IN THIS AGREEMENT GIVES YOU A RIGHT TO USE ANY OF VIXI TRADE NAMES, TRADEMARKS, SERVICES MARKS, LOGOS, DOMAIN NAMES, OR OTHER DISTINCTIVE BRAND NAMES.
(E) VIXI IS THE COPYRIGHT OWNER OF ALL CONTENT ON THE WWW.VIXI.IO SITE AND/OR ANY OF DOMAIN NAMES THAT IS REGISTERED BY VIXI TECHNOLOGIES LTD OR ITS AFFILIATES.
ALL RIGHTS RESERVED. YOU MAY NOT DUPLICATE, COPY, OR REUSE ANY PORTION OF THE HTML/CSS OR VISUAL DESIGN ELEMENTS OF THE WWW.VIXI.IO AND/OR ANY OF DOMAIN NAMES THAT IS REGISTERED BY VIXI TECHNOLOGIES LTD. SITE WITHOUT EXPRESS WRITTEN PERMISSION FROM VIXI.
7. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS
VIXI WILL PROCESS AND INVESTIGATE PROPER NOTICES OF ALLEGED COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT RELATED TO MATERIAL ON ITS WEBSITES OR SERVERS AND WILL RESPOND APPROPRIATELY WHERE APPROPRIATE, AND REGARDLESS OF THE MERITS OF THE ALLEGED INFRINGEMENT, OUR RESPONSE MAY INCLUDE REMOVING OR DISABLING ACCESS TO MATERIAL CLAIMED TO BE THE SUBJECT OF INFRINGING ACTIVITY. IF WE REMOVE OR DISABLE ACCESS IN RESPONSE TO SUCH A NOTICE, WE MAY NOTIFY THE OWNER OR ADMINISTRATOR OF THE AFFECTED ACCOUNT SO THAT HE OR SHE CAN MAKE A COUNTER NOTIFICATION. VIXI WILL, FOLLOWING APPROPRIATE INVESTIGATION, TERMINATE OR DISABLE ACCESS BY REPEAT INFRINGERS.
MISREPRESENTATIONS MADE IN YOUR NOTICE REGARDING WHETHER MATERIAL OR ACTIVITY IS INFRINGING MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES).
PLEASE SEE VIXI.IO/PRIVACY-POLICY FOR MORE DETAILS.
This Policy details our commitment to protecting the privacy of individuals who visit our Websites (“Website Visitors”), who register to use the products and services which we market for subscription (available at vixi.io (the “Service(s)”, or who attend or register to attend sponsored events or other events at which the VIXI TECHNOLOGIES participates (“Attendees”). For the purposes of this Policy, the term, “Websites”, shall refer collectively to vixi.io as well as the other websites that VIXI TECHNOLOGIES operates and that link to this Policy.
8.2. Scope Of This Policy
In addition to the Websites that link to this Policy, this Policy applies to the following:
ALL IN ONE PLATFORM, CONNEXEASE.COM, BI.VIXI.IO, AIO.VIXI.IO or Other websites, platforms or web applications operated by VIXI Technology which are online applications, platforms, softwares or tools for an on-demand web applications utilized in conjunction with some of the Services.
In this Policy, personal information means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, and online identifier or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity. The use of information collected through our Service shall be limited to the purpose of providing the Service for which the Subscribers has engaged.
Our Websites may contain links to other websites and the information practices and the content of such other websites are governed by the privacy statements of such other websites. We encourage you to review the privacy statements of any such other websites to understand their information practices.
With the exception of Account Information (as defined below) and other information we collect in connection with your registration or authentication into our Services (as defined below), this Policy does not apply to our security and privacy practices in connection with your access to and use of the Services. These security and privacy practices, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”), are detailed in and governed by our Master Subscription Agreement, available here, or such other applicable agreement between you and any member of the VIXI TECHNOLOGIES relating to your access to and use of such Services (collectively referred to as the “Service Agreement”).
Subscribers to our Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations, relating to the collection of personal information in connection with the use of our Services by individuals (also referred to as “data subjects”) with whom our Subscribers interact. If you are an individual who interacts with a Subscriber using our Services, then you will be directed to contact our Subscriber for assistance with any requests or questions relating to your personal information.
We collect information under the direction of our Subscribers, and have no direct relationship with individuals whose personal information we process in connection with our Subscriber’s use of our Services. If you are an individual who interacts with a Subscriber using our Services (such as a customer of one of our Subscribers) and would either like to amend your contact information or no longer wish to be contacted by one of our Subscribers that use our Services, please contact the Subscriber that you interact with directly.
We may transfer statistical information related to usage behavior and usage pattern of our applications to companies that help us provide our Services for analytical purposes with total anonymity of individuals and personal information. Transfers to subsequent third parties for these purposes are governed by the Service Agreements with our Subscribers.
An example of these companies are Google (Analytics), Mixpanel and others.
We shall never commercially sell personal information to any parties or contact individuals for commercial business, all personal information we collect remain under control of our subscribers and they may request a total wipe out of the records at any moment.
8.3. Information That You Provide To Us
Account and Registration Information:
We ask for and may collect personal information about you such as your name, address, phone number, email address, instant messaging ID, and credit card information, as well as certain related information like your company name and website name, when you register for an account to access or utilize one or more of our Services (an “Account”). We also ask for and collect personal information such as an email address and a name or alias from any individual that you authorize to log into and utilize our Services in connection with Your Account.
If you sign-up for a free trial Account, you are not required to enter your credit card information unless and until you decide to continue with a paid subscription to our Services. A third-party intermediary is used to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information for any purpose except for credit card processing on our behalf.
We refer to any information described above as “Account Information” for the purposes of this Policy. By voluntarily providing us with Account Information, you represent that you are the owner of such personal data or otherwise have the requisite consent to provide it to us.
We ask for and may collect personal information from you when you submit web forms on our Websites or as you use interactive features of the Websites, including, participation in surveys, contests, promotions, sweepstakes, requesting customer support, or otherwise communicating with us.
We ask for and may collect personal information such as your name, address, phone number and email address when you register for or attend a sponsored event or other events at which any member of VIXI TECHNOLOGIES participates.
When you download and use our Services, we automatically collect information on the type of device you use, and operating system version.
8.4. Information That We Collect From You on our Websites
Cookies and Other Tracking Technologies:
Web beacons, tags and scripts may be used on our Websites or in email or other electronic communications we send to you. These assist us in delivering cookies, counting visits to our Websites, understanding usage and campaign effectiveness and determining whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our third-party service providers on an individual and aggregated basis.
As is true with most websites and services delivered over the Internet, we gather certain information and store it in log files when you interact with our Websites and Services. This information includes internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, and system configuration information. Occasionally, we connect personal information to information gathered in our log files as necessary to improve our Websites and Services. In such a case, we would treat the combined information in accordance with this Policy.
We collect analytics information when you use the Websites to help us improve them. We may also share anonymous data about your actions on our Websites with third-party service providers of analytics services.
8.5. Information Collected From Other Sources
Social Media Widgets:
The Websites include social media features, such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our Websites. These features may collect your Internet protocol address, which page you are visiting on the Websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Websites. Your interactions with these features are governed by the privacy statement of the companies that provide them.
Information From Third Party Services:
We may also obtain other information, including personal information, from third parties and combine that with information we collect through our Websites. For example, we may have access to certain information from a third party social media or authentication service if you log into our Services through such a service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third party social media or authentication service is in accordance with the authorization procedures determined by that service. By authorizing us to connect with a third party service, you authorize us to access and store your name, email address(es), current city, profile picture URL, and other personal information that the third party service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on these third party services to understand and change the information sent to us through these services. For example, you can log in to the Services using sign-in services such as Facebook Connect or an Open ID provider, as further described below.
You can log into certain Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you with the option to share certain personal information (such as your name and email address) with us, and pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities in the Services to your profile page to share with others within your network.
8.6. How We Use Information That We Collect
We may use the information we collect about you (including personal information, to the extent applicable) for a variety of purposes, including to (a) provide, operate, maintain, improve, and promote the Services; (b) enable you to access and use the Services; (c) process and complete transactions, and send you related information, including purchase confirmations and invoices; (d) send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages; (e) send promotional communications, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events; and provide other news or information about us and our partners. You can opt-out of receiving marketing communications from us by contacting us at firstname.lastname@example.org or following the unsubscribe instructions included in our marketing communications; (f) process and deliver contest or sweepstakes entries and rewards; (g) monitor and analyze trends, usage, and activities in connection with the Websites and Services and for marketing or advertising purposes; (h) investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities; (i) personalize the Websites and Services, including by providing features or advertisements that match your interests and preferences; and (j) for other purposes for which we obtain your consent.
8.7. Sharing Of Information Collected
Third-Party Service Providers:
We share information, including personal information, with our third-party service providers that we use to provide hosting for and maintenance of our Websites, application development, backup, storage, payment processing, analytics and other services for us. These third-party service providers may have access to or process your personal information for the purpose of providing these services for us. We do not permit our third-party service providers to use the personal information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.
Compliance with Laws and Law Enforcement Requests; Protection of Our Rights:
In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Service Agreement, or as otherwise required by law.
From time to time, we may post testimonials on the Websites that may contain personal information. We obtain your consent to post your name along with your testimonial. If you wish to update or delete your testimonial, you can contact us at email@example.com
If you choose to use our referral service to tell a friend about our products and services, we will ask you for your friend’s name and email address. We will automatically send your friend an email inviting him or her to visit the Websites and will store this information for the purpose of sending this initial email, tracking the success of our referral program and other marketing activities. Your referral may contact us at firstname.lastname@example.org to request that we remove his/her information from our database.
The Websites may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features (“Interactive Areas”). You should be aware that any information that you post in an Interactive Area might be read, collected, and used by others who access it. To request removal of your personal information from an Interactive Area, contact us at email@example.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
With Your Consent:
We may also share personal information with third parties when we have your consent to do so.
8.8. Communications Preferences
We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non- transactional communications by clicking on the “unsubscribe” link located on the bottom of our marketing emails or you may send a request to firstname.lastname@example.org.
8.9.1 How Long We Retain Your Personal Information:
For personal information that we process on behalf of our Subscribers, we will retain such personal information in accordance with the terms of our agreement with them, subject to applicable law.
Since our inception, VIXI’s (and it’s affiliates) approach has been anchored with a strong commitment to privacy, security, compliance and transparency. This approach includes supporting our customers’ compliance with EU data protection requirements, including those set out in the General Data Protection Regulation (“GDPR”), which becomes enforceable on May 25, 2018.
If a company collects, transmits, hosts or analyzes personal data of EU citizens, GDPR requires the company to use third-party data processors who guarantee their ability to implement the technical and organizational requirements of the GDPR. To further earn our customers’ trust, our DPA has been updated to provide our customers with contractual commitments regarding our compliance with applicable EU data protection law and to implement additional contractual provisions required by the GDPR. Our contractual commitments guarantee that customers can:
Respond to requests from data subjects to correct, amend or delete personal data.
Be made aware of and report personal data breaches to relevant supervisory authorities and data subjects in accordance with GDPR timeframes.
Demonstrate their compliance with the GDPR as pertaining to VIXI Technologies Services.
VIXI’s GDPR Product Readiness
The General Data Protection Regulation (GDPR), which goes into effect on May 25, 2018, provides data subjects with an array of privacy rights, which provide individuals with greater transparency into and control over uses of their personal information.
At this point, you may be asking how VIXI’s products align with these privacy rights and where you can learn more about the features and functionality made available in VIXI’s products that support a GDPR compliance program.
VIXI’s Product called All in One is a customer support application which allows VIXI’s clients to deal, interact and engage with their audience and customers that initiate contact from several 3rd party channels like Facebook Messenger, Whatsapp, Email, Telegram and other popular internet services.
VIXI only stores client’s customers data securely on the cloud on behalf of it’s clients and does not utilize the data in any means other than those mentioned in our master-service-agreement (publicly available on our website on this link https://vixi.io/master-service-agreement).
VIXI stresses and informs all of it’s clients that it is their sole responsibility to make sure their customers are fully aware and give their consent on how they collect and store their data, if an individual or a concerned party reaches out VIXI inquiring about if their data is stored on not on our cloud we will fully grant full right to the original data owner to learn about what information is stored and wipe it out upon request after verifying the data ownership.
Please check annex 8.10. (Your privacy rights) in our full master service agreement.
Concerned individuals or parties may reach us out on email@example.com
The client(s) of VIXI and the users of it’s product(s) are considered owners of the data collected and stored, none of VIXI’s employees or it’s 3rd party providers have access to read or change the data.
VIXI’s clients and users may request a data export or complete deletion at any given points.
8.10. Your Privacy Rights
Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at firstname.lastname@example.org. Subscribers to our Services may update or change their Account Information by editing their profile or organization record or by contacting email@example.com for more detailed instructions. To make a request to have personal information maintained by us returned to you or removed, please email Us. Requests to access, change, or remove your information will be handled within thirty (30) days.
An individual who seeks access to, or who seeks to correct or, amend inaccuracies in, or delete personal information stored or processed by us on behalf of a Subscriber should direct his/her query to the Subscriber (the data controller). Upon receipt of a request from one of our Subscribers for us to remove the data, we will respond to their request within thirty (30) days. We will retain personal information that we store and process on behalf of our Subscribers for as long as needed to provide the Services to our Subscribers. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
If you are a Subscriber or otherwise provide us with personal information in connection with your use of our Websites or Services, we will delete this information upon your request, provided that, notwithstanding such request, this information may be retained for as long as you maintain an account for our Services, or as needed to provide you with our Services, comply with our legal obligations, resolve disputes and enforce our agreements.
Additional Rights for EEA and Certain Other Territories:
If you are from certain territories (such as the EEA), you may have the right to exercise additional rights available to you under applicable laws, including:
Right of erasure: In certain circumstances, you may have a broader right to erasure of personal information that we hold about you – for example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Right to object to processing: You may have the right to request that VIXI stop processing your personal information and/or to stop sending you marketing communications.
Right to restrict processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is inaccurate or unlawfully held).
Right to data portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.
If you would like to exercise such rights, please contact us at email@example.com. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.
You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
8.11. Children’s Personal Information
We do not knowingly collect any personal information from children under the age of 13. If you are under the age of 13, please do not submit any personal information through our Websites or Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through the Websites or Services without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us through the Websites or Services, please contact us at firstname.lastname@example.org, and we will use commercially reasonable efforts to delete that information.
8.12. Business Transactions
We may assign or transfer this Policy, as well as your account and related information and data, including any personal information, to any person or entity that acquires all or substantially all of our business, stock or assets, or with whom we merge.
8.13. Supplemental Terms and Conditions for Certain Regions
If you are a Subscriber to our Services, you agree that you are responsible for notifying your customers using our Services about how VIXI TECHNOLOGIES may use your customers’ personal information as described in this Policy and for obtaining prior consent from your customers to disclose their personal information to us.
Personal information collected, stored, used and/or processed by VIXI TECHNOLOGIES, as described in this Policy, is collected, stored, used and/or processed in accordance with Brazilian Law No. 12,965/2014. Those individuals who use or access our Website or Services expressly consent to the collection, use, storage and processing of their personal information by us for the purposes described in this Policy.
Personal information collected, stored, used and/or processed by VIXI TECHNOLOGIES, as described in this Policy, is collected, stored, used and/or processed in compliance with the Australian Privacy Act 1988 (Commonwealth) and the Australia Privacy Principles as we further detail here.
If you are dissatisfied with our handling of a complaint or do not agree with the resolution proposed by us, you may make a complaint to the Office of the Australian Information Commissioner (“OAIC”) by contacting the OAIC using the methods listed on their website at http://www.oaic.gov.au. Alternatively, you may request that we pass on the details of your complaint to the OAIC directly.
Personal information collected, stored, used and/or processed by VIXI TECHNOLOGIES,, as described in this Policy, is collected, stored, used and/or processed in compliance with New Zealand’s Privacy Act 1993 and its 12 Information Privacy Principles (“NZ IPPs”) as we further detail here.
Personal information collected, stored, used and/or processed by VIXI TECHNOLOGIES, as described in this Policy, is collected, stored, used and/or processed in compliance with the VIXI TECHNOLOGIES obligations under the Personal Data Protection Act 2012 of Singapore (“PDPA”) as we further detail here.
8.14. Changes To This Policy
If there are any material changes to this Policy, you will be notified by our posting of a prominent notice on the Websites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Websites or the Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Websites and the Services.
8.15. Contact Us
If you have questions regarding this Policy or about the VIXI TECHNOLOGIES privacy practices, please contact us by email at email@example.com
8.16. English Version Controls
Non-English translations of this Policy may be provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
WE MAY USE COOKIE TECHNOLOGY TO TRACK OR RECORD INFORMATION ABOUT OUR WEBSITE VISITORS. A COOKIE IS A SMALL AMOUNT OF DATA, WHICH OFTEN INCLUDES AN ANONYMOUS UNIQUE IDENTIFIER, WHICH IS SENT TO YOUR BROWSER FROM A WEBSITE’S COMPUTERS AND STORED ON YOUR COMPUTER’S HARD DRIVE. WE REQUIRE THE USE OF COOKIE TECHNOLOGY SO THAT WE CAN PRESENT THE CORRECT INFORMATION TO USERS AS THEY MOVE FROM ONE SCREEN TO ANOTHER.
10. TERMINATION OF AGREEMENT
YOU AND VIXI MAY TERMINATE THESE TERMS AND YOUR USE OF THE VIXI PRODUCT AND SERVICES AT ANY TIME. IF YOU TERMINATE YOUR USE OF THE VIXI SERVICES, AND IF APPLICABLE, YOU MUST PAY THE FEES APPLICABLE FOR THE BALANCE OF THE THEN CURRENT BILLING PERIOD. WHEN YOUR VIXI ACCOUNT IS TERMINATED, YOUR USER CONTENT WILL, SHORTLY THEREAFTER, NOT APPEAR ON THE VIXI PRODUCT AND SERVICES, EXCEPT FOR USER CONTENT SUBMITTED TO OUR BLOG, WHICH MAY REMAIN ON THE VIXI PRODUCT AND SERVICES AFTER TERMINATION. YOU ACKNOWLEDGE AND AGREE THAT VIXI HAS NO OBLIGATION TO MIGRATE OR PROVIDE ASSISTANCE IN MIGRATION OF DATA FROM VIXI. NOTWITHSTANDING THE FOREGOING, VIXI SUPPORT MAY HELP USERS WITH THE TRANSFER OF ANY STORED DATA UPON REQUEST.
11. USE OF VIXI PRODUCT AND SERVICES
BY USING ANY INTERACTIVE AREAS, YOU EXPRESSLY AGREE NOT TO POST, UPLOAD TO, TRANSMIT, DISTRIBUTE, STORE, CREATE, OR OTHERWISE PUBLISH THROUGH THE VIXI PRODUCT AND SERVICES ANY OF THE FOLLOWING:
CONTENT THAT, IN THE SOLE JUDGMENT OF VIXI, IS OBJECTIONABLE OR WHICH RESTRICTS OR INHIBITS ANY OTHER PERSON FROM USING OR ENJOYING THE INTERACTIVE AREAS OR THE VIXI PRODUCT AND SERVICES, OR WHICH MAY EXPOSE VIXI OR ITS AFFILIATES OR ITS USERS TO ANY HARM OR LIABILITY OF ANY TYPE.
ANY MESSAGE, DATA, OR OTHER MATERIAL THAT IS UNLAWFUL, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, INDECENT, LEWD, SUGGESTIVE, HARASSING, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, INFLAMMATORY, FRAUDULENT, OR OTHERWISE OBJECTIONABLE.
CONTENT THAT WOULD CONSTITUTE, ENCOURAGE OR PROVIDE INSTRUCTIONS FOR A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY, OR THAT WOULD OTHERWISE CREATE LIABILITY OR VIOLATE ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW.
CONTENT THAT MAY INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT OF ANY PARTY.
THAT VIXI IS NOT RESPONSIBLE OR LIABLE FOR THE FAILURE OF ANY OF YOUR CUSTOMERS (OR ANY THIRD-PARTY) TO COMPLY WITH THE RULES, TERMS, CONDITIONS, POLICIES, AND APPLICABLE LAWS, RULES, OR REGULATIONS GOVERNING ANY PROMOTION.
THAT VIXI DOES NOT SPONSOR, ADMINISTER, OR ENDORSE, AND IS THEREFORE NOT LIABLE FOR, THE CONTENT OF ANY PROMOTION, PRODUCT DATA, OR MEDIA DISTRIBUTED THROUGH THE SITE OR ITS APPLICATIONS.
THAT VIXI IS NOT RESPONSIBLE OR LIABLE FOR YOUR CUSTOMERS’ USE OR DISTRIBUTION OF INFORMATION YOU PROVIDE.
THAT VIXI MERELY FACILITATES THE DISTRIBUTION OF PROMOTIONS, PRODUCT DATA, AND MEDIA AND UNDERSTAND THAT THE SITE PROVIDES NO SAFEGUARDS ENSURING THAT YOUR PROMOTIONS AND MEDIA COMPLY WITH ANY LAW, RULE, REGULATION, OR POLICY.
THAT YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMMUNICATION, PRODUCT DATA, OR MEDIA COMPLIES WITH ANY APPLICABLE LAW, RULE, OR REGULATION AND AGREE TO COMPLY WITH ALL STATEMENTS AND PROMISES MADE TO YOUR CUSTOMERS.
YOU INDEMNIFY, DEFEND, AND HOLD HARMLESS VIXI AND ITS AFFILIATES, AND SUBSIDIARIES; AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING FROM YOUR USE OF THE SERVICES. YOUR INDEMNIFICATION INCLUDES, WITHOUT LIMITATION, ALL CLAIMS RELATED TO THE POSTING OR REMOVAL OF CONTENT, USER CONTENT, OR ENTRIES TO OR FROM THE SITE. VIXI WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.
12. PROVIDING A RELIABLE AND SECURE SERVICE
VIXI STRIVES TO OFFER AND MAINTAIN A RELIABLE AND SECURE ENVIRONMENT FOR YOUR DATA. THE INTERNET IS AN INHERENTLY INSECURE MEDIUM, AND THE RELIABILITY OF HOSTING SERVICES CANNOT BE ASSURED. WHEN YOU USE THE VIXI PRODUCTS AND SERVICES, YOU ACCEPT THESE RISKS, AND THE RESPONSIBILITY FOR CHOOSING TO USE A TECHNOLOGY THAT DOES NOT PROVIDE PERFECT SECURITY OR RELIABILITY. IN PARTICULAR, ACCOUNT HOLDERS WHO CHOOSE TO PROVIDE CREDIT CARD INFORMATION ON THIS VIXI PRODUCT AND SERVICES ACCEPT THESE RISKS TO THE SECURITY OF THAT CREDIT CARD INFORMATION. ULTIMATELY, CREDIT CARD DATA IS PROVIDED BY ACCOUNT HOLDERS AND ACCOUNT HOLDERS ARE RESPONSIBLE FOR ITS PROTECTION.
14. WARRANTY DISCLAIMER
VIXI TECHNOLOGIES PRODUCT AND SERVICES, THE CONTENT PROVIDED BY ALL SITES OWNED BY VIXI ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM VIXI OF ANY KIND, EITHER EXPRESS OR IMPLIED.
15. LIMITATION OF LIABILITY; INDEMNITY
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST VIXI, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE VIXI PRODUCT AND SERVICES.
16. PROHIBITED USAGE
You may not:
SEND ANY EMAILS THAT VIOLATE CAN-SPAM LAWS
SEND ANY EMAILS FROM CANADA OR TO CANADIAN RESIDENTS THAT VIOLATE CASL LAWS
YOU WILL STRICTLY USE WHATSAPP FOR THE PURPOSE OF PROVIDING CUSTOMER SUPPORT TO YOUR CUSTOMERS.
By “spam,” we mean the definition on the Spamhaus website. In short, spam is “unsolicited bulk email or messages.
You are solely responsible for the activity that occurs on your account.
VIXI TECHNOLOGIES PUTS BEST EFFORTS IN TECHNICALLY PREVENTING IT’S SUBSCRIBERS FROM CONDUCTING SPAMMY / ABUSIVE BEHAVIOR.
YOU SPECIFICALLY ACKNOWLEDGE THAT VIXI SHALL NOT BE LIABLE FOR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
By using VIXI, you represent and warrant that you meet all the requirements listed above, and that you won’t use VIXI in a way that violates any laws or regulations. VIXI may refuse service, close accounts of any users, and change eligibility requirements at any time.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.