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This Terms of Service (the "Agreement") is a contract between you and us ("Shakebug"). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. By signing up for Shakebug, you are agreeing to these terms.
Subject to the terms and conditions of this Agreement, the Service is solely for Customers use in connection with its customer communication activities. Shakebug may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Shakebug may also impose limits on certain features and services or restrict Customer's access to parts or all of the Services without notice or liability. Customers shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service. Customers shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
As a condition to using certain products and services of the Service, Customers are required to register with Shakebug and select a password and Customer ID. Customers shall provide Shakebug with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Customer's account. Shakebug reserves the right to refuse registration of, or cancel a Shakebug Customer account at its discretion. Customer shall be responsible for maintaining the confidentiality of Customer's Shakebug password and other account information.
Customers shall pay Fees to Shakebug as follows.
If User signed up for a paid plan, User will pay Shakebug the Subscription Fee for the Service as set forth in the Pricing Guide ("Fees"). Unless otherwise agreed to by the parties in writing, all Fees are payable upon demand by Shakebug-accepted credit card. Fees for each subscription period will be billed in advance. There is a seven (7) business day grace period ("Grace Period"). Thereafter, customers may be restricted at any time from the Service, with or without notice, at Shakebug's sole discretion. Subscription fees are billed on a recurring basis and Subscriber hereby authorizes Shakebug to charge Subscriber's credit card for such purposes. Shakebug reserves the right to change the Fees at any time (and such changes will apply on a going forward basis). Unpaid Fees are subject to a finance charge of 1.5% per month or the maximum permitted by law, whichever is lower, plus all expenses of collection. Subscriber shall be responsible for all taxes associated with Service other than taxes based on Shakebug 's net income.
If Subscriber believes that Shakebug has billed Subscriber incorrectly, Subscriber must notify Shakebug thereof (in writing) no later than sixty (60) days after the date on which Shakebug has charged Subscriber, otherwise the amount charged shall be conclusively deemed correct by the parties.
All Fees paid are non-refundable, except in the event (i) of overpayment.
Just mind that our plan actully values are in INR (Indian Rupees). Here we consider
USD $75 = ₹6150 (INR)
So approximately, we are calculated
USD $1 = ₹82 (INR)
So your amount deducted may have little vary based on your local currency rate on internation market. Also when you get any amount as refund then also same calucation will occur.
Shakebug provides the Shakebug SDK in an "as is". The Shakebug SDK, and any updates, is deemed accepted by Customer. No warranties are made to the SDK (see Representation, Warranties and Indemnifications). Shakebug is not obligated to provide maintenance, technical support or updates to Customer for the SDK. Any maintenance or updates provided by Shakebug shall be covered by this Agreement. Customer shall bear all costs of integrating the Shakebug SDK into the Customer Application, including but not limited to, software design, software development, application debugging, application testing and network connectivity.
User agrees that all content and materials (collectively, "Content") delivered by Shakebug via the Service, or otherwise made available by Shakebug at the Site, are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
Except as expressly authorized by Shakebug in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, User may print or download a reasonable number of copies of the Content for User's own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Shakebug.
Customer shall ensure the Shakebug copyright notice and EULA is not removed from the Shakebug SDK and that both are included in each module that the Shakebug SDK resides.
Customer shall ensure the Shakebug copyright notice and EULA is not removed from the Shakebug SDK and that both are included in each module that the Shakebug SDK resides.
In no event shall Shakebug, Inc. Be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
An automatic invoice for processing payments will be delivered to after the initial payment. Invoice requirements will not excuse Customer from the timely payment terms herein.
(a) Disclaimer of warranties. To the maximum extent permitted by applicable law, Shakebug provides the SDK and any support services related to the SDK ("support services") as is and with all faults, and hereby disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SDK, and the provision of or failure to provide support services. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement, with regard to the SDK. The entire risk as to the quality of or arising out of use or performance of the SDK and support services, if any, remains with the customer.
(b) Exclusion of incidental, consequential and certain other damages. To the maximum extent permitted by applicable law, in no event shall Shakebug be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SDK, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Shakebug, and even if Shakebug has been advised of the possibility of such damages.
In no event shall Shakebug, its officers, directors, employees, agents, vendors or suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service: (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, even if foreseeable, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination). In addition, Shakebug shall not be liable for any loss or liability resulting, directly or indirectly, from user's inability to access or otherwise use the site (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or internet problems or utility failures). The foregoing limitations shall not apply to the extent prohibited by applicable law.
(a) Either Party may terminate a Customer's Subscription if: (i) the other materially breaches any term under Terms of Service and fails to cure such breach within thirty (30) days after receipt of written notice; (ii) the other ceases to conduct business; or (iii) the other files for bankruptcy, reorganization or insolvency, or if a similar proceeding for the benefit of its creditors is commenced.
(b) Following the expiration, cancellation or termination of this Agreement, for any reason, the rights and license granted herein to Customer shall immediately and automatically terminate and Customer shall no longer have the right to use or distribute the Shakebug SDK in any manner, plus, network access to the Service will be stopped and the API-Key will be revoked. Customer shall not distribute any Customer Applications that contain the Shakebug SDK thereafter, but Shakebug agrees the Customer Applications containing the Shakebug SDK already distributed to end-users shall not be affected.
(c) Not withstanding anything to the contrary above, any termination by Customer under the terms herein shall not relieve Customer of its obligation to pay any and all back, current and future fees that are due under the terms of this Agreement.
Shakebug 's current privacy policy is available at the Site (the " Privacy Policy "), which is incorporated by this reference. Shakebug strongly recommends that you review the Privacy Policy closely.
All content included by Shakebug on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Shakebug or its content suppliers and protected by India and Indian copyright laws. The compilation of all content on the Site is the exclusive property of Shakebug and protected by India and Indian copyright laws. All software used on (or provided through) the Site is the property of Shakebug or its software suppliers and protected by India and Indian copyright laws.
(a) Independent Contractor: Shakebug operates an independent business apart from Customer. Nothing in this Agreement creates a partnership, employer-employee relationship, franchisee-franchisor, or a joint venture between the Parties. Each Party is solely responsible for the control and management of its business operations, for obtaining and maintaining all applicable business licenses and insurance, and for the timely payment of all income, payroll, and employment-related taxes, including without limitation all unemployment, workers compensation, income tax withholding, and any other taxes of any nature whatsoever related to its business, unless otherwise specified in India law of Payments.
(b) Public Announcements: Customer acknowledges that Shakebug can make public announcements regarding the status of the business relationship and include logos within presentations, the Shakebug 's website or in meetings and interviews regarding the Shakebug 's business.
(c) Assignment: Each Party's obligations hereunder may not be assigned, delegated, sublicensed or otherwise transferred without the other Party's prior written consent, unless its to any affiliate or to any surviving party as part of a corporate reorganization, consolidation, merger, or sale. In the event of such assignment or attempted assignment by either party, the assigning party shall notify the other party prior to the effective date of assignment, and the other party shall have the right to terminate this Agreement immediately for a period of thirty (30) days after its receipt of notice. Subject to the limitations herein, this Agreement will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns.
(d) Force Majeure: If either Party's performance of any of its obligations hereunder is delayed by labor dispute, war, governmental action, flood, fire, explosion or other act of nature or any other matter not within such Party's reasonable control, then the date for performance shall be extended by the time of such delay; provided, however, that the Party subjected thereto shall pursue with reasonable diligence the avoidance or removal of such delay if reasonably feasible.
(e) Gender and Number: Wherever the context requires, the gender of all words used in this Agreement shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and the plural.
(f) Costs and Expenses: Except as otherwise provided for in this Agreement, each Party shall be responsible for and will bear all costs and expenses incurred by it in connection with the performance of its obligations under this Agreement.
(g) Currency: All currencies specified herein are in Indian rupees. When any fees to Shakebug are calculated based on a currency other than Indian currency, the payment to Shakebug must be equal to that of the Indian rupees amount of the fees listed in the Service Agreement, and Customer shall bear all currency conversion fees, wire transfer fees or any other fees involved with payment.
(h) Interpretation: The headings and numbering shall not be considered or given effect in construing this Agreement. This Agreement shall be construed without regard to the party responsible for the preparation of the same, and shall be deemed to have been prepared jointly by the Parties. Any ambiguity or uncertainty existing herein shall not be interpreted against either Party, but according to the application of other rules of contract interpretation.
(i) Severability: In the event that any provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect and the affected provision shall be modified in a manner which comes closest to the intention of the parties at the time the original provision was agreed upon.
(j) To the extent that Shakebug processes any personal data on Customer's behalf, in the provision of the Service, the terms of the Data Processing Addendum which are hereby incorporated by reference, shall apply.
(k) End-User Consent: The Customer is required to request explicit user consent whenever the Customer is using Shakebug SDK to track data about how the Customer mobile application’s users are using the mobile application. Customer is required to add to the Customer mobile app’s privacy policy a clear clause that explains the data that is being tracked and the terms of using this data. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Customer’s account.