Terms of Service

Definition

THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND SERVECIRCLE (hereinafter “ServeCircle”, “Company,” “we,” “us,” or “our”) GOVERNING YOUR USE OF ServeCircle online application Services. By registering, using our Service or website you acknowledge and agree to these Terms of Service and the Privacy Policy. If you choose to not agree with any of these terms, you may not use our Services.

Changes to Terms of Service

ServeCircle reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time. You agree that ServeCircle may notify you of the Updated Terms by posting them on the site or email communication. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of our Services.

Use of Service

Service

We provide an array of Services including online service center management, job sheet creation, device Service track, customer information management and communication ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. Depending upon the registration, roles, you can create and edit content on your user account, service centers and create users for specific service centers. Your use of this Service and any additional Services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.

Intellectual Property Rights

The Software, web application, design, trademarks, Service marks, and logos of the Site ("Marks"), are owned by or licensed to ServeCircle. You agree to not engage in the use, copying, or distribution of any of the Intellectual Properties other than expressly permitted.

License

During the term of this agreement, ServeCircle grants you a limited, non-exclusive, non-transferable license to access our Services for your use in accordance with the Terms of Service and license purchased.

Eligibility

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are of legal age to a binding enter into agreement in order to accept the Terms; (2) are not currently restricted from the Services, or not otherwise prohibited from having a ServeCircle account, (3) are not a competitor of ServeCircle or are not using the Services for reasons that are in competition with ServeCircle; (4) will use your real name and only provide accurate information to ServeCircle; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of ServeCircle or third party, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

Registration and Account Integrity

As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach. However, as a super user we allow you to create a seperate user for each service center.

Between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use others’ accounts; (4) not sell, trade, or transfer your account to another party; and (5) not charge anyone for access to any portion of your account, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. Please note that we never contact users requesting them to confirm their username & password or other details. To close your ServeCircle account, please visit ServeCircle settings.

You may not use anyone else's account at any time, without the permission of the account holder.

ServeCircle cares about the integrity and security of your personal information. However, it cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

User Content

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant ServeCircle the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for ServeCircle’s commercial, marketing or any similar purpose. But you grant ServeCircle permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

Services Availability

For as long as ServeCircle continues to offer the Services, ServeCircle shall provide and seek to update, improve and expand the Services. As a result, we allow you to access ServeCircle as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ServeCircle, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on ServeCircle or by direct communication to you unless otherwise noted.

Pricing

For current license pricing and plans please see the pricing page located on our website or contact us.
We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
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.

Payment, Refunds, Upgrading and Downgrading Terms

Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you.

For paid license/plans, the service is billed in advance on a monthly, quartely or yearly basis and is non-refundable.

You can upgrade to a better package as defined in the pricing plan. The difference amount shall be calculated based on remaining months in the license including the month of upgradation. You shall continue to use the Services as per your license till its expiration and can only downgrade at next license purchase.

The Service is billed is non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, cancelation/termination or refunds for months unused with an open account.

Where a payment request is made by us and is declined by you, your company, or bank for whatever reason, the access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.

You can opt to cancel the subscription of Services using the ‘cancel subscription’ option. Upon such cancellation, ServeCircle at its sole discretion may provide a limited access to your account or accounts before suspending your accounts completely. You can completely close your account using terminate account option in manage profile settings.

Privacy

For information about how ServeCircle collects and use your information, please review our Privacy Policy. You agree that by using the site, Services you consent to the collection and use as set forth in the Privacy Policy.

Notifications and Service Messages

For purposes of Service messages and notices about the Services, ServeCircle may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from ServeCircle to an email address associated with your account, even if we have other contact information. You also agree that ServeCircle may communicate with you through your ServeCircle account or through other means including email, mobile number, telephone, or delivery Services including the postal Service about your ServeCircle account or Services associated with ServeCircle. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

Indemnification

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through ServeCircle.

Limitation of Liability

YOU AGREE THAT SERVECIRCLE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SERVECIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SERVECIRCLE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Disclaimer

WE PROVIDE THE PLATFORM AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SERVECIRCLE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SERVECIRCLE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SERVECIRCLE OR ANYTHING RELATED TO SERVECIRCLE, YOU MAY CLOSE YOUR SERVECIRCLE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ‘TERMINATION’ Clause AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. SERVECIRCLE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SERVECIRCLE TO ANYONE. SERVECIRCLE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SERVECIRCLE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SERVECIRCLE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVECIRCLE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SERVECIRCLE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SERVECIRCLE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Termination

Mutual rights of termination              

You may terminate this Agreement and your account, for any or no reason, at any time, with notice to ServeCircle. This notice will be effective upon ServeCircle processing your notice. ServeCircle may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only ServeCircle or the party paying for the Services may terminate your access to any paid Services. Termination of your ServeCircle account includes disabling your access to ServeCircle and may also bar you from any future use of ServeCircle.

Misuse of the Services

ServeCircle may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes abusing the ServeCircle Services; creating multiple or false profiles; using the Services commercially without ServeCircle’s authorization, infringing any intellectual property rights, violating any of the or any other behavior that ServeCircle, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, ServeCircle has adopted a policy of terminating accounts of Members who, in ServeCircle’s sole discretion, are deemed to be repeat infringers.

Effect of Termination

Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

Dispute Resolution

Your sole and exclusive remedy for any dispute with ServeCircle related to any of the Services shall be termination of such Service.