The Terms and Conditions of Service Agreement (“Agreement”) is entered on today’s date (“the Effective Date”) by and between Zifova Solutions Private Limited., doing business as ExactVerify with its principal place of business at No 65/56D Station Road, Radha Nagar, Chromepet, Chennai 600044, India (“ExactVerify” or “Provider”), and you (“Customer”). In this Agreement, the terms "Party" and "Parties" are used to refer to both each individual Party and the Parties as a whole.
Customer agrees that no title to the intellectual property in the Services is transferred to Customer. Title, Ownership and intellectual property rights in and to the Services shall remain with ExactVerify. The Services are protected by the intellectual property laws of India.
In the course of performing this Agreement, the Customer may have access to certain proprietary information and trade secrets of each other (collectively, the “Confidential Information”). The Customer agrees that the terms of this Agreement are part of the Confidential Information. Except as required or anticipated in the performance of their obligations hereunder or to comply with applicable law, neither party may, during or after the Term of this Agreement, use, disclose, or otherwise grant any person or entity access to any of the Confidential Information of the other party.
Each party is aware that they are not permitted to sell, licence, or otherwise exploit any components of the ExactVerify service (collectively, "Products or Services") that embodies in whole or in part of any Confidential Information of the other party, except as set forth hereunder. Customer acknowledges that the Provider Technology, Content and the ExactVerify Service contain valuable trade secrets and confidential information (“Confidential Information”) of Provider, including but not limited to the architecture and functionality of such Provider Technology, Content, and the ExactVerify Service; and the website appearance, organization, software design, content and flow of the ExactVerify Service. Customer acknowledges that they won't discuss, divulge, or transfer any of the provider's confidential information, and they won't allow anyone else to do so either. The Parties will take all necessary precautions to prevent the unauthorised disclosure, duplication, or distribution and reproduction of such Confidential Information to any other person, business, corporation or entity. In no event will the Parties take less care than the degree of care that the Parties will use with respect to their Confidential Information.
Provider’s Privacy Policy is available on the website. Provider may modify its Privacy Policy in its reasonable discretion from time to time, with or without any notice to Customer.
A Party may immediately terminate this Agreement for any reason or no reason at all. Customer may terminate this Agreement at any time by discontinuing its use of the ExactVerify Service. Any breach of Customer’s payment obligations or unauthorized use of the ExactVerify Service will be deemed a material breach of this Agreement. Provider may terminate this Agreement, Customer’s account, or Customer’s use of the ExactVerify’s Service if, in Provider’s sole discretion, Customer commits a material breach of this Agreement or otherwise fails to comply with this Agreement. If this agreement is terminated, the customer will not be eligible for any kind of refund and all credits associated with the account will be lost.
No joint venture, partnership, employment or agency relationship exists between Customer and Provider as a result of this Agreement.
The representations and warranties provided in this Agreement are Provider’s complete representations and warranties. Provider disclaims all other representations, warranties and guarantees of any kind, except as provided herein, the ExactVerify service is provided on an “as is”, “as available” basis without any warranties of any kind, either express or implied, including, but not limited to warranties as to title or infringement or third party rights, any implied warranties for a particular purpose. Provider does not and cannot warrant the performance or results customer may obtain by using the ExactVerify Service. Provider does not warrant that access to or use of the ExactVerify service will be uninterrupted or error-free. Provider expressly disclaims any indemnification for any claims or actions brought against Customer based on, or as a result of, or in connection with any Inaccuracy, defect or mistake in the ExactVerify service or Customer’s use thereof.
Customer consents to being identified by Provider as a customer on the Site on any of Provider’s marketing material. Customer further consents to Provider’s use of its logo for such purposes with limitations.
All purchases for email validation credits made to ExactVerify Service are final and non-refundable, including prepayments to ExactVerify. If you wish to cancel your plan, simply log in to your account and follow the cancellation process. Please email support@exactverify.com to reach our support staff if you need any assistance.
In the event of an unforeseen issue, we will assess each request and offer a refund based on our policy, at our sole discretion. Any modifications to our refund and cancellation policies will be changed from time to time.
By submitting any credit card information, the Customer acknowledges that the Provider has permission to use the card and also gives the Provider permission to charge any costs to the card. By providing payment details, the customer gives the provider permission to share such details with third parties to process payment for the ExactVerify service. The customer agrees to verify any information asked by the Provider to recognize or complete payment. The card issuer must authorize every payment made with a credit or charge card. The provider will cancel the purchase (and let you know that we did so) if the customer's payment is not approved.
This Agreement contains the entire understanding between the parties, and all prior or contemporaneous promises, representations, agreements or understandings are expressly merged herein and superseded hereby. This Agreement shall not be modified, altered, amended or revoked except as set forth herein and in writing, duly executed by both Parties.
Last updated at Nov 6, 2023