iEvince Terms and Conditions
iEvince, A subsidiary of Srinagar Technology Consultants P LTD (STCPL) based in India is a Digital Signage Solution having its registered office at
125, Ground Floor, IT Tower One,
SIDCO, Electronic Complex, Rangreth,
Jammu & Kashmir – 190007
Telephone No. +91 1942300594
Email: info@stc.in
These terms and conditions set out the general application terms and conditions and will be Between Customer and STCPL and during the course of this document we will be referring iEvince instead of STCPL.
iEvince, provides Content (Text, Image, Video etc) and/or Social Media Content through its Application to enable the Customer (whose Account Information is determined in the applicable Subscription) to stream such Content and/or Social Media Content on Digital Signs (all as defined below). The Customer is presumed to have unconditionally agreed to the present Terms and Conditions by the sole fact of placing a Subscription with iEvince. All of the iEvince Subscriptions are part of, and exclusively governed by, the present Terms and Conditions.
These Terms and Conditions equally apply to Demo Users, Subscription User and On Premises User. It is being understood that the Demo Users will have a (limited) Demo Account (as defined below). iEvince and customer may hereinafter individually be referred to as a “Party” and jointly as the “Parties”.
THE CONTENT AND/OR APPLICATION YOU SEEK TO USE IS LICENSED ON THE CONDITION THAT YOU ACCEPT TO BE BOUND BY ALL OF THE PRESENT TERMS AND CONDITIONS. PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL WRITE TO COMPANY OTHERWISE YOU ARE ENTITLED TO USE THE CONTENT AND/OR APPLICATION BY USING THE CONTENT AND/OR APPLICATION YOU
UNCONDITIONALLY ACCEPT THE PRESENT TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ALSO APPLY TO DEMO USERS UPON SUBSCRIPTION OF A DEMO ACCOUNT AND ON PREMISES USER, UNLESS EXPRESSLY STATED OTHERWISE HEREIN OR THE CONTEXT REQUIRES OTHERWISE.
1. Definition
1.1. “Account Information” means the Customer’s identification details, including among
others the Customer’s official company address used for all contacts, its billing address.
1.2. “Activation Date”means the date of submission of the Subscription.
1.3. “Additional Add-On(s)” means one-time, non-recurring, additional purchases such as without being limited to LIVE update hours, etc.
1.4. “Agreement” means the current Terms and Conditions, executed between i)iEvince and the Customer.
1.5. “Application”means one or more content applications developed by iEvince and intended to run on digital screens to display Content and/or Social Media Content and to enable Customer (i) to use all content in the Content library and/or (ii) to create Customer’s own Social Media Content channel with text, images and videos.
1.6. “Confidential Information” means all business, technical, financial and other information that one Party obtains from the other in relation to these Terms and Conditions, which is the confidential property of the disclosing Party.
1.7. “Content” means the text, data, graphics, photos and/or videos, and underlying works, that the Customer uploads on the Digital Screens or (i) certain social media upon request of the Customer (the “Social Media Content”) as further detailed in the applicable Subscription.
1.8. “Customer Account” means the account to which a Customer subscribes upon
payment of License Fees.
1.9. “Digital Sign” means a device composed of a digital screen such as, without being limited to, LCD or plasma screens, LED boards, projection screens or other emerging display types like interactive surfaces of Organic LED screens.
1.10. “License Fee” means, as applicable and as determined in the Subscription (i) an annual Subscription, the Customer is liable to pay one time annual subscription fee upon the Activation Date of the annual Subscription in consideration for the licensed Application, based on the number of Digital Signs the Customer subscribes to as set out in the relevant Subscription. Notwithstanding the foregoing and upon prior written approval of iEvince (which approval may be given by acceptance of the Subscription), the Customer may order additional purchases for which additional fees will be charged.
1.11. “Partner” means the partner who introduced Parties to enter into this Agreement, as identified in the Subscription.
1.12. “Personal Data” has the meaning as defined in personal Data Protection Act, 2018 in Indian Constitution.
1.13. “Service(s)” means iEvince’s services as determined in the relevant Subscription.
1.14. “Social Media”means the social media networks from which, as applicable, the Content may be collected by iEvince upon request of and upon authorization by the Customer as further detailed in the applicable Subscription.
1.15. “Subscription” means an order to license and/or the Application containing specific terms and conditions (e.g., Account Information, Activation Date, Content, License Fee and Term).
1.16. “Term” means the duration of this Agreement between iEvince and the Customer as determined in article 10 of this Agreement and the relevant Subscription.
1.17. “Trial Term” means a limited term to use the Application for each the Content and/or Social Media Content.
1.18. Additional definitions may be included elsewhere in these Terms and Conditions, which definitions shall have the meaning ascribed to them in these Terms and Conditions.
2. License
2.1. iEvince grants Customer a limited, revocable, non-exclusive, non-transferable right to use the Application, during the Trial Term with continuous compliance with these Terms and Conditions, it being understood that. Notwithstanding the foregoing, iEvince shall at all times be entitled to change the scope of the Demo User’s user right, including limitation of the number of Digital Signs and termination of the Trial Account. The Demo User shall at all times during the Trial Term have the right to request to upgrade its Trial Account to a Customer Account.
2.2. Subject to Customer’s continuous compliance with these Terms and Conditions and timely payment of the applicable License Fees, iEvince hereby grants the Customer a limited, revocable, non-exclusive, non-transferable right to use the Application, during the Term, for the purposes and on the terms more specifically set out in each Subscription (the“License”). In the event of non-payment of the License Fees by the Customer to iEvince or Partner, as applicable, the Customer shall have no more rights to use, as applicable, the Application. Upon payment of the additional fees as set out in the Subscription, the Customer may use the Additional Add-Ons in accordance with the License and subject to the terms and conditions of this Agreement to the extent applicable to add-ons. Add-ons shall in no event give rise to any refund.
2.3. In general, it is prohibited to the Customer to use the Application in breach of any laws. It is understood that any use that exceeds the License granted herein shall violate iEvince’s and the applicable iEvince’s licensors, media partners, content providers and/or Social Media Intellectual Property Rights and shall be deemed a breach of these Terms and Conditions.
2.4. The Customer has no right to edit, modify, amend, reverse engineer, decompile, create derivative works from, lease, rent, assign, rebrand, translate into another language, duplicate, sell, reproduce, rebroadcast, redistribute, add to or in any way alter the Application.
2.5. The Customer shall indemnify and hold harmless iEvince from any and all liabilities, losses, claims, demands, actions, proceedings, damages, costs and expenses arising out of or in connection with (any third party’s claim based on) unauthorized and/or extended use of the Application or storage of the Content by the Customer (or any third party).
2.6. The Customer shall comply with any limitations or restrictions placed by iEvince, its licensors, media partners, content providers, the relevant Social Media or competent authorities on the use, display or dissemination of the Content.
2.7. The Customer will be responsible for their Network, Firewall and and screen security of their own as iEvince will not have any role in that.
2.8. The Customer will also be liable for any breach of the iEvince over his network and does not blame iEvince for any breach over the network.
2.9. iEvince shall have the right to carry out on-site audit at the place where the Content or Application is used to verify the Customer’s compliance with these Terms and Conditions, and the Customer shall provide all necessary assistance and cooperation to facilitate such audit.
3.Delivery
3.1. Subject to the payment of the services fees set out in the Subscription, iEvince hereby agrees to provide Services to the Customer.
3.2. The iEvince delivery terms are merely indicative and do not commit iEvince. Delays will in no event give the Customer the right to either termination, price reduction or damages.
3.3. Except for article 3.2, this article 3 shall not apply to Demo Users.
3.4. iEvince hold the rights to terminate the services to customer incase of delay in Payment or renewal process.
4. Intellectual Property Rights
4.1. The Customer acknowledges that iEvince does not hold any Intellectual Property Right in the Content. The Intellectual Property Rights related to the Content are hold and shall be held, as the case may be, content provider, Social Media, the Customer itself or any other third party as the case may be.
4.2. All rights, titles and interests, including Intellectual Property Rights, in the Services and/or the Application shall at all times remain the sole and exclusive property of iEvince and/or its licensors.
4.3. The Customer agrees to promptly notify iEvince if the Customer becomes aware that any third party is violating or infringing iEvince’s rights of whatever nature in any of the Services or the Application and/or the relevant iEvince’s licensor, media partner, Social Media or third party’s rights of whatever nature in any of the Content. iEvince shall have the right, but not the obligation, to prosecute such violator or infringer at its expense and to retain the full amount of any sums recovered as damages. The Customer shall however use its best efforts and take all reasonable steps to prevent such unlawful behaviors without substituting itself to iEvince or its licensors. The Customer agrees to provide full cooperation to iEvince in the event of the commencement of any such prosecution action by iEvince.
5. Customer guidelines
5.1. The Customer acknowledges and agrees that the Customer shall be solely responsible for the Content that it uploads, publishes or displays via the Application on any Digital Sign and that iEvince shall in no event be liable for any such Content.
5.2. In particular, the Customer acknowledges and agrees not to contribute any Content and not to use the Content and/or the Services and/or the Application in any manner that:
(i) violates any applicable local, state, national, regional or international law, statute, ordinance or regulations;
(ii) is illegal, criminal, deceptive, fraudulent or any other action that is unlawful, harmful, threatening, abusive, harassing, stalking, tortious, violent, defamatory, vulgar, obscene, pornographic, invasive of others privacy, hateful racially, ethnically or otherwise objectionable;
(iii) adversely or negatively affects or reflects on iEvince’s name, reputation or goodwill or discourage any third party from using all or any portion, feature or function of the Application or from advertising, liking or becoming a iEvince supplier or customer;
(iv) infringes the Intellectual Property Rights or property rights or publicity or privacy rights of iEvince or any third party;
(v) interferes or disrupts the Application (and servers or networks connected to it) or Services, including but not limited to, knowingly transmitting, distributing or uploading any programs or material that contain malicious codes (i.e. any potentially harmful programs or other material or information), attempting to or gaining unauthorized access;
5.3. iEvince reserves the right to
(i) monitor the Content on the Application;
(ii) remove any Content which in iEvince’s sole discretion is deemed to be objectionable (as stated in article 5.2 (ii)) or in violation with this Agreement;
(iii) remove and/or take any other action or measure regarding the Content which in iEvince’s sole discretion is deemed appropriate and regardless whether there is a specific reason.
5.4. The Customer is entitled to remove at any time any posted, submitted, uploaded, displayed or otherwise used Content from the Application.
6. Fees, Charges and Payment
6.1. The Customer agrees to pay to iEvince or Partner, as applicable, a License Fee upfront in accordance with the payment terms as set out in each applicable Subscription. iEvince or Partner, as applicable, will invoice the Customer for the relevant amount as set out in the applicable Subscription and the Customer shall make payment by the method and within the delay set out in applicable Subscription and the invoice. iEvince or Partner, as applicable, may impose additional fees or charges based on transactions associated with the Service(s). Such fees or charges are to be disclosed in the applicable Subscription.
6.2. All prices are indicated in USD (whatever is applicable) and are inclusive of taxes.
6.3. iEvince reserves the right at any time to change their fees, billing methods, charges for Services and/or Application, upon effective notice to the Customer via website, newsletter
or e-mail.
6.4. This article shall not apply to Demo Users. It shall become applicable to Trial Users upon conversion of a Trial Account into a Customer Account.
6.5. Notwithstanding any of the foregoing, iEvince reserves the right at any time to substitute in any of the Partner’s rights under this article 6 and to perform such rights directly towards Customers.
7. Taxes
7.1. The License Fees stated are inclusive of all applicable taxes.
8. Account Information
8.1. The Customer undertakes the obligation to provide and maintain true, accurate, current and complete Account Information. In the event iEvince in its sole discretion determines that any information is not true, accurate, current or complete, iEvince reserves the right to suspend and/or terminate Customer’s Account and to suspend and/or terminate access to the Application or providing Services.
8.2. The Customer acknowledges and warrants to be authorized to engage the entity for which the Application and Services are registered.
8.3. The Customer is solely and entirely responsible for maintaining the confidentiality of the Customer’s password, and for any and all activities that occur under its account. If the Customer believes someone has accessed any Content and/or the Application using Customer’s user name and password without Customer’s authorization, it is the Customer’s responsibility to promptly inform iEvince of such circumstances and to set up a new password.
8.4. The Customer acknowledges and agrees that iEvince shall in no event be liable for any damages arising out the abuse, theft or misappropriation of Customer’s Account Information or anyone’s (un)authorized access to the Customer’s Account.
8.5. iEvince reserves the right to access Customer’s Account for maintenance, support reasons. iEvince shall use its best efforts to reasonably notify the Customer of any such access.
8.6. Customer allows iEvince to send Vital email and sms to customer Email ID and Contact Number for any notification or also can send notification via different medium time and again.
8.7. Customer allows to use their logo (without any charge) for reference of ievince at any point of time even after termination of subscription.
9. Term and Termination
9.1. Term of the Agreement
9.1.1.Upon subscription by the Customer and acceptance by iEvince of such Subscription, the License takes effect on the Activation Date, provided iEvince or Partner, as applicable, has received the payment of Customer’s first License Fee. In the event iEvince or Partner, as applicable, has not received this License Fee on the Activation Date, the Agreement commences on the date of receipt by iEvince of the Customer’s first payment of the License Fee.
9.1.2.In addition to all other rights and remedies of iEvince, iEvince may terminate the Agreement immediately if iEvince discovers, in any manner whatsoever, that the Customer, or an employee or contractor of the Customer has committed (or attempted to commit) piracy, counterfeiting or any other illegal act affecting the Application for which the Customer, the Customer’s employees, or any other person given access to the Application by the Customer are responsible.
9.2. Termination for Convenience
9.2.1.The Customer shall be entitled to terminate the Agreement at all times by sending an email to iEvince or the Partner, as applicable and iEvince shall be entitled to terminate the Agreement upon thirty(30) days written notice by email.Notwithstanding the foregoing, at all times, Customer shall be entitled to immediately cancel the Trial Account by sending an email to iEvince or the Partner, as applicable, and iEvince shall be entitled to immediately terminate the Trial Account upon written notice by email.
9.3. Effects of Termination
9.3.1.Termination of the subscription shall not relieve the Customer of any obligations to pay accrued interests, damages and costs. The Customer hereby expressly agrees and acknowledges that the Customer shall in no event be entitled to any refund.
9.3.2.Upon termination of the Agreement for any reason:
The License granted to the Customer under the Agreement shall immediately cease and all rights granted thereunder shall immediately revert to iEvince;
10. Warranties
10.1. The Parties agree that the Service is provided “as is” and “as available” without any representation or warranty of any kind, express or implied, as to the Service or its operation. The Customer acknowledges and agrees that it uses the Application and/or the Services at its sole risk.
10.2. To the maximum extent permitted by applicable law, iEvince and its licensors, disclaim all warranties with respect to the Application, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and noninfringement; nor does iEvince make any warranty, guarantee or any representations regarding the use, or as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any Content hereunder.
11. Assignment
The Customer shall not, without the iEvince’s prior written consent, assign, transfer, charge,sublicense or deal in any other manner with all or any of its rights or obligations under the Agreement. If the Customer transfers Customer’s entire business (or any part thereof) to a third party, the rights and/or obligations of the Customer under the Agreement shall not pass to such a third party without iEvince’s prior written consent.
12. Notices
12.1. Formal notices under the Agreement must be sent by email (unless otherwise stated in this Agreement) to the address indicated below:
125, Ground Floor, IT Tower One,
SIDCO, Electronic Complex, Rangreth,
Jammu & Kashmir – 190007,
Email: info@stc.in
12.2. The Customer: Customer’s address and e-mail address as stated in the Account Information.
13. Entire Agreement
The Agreement constitutes the entire agreement and understanding between the Parties and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter still in force between the Parties.
14. Conflict of Terms
In the event of any conflict between the present Terms and Conditions and the terms of a Subscription, the terms of the Subscription shall prevail. The general terms and conditions of the Customer, if any, are explicitly rejected and shall not apply.
15. Applicable Law
The Agreement (including the present Terms and Conditions) and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of INDIA.