Terms And Conditions
Last updated: June 20, 2021
The following terms and conditions, as well as any future modifications (the “Terms”) are a contract between you or your company (“you” or “your”) and Chivami., (“Chivami,” “we,” “us,” or “our”) governing your use, and Chivami’s provision, of the Services (as defined below). By using Chivami’s web applications, application programming interfaces, Chivami Webhooks, communication services, networks, and websites, including, but not limited to www.Chivami.com (collectively, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.
You may review the most current version of the Terms at any time on the Chivami website at https://Chivami.com/terms-and-conditions (“Term Page”). Chivami reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after the revision date of any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES.
1. Grant of Limited License
Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, Chivami hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to communicate with your end users (“End Users”). All rights not expressly granted to you are reserved by Chivami and its licensors.
Without explicit permission from Chivami, you may not:
- use Chivami’s trademarks or service marks;
- alter, modify, obscure, or remove Chivami’s trademarks from the Services;
- alter, modify, or obscure the Services;
- either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of Chivami; or
- either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of Chivami.
2. End Users
Access to the Services by an End User shall be governed by your End User terms of service (“Your Terms”), provided that you shall be responsible for ensuring that, as between an End User, you and Chivami: (i) Chivami will at all times retain ownership of all of its intellectual property (as further described in the Section entitled “Chivami’s Intellectual Property Rights” below) and End Users are granted no rights to such intellectual property, (ii) Chivami makes no direct or implied warranties to End Users, (iii) you shall not make any representation or warranties to End Users with respect to the Service, other than the representation that you have the necessary rights to allow End Users to use the Service, (iv) Chivami is the direct and intended beneficiary of Your Terms, and (v) Chivami will not be liable in any way to End Users, either directly or indirectly. As between Chivami and you, you are responsible for ensuring that End Users do not communicate information in violation of law using the Service, and for advising them against transmitting sensitive information using the Service, including but not limited to health/medical information or personally identifiable information of minors.
Chivami reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan (“Subscription”). You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan.
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 associated with your use of the Services, other than on Chivami’s income. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you herein.
Chivami reserves the right, in Chivami’s sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Fees for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees and shall not apply to Fees already charged to your account.
4. Modifications to the Services
Chivami reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Chivami shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
5. Account Restrictions
You must be legally able to enter into these Terms in your jurisdiction, such as being older than the minimum age of consent to enter into contracts.
You must be a natural person or a natural person representing a company, association or other organization. Accounts registered by “bots” or other automated methods are in violation of these Terms and will be immediately terminated.
You must provide a valid email address and truthfully provide any other information requested in order to complete the signup process (“Registration Data”) and provide prompt updates to the Registration Data in the event of any changes.
You must not impersonate nor misrepresent your identity or affiliations with other persons or entities.
You are responsible for maintaining the security of your account and password. Chivami shall not be liable for any loss or damage from your failure to comply with this security obligation. You are liable for any acts or omissions made using your login and password.
You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Service.
If your use of the Services causes undue stress on the Services and the systems running the Services, Chivami reserves the right to limit or disable your access to the Services without notice.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of Chivami will result in immediate account termination.
You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Services.
6. Content Restrictions
You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any End User of the Service who is chatting with you.
We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be “Offensive Content” as defined below. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content or engages in unacceptable behavior on or through the Services.
Chivami does not warrant that the Content will be accessible or transferable on the Services either for short term or long term use. To the extent any Content is available for use through the Services, you agree to only use such Content for internal purposes only to address the End User’s needs.
We cannot control all Content posted by third parties to the Services. You agree to use the Services at your own risk. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Chivami be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us at support@Chivami.com.
You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable Content, or Content that violates any of these the Terms (“Offensive Content”). Examples of such Offensive Content include, but are not limited to:
- abuse, harassment, threats, flaming or intimidation of any person or organization
- engaging in or contributing to any illegal activity or activity that violates others’ rights
- use of derogatory, discriminatory or excessively graphic language
providing information that is false, misleading or inaccurate
- hacking or modifying the Services to falsely imply an association with Chivami
- engaging in or contributing to any activity that maliciously degrades the Services
- implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
- disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you
- transmitting worms, viruses or harmful software
- sending spam, unsolicited mail, junk mail or chain letters
- disclosing personal or proprietary information of another user, End User, person or organization
- altering the Service’s user interface in a way that removes access to any part of the Service’s functionality and/or inhibits access to or the display of advertisements
- collecting the content or information belonging to another user, an End User or Chivami, or otherwise accessing the Services, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission
- soliciting log in information or accessing the account of another user or End User of the Services
- promoting, condoning, endorsing, distributing, publishing, or posting any material that solicits money, funds or people on websites or other properties that belong to Chivami
- aiding in the use of the Services for purposes of advertisement or solicitation for commercial goods or services on websites or other properties that belong to Chivami
- harassing, annoying, intimidating or threatening users or End Users of the Services or employees or agents of Chivami
- aiding or engaging in deceptive or predatory practices towards users or End Users of the Service
- removing or altering, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us
- forging, manipulating or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Services
- posting, publishing, displaying or transmitting in any way proprietary information, copyrighted material and trademarks not belonging to you, without the prior written consent of the owner of such rights
- posting content that advocates, endorses, condones or promotes harassment of others, or content that actively or indirectly harasses others
- posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals
- posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner
- posting content that solicits personal information or any information from anyone under the age of 18
- posting content that uses, promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property
Grant of License. You represent that you have the authority to and do hereby grant to Chivami a non-exclusive, irrevocable license to use the Content made available through the Services to the extent necessary to provide the Services (the “Content License”). Such Content License includes, without limitation, the right to reproduce, compress, transfer, and distribute the Content internally and with third party service providers to the extent necessary to enable transmission of and access to the Content through the Service.
7. Chivami’s Intellectual Property Rights
The Services are protected by copyright, trademark, and other laws of the India. Except as expressly provided in the Terms, Chivami, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Chivami always appreciates your feedback or other suggestions about Chivami, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.
All trademarks, service marks, logos, trade names and any other proprietary designations of Chivami used herein are trademarks or registered trademarks of Chivami. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
8. Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Our designated copyright agent to receive notifications of claimed infringement can be reached as follows
Digital Web Developers. (dba Chivami)
T-30, 3rd Floor, Jain Colony Part-1
Uttam Nagar, New Delhi-110059
9. Third-party services
As part of your enjoyment of the Services, subject to these Terms, you may grant a third party access to your account to provide additional products, services or labor provided you agree to be responsible for the actions of the third party and to bind the third party to these Terms as your agent.
From time to time, separate applications or services that integrate or interoperate with the Chivami Services (collectively, “Add-ons”) may become available, either directly from Chivami or independently. If you choose to install, access or enable an Add-on, you agree that the third-party Add-on provider may acquire access to your account data and information as required for the interoperation or integration of such Add-on and you grant Chivami permission to give such Add-on access to your account data and information. Accordingly, such applications are governed by their own terms and conditions and are not considered Services under these Terms.
11. 100% Service Guarantee
We will respond to your support inquiries within one business day and we will ensure the Services have no unexpected downtime. If you do not believe we met this service level on any day during the period of your paid subscription, notify us by emailing support@Chivami.com within 30 days of the issue and we will credit your subscription back for that day.
Chivami may terminate your account without notice in the event that you breach any of these Terms. Your termination will take effect immediately and you will not be charged again. In the event of any termination, Chivami will not refund any of the prepaid Fees. Such termination of the Services 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. Chivami reserves the right to refuse service to anyone for any reason at any time.
Chivami is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription.
If Chivami materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, Chivami will refund the proportion of the pre-paid fees attributable to the period after the breach. If you terminate your account in the event of a suspension for more than 5 business days or discontinuance of the Services, you will be entitled to a refund of the proportion of pre-paid fees attributable to the period after termination.
15. Warranty Disclaimers
You expressly understand and agree that:
Other than as expressly set in these Terms, Chivami makes no warranty that (i) the Services will meet your requirements or expectations, (ii) that your access to or use of the Services will be uninterrupted, timely, secure or error free, (iii) that any defects in the Services will be corrected, or (iv) that the Services or any server through which you access the Services are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Chivami or through or from the Services shall create any warranty not expressly stated in these terms.
16. Limitation of Liability
You expressly understand and agree that Chivami and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any 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 Chivami has been advised of the possibility of such damages) in any way relating to or arising from this agreement. In no event shall Chivami or its respective suppliers’ aggregate liability for direct damages under this agreement exceed the fees paid for the immediately preceding month before the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Please note that downgrading your account may result in the loss of content, features, or capacity of your account. Chivami does not accept any liability for any such losses.
You agree to defend, indemnify and hold harmless Chivami, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against Chivami by an End User.
You may not use the Services to solicit, interfere with, or endeavour to entice away from Chivami any Chivami customer, user, or subscriber.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of Chivami or by acting as an agent contracted by a third party to act on its behalf.
If you are interested in becoming a Chivami partner, reseller, or affiliate, we are happy to talk with you. Interested affiliates, please email support@Chivami.com or talk to us on live chat.
19. Governing Law
These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the state of New Delhi. Any disputes arising under this Agreement shall be heard in the state New Delhi. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
20. Force Majeure
Chivami shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, pandemic, corona, covid-19, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by Chivami may be deferred for a period equal to the time of such delay.
21. Integration and Severability
These Terms are the entire agreement between you and Chivami with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Chivami with respect to the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
22. Assignment of Terms
Chivami may assign or transfer the Terms, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
24. Mutual Beveraging
You are entitled to a beverage of Chivami's choice provided that a) You or a member of your team visits one of Chivami’s offices; and b) If a member of the Chivami team visits your office, you agree to provide them a beverage of your choice.
25. Headings for Convenience Only
Headings are for convenience only and have no legal or contractual effect.
Here, at Chivami, we believe in keeping our users informed. So, before you open an account with us, we request you to spare a few minutes to go through our company’s terms and conditions, so that there is no room for doubts and discontent. Once you sign up, remember, it implies that you have agreed to the terms and conditions of the company and will strictly adhere to the protocol. Since, this is a lawful agreement, so violation of any form might trigger a legal move against the offender, including termination of his account.
a) Who can open an account with us?
Every eighteen year old or above can open an account with Chivami. However, please note one thing; you can sign up only if you are agreeing to get into business and legal contracts. Moreover, the account holder should also be capable enough to complete the total process of registration. Once you have opened an account with us, you must strictly follow the terms and conditions applicable.
Please note, providing any untruthful details can lead to the cessation of your connexion forever and the company can’t be held answerable for such a decision.
Once you accept and fulfil the entire aforementioned criterion, your account will be ready with us within a few minutes and you can start using Chivami's services soon after that. However, you must remember that by no means you are allowed to violate our norms or use our services in any sort of prohibited activities.
Please mark one thing, before you start using our services, that Chivami can make revisions in these rules and regulations as and when it is required. Modifications can also be made in our service policies and charges, if we feel that it is the need of the hour. However, we take the accountability of informing our esteemed clients regarding any such changes at least ten days before putting them into effect. The mode of communication will be through your recorded e-mail ids. Once you get notified through your registered email id, you can also get in touch with us if you have any queries.
b) Points to remember:
- 1. No violation of conventions will be tolerated in any situation. In case the company finds that the user has not complied with the policies mentioned in the agreement, the company can suspend the user’s account even without pursuing him.
- 2. You are permitted to open an account on behalf of any enterprise, only under the condition that you have been consigned with the right to agree and abide by our dogmata on behalf of that enterprise.
- 3. Our company reserves the right to terminate any account, at any point of time and cannot be held blameable for that.
- 4. Our users can also cease using Chivami services in case they are not interested anymore. In such cases, you can send us an email from your registered id, requesting for the deactivation of your account. This mentioned procedure must be followed conscientiously to avoid any pointless deduction of service fees.
- 5. In case Chivami sacks your account, it is our obligation to compensate the party with a refund. However, this doesn’t include cases of desecration. Infringement of company’s policies can also lead to discontinuation of our facilities, without any reimbursement from our end and the company cannot be hold guilty for this action.
c) Membership fees:
Our website clearly mentions the detailed list of prices for various services that you avail from us. However, it is at the sole discretion of the company to make necessary reforms in the fee structure at any point of time.
Details regarding any such changes will be notified through our main website and the users will be given the option to upgrade on the expiration of their service tenure. We, thus, appeal you to keep an eye on our proclamation section regularly to remain up-to-date about any such variation in our subscription charges.
Proprietary Rights Reserved for Digital Web Developers:
Chivami request its patrons to kindly stick to the brand's guiding principles before they start using our services. You must also respect the proprietary information provided on Chivami’s website and the software that we use to offer our services to our revered clienteles. By this we refer to trademarks, patents and also copyrights.
e) Proprietary rights owned by Clients:
Our clients are permitted to upload only those information or materials that they have complete ownership of. We, at no cost allow uploading of any harmful or illicit content on our website.
Remember, you cannot hold Chivami answerable for the conduct and action of any third party like promoters or other handlers. However, if you have any queries regarding our services and procedures you can get in touch with our support team anytime through emails.
If you have any questions about the Terms of Service, please contact us at support@Chivami.com. Copyright © 2020 Digital Web Developers.