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Terms of Service

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Last updated on 8th November 2024

This is an Agreement (“Agreement”) between BoothMaven, herein (“BoothMaven”), having an office and place of business at BoothMaven, 14/21-A, Desigar Street, Vadapalani, Chennai – 600026, India and the entity agreeing to the terms herein (“Participant”, “You”, “you” or “Customer”). By using or accessing any part of the Service, You agree that you have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, You must not use or access the Service. If you are entering into this Agreement on behalf of a company, you acknowledge that you have the authority to bind that company to the terms of this Agreement.

1.Description of Service

BoothMaven provides a software as a web service, also referred to as cloud service, named BoothMaven (hereinafter referred as “Service” or “Services”). The Service is offered and provided subject to the terms and conditions of this Agreement. The Customer shall connect to the Service using any internet browser or mobile application supported by the Service. The Customer is responsible for obtaining access to the internet and the equipment necessary to access the service.

2.Modification of Terms of Service

BoothMaven reserves the right to update and change the Terms of Service from time to time; an updated version will be published on our website at terms of service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Terms of Service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at terms of service.

3.Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:

(i) transfer or otherwise make available to any third party the Services;
(ii) provide any service based on the Services without prior written permission;
(iii) use the Services for spamming and/or other illegal purposes; or
(iv) reverse engineer or access the Service in order to

(a) build a competitive product or service,
(b) build a product using similar ideas, features, functions or graphics of the Service, or
(c) copy any ideas, features, functions or graphics of the Service.

4.Payment, Refund, and Subscription Terms

  1. A free trial is offered without the need for a credit card.
  2. To continue using the Services after the free trial period, you must begin a paid subscription which requires a valid credit card. Enterprise customers may request a paper contract that includes alternate billing arrangements including purchase orders.
  3. The Service is billed on a monthly and/or annual basis. In both cases, the amount billed is non-refundable. There will be no refunds or credits for partial months of service.
  4. Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current term.
  5. Information on the subscription options and charges for all paid Services is available in the pricing page of our website.
  6. BoothMaven reserves the right to change the subscription fee from time to time.
  7. In case of non-payment for any reason or any violation of these terms, BoothMaven shall be entitled – without liability – to immediately bar Customer’s access to the Service.

5.Data ownership & Privacy

  1. BoothMaven does not own any customer data. The Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data.
  2. BoothMaven provides an automatic data backup for all customer data. This backup solution is built on top of the world’s leading cloud hosting providers like Google, Inc., Amazon.com, Inc., and others. However, there might be rare occasions of data loss or failure to store or retrieve any data due to a defect in our software or the software used by the above-mentioned cloud service providers. In such cases, BoothMaven will restore the last backup data in mutual consultation with the customer.
  3. You acknowledge in all cases that BoothMaven acts as the data processor of Customer Data and you are the data controller of Customer Data under applicable data protection regulations in the European Union and European Economic Area. The Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement. If you are subject to the GDPR you understand that if you give an integration provider access to your BoothMaven account, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers are considered our sub-processors.
  4. Solely and only for the purpose of providing the services to you, with respect to BoothMaven functionalities like backup, replication, high availability, caching for speed, performance, throughput and various other functional and non-functional capabilities, you grant BoothMaven royalty-free, worldwide permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your account.
  5. You hereby consent that, BoothMaven may identify you as a Customer of the service (using your name and logo) and generally describe the products or services it provides to you in its promotional materials, presentations, media, press releases and proposals to other current and prospective customers.
  6. If a Customer does not renew the subscription for the Service, BoothMaven shall provide all Customer Data on explicit written request from the customer in a generally accessible format within 30 days after the end of such term and thereafter may delete the customer account and all of the Customer Data. Please note that some information like billing and subscription may remain with us for accounting and legal reasons. Additionally, Customer Data may remain with us for the period of 90 days on our replication servers and/or high availability servers, beyond which it is completely deleted.

6.Acceptable use restrictions

You must:

Not use BOOTHMAVEN in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into BOOTHMAVEN or any operating system;

Not infringe our intellectual property rights or those of any third party in relation to your use of BOOTHMAVEN, including by the submission of any material (to the extent that such use is not licensed by these User Terms);

Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of BOOTHMAVEN;

Not use BOOTHMAVEN in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
Not collect or harvest any information or data from any aspect of BOOTHMAVEN or our systems or attempt to decipher any transmissions to or from the servers running BOOTHMAVEN;

Not access, search or create accounts for BOOTHMAVEN by any means other than our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk); and

Not use contact or other user information obtained from BOOTHMAVEN (including email addresses) to contact other Users outside of BOOTHMAVEN without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other Users for use outside of BOOTHMAVEN .

7.USER CONTENT

(a) We may now or in the future permit you to post, upload, transmit through or otherwise provide through our Site or Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively “User Content”).

(b) Standards: You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User

Content. Furthermore, you represent and warrant that your User Content:

will be truthful, non-misleading and non-deceptive;

will not contain any material which is tortious (e.g,defames or invades the privacy of  any person,etc.),obscene,offensive,hateful or inflammatory;

will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;

will not be threatening, abuse or invade another’s privacy, or provided with an intent to harass, upset or embarrass any other person;

will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or

will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).

(c) We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, or for any other lawful reason.

8.Confidentiality

Confidential Information of the Customer shall mean all business and technological information of Customer and shall include the Customer Data. Confidential Information of BoothMaven shall mean the Services other than the Customer Data. Confidential Information shall not include any information which is in the public domain (other than through a breach of this agreement), which is independently developed by the recipient or which is received by a third party not under restriction. The recipient will not disclose the Confidential Information, except to affiliates, employees, agents, professional advisors, or third party vendors who participate in the provision of the Services hereunder who need to know it and who have agreed to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction; provided that the recipient uses commercially reasonable efforts to promptly notify the other party of such disclosure before complying with such order.

9.General Account Terms

  1. Access to the Service is only available to the Customer and the Users to whom the Customer grants access, subject to the Customer making the applicable payments for the Service under this Agreement.
  2. Usernames and passwords are personal, and are to be considered part of Confidential Information of Customer. The Customer is at all times fully liable for all acts and omissions by Users whom the Customer has granted access and agrees to indemnify BoothMaven for all claims and losses related to such acts and omissions.
  3. Customer may not use the Service for any illegal or unauthorized purpose. Customer must not, in the use of the Service, violate any laws in customer jurisdiction (including but not limited to copyright laws).
  4. BoothMaven may make updates to the Service from time to time as per market demands.
  5. Customer is responsible for all taxes and Customer will pay BoothMaven for the Services without any reduction for taxes. If BoothMaven is obligated to collect or pay taxes, the taxes will be invoiced to Customer.
  6. Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and BoothMaven owns all Intellectual Property Rights in the Service.
  7. When the Customer pays BoothMaven via bank transfer, the necessary bank transfer charges should be borne by the Customer. For avoidance of doubt, the total license fee payable should be credited to our account without any deductions.

10.Intellectual property

  1. Unless otherwise agreed between the Parties, the software designed or developed as part of the provision of the Service, as well as models, schemes, algorithms, graphic elements, trademarks, logos and any other intellectual or industrial property rights, are the exclusive ownership of BoothMaven
  2. The stipulation of these Terms & Conditions does not imply, nor will it entail, any assignment, license or tacit consent to use them, except where expressly indicated.

11.Warranty and Disclaimer

  1. BoothMaven warrants that it will provide 99% uptime of the service failing which downtime credit will be provided for the time the service was not available.
  2. BoothMaven agrees to defend, indemnify, and hold harmless Customer, its Affiliates, and their respective, officers, directors, employees, agents, representatives and contractors from and against any claims, actions, demands, liabilities and expenses, including, without limitation, damages, other monetary relief, expert fees, costs and reasonable legal fees, alleging or resulting from any claim that the Services infringe upon the intellectual property rights of whatever type or form of any third party.
  3. BoothMaven is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the Customer provided internet and electronic communications.
  4. Except as otherwise provided herein, the Service is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
  5. BoothMaven takes reasonable care for virus protection and other harmful components; however, given the nature of virus evolution, BoothMaven makes no warranty that the service will be free of viruses or other harmful components.
  6. BoothMaven makes no warranty that:
    1. the service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); however, when such errors or interruptions occur, BoothMaven will take reasonable efforts the rectify the errors and interruptions;
    2. any information or advice obtained by the Customer in connection with the usage of the Service for the fitment of its internal business purpose will be accurate or complete. BoothMaven’s employees and consultants make a best case effort to provide the most relevant information to the customer but BoothMaven would not be able to guaranteed its accuracy or fitment for purpose; that should be decided by the customer by taking into account other factors that BoothMaven might not be privy to,
    3. the results of using the Service will meet Customer requirements.

12.Limitation of Liability

IN NO EVENT SHALL BOOTHMAVEN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BOOTHMAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BOOTHMAVEN RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL BOOTHMAVEN’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST 2 MONTHS FEES PAID BY YOU TOWARDS SUCH SERVICE

13.Privacy Terms

At BoothMaven, we respect our customers and users need for online privacy and protect any personal information that may be shared with us, in an appropriate manner. BoothMaven’s practice in regards to the use of customer personal information is detailed in our Privacy Policy Page

14.Governing Law & Jurisdiction

This agreement shall be governed by the laws of the State of TamilNadu, India.

15.Contacting us

Should you have any questions concerning this “Terms of Service”, or if you desire to contact BoothMaven for any reason, please contact in writing:
BOOTHMAVEN,
No 14/21 – A, Desigar Street,
Vadapalani, Chennai,
TamilNadu, India – 600026.
[email protected]
Last Updated: Nov 08, 2024