Terms of Service

1. TERMS OF USE

Welcome to the eleve, an online service and platform for brand advocacy, which includes websites, mobile apps, and other technology(collectively the “Platform”), owned and operated by Coengaged Technologies Private Limited (“eleve”, “we,” “our,” or “us”).

The Terms of Use (“TOU”) creates a binding legal agreement between you (a “User”) and Coengaged Technologies Private Limited (“eleve”, “we”, “our”). These TOU governs your use of the services, software and websites (together, the “Services”) provided by eleve. By accessing or using the Platform/Services, you expressly acknowledge and agree that you have read, understood, and agree to follow these TOU and all applicable laws and regulations governing use of the Platform and our Privacy Policy. If you do not agree to these TOU, please do not access or use the Services. If you visit the Platform or use the Services in any manner whatsoever, then you would necessarily be agreeing to the TOU by default.

In case you have entered into a Corporate Agreement with us, then the terms of the said Corporate Agreement shall prevail over these TOU.

We reserve the right to amend the TOU at any time and without any explicit intimation to you. When we make such changes, we will post them to our Platform with the date of last amendment/revision and you will be able to access them through the same link you used before. Your use of the Platform and/or the Services after such changes shall constitute acceptance of the new TOU and/or policies.

2. USE OF PLATFORM

Eleve hereby grants you a non-exclusive, non-transferable, non-sublicensable and limited license to use the Service/Platform and may change, suspend, or discontinue any aspect of the Platform at any time. Eleve reserves all rights not expressly granted herein on the Platform/Services. Unless eleve has agreed otherwise under a Corporate Agreement, eleve may terminate this license at any time for any reason or no reason. Eleve may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Platform/Service. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Platform/Service. You further undertake that:

1. You will not copy, distribute, or disclose any part of the Service on any medium;
2. You will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and
3. You will otherwise comply with these TOU at all times while using the Services/Platform.

You acknowledge and confirm that you will not register another user account without permission. While creating your account, you must provide accurate and complete information. You will be solely responsible for the activity that occurs on your account, and you must keep your account password secure at all times. Eleve shall not be responsible/liable for any unauthorised use or loss of data from your account in any manner whatsoever. However, you assure that you will notify/inform eleve immediately in case of any breach of security or unauthorized use of your account. You will indemnify eleve at all times in case of any claims, losses, complaints arising out of your use, breach of security or unauthorised use of the account by you or any third party. Further Eleve controls this Platform from India and makes no representation that this Platform is appropriate for use in other locations or territory. If you use this Platform from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Platform in violation of any applicable laws or regulations of the country of use.

3. RESTRICTION ON USE OF THE SERVICES/PLATFORM

By visiting the Platform and registering yourself as User, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Eleve through this Platform or for inclusion on the Platform will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

I. You further agree that you will:

a. Abide by and comply with these TOU at all times;
b. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, data protection laws and any/all regulatory requirements;
c. Comply with all TOU and similar rules concerning your use of any Social networking services or other third-party publishing platform;
d. Provide true and correct information at the time of registration and update it from time to time if required;
e. Use your correct and actual name on your profile;
f. Use the Platform in a professional manner, DO NOT post anything that is considered defamatory libelous or criminal.

II. You agree that you will not:

a. Act in an unlawful, unauthorised or unprofessional manner in connection with the Platform, including being dishonest, abusive or discriminatory;
b. Post User Content that infringes upon any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity;
c. bypass any technical protections or throttling that eleve institute, or access, use or scrape the Platform or the Services by any automated means
d. Post User Content that:
- ● is harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, airing personal grievances or disputes, or otherwise inappropriate or objectionable;
- ● may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness;
- ● may create a risk of any other loss or damage to any person or property;
- ● may constitute or contribute to a crime or tort;
- ● contains any information or content that is illegal and against the applicable law;
- ● contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- ● contains any information or content that is not correct or current. You agree, represent, and warrant that you have the right to post your User Content, and the User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property, rights of publicity, and privacy rights.
e. Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of eleve, except for the sharing of Company or User Content made specifically available for sharing through the Platform;
f. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology;
g. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
h. Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
i. Upload invalid data, viruses, worms, or other software agents through the Platform;
j. Create a false identity, impersonate another person or otherwise misrepresenting who you are or your affiliation with a person or entity;
k. Create a User profile for anyone else other than yourself;
l. Use or attempt to use another’s account;
m. Interfere with the proper working of the Platform;
n. Use the Platform to generate spam, advertising, junk mail, chain letters or similar content or message;
o. Bypass the measures we may use to prevent or restrict access to the Platform.
p. Override any security feature of the Platform;
q. interfere with the operation of, or place an unreasonable load on, the Platform (such as, spam, denial of service attack, or viruses);
r. Use or launch any automated system, including without limits, “robots,” “spiders,” “offline readers,” etc., that accesses the Platform in a manner that sends more request messages to the eleve servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
s. Collect or harvest any personally-identifiable information, including user or account names, from the Platform;
t. Use any portion of the Platform as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
u. Solicit contact information or other personal information from Users you don’t know, without authorization;
v. Rent, lease, loan, trade, sell/resell access to the Platform or related data;
w. Sell, sponsor, or otherwise monetize the Platform;
x. Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform;
y. Monitor the Platform’s availability, performance or functionality for any competitive purpose;
z. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
aa. Overlaying or otherwise modifying the Platform or their appearance; or Use the Platform for tasks that it is not intended for.

III. You acknowledge and agree that any breach of the above will constitute a material breach of TOU with us. In such event, eleve may, in addition to any and all applicable legal and equitable remedies against you; (i) disable your registered account and your access to the Platform and the Services; and (ii) recover from you any losses damages,costs or expenses incurred by eleve resulting from or arising out of your non-compliance. You further acknowledge and agree that eleve may co-operate with any governmental authority in connection with any investigation into your use of the Services/Platform, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any Content, the Results and any other information pertaining to you or to your use of the Service/Platform, to such governmental authority in connection with any such investigation.

4. NOTIFICATIONS & ALERTS

By providing eleve your email addresses to eleve, you accept and consent to receive Service-related notification/notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes related to features of the Service/Platform and special offers. Certain Customers may have negotiated further modifications to the emails we may send from time to time. You may opt-out from receiving email digests from us; however, you will continue to receive broadcast emails or push notifications via the Service (as these are key features of the Service) on your registered email address.

5. TERMINATION OF SERVICES

Eleve may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in eleve’s sole determination, you violate any of these Terms, including the following prohibited actions:

1. Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Service/Platform;
2. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
3. Uploading invalid data, viruses, worms, or other software agents through the Service;
4. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
5. Interfering with the proper working of the Service;
6. Using the Service to generate spam or,
7. Bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email domain name not affiliated with a Company Community, if not invited by an Administrator of the Company Community.

6. LIMITATION OF LIABILITY/DAMAGE

ELEVE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE PLATFORM. ELEVE ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE PLATFORM BY ANY USER. ELEVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PLATFORM, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF ELEVE WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

THE LIMITATION OF LIABILITY/DAMAGE SHALL SURVIVE THE TERMINATION OF SERVICE BY ELEVE AND SHALL BE APPLICABLE YOU IN PERPETUITY.

7. INDEMNITY

You will indemnify, defend, and hold harmless eleve, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the "Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by any Entities in any way arising out of or relating to this TOU, your violation of this TOU, your content, or your use of our Services/Platform. Eleve reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at all times.

8. INTELLECTUAL PROPERTY

The Platform is and will remain the exclusive property of Eleve. All rights, titles and interests in and to the Platform will be and remain vested solely in Eleve. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the Platform/Services, or any rights thereto, except as expressly and specifically provided in the TOU. Nothing in these TOU will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these TOU grants you the right, directly or indirectly, to use the Platform to create a product for resale or to use the Platform in any way that competes with Eleve.

9. JURISDICTION

This TOU and the Services offered on the Platform shall be governed by and enforced in accordance with the laws of India. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in India.

10.SEVERABILITY

If any provision of the TOU is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.

The Platform/Service is controlled and operated from our Corporate Office, Coengaged Technologies Private Limited, India. Those who access or use the Service from other jurisdictions, we suggest to do so at their own risk volition and are entirely responsible for compliance with local law, including but not limited to data protection, privacy and/or export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

You have any questions or concerns or complaints about this TOU, Privacy Policy or Our data collection or processing practices, or if You want to report any security violations to us, please contact us at [email protected]