Terms of Services

Last modified: 22 February, 2017

These T&C are for customers not signing an agreement at the time of purchasing License. Clients entering into a seperate agreement at the time of purchasing License will be governed by the Terms in that agreement.

 

Whatfix terms of service (Business)

Welcome to Whatfix.com operated by Quicko TechnoSoft Labs Private Limited. (hereafter sometimes referred to as “QuickoLabs”, “Whatfix”, “us”, or “our”). By using the Whatfix.com website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”). If you object to anything in this Agreement or the Whatfix Privacy Policy, do not use the Website or the Service. This Agreement is subject to change by Whatfix at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and Whatfix.

 

Access and use of Whatfix services

Subject to the terms and conditions of this Agreement, Whatfix may offer to provide the Services as described herein. Services shall include, but not be limited to, any services Whatfix performs for you, as well as the offering of any Content (as defined below). We may, with prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service, including the availability of any feature, database, or Content. Whatfix may also impose limits on certain features and services or restrict your access to parts or all of the Services. These will be as per the terms of agreement signed between You and Whatfix. You must provide us accurate information, including your real name, when you create your account on Whatfix. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Whatfix will not be liable for any loss or damage arising from your failure to comply with this instruction. By connecting to Whatfix with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store any necessary credentials for continuing to access that service. By providing Whatfix your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

 

Third party content made accessible by Whatfix

Whatfix displays and/or makes available materials and links in a variety of formats (such materials, and files that are linked from the Site, are collectively referred to as the “Submissions”), which are uploaded or linked to by users, over whom Whatfix exercises no control. Whatfix cannot and does not screen the Submissions before or after allowing them to be made available to third parties. Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.

 

User content

“Content” means any information, text, graphics, or other materials created, edited, uploaded, downloaded or appearing on the Service, whether posted by you, Whatfix, Whatfix technology, or a third party. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.

 

Business Product License

  1. Subject to payment of applicable fees, We will provide You during the term of this Agreement with a “Whatfix” account and access to and use of a version of Our web-based online platform comprising or containing some or all the following components (or their successors), together with such other products and services as We may make available and You may elect to access and use from time to time: (a) Personalised Login Account (b) Customisation of flows (c) Analytics for flow usage (d) White Label Product (f) Export option for videos to your youtube channel
  2. Subject to payment of the aggregate of applicable fees, you may have multiple instances of the White Label Product and Services operating simultaneously.
  3. We will periodically send or otherwise make available to You records of payments made by You under or in relation to this Agreement in the form of a tax invoice,
  4. We acknowledge that We have no right or interest in any client data or information submitted by You or by third parties to any White Label Product and Services used or controlled by You and We do not access or use such data or information from the integrated script. This clause survives the termination of this Agreement.
  5. You acknowledge and agree that, except to the extent expressly set out in the Agreement (or to the extent otherwise required by law), You are responsible and liable for:
    • the collation, maintenance, updating and removal of client data or information (including maintenance of privacy and confidentiality in respect of such client data or information); and 
    • the accessibility and usability by third parties of any White Label Product and Services used or controlled by You 
    • This clause survives the termination of this Agreement.

 

Logos, Customer Testimonials and Comments

We use logos of customer companies, customer testimonials and comments on our Websites, which may contain Personal Information (like name,designation). We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.

 

Confidentiality

  1. We acknowledge that We have no right or interest in any client data or information submitted by You or by third parties to any White Label Product and Services used or controlled by You and We do not access or use such data or information from the integrated script. This clause survives the termination of this Agreement.
  2. Confidential Information shall not include any information:
    • that is generally known and available in the public domain or
    • that was known prior to start of negotiations, or
    • that is rightfully furnished to US by a third party without restrictions on disclosure and without breach of confidentiality restriction, or
    • is independently developed or created by US without the use of or any reference to the Confidential Information, or
    • is disclosed by US to satisfy the legal demand by a competent Court of Law or government body, or
    • is approved for release or use by a prior written consent of an authorized representative.

 

Rules

You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws outside India. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people’s private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; (viii) access or tamper with non-public areas of the Service, Whatfix computer systems, or the technical delivery systems of Whatfix providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Whatfix (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Whatfix (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Whatfix except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. Whatfix may investigate and/or suspend your account if you violate any of the above policies. Whatfix reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Terms.

 

Proprietary rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Whatfix and its licensors. Nothing in these Terms gives you a right to use the Whatfix name or any of the Whatfix trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Whatfix or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. In consideration for Whatfix granting you access to and use of the Service, you agree that Whatfix and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

 

Copyright infringement policy

Whatfix responds to notices of alleged infringement that comply with the Digital Millenium Copyright Act. For more information about this, including directions on how to provide such a notice, please see our DMCA Policy.

 

Third-party links

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Whatfix of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Limitation of liability

Whatfix, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL Whatfix, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM,
ANY INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY SUBMISSION(S) OR OTHER CONTENT MADE AVAILABLE BY Whatfix, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBMISSION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ANY EVENT, THE COMPANIES AGGREGATE LIABILITY SHALL NOT EXCEED $1000.00.

 

Indemnity

You agree to defend, indemnify and hold harmless Whatfix, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

– your use of and access to the Site;
– your violation of any term of these terms of service;
– your violation of any third party right, including without limitation any copyright, property, or privacy right; or

any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these terms of service and your use of the Site.

 

General terms

These Terms and any action related thereto will be governed by the laws of Republic of India without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Bangalore, India, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $1000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. These Terms are the entire and exclusive agreement between Whatfix and you regarding the Service (excluding any services for which you have a separate agreement with Whatfix that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Whatfix and you regarding the Service. The failure of Whatfix to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Whatfix may provide notices to you via email, written or hard copy notice, or through posting on the Service, as determined by Whatfix in our sole discretion. Whatfix reserves the right to determine the form and means of providing notice to our Users, provided that you may opt out of certain means of notice as described in these Terms. We may revise these terms from time to time. The most current version will always be on this page. If in our sole discretion the revision is material, we will notify you as provided in these terms at least seven days before the revisions become effective. By continuing to access or use the service after those revisions become effective, you agree to be bound by the revised agreement.
The Service is operated and provided by 

Quicko Technosoft Labs PVT LTD,
1st Floor, Above Chef Bakers,
Padma Sri Arcade,
19th Main, 16th Cross Road, Sector 1, HSR Layout,
Bangalore 560102

If you have questions about these Terms, please contact us at info@whatfix.com

 

Digital millennium copyright act notice procedures

To file a notice of infringement with us, you must provide a written communication (by email, fax or regular mail) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org
To expedite our ability to process your request, please include following information:

  • Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Site are covered by a single notification, provide a representative list of such works.
  • Identify the material that is claimed to be infringing or to be the subject of infringing activity.
  • Include information reasonably sufficient to permit Whatfix to locate the material. Please provide a url for each flow/ slides / document. Include the specific slide(s) or page(s) that you claim to be infringing. Say entire work ONLY if all slides / pages are infringing.
  • Information reasonably sufficient to permit Whatfix to contact you, such as an address, telephone number, and, if available, an electronic mail.
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”


Email the document to info@whatfix.com
Alternatively, send a signed document to Whatfix. You may use either the address given below :

Quicko Technosoft Labs PVT LTD,
1st Floor, Above Chef Bakers,
Padma Sri Arcade,
19th Main, 16th Cross Road, Sector 1, HSR Layout,
Bangalore 560102

 

How do I file a DMCA counter notice?

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with us, you must provide a written communication that sets forth the items specified below.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

 

Elements of Counter-Notification


To expedite our ability to process your counter notification, please use the following format (including section numbers):
– Identify the specific URLs of material that Whatfix has removed or to which Whatfix has disabled access.
– Provide your full name, address, telephone number, and email address, and the username of your Whatfix account.
– Provide a statement that you consent to the jurisdiction of any judicial district in which Whatfix may be found if your address is outside India, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
– Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
– Email the notice to info@whatfix.com
– Alternatively, send the written communication to the following address :

Quicko Technosoft Labs PVT LTD,
1st Floor, Above Chef Bakers,
Padma Sri Arcade,
19th Main, 16th Cross Road, Sector 1, HSR Layout,
Bangalore 560102

 

What happens next?

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Whatfix. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

For Community, Refer Terms of service (Community)

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