The Terms of Service govern your access to and use of the LeadForce website, products, services and programes available through the site (www.leadforce.in). This is a legally binding agreement between you and LeadForce.

The Terms of Service outline the services we offer, our collaborative efforts, and our corporate engagement.Everything contained below becomes enforceable upon acceptance of the agreement. Upon acceptance of our terms of service, you can avail of our services.

We modify our terms of service after giving you advance notice via mail or on our LeadForce website. Please review our Terms of Service often to ensure that you are adhering to them.

“LeadForce”, “we”, “us” or “our” means

SAN Media Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at 4, Pasumpon Muthuramalinga Thevar Rd., Nandanam Extension, Nandanam, Chennai-600035, Tamil Nadu; or 10th floor, RCity, LBS Marg., Ghatkopar West, Mumbai-400 086.

“You, “Your” or “Customer” means

Any person or organisation that has ever used our services or is currently using them, regardless of their legal standing. Customer details and sole proprietorship will be provided in the technical and commercial proposal.

Billing Cycle

Billing Cycle means the time period cycle (monthly or yearly) in which the subscription to be paid for the service in advance.

Customer Data

Customer Data means any information submitted to LeadForce by the customers for implementation of our application.

Effective Date and Start Date

Effective Date means the acceptance of the Terms of Service and Start Date means beginning of the usage of services for subscription term.

LeadForce Platform

LeadForce Platform means a set of applications accessible at https://www.leadforce.in, any of its sub-domains, or any other URL/location made available by LeadForce.

Technical and Commercial Proposal

Technical and Commercial Proposal means the acceptance, order form that you submitted with all the services chosen. The proposal may change depending on the services chosen and the duration of time, and it may be revised or modified from time to time with both parties' approval.

Planned Downtime

Planned Downtime means the duration of time when services will be unavailable due to scheduled maintenance. We will plan the outage for times that are beyond typical business hours, such as the weekend or a holiday, and we'll provide you with at least 24 hours' notice.

Service

Service refers to a subscription service or any additional services offered to customers in connection therewith the application.

Service fees

Service fees mean the cost that customers should pay in order to use or avail of the services.

Subscription Fees and Licence Fees

The subscription fees is the amount that customers have to pay for subscription services, whereas the licence or set-up fees is a one-time payment for data uploading, site launch, training, and support services.

Users

"Users" refers to anyone entitled to use our subscription services.

Subscription Services

1. During the term of the service, you will receive non-exclusive, non-transferable rights that all of your customers may use anywhere in the world. In accordance with LeadForce's terms of service and technical and commercial proposal, you are entitled to use the services only for your organisation's internal functions.

2. You can utilise any of the additional services or new features offered by LeadForce through technical and commercial proposals that have been approved by both stakeholders.

3. LeadForce platform will be updated from time-to-time without affecting your subscription services and we are not bound to release or add new features or changes to Leadforce.

4. Subscription Services will not be available during planned Downtime.

5. Customers have to pay a one-time licence fee for data migration, data uploading, site launch, training, and support. The licence fee may vary depending on the customer's requirements, plans and the number of users.

We will provide training services for successful onboarding and to ensure a smooth initial implementation. Any direct training will be scheduled based on the customer's request, and all the expenses will be borne by the customer. With mutual discussion with the client, the number of schedules can be planned based on the number of users. Any additional repeated online training provided to the field force at the client's request will be charged.

Without further permission from you, we may render any of the services under this agreement using third-party service providers, such as hosting and application service providers, but we will still be liable for those services. However, despite the fact that they might be connected with the Services, LeadForce will not be liable for any third-party service providers that you may employ or any third-party software that you may acquire.

Acceptable Use

You have to comply with the Acceptable Use Policy. You should not:

(i) Use any unauthorised or third-party software;

(ii) create derivative works based on the services or the software unless we have been explicitly authorized by you;

(iii) Cause any damages or comparisons that would impact or endanger LeadForce;

(iv) Create a false identity or share confidential information about a person or entity;

(v) violate any laws of local, state, national and international governments;

(vi) Engage in any obscene behaviour.

Service Usage Limitations

The specifications of the subscription services, such as the number of users, plans that have to be sent in a month, or any other features that have a count, will be provided to you in a technical and commercial proposal. Based on the restrictions outlined by LeadForce in the proposal, we have the right to keep an eye on how our service is being used. If the mentioned limit is exceeded, we may charge an additional fee or suspend subscription services, or both.

Subscription Fees

Subscription fees are the amounts paid for the usage of services agreed upon in technical and commercial proposals. Subscription fees remain the same during the agreed tenure unless

1. You want to add a new feature or upgrade to a new plan. To add these features, a new proposal will be submitted to you with pricing based on the current amount.

2. If you have used the service count more than was specified in the proposal, you may be required to pay for the extra usage, have your service suspended, or both.

3. At the end of every two years, the subscription fee will be increased by 12%.

4. No money will be refunded if you unsubscribe from the service in the middle of it or stop using the services.

5. If there is any additional training required for the field force after implementation, charges will be made accordingly. Additionally, repeated training is charged on a per-man-day basis.

6. Direct training will be given in response to the customer's request, and the expense will be borne by the customers.

Licence and Setup Fees

When purchasing the services for the first time, a one-time licence fee should be paid. For data uploading, site launch, training, and support, a licence fee is requested; the fee varies based on the needs of the customer and the number of users.

Invoice Proposal

The invoice proposal will be sent to you after the subscription service and service tenure have been confirmed. The confirmation of the invoice proposal must be made within seven business days; however, it may be extended at the customer's request for an additional few working days.

Taxes

1. Subscribed service fees are exclusive of applicable taxes, levies, cesses, and other charges thereon.

2. If Customer is required by law to deduct or withhold any taxes, Customer shall pay the amount so deducted or withheld as well as an additional amount to ensure that LeadForce receives payment in full as if no deductions or withholdings were made.

LeadForce Rights

Any intellectual property rights, whether registered or not, in the LeadForce platform and services belong to LeadForce. This includes all patents, copyrights, trademarks, service marks, and trade secrets. We will own any feedback, suggestions, requests for improvements, recommendations, or other contributions you or any other party make regarding the LeadForce platform or the services, and we may use your company's logos, testimonials, etc. in our websites, brochures, documents, etc. Any information about your company's privacy will not be made public.

User Rights

You will retain ownership of any Customer Data, and by agreeing to this, you provide us and our licensors a global, limited, non-exclusive licence to access and use it in order to provide the Services. Accuracy, quality, integrity, legality, dependability, appropriateness, and intellectual property ownership or rights to collect and use the customer data shall be exclusively your responsibility.

Using Customers Name and Logo

You hereby give us permission to use your name, website URL, and logo in all of our marketing materials, both during and after active involvement, including our website, email campaigns, brochures, and other materials.

The term "Confidential Information" refers to all confidential information that a party (the "disclosing party") discloses to another party (the "receiving party"), whether orally or in writing. Customer Data and LeadForce's Platform and Services are among the parties' confidential information, while all proposals and the terms and conditions of these Terms of Service are also confidential.

However, confidential information does not include information that :

1. Is or becomes generally known to the public without breaching any obligations owed to the disclosing party.

2. Was known to the receiving party before it was disclosed by the disclosing party.

3. Is received from a third party without breaching any obligations owed to the disclosing party.

4. Was independently developed by the receiving party.

The receiving party must preserve confidential information with the same level of care that it takes to safeguard similar kinds of its own confidential information. Except as explicitly allowed by the disclosing party in writing, it shall not use any confidential information of the disclosing party for any purpose other than those covered by these terms of service.

1. We will implement and uphold technical and organisational security measures that are in line with industry standards to protect the security, privacy, and integrity of customer data. According to the privacy statement outlined at https://www.leadforce.in/privacy.php, we will only process customer data for the purposes of providing the services.

2. If you require us to take any unique actions due to the nature of customer data or to adhere to any specific rules or regulations that apply to your company or your local jurisdiction, kindly notify us. We will examine the viability, scope, and pricing of such measures.

3. We have the right to keep track of how all of our customers use the subscription services and to use that data in an anonymous, aggregated manner without disclosing any personally identifying information.

1. The Terms of Service will be in force as of the Effective Date and will bind you and LeadForce until all obligations undertaken in reliance thereon have been satisfied, unless they are terminated sooner in accordance with their terms. The start date is when the software or product is first employed by your organisation for business operations.

2. The proposal document start date marks the start of the subscription term, which will last for the time frame indicated therein. The subcription term marks the date for the payment and the billing made or is to be done. You have to send a written notice of non-renewal, renewal, suspension and termination information to 'sales@leadforce.com' at least 15 (fifteen) days before. If you add new features or items while your subscription is still active, it will renew with the current billing or will carry forward with the next billing cycle.

1. Neither party may terminate these Terms of Service or a proposal before the end of the applicable period, either for convenience or without cause. If you decide to cease using any of the services before the end of the applicable term, you can do so. The balance of the remaining term money that you have already paid will not be refunded by LeadForce.

2. The customer shall be responsible for paying any service fees due for the balance of the subscription term, regardless of the applicable billing cycle.

If any payments remain unpaid at the conclusion of the payment period outlined in these Terms of Service or the proposal, we reserve the right to stop access to your account after giving you 15 (fifteen) days' notice in writing.

LeadForce may also suspend customer account access immediately if

(i) there has been unauthorised access to the account;

(ii) the acceptable use policy has been broken;

(iii) the customer's use of the services is against the law; or

(iv) the customer's use of the services poses a risk to the LeadForce platform or other customers.

Either party may terminate these Terms of Service or a proposal for cause

(i) by giving the other party either 30 (thirty) days' written notice prior to the termination date if the other party has materially breached the terms of the agreement or

(ii) immediate notice if the other party becomes the subject of insolvency, bankruptcy, liquidation, or other similar proceedings and the proceedings are not stayed by a competent court.

Either party shall defend, indemnify, and hold the other party harmless from any loss, damage, or costs associated with claims, demands, suits, or proceedings made or brought against the other party

1. Due to a breach of the representations and warranties set forth in these Terms of Service.

2. By a third party alleging that the use of the services as contemplated hereunder violates intellectual property rights.

3. Due to any other reason.

Disclaimer of Warranties

Other than as expressly undertaken herein, the services are provided "as is" and leadforce makes no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the services or data made available from the services, to the extent permitted by law.

Limitation of Liability

In no event will either party, its directors, officers, or any of its affiliates be liable for:

1. Any loss of profit, loss of business, loss of business opportunity, loss of revenue, or loss of reputation or goodwill, whether actual or anticipated.

2. Any loss, theft, or corruption of data.

3. Any special, punitive, indirect, consequential, or incidental damages (including the cost of substitute services) arising out of or related to these terms of service or any other matter.

And in no event shall either party’s cumulative liability hereunder (other than for payment of fees due) exceed the amount paid or payable by customer to LeadForce in the 6 (six) month period immediately preceding any such claim or monetary value, whichever is lesser.

These Terms of Service are subject to any limitations on the export of products or technical data from United States or other nations that may occasionally be imposed on the parties. Each party agrees that it will not, directly or indirectly, export, to or in a manner that at the time of export requires an export licence or other governmental approval, any technical information obtained from the other party or any products using such technical information, without first obtaining the written consent to do so from the relevant agency or other governmental entity in accordance with applicable law.