Terms And Conditions of Use

This Terms of Service (the "ToS" or "Agreement") applies with respect to the usage of the services (the "FabFunnel Service") offered by Eruptic (the "Company"), a company incorporated under the laws of India, and having its registered office at FabFunnel Pte Ltd – 9 Battery Road #12-01 MYP Centre Singapore 049910.

Your usage of the FabFunnel Service is subject to your explicit acceptance of these ToS and the attached Privacy Policy (the "PP"). Your acceptance of the same will irrevocably and unconditionally bind you to comply with and abide by all the obligations and conditions stipulated herein (unless otherwise explicitly made optional).

After your initial confirmation/consent, You will be assumed to continue consenting to these ToS until you explicitly withdraw your consent by notifying the Company of the same in writing. These ToS supersede all previous oral and written terms and conditions (if any) and shall act as a binding Agreement between the Company and You.

These ToS may be updated, amended, modified or revised by us from time to time. Each such updation or modification to the ToS will be communicated to You via email, and You will be required to give your separate consent to each such revised version to be able to continue to use the FabFunnel Services.

As a best practice, we encourage You to refer to these ToS from time to time to ensure that You are aware of any additions, revisions, amendments or modifications that we may have made.

The Company provides an array of features and functionalities to its Customer, which then enable its Customers' engagement with their End-users. These features include, inter alia:

1. End-User behaviour tracking and analytics
2. Customised engagement with End-Users via multiple Messaging channels
3. Personalization of Messaging and content delivered to the End-Users
4. End-User segmentation and classification depending on activity, behaviour etc.

The Company reserves the right, in its sole discretion, to add, change, suspend, or discontinue all or any part of the FabFunnel Services at any time by posting a notice on the Platform and by sending You an email. Your continued use of FabFunnel Services following the posting of any changes constitutes Your acceptance of those changes.

As part of the registration process, you will need to accept our ToS and PP, and also provide us with your name (or the name of your organization/company) and your email ID. You will be required to create a password in order to secure and limit access to your account.

We do not have access to and do not at any time request you to provide us with access to your password, unless you have given us explicit written permission to access your account pursuant to a request for assistance or support.

It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You cannot create an account username and password using:

1. The names and information of another person
2. Words that are the trademarks or the property of another party (including ours)
3. Words that are vulgar, obscene or in any other way inappropriate

At the time of creation and each time you access your account thereafter, we track your IP address solely for the purposes of determining the geographical location from which you are accessing the Platform.

All Customer Data that you create, transmit, transfer to us, submit, display or otherwise make available while using the FabFunnel Services, should only be information that You own or have the right to use or share. If you transfer any End-User information or data to us (including any End-User PII), we will assume that you have informed the End-User and procured the necessary consent. Such End-User information may include:

1. Location data
2. Device details and status (used by the End-User to access your application and/or website)
3. Session information
4. Acquisition details
5. End-User activity like email opens, clicks, items viewed, items purchased etc. and any other activity that you track as per your business use cases
6. End-User details like name, email ID, phone number, gender, etc. and any other attributes specific to the business like Total Purchases, Order status etc.

We may use the above information for as long as your account is active and in use, and only as specified/permitted by our Privacy Policy and by applicable law. We will never share personally identifiable information pertaining to You or your End-Users, without the relevant prior explicit disclosure and permission.

We use multiple third-party service providers in order to power and provide you with the FabFunnel Services. In this process, we share the Customer Data with some of the third-party service providers, as is necessary to enable them to provide the requisite services. We will attempt to ensure that all our third-party service providers are bound by and adhere to the same obligations of confidentiality and data privacy as we guarantee to You.

Further, in the course of using the FabFunnel Services you may integrate and use certain third-party services along with the FabFunnel Services, such as sending Messages via SMS and/or email service providers to your End-Users. You understand and agree that you have an independent engagement and legal relationship with such third-party service providers, and any action, inaction, breach, fault, delay, omission or other incident involving such third-parties shall be your sole liability and responsibility.

As a condition of use, You promise not to use the service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. The FabFunnel Service and FabFunnel Data is provided only for Your own personal, non-commercial use.

By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that:

1. Would constitute a violation of any applicable law, rule or regulation
2. Infringes on any intellectual property or other right of any other person or entity
3. Is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane
4. Impersonates any person or entity

Furthermore, You shall not (directly or indirectly):

1. Take any action that imposes or may impose an unreasonable or disproportionately large load on Company's (or its third party providers') infrastructure
2. Interfere or attempt to interfere with the proper working of the services
3. Bypass any measures we may use to prevent or restrict access to the FabFunnel Service (or parts thereof)
4. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction
5. Modify, translate, or otherwise create derivative works of any part of the FabFunnel Services or the Platform
6. Copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder

Your copying, distributing, displaying, reproducing, modifying, or in any other way using of the FabFunnel Content in any manner not specified in these ToS, will be a violation of copyright and other intellectual property rights and Company reserves its rights under applicable law accordingly. We reserve all rights, title, and ownership in and to the FabFunnel Content.

You will at all times remain the complete owner and retain all rights and title in and to the Customer Data. This includes assuming liability and responsibility in cases where the Customer Data breaches any conditions of confidentiality, any intellectual property rights, or any other third-party rights.

You are prohibited from:

1. Exceeding the authorised number of MAU, or your allotted monthly Event volume (as may be specified in accordance with the fee plan chosen by you)
2. Violating or attempting to violate the integrity or security of the Platform or any content thereof
3. Transmitting any information (including messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of our services
4. Intentionally submitting on the Platform any incomplete, false or inaccurate information
5. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots etc.) to navigate or search the Platform
6. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform
7. Copying or duplicating in any manner any of the FabFunnel Content or other information available from the Platform
8. Circumventing or disabling any digital rights management, usage rules, or other security features of the Platform

The Company offers email-based/online support and query-resolution tools. You may access support resources or contact our support by emailing at support@fabfunnel.com.

The Company shall use commercially reasonable best efforts to respond to Your request for support, or to fix any problems You may be having, as is applicable. Any suggestions by the Company to You regarding use of FabFunnel/the Platform shall not be construed as a warranty.

The Company reserves the right to suspend or terminate Your access to the Platform and the services with or without notice and to exercise any other remedy available under law, in cases where:

1. You are in breach of any terms and conditions of this ToS
2. The Company is unable to verify or authenticate any information provided to Company by You
3. The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part

Once temporarily suspended, indefinitely suspended or terminated, You may not continue to use the Platform under the same account, a different account or re-register under a new account.

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates'/subsidiaries/JV partners' employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to:

1. Your use or misuse of, or access to, the Platform and FabFunnel
2. Your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.

This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof.

All claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the ToS or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India and You hereby accede to and accept the jurisdiction of such courts.

If You have any questions regarding the Platform or the FabFunnel Services, please contact us at support@fabfunnel.com.