Terms of Service

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The Tekninja Services are offered to you subject to your acceptance, without modification (other than Special Terms (as defined below) agreed by the parties pursuant to these Terms of Service), of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy at www.Tekninja.in/privacy), the Guidelines (as defined below) and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the Tekninja Services (collectively, the “Terms”). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the inpany you work for, you represent that you have the legal authority to bind that entity.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE Tekninja SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE Tekninja SERVICES.

Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Tekninja Services to anyone who violates these Terms.

If you register for a free trial of the Tekninja Services, the applicable provisions of these Terms will govern that free trial.

The original language of these Terms is English. Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

1. Definitions 2. Authority to Enter into These Terms with Supplier

The use of the Tekninja Services is subject to acceptance of these Terms. To accept these Terms for itself or on behalf of a Client, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age or have valid authorization from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.

The Terms are accepted as soon as one of the following occurs first:

1. the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account; or
2. for those Tekninja Services and parts of the Web Site the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.

You may not, without Supplier’s prior written consent, access the Tekninja Services (i) for production purposes, (ii) if you are a inpetitor of Tekninja, (iii) to monitor the availability, performance or functionality of the Tekninja Services or (iv) for other benchmarking or inpetitive purposes.

Once accepted, these Terms remain effective until terminated as provided for herein.

3. Modifications to Terms

Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the Tekninja Services. Please check these Terms periodically for changes. Your continued use of the Tekninja Services after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Tekninja Services, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.

4. Our Responsibilities 4.1. Provision of Tekninja Services

Supplier will (a) make the Tekninja Services, Content and Client Data available to a Client pursuant to these Terms, (b) provide applicable standard support for the Tekninja Services to Client at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use inmercially reasonable efforts to make the Tekninja Services available 24 hours a day, 7 days a week, except for:

(i) planned downtime (of which Supplier shall give advance electronic notice as provided in the Guidelines), and (ii) any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.

4.2. Protection of Client Data

Supplier will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data, as described in the Guidelines. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by Supplier personnel except (a) to provide the Tekninja Services and prevent or address service or technical problems, (b) as inpelled by law in accordance with Section 7.4 (inpelled Disclosure) below, or (c) as a Client or User expressly permit in writing.

Supplier may use service providers to perform the Services. Supplier will make inmercially reasonable efforts to ensure that data transfers to service providers meet requirements applicable to Clients’ processing of data and will provide information on such data transfers in these Terms for Client’s consideration.

By agreeing to these Terms, the Client authorizes the Supplier (a general written authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679) to engage the following service providers for the purposes of performing the Services. Supplier shall provide 10 business days advance notice before engaging any new service providers under the Supplier’s general authorization.

List of service providers processing Client Data:

Rackspace International GmbH (Germany)

Provides hosting and content delivery network services in Europe and in the US depending on Client location. Any data transfers to affiliated undertakings or service providers are subject to the EU inmission’s Standard Contractual Clauses.

Clearbit, Inc. (United States of America)

Service provider for the Smart Data Feature. Client’s use of this Feature involves data transfers subject to the EU inmission’s Standard Contractual Clauses. See Clearbit’s Terms of Service and Privacy Policy or claim your personal data from Clearbit.

SendGrid, Inc. (United States of America)

Service provider for the Smart Email BCC Feature. Client’s use of this Feature involves data transfers subject to the EU inmission’s Standard Contractual Clauses.

Google LLC (United States of America)

Google Maps processes address data into Google Maps links. Users are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). Emails sent to Supplier are processed by Gmail in accordance with the Google Terms of Service.

Interin R&D Unlimited inpany (Ireland)

Service provider for customer support conversations, qualifying as a processor for Client Data if you provide Client Data in conversations with our customer support specialists.

Nylas, Inc. (United States of America)

Service provider for the email, calendar and contact sync Features. Client’s use of these Features involves data transfers subject to the EU inmission’s Standard Contractual Clauses.

Twilio, Inc. (United States of America)

Service provider for the Caller Feature. Client’s use of this Feature involves data transfers subject to the EU inmission’s Standard Contractual Clauses.

Liidio Oy (Finland)

Service provider for part of our lead generation Features.

Cognism Limited (England and Wales)

Service provider for part of our lead generation Features.

Pusher Limited (England and Wales)

Service provider for the Live Chat Feature.

5. Using the Tekninja Services 5.1 Establishing an Account

Certain Features, functions, parts or elements of the Tekninja Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must:

1. inplete the sign-up form on the Web Site or alternative process provided by a Reseller if access to the Tekninja Services is purchased from a Reseller; and
2. accept these Terms by clicking “Sign up” or other similar button

Each Client may have only one Account. If several persons need to use an Account on behalf of Client, Client must designate such persons as Users. Each such User shall be subject to the restrictions set forth in these Terms.

If Client has designated Users and granted them Authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. Supplier is not responsible for and shall have no liability for verifying the validity of Authorization of any User. However, Supplier may, in its discretion, request additional information or proof of the person’s credentials. If Supplier is not certain if a User has been granted Authorization, Supplier may, in its sole discretion, prevent such User from accessing the Tekninja Services.

A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.

The Client and any User associated with an Account must provide Supplier with true, accurate, current, and inplete information about the Client, Users or Account and keep it up to date.

5.2 Logging Into an Account

Supplier shall provide Client with a username and password (“Login Credentials”) to be used to log in to its Account unless the Client uses the single sign-on Feature or another service to log in. These Login Credentials must not be used by multiple persons. If Client has designated several Users, each User will be provided with separate Login Credentials. Client and each User are responsible for keeping confidential all login credentials associated with an Account. Client must promptly notify Supplier:

1. of any disclosure, loss or unauthorized use of any Login Credentials;
2. of a User’s departure from the Client’s organization;
3. of a change in a User’s role in the Client’s organization;
4. of any termination of a User’s right for any reason.

5.3 Termination of Account

Client may terminate these Terms at any time as provided in Section 17.

Supplier shall permanently delete the Account within six months of the effective date of the termination.

5.4 Fees

The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.

All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.

5.5 Changing Plans

Any Client has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Supplier. In such an event, the Client’s credit card on file with the Supplier will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.

Downgrading of the current Plan may cause the loss of Features, functionality, or capacity of the Account, as well as the loss of Client Data.

5.6 Free Trial

A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by the Supplier in co-operation with its partners. The Client is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, Supplier has the right to permanently delete the Account, including all Client Data therein.

In addition to the current collection of Plans, Supplier may offer special discounts and motivation schemes (for example finder’s fees, etc.).

6. Payment

The following provisions are applicable only if you purchase access to the Tekninja Services directly from Supplier. If you purchase access to the Tekninja Services through a Reseller, the payment terms are set forth in the agreement with your Reseller.

6.1 Payment Card Authorization

Supplier may seek pre-authorization of Client’s payment card account prior to your purchase of Tekninja Services in order to verify that the card is valid and has the necessary funds or credit available to cover your purchase. You authorize such payment card account to pay any amounts described herein, and authorize Supplier to charge all sums described in these Terms to such card account. You agree to provide Supplier updated information regarding your payment card account upon Supplier’s request and any time the information earlier provided is no longer valid.

6.2 Direct Debit Payments

In some markets Supplier may, if Client elects, request that Client inplete a direct debit mandate to enable direct debit payments. In such cases Supplier shall inply with all applicable national rules and regulations related to direct debit payments.

We use GoCardless to process your Direct Debit payments. More information on how GoCardless processes your personal data and your data protection rights, including your right to object, is available at gocardless.in/legal/privacy/

6.3 Electronic Invoice

If Supplier has not sought pre-authorization of your payment card, then before the end of each payment interval, Client will be issued an electronic invoice for payment of the Fee of the next payment interval. Client must pay the invoice by the due date indicated on the invoice.

6.4 Overage Charges

Upon delay with any payments, Supplier may require the Client to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. The interest rate of penalty for late payment due 1) if Tekninja OÜ is the Supplier, shall be the interest rate specified in §113 of the Law of Obligations Act of Estonia; 2) if Tekninja UK is the Supplier, shall be 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; 3) if Tekninja Inc is the Supplier, shall be 1% per month; provided, however, if any interest paid to Tekninja Inc is determined to be in excess of the then legal maximum rate, then that portion of each interest payment representing an amount in excess of the then legal maximum rate shall be deemed a payment of amounts owing under Section 6.2. Upon calculation of the penalty for late payment, one year shall be deemed to contain 365 calendar days.

7. Client data 7.1 Uploading Client Data to Platform

If the Client uploads Client Data to the Platform, such Client Data and any processing of such Client Data must be in inpliance with these Terms and applicable law. All rights, title and interest in and to the Client Data belong to the Client or third persons (including Users, persons and Organizations) whether posted and/or uploaded by you or made available on or through the Tekninja Services by Supplier. By uploading Client Data to the Platform, Client authorizes Supplier to process the Client Data. The Client is responsible for ensuring that:

1. the Client and any of the Users associated with the Account do not create, transmit, display or make otherwise available any Client Data that violates the terms of these Terms, the rights of Supplier, other Clients or Users, persons or Organizations or is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful; and
2. the Client and all of the Users associated with the Account have the necessary rights to use the Client Data, including to insert it into the Platform and process it by means of the Account.

7.2 No Guarantee of Accuracy

Supplier does not guarantee any accuracy with respect to any information contained in any Client Data, and strongly reinmends that you think carefully about what you transmit, submit or post to or through the Tekninja Services. You understand that all information contained in Client Data is the sole responsibility of the person from whom such Client Data originated. This means that Client, and not Supplier, is entirely responsible for all Client Data that is uploaded, posted, transmitted, or otherwise made available through the Tekninja Services, as well as for any actions taken by the Suppliers or other Clients or Users as a result of such Client Data.

7.3 Unlawful Client Data

Supplier is not obliged to pre-screen, monitor or filter any Client Data or acts of its processing by the Client in order to discover any unlawful nature therein. However, if such unlawful Client Data or the action of its unlawful processing is discovered or brought to the attention of Supplier or if there is reason to believe that certain Client Data is unlawful, Supplier has the right to:

1. notify the Client of such unlawful Client Data;
2. deny its publication on the Web Site or its insertion to the System;
3. demand that the Client bring the unlawful Client Data into inpliance with these Terms and applicable law;
4. temporarily or permanently remove the unlawful Client Data from the Web Site or Account, restrict access to it or delete it.

If Supplier is presented convincing evidence that the Client Data is not unlawful, Supplier may, at its sole discretion, restore such Client Data, which was removed from the Web Site or Account or access to which was restricted.

In addition, in the event Supplier believes in its sole discretion Client Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such Client Data at any time with or without notice.

Without limiting the generality of the preceding sentence, Tekninja Inc inplies with the Digital Millennium Copyright Act, and will remove Client Data from the Platform upon receipt of a inpliant takedown notice.

Tekninja OÜ as the data processor will assist the Client as the data controller in meeting the Client’s obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679.

7.4 inpelled Disclosure

Supplier may disclose a Client’s confidential information to the extent inpelled by law to do so. In such instance, Supplier will use inmercially reasonable efforts to provide Client with prior notice of the inpelled disclosure (to the extent legally permitted) and Client shall provide reasonable assistance, at its cost, if Client wishes to contest the disclosure. If Supplier is inpelled by law to disclose Client’s confidential information as part of a civil proceeding to which Supplier is a party, and Client is not contesting the disclosure, Client will reimburse Supplier for its reasonable cost of inpiling and providing secure access to that confidential information.

8. Services 8.1 Use of the Tekninja Services

Subject to these Terms, and the payment of the applicable service Fee, Supplier grants Client and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the Tekninja Services to:

1. collect, store and organize Client Data, such as add new Persons and Organizations, create Pipelines and add Stages into these Pipelines, generate reports based on Client Data, add Deals into Stages and monitor their evolvement through the next Stages, add Products to be offered for sale to Persons and Organizations; add new Users and grant them Authorizations, assign Activities to a particular User;
2. modify and delete Client Data;
3. customize the standard Features or functionality of the Tekninja Services;
4. receive reasonable help and guidance and from Supplier regarding the use of the Tekninja Services.

If Supplier determines Client usage of the Services to be outside of the permitted and intended use as outlined herein, or bandwidth usage of the Service or any Features or functionality to be significantly excessive in relation to other Users, Supplier reserves the right to suspend respective Client Account, (or part thereof) until Client assures Supplier that Client shall refrain from further abuse of the Services.

8.2 Technical Support.

Supplier shall provide reasonable technical support to Client and its authorized User at the reasonable request of the Client. Supplier shall respond to enquiries of support from a Client utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Clients and Users who have accepted these Terms but do not have an Account may be less expedient, or may not occur at all.

The contacts for all enquiries of support are:

1. instant messaging,
2. built-in notification application on the Web Page, or

Notwithstanding the foregoing, if you purchased access to the Tekninja Services from a Reseller, then first-line technical support will be provided by the Reseller and not by the Supplier.