Terms of Service

AGREEMENT

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU“ OR “YOUR“) AND SOE TECHNOLOGIES PRIVATE LIMITED (HEREINAFTER “SOE“).

 

The Agreement governs your access and usage of the websites, www.huminos.com, app.huminos.com(“website“ or “bots“ or “services“ or “applications“ or “platforms“), owned and operated by SOE Technologies LLP (“SOE“) in order to provide you access to a wide range of services related employee performance management including but not limited to Objectives and Key Results (“OKRs“) Check-Ins, One to One Conversations, Feedbacks and OKR related Chatbots that can integrate and perform activities on Workplace™ platform owned and operated by Facebook Inc. (“Workplace“), Slack™ platform owned and operated by Slack Technologies, Inc. and Microsoft Teams™ platform owned and operated by Microsoft Corporation or OKR related mobile apps that work on Android and iOS operating systems. SOE reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised agreement on this website.

 

For the purpose of this Agreement, the term, “Personal Information“ shall mean and include, without limitation, personal details such as name, age, address, and employment details; provided that such Personal Information shall not include passwords, details of bank account, credit card, or debit card or other details of payment instrument (collectively, “Financial Information“) as may be obtained from you for facilitating online payments during your usage of the website.

ACCEPTANCE OF USE

Use of this website and bots is available only to persons who can form legally binding contracts. Persons who are incompetent to contract, including minors, lunatics, un-discharged insolvents, etc. are not eligible to use the website. By accessing and using this website you agree to be bound by all of the terms and conditions of the present terms of use (the “Agreement“). You can accept the Terms by checking a checkbox or by actual use of the Services.

ADMINISTRATOR ACCOUNT

Upon signing up to your account, you will be considered as administrator of the account and will be deemed to have authority to provide your personal details, payment details through payment gateway, and authorise SOE to use these information to provide you access to and activate and use SOE’s bots. You can nominate other employees of your organisation as administrators.

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SOE immediately of any unauthorized use of your account or any other breach of security. SOE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SOE or another party due to unauthorized use of your account.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if SOE has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, SOE may terminate your user account and refuse current or future use of any or all of the Services.

DATA PRIVACY AND CONFIDENTIAL INFORMATION
  • Personal Information submitted by you on or through this website and other information collected from you for the purpose of providing access to Workplace/Slack/Microsoft Teams shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of maximum three (3) years. Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws. Currently, the data center is hosted with AWS in Singapore Region.
  • SOE may use your Personal Information or share such Personal Information with its affiliated entities or other third parties, for the following purposes.

    • To obtain vital statistics regarding your usages of the website, enhance your experience, and increase the efficiency of the website and conduct surveys;

    • For the purposes of software verification or administering software and user interface upgrades;

    • For processing, archival or creating backup of data;

SECURITY OF PERSONAL INFORMATION & WARRANTIES
  • The website is committed to protect the security of your Personal Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the website shall not be liable for retaining your Personal Information beyond a period of three (3) months from the date of deactivation of your account for any reasons whatsoever

  • SOE may use cookies to ascertain your specific requirements and preferences. The information generated by the cookies may be transmitted and stored with third parties. You can refuse to the use of cookies on the website; however please note that in such case the full functionality of this website may not be used.

  • SOE shall implement appropriate technical and organizational measures such as pseudonymisation and encryption of personal data; and shall ensure regular testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

  • Notwithstanding anything provided in this Agreement, SOE does not guarantee that your Personal Information will be absolutely protected at all times. website’s systems and the communications networks through which you access the website may be subject to security breaches and failures due to circumstances beyond the reasonable control of SOE. These may include computer “hacking”, inadvertent manifestation of malware, ransom ware, data theft among others. In such situations, SOE will try to rectify the problems at the earliest feasible time. The Users hereby acknowledge and understand that all Personal Information provided to or through the website is with their cognizance and informed consent and solely at their own risk.

  • SOE will ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.

COMMUNICATIONS FROM SOE

The use of website may include certain communications from SOE, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

INTELLECTUAL PROPERTY

The website, bots and all the information, images, logos, trade names, domain names, service marks and other materials on this website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the website (collectively, “Intellectual Property”) are the exclusive intellectual property of SOE and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. SOE’s Intellectual Property shall not be used in connection with any purpose other than performing activities on Workplace/Slack/Microsoft Teams and matters incidental thereto. Unless otherwise specified, the website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the bots and/or the website. Any unauthorized use of SOE’s Intellectual Property, except as mentioned above, shall be violation of copyright, trademark, and/or other
intellectual laws of India and other relevant jurisdictions.

RESTRICTIONS ON USE

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

  • transfer the website or otherwise make it available to any third party;
  • provide any service based on the website without prior written permission;
  • use the third party links to sites without agreeing to their website terms & conditions;
  • post links to third party sites or use their logo, company name, etc. without their prior written permission;
  • publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
  • use the website in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of SOE;
  • violate any applicable local, state, national or international law;
  • create a false identity to mislead any person as to the identity or origin of any communication.
BETA SERVICES

From time to time, we may make non-production Services and Software (“Beta Services“) that are under development available to you at no charge. You may access these Beta Services at your sole discretion. Beta Services are intended for testing purposes only, and may be subject to additional terms that will be presented to you at the time of sign-up. SOE is not obligated to provide you with support for the Beta Services or correct any bugs, defects, or errors in the Beta Services. We may discontinue, suspend, or remove Beta Services (including any of Your Information stored as part of the Beta Services) or your access thereto at any time in our sole discretion and may never make them generally available. You understand that any information you obtain regarding Beta Services is SOE confidential information, and you agree not to disclose such information until a Beta Service becomes generally available, except as required by law, and to only use such information in connection with your use of the Beta Services. Notwithstanding Section on INDEMNITY, we will have no liability for any harm or damage arising out of or in connection with any Beta Services.

SPAMMING AND ILLEGAL ACTIVITIES

You agree to be solely responsible for the contents of your transmissions through the website. You agree not to use the website for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the website for the transmission of “junk mail“, “spam“, “chain letters“, “phishing“ or unsolicited mass distribution of email. We reserve the right to terminate your access to the website if there are reasonable grounds to believe that you have used the website for any illegal or unauthorized activity.

UNPAID OR INACTIVE ACCOUNTS

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 60 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

INTELLECTUAL PROPERTY

The website, chatbots, mobile apps and all the information, images, logos, trade names, domain names, service marks and other materials on this website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the website (collectively, “Intellectual Property“) are the exclusive intellectual property of SOE and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. SOE’s Intellectual Property shall not be used in connection with any purpose other than performing activities on Workplace/Slack/Microsoft Teams and matters incidental thereto. Unless otherwise specified, the website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the bots and/or the website. Any unauthorized use of SOE’s Intellectual Property, except as mentioned above, shall be violation of copyright, trademark, and/or other intellectual laws of India and other relevant jurisdictions.

INTERNATIONAL TRANSFER OF DATA

In the process of providing access to you, website may transfer Personal Information that it collects from you to affiliated entities or other third parties across borders on need to know basis with an obligation to maintain Your Personal Information confidential for the limited purpose of upkeeping and maintaining the bots and the website. By using this website and the bots, you hereby consent to transfer of your Personal Information across countries or jurisdictions which shall abide by the rules governing such international data transfers.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SOE, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to this website and bots; (b) your violation of any term of this Agreement; (c) violation of any of the Intellectual Property Rights of SOE. The indemnification obligation will survive the termination of this Agreement.

LIMITATION OF LIABILITY

SOE does not control or endorse the content, messages or information shared or exchanged on Workplace/Slack/Microsoft Teams and, therefore, it specifically disclaims any liability with regard to communications and activities performed on Workplace/Slack/Microsoft Teams. Neither SOE nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the website including, but not limited to

  • damages caused by defamatory, offensive, or illegal actions on Workplace/Slack/Microsoft Teams;
  • damages caused by viruses, malfunctions, or harmful components accessed through the website,
  • damages for lost profits, loss of data, loss of opportunity, or other intangibles, whether foreseeable or unforeseeable

IN NO EVENT SHALL SOE’s ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. Further, SOE shall not be responsible for the contents of any linked website, payment gateway service provider, or any link contained on its website, or any changes or updates to such websites.

FEES AND PAYMENTS

The Services are available under subscription plans of monthly and annual durations. All payments are made only by Credit Card. SOE reserves the right to modify the payment method based on its assessment of your company size and profile. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized SOE to charge the subscription fee to the Credit Card last used by you.

From time to time, we may change the price of any subscription plan or charge for use of feature of the that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using the website unless you have opted for a paid subscription plan.

SUSPENSION AND TERMINATION

We may suspend your user account or temporarily disable access to whole or part of any website in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to help@huminos.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

You have the right to terminate your user account if SOE breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to the website, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

JURISDICTION

The use of the website shall be exclusively governed by the laws of India and the courts in Mumbai, Maharashtra shall have the exclusive jurisdiction over such matters. SOE hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with this Agreement, including, inter alia, any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 and the rules made thereunder. The decision of the majority of the arbitrators shall be final and binding on the parties. The venue of the arbitration shall be Mumbai, India.

SEVERABILITY

If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement.