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 ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OVERSTACK AND OVERSTACK AFFILIATES WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITIES WITH RESPECT TO FREE TRIALS, AND OVERSTACK HAS THE RIGHT TO TERMINATE A FREE TRIAL AT ANY TIME AND FOR ANY REASON.
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 otherwise.
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.