Camp Online Subscription Agreement

1. Introduction 

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.

3. Access and Services

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.

4. Fees and Payment

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.

5. System Rules

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.

6. Privacy & Data Security

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.

 

7. Proprietary Rights

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.

8. Limitation of Liability

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.

9. Indemnity

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.

10. Disclaimers of Warranty

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.

10. Choice of Law

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.

11. Acknowledgement

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.