Thank you for your interest in Magnabox private limited (“3Sigma”, “we” or “us”). By registering an account or accessing any 3Sigma services (“Services”) available via 3Sigma websites and/or mobile application (“App”), you agree to all the terms and conditions (“Terms”), together with any amendments, of this Terms of Service Agreement (“Agreement”). If you are using the Service on behalf of a company or other entity (“Company”), then you are agreeing to all these Terms on behalf of that Company, and you represent and warrant that you have the authority to bind the Company to this Agreement. In that case, “you” and “your” refers to you and that Company.
Subscription and Pricing
When you register an account, you will receive a trial period of 7 days (unless otherwise stated) free of charge for which no credit card details nor payment will be required. Your free trial account will expire automatically unless you choose to opt-in to a subscription plan. There is no need to cancel it if you do not wish to continue using 3Sigma after your free trial ends.
Should you choose to subscribe, the Subscription Fee will only be charged at the end of the free trial period and shall be charged via credit card in full and in the currency specified for the Subscription Plan selected (unless otherwise arranged on a case-by-case basis at our sole discretion). Your Subscription Fee will remain fixed during your Subscription Term and includes access to all existing features.
When you pay by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Your subscription will be automatically renewed at the amount and frequency as specified in your selected Subscription Plan (e.g. monthly, yearly, or another period), until cancelled. You may cancel your 3Sigma subscription at any time without penalty, after which you will no longer be billed. If you cancel your subscription, you may continue to use your subscription until the end of your then-current Subscription Term.
Data and Privacy
In order to register an account, you must submit contact information such as your name, email address, and phone number as it is used to verify, secure, and access your account. To keep you logged in, we use cookies on the site and similar tokens in the app. Our server software may also store basic technical information, such as your IP address, in memory or logs.
Through 3Sigma Services, you will have the option to import and create leads. This leads data, along with the aforementioned data and contact information submitted by or for you to the 3Sigma Services, including electronic data and information submitted by or for you through your use of third-party applications, or collected and processed automatically by or for you using the 3Sigma Services is herein referred to as “Your Data”.
Your Data may be used to deliver, maintain and improve our services, including for troubleshooting, data analytics, testing, research, statistical and survey purposes. We may also use Your Data to contact and provide you with Services that you request, develop new Services, suggest personally relevant features, and to keep our services, business, and users safe and secure.
Where required by law, we may disclose Your Data in response to subpoenas, court orders, or other legal requirements; to exercise our legal rights or defend against legal claims; to investigate, prevent, or take action regarding illegal activities, suspected fraud or abuse, violations of our policies; or to protect our rights and property. We will carefully review all requests to ensure that they are legally valid and are limited to the data that law enforcement agencies require for their specific legal purposes.
For any reason or no reason at all, you may terminate this Agreement at any time by sending us an email at vivek@3Sigma.com to delete Your Data and Service account. Deleted information may be kept in backups for up to 90 days. Backups are encrypted and are only accessed if needed for disaster recovery.
Data Security
We implement a variety of security measures to help keep Your Data secure. Your Data is fully encrypted in transit (TLS 1.2 via HTTPS) and in the database (256-bit Advanced Encryption Standard). We’re committed to using the highest grade technology to secure and protect Your Data.
Account Security
3Sigma offers a secure login process with one-time passwords (“OTP”) via email or SMS. You are solely responsible for controlling who has access to your account by limiting access to your computers and devices, and with whom you share your OTP code(s) with for multiple device logins.
The web app is also provided for users to help them manage their leads. It is currently in beta and user may experience some instability and less then optimal experience. Kindly note that it is provided on as is basis
Third-Party Services
The Services include features and/or functionality that interoperate with online services operated by third-parties (“Third-Party Services”), pursuant to agreements between 3Sigma and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which 3Sigma does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. 3Sigma shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Services in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.
Subject to payment of any fees owed to the Company, you are granted a non-transferable and non-exclusive license for the term of this Agreement to download, run and use the Software and Services on your device for your internal business operations. Disassembly, decompilation or reverse engineering and other source code derivation of the software comprised within the Software or Services is prohibited, as far as this is prohibited by law.
Unless otherwise specified in this Agreement, the Software and Services are provided and may be used by you in conjunction with its existing systems and applications to facilitate your authorized users use of the Software and Services. You may not: (i) lease, loan, resell or otherwise distribute the Software or Services save as permitted in writing by the Company; (ii) use the Software or Services to provide ancillary services related to the Software or Services; or (iii) except as permitted in this Agreement, provide access to or allow the use of the Software Services by or on behalf of any third party.
. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
Keeping Your Account Secure. You are responsible for keeping your device and your WhatsApp account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
PERMITTED USE
When using the Software or Services, you and authorized users agree to comply with all applicable laws and third-party IPRs. (“IPR) means all copyrights, patents, utility models, trademarks, service marks, registered designs, moral rights, design rights (whether registered or unregistered), technical information, know-how, database rights, semi-conductor topography rights, business names and logos, computer data, generic rights, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world.
You further agree not to post, display, perform or otherwise distribute proprietary information which breaches the IPRs of third parties, or which is confidential, defamatory, or inappropriate content. You are solely responsible for any breach of any applicable law relating to the rights of third parties caused by Customer Data provided or transmitted by You or through your device. The burden to show that the Customer Data provided by you does not breach any law or any the rights of third parties are exclusively borne by you. You agree that all logos symbolizing the Company, and all content, designs, and photos posted on the Software’s website by the Company and any and all authorized users and third-parties, are exclusively owned by the Company unless otherwise indicated.
In no event shall the Software or Services be used: (i) to attack, abuse, threaten, defame or otherwise breach the rights of the Company or any other party; (ii) for illegal, fraudulent or deceptive activities or practices; (iii) to transmit proprietary information of authorized users or a third party; (iv) to attempt to introduce viruses or other malicious code; (v) to attempt to obtain unauthorized access to the computer network or user accounts of the Company; (vi) to encourage criminal behavior; or (vii) to breach any terms of this Agreement.
The Company reserves the right, in its sole discretion, to terminate this Agreement and/or block access to use of the Services or Software for any reason, including, without limitation, a complaint received by the Company concerning a breach of this Agreement by you or an authorized user, or of the IPRs of a third party.
INTELLECTUAL PROPERTY
All contents of the Service are copyrighted © 2016 LeadsBridge. All rights reserved.
All IPRs and title to the Software and Services (save to the extent they incorporate any Customer Data or third party owned item) shall remain with the Company and/or its licensors and no interest or ownership in the Services, Software, Company IPRs or otherwise is transferred to you under this Agreement. No right to modify, adapt, or translate the Software or Services or create derivative works from the Software or Services is granted to you. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Software or Services.
Company content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks, and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
You shall retain sole ownership of all rights, title, and interest in and to Customer Data and shall have the sole responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Data.
You warrant and represent that you shall maintain reasonable security measures (as may change over time) covering, without limitation, confidentiality, authenticity, and integrity to ensure that access to the Software and Services granted under this Agreement is limited as set out in this Agreement.
The Company may take and maintain technical precautions to protect the Software and Services from improper or unauthorized use, distribution or copying.
WARRANTIES
Except as expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law. No warranty is made regarding the results of usage of the Software or Services or that the functionality of the Software or Services will meet your requirements or that the Software or Services will operate uninterrupted or error-free. You agree that the Company may occasionally remove the Software and Services for indefinite periods of time or cancel the software or Services at any time, without notice. You understand and agree that your use of the Software and Services is entirely at your own risk and that the Services and Software are provided “As Is” and “As Available”.
You warrant and represent that: (i) you have full corporate power and authority to enter into this Agreement and to perform your obligations; (ii) the execution and performance of your obligations under this Agreement does not violate or conflict with the terms of any other agreement to which you are a party and is in accordance with any applicable laws; (iii) you shall respect all applicable laws and regulations, governmental orders and court orders, which relate to this Agreement; and (iv) you rightfully own the necessary user rights, copyrights and ancillary copyrights and permits required for you to fulfill your obligations under this Agreement.
EXTERNAL CONTENT
The Software or Services may include hyperlinks to third-party content, third-party merchant services, advertising or websites. You acknowledge and agree that the Software or Services are not responsible for and do not endorse any advertising, products or resource available from such resources or websites.
FORCE MAJEURE
If a party is wholly or partially prevented by Force Majeure from complying with its obligations under this Agreement, that party’s obligation to perform in accordance with the terms of this Agreement will be suspended. (“Force Majeure”) means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, including without limitation where Company ceases to be entitled to access the Internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.
No Unlawful or Prohibited Uses
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. In addition, you agree not to use false or misleading information in connection with your account, and acknowledge that we reserve the right to disable any account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).
Modification and Termination of Services
3Sigma reserves the right to modify, update or discontinue our Services, or any features or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Services at any time without notice, obligation or liability to you should you be found in violation of the Terms.
You may also terminate this Agreement at any time, for any reason or for no reason, by deleting your account through the Service and/or sending us an email at support@3Sigma.com to delete Your Data.
Limitation of Liability
To the fullest extent allowed by applicable law, you agree to indemnify and hold 3Sigma and its affiliates, employees and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) resulting from or in any way related to any third party claims relating to (a) your use or misuse of the Services (including any actions taken by a third party using your account); (b) errors in the content or interruptions in the Services; (c) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (d) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Arbitration Agreement
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Delhi in accordance with the Arbitration Rules of the New Delhi International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The Tribunal shall consist of one arbitrator, and the language of the arbitration shall be in English.
Applicable Law and Jurisdiction
This Agreement shall be governed by the laws of New Delhi without regard to its conflict of laws provisions.
Your Data may be processed, stored, and used outside of the country in which you are located. Data privacy laws vary across jurisdictions, and different laws may be applicable to Your Data depending on where it is processed, stored, or used.