TERMS OF SERVICE

These Terms of Service (these “Terms”) include the legal terms that we require all developers and other users/clients to accept and implement as a condition of accessing our web services located at www.enlabs.in and other websites owned and/or operated by Enlabs Technology (the “Website(s)”), and/or accessing or using the application programming interfaces provided on or in connection with the Enlabs Technology Platform (“API(s)”), including any documentation, materials, code, data (such as logs as defined below), files (such as AIML and Other Files as defined below) and other information or materials made available to clients by Enlabs Technology on or in connection with the APIs (collectively, “Enlabs Technology Content”) to develop Bots for use in your products or devices (“Devices”) and/or your software applications (“Application(s)”).

DEFINITIONS
The following terms and expressions shall have the meanings assigned to them herein unless repugnant or contrary to the context hereof or unless defined in the text of this Agreement with the meaning given herein below:

  • Charges: Means all fees that Enlabs Technology invoices to the Client in consideration for the Services. Charges may be invoiced as one-time fees or recurring fees, respectively as flat fees or (usage-based) variable fees.
  • Applicable Laws: Means any law, statute, Act, rules, regulations, guidelines, policy/ies and or framed time to time or other pronouncement having the effect of law of any Government Authority/ies, as interpreted and administered including any modifications or amendments thereto.
  • Contents: Means the contents sent by the Client through Enlabs Technology platforms and Services such as, without limitation, the contents of an SMS or of a WhatsApp message.
  • Client: Means the legal person client of Enlabs Technology entering into the Contract or agreement, as identified on the online registration form upon signing up and creating an account, excluding individuals qualifiable as consumers, i.e., any natural person acting outside the scope of an economic activity and for purposes different from trade, business, craft, or profession.
  • Subcontractors: Means contractors, vendors, agents, and/or consultants selected and retained by the Customer under a contract (other than under an employment contract) under which such contractor, vendor, agent, and/or consultant agrees to provide all or any part of the Services.
  • Party, Parties: Means in the singular the Client or Enlabs Technology and in the plural the Client and Enlabs Technology.
  • End User: Means any third party being a recipient of Content from Client.
  • Intellectual Property Rights: Means patents, trademarks, service marks, trade names, design rights, copyright, database rights, semi-conductor topography rights, know-how, and other intellectual property rights (of whatever nature and wherever arising) whether registered or unregistered including applications for the grant of any such rights.
  • Code of Practice: Means (1) all applicable codes of practice (including any generally recognized voluntary codes of practice regulating the operation of the internet), all applicable laws, regulations, any government recommendations, and/or any recommendations of any regulatory body in the Territory; and (2) any rules of procedure (including technical or quality control procedures), guidelines, directions, policies and/or other requirements made or adopted by legal bodies in the Territory from time to time.

SERVICES RENDERED BY ENLABS TECHNOLOGY

  • Enlabs Technology shall render the Services with due care and diligence.
  • Enlabs Technology warrants to maintain at all times during the term of the Agreement adequate technical infrastructure to perform its obligations under the Agreement.
  • Enlabs Technology renders Enterprise communication and messaging services.

THE CLIENT OBLIGATIONS In consideration of the user’s use of Enlabs Technology Teleservices, the users agree to be solely responsible for:

  • Providing true, accurate, current, and complete information about themselves and other downline users under their group.
  • Maintaining and promptly updating the Data to keep it true, accurate, current, and complete. The Client shall provide, free of charge:
    • Client shall provide to Enlabs Technology in a timely manner all information, documents, data, etc. necessary for the provision of the Services and obtain all necessary approvals, authorizations, and third-party consents needed for Enlabs Technology to deliver the Services;
    • Implement safeguards in accordance with best industry practices to ensure that no viruses or other malicious code are transmitted from the Client’s infrastructure to Enlabs Technology’s environment.
  • Additional cooperation obligations of the Client may be set forth in specific Service Agreements.
  • The Client shall be solely liable for the safekeeping and backing up of its data (including installed software), unless otherwise set forth in the Agreement, and for the security of the user’s password and should under no circumstances make it available to any third person.
  • The Client is responsible for the access of the SMS-Systems by any third person. This especially refers to all costs and charges for all, without limitation, messages that Enlabs Technology sends out under the user’s account.
  • The Client agrees that they are responsible for the Content of messages that the client submits, and the users, not Enlabs Technology, have responsibility for the Content, including its legality, reliability, appropriateness, originality, and copyright.
  • The Client agrees to not use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law. A recipient that does not wish to receive SMS messages services including advertisements or promotions and states this clearly to Enlabs Technology or the users, has to be removed from the system list. The user may not send to the same client again but in the future may take these clients on its list with the same name and number.
  • If the Clients use the Services for customized advertisement or promotion, the user’s message has to contain a hotline or a helpline or a feedback Phone Number.
  • The Client should not use the Company’s system (Enlabs Technology) for any unlawful or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages affecting/infringing upon national or social interests nor create or cause any damage to any group or person(s).

TECHNICAL SUPPORT TERMS

  • The Client/User can be provided with admin control through the website at their end to monitor the accounts and usages of self and downline users. This service may attract any cost thereof. The User can create its downline user accounts and allot them credits from their own credit limits.
  • Enlabs Technology provides technical support to only that usage or platform which is built by Enlabs Technology.
  • Enlabs Technology will provide technical support, with regard to the Services, 24 hours a day, 7 days a week to the Client.

NOTICES AND MODIFICATION OF AGREEMENT/SERVICES

  • Enlabs Technology may send notices to the users/client via e-mail or regular mail. The Services may also provide notices of changes to the Terms of this Agreement or other matters. Enlabs Technology reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with 30 days prior notice. Changes in pricing such as the monthly minimum turnover/slabs or the price for short messages (SMS) will be made available to the users with prior notice of 7 days. If the Client doesn’t send a written acceptance for the Agreement within 30 days to Enlabs Technology keeping to the period of notice as defined in this Agreement, it shall be considered that the users agree to any changes in pricing or changes of the terms, whichever is applicable.

DURATION AND TERMINATION OF AGREEMENT

Termination for Cause
Either Party may terminate this Agreement immediately by giving 30 days written notice to the other (defaulting) Party in advance:

  • If the other Party commits a material, persistent or repeated breach of any of its obligations under this Agreement and (in the case of a breach capable of being remedied) does not remedy such breach within a reasonable term not exceeding 15 (fifteen) business days of receiving from the other Party written notice of the breach and a request to remedy the breach;
  • (i) by any of the Parties with immediate effect, if the other Party becomes bankrupt or insolvent or if a liquidator is appointed over the assets of the other Party or a Party ceases to do business.
  • (ii) any distress or execution is levied on any of the other’s property or assets;
  • (iii) the other makes or offers to make any arrangement or composition with creditors;
  • (iv) any resolution or petition to wind up the other’s business (other than for the purpose of amalgamation or reconstruction) is passed or presented or if a receiver or administrative receiver of the other’s undertaking, property or assets is appointed or a petition presented for the appointment of an administrator.
  • Enlabs Technology has the right to immediately terminate these Terms or discontinue your use of the Website(s), Enlabs Technology Platform, the APIs and other Enlabs Technology Content or any portion or feature thereof for any reason and at any time without liability or other obligation to you.

Notwithstanding anything contained herein, Enlabs Technology shall be entitled to suspend/disconnect/terminate the Services without notice if:

  • The Government or the Authority suspends, terminates or takes over the License or the Services temporarily or otherwise and/or receives any direction, notification, or instruction from any Government Authority to suspend or terminate the provision of Services to the Customer (through no fault or negligence of Enlabs Technology).
  • At any time, the Client fails to satisfy the requisite credit checks or provides incorrect or misleading information to Enlabs Technology (whether or not with a fraudulent intent). The Client fails to pay Charges due towards the services availed under this agreement.
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