Terms & conditions

Terms & Conditions

This user agreement (“Agreement”) is an agreement between you and Search360 (“Search360” or “we” or “us” as the context requires) governing your use of Search360 services with the Characteristics and features as described on search360.ai (“Website”). ‘Search360’ and its services are owned and operated by Matrix Media Solutions Private Limited, a company incorporated under the laws of India, and having its registered office at E 2/3, EP & GP Block, 5th Floor, Sector V, Salt Lake City, Kolkata, West Bengal-700091, India.

By accessing the Website, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. You specifically agree that by using the website, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract. This Agreement governs your access and use of this Website and applies to all visitors, users and others who access the Service (“Users”). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website. Search360 will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. All changes are effective as soon as we post them and by continuing to use the Website and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website and availing services is subject to the most current version of the terms of use posted on the Website at the time of such use.

Search360 is an advanced salesbot designed to help organizations maximize their customer engagement. A salesbot is simply a technology that is capable of simulating life-like live conversations. Through the use of advanced algorithms and autonomous reasoning, our salesbot delivers high quality and smooth conversation experience between the user and the computer. The Users may purchase the Plans on the Website using the payment gateway provided therein. The use of the Website and the purchase of the Plans shall be governed by the terms hereof.

1. ACCESS

i. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website by notifying the same on our Website from time to time without prior notice to you. We will not be liable, if for any reason our Website or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website, or our entire Website, to Users who have registered with us.

ii. Search360 grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Search360’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

iii. In order to access the Services, you will need to register on the Website and create a Profile account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.

iv. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Search360 of any unauthorized use of your password or user identification code, by sending details of such unauthorized use.

v. You are also responsible for ensuring that any persons who access our Website and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to Search360 for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

vi. Search360 reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by Search360 from using the Website or Services for any reason whatsoever.

2. MEMBERSHIP & REGISTRATION

i. Once you complete registration on the Website, you will be a member which allows you to make use of the Services on the Website subject to these terms and conditions; allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website or describing new services that we enable on the Website.

ii. By providing Search360 your email address/ phone number you consent to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email.

3. PRIVACY AND PERSONAL INFORMATION

For information about Search360’s data protection practices, please read Search360’s privacy policy. This policy explains how Search360 treats your personal information, and protects your privacy, when you use the Services.

4. TERMS OF USE OF SERVICES

Regardless of the billing cycle, the Company provides no refunds or credits for unused time of the Services or plan downgrades if customers decide to close their account before the end of their subscription period. There will be no exceptions in order to treat all Customers equally and to keep our administrative costs low for the ultimate benefit of our Customers.

5. RESTRICTIONS ON CONTENT

Your contribution must not:

i. belong to another person and contain any information that you do not have any right to;

ii. Be defamatory of any person;
iii. Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libellous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
iv. Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology or other applicable laws containing offences relating to content that is publicly accessible;
v. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
vi. Infringe any intellectual property including copyright, database right or trade mark of any other person;
vii. Be likely to harass, upset, embarrass, alarm or annoy any other person;
viii. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
ix. Be such that it is known by you to be false, inaccurate or misleading;
x. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files;
xi. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.

6. RESTRICTIONS ON USE OF SERVICES

You are not permitted to and shall not do any of the following acts, the breach of which shall entitle Search360 to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:

i. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
ii. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website;
iii. Attempt to copy any software provided to you as part of the Services or the Website and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
iv. Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
v. Access or use the Website in any manner that could damage, disable, overburden, or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
vi. Access or attempt to access any content that you are not authorized to access by any means;
vii. Access the Website through any other means other than through the interface that is provided by us;
viii. Alter or modify any part of the Services; and
ix. Disrupt or interfere with the security of, or otherwise cause harm to the Website, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated linked sites.

7. RIGHTS RESERVED BY SEARCH360

i. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services;
ii. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy;
iii. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions;
iv. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Search360, its Users and the public. Search360 shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard;
v. We reserve the right to introduce or change the prices of our Services as and when required to do so. Such change may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website itself.
vi. Search360 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

8. BREACH OF CONTENT STANDARDS

When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:

i. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website;
ii. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
iii. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate. Upon such termination/suspension of your account, you will no longer be able to access your account. Your use of the content accessed or displayed using the Services is entirely at your own risk.

9. BILLING AND PAYMENT

i. When you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Search360 may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion;

ii. Regardless of the billing cycle, the Company provides no refunds or credits for unused time of the Services or plan downgrades if customers decide to close their account before the end of their subscription period. There will be no exceptions in order to treat all Customers equally and to keep our administrative costs low for the ultimate benefit of our Customers. Closure of the account before the end of the current billing cycle does not obligate Search360 to refund any amount for the unused period.

10. INDEMNITY AND LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless Search360, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service and Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service and Website.

Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website to use the Services.

11. OFFENCES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments).

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website.

12. SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

13. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

i. All right, title and interest in usage of the terms Search360.ai, Search360 including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.

ii. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Matrix Media Solutions Private Limited and its licensors. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Matrix Media Solutions Private Limited.

iii. Except as expressly provided in these terms of use, no part of Search360 and no content or marks, data, statistics, independent research conducted and posted by Search360 may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.

iv. By accepting the use of terms hereunder you agree that the Search360 does not transfer/assign the title to the Website to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Search360, we retain the full and complete right, title and interest to the Website, and all intellectual property, title and interest to the Website, and all intellectual rights therein.

v. Any usage of Search360’s contents, without the written authorization of Search360, shall be considered a breach of this Agreement, and you shall be required to indemnify Search360 for all liability incurred in this regard.

14. GOVERNING LAW

i. The jurisdictional court of Kolkata shall have sole jurisdiction over any claim arising from, or related to, a visit to/use of the Website or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.

ii. Search360 accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.