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Ephanti Inc (“Ephanti”) is a company incorporated under the provisions of the General Corporation Law of the State Delaware and has its registered office at 16192 Coastal Highways, in the city of Lewes, County of Sussex, 19958, State of Delaware, United State of America. Ephanti is in business to provide websites, products and services that connect businesses and customers through messaging platforms for customer service, sales, marketing, and other uses by Ephanti’s customers (collectively “Ephanti Services”).
1. Applicability of the Terms
1.1 The Terms of Use (“Terms”) herein sets out the terms and conditions for availing the Ephanti Services offered by Ephanti by using the software and website that may be published on www.ephanti.com or by Ephanti from time to time. (“Website”).
1.2 You hereby agree and acknowledge that by accessing or using the Ephanti Services, you hereby expressly confirm that you have read, understood and agree to comply with and be bound by the Terms.
1.3 In the event you do not agree to any or all of the Terms, you are requested to not access and use any of the Ephanti Services offered by Ephanti or the Website.
1.4 You understand that Ephanti may amend the Terms related to the Ephanti Services from time to time as it may deem fit and necessary. Any amendment to the Terms shall be effective upon Company’s posting of such updated Terms on the Website and there shall not be any specific notice for the same, and you agree to be updated with the latest amendments, alteration or modifications, so made by Ephanti in the Terms.
2. Registration
2.1 Wherever applicable, you agree to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the Ephanti Services. You shall identify a username and password and provide the requisite information, if required, for creating your Account on the Website.
2.2 You agree and acknowledge that you shall:
2.3 You agree and acknowledge that any and all activity undertaken by you from the Account shall be your sole responsibility and Ephanti shall not be responsible or liable for the same in any manner towards you or any other third-party.
2.4 In the event, Ephanti finds the information, so provided by you, to be untrue, inaccurate, outdated, or incomplete, then it shall be entitled to terminate your Account and refuse current or future use of any and/or all of the Ephanti Services and you shall be liable to indemnify and hold harmless Ephanti and/or its affiliates, directors, employees, and agents to the extent of the loss incurred.
2.5 Ephanti will not be liable for any loss or damage arising from the failure on your part to comply with the provision of these Terms. Further, you agree to indemnify and hold Ephanti and/or its affiliates, directors, employees, and agents harmless from any claims or damages suffered by Ephanti and/or its affiliates, directors, employees, and agents due to any use of the Account.
3. Eligibility to use the Ephanti Services
3.1 You will be eligible to use the Ephanti Services only by registering with Ephanti and fulfilling the following qualifications:
4. Pricing and Payment for Ephanti Services
4.1 Any payments due to Ephanti for the Ephanti Services may be paid online via credit card, debit card, net banking, Unified Payment Interface (“UPI”) and/or through multiple online payment wallets such as Apple Pay, Google Pay, Paytm, et cetera.
4.2 You acknowledge that your payments shall also be governed by the terms and conditions of the respective payment methods/payment gateways.
4.3 You understand and agree that the details (whether of debit card, credit card, net banking, UPI payment or payment through online wallets) provided by you to make payments and transact on Website shall be correct, accurate and shall be owned by you.
4.4 In the event you use payment details belonging to any third party, then, you confirm that you have been authorized to or expressly permitted by such third party to use the said details/payment mode for making payments.
4.5 Ephanti will not be liable for any payment fraud including any credit card/debit card fraud. The liability for use of a payment mode fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
4.6 In addition to all other remedies available under law and equity and as detailed herein, Ephanti reserves the right to recover the cost of servicing, collection charges, attorney’s charges, etcetera from you in case of Ephanti suffers any loss or claim. Further, Ephanti reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of the Terms.
5. Privacy Policy
5.1 Ephanti respects your privacy and has accordingly formulated a privacy policy, in compliance with the applicable laws (the “Privacy Policy”).
5.2 The use of any personal information shall be governed by the Privacy Policy as provided on this Website and amended from time to time.
5.3 Kindly click here to access the Privacy Policy of Ephanti.
6. Third Party Links
6.1 Ephanti may include links to other websites or applications that are not owned or operated by Ephanti. Ephanti does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links.
6.2 The Third-Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of Ephanti.
6.3 You are responsible for taking the necessary precautions to protect yourself and your mobile devices, computer and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links.
6.4 Ephanti disclaims any responsibility for any harm resulting from your access or use of these Third-Party Links.
7. Restrictions on Use
7.1 You shall not use the Ephanti Services provided by the Website or software for any unlawful purpose or in violation of any applicable laws.
7.2 You shall not infringe the copyright, trademark, trade secret or other intellectual property rights of Ephanti or any third party or violate the privacy or other personal rights of Ephanti or any third party.
7.3 You shall not post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to Ephanti or any other person, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
7.4 You shall not post any content that is false or misleading; or that harasses or advocates harassment of another person.
7.5 You are also prohibited from violating the security of the Website/Software and disassemble, decompile or otherwise reverse engineer the software of the Website or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the software of the Website.
7.6 In case of any violations of system or network security, Ephanti shall be entitled to take actions in accordance with the applicable laws including filing any civil or criminal suit in the appropriate court.
8. Remedies
8.1 In the event, you are found to have violated any of the Terms, Ephanti reserves the right to do any or all of the following:
8.1.1 terminating your registration and / or blocking you from using the Ephanti Services and the Website;
8.1.2 if required, take support from law enforcement authorities to take necessary legal action, including filing a case or complaint; or
8.1.3 seek compensation to the extent of loss caused to Ephanti.
8.2 You acknowledge that in no event shall Ephanti be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Ephanti Services.
9. Security
9.1 Ephanti acknowledges that it employs industry standard security protocol and/or reasonable security standards as per the laws governing information technology and/or data protection and privacy to ensure that the information that is stored, transmitted or transferred through the Ephanti Services is protected and the same is hosted on a secure server.
9.2 Ephanti shall not be held responsible for the loss of your information that takes place despite following standard security protocol and/or reasonable security standards.
10. Intellectual Property
10.1 Ephanti, its technology, computer programs, codes, all information available thereon, images, logos, trade names, domain names, service marks and other materials on it, including the look and feel of the Website, are the exclusive intellectual property of Ephanti and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on Website, without express and written approval of Ephanti shall be violation of the relevant intellectual property laws.
10.2 You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Ephanti Services. Ephanti content is not for resale. Your use of Ephanti Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ephanti and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Ephanti does not grant you any licenses, express or implied, to the intellectual property of Ephanti or our licensors except as expressly authorized by these Terms.
11. Termination
11.1 The Terms shall remain in full force and effect unless and until the Account is terminated as provided herein.
11.2 You may cancel your subscription at any time. Cancellations are effective at the end of the month, if not renewed earlier and post thirty (30) days cancellation notification provided by you to Ephanti.
11.3 Payment and fees due till the end of the cancellation effective date or till the date Ephanti Services are provided to you, whichever is later, shall be paid by you in full. Cancellations do not qualify for a refund of previous payments. Any specific agreement between you and Ephanti dealing with the subject matter and Ephanti Services shall override this Terms and Conditions of Use.
11.4 Ephanti may also suspend or terminate your use of the Website, Ephanti Services, and/or the Account, at any time, for any breach of these Terms.
11.5 Subject to applicable law, Ephanti reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to this Website pursuant to its internal record retention and/or content destruction policies. After such termination, Ephanti will have no further obligation to provide the Services to you.
11.6 Ephanti further reserves the right to terminate these Terms or discontinue the Ephanti Services provided through this Website or any portion or feature thereof for any or no reason and at any time without any liability towards you or any other third-party.
11.7 Ephanti will not be liable to you for any costs, expenses, or damages as a result of the termination of these Terms.
12. Disclaimer & Warranties
12.1 The content and all theEphanti Services associated with the Website are provided to you on an “as-is” and “as available” basis. Ephanti makes no representations or warranties of any kind, express or implied, as to the content or operation of the Website or of the Service. You expressly agree and acknowledge that your use of the Service is at your sole risk.
12.2 Ephanti makes no representations, warranties or guarantees, express or implied, regarding(a) the accuracy, reliability or completeness of the content on the Website, or (b) of the Service and products and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.
12.3 Ephanti engages and employs the best methods to safeguard and protect against viruses, infection, etcetera, however, despite such best efforts, Ephanti makes no representation, warranty or guarantee that the content that may be available through the Service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
13. Limitation of Liability
13.1 Neither Ephanti nor any of its affiliates shall be liable for any indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Website and/or damages for lost profits, loss of data.
14. Indemnification
14.1 You shall indemnify and hold harmless Ephanti and/or its affiliates, directors, employees, and agents against any loss or damage suffered on account of fraud, willful neglect and loss of data done and/or caused by you and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim brought against Ephanti by any third party.
15. Governing Law and Jurisdiction
15.1 These Terms shall be governed by, interpreted and construed in accordance with the laws of State of Delaware, United States of America.
15.2 In case of any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website (collectively, “Disputes”), Ephanti and you shall attempt to settle the same amicably, through negotiation and consultation at such offices of Ephanti as Ephanti may designate.
16. Non-repudiation
16.1. Any and all actions undertaken by you and/or your affiliates, directors, employees, agents, and/or personnel on the Website shall be deemed as actions approved by you including and not limited to transfer/change of passwords and Ephanti shall not have any liability towards such actions.
17. Miscellaneous
17.1 These Terms shall be interpreted, construed and enforced in accordance with the laws as applicable in State of Delaware, Unites States of America, without regard to conflict/choice of law principles. In a situation where any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining Agreement, which shall remain in full force and effect.
17.2 No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement should not be used for any interpretative purposes as these are for your convenience only.
17.3 All of Ephanti’s rights and obligations under these Terms are freely assignable by Ephanti in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
17.4 Ephanti reserves the right to research and publish general user behavior categorized at its discretion.
17.5 By using the Website/Services, you agree to receive account and feature e-mails, calls and messages from Ephanti.
17.6 The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Ephanti for the technical administration of the Website, research and development, and for user administration. In the course of serving advertisements or optimizing the Ephanti Services to you, the Website may allow authorized third parties to place or recognize a unique cookie on your web browser. Ephanti does not store personally identifiable information in the cookies.
17.7 Ephanti Services are controlled, operated and administered by Ephanti from our offices within the United States of America (“USA”). If you access Ephanti Services from a location outside the USA, you are responsible for compliance with the respective local applicable laws including GDPR. You agree that you will not use the Ephanti Content accessed through Ephanti Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.