Welcome to MyKampaign.com! It is the official portal for using the
Camp Platform. We start every new subscriber relationship with a simple contract.
The following contract spells out what you can expect from us, and what we
expect from you. If you agree to what you read below, you should click
"Yes" at the end of the contract to acknowledge that you have agreed.
We intend this to be the legal equivalent of your signature on a written
contract, and equally binding. Only by clicking "Yes" and paying the
appropriate subscription fees, will you be able to access and use the campaign
automation platform facilities available on this Website.
2. Definitions
a. "Affiliate" includes each and any of Your
subsidiaries or holding companies and each and any subsidiary of your holding
companies.
b. "Customer Data" means any data, information or material
provided or submitted by You to the Platform / Service in the course of using
the Service.
c. "Malicious Code" means viruses, worms, time bombs,
Trojan horses and other harmful or malicious code, files, scripts, agents or
programs.
d. "Order Form" means Our ordering documents and
online forms for purchases of our modules and services.
e. "Purchased Modules or Services" means Modules or Services
that You purchase under an Order Form, other than those provided by Us during a
demonstration or trial.
f. "Platform" means the online, web-based application provided
by Us via our Website, under our brand name Camp, that is registered or
unregistered Trademark of Augplat Technologies Pvt Ltd, including any associated
offline components but excluding Third Party Applications.
g. "Services" means the online, Web-based application
provided by Us via our Website including any associated offline components but
excluding Third Party Applications.
h. "Modules" means a part of the online web-based application
platform provided by Us via our Website including any associated online
components but excluding Third Party Applications.
i. "Third Party Applications" means any software or applications
that are used in connection with the Modules or Services that are not owned by
Us.
j. "User" means a person who is authorized by You to
use the Platform Modules or Services, for whom a subscription to a Service has
been purchased, and/or who has been supplied a user identification and password
by You (or by Us at Your request). Users may include but are not limited to
Your employees, consultants, contractors and agents.
k. "Website" means http://www.mykampaign.com and/or other domain
names we designate from time to time.
l. "We," "Us" or "Our" means the Augplat
company described in Section 14 (Who You Are Contracting With, Notices,
Governing Law and Jurisdiction).
k. "You" or "Your" means the person, firm,
company or other legal entity for which you are accepting this Agreement, and
Affiliates of that company or entity.
Your access to the platform and its various facilities, modules
or services depends on the level of access you select. We reserve the right to
modify, suspend or terminate access to the service on our platform at any time
for any reason without notice or refund, including the right to require you to
change your login identification code or password. We also reserve the right to
delete all program and data files associated with your account and/or other
information you have on our system, by keeping a backup of all your data. It is
your responsibility to take data backups from time to time or request for
services to backup of your data.
a. Provision of Purchased Modules & Services. We shall make
the Purchased Modules and Services available to You in accordance with this
Agreement during a subscription term.
b. User Subscriptions. (i) Platform Modules or Services are
purchased as User subscriptions and may be accessed by no more than the
specified number of Users, (ii) additional User subscriptions may be added
during the subscription term at the same pricing as that for the pre-existing
subscriptions, pro-rated for the remainder of the subscription term in effect
at the time the additional User subscriptions are added, and (iii) the added
User subscriptions shall terminate on the same date as the pre-existing
subscriptions. User subscriptions are for designated Users and cannot be shared
or used by more than one User but may be reassigned to new Users replacing
former Users who no longer require ongoing use of the Modules or Services.
c. Our Responsibilities. We shall: (i) provide to You basic
support for the Purchased Modules or Services at no additional charge, and/or
upgraded support if purchased separately, (ii) provide the Purchased Modules or
Services available 24 hours a day, 7 days a week, except for: (a) planned
downtime (of which We shall give reasonable notice on our Website and which We
shall schedule to the extent practicable during non-business hours (in India)
(b) any unavailability caused by circumstances beyond Our reasonable control,
including without limitation, acts of God, acts of government, flood, fire,
earthquakes, civil unrest, acts of terror, strikes or other labor problems
(other than those involving Our employees), or utility or Internet service
provider failures or delays, and (iii) provide the Purchased Modules or
Services only in accordance with applicable laws and government regulations.
d. Your Responsibilities. You shall (i) be responsible for
Users" compliance with this Agreement, (ii) use commercially reasonable efforts
to prevent unauthorized access to or use of the Modules or Services, and notify
Us promptly of any such unauthorized access or use, and (iii) use the Modules
or Services only in accordance with all applicable laws and government
regulations, including but not limited to Can-Spam and GDPR. You shall not (a)
make the Modules or Services available to anyone other than Users, (b) sell,
resell, rent or lease the Modules or Services bought for one entity to other
entities or affiliates, (c) knowingly use the Modules or Services to store or
transmit infringing, libelous, or otherwise unlawful or tortuous material, or
to store or transmit material in violation of third-party privacy rights, (d)
knowingly use the Modules or Services to store or transmit Malicious Code, (e)
interfere with or disrupt the integrity or performance of the Modules or
Services or third-party data accessible using the Services, or (f) attempt to
gain unauthorized access to the Modules or Services, Our Website or their
related systems or networks.
c. Usage Limitations. Modules or Services may be subject to
other limitations, such as, for example, limits on storage space or the number
of emails sent using the platform. Any such limitations are specified in the
Order Form. Platform provides real-time information to enable You to monitor
Your compliance with such limitations.
Depending on the Modules and Services chosen, we have available
at any one time, we may charge you a standard monthly fee for using our system
as well as additional fees depending on any add-on modules or services you have
selected. You should review the complete and current price list before signing
up for any modules or services. You will be given the opportunity to pay by credit
card or by check when you sign up. You can cancel your account at any time, but
you will remain liable for all charges accrued up to that time, including full
monthly charges for the month for which you discontinued service. We reserve
the right to change our fees at any time for any reason, but, whenever
possible, we will give you at least one month's advance notice of such change.
Payment. All fees are collected in advance for a subscription
term. Renewal of subscription will be done by making the payments before the
expiry of the said subscription term. Failure of renewal on time will lead to
platform non-availability to your users. A non-renewal for more than 30 days
will allow us to purge any data and to de-provision the platform instance
provided to you.
Taxes. Unless otherwise stated, Our fees do not include any
taxes, levies, duties or similar governmental assessments of any nature,
including but not limited to Goods and Services, Value-Added, Sales, Use or
Withholding taxes, assessable by any local, state, provincial, federal or
foreign jurisdiction (collectively, " Taxes"). You are responsible
for paying all Taxes associated with Your purchases. If We have the legal
obligation to pay or collect Taxes for which You are responsible under this paragraph,
the appropriate amount shall be invoiced to and paid by You, unless You provide
Us with a valid tax exemption certificate authorized by the appropriate taxing
authority.
You agree to be bound by certain rules that are important for
the proper use of this platform. Your failure to follow these rules, whether
listed below in the contract or in bulletins posted at various points in the website,
may result in termination of your service. First, do not tell others your
password or let your account be used by anyone except yourself. Second, do not
attempt to log in more than once at the same time, using a same user id, on any
given account without specific permission. Third, do not use our platform to
commit a crime, or to plan, encourage or help others commit a crime, including
crimes relating to computers.
Your communications on this platform are, in most cases, viewed
only by you and anyone to whom you address your message. However, as system
operators, we may need to review or monitor your communications from time to
time.
PRIVACY STATEMENT: Augplat Technologies Pvt Limited
("Augplat") is committed to maintaining and protecting your privacy.
This commitment is based on the following principles.
Augplat will request you to provide and maintain the minimum
amount of information required for us to provide our platform services to you. Augplat
will never sell or pass on data provided by you about yourself or your company to
a 3rd party.
Augplat complies with the ITA Framework as set forth by the
Government of India, and U.S.-EU Safe Harbor Framework as set forth by the U.S.
Department of Commerce regarding the collection, use, and retention of personal
information. Augplat adheres to the Safe Harbor Privacy Principles of notice,
choice, onward transfer, security, data integrity, access, and enforcement. To learn
more about the Indian IT Act 2008, please visit here.
The platform is provisioned with facilities to comply with
regulations (read as Can-SPAM, GDPR, ITA), and it is for You to adhere to these
frameworks. Augplat recommends that your staff are trained by you on compliance
related matters and adhere strictly while using the platform. Augplat does not
accept any damages and/or indemnities, and does not take any responsibilities
for consequences that arise due to your staff not following the compliance
regulations.
If you have questions or concerns regarding this statement, you
should contact Augplat administrator by email at support@augplat.com. We
reserve the right to change this Statement and will provide notification of the
change at least thirty (30) business days prior to the change taking effect.
SECURITY STATEMENT: Augplat implements some of the most advanced
technology for Internet security available. Secure Socket Layer (SSL)
technology protects your information using both server authentication and data
encryption, ensuring that your data is safe, secure, and available only to
registered users in your organization. Your data is completely inaccessible to
your competitors. Augplat provides each user in your organization with a unique
user name and password that must be entered each time a user logs on. Augplat
issues a session "cookie" only to record encrypted authentication
information for the duration of a specific session. The session
"cookie" does not include either the username or password of the
user. Augplat does not use "cookies" to store other confidential user
and session information, but instead implements more advanced security methods
based on dynamic data and encoded session IDs. Augplat is hosted in a
physically secure server environment that uses a firewall and other advanced
technology to prevent interference or access from outside intruders.
CUSTOMER DATA AND YOUR OBLIGATIONS: Augplat or its employees
will not view, edit, export the data (Customer, Prospect, Lead or any other
data) you uploaded in the platform. Your data belongs to you only.
a. General. You are solely responsible for the accuracy and
content of all Customer Data. You represent and warrant to Augplat that (i) you
have sufficient rights in the Customer Data to authorize Camp to process,
segment, and communicate to the Customer Data as contemplated by this Agreement
and the Documentation, (ii) the Customer Data and its use hereunder will not
violate or infringe the rights of any third party, and (iii) your use of Camp
Online and all Customer Data is at all times compliant with your privacy
policies and all applicable local, state, federal and international laws,
regulations and conventions, including without limitation those related to data
privacy, international communications and the exportation of technical or
personal data.
b. Health Information. You will not upload to Camp Online or
publish thereon any patient, medical or other protected health information
regulated by HIPAA or any similar federal or state laws, rules or regulations
("Health Information") and acknowledges that Augplat is not a Business
Associate and that Camp Online is not HIPAA compliant. "HIPAA" means the Health
Insurance Portability Act, as amended and supplemented. Augplat shall have no
liability under this Agreement for Health Information, notwithstanding anything
to the contrary herein.
c. Payment Card Data. You will not upload to Camp Online or
publish thereon any payment card information. You acknowledge that Camp Online
is not compliant with the Payment Card Industry Data Security Standards.
d. Rights in Customer Data. As between the parties, you shall
retain all right, title and interest (including any and all intellectual
property rights) in and to your Customer Data as published on Camp Online.
Subject to the terms of this Agreement, you hereby grant to operate your
Customer Data in the Camp platform, in accordance with this Agreement and the
Documentation.
2.4 Storage of Customer Data. Augplat does not provide an
archiving service. Augplat agrees it shall not intentionally delete any
Customer Data from Camp Online prior to termination or expiration of Customer"s
applicable subscription. Except as otherwise set forth herein, Augplat
expressly disclaims all other obligations with respect to storage of Customer
Data. Augplat recommends customers to archive, make copies, backup using their
teams or agencies.
CONFIDENTIALITY STATEMENT:
Definition of
Confidential Information: For the purposes of this Agreement,
"Confidential Information" means all confidential information
disclosed by a party ("Disclosing Party") to the other party
("Receiving Party"), whether orally or in writing, that is designated
as confidential or that reasonably should be understood to be confidential
given the nature of the information and the circumstances of disclosure. Your
Confidential Information shall include Customer Data; Our Confidential
Information shall include the Platform Modules or Services; and Confidential
Information of each party shall include the terms and conditions of this
Agreement, as well as business and marketing plans, technology and technical
information, product plans and designs, and business processes disclosed by the
Disclosing Party. However, Confidential Information (other than Your Data)
shall not include any information that (i) is or becomes generally known to the
public without breach of any obligation owed to the Disclosing Party, (ii) was
known to the Receiving Party prior to its disclosure by the Disclosing Party
without breach of any obligation owed to the Disclosing Party, (iii) is
received from a third party without breach of any obligation owed to the
Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of
Confidential Information: Except as otherwise permitted in writing by the
Disclosing Party, (i) the Receiving Party shall use the same degree of care
that it uses to protect the confidentiality of its own confidential information
of like kind (but in no event less than reasonable care) not to disclose or use
any Confidential Information of the Disclosing Party for any purpose outside
the scope of this Agreement, and (ii) the Receiving Party shall limit access to
Confidential Information of the Disclosing Party to those of its employees,
contractors and agents who need such access for purposes consistent with this
Agreement and who have signed confidentiality agreements with the Receiving
Party containing protections no less stringent than those set out in this
Agreement.
Protection of
Customer Data: Without limiting the above, We shall
maintain appropriate administrative, physical, and technical safeguards for
protection of the security, confidentiality and integrity of Customer Data. We
shall not (a) modify Customer Data, (b) disclose Customer Data except as
compelled by law in accordance with Section below (Compelled Disclosure) or as
expressly permitted by You, or (c) access Customer Data except to provide the
Services or prevent or address service or technical problems, or at Your
request in connection with customer support matters.
Compelled
Disclosure. The Receiving Party may disclose Confidential Information of the
Disclosing Party if it is compelled by law to do so, provided the Receiving
Party gives the Disclosing Party prior notice of such compelled disclosure (to
the extent legally permitted) and reasonable assistance, at the Disclosing
Party's cost, if the Disclosing Party wishes to contest the disclosure. If the
Receiving Party is compelled by law to disclose the Disclosing Party‟s Confidential Information as part of a civil
proceeding to which the Disclosing Party is a party, and the Disclosing Party
is not contesting the disclosure, the Disclosing Party will reimburse the
Receiving Party for its reasonable cost of compiling and providing secure
access to such Confidential Information.
"
Your use of our system affords you access to many of the
features of our system, but some aspects of our system remain within our
exclusive proprietary control. We or our suppliers own the intellectual
property rights to any and all protectable components of our system, including
but not limited to the computer software, the related documentation, the
end-user interfaces, the name of our system, many of the individual features,
and the collective works consisting of sequences of all public messages on our
system. You may not reproduce any sequence of messages from our system, either
electronically or in print, without our permission. In addition; you may not
copy, modify, adapt, reproduce, translate, distribute, reverse engineer,
decompile or dissemble any aspect of the system that we or our suppliers own.
a. Reservation of Rights. Subject to the limited rights expressly
granted hereunder, We reserve all rights, title and
interest in and to the Platform and its Services, including all related
intellectual property rights. No rights are granted to You other than as
expressly set forth in the Agreement. Notwithstanding anything to the contrary
contained herein, except for the limited access and use rights expressly
provided herein, Augplat retains all right, title and interest (including,
without limitation, all patent, copyright, trade secret and other intellectual
property rights) in and to Camp Online, the Documentation, the Third Party
Code, any other Augplat deliverables and any and all related and underlying
software (including interfaces), databases (including data models, structures,
and any other non-customer specific data and statistical data), technology,
reports, documentation, as well as any related process or methodology provided
or used by Augplat, and with respect to each of the foregoing, any copies,
modifications, improvements, derivative works, or enhancements thereto however
developed or provided (including any which incorporate any of your ideas
Feedback or suggestions)(collectively, "Augplat Technology"). You acknowledge
that you are obtaining only a limited right to access and use Camp Online on a
hosted basis and that irrespective of any use of the words "purchase", "sale",
"sublicense" or like terms hereunder no ownership rights are being conveyed to
you under this Agreement or otherwise, and further acknowledge that nothing
contained in this Agreement shall be construed to convey to you ownership of
any intellectual property rights in or to any Augplat Technology or any related
methodologies or processes.
b. Restrictions. You shall not (i) permit any third party to
access the Platform Modules or Services except as permitted in the Agreement,
(ii) create derivate works based on the platform, (iii) copy, frame or mirror
any part or content of the Services, other than copying or framing on Your own
intranets or otherwise for Your own internal business purposes, (iv) reverse
engineer the Platform, or (v) access the Platform in order to (a) build a
competitive product or service, or (b) copy any features, functions or graphics
of the Platform.
c. Ownership of Your Data. As between Us and You, You exclusively own all rights, title and interest in and to
all of the Customer Data. You shall have sole responsibility for the accuracy,
quality, integrity, legality, reliability, appropriateness, and intellectual
property ownership or right to use of all Customer Data, and We shall not be
responsible or liable for the deletion, correction, destruction, damage, loss
or failure to store any Customer Data. Augplat advises you to back-up your data
or request for a back-up on a periodic basis.
d. Third-Party Code. Camp Online may contain or be provided with
components which are licensed from third parties ("Third Party Code"),
including components subject to the terms and conditions of "open source"
software licenses ("Open Source Software"). Open Source Software may be
identified in the Documentation, or in a list of the Open Source Software
provided in the IPR records. To the extent required by the license that
accompanies the Open Source Software, the terms of such license will apply in
lieu of the terms of this Agreement with respect to such Open Source Software,
including, without limitation, any provisions governing access to source code,
modification or reverse engineering.
d. Suggestions. We shall have a royalty-free, worldwide,
transferable, sub-licensable, irrevocable, perpetual license to use or
incorporate into the Platform any suggestions, enhancement requests,
recommendations or other feedback provided by You, and Your Users, relating to
the operation of the Platform Services.
You must bear the risk of any liability relating to your use of
our platform. We would not be able to afford to operate this platform if we
were held accountable for every wrongful action by every online subscriber.
ACCORDINGLY, YOUR USE OF THE ONLINE PLATFORM IS ENTIRELY AT YOUR
SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU
MAY INCUR IN CONNECTION WITH OUR PLATFORM USAGE, YOUR USE THEREOF OR ANY OF THE
DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR PLATFORM,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and
against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs and expenses (including reasonable attorneys' fees), relating to
any acts by you or materials or information transmitted by you in connection with
our platform, leading wholly or partially to claims against us or our platform
by other subscribers or third parties, regardless of the type of claim or the
nature of the cause of action.
THE PLATFORM IS PROVIDED "AS IS" AND WE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY,
CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN
ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF
ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
You agree that this Agreement shall for all purposes be governed
by and construed in accordance with the laws of Karnataka, INDIA, and that any
action arising out of this Agreement shall be litigated and enforced under the
laws of Karnataka, INDIA. In addition, you agree to submit to the jurisdiction
of the courts of Bangalore, Karnataka, India, and that any legal action pursued
by you shall be within the exclusive jurisdiction of the courts of the Bangalore,
INDIA.
This Agreement represents the entire understanding between you
and us regarding your relationship to Online and supersedes any prior
statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS
ONLINE SUBSCRIBER AGREEMENT, please click the "Yes" button below. If
you do not agree to the terms of the Subscriber Agreement, please click the
"No" button to log off the platform.