Terms of Service
This is an agreement between Oxynus Technologies Private Limited (“AnswerWise” or “We”) the owner and operator of the website www.answerwise.io (the “AnswerWise site”), the AnswerWise service and software (collectively, including the services, source code, API libraries, SDK, documentation, web dashboard and applications, henceforth referred to as “AnswerWise” or “Service”) and you (“User” or “You”), a user of AnswerWise. In case of individuals representing organizations, the term User shall include the individual and the organization they represent. “Subscribers” are Users who pay subscription fees to Oxynus Technologies Private Limited for use of AnswerWise. In case AnswerWise is acquired or is merged with any other entity, all clauses of this agreement will be deemed valid between the User and the new entity or acquiring entity, thereby also transferring all rights held by AnswerWise to the new entity.
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THEN DO NOT CHOOSE THE “LOGIN”, “SIGN UP”, “ACCEPT”, OR “AGREE” BUTTON OR ANY SIMILAR BUTTON OR LINK AND DO NOT USE THE AnswerWise Service, and Oxynus Technologies Private Limited is unwilling to provide you rights to use the product.
THE SERVICE AND THE SITE ARE AVAILABLE FOR COMPANIES AND INDIVIDUALS AGED 13 OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTANDS AND ACCEPTS THESE TERMS. BY ACCEPTING THESE TERMS YOU REPRESENT THAT YOU ARE NOT UNDER THE AGE OF 13.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ALSO REPRESENT THAT YOU ARE NOT INCAPACITATED OR PROHIBITED BY LAW/COURT ORDERS/STATUTES APPLICABLE TO YOU FROM ENTERING INTO AN AGREEMENT OF THIS NATURE OR FROM USING THESE SERVICES.
WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF OR ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF AnswerWise SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF THESE TERMS ARE CONSIDERED AN OFFER BY Oxynus Technologies Private Limited, USER’S ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Obtaining Access to AnswerWise:
You may obtain access to AnswerWise only via our website www.answerwise.io. You shall not download the AnswerWise API library files, documentation or source files from any other sites except where distributed explicitly by Oxynus Technologies Private Limited. Your use of AnswerWise is illegal if you have obtained access via an individual or entity where Oxynus Technologies Private Limited has not explicitly permitted sale, download or distribution of the product.
AnswerWise grants you a limited, non-transferable, non-assignable license to use AnswerWise for your website and apps. AnswerWise reserves all other rights related to the service that have not been expressly licensed to you. You hereby acknowledge that no right, title, interest in the nature of or ownership in AnswerWise being transferred or assigned, except the license as aforesaid, and this AGREEMENT is not to be construed as a sale of any rights in AnswerWise.
You represent that you shall not directly or indirectly, aid or attempt to (i) crack, hack, reverse-engineer, decompile, disassemble, decrypt, duplicate, copy, replicate the software or content/files associated with it, attempt to derive source code or structure, (ii) modify, derive from the software, (iii) remove copyright notices or other notices or logos, (iv) use design or copy or images from the service without explicit written permission from Oxynus Technologies Private Limited, (v) use the service or its components for any purpose other than for intended use, (vi) violate other users’ privacy, (vii) circumvent any security measures, (viii) impersonate others or use the service for harassing or any illegal activities (ix) damage your own or other users’ services in any manner, (x) gain illegal or unauthorized access to content, software, services, networks or systems or (xi) disrupt or damage computer systems, networks, software or data associated with Oxynus Technologies Private Limited.
You represent and agree that you shall not to use any automated systems or tools that may lead to using the service in a manner that generates more events or requests than could be generated by a human in the same time.
You are free to advertise this software to others through legal channels (sharing information on the service or link to the site via blogs, websites, twitter, etc.).
AnswerWise may modify, suspend or terminate the service offered at any point in time at its sole discretion. AnswerWise may also impose restrictions on usage, or usage limits on certain features at its sole discretion.
You unconditionally acknowledge and agree that AnswerWise is the owner of the software/product, and all copyrights and all other rights in the nature of copyright and other common law rights solely and exclusively vest in AnswerWise, and you shall not infringe the same in any manner, directly or indirectly, and shall not cause to be infringed by third parties by any of your acts. You shall not, at any point of time, challenge or dispute or deny the right, title and interest of AnswerWise and the copyright and all other rights in the nature of copyright and all common law rights of AnswerWise in respect of the software/product.
You shall not re-distribute or re-sell the AnswerWise service and access to it without explicit written permissions and a formal arrangement with Oxynus Technologies Private Limited to do so.
You are permitted to modify source code and resources made available for the purpose of modifying the user interfaces and experience of the AnswerWise service for your Apps.
You shall not use the Service for any purposes that may be illegal or may violate the privacy of other Users and your App users or other Users’ App users.
Fees and Payment:
Subscribers are required to pay Oxynus Technologies Private Limited fees for the Service as laid out in the proposal sent by the AnswerWise team. Unless otherwise agreed to by the parties in writing, all Fees are payable by credit card. The Fees is payable within 5 days from the end of the subscription period for each period. Subscriber hereby authorizes AnswerWise to charge Subscriber's credit card for purposes of recurring payments towards the fees. AnswerWise reserves the right to change the Fees at any time with a 3 month grace period for existing subscribers (changes will apply on a going forward basis post the 3 month grace period). Non-payment of fees shall lead to termination of access to features of the Service or termination of the User account by AnswerWise. Any service taxes payable shall be borne by the Subscriber. In case of any disputes on the billing amount charged, the Subscriber shall have to notify AnswerWise within 60 days of the amount being charged to be considered for correction. Subscriber fees are non-refundable except if the Subscriber terminates this agreement for breach by AnswerWise, or AnswerWise terminates the agreement.
Obtaining Access to AnswerWise:
AnswerWise may, at its sole discretion, enhance, alter or modify the AnswerWise Service at any point of time as it desires. AnswerWise shall distribute updates via the Site and may or may not notify the User of such updates. Updates to the product are also considered part of AnswerWise or Service.
In some cases, AnswerWise shall require the user to upgrade to a newer version of AnswerWise to continue using the service for security or other reasons.
AnswerWise reserves the right to update or modify this AGREEMENT at its sole discretion. Updates to the agreement shall be made available via the AnswerWise Site (answerwise.io/terms) and Users with valid email addresses registered with the Service may be intimated of the changes via email. By continuing to use the product post updates posted on the AnswerWise site, the user is bound by the new agreement. If the agreement is not acceptable to the user, the user shall have to stop using the Service. It is the responsibility of the user to check the site periodically for updates to the agreement.
Termination of Service and License
AnswerWise may decide at its sole discretion to terminate the services provided as part of the AnswerWise Service at any time with a notifying email sent to users registering with valid email ids 10 days in advance of such termination.
In the case of termination of the service, all user-created data of campaigns could be cy below non-accessible post termination. AnswerWise has no obligations to provide mechanism for users to access user content created or shared using AnswerWise post such termination.
AnswerWise can change the terms of this license at any time and revoke the license to use the product from individuals at its sole discretion.
You agree that you are aware and fully acknowledge that this Service has no warranty of any kind. AnswerWise shall not be responsible for costs, expenses, damages of any kind incurred due to or arising from usage or failure of the Service.
Use of Customer Data
You have the exclusive right to use all Customer Data and all reports based on Customer Data generated by the Service, for any purpose related to your business. Notwithstanding the foregoing, you acknowledge and agree that AnswerWise may, at any time and in its sole discretion: (i) use any or all Customer Data internally as needed to troubleshoot issues or improve the Service; and (ii) use, for its internal purposes, statistics collected about how Customer Data is used with the AnswerWise Service.
You agree to indemnify AnswerWise, its directors, employees, and partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, your access to the Service, or use or mis-use of the Service.
You agree that jurisdiction for settling any disputes with AnswerWise lies with the courts of Bangalore, India.
THE ANSWERWISE SERVICE AND ANY ANSWERWISE CLIENT APPLICATION ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ANSWERWISE DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ANSWERWISE MAKES NO WARRANTY THAT THE ANSWERWISE CLIENT APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANSWERWISE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of AnswerWise used herein are trademarks or registered trademarks of AnswerWise. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not assign or transfer this Agreement, by operation of law or otherwise, without AnswerWise’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. AnswerWise may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given: (i) by AnswerWise via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Complaints & Grievances
For any complaints or grievances related to AnswerWise, please reach us at email@example.com