The following terms constitute an agreement between you (“Customer”, “User”, “Your”, or “You”) and Zonka Technologies Private Limited (“Company”) which is the exclusive licensee, manager, and operator of ZonkaFeedback.com Service (“we”, “us” or “our”).
This Agreement (“Terms of Service “, “Agreement”) governs your use of ZonkaFeedback.com site (“Zonka Website”), cloud-based SaaS application and Mobile/Tablet apps distributed directly or through Apple App Store and/or Google Play Store (“Zonka Application” or “Service” or “Services”) as a casual browser, registered user, trial user and/or subscriber (“Authorized Users”) of Services which you access by signing in with an email and password.
Company reserves the right to update and change these Terms of Service without notice.
In order to use these services, you must be:
- Be at least eighteen (18) years old.
- Complete the registration process
- Provide Complete, True and Up to Date Contact Information, to the best of your knowledge
1.1 Free Trial
We may make available the whole or some part of our services to you as a ‘Free Trial’ for a limited period of time. This account and usage will be limited, non-exclusive, non-transferable, revocable for your evaluation only.
1.2 Prerequisites for use of Service
You are solely responsible for procuring any hardware or software or service, or all, that may be required for using our services.
1.3 Modification and Upgradation of Service
We reserve the right to change the Site, the Services, or any features offered at any time on our sole discretion for any purpose, including and not restricted to fixing bugs, correcting errors, improving performance and quality or adding new features and expansion.
1.4 Features in Beta Version
From time to time, we may make available some features that are in “Beta Version”. By the use of these features, you fully agree that these features may not be thoroughly tested, may not be bug free, may not work smoothly and we will not be liable for any issues faced during the use of Features released in “Beta Version”.
2.1 Subscription Fee
Once the free trial is complete, you will be able to continue the use of service after paying a fee called the ‘Subscription Fee’. Failure to pay will result in suspension of the account.
The Fee for the services is as per the plans and billing cycle listed in the Zonka Website and charged in advance or as negotiated for multiple locations, which may not be listed in the website and agreed by both parties in writing.
The Fee for the services depends upon the plan edition chosen, the number of locations, users and device licenses.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only India where Goods & Services Tax or any other taxes, as per the prevailing Government Laws, will be levied.
2.3 Subscription Model
Our Services are billed on a subscription basis. Subscribing to a plan in Zonka will mean that you will be billed in advance on a recurring, periodic basis. These periods are known as the billing cycle. Billing cycles in Zonka are typically monthly or annual, it depends on what subscription plan you select at the time of purchasing.
2.4 Restrictions on Use
Your use of the services and subscriptions will be based on
2.5 Modes of Payment
You can subscribe online through our website using your credit card or chose to do a direct bank transfer against which we will raise an invoice for you or your company. The amount and plan must be pre-decided before you make any such payment. Your plan will be started upon receiving the payment in Zonka Account. Renewal for manual modes will happen a week prior to end of the billing cycle.
Your Subscription will automatically renew at the end of each billing cycle unless you cancel the auto-renewal option from your online Zonka account management page, or by contacting our customer support team.
You may cancel auto-renewal on your Subscription at any time. In that case, your Subscription will continue until the end of that billing cycle before terminating. It is advisable to cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
3. IP and Licensing Rights
The Customer acknowledges and agrees that the Company and/or its licensors own all intellectual property rights in the Services and the Documentation. Except as expressly stated herein, this agreement does not grant the Customer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
The Company confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.
4. Customer’s Responsibilities and Obligations
4.1 Provide True Details
Provide your legal full name, a valid email address, and any other information requested in order to complete the free trial request, registration and on-boarding process for using the Service.
4.2 Compliance with Law
Comply with all applicable laws and regulations with respect to its activities under this agreement.
4.3 Authorised Users Access
Ensure that the Authorised Users use the Services in accordance with the terms and conditions of this agreement and Customer shall be responsible for any Authorised User’s breach of this agreement.
4.4 Specifications Compliance
Ensure that its network, devices and systems comply with the relevant specifications provided by the Company from time to time.
4.5 Hardware Procurement & Maintenance
Solely responsible for procuring and maintaining Devices required to use the Service.
4.6 Account Security
Maintaining the security of your account and password.
4.7 Take responsibility of all content posted and activity that occurs under your account including Authorized Users and Users leaving Feedbacks.
4.8 You must not modify, adapt, copy, clone or hack the Service.
4.9 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
5. Renewals, Upgrading and Downgrading Terms
5.1 The Service is automatically renewed at the end of billing cycle unless Automatic Renewal is unchecked in Account Settings of Zonka Application or specified in writing to the Company.
5.2 You may upgrade/downgrade plans, device licenses, users and location licenses at any point of time using Zonka Application or in writing to the Company.
5.3 All Upgrades come into effect immediately and price is calculated on pro-data basis for the period left in the current billing cycle.
5.4 All Downgrades take in-effect from the next billing cycle. There will be no prorating for downgrades in between billing cycles including reduction in device licenses, users and location licenses.
5.5 Downgrading your Service may cause the loss of features, Device licenses, Users, Location licenses or capacity of your account. The Company does not accept any liability for such loss.
6. Modifications to the Service and Prices
6.1 The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
6.2 Prices of all 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 Zonka Website or the Service itself.
6.3 The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Refund Policy
7.1 The Company allows you to try the Service before paying for it and has No Refund Policy after subscription and payment to the Company.
8. Cancellation and Termination
8.1 You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings in Zonka Application or by a written signed request.
8.2 The Service will remain active until the end of billing cycle for which you have paid for. All your content will be immediately inaccessible from the Service once the account is inactive.
8.3 If you cancel the Service before the end of your current billing cycle, your cancellation will take effect immediately, and you will not be charged again. No refunds will be made for any time left in either of the cases.
8.4 The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service if you are in breach of this agreement or any additional agreed terms in written. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
9.1 We claim no intellectual property rights over the material you provide or upload to the Service. All materials, Data and Content uploaded remain yours.
9.2 The Customer grants a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services.
9.3 The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
9.4 The Service will retain your data as long as your account is active.
9.5 The Company will not be responsible for any deletions of data by you or your users. All such deletions are permanent.
9.6 The Company does not access Customer’s data unless required to provide the Service or Support. Any such access is limited to personnel who require access to provide the Service and/or Support.
9.7 The Company may terminate your account and delete any content contained in it if there is no account activity including log in, payment for over 12 months. We may warn you by email before such an event in order to give you opportunity to keep the account active by logging in or re-subscribing to the Services.
9.8 The Customer may request deletion of data in writing to the Company from the Service. Data Deletion requests will be processed in 10 Calendar Days.
10. Content Backup
10.1 All data is backed up nightly and nightly backup for past 15 days are maintained. Backups older than 15 days are deleted from the server and are not recoverable.
10.2 The backup is used for disaster recovery in case of any loss of data and not restoring data for any individual accounts unless the loss of data is due to error in Service with an exception of any offline data in tablets which is not synchronized on servers.
10.3 In case of termination or cancellation of your account, all data will be permanently deleted from all backups and logs after one year of inactivity. This information cannot be recovered once it has been permanently deleted.
10.4 The Customer is responsible for its own backup and data exports. The Company does not take any responsibility for data loss.
11. Support and Hosting
11.1 Technical support is only provided via email and/or Phone as indicated in the plans you are subscribing for.
11.2 You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. The company reserves the right to change its third party vendors without notice.
11.3 Subscribing to the Service does not include any onsite or remote training other than general online group trainings provided by the Company at its discretion.
12. Application Updates and Maintenance
12.1 The Company reserves the right, from time to time, to modify, update or discontinue, temporarily or permanently, any part of the Service with or without notice. Such updates may include rolling out new features, Improvements, regular maintenance, correcting errors and/or removing features.
12.2 From time to time, Company will perform scheduled maintenance to ensure systems are optimum and any modifications are rolled out. The Service in part or in full may not be available during these times. The Company will take reasonable care to ensure the scheduled maintenance does not disrupt access to Service to whatever extent possible.
13. No Warranties, Limitation of Liability
13.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
13.2 The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13.3 You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
13.4 The terms in this section will be applicable to you whether or not Company, its representatives, Employees, Partners or Resellers have advised of any Services, Features or Offerings by the Company.
13.5 The aggregate liability company, its employees, officers, agents, suppliers, and licensors arising out of or in connection with the service and these terms will not exceed the amounts paid by you to company for use of the service at issue during the 12 months prior to the event giving rise to the liability.
15.1 We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
15.2 The Parties acknowledge and agree that the Service by the Company and its employees, offers, agents, suppliers or licensors shall be as an independent service provider and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
15.3 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee, officer or agents will result in immediate account termination.
15.4 You grant right to Company to disclose use of product by you including use of your logo, name and trademarks on Zonka Website and in other marketing material solely for the purpose of marketing the Service. The Company may disclose such information from the day you start using the Service till up to 12 months after the termination / cancellation of the account.
15.5 Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
15.6 The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
15.7 If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
15.8 Questions about the Terms of Service should be sent to firstname.lastname@example.org.
15.9 This Agreement shall be governed, construed, and enforced in accordance with the laws of the Delhi and India, without regard to its conflict of laws rules.