TERMS AND CONDITIONS OF SERVICE AND USE

These Terms and Conditions of Service and Use and Privacy Policy, as may be amended from time to time (“Agreement”) constitutes a legal agreement between you, either an individual and/or an entity (“You“, “Your“, “Yourself” or “User”) and PROCONTACT TECHNOLOGIES PRIVATE LIMITED, having its registered office at D504, Vaswani Reserve Apartments, Panathur Main Road, Kadubesanahalli, Bangalore – 560103, Karnataka, India (“We“, “Us“, or “Company”), governing Your use of the Company’s mobile application (“Application“), ProContact’s website at www.procontact.app (“Website“) and any related services.

1. INTERPRETATION AND TERMS

    1. In this Agreement, headings are given for ease of reference only and shall not affect the interpretation of the provisions contained herein in any manner.
    2. In this Agreement, including means ‘including but not limited to’ and ‘include’ and ‘includes’ shall be construed accordingly;
    3. BY ACCESSING OUR WEBSITE, DOWNLOADING AND/OR INSTALLING AND/OR USING THE APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT ACCESS THE WEBSITE AND/OR USE THE APPLICATION AND ARE OBLIGED TO UNINSTALL AND ERASE THE APPLICATION FROM YOUR MOBILE DEVICE (AS DEFINED BELOW), IF APPLICABLE.

2. SERVICE OVERVIEW

    1. The Company provides the Application, Website and any related services which could be free or paid depending upon the number of license(s) availed. The Application offer an easy-to-use and highly efficient way to create, manage and share personal business cards online (“Online Card(s)”), making physical business cards (“Paper Card(s)”) redundant. The Website provides information about Our products and services and provides a web dashboard to business client (“Corporate Client”) (i) to create an administrator’s account (“Business Account”) to permit its employees and/or contractors to become members of the Business Account by activating their account; and (ii) to access the details of the business cards shared and/or received by its employees and/or contractor in real time by using the Application. Real time location detail of the business card exchanged may be available depending upon the individual’s preference pertaining to settings in their Mobile Device. Each of the business client and its specified users (employees or contractors) granted access to use the Application shall be deemed as a User for the purpose of this Agreement. We grant You or Your specified users (in case of a Business Account) a personal, worldwide, revocable, non-transferable and non-exclusive license to use our products/services and to install, use, display or run our Application on Your supported smart mobile device (“Mobile Device”) subject to payment of any fee, if applicable.

3. USING THE APPLICATION 

    1. Upon successful installation of the Application on Your Mobile Device, in order to become a user of the Application, You must first create a user account by either (a) signing up, in which case You need to provide us with Your relevant information including Your name, email address and mobile number; or (b) linking your google or linked in accounts, in which case You need to provide us with Your relevant information including mobile number (“User Account”). In case of a Business Account, in order create a User Account, in addition to any relevant information that you need to provide for registration as set forth above, You need to activate Your account via a web link sent to your official email id. The details You voluntarily provide us with shall be kept in confidence, and in accordance with our Privacy Policy.
    2. Following creation of a User Account, You will have the ability to create, edit, manage and share your Online Card, as well as to scan Paper Cards and digitize them through a third party Optical Recognition Scanner (“OCR Technology”), and manage a contact list containing all of Your Online Cards stored on the Application and shared via the Application (“Contact List”). You hereby acknowledge that in case of a User Account created pursuant to a Business Account, Your employer shall be the owner of Your Contact List and reserves all rights thereto including the right to edit, modify, copy and delete the same.
    3. You understand and agree that You are solely responsible for any Paper Card scanned by You via the Application and the consequences of scanning or otherwise using the Contact Details which appear thereunder. You represent and warrant that You have (and will continue to have during Your use of the Application) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use the applicable Contact Details for the purposes of this Agreement, and/or otherwise to use the Contact Details in the manner contemplated by this Agreement. You agree that You will not scan through the Application any Paper Card which You are unauthorized to possess, scan or upload any of the Contact Details which appear thereunder in the country in which You are resident, or of which use by the Company in connection with this Agreement is not explicitly authorized by the applicable individuals to whom Contact Details belong. The Company explicitly reserves the right, but not the obligation, to remove any Contact Details without prior notice, at its sole discretion.
    4. You hereby further undertake not to interfere with or violate other individuals’ rights to privacy and other rights, or harvest or collect data and information about them, including, inter alia, any Paper Cards and/or Contact Details, without their express consent.
    5. At any time during the use of the Application, the Users are solely responsible for protecting the confidentiality of their login details including username and password, and any activity under the account shall be deemed to have been done by the User. You are responsible for any activity using your account and password.

4. USING THE WEBSITE

    1. Our website provides You details of our product/services. In case of a Business Account, the first person who signs up as an administrator using Your official email id on our Website shall become the super administrator and shall be provided a dashboard whereby the administrator shall have the right to provide access to the Application to its employees and/or contractors and shall be able to view the Contact List of its employees and/or contractors as stated under Section 2 above.
    2. If the Online Card was created by Your employer, You will be sent an email to activate Your Online Card. In case of any error in the details provided in the Online Card, please contact Your administrator.
    3. It is the responsibility of the Business Client to take measures including safekeeping your password, installing anti-virus/Trojan software, changing your password regularly and logging out safely after use. If the Business Account login details is stolen, you shall assume full responsibility for all the consequences arising therefrom unless you can prove that it is caused by our intentional act or gross negligence. If you learn of any unauthorized use of the Business Account, please contact us immediately at Support@procontact.app.

5. PAID SERVICE

    1. You may need to pay for some services offered on our Website and/or Application. Unless otherwise agreed in writing, You or Your specified users will acquire relevant services only on payment of the fees in full. Company reserves the right to amend the price and/or payment standard, at its own discretion. Some free services may become paid services in the future, at Company’s sole discretion. The above-mentioned change will be notified or published on our Website or reminded at a time when You next chose to use the relevant services. If there is a price reduction or promotion, Company will not provide price protection or refund Your payment for services already purchased prior to such promotion. The payment is processed through a third party gateway and the User shall be bound by the third party’s terms and conditions and privacy policy. The User acknowledges and agrees that the paid subscription opted by the User to use the product/services is non-cancellable and non-refundable hence even if the User wishes to terminate the use of the product and/or service, payment once made by the User will not be refunded by the Company. If you have any inquires or need any assistance, you can send email to Support@procontact.app.

6. REPRESENTATION AND WARRANTIES

You hereby represent and warrant that:

    1. You are competent and eligible to enter into this Agreement and is of at least 18 years of age.
    2. The information You provide at the time of creation of User Account shall be true and accurate. You shall not provide any misleading information or any unauthorised details. Business Client hereby represents and warrants that it has received its employee’s and/or contractor’s explicit permission to use its personal data in order to create their Online Card and the information shall be true and accurate
    3. You undertake that you will abide by and guide and supervise your specified users to abide by local laws and regulations, this Agreement and Privacy Policywhen using Our Products.
    4. You shall be solely responsible for maintaining the confidentiality of your login details.
    5. You are solely responsible for Your use of the Website and Application. While acquiring and processing information through Our Application and Website, You should respect legal rights of others including intellectual property rights, personal information and privacy rights and make sure that You are authorized to copy, store, amend, upload and publish the information. If you amend, upload or publish the information without permission, you may infringe legal rights of others and be legally liable for it.
    6. You shall not upload any content/image that is found to be offensive or misleading.
    7. You undertake that the expression of intention and acts of the administrator user you specify or specified user will be deemed as your expression of intention and acts.

If in the reasonable opinion of the Company, Your use of the Application and Website breaches any of the terms in this Agreement, then without prejudice to any rights herein or under the law, the Company reserves the right to terminate your account, at its sole discretion.

7. UNAUTHORIZED ACTIVITIES

    1. You hereby acknowledge and agree that while using Our Website and/or Application, there are certain types of activities which are strictly prohibited, as stated in the list below. Your failure to comply with the provisions set forth herein may result in the suspension or termination of Your use of the Website and Application and may expose You to civil and/or criminal liability.
    2. You shall not, whether by Yourself or through anyone on Your behalf:
      1. copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Website and/or Application;
      2. misuse other users’ contact details including modify, alter or translate such third party’s business card;
      3. post or share offensive material/images through the Application and/or Website.
      4. create a browser, frame, border environment or GUI around the Website and/or Application;
      5. interfere with or disrupt the operation of the Website and/or Application, or the servers or networks that host the Application or make the Application, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
      6. release, spread, disseminate or store the contents which infringe upon the intellectual property and trade secrets of others;
      7. spread or distribute or otherwise release any document containing any picture, photo, software or other data which is protected by intellectual property law, unless you have corresponding rights, authorization or have obtained necessary approval; or
      8. publish or make use in any way any information about users of the Website and/or Application including, inter alia, any contact details, without their expressed consent.
      9. impersonate any person or entity or provide false or misleading contact details and/or other personal information;
      10. transmit or otherwise make available through or in connection with the Application and/or Website any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
      11. use the Website and/or Application or other contact details for any illegal, unlawful or unauthorized purposes;
      12. use the Website and/or Application for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without Our prior written consent.
      13. use the Website and/or Application and/or contact details for purposes of harassment, stalking, scorning, mocking, humiliating, offending, provocation, violence or any other purpose which may endanger other users privacy or rights.
      14. do any other act prohibited by the applicable laws and regulations.

8. INTELLECTUAL PROPERTY RIGHTS

    1. Unless expressly agreed to in writing, this Agreement does not authorize You to use the Company’s trade names, trademarks, service marks, logos, domain names, information and other distinctive brand features. You acknowledge and agree that ‘ProContact’, Our company logo and other commercial identifiers We use in connection with the Application are all trademarks and/or trade names of Ours or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
    2. The Website and Application, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, audio and videos, diagrams, all content in advertisements, the commercial information we offer to you, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Company’s Intellectual Property”), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under this Agreement.
    3. Any contact details, including, inter alia, the third party companies’ logos and trademarks and the Online Card owners’ photos, shall remain vested with such applicable owners, and the use of the Website and Application as pursuant to this Agreement, does not, by itself, transfer the ownership of intellectual property rights to the Company, but rather grants the Company with an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display and make available to other Online Card owners any of the contact details. Further, Company reserves the right to use the name and/or logo/trademark of the Corporate Client to display on its Website, social media page and other places under its Client list.
    4. We respect the intellectual property rights of others, if any individual or entity finds that any other user has infringed upon its lawful rights or interests by transmitting information through the use of our services or believes that any content displayed through the Website and/or Application is infringing your rights, such individual or entity (“Complainant”) may notify us in writing at our registered address (mentioned above) along with a copy via email at Support@procontact.app by giving us an official infringement notification signed or stamped (if it is a duly established organization or entity) for the purpose of protecting intellectual property rights. The infringement notification shall include the following: (i) detailed contact information of the Complainant, including the name, address, telephone number and email address with a copy of the ID card, passport or registration certificate; (ii) A description of the contents that You claim to be infringing that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate such content as shown in the service and for our notifying the user who manages the contents; (iii) materials as preliminary proof of infringement act including ownership certificates to certify Complainant’s trademark rights, copyrights and other exercisable rights to the contents pursuant to law; (iv) 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 the law; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed and a statement confirming that if anything contained in the infringement notification is found to be untrue, you would be liable for such misrepresentation.

We will process your request forthwith upon receipt of the valid infringement notification according to law. You agree that we can copy the notification and attached supporting documents and provide that to third party to find out about the facts involved. We may also contact you on the mater via phone, email, etc.

9.EFFECTIVENESS, TERM & RENEWAL& TERMINATION

    1. This Agreement comes into effect upon Your use of the Company’s product and/or service or on submission of valid order for paid service and/or completion of payment, whichever is earlier.
    2. In case of paid subscription, prior to the expiry of Your period of use, we will enquire if You would like to renew your subscription of paid service. If you do not renew your subscription, we will retain and suspend your Business Account for [3] months after the expiry of your period of use. Your Business Account may be completely deleted after the said three months post which you may have to register again as a new user. You may renew your subscription within [3] month by making payment for further subscription period to restore service.
    3. If You wish to close Your account and discontinue using the Application and/or use of Our product/service then please email us at Support@procontact.app. We will assist You in closing Your User Account as long as You are acting in good faith and are committed to meet any of Your pending obligations.
    4. In case of any breach of this Agreement, the Company reserves the right to suspend or terminate any User’s account at any time without notice.
    5. Company reserves the right to discontinue the Application, the Website and/or related service, without any prior notice. 

10. COMMUNICATION

    1. By using the Company’s product and/or services, you hereby consent to receive calls, e-mails or SMS from the Company and/or any of its representatives for the purposes of providing you better service and/or notifying you of any promotion/offer.

11. PRIVACY AND PERSONAL INFORMATION

    1. We respect the privacy and personal information of each User and will protect Your privacy and personal information in accordance with applicable law, please read carefully our Privacy Policy which explains the way we collect, use, disclose and maintain your personal information.
    2. You understand and undertake that You will fully respect any other persons’ privacy that You learn, receive or have access to from the information of other Users and You will fully respect any other persons’ privacy in the information You upload as well.
    3. When you use social networking services in Our Products, you need to set or adjust your relevant privacy controls according to your own needs to avoid risks. In the settings of Our Products, you can control display of certain information in the card, including name, , company and social media profile links.

12. DISCLAIMER AND WARRANTIES

    1. THE WEBSITE AND/OR APPLICATION ARE AT THEIR BETA STAGE AND PROVIDED HERE ON “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK.
    2. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE AND/OR THE APPLICATION WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED, OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE WEBSITE AND/OR THE APPLICATION, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE WEBSITE AND/OR THE APPLICATION WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR THE APPLICATION, YOUR SOLE REMEDY IS AND SHALL BE TO DISCONTINUE USING THE WEBSITE AND/OR THE APPLICATION. WE
    3. WE MAKE NO REPRESENTATION REGARDING THE QUALITY, ACCURACY AND EFFICIENCY OF THE WEBSITE AND/OR APPLICATION AND/OR THE CONTACT DETAILS PROVIDED THROUGH THE OCR TECHNOLOGY, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY RELIANCE OR EXPECTATIONS OF USERS WITH RESPECT TO THE QUALITY, ACCURACY AND EFFICIENCY OF THE WEBSITE AND/OR THE APPLICATION AND/OR THE INFORMATION TRANSLATED THROUGH THE OCR TECHNOLOGY, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE THERETO. 

13. NO LIABILITY

To the fullest extent permitted by law we and our officers, directors, employees, agents and assigns hereby disclaim any and all liability for any loss, cost or damage (direct, indirect, special, consequential, or otherwise) of any kind, whether in an action of contract, negligence or other tortious action resulting from or arising out of installation or Your use of the Website and/or Application and related services or Your reliance on the information provided through the Website and/or the Application or from any computer virus transmitted through the Website and/or Application, or other sites accessed from the our Website and/or Application, regardless of whether such loss, cost or damage arises from our negligence or otherwise, and regardless of whether we are or have been expressly informed of the possibility of such loss or damage. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including, but not limited to, negligence, strict liability or product liability) arising from your use of the WEBSITE AND/OR APPLICATION exceed, in the aggregate INR 100.

14. INDEMNIFICATION

You hereby agree to indemnify, defend and hold Us, Our officers, directors, agents, employees, and representatives harmless against any and all loss, claims, damage, liabilities, expenses or cost (including attorney’s fee) arising out of (a) Your use of the Website and/or the Application and related services thereto; (b) any information accessible over or through the Website and/or the Application, including information obtained from interfacing sites, if any; (c) Your submission or transmission of information, content or material on or through the Website and/or the Application; (d) Your violation of this Agreement, or any other laws, regulations, and rules. You also hereby indemnify, defend and hold Us and Our officers, directors, agents, employees, and representatives harmless against any claims that any information, content or material You have submitted or will submit to Us or any third party user is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright, or infringement or violation of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and You hereby agree to cooperate fully with Us in any such defences.

15. FORCE MAJEURE

Company shall not be liable for any unavailability of the Website and/or the Application on account of  any force majeure event  including but not limited to act of God, war, floods, natural disaster, act of terror, earthquake, political unrest, riot, fire, , internet interruption, technical snags , change of laws or any circumstance beyond the reasonable control of the Company.

16. DISPUTE RESOLUTION AND JURISDICTION

This Agreement, including the Privacy Notice and any matter relating to the Website and/or the Application, shall be governed by laws in India without regard to its conflict of law.  Any legal proceeding arising out or relating to this Agreement and the Privacy Notice that is against or relating to us or any indemnified party will be subject to the exclusive jurisdiction of the courts of Bangalore, India and you hereby irrevocably consent to the jurisdiction of such courts.

17. MISCELLANEOUS PROVISIONS

    1. This Agreement including our Privacy Notice constitute the entire agreement between the User and the Company with respect to the subject matter herein and supersedes any and all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto, unless agreed otherwise in writing.
    2. The Company reserves the sole and exclusive right to amend or modify this Agreement without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately and the continued use of the services and/or products of the Company shall constitute as a deemed acceptance to the revised terms.
    3. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in that provision, and the other provisions of the Agreement shall remain in full force and effect. We may, at Our option, cede, assign, or otherwise transfer any or all of our rights and obligations under this Agreement to any third party or parties at any time.
    4. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
    5. If you feel that that any of Your personal rights has been compromised by the Application and/or the Website or if you have any questions about this Agreement, you can contact us at Support@procontact.app