Terms & Conditions
1st September 2021
EvolveNext Technologies Pvt. Ltd. – Terms & Conditions
1. Introduction
This EvolveNext Technologies Pvt. Ltd. Terms and Conditions, along with the Privacy Policy, constitute an Agreement between EvolveNext Technologies Pvt. Ltd. (“Company”, “We”, “Us”) and the Customer (“You”, “Client”) by virtue of the Customer’s registration to the Services through the applicable Company website and is effective as of the date of registration (the “Effective Date”). By accepting this Agreement, the Customer confirms that they have read, understood, and accepted its contents.
Each Party represents that it has validly entered into the Agreement and has the legal power to do so and warrants that:
- (a) the Agreement constitutes a valid and binding obligation enforceable against such Party;
- (b) no third-party authorization or approval is required; and
- (c) execution and performance do not violate any other binding agreement or applicable law.
Please also review our Privacy Policy, which forms part of this Agreement and can be viewed at 👉 https://easysocial.io/privacy-policy. By accessing or using the Services, including browsing the site, the Customer expressly consents to the collection, use, storage, processing, and disclosure of their information in accordance with our Privacy Policy.
This Agreement, together with any Addendum(s), exclusively governs the entire contractual relationship between the Customer and the Company and supersedes any prior written or oral arrangements relating to the same subject matter. In the event of any conflict between the Agreement and an Addendum, the provisions of this Agreement shall prevail.
2. Definitions
- Account / License – any account created by the Customer subscribing to Services.
- Agent – a named user employed by the Customer to operate the Services.
- Confidential Information – all information provided by one Party to the other that is marked or known to be confidential.
- Company / We / Us / Provider – EvolveNext Technologies Pvt. Ltd., headquartered at C-418 Brigade Westeria, Kanakpura Road, Bangalore, India.
- Customer / You / Client – any person or entity who creates an account and uses Services supplied by the Company.
- Documents – any relevant document or Addendum related to this Agreement.
- End-User – any person with whom the Customer or its Agents interact through the Services.
- Personal Data / Personal Information – data as defined under the EU GDPR (2016/679) processed by the Company on behalf of the Customer.
- Services – the products and services supplied by the Company.
- Sub-Processor – third-party entities used by the Company to provide Services.
- Third-Party Service Provider – any third party that collects, processes, and/or uses Personal Information under Company instruction.
- Visitor – any person browsing a website where the Company’s Services are installed.
3. General Statements
EvolveNext Technologies Pvt. Ltd. provides Services including ChatFlow, Flow Maker, CallerPanel, and AI Knowledgebase via www.easysocial.io or mobile applications. Accepting these Terms and the Privacy Policy is a condition of using the Services.
- The Customer is responsible for maintaining internet connectivity and required hardware.
- The Company may modify these Terms with 30 days’ prior notice, provided such modifications do not adversely affect core provisions like payment or termination.
- Continued use of the Services after notification constitutes acceptance. Refusal to accept modifications will prevent further use of the Services.
4. Services Description
The Company provides the Customer access to ordered software through www.easysocial.io for the term specified in the Agreement. The Company may add, change, adapt, or discontinue features at its sole discretion, particularly in the event of service development.
5. Access and Use of Services
- Services are intended for business use only.
- Access is limited to authorized users (Agents) with individual credentials.
- The Customer must protect all login credentials and is responsible for all activity under its Account.
- Customers must be at least 16 years of age.
- The Customer is responsible for compliance by its Agents and End-Users.
- The Company reserves the right to access accounts for technical, administrative, or legal reasons.
- Violation of these Terms or applicable law may result in termination of the Agreement.
6. Acceptable Use Policy
Customers may not:
- Hinder or disrupt the functioning of Services.
- Engage in reverse engineering or hacking.
- Misrepresent or spoof identities or data.
- Promote unrelated products without legal basis.
- Copy, translate, decompile, or modify the Services.
- Use the Services unlawfully or in a way that infringes on third-party rights.
- Transmit harmful code or compromise security.
- Encourage or permit others to perform prohibited acts.
The Customer is solely responsible for all data collected or transmitted through the Services. The Company is not liable for how the Customer uses its data.
7. Trademarks and Intellectual Property
All intellectual property related to the Company’s websites, software, and materials remains the exclusive property of EvolveNext Technologies Pvt. Ltd. The Services are provided “as is” without warranties of any kind.
Customer grants the Company a worldwide, perpetual, royalty-free license to use feedback or suggestions for service improvement.
Unauthorized sale, lending, sublicensing, or modification of Services is prohibited. Misrepresentation of association with the Company is strictly forbidden.
8. Payments
- Services may include a free trial period.
- Post-trial use requires payment as per the price list.
- All payments are electronic; invoices are sent digitally.
- Non-payment constitutes termination of Services.
- Price changes will be notified at least 14 days in advance.
- Taxes and duties are the Customer’s responsibility.
9. Subscription
- No refunds or credits are issued except in cases of double charges, service downtime, or auto-renewal errors.
- Subscriptions renew automatically unless cancelled.
- The Customer may close its account anytime; data deletion will occur within thirty (30) days upon written request.
- Breach of this Agreement may result in account suspension or termination.
10. Data Protection Compliance
EvolveNext Technologies Pvt. Ltd. complies with applicable data protection laws of the EU and Government of India. The Company will not sell or lease Customer data and shares it only as necessary to provide or secure Services. Any data-protection concern may be reported at support@easysocial.io.
EvolveNext Technologies Pvt. Ltd. also adheres to Meta Platforms’ Partner Terms and Data Protection Addendum for WhatsApp Business API usage, covering user consent, data minimization, and deletion requests.
11. Guarantee
The Company strives for high availability and performance but does not guarantee uninterrupted or error-free operation. The Company is not liable for service interruptions or losses caused by:
- Force majeure events;
- Customer or End-User activity;
- Unlawful or improper use of Services;
- Third-party actions or infrastructure issues;
- Hardware or software outside Company control.
12. Liability
The Company’s total liability for direct damages shall not exceed the total amount paid by the Customer in the preceding 12 months. The Company is not liable for indirect, incidental, consequential, or exemplary damages, including loss of profits, goodwill, or data, even if advised of such possibilities.
13. Force Majeure
Neither Party shall be liable for any delay or failure in performance of its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, wars, strikes, labor disputes, epidemics, acts of government, Internet or power failures, or other events of force majeure. In such an event, the affected Party shall promptly notify the other Party and make reasonable efforts to resume performance as soon as practicable.
14. Final Provisions
The Company may amend or supplement these Terms from time to time. Continued use of the Services constitutes acceptance of such amendments. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of India. The courts of Bangalore, Karnataka shall have exclusive jurisdiction over any disputes.
All disputes shall first be attempted to be resolved amicably through good-faith negotiations within thirty (30) days of written notice. The Company is open to facilitating mediation if required.
15. Acceptance
By registering for, accessing, or using the Services, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions and the Privacy Policy available at https://easysocial.io/privacy-policy.