Terms of Service

WizRocket Inc., a Delaware corporation (“WizRocket”, “we” or “us”) provides its customers (“Customers”) with the ability to analyze how their end users (“Customer End Users”) interact with Customer website(s) or mobile application(s) and contact Customer End Users via the CleverTap service (the “CleverTap Service”).

Use of the CleverTap Service, CleverTap.com and any other Uniform Resource Locator (“URL”) provided by WizRocket (the “CleverTap Websites”) is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).

By registering or using the CleverTap Service or the CleverTap Websites you agree to be bound by these Terms of Service. If you are using the CleverTap Service or the CleverTap Websites on behalf of an organization, you are agreeing to the Terms of Service for that organization (in which event, “you” and “your” will refer to that organization) and promising to WizRocket that you have the authority to bind that organization to the Terms of Service unless that organization has a separate written contract in effect with us (a “CleverTap Agreement”), in which event the Terms of Service and the CleverTap Agreement (collectively the “Agreement”) will govern your use of the CleverTap Service. If you or your organization is not a party to a WizRocket Agreement, than the term “Agreement” solely refers to these Terms. You may use the CleverTap Service only in compliance with this Agreement and only if you have the power to form a contract with WizRocket and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE CleverTap SERVICE. Should you have any questions concerning this Agreement, please contact support@CleverTap.com.

The CleverTap Service and the CleverTap Websites are meant for those at least thirteen (13) years of age. Use of the CleverTap Service or the CleverTap Websites by anyone under the age of 13 is a violation of the Terms of Service. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the CleverTap Service and the CleverTap Websites.

  1. Updates to Terms of Service; Integration. We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of the CleverTap Service or the CleverTap Websites. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the CleverTap Service or the CleverTap Websites, you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. We recommend that you review the Terms of Service prior to each use of the CleverTap Service or the CleverTap Websites. In addition, when using particular services or features on the CleverTap Service or the CleverTap Websites, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.
  2. Updates to the CleverTap Service or the CleverTap Websites. From time to time, WizRocket may provide upgrades, patches, enhancements, or fixes for the CleverTap Service or the CleverTap Websites to its users generally without additional charge (“Updates”), and such Updates will become part of the CleverTap Service and the CleverTap Websites, and subject to the Terms of Service and/or the Agreement. Notwithstanding the foregoing, WizRocket shall have no obligation under this the Terms of Service or otherwise to provide any such Updates. You understand that WizRocket may cease supporting old versions or releases of the CleverTap Service or the CleverTap Websites at any time in its sole discretion.
  3. Privacy Policy. Use of the CleverTap Service and the CleverTap Websites is subject to the terms of our Privacy Policy found at http://clevertap.com/privacy-policy, which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing the CleverTap Service or the CleverTap Websites, you agree to be bound by the terms of our Privacy Policy.
  4. Intellectual Property. You acknowledge that all materials on the CleverTap Service and the CleverTap Websites, including the website design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of CleverTap and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. CleverTap authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of WizRocket or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the CleverTap Service or the CleverTap Websites are the sole property of WizRocket and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of WizRocket and/or its licensors. WizRocket reserves the right to enforce its intellectual property rights to the fullest extent of the law.For the avoidance of doubt, your use of the CleverTap Service or the CleverTap Websites is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service, Agreement or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the CleverTap Service or the CleverTap Websites are either the property of WizRocket, its affiliates or licensors. WizRocket retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by WizRocket to you are fully reserved by WizRocket, its advertisers and licensorsSome of the company and product names, logos, brands, and other trademarks featured or referred to within the CleverTap Service and the CleverTap Websites may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, WizRocket Inc., the CleverTap Service, the CleverTap Websites and/or our products and services.
  5. Third Party Sites. Links provided via the CleverTap Service or the CleverTap Websites to third party websites and services are provided only as a convenience. If you use these links, you may leave the CleverTap Service or the CleverTap Websites. WizRocket does not control nor endorse any such third party websites. You agree that the WizRocket Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the CleverTap Service or the CleverTap Websites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the CleverTap Service or the CleverTap Websites, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. WizRocket expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
  6. Use of the CleverTap Service and the CleverTap Websites. You may be required to establish an account in order to use the CleverTap Service and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the CleverTap Service; and (b) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or WizRocket has reasonable grounds to suspect that such information is false, inaccurate or outdated, WizRocket has the right to suspend or terminate your account and prohibit any and all current or future use of the CleverTap Service by you.If you establish an account and you do not use the CleverTap Service for more than ninety (90) days, CleverTap has the right to suspend or terminate your account and prohibit any and all current or future use of the CleverTap Service by you, and to delete all of your data including any applicable data of your Customer End Users.You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. This password is encrypted. We advise against sharing your password with anyone and if you do lend your password, then you are responsible for any actions taken by anyone you lent your password to, including indemnifying us for any loss. If you access your account via a third-party site or service, you may have additional or different sign-in protections via that third-party site or service. You need to prevent unauthorized access to your account by selecting and protecting your password and/or other sign-in mechanism appropriately and limiting access to your computer, browser, or mobile device by signing off after you have finished accessing your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the CleverTap Service and shall indemnify any losses we incur due to your use or misuse of the CleverTap Service, including charges resulting from any unauthorized use of your account. Your information, and the information of your applicable Customer End Users, may be at stake if you do not take care of your password or use a strong password.You agree to use the CleverTap Service and the CleverTap Websites only for lawful purposes and that you are responsible for your use of and communications and content you may post via the CleverTap Service or the CleverTap Websites. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use the CleverTap Service or the CleverTap Websites in any manner that interferes with its normal operation or with any other user’s use of the CleverTap Service or the CleverTap Websites.You may not do any of the following while accessing or using the CleverTap Service or the CleverTap Websites: (i) access, tamper with, or use non-public areas of the CleverTap Websites, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the CleverTap Websites by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the CleverTap Service or the CleverTap Websites to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the CleverTap Service or the CleverTap Websites, or otherwise creating an undue burden on the CleverTap Service or the CleverTap Websites.You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the CleverTap Websites. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the CleverTap Service or the CleverTap Websites. You further agree that you will not access the CleverTap Service or the CleverTap Websites by any means except through the interface provided by CleverTap for access to the CleverTap Service or the CleverTap Websites. Creating or maintaining any link from another application to any page at the CleverTap Service or the CleverTap Websites without the prior authorization of WizRocket is prohibited. Running or displaying the CleverTap Service or the CleverTap Websites, or any information or material displayed via the CleverTap Service or the CleverTap Websites in frames or through similar means on another website or application without the prior authorization of WizRocket is prohibited. Any permitted links to the CleverTap Service or the CleverTap Websites must comply with all applicable laws, rule and regulations.WizRocket makes no representation that Materials contained, described or offered via the CleverTap Service or the CleverTap Websites are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the CleverTap Service or the CleverTap Websites and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the CleverTap Service or the CleverTap Websites from any territory where its contents are illegal, and that you, and not the WizRocket Parties, are responsible for compliance with applicable law.
  7. Use of CleverTap Services and CleverTap Websites. You will not (nor will you allow any third party to): (a) use the CleverTap Services or CleverTap Websites to send or store within the CleverTap Services or CleverTap Websites any unlawful, infringing, obscene, threatening, defamatory, fraudulent, abusive, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (b) send via the CleverTap Services or CleverTap Websites any messages to recipients obtained through list rental, list purchase, or opt-out email append methodology; (c) interfere with or disrupt the CleverTap Services or CleverTap Websites or other’s use of it; (d) use deceptive, misleading or unethical practices that are or might be detrimental to WizRocket; or (e) give, sell, lease, license, rent or allow others to use the CleverTap Services or CleverTap Websites. You will use the CleverTap Services or CleverTap Websites to send messages only to those recipients: (i) who have given you permission to send them such messages; or (ii) whose messages can be characterized as “transactional or relationship messages” as contemplated by the CAN-SPAM Act. The “CAN-SPAM Act” means The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. WizRocket may, in its sole discretion, refuse to distribute any: (1) message content that CleverTap reasonably believes violates the Agreement or is defamatory, infringing, or otherwise unlawful, or casts WizRocket in an unfavorable light; or, (2) email to any recipient that WizRocket reasonably believes has not granted permission to you (or otherwise directly “opted-in”) to send such message(s). WizRocket has no, and hereby disclaims any, obligation to review message content, recipient addresses or other data for any reason. All recipient addresses are supplied solely by you; and, WizRocket has no obligation and hereby disclaims any obligation to supply or “scrub” any message recipient list other than to process unsubscribe and opt-out requests submitted to WizRocket via the CleverTap Services or CleverTap Websites. You are solely responsible for the creation, initiation and sending of messages via the CleverTap Services or CleverTap Websites, including, but not limited to, the content, recipients, and timing of such messagesUpon activation of your email account, as may be required by law, applicable self-regulatory principles, or with your prior written consent, WizRocket may add a default footer to each message sent via the CleverTap Services or CleverTap Websites. The default footer may include: (a) your physical mailing address; (b) links to your profile update and unsubscribe centers; (c) a link to your privacy policy. You will cause your profile update and unsubscribe centers to report all unsubscribes to WizRocket.
  8. Reports. The Reports are for your internal use only. You may share the Reports with your third party service providers for analysis and for monetizing your mobile applications and/or websites (e.g., through ad networks to sell advertising) subject to confidentiality obligations that require the third party service provider not to publicly disclose the information in the Reports.
  9. Fees. Unless otherwise stated by CleverTap, all fees are quoted in and must be paid in U.S. Dollars via online subscription credit card billing charged at the end of each month to a credit card on file. In order to subscribe to the CleverTap Service, You must keep a valid credit card on file with WizRocket. Late payments will bear interest at 1.5% per month or the maximum rate permitted by law, whichever is less, calculated from the date such amount was due until the date that payment is received. You are responsible for and will pay all sales or other taxes associated with the CleverTap Service other than U.S. taxes based on WizRocket ‘s net income. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and you will pay any collection expenses (including attorneys’ fees) incurred by WizRocket. WizRocket may change its fees and payment policies for the CleverTap Service including the addition of costs for certain services, or other fees charged to WizRocket or its licensors by third party vendors for the inclusion of data in the Reports, at any time prior to any Renewal Term.
  10. Service Level. In addition to the other commitments set forth in these Terms of Service and the Agreement, if you and WizRocket execute a Service Level Agreement (the “Service Level Agreement”) WizRocket will provide you with the level of service as set forth in the Service Level Agreement upon your payment to WizRocket of the applicable fees for such Service Level Agreement. WizRocket does not make any commitments concerning the availability of the CleverTap Service or the CleverTap Websites unless you subscribe to a Service Level Agreement. Even if you subscribe to a Service Level Agreement, WizRocket does not make any commitment that the CleverTap Service or the CleverTap Websites will be available at all times or during any down time (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of your equipment, systems or local access services, (c) for previously scheduled maintenance, (d) caused by any third party vendor or service provider of WizRocket, or (e) relating to events beyond WizRocket’s (or its licensors’ or service provider’s) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where WizRocket or its servers are located or co-located.
  11. Content. All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using the CleverTap Service or the CleverTap Websites, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the CleverTap Service, and you warrant that you possess all rights necessary to provide such Content. We reserve the right to remove any objectionable Content in our sole discretion. You understand that by providing Content publicly in connection with the CleverTap Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business.For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the CleverTap Service or the CleverTap Websites.
  12. Term and Termination. Unless earlier terminated as provided in the Agreement, if you have a CleverTap Agreement currently in effect: (i) then the Agreement continues for the duration identified in the CleverTap Agreement (the “Initial Term”); (ii) unless the CleverTap Agreement expressly provides otherwise, at the end of the Initial Term, the Agreement will renew for consecutive one year periods (each a “Renewal Term”), unless either party provides the other with written notice of its intent not to renew at least thirty (30) days prior to the end of the Initial Term or the then current Renewal Term; and, (iv) the Initial Term and any Renewal Terms are referred to as the “Term.” If you have not executed a CleverTap Agreement, then this Agreement continues so long as you use or have the right to use the CleverTap Service (and the term “Term” refers to such period of time).
  13. Representations. You expressly represent, warrant, and/or acknowledge that:a. WizRocket does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any data, products or services, found through the CleverTap Service or the CleverTap Websites.b. CleverTap does not screen the authenticity or quality of any Material or Content or any provider of Material or Content, including without limitation any data, products or services found through the CleverTap Service or the CleverTap Websites.c. WizRocket makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via the CleverTap Service or the CleverTap Websites may be owned or licensed by third parties.d. WizRocket is not a party to any transaction between you and any provider of products or services via the CleverTap Service or the CleverTap Websites. Any dispute shall be resolved between yourself and the provider of such products or services.e. Any information, including any data, Materials, or Content on the CleverTap Service or the CleverTap Websites, including on any Facebook or Twitter page, are for informational purposes only.f. You assume all risk when using the CleverTap Service and the CleverTap Websites, including all of the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.g. You shall comply to the laws of your jurisdiction and, if applicable, to the jurisdiction of your applicable Customer End Users and any recipient of messages sent via the CleverTap Service or the CleverTap Websites.h. You are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the CleverTap Service and the CleverTap Websites, and take full responsibility for the selection and use of and access to the CleverTap Service and the CleverTap Websites.
  14. Warranties, Disclaimers and Limitations of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:YOUR USE OF THE CleverTap SERVICE AND THE CleverTap WEBSITES IS AT YOUR SOLE RISK. THE CleverTap SERVICE, THE CleverTap WEBSITES AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, WizRocket, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE ” WizRocket PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WizRocket PARTIES MAKE NO WARRANTY THAT: (I) THE CleverTap SERVICE OR THE CleverTap WEBSITES WILL MEET YOUR REQUIREMENTS; (II) THE CleverTap SERVICE OR THE CleverTap WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE CleverTap SERVICE OR THE CleverTap WEBSITES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE CleverTap SERVICE OR THE CleverTap WEBSITES WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE CleverTap SERVICE OR THE CleverTap WEBSITES WILL BE CORRECTED.THE WizRocket PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE CleverTap SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE CleverTap SERVICE OR THE CleverTap WEBSITES; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE CleverTap SERVICE OR THE CleverTap WEBSITES; (V) FOR ANY DISPUTES BETWEEN USERS OF THE CleverTap SERVICE OR THE CleverTap WEBSITES, OR BETWEEN A USER OF THE CleverTap SERVICE OR THE CleverTap WEBSITES AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE CleverTap SERVICE OR THE CleverTap WEBSITES, OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE WizRocket PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WizRocket AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE CleverTap SERVICE OR THE CleverTap WEBSITES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE WizRocket PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO WizRocket VIA THE CleverTap SERVICE OR THE CleverTap WEBSITES FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY WizRocket TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
  15. Indemnification. You agree to indemnify, defend and hold harmless the WizRocket Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the CleverTap Service or the CleverTap Websites, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the CleverTap Service or the CleverTap Websites, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the CleverTap Service or the CleverTap Websites. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
  16. Applicable Law and Jurisdiction. Your use of the CleverTap Service and the CleverTap Websites is governed by and will be enforced under the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the CleverTap Service, the CleverTap Websites or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by WizRocket. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. WizRocket may seek any interim or preliminary relief from a court of competent jurisdiction in Delaware necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE CleverTap SERVICE OR THE CleverTap WEBSITES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
  17. Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:a. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.b. Identification of the copyrighted work claimed to have been infringed.c. Information describing where the allegedly infringing material is located on the CleverTap Service.d. Your address, telephone number, and email address.e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.f. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.The foregoing information may be emailed to support@CleverTap.com or mailed to our Copyright Agent at the following address:Copyright Agent – WizRocket Inc.
    US
    440 N Wolfe Rd,
    Sunnyvale, CA 94085, USA
    Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
  18. U.S. Export Controls. The CleverTap Service and the CleverTap Websites may be subject to United States export controls. No part of the CleverTap Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the CleverTap Service and the CleverTap Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  19. Miscellaneous. These Terms of Service constitute the entire agreement between WizRocket and each user of the CleverTap Service or the CleverTap Websites with respect to the subject matter of these Terms of Service.If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.The failure of the WizRocket Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.No action arising out of these Terms of Service or your use of the CleverTap Service or the CleverTap Websites, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
  20. Customer Service. If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at http://clevertap.com/company/contact-us