1.1. These Terms of Service (these the “Agreement” or “Terms of Service”) are a legal agreement between you, an individual, either acting on your own behalf and in your own interests, or acting on behalf of a legal entity (“Customer”, “you”, “your”, or “user”), and Zeekoi Enterprise Solutions Pvt ltd (“Zeekoi”, “we”, “our”, or “us”), as specified in the “Contracting Party” section below, regarding your access to and use of the Website, the Services, and the Products.
1.2. Zeekoi allows users to communicate, collaborate, and create in a secure and accessible virtual, cloud-based software environment created by Zeekoi (the “Services”). Zeekoi may offer for downloading from the Website or using through the Website certain products to be used in conjunction with the Services (the “Products”) only for the Service Plan users. The Products shall be licensed subject to the terms of the applicable end user license agreement.
1.3. By accessing and using this website (https://www.Zeekoi.com/ or https://www.Zeekoi.info) and all other Zeekoi domains (the “Website”), using the Services, downloading or purchasing the Products, you agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the Website.
1.4. The terms of this Agreement may be updated by Zeekoi from time to time without notice. In case of the major changes, you will be provided with advance notification of the changes through a prominent notice within the Service and/or by email communication. The amended Terms of Service will take effect upon the date mentioned above on the top of this page, unless otherwise provided in a notice to you. Please check these Terms of Service periodically for changes.
Failure to provide or maintain accurate or current contact information by you will not obviate your responsibility to comply with these Terms of Service, as amended from time to time. If you do not agree to any changes to these Terms of Service, you must discontinue using any Zeekoi Services and Products and no longer access the Website. Your continued use of the Website, the Services, and the Products indicates your agreement to the changes.
1.5. Zeekoi reserves the right to make changes, terminate or restrict access to the Website, the Services, and the Products at any time without notice at its sole discretion.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Zeekoi has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Zeekoi may terminate your user account and refuse current or future use of any or all of the Services.
3.1. You agree not to access (or attempt to access) the Website, the Services, and the Products by any means other than through the means provided by Zeekoi or its authorized partners. You agree not to access or attempt to access the Website, the Services, and the Products by way of automated means and that you will not engage in any activity that interferes with or the Website, the Services, and the Products.
3.2. Further, you agree you shall not:
a. To disrupt or interfere or otherwise cause harm to the Website, the Services, and the Products, or affiliated or linked sites;
b. To use or attempt to use another user’s User Account (as defined below), password, or system;
c. To access or attempt to access the User Content (as defined below), which you are not authorized to access under these Terms of Service.
If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another’s privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for (i) ensuring confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Zeekoi is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org, provided that the process is acceptable to Zeekoi. In the absence of any specified administrator account recovery process, Zeekoi may provide control of an administrator account to an individual providing proof satisfactory to Zeekoi demonstrating authorization to act on behalf of the organization. You agree not to hold Zeekoi liable for the consequences of any action taken by Zeekoi in good faith in this regard.
User Accounts may not be “shared” or used by more than one individual. You are solely responsible for any and all activities that occur under your User Account (including for any consequences of using or publishing User Content on or with respect to the Zeekoi), whether or not such use was authorized by you. You agree and understand that you are responsible for maintaining the confidentiality of your User Account. Additionally, you may not use anyone else’s User Account at any time, without the permission of such account holder. Zeekoi is not liable for any harm caused or related to the theft or misappropriation of your User Account and the User Content. However, you could be held liable for losses incurred by Zeekoi or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify Zeekoi immediately.
You are solely responsible for protecting the information on your computer or your other devices for example, by installing anti-virus software, updating your applications, password protecting your files, and preventing third party access to your computer. You understand that the User Content of other users might be corrupted from viruses, software malfunctions or other causes. You agree and understand that Zeekoi is not responsible for any damage that any user may incur through the sharing and use of such corrupted User Content.
The Service may include certain communications from Zeekoi, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Zeekoi reserves the right to change its prices for any Services and/or Products at any time, or may elect to provide the Services and/or the Products that are currently available free of charge for a fee. Before we change the fees in effect or add new fees, we will give you advance notice of at least thirty (30) days. Any increase in charges will not apply until the expiry of your then current billing cycle.
If you don’t agree to such changes, you must cancel your subscription or terminate the Agreement in accordance with Section 9 of these Terms of Service. If you cancel your subscription, your subscription ends at the end of your current subscription period or payment period, and no refunds for previously paid Services or and/or Products will be issued. If you choose to downgrade your Service Plan (including select a Free plan), you may cause the loss of User Content or features for its Zeekoi Customer Account. Zeekoi does not accept any liability for such loss.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by Zeekoi in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services (“Taxes”), Zeekoi will invoice you for such Taxes. You agree to pay Zeekoi such Taxes in addition to the subscription fees. Zeekoi shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
The Services are available under subscription plans of various durations.Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Zeekoi to charge the subscription fee to the Credit Card last used by you.
No Refunds. Customer pays Zeekoi all fees associated with its Service Plan or use of the Services and the Products. Customer’s payments are not fully or partially refundable
The term of these Terms of Service shall begin when you start using the Website, the Services, or the Products and shall continue in perpetuity so long as you continue to use the Website, the Services, or the Products We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
Zeekoi reserves the right to change, suspend or discontinue the Website, the Services, or the Products, or any part thereof (including any features of the Services), or terminate these Terms of Service with you at any time, upon notice, and without any liability to Zeekoi whatsoever. .
If you want to terminate these Terms of Service and delete your Zeekoi Customer Account, you may do so by notifying Zeekoi at any time in writing at the address provided in “Contracting Party” section below. You are solely responsible for terminating your Zeekoi Customer Account. Your Zeekoi Customer Account will be deleted in accordance with Section 10. of these Terms of Service.
Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
Deletion of the User Account.
Admin has an option to terminate companies User Account, which entails the loss of access to the related Zeekoi Customer Account.
Deletion of the Administrator User Account.
If you are an Administrator and want to initiate your Administrator User Account deletion we will resolve your request using the following procedure:
(1) if you are the only Administrator and the only user in your Zeekoi Customer Account then your entire Zeekoi Customer Account will be deleted and you will lose all the data stored;
(2) if you are the only Administrator for the Zeekoi Customer Account, you must assign administrative privileges to another user. In case you do not reassign your administrative privileges we reserve the right to resolve your deletion request on a case by case basis.
Zeekoi reserves the right to suspend the Zeekoi Customer Account on the occurrence of any of the following:
(1) if you fail to comply with terms of these Terms of Service or other requirements described herein;
(2) non-deletion of User Content incompatible with a Free or cheaper Service Plan.
To restore access to the Zeekoi Customer Account suspended, you should purchase a new commercial subscription with all features and limits required for proper functioning of the suspended User Account.
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
The Administrator may initiate deletion of the Zeekoi Customer Account by contacting zeekoi after verified approval which will entail deletion of all the connected User Accounts and all connected User Content, subject to the availability of such feature. In this case, the Zeekoi Customer Account will be made inactive immediately and completely deleted over the course of 60 (Sixty) calendar days.
If we receive a complaint from any person with respect to your activities as part of use of the Services (other than where the grievance redressal mechanism provided under the head “Grievance Redressal” applies), we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Zeekoi in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Zeekoi to the complainant.
Zeekoi Services integrate with many third party applications (hereinafter “Third Party Application(s)”). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Zeekoi is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Zeekoi may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Zeekoi Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Zeekoi the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Zeekoi’s commercial, marketing or any similar purpose. But you grant Zeekoi permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
Zeekoi may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Zeekoi makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZEEKOI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZEEKOI MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZEEKOI, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU AGREE THAT ZEEKOI SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZEEKOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZEEKOI’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY THOUSAND RUPEES (₹ 50,000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.
You agree to indemnify and hold harmless Zeekoi, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Agreement , or any other claim related to your use of the Services, except where such use is authorized by Zeekoi.
We may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Zeekoi notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.
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