These Terms of Service (“Terms”) govern your use of the Dwike.com platform and all services connected to the Dwike.com platform, including, but not limited to the Dwike Projects, Dwike Helpdesk and other Dwike software products, websites and related mobile applications. (“Services”), provided by Ingress IT Solutions.
By using Dwike.com or any of our products or services as a visitor or customer, you are agreeing to the following terms and conditions (“Software Agreement”, “Terms of Use”). Additional contractual terms may apply to some services so it is important that you are familiar with all of the terms applying to your use of our services.
This agreement constitutes an agreement between you (including all employees at your company) and Ingress IT Solutions governing your use of the service, superseding any prior agreements between you and Ingress IT Solutions (including but not limited to any previous version of this agreement).
Ingress IT Solutions reserves the right to update or change this agreement without notice. Any new features that augment or enhance the current Service, including the release of new tools or resources, shall be subject to this agreement and the failure of Ingress IT Solutions to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
Violation of any of the terms below may result in the suspension or termination of your Account or License. Whist Ingress IT Solutions prohibits unauthorized conduct and content on the service as indicated below, you may be exposed to such materials and you agree to use the service at your own risk.
Definitions
“We”, “Our”, “Dwike Team”, “Dwike Applications”, “Dwike.com”, “Dwike.net” or “Dwike” means Ingress IT Solutions; “You”, “Customer”, “Subscriber” means you, the person using our products, services or visiting our Website; “Services” means all products, goods or services we provide and anything else we do for you, including allowing you to access our Website; “Service Availability” is defined as the ability to access and use the Dwike Products.
Acceptance Of Terms
You must be a person. (Accounts registered or run through automated methods are not permitted).
You must provide your full legal name, a valid email address and any other information requested by Ingress IT Solutions in order to complete the signup process and license.
You are responsible for maintaining the security of your account login information (Username & Password) Ingress IT Solutions cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
You may not use your account for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).
Account Billing, Invoicing and Refunds
Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew with plan you selected and price will be charged as per plan price at time of payment unless you cancel it or Dwike cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Dwike customer support team. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Dwike with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Dwike or Dwike Payment gateway provider/retailer to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Dwike or Dwike Payment gateway provider/retailer will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Ingress IT Solutions does not accept any liability for such loss.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
We use Razorpay for processing payments. We/Razorpay do not store your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not saved.
Our payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read terms and conditions of razorpay on https://razorpay.com
Except when required by law, paid Subscription fees are non-refundable. There will be no refunds or credits for partial months of the Service or if You do not use the Service during a period of time while your account is active.
Cancellation, Termination and Right to Monitor
Upon cancellation of an account, payment is to be made up to the end of the billing period you are in, no refunds will be given. You are solely responsible for properly cancelling your account. You may cancel your account at anytime from the “Account Information” page (Settings tab) within your account. There is no cancellation fee.
All of your Content will be immediately deleted from the Service upon cancellation. Once your account is cancelled, your Content cannot be recovered. There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.
Ingress IT Solutions may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.
Ingress IT Solutions has no obligation to monitor and access customer accounts, but may do so if for any reason it believes there is just cause. (Reasons could include illegal activity, uploading of virus infected files, questionable material or for general customer support)
Verbal, physical, written or other abuse (including threats of abuse or retribution) directed towards any Ingress IT Solutions customer or employee will result in immediate account termination.
Modifications to the Service and Prices
Ingress IT Solutions reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice. In this case, sufficient notice would be given and data made available.
Ingress IT Solutions, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Ingress IT Solutions will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Service Availability and Support
Ingress IT Solutions will aim to provide a service availability of 99.9% however in the event of an outage or server access issue, Ingress IT Solutions will not and cannot be held liable for data loss, but will act immediately to restore customer server access.
While Ingress IT Solutions makes all efforts to prevent any disruption to service during any update or upgrade, there may be times where Dwike service is inaccessible for a period of less than 30 minutes. Updates and upgrades are scheduled to avoid peak usage times.
Ingress IT Solutions is committed to providing excellent customer service, we aim to answer most support issues within a few hours however, Ingress IT Solutions makes no guarantee on the period of time before support is provided.
In the event that urgent support is required, we will do whatever is necessary to assist. Email support is available 24/7.
Code and Data Ownership
Any data entered in your live account database or uploaded to the service remain yours and can be supplied if needed as a digital file upon request.
Ingress IT Solutions does not pre-screen any content, but reserves the right (but not the obligation) to refuse or remove any content available via the service.
Any and all code, including the look and feel is owned by Ingress IT Solutions. You may not duplicate copy or reuse any portion of the HTML, CSS, visual design elements or code without express written permission from Ingress IT Solutions
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Ingress IT Solutions houses all software on our owned/rented servers. Unauthorized distribution without prior consent is strictly prohibited and includes placing our software on any physical or virtual servers or mediums without special agreement or written consent form Ingress IT Solutions.
Dwike code will not be accessible or viewable to anyone as it is a sole property of Ingress IT Solutions. This is to ensure security, performance and server integrity for other customers.
In order for us to provide services to you, we require that you grant us certain rights with respect to your Data. For example, we need to be able to transmit, store and copy your Data in order to display it to you and your colleagues, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (for example Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided. Depending on the service, this may involve moving your data across jurisdictional lines, or across country borders.
The Company will not share, disclose, sell, lease, modify, delete or distribute any Data provided by you in any manner.
API Terms
You agree that you are solely responsible for any 3rd party applications you have built to access the Dwike API. This includes supporting your code and any legal issues that may arise. Ingress IT Solutions will not and cannot be held responsible for code created by customers.
You may not use your code or the Dwike API for any illegal or unauthorized purpose. You must not, in the use of this service, violate any laws in your jurisdiction (including, but not limited to copyright laws).
If your code or application when using the Dwike API causes unacceptable server load or issues (as determined by Ingress IT Solutions) your Dwike account or API access may be revoked or suspended. This is to ensure integrity of service for other Dwike customers.
You will not use the API to create software that sends unsolicited communications (whether commercial or otherwise) to any third party.
Ingress IT Solutions reserves the right at any time to modify or discontinue the API (or any part thereof) with or without giving notice.
You may not use the API to violate your license terms. Doing so will result in suspension of your Dwike account.
Third Party Sites and Information
The Site may contain links to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely for convenience and does not imply endorsement of or association with the site or party by us, or any warranty of any kind, either express or implied. We encourage you to be aware when you leave the Site, and read the privacy statements of other websites and web applications linked to the Site.
Limitation of Liability
IN NO EVENT SHALL INGRESS IT SOLUTIONS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Disclaimer of Warranties
THE WEBSITE AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND INGRESS IT SOLUTIONS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR OTHER TERMS WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT INGRESS IT SOLUTIONS DO NOT WARRANT THAT THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM INGRESS IT SOLUTIONS OR THROUGH THE SERVICE OR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Indemnity
You agree to indemnify and hold Ingress IT Solutions and subsidiaries, affiliates, directors, shareholders, agents, and employees, harmless from any claim or demand or legal fees, made by any third party due to or your use of our Services or your breach of these Terms of Use, any applicable law or the rights of a third party.
Data Loss & Backups
Ingress IT Solutions will not accept under any circumstances the liability for the loss of customer data through general use, hacking or server failure.
Privacy
Ingress IT Solutions will at all times is committed to ensuring privacy of information. Any information submitted by the customer will only be used by Ingress IT Solutions in the manner intended by the customer or by the terms of this agreement.
We will never distribute your information to third parties, and all Ingress IT Solutions staff are under extensive confidentiality and non-disclosure agreements.
While we make every effort to keep your information safe and secure, due to the very nature and environment of the internet, we cannot ensure that all communications and personally identifiable information will never be disclosed.
For credit card related privacy information see the Privacy Policy.
Licensing
Ingress IT Solutions provides software service as “SAAS” Software as a Service products.
Demo sessions and trials if available of Ingress IT Solutions products are archived the month after creation and deleted the following month. After that period if you would like to subscribe for the software service legally, you must sign up for a subscription account.
A ‘per user’ license allows that purchaser to use the service. Licenses/active subscription cannot be transferred to other parties; this applies to both general software licenses and upgrades subscription.
Upgrade packages are only applicable to the company who purchased the original software subscription.
Sharing, redistribution or simultaneous use of licenses is prohibited.
Whilst Source Code may be modified by yourself or a developer for use by the single owner, the code may not be resold, duplicated for multiple uses, or rebuilt to be resold in any way, shape or form.
Dwike Application/Service Usage
Your use of the Dwike Application is at your sole risk. Ingress IT Solutions cannot be held responsible for data or security related issues arising from using any Dwike applications
IP ownership of the Dwike applications remains with Ingress IT Solutions whereas data can only be owned by the customer/subscriber. You agree that you are solely responsible for any data submitted through our Dwike applications in accordance with our general terms. Ingress IT Solutions has the right to deny access to apps if a customer is in breach of our general terms.
Ingress IT Solutions will aim to provide a service availability of 99.9% for the App Store however in the event of an outage or server access issue, Ingress IT Solutions will not and cannot be held liable for data loss, but will act immediately to restore App Store access.
General Terms
Further you expressly undertake and agree that you will not use the Site to:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- distribute files that contain software or other material protected by intellectual property laws unless you own and/or control the rights thereto or have received all necessary consents;
- you acknowledge, understand and agree that Ingress IT Solutions cannot guarantee the security of your data while it is been transmitted over the internet and through servers that are out of our control;
- distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site and/or another’s computer;
- advertise or offer to sell or buy any goods or services for any business purpose, unless specifically permitted;
- conduct or forward surveys, contests, pyramid schemes or chain letters unless expressly permitted;
- download any file sent by another user of any service that you know, or reasonably should know, cannot be legally distributed in such manner;
- transmit “junk mail”, “spam”, “chain letters” or “phishing”.
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any of the terms of the TOS, the Privacy Policy, any code of conduct or other guidelines, which may be applicable for or to the Site; and
- violate any applicable laws or regulations for the time being in force in or outside the USA.
Server Location & Information
Our servers are located with Amazon, Microsoft Azure, Google and Verizon. Cloud based servers are among the most reliable in the industry. With guaranteed 99.9% network availability and fast, reliable connectivity, This data-centers has world-class network reliability means you can count on your server being up for business. Also this data-center has 24/7/365 security and network monitoring and is safeguarded with state-of-the-art network security. The server hardware vendor is available 24 hours a day for onsite repairs.
Questions or comments about the Site may be directed to Dwike at the email address legal@dwike.com
Payment Currency
Credit cards on file for subscription accounts are charged in the Indian Rupee currency during signup. Depending on the credit card used, the charge may appear on credit card statements in your local currency and may incur currency conversion fees from your bank. Foreign currency conversion rates may get calculated using the conversion rate on the day of processing but please check with your bank.
Relationship of the Parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
Restricted Content
Uploading any restricted content as listed below may result in immediate account termination. You must not upload, post, host or transmit the following items to or from the service including but not limited to:
• Unsolicited email, SMS’s, or “Spam” messages.
• Worms, viruses or code of a destructive nature.
• Questionable or Illegal material. (Including copyrighted material)
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Ingress IT Solutions at legal@dwike.com
