TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE (THE “TERMS”) VERY CAREFULLY, AS YOU USE THE PLATFORM (AS DEFINED BELOW) IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS.

BY CLICKING ON THE "I AGREE" (OR A SIMILAR BUTTON) OR BY DOWNLOADING OR INSTALLING, REGISTERING, CREATING AN ACCOUNT, ACCESSING OR OTHERWISE USING THE PLATFORM IN ANY MANNER, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MAXCALLING.

IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE OR DOWNLOAD THE PLATFORM.

IF YOU CONTINUE TO USE THIS PLATFORM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.

  1. DEFINITIONS

    1. Maxcalling” “We”, “Us”, “Our” shall mean and include Maxcalling Software Technologies Pvt. Ltd. having its registered address at DSK Gandhkosh, Wing - C 504, Sr. No. 153/A, 154/A/2 154/B/2, 155/2, 155/1/2, Baner, Pune, Maharashtra - 411045 India.

    2. App” shall mean the mobile application titled as “Maxcalling”, together with any updates and upgrades;

    3. User”, “You”, “Your” shall mean and include any person who visits, downloads, installs and uses the Platform;

    4. Services” shall mean the service offered by Maxcalling on Our Platform including but not limited to creation of calendar tasks, reminders, client lists which are made available to You.

    5. Platform” shall mean and include the Maxcalling App along with the mobile-based website https://www.maxcalling.com/ (“Website”).

    6. App store” shall mean Google Play store and Apple’s App store.

  2. SCOPE OF PLATFORM:
    1. The Platform facilitates Services (as defined above) to You.

    2. Maxcalling reserves all rights not expressly granted herein. Use of the Platform for any purpose not expressly permitted by these Terms is strictly prohibited.

  3. REGISTRATION:
    1. To avail the Services provided through the App, You need to complete a registration process on the signup screen on the App and create a User account (“User Account”) for utilising the Services of the App.

    2. For such registration, You shall be required to provide Your email address. You will receipt one-time password (“PIN”) on Your email. By using the PIN, You will have to validate the email address for creation of the User Account. On creation of this User Account, You will be eligible for receiving further alerts and instructions related to the Services made available through the App.

  4. USER SECURITY
    1. You will be responsible for maintaining Your confidentiality and are fully responsible for all activities that occur when You access the Platform. You agree to immediately notify Maxcalling of any breach of security. Maxcalling cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.

    2. You agree to use the Platform only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law(s), regulation(s) or generally accepted practices or guidelines. You agree not to engage in any activity that may adversely affect the Platform or the use of the Platform by any other User.

    3. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Maxcalling. You shall not use any deep-link, robot, spider or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform , or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Maxcalling property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

    4. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from third parties that You may consider offensive, indecent or otherwise objectionable.

    5. Maxcalling disclaims all liabilities arising in relation to such offensive content on the Platform.

  5. ACCESS TO THE PLATFORM:
    1. By accessing or using the Platform, You represent and warrant that You are of the age of majority in the jurisdiction in which You reside. As a minor, if You wish to access the Platform, such use or access shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event, a minor accesses or uses the Platform at any time, it is assumed that such a minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. We will not be responsible for any consequence that arises as a result of any use or misuse of the Services available on the Platform that may occur by virtue of any person including a minor using or accessing the Platform. By using or accessing the Platform, You warrant that all the data provided by You is accurate and complete and if You are a minor, then Your parent/legal guardian has given You the consent to access or use the Platform. Maxcalling reserves the right to terminate Your registration and/or refuse to provide You with access to the Platform if it discovers that You are a minor and You do not have the consent from Your parent/legal guardian to access or use the Platform or any information provided by You is inaccurate or for any other reason at the Our discretion. You acknowledge that Maxcalling does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required criteria to use or access the Platform.

    2. You agree to:

      1. provide accurate, authentic and true information about Yourself,

      2. maintain Your and the Platform’s security,

      3. update the email address listed in connection with Your registration to keep it accurate so that We can contact You; and

      4. be fully responsible for all Your actions.

    3. You must access the Platform on behalf of another individual or entity unless You are authorized to do so.

    4. Accessing, browsing, subscribing or any other action with respect to the Platform does not deem to make You a member, shareholder or affiliate of Maxcalling for any purposes whatsoever, nor shall You have any of the rights of statutory members of Maxcalling.

    5. Unauthorized Use; False Information: You shall: (i) notify Us immediately of any unauthorized use or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Platform that is known to You or suspected by You, and (iii) not provide false identity or information to gain access to or use the Platform in any manner.

  6. FEES AND PRICING:

    You can use the App for input of up to 10 free entries. After adding 10 entries, you may choose to pay a one-time fee for a paid version of the App. You will be directed to the third-party payments page. Payments will be reflected either in Euros, US dollars or INR. All prices are inclusive of taxes unless stated otherwise. We do not provide refunds post purchase.

    You can elect to pay for the Services through various modes of payment:

    • Net Banking, NEFT, RTGS, IMPS, UPI and Debit & Credit Card;
    • E-Wallets;
    • Any other mode of payment as may be acceptable to the Company.

    We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction, on account of a User having exceeded the credit limit with his/her bank or for any payment issue arising out of the transaction.

    Use of the payment facilities available on the Platform shall not render Maxcalling liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Services purchased through the Platform. Maxcalling shall not be responsible for any damages, interests or claims arising from a transaction being unprocessed.

    The Platform utilizes a payment gateway for online payments. Every User who elects to pay online using such payment gateway hereby agrees to provide accurate information, such as credit/debit card information for purchasing Services on the Platform. Every User further warrants that he/she shall not use any payment information or instrument that is not lawfully owned by the User. The Platform disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or any pre-paid instruments. In addition to these Terms, the terms and conditions of the concerned bank or other financial institution shall also be applicable to every User. The Platform disclaims any liability arising out of the failure to process payments by such banks or financial institutions.

    If Maxcalling terminates your account; or if you close your account, or if the payment of your order cannot be completed for any reason, you shall be obligated to pay Maxcalling for all unpaid fees plus any penalties, as may be applicable.

    The Platform is merely a facilitator for providing the Users with payment channels through automated online electronic payments, collection and remittance facility for the payment of Services purchased by the Customers on the Platform using the existing authorized banking infrastructure and online payment gateway networks.

  7. CONTENT AVAILABLE:

    Maxcalling does not make any warranty or representations for the Services provided on the Platform. Maxcalling shall not be held liable under any circumstances including, but not limiting to any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, Services liability, claims or omission of information or details posted, or any link accessible or made available through this Platform. You understand that by using this Platform, You may be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. Maxcalling assumes no responsibility for such content. You agree that You are solely responsible for Your use of the Services made available through the Platform, and Maxcalling shall not be responsible and/or liable for any consequences arising from such use.

  8. CONFIDENTIALITY:
    1. Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the Services, functionalities, processes, data and information regarding the Platform, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”).

    2. Confidential Information shall, however, exclude any information which (i) is/was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without the use of Confidential Information; or (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency.

    3. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.

    4. We may, at Our discretion, keep any personal information shared by You, confidential and only use it as per the terms of Our Privacy Policy.

  9. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
    1. The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by Maxcalling and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant You any right to any intellectual property contained in or available on the Platform.

    2. Maxcalling respects copyrights, and We prohibit Users from submitting or transmitting any content or details through the Platform that violates another person’s or entity’s proprietary rights.

    3. If You believe that the Platform contains elements that infringe Your intellectual property rights from Your work, please notify Maxcalling immediately. If We receive any intellectual property right infringement claim notification, We may remove all such content which is indicated as infringing and/or take any other appropriate action at Our discretion.

    4. All material on this Platform, including but not limited to audio, video, images, photographs, software, text, icons and such like (the “Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Content, except as specified herein.

    5. There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by Us or otherwise. By displaying them on the Platform, We are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

    6. You may choose to, or We may invite You or any third party to submit or You may submit or take part in chats, testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Services, including without limitation about how to improve the Services of the Platform (“Feedback”) on the contact form available on the Platform. By submitting such Feedback, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Maxcalling under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that We are free to use the Feedback, without any additional compensation to You, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Maxcalling does not waive any right to use similar or related ideas previously known to Maxcalling or developed by its employees or obtained from sources other than You.

    7. In case You wish to submit any oral Feedback or raise a complaint, please write to us on itadmin@maxcalling.com

  10. PROHIBITED CONDUCT:

    You agree not to engage in any of the following activities:

    1. Violating laws and rights: You may not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any content protection system or digital rights management technology used in connection with the Content, (d) rebroadcast or transmit the Content, (e) modify the Platform in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from the Platform Content, or by framing, mirroring, or utilizing similar techniques.

    2. Solicitation: You may not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

    3. Disruption: You may not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other User’s use and enjoyment of the Platform; including but not limited by:

      1. uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or

      2. interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server, or

      3. modifying, merging, revising or enhancing the Platform in any way, or

      4. decompiling, disassembling, reverse engineering the Platform in any manner whatsoever.

    4. Harming others:

      You may not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incite the commission of an illegal or violent act.

    5. Impersonation or unauthorized access:

      You will not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using the Platform.

      You will not use or attempt to use any other person or entity’s information, personal or otherwise; and You will not attempt to gain unauthorized access to the Platform, through hacking, password mining or any other means.

    6. Developing competing offerings:

      1. You will not use the Platform to develop any competing Platforms, or Services which are similar or substantially similar to the Platform.

      2. You understand and acknowledge that if You indulge in any of the prohibited conduct stated above, and it is brought to the notice of Maxcalling, Maxcalling may terminate Your right to use the Platform and the Services and take any other corrective action as it deems fit.

      3. In the event You are at the receiving end of any offensive content or are the victim of any such action of any other User, You are encouraged to report such content or conduct to Maxcalling. Maxcalling may delete such offensive content and take any ,other corrective action as it deems fit.

  11. TERM AND TERMINATION:

    Maxcalling reserves the right to terminate Your right and access to use the Platform with or without any reason whatsoever. Additionally, Your right to access and use the Platform terminates automatically upon Your material breach of these Terms.

    Survival: The Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Jurisdiction and Applicable Laws provisions will survive any termination of these Terms.

  12. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICES PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MAXCALLING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES AND YOUR USE THEREOF. MAXCALLING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY INFORMATION PROVIDED OR THE PLATFORM'S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES DISPLAYED, DELIVERED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICES.

  13. INDEMNIFICATION

    You agree to indemnify Us and hold Us harmless from and against any claims arising out of or relating to:

    1. Services available on the Platform;

    2. Any breach of these Terms;

    3. Any breach of applicable laws;

    4. Any transaction (present and subsequent) between You and Maxcalling or any third-party advertisers;

    5. Your use of and access to the Services available on the Platform;

    6. Your violation of these Terms;

    7. Your violation or infringement of any third-party right, including without limitation any right of privacy or intellectual property rights; and

    8. Your violation of any applicable law, rule or regulation.

  14. LIMITATION OF LIABILITY

    IN NO EVENT SHALL MAXCALLING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MAXCALLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM, SERVICES OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICES, FROM INABILITY TO USE THE PLATFORM OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICES PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY SERVICES, DESCRIPTION OF SERVICES RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR ANY INFORMATION OR LINKS ON THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MAXCALLING SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS FACILITATED, CONTROLLED AND OFFERED BY MAXCALLING FROM ITS FACILITIES IN INDIA. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MAXCALLING EXCEED THE AMOUNT OF INR 1000.

  15. APPLICABLE LAW AND JURISDICTION

    These Terms shall be governed for all purposes by the laws of the Republic of India. The acceptance of the Terms shall be deemed to have been given at Pune, Maharashtra, India and the courts at Pune shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the parties arising under these Terms, to the exclusion of all other courts in India.

  16. GENERAL
    1. No assignment: These Terms may not be assigned by either Party, in whole or in part, without prior written consent of the other Party. Any attempted transfer or assignment by You in violation hereof shall be null and void.

    2. No agency relationship: You agree that no joint venture, employment, or agency relationship exists between you and Maxcalling as a result of these Terms or due to Your use of the Platform.

    3. No waiver: Maxcalling’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.

    4. Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

    5. Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between You and Maxcalling relating to this subject matter and supersede any and all prior communications and/or agreements between You and Maxcalling relating to this subject matter.

    6. Dispute Resolution: In the event of a dispute between You and Maxcalling arising in connection with these Terms, such dispute shall be solely and finally resolved by binding arbitration. Arbitration shall take place in Pune, India. The foregoing shall not prevent Maxcalling from seeking applicable injunctive relief in a court of competent jurisdiction.

    7. Choice of Law and Jurisdiction: These Terms are governed by and shall be construed according to the laws of India. The acceptance of the Terms shall be deemed to have been given at Pune, Maharashtra, India and the courts in Pune shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the parties arising under these Terms, to the exclusion of all other courts in India.

  17. TECHNICAL SUPPORT

    You may write to Us for Maxcalling Technical Support at itadmin@maxcalling.com

  18. PRIVACY POLICY:

    Maxcalling is committed to responsibly handling the information and data We may collect through the Platform in compliance with Our Privacy Policy. Please review the Privacy Policy so that You are aware of how We collect and use Your personal information. Our Privacy Policy can be read at https://www.maxcalling.com/privacy-policy.php.

  19. ELECTRONIC RECORD:
    1. This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

    2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Terms of Use for access and usage of the Platform.

  20. CHANGE IN TERMS:

    We may update these Terms without notice to You. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the Platform after such change shall be deemed to be Your acceptance of the revised Terms.

  21. The Terms were last modified on 20-Sept-2022.