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LYTTY validly assumes that you have read, understood and agreed to this Master Subscription Agreement and Terms of Service (ToS) prior to and on availing the services. You shall not register, utilise the Services provided by LYTTY , or provide access to any End User if You do not agree with any of the terms in this ToS and Your registration shall be deemed acceptance of this ToS and all terms and conditions herein. A legally valid contract is executed between You and LYTTY once You agree to the ToS by clicking
"I Agree" and You shall be bound by these terms until termination.
This Document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
LYTTY is a cloud based Customer engagement software with CRM and Analytics built on to it.
This Cloud based Customer engagement software with CRM, Analytics and allied services (hereinafter "Service") is being provided as a "Software as a Service" (SaaS) model by LYTTY on the website http://www.LYTTY.com and the scope of Services and the related modules are as per the link http://LYTTY.com/features. LYTTY and owned and operated by LYTTY Ventures Private Limited, MG Road, Bangalore, Karnataka, India and herein after, the terms "LYTTY ", "We", "Us", "Our" or "www.LYTTY .com" shall mean and includes LYTTY Ventures Pvt Ltd.. The term "You", "Your", "Yours", "User" shall mean to denote the either the individual or Entity(Company/Partnership/ LLP/Society/Trust/Proprietary concern/ any other entity by any name whatsoever called in their respective jurisdiction) who has registered at www.LYTTY .com("Registered Entity") and availing the Service of LYTTY and deems to include such authorised user(s) (Authorised Users) operating under the Registered Entity.
This ToS is effective upon registration and activation of Your account (either trial Version or paid version) and on registration, You will be provided with a limited license to use LYTTY and LYTTY will provide the Services You elected to receive, subject to the terms and conditions of this ToS. By accepting this ToS, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference.
All the terms and conditions and policies including the Privacy, Disclaimers and Terms of usage of third party service providers included as a reference herein constitutes the terms of Your usage of the Service and forms part of this ToS.
By registering on www.LYTTY .com and/or utilising the Services, You (Registered Entity and Authorised Users) hereby unconditionally agree to be bound by this ToS and all the terms herein including the policies, disclaimers etc., which are incorporated herein by way of reference and if You do not agree to any of the terms, You shall not use the Services and use of the Services shall be deemed acceptance of the terms.
Registration is mandatory and You hereby unconditionally accepts and consents to the Registration of LYTTY to avail the Services. The registration process and procedure and pricing shall be as per http://LYTTY .com/pricing. The changes or revisions in the Registration process and procedures and pricing shall be periodically updated in http://LYTTY .com/pricing. We reserve the right to refuse the Service to anyone at any point of time without assigning any reasons.
You are eligible to register only if : You are either an individual proprietor, or an entity (company, body corporate, LLP, partnership firm, Society, Trust proprietary business, etc.). If You are an entity, You shall authorise an individual (Authorised Person) to register on Your behalf.
You (if You are an individual)or the Authorised Person shall be above 18 years of age and who is competent to enter into a valid contract as per the Indian Contract Act, 1872 to register with LYTTY . Persons who are 'incompetent' to contract, including minors, undischarged insolvents etc., are not eligible to register or utilise the
The Authorised Person shall have the complete authority to register on Your behalf. Such individual may be your agent, employee, director, partner or proprietor and LYTTY validly presume that Your Authorised Person is competent to contract. LYTTY shall not be responsible and shall have no liability in the event such person is an incompetent person to enter into a valid agreement. In such event You shall ratify the acts of such person and all such actions of such person shall be binding on You as if done by a competent person. You and your Authorised Person(s) including your Authorised Users completely and unconditionally agree to all the terms and conditions of this ToS including those policies, EULAs, Supplementary terms and conditions which are incorporated herein by way of reference. You have paid the required service fee to LYTTY unless You have been provided with free evaluation as per clause 3.3 below.
You may evaluate the Services for free on a trial basis (Trial Version) by contacting LYTTY The availability of features maybe limited on the Trial Version and all facilities and features of the paid version may not be available on the Trial Version. LYTTY shall decide on the duration of free evaluation period, on completion of which, You may decide to either stop the Service or continue availing the Service by paying the required service fee. Additional terms, if applicable may be viewed on the http://LYTTY .com/ trial web page.
You need to make payment prior to availing the Services. You may choose to make payments Annually or monthly. Depending on your payment period, you term (Term) shall be 360or 30 days. You are required to make your renewal payment before the expiry of your Term if You wish to continue the Services. Please see http://LYTTY .com/ pricing for our payment plans including the details of additional Authorised User accounts and cost for purchasing "Supplementary Services". Payments are not liable to be refunded if You stop using our Service before the expiry of Your Term.
We utilise the services of CC Avenue for payment gateways. The terms and conditions of CC Avenue is available at https://www.ccavenue.com/highestlevel_security.jsp
LYTTY provides multiple user accounts per registration, which shall be handled by You or Your Authorised Person and such person may be normally be designated as the Administrator. The types of accounts are as follows: Administrator Account: LYTTY administrator is the master user account, which is generated while registering. This user will have the full control over the system and create multiple users as per the subscription plan permits. Authorised User Accounts : User accounts are created by the Administrator and used by the authorised users of the organisation for accessing the sections of the software. The access rights of authorized users are controlled by the Administrator as required by the roles of authorized users.
You hereby represent that You or your Authorised Person and Authorised User(s) are competent persons to enter into a valid contract as per the Indian Contract Act, 1872.
LYTTY is not responsible for, and does not endorse, the authenticity of any data inputs (Customer Data) made by You or your Authorised Person/User(s). Customer data means to include your billing data, customer data, inventory data and all other information uploaded by you to LYTTY while utilising our Services. Under no circumstances shall LYTTY be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to You in connection with any corrupt/invalid/false Customer Data posted by You or Your Authorised Person/User(s) on LYTTY
You hereby unconditionally agree that You will not post or transmit, or let Your Authorised Users post or transmit, on LYTTY : Any contents or materials containing profanity; Any contents or materials which are false, inaccurate or misleading; Any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components; Any content or material which could be harmful or potentially harmful to LYTTY Server structure as determined at LYTTY 's sole discretion, including without limitation overloading the LYTTY technical infrastructure
You hereby unconditionally agree that You shall use this Service only for legal and legitimate purposes and in compliance with this ToS and that the Services shall be used only in connection with Your business.
You shall not, while utilising the Services: Access, tamper with, penetrate or use â?? LYTTY 's servers, computers, (including those of its 3rd party service providers), or other parts of LYTTY which do not for part of the Service. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; Interfere with, or disrupt, (or attempt to do so), the access of any other Authorised User, or other registered customers/clients of LYTTY , including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the Services, or by scripting the creation of the Entity Content in such a manner as to interfere with or create an undue burden on the Services. Sublease Your account to third parties.
We utilise the service of various third party service providers in bringing you this Service. While availing our Services, You hereby agree to be bound by the relevant terms and conditions of the third party service provider whose services We utilise. You may go through the terms and conditions/terms of usage of these third-party services providers below. Amazon Web Services -http://docs.aws.amazon.com/AWSEC2/latest/UserGuide/using-network-security.html MSG 91 for SMS Service ( https://msg91.com/terms )
Value Added Services: LYTTY in association with its technology partners and other third party service providers provides certain Value Added Services to its Customers. While some of these Value Added Services may be provided to You at no additional cost, some may incur additional cost on a "pay as you use" model. Please refer to the Payment section for details on the cost structure. Below are the indicative list of Value Added Services currently available.
The above list is not exhaustive and subject to change as LYTTY endeavors to bring You more and more innovative and useful services over time. As with all services provided in conjunction with third party service providers, LYTTY cannot provide any warranty to such Value Added Services including uninterrupted service. LYTTY reserves the right to withdraw any Value Added Service without mentioning any reasons whatsoever.
All rights pertaining to Customer Data belongs to You or their respective IP rights holders. We do not claim any rights whatsoever in Your contents. You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling any and all Customer Data displayed, stored on or in connection with your page on LYTTY .
LYTTY Data Retention Policy is, Data is retained as long as the customer is active and using our products. If any deletion is performed by the users (agents, admin, etc…) - then the delete is immediate. However, logs will be retained. These logs would be retained for 3 months and then archived in a secure environment with no access unless explicitly approved by the senior management to comply with applicable laws. These archived logs would also be purged automatically after 12 months. The log will just contain only information about the action or event and associated details.
Upon Account Termination, all account data will be deleted after 14 days from the date of termination. Logs will be retained as mentioned above.
LYTTY Ventures Pvt Ltd. shall be the sole and exclusive owner of LYTTY and its Services. All Intellectual Property rights of any third party service utilized remains with its respective owners. You shall not under any circumstances have any claim to any intellectual property rights in any part of the Services with the exception of Customer Data. You shall not misuse or use the trademarks and copyrights of LYTTY without proper written authorisation.
All trademarks, logos, and service marks displayed on www.LYTTY .com are registered and unregistered Trademarks of LYTTY Ventures Pvt Ltd. and/or third parties who have authorized their use ("Trademarks") and You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials contained on www.LYTTY .com are copyrighted except where explicitly excluded otherwise. In the event of any violation of the intellectual property rights of LYTTY , the same shall be viewed seriously and LYTTY reserves its discretion to initiate appropriate legal action including criminal prosecution.
Data Collection: LYTTY collects information both voluntary and involuntary from You. Voluntary information includes Customer Data and other data including your personal information provided by you at the time of registration. Involuntary information includes that information collected automatically by LYTTY when you log into the website www.LYTTY .com and utilise the Services. That information may include your IP address, details of your operating system, your browser, and details of your computer system, screen resolution, your browsing activity, and other information about how you interact with our websites or other websites. We may also collect information regarding Your social network sites and track your social network activities. However, We shall never post any contents without Your knowledge. We do not collect any personal information automatically and such information are collected only with your consent.
Why We Collect: All information collected shall only be used to provide You with the best possible services. Your system details including your operating system, screen resolution, browser details etc., are collected to optimize our website and other services to suit Your requirements. We may also track and analyze your browsing habits through cookies or other means, which may help us in optimizing the web ads which appear on the website. You may exercise your right to withhold this information by disabling cookies in your browser settings. Personal information collected during registration process shall be used only for the purpose of registration and maintaining your account. Our third party payment service provider may store your payment details including your bank account/credit card information solely for the purpose of automating the renewal process.
How We Store your data: We are committed to protect your personal information. We utilize third party cloud services "Amazon Web Services" for the purpose of storing all information. You may go through their website https://aws.amazon.com/vpc/ for gaining a better understanding of how the information is stored and the security standards implemented for the protection of your information. We may not share your personal contact information with unaffiliated third parties, however, may use the information collected for registration and managing your account. Take note that whenever you voluntarily disclose personal information online, your information could be collected and used by others. Although We may attempt to protect your personal information, LYTTY does not ensure or warrant the security of any information you transmit to us, and that you do so at your own risk. We may provide some information and user statistics to prospective advertisers, partners or ISP for the purpose of marketing assistance, providing customer service, surveys etc. We may disclose personal information when we believe in good faith that the law requires it or to protect the rights or property of LYTTY . Under certain circumstances, the Government authorities or competent court may require the disclosure of information, including Your personal information and We shall be forced to comply especially in the interest of National Security, criminal activities, law suits etc. LYTTY may also voluntarily disclose your personal information to the governmental authorities, if we believe that such disclosure is appropriate in the interest of National security etc. We may use the information/data to manage our relationship with you; prevent and detect security threats, fraud or other illegal activity; communicate with you and provide updates; offer and provide support services; undertake data analysis and research, improve services etc.
except as provided and stated in this tos, and to the fullest extent allowed by applicable law, we make no claims, warranties or representations, express, implied or statutory, and we expressly waives and disclaims any and all implied claims, warranties and representations of merchantability, fitness for a particular purpose, satisfactory quality, with respect to the service we provide.
We do not guarantee an uninterrupted Service as the uptime depends on several factors beyond our control including but not limited to your internet connection, its speed and availability, availability of hardware requirements at your end viz., computer, smartphone etc., electricity, uptime of Amazon Web Service (the cloud service where we have hosted our applications) etcetera. Services may also be interrupted when some of the contents You post does trigger Our (including our service provider's) malicious code and virus blocking system and we take no responsibility of such interruptions even in cases of false triggers.
You are responsible for all Customer Data uploaded by you. We will not be responsible or liable for any inaccuracies, corruption, data loss with respect to the Customer Data uploaded through our Services and shall not be responsible for any consequential damages. We do not have any control over the Customer Data residing in our servers. Electronic storage are susceptible to damage through various external means viz; intrusion, virus, voltage fluctuations, adverse environmental conditions, etc. Our servers including third party data centers are well protected, however, we cannot and do not guarantee a 100% fail proof protection and hence, You are advised to keep a back up of all your data including Customer Data.
We shall not be liable for any default or interruption in Services attributable to events beyond our reasonable control. Such events (the "Force Majeure Events") shall include acts of God, fires, explosions, accidents, unusually severe weather conditions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, hacking, server mal-functioning and any other similar events.
LYTTY Ventures Pvt Ltd. MG Road, Bangalore, Karnataka, India Phone : +91 9539917771 Email :support@LYTTY .com
You hereby agree to indemnify, defend, and hold Us and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to the use of the Service and for violation of any of the provisions of this ToS. Such liabilities may include, but are not limited to, those arising from the following: (i) infringement or misappropriation of any intellectual property rights
Any damage or destruction to LYTTY 's scripts/servers/equipment or to any of Our clients, which damage is caused by or otherwise results from Your acts or omissions including those of Your designates and authorised personnel; (iii) any personal injury or property damage arising out of Your activities related to the Services; and (vi) any other damage arising from Your equipment or business.
You shall be solely responsible for the consequence of the use of the Services.
We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, including loss of production, loss of or corruption of data, loss of profit or of contracts, loss of operation time or loss of goodwill or anticipated savings, even if the We were advised of their possibility.
It is hereby made clear that LYTTY 's total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this ToS and any other agreement with You relating to the Services or based on any claim for indemnity or contribution shall not exceed 50%of the sum of the Fees You have paid to Us within the preceding year.
In the event of any violation of the provisions of this ToS, LYTTY at its sole discretion after intimating You in writing with reasons adduced, may suspend the Services.
Suspension shall specifically include the disabling of Your Account and/or any access to information or Customer Data related to Your account for such periods as mentioned in clause 15.3 below.
In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 18.2 of this ToS. No refunds requests shall be entertained for or during the period of suspension of Your account.
Termination for non-payment: To avail the Services You are required to make payments as per one of our payment plans. The Services shall be terminated forthwith on expiry of your Term unless You make a renewal payment prior to the expiry of your Term.
Termination by LYTTY : We reserve the right to terminate the Services forthwith in the eventuality of You breaching any of the terms of this ToS. Termination for breach does not entitle You for any refund.
You may terminate our Services any time, however no amount shall be refunded in case You stop using Our Services prior to expiry of Your Term.
We hereby reserve the rights to modify or update any of the terms of this ToS without a direct intimation to You. However, We may exhibit a general notification on Our website to that effect. You are required to periodically check the ToS for any changes or modifications.
This Service is being provided to You â?? The Registered Entity and its Authorised Users through the Registered Entity. You do not have the permission and You shall not assign the Service to a third party for any reasons whatsoever
LYTTY may assign the responsibility of providing the Services, to its affiliates, associates including subsidiary, parent company or sister concerns without any notice to You provided such assignment will not cause any interruption in the Services.
Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996.
The Parties ( LYTTY and You) shall mutually appoint a sole arbitrator. If the Parties fail to mutually appoint a sole arbitrator, then LYTTY shall recommend and finalise the sole arbitrator.
The venue of such Arbitration shall be Ernakulam and language of Arbitration shall be English.
The arbitrators shall make a reasoned award (the "Award") and such award shall be final and binding on the Parties.
This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of city of Kochi, Kerala. The Courts in Ernakulam, Kerala will have the exclusive jurisdiction to govern the provisions of this ToS.
