Terms & Conditions OLD

Terms & Conditions

The following service terms and conditions (the “Terms“) govern your access to, and use of, the Tuvis software-as-a-

service (“SaaS“) widget and dashboard and related documentation, features, and services, as well as any fixes, updates

or upgrades thereto (collectively, the “Software” or “Services”). Therefore, please read these Terms carefully, since they

set out the legal rights and obligations between you, the customer (“Customer” or “you“), and Overstack Ltd. (together

with our respective affiliates and subsidiaries, “Overstack“, “we“, “our” or “us“) with respect to the subject matter hereof.

By checking the ‘I accept the term of use’ box, you acknowledge that you have reviewed these Terms, and that you agree

to be bound by, these Terms. Furthermore, you represent and warrant that you are at least eighteen (18) years old and, if

you are entering into these Terms on behalf of your employer or other legal entity, that you have full authority to bind

said employer or other legal entity to these Terms. If you do not agree to these Terms, or do not have authority to bind

your employer or other legal entity, please do not accept these Terms, nor access or use the Services. You hereby waive

any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records,

to the extent not prohibited under applicable law.

1. Description of Services.

We make the Software available to our customers (each, a “Customer“) on a SaaS basis. The Software is a connector
between WhatsApp and Salesforce. The Software helps create leads, view contact details and copy chats between
WhatsApp and Salesforce. In addition, the Software includes a chat routing feature which allows people to start chats
with Overstack’s agents on WhatsApp.

2. Right to Use the Services.

  • Subscriptions to Software. Subject to your compliance with these Terms and payment of applicable subscription fees,
    Overstack hereby grants you, and you accept, a non-exclusive, non-transferable, non-sublicensable, non-assignable,
    non-transferable and fully revocable right to access and use the Software, during the Subscription Term (as defined
    below), for your internal business purposes only.
  • Free Trial. For each Subscription, Overstack may offer a free trial period (if offered, the default period is fourteen (14)
    days, unless configured otherwise by Overstack) (“Free Trial” and “Free Trial Period“) prior to charging for the Fees.
    The Free Trial, if any, shall commence on the date that you commence access or use of the Services, and will
    terminate at the end of the Free Trial Period, or sooner if: (a) you proceed to begin paying the applicable Fees, (b) you
    requests to cancel the Subscription, or (c) the Free Trial is terminated by Overstack, in its sole discretion. Upon
    termination of the Free Trial, and unless you have cancelled the Subscription or Overstack has terminated the Free
    Trial, the Fees shall become immediately due and payable (and if no payment or billing information have been
    provided, you shall, and may be required, to provide such information). Free Trials are permitted solely for you to
    determine whether to proceed to a paid Subscription. Free Trials may not include all Features. NOTWITHSTANDING

3. Account.

In order to access and use the Software, you are required to become a Customer. In order to become a Customer, you
must create an account (“Account“). Overstack may, at its sole discretion, approve or reject the opening of the Account.
Customer hereby agrees: (i) not to allow anyone other than its employees, agents and independent contractors who are
explicitly authorized by Customer to use the Software (“Permitted Users“) to create an account and/or use the Software ;
(ii) to provide accurate and complete Account and login information; (iii) to remain solely responsible and liable for the
activity that occurs in connection with your Account; (iv) to keep your Account password secure; and (v) to notify
Overstack immediately of any breach of security or unauthorized use of your Account. If you wish to delete your Account,
you may send an email request to Overstack at: [email protected].

4. Restrictions.

  • Restrictions on Use of the Software. You shall not, and shall not allow any third party to: (i) copy, distribute, broadcast,
    rent, lease, lend, use for timesharing or service-bureau services, export, modify, adapt, translate, enhance, customize,
    or otherwise create derivative works of, the Software or any part thereof; (ii) reverse engineer, decompile, disassemble,
    or otherwise attempt to derive the source code of, the Software or any part thereof; (iii) remove or distort any
    proprietary notices, labels or legends on or in the Software (including when you download or print a copy of any
    Content (defined below); (iv) use any automated means to access or use the Software, nor circumvent or disable any
    security or technological features of the Software; (v) use, send, upload, post, transmit or introduce any device, code,
    routine or other item (including without limitation bots, viruses, worms, and Trojan horses) that interferes (or attempts
    to interfere) with the operation or integrity of the Software, nor any content that is unlawful, infringing, defamatory,
    deceptive, obscene fraudulent, harassing, pornographic, or abusive; (vi) use the Software to design or develop any
    competing product or service that competes with the Software; (vii) use the Software for any unlawful or fraudulent
    purpose, to breach these Terms, or infringe or misappropriate any third party intellectual property, privacy, or
    publicity right; (viii) take any action that imposes or may impose, as determined in Overstack’s sole discretion, a
    disproportionately large load of incoming requests on the Software infrastructure; (ix) violate or abuse password
    protections governing access to the Software; or (x) store or transmit any robot, malware, Trojan horse, spyware, or
    similar malicious item (for example, by way of your content) intended (or that has the potential) to damage or disrupt
    the Services or Overstack’s Software; (xi) employ any hardware, software, device, or technique to pool connections,
    devices or users that directly access or use the Service or Overstack’s Software (sometimes referred to as
    ‘virtualisation’, ‘multiplexing’ or ‘pooling’) in order to circumvent any limitations or conditions on the scope of the
    Subscription; (xii) forge or manipulate identifiers in order to disguise the origin of any data or content inputted or
    uploaded to, or transmitted through, the Services; or (xiii) take any action that imposes or may impose (as determined
    in Overstack’s reasonable discretion) an unreasonable or disproportionately large load on the servers, network,
    bandwidth, or other cloud infrastructure which operate or support the Service or Overstack’s Software, or otherwise
    systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure.
  • Reservation of Rights. For the avoidance of doubt, the Service and Overstack’s Software are only licensed hereunder,
    and no title in or to the Service or Overstack’s Software passes to you. Any rights not expressly granted herein are
    hereby reserved by Overstack and its licensors, and, except for the Subscription, you are granted no other right or
    license to the Service or Overstack’s Software, whether by implied license, estoppel, exhaustion, operation of law, or
  • Data Backup. The Service is not intended to, and will not, operate as a data storage or archiving product or service,
    and you agree not to rely on the Service for the storage of any of your Customer Data whatsoever. You are solely
    responsible and liable for the maintenance and backup of all of Customer Data.
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