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Privacy Policy

Effective Date: 01-Aug-2020

1. INTRODUCTION

WEBWARE TECH Kft. hereinafter referred as WEBWARE TECH ("us", "we", or "our") operates https://meetforslack.com/ (the "Site") and has issued this Global Data Protection and Privacy Policy (“Policy”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. Please read the entire Policy carefully it forms a contract between You (“Customer”) and Us.This Policy will apply where We are Controllers or Processors of personal data. This policy is applicable to Our Products (web platform, mobile applications, API based clients) and to Our public Site https://meetforslack.com/We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy. If you are in any doubt regarding the applicable standards, or have any comments or questions about this Policy, please contact us at the contact details provided under this Policy.

2. APPLICABILITY

This Policy applies to all the Customers who are (i) entities or individuals, including End-Users and Users, who have subscribed to our Service(s) and have agreed to the Terms and (ii) individuals (“Individuals”) from whom We collect data as a Controller.

3. DEFINITIONS

The capitalized terms used in this Policy but not defined herein shall have the same meaning as defined in the Terms of Service available on our Site.

4. THE INFORMATION WE COLLECT

We may require basic information which identifies you as an individual (“Personal Information”), such as your name, email address and phone number, in order to transact business with you, on behalf of the company you work for, as our customer. We will only use such Personal Information for the purposes of providing information which you have requested, fulfilling business transactions, or for other purposes set out in this Policy.We may also collect Personal Information indirectly from third parties, such as our business partners, or members of your Community.We may collect the following information, depending on the SaaS application being used:

  • Name: first name and last name

  • Job title or description

  • Company or organization name

  • Company address, including country

  • Contact information including email address and telephone number(s)

  • User names (account alias) and passwords according to the SaaS product specifications to allow users to log in and use the SaaS product

  • Time zone and date/time preferences for SaaS product usage

  • IT information required to provide access to systems and networks such as IP addresses, log files and login information, encryption generation keys

  • Information pertinent to fulfilling business transactions on a customer’s behalf, such as files uploaded by a user to a SaaS product to be processed by the application’s functionality, system-generated emails

  • MetaData, such as logs, for usage information and activity logs, with identifying characteristics such as creator or author of a transaction, names of individuals who have accessed or downloaded file(s), the time file(s) were accessed or downloaded, IP addresses of users.

  • SaaS product administration activity such as adding and deactivating users, management of the generation of encryption keys

We do not collect sensitive information such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or data concerning health or sexual orientation.

4.1 Cookies

Cookies are small text files that your browser stores on your computer hard drive that enable a site to remember you or your preferences; cookies cannot access, read, or modify any other data on a computer. Through your browser settings, you may be able to manage your cookie settings. We use cookies for advertising and analytics purposes, such as to identify returning business visitors and show them customized content, for more details, refer to the Cookies Policy.

5. PURPOSES FOR PROCESSING PERSONAL INFORMATION

Cookies are small text files that your browser stores on your computer hard drive that enable a site to remember you or your preferences; cookies cannot access, read, or modify any other data on a computer. Through your browser settings, you may be able to manage your cookie settings. We use cookies for advertising and analytics purposes, such as to identify returning business visitors and show them customized content, for more details, refer to the Cookies Policy.

5.1 Business Transactions with Customers

We process Personal Information through Our global IT systems, which include tools and systems that help us to administer customer accounts, orders and business transactions and share information across Our systems, and with related corporate entities. This includes transferring Personal Information to our servers in the US. Our parent company in Hungary, WEBWARE TECH Kft. may host these servers or utilize third-party servers and applications, but in either case, will be responsible for the security access of Personal Information on the systems.

5.2 SaaS Product

You may provide Personal Information to Us through our “registration” page, by processing orders, or by participating in a Community, in order to use our SaaS product which runs on Our SaaS platform:

ServiceWebsite
Meet for Slackhttps://meetforslack.com/

We may make use of Personal Information that we collect to help us administer the SaaS products and platforms:

  • To analyze system usage to help maintain the operational system

  • To enable you to access customer support portals or to provide customer support services to you

  • To optimize system operation based on usage and enable future product development and improvements

  • To enable our compliance with export control and other laws and regulations

The Internet is a global environment and using the Internet to collect and process data can involve the transmission of data on an international basis. By using our SaaS products and communicating electronically through the SaaS products, you acknowledge our processing of data in this way.The SaaS product allows users to send documents and communicate with other users. We are not responsible for the data protection or privacy practices or the content of other users’ sites. When your communications leave our platforms, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this Policy. You should review the data protection and privacy statements applicable to such sites.Our SaaS product uses cookies. Most browsers allow you to turn off cookies or to receive a warning before a cookie is stored on your hard drive. Find out more about our cookies in our Cookie Policy.The product uses the /auth/calendar.events scope by Google to create a Calendar event on behalf of users. We do not modify, delete, collect or share any other existing Google Calendar events from the user's Calendar. We also do not store any information regarding the user's Calendar and events in our product.Furthermore, the product also uses OpenAI for analytical processing of user input text to facilitate the creation of actionable calendar events via Google's Calendar API, where applicable. By utilizing our Service, users hereby acknowledge and agree to adhere to OpenAI's terms and conditions. WEBWARE TECH shall bear no liability for any disputes, claims, losses, or damages arising from or related to OpenAI's service, including but not limited to, any inaccuracies in the results provided by OpenAI. Users are advised to exercise caution and refrain from inputting sensitive information to mitigate the risk of unauthorized data sharing with OpenAI. The management of data through Google's Calendar API shall remain governed by Google's terms of service and privacy policy.If you do not wish us to make use of your Personal Information in this way, please email hello@meetforslack.com

5.3 Other legitimate business purposes

We may also collect and use Personal Information when it is necessary for other legitimate purposes, such as to help us conduct our business more effectively and efficiently, for example, for general IT resourcing on a global level and information security/management.

5.4 Legal purposes

We also may use your personal information where we consider it necessary for complying with laws and regulations, or to exercise or defend the legal rights of the WEBWARE TECH.

6. WHO WE SHARE YOUR PERSONAL INFORMATION WITH

6.1 Within WEBWARE TECH

Employees, contractors and agents of WEBWARE TECH may be given access to Personal Information which we collect, but their use will be limited to the performance of their duties and the reason for processing. Our employees, contractors and agents who have access to your Personal Information are required to keep that information confidential and are not permitted to use it for any other purposes. Personal Information may be shared among related entities within WEBWARE TECH.

6.2 Business Partners and Service Providers

We will never sell, rent or disclose to unaffiliated third parties your Personal Information unless we have your permission or are required by law to do so. When we permit a third party to access Personal Information, we will implement appropriate measures to ensure the information is used in a manner consistent with this Policy and that the security and confidentiality of the information are maintained.
We disclose the Personal Information We collect, to the following third parties:

  • Business partners for the purposes of providing services, support and products to customers

  • Third parties where disclosure is required or authorized by law

  • Service Providers who provide business services to us. We do so on a "need to know basis" and in accordance with applicable data privacy law.

6.3 Lawful Grounds

We may disclose Personal Information to third parties on other lawful grounds, including:

  • To comply with our legal obligations, regulation or contract, or to respond to an administrative or judicial process

  • In response to lawful requests by public authorities (including for national security or law enforcement purposes)

  • If necessary to exercise or defend against potential, threatened or actual litigation

  • If necessary to protect the vital interests of another person

  • In connection with the sale, assignment or other transfer of all or part of our business, or

  • With your consent.

7. YOUR CONTROL OF YOUR PERSONAL INFORMATION

You can request correction, update and deletion of your Personal Information via e-mail sent to hello@meetforslack.com, and we will use reasonable efforts to contact you regarding your request. To update or delete your Personal Information or correct an inaccuracy, we may ask you to verify your identity and cooperate with us in our effort.

8. PROCESSING YOUR PERSONAL INFORMATION

8.1 How do We Process

For purposes of the GDPR and the Swiss Federal Act on Data Protection, we are the Processor when we process Personal Information as per your instructions. We are the Controller of Personal Information when we process Personal Information for improving our Service(s) as expressly permitted by you according to this Policy. Personal Information includes all electronic data, text, messages or other materials, including Personal Data of Users and End-Users, submitted to the Service(s) by you through your Account in connection with your use of the Service(s), including data collected and mentioned under Section 4 of this Policy.If you are an EEA or Switzerland-based customer, then you are responsible for compliance with the applicable data protection law where you are the “controllers”. In your role as a controller, you are authorizing, on behalf of you and your authorized agents and End-Users, and representing that you have the authority to provide such authorization to the processing and transfer of Personal Information in and to the United States and other countries which may have different privacy laws from your or their country of residence. As the controller, it shall be your responsibility to inform the End-Users about the processing, and, where required, obtain necessary consent or authorization for any Personal Information that is collected as part of the Personal Information through your use of the Service(s). We will take all steps reasonably necessary to ensure that the Personal Information is treated securely and in accordance with this Policy. We will work with you to help you provide Policy to your customers concerning the purpose for which Personal Information is processed by Us.As the processor of Personal Information on your behalf, we follow your instructions with respect to the Personal Information to the extent consistent with the functionality of our Service(s). We implement technical, physical and administrative measures against unauthorized processing of such information and against loss, destruction of, or damage to, Personal Information. Except as expressly permitted by you under this Policy, we do not own, control or direct the use of Personal Information, and only access such information as reasonably necessary to provide the Service(s) (including to respond to support requests), as otherwise authorized by you or as required by law. Unless we explicitly agree otherwise in writing, you will not process any sensitive Personal Information on our platform.

8.2 Transfer of Personal Information

As we operate at a global level, we may need to transfer Personal Information to countries other than the ones in which the information was originally collected. When we export your personal information to a different country, we will take steps to ensure that such data exports comply with applicable laws.

8.3 Privacy Rights

If you are a resident of the European Union, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. You can exercise these rights by contacting us using the contact details provided in this Policy.You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

9. DATA RETENTION

Personal Information is retained and deleted in accordance with the Terms of Service as provided on our Site. If you wish to request that we no longer use your Collected Data, please contact us at hello@webware.tech. Personal Information will be retained no longer than necessary in relation to the business purposes for which such Personal Information is provided and to fulfill legal requirements.

10. SECURITY

We are committed to ensuring that your information is secure. We have put in place appropriate technical, physical and administrative procedures to safeguard and secure the information we collect in order to prevent unauthorized access or disclosure.

11. UPDATES TO THIS NOTICE

WEBWARE TECH reserves the right, in its discretion, to make changes to any part of the SaaS products, platforms or this Policy. WEBWARE TECH may change this Policy from time to time by updating this page. You should check this page from time to time to ensure that you are aware of any changes. This Policy is effective from 01-Aug-2020. By continuing to use the SaaS products and services, you consent to this Policy as amended.

12. CONTACT INFORMATION

If you have any questions about this Policy, or wish to make a complaint about our data handling practices, you may contact: hello@meetforslack.comWe will investigate any complaints received in writing and do our best to resolve them with you as soon as possible.

Terms and Conditions

Effective Date: 01-Aug-2023

Please read these terms of service carefully as they form a contract between You and the SaaS Provider (WEBWARE TECH Kft. Inc hereinafter referred as WEBWARE TECH, ‘we’ ‘us’) and govern use of and access to the Service(s) and Website by You, Your Affiliates, Users and End-Users. In the event of a conflict between these terms of service and our Privacy Policy, these terms of service shall prevail.By accessing or using the service(s) or websites, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You", “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.

ServiceWebsite
Meet for Slackhttps://meetforslack.com/

1. ACCEPTANCE

  1. The following Terms and Conditions, including any other terms and policies referred to in these Terms and Conditions, form the agreement between WEBWARE TECH Kft. (referred to as “WEBWARE TECH”, “we” or “us”) and the user (referred to as “customer” or “you”), who are collectively referred to as the Parties or each a Party, to this “agreement”.

  2. We own, or hold the relevant rights to the Software and will license the use of the Software as a service to the customer.

  3. This agreement sets out the terms upon which WEBWARE TECH has agreed to grant a license to the customer to use the SaaS Services. This agreement is binding on any use of the Services and applies to the customer from the time that We provide the customer with an access and use of the Services from Effective Date.

  4. By accessing and/or using the Services you:

  1. Warrant to us that you have reviewed this agreement, including our Privacy Policy (available on the Site), with your parent or legal guardian (if you are under 18 years of age), and you understand it well;

  2. Warrant to us that you have all the legal capacity to enter into this legally binding agreement with Us or (if you are under 18 years of age) you have obtained your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms and Conditions provided hereunder, on your behalf; and

  3. Agree to use the Services in accordance with the terms as set out under this agreement.

  1. You are required to have attained 18 years of age to create a customer account with us. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create a customer account and/or use the Site, you agree to:

  1. Provide all the required supervision over the Minor’s use of the Site and their account;

  2. Assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their customer account;

  3. Ensure user discretion that the content on the Site is suitable for the Minor;

  4. Ensure all information submitted to us by the Minor is accurate; and

  5. Provide on behalf of the Minor, all the consents, representations and warranties contained in these Terms and Conditions.

  1. By using our Services and subscribing on our Site, you acknowledge that you have read, understood, and accepted this agreement and you have the authority to act on behalf of any person or entity for whom you are using the Services, and you are deemed to have agreed to this agreement on behalf of any entity for whom you use the Services.

  2. If you are a WEBWARE TECH user located in Europe or the United States , accompanying terms GDPR and CCPA sets forth other terms of our agreement that apply solely to the extent any Information you have provided to WEBWARE TECH."

2. DEFINITIONS

  1. “Agreement” - Means the agreement between WEBWARE TECH and the customer for providing Software as a service to the customer, incorporating these terms and conditions (including the Schedules and Addendums) and the Statement of Services, and any amendments to the agreement from time to time.

  2. “Applicable Data Protection Law” - Where you are established in the European Economic Area, means (i) prior to 25th May 2018, the Directive 95/46/EC on the protection of individuals with regard to the Processing of Personal Data and on the free movement of such data and (ii) after 25th May, 2018, the EU Regulation 2016/679 (General Data Protection Regulation) and any applicable national laws made under it; and where you are established in any other territory, means data protection laws that are applicable in that territory.

  3. “Authorised User” means the user(s) permitted to use the SaaS Services and the content, including Data, generated by or the output of, the SaaS Services as a part of the customer’s services to its customers.

  4. “Charges” means the user(s) permitted to use the SaaS Services and the content, including Data, generated by or the output of, the SaaS Services as a part of the customer’s services to its customers.

  5. “Customer” means the meaning accorded to it under Clause 1 of Acceptance.

  6. “Confidential Information” includes information or documentation, in any form, which:

  1. Is disclosed to the recipient in connection with this agreement (whether before or after the Effective Date);

  2. Is prepared or produced under or in connection with this agreement (whether before or after the Effective Date); or

  3. Relates to:

  1. The business, assets or affairs of WEBWARE TECH or any of its affiliates;

  2. The subject matter of, the terms of and/or any transactions contemplated under this agreement, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and whether it is disclosed to the recipient or received, acquired, overheard or learnt by the recipient in any way whatsoever.

  1. Notwithstanding anything contained under this agreement, Confidential Information shall not include any information which

  1. was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party;

  2. Is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure;

  1. Is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality;

  2. Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or

  3. Is required by law or under the directions of any court/ authority to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.

  1. “Data” means all of the information, documents and other data provided by the customer or their personnel to WEBWARE TECH, any content uploaded by the customer or personnel to WEBWARE TECH’s System, or otherwise accessed by WEBWARE TECH in providing the Services.

  2. “Effective Date” means the date that the agreement comes into force as specified in the beginning of the agreement;

  3. “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights. It also include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs

  4. “Schedule” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights. It also include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs

  5. “Services” means all the services provided or to be provided by WEBWARE TECH to the customer under the agreement, including the Support Services.

  6. "Support Services" means support and maintenance services provided or to be provided by the provider to the customer.

  7. “Upgrades” means new versions of, and updates to the Services incorporated from time to time, whether for the purpose of fixing an error, bug or other issue in the Services or for enhancing the functionality of the Services.

3. INTERPRETATION

  1. In the agreement, a reference to a statute or statutory provision includes a reference to:

  1. That statute or statutory provision as amended, consolidated and/or reenacted from time to time; and

  2. Any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time.

  1. The Clause headings as provided do not affect the interpretation of the agreement.

  2. There is no intention of using the ejusdem generis rule for the interpretation of the agreement.

  3. In this agreement, unless the context otherwise requires:

  1. The singular includes the plural and vice versa;

  2. A reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this agreement;

  3. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

  4. A reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;

  5. ‘Includes’ and similar words mean includes without limitation;

  6. No clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;

  7. A reference to a party to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by from from time to time;

  8. A reference to this agreement or any other document includes the document, all schedules, all annexures and Addendums as upgraded, novated, amended, supplemented, varied or replaced from time to time.

4. THE PLATFORM

  1. As on the Effective date, WEBWARE TECH will make available a Platform to the customer by way of creating an account for the customer through which the customer can avail the Services by signing in through the customer login details for that account.

  2. Subject to the limitations as set out under this agreement, WEBWARE TECH hereby grants to the customer a non-exclusive license to use the Platform for the Permitted Purpose of availing Services via any standard web browser/ application.

  3. The license granted by WEBWARE TECH to the customer under Clause 2 is subject to the following limitations:

  1. The Platform may only be used by the licensed user to whom WEBWARE TECH will provide customer login details, however, the customer may change the login details under the prescribed procedure;

  2. The Platform can only be used by one customer/ licenced group of customers in accordance with the prescribed procedure from time to time in this regard;

  3. The Platform may only be used by the employees, agents and subcontractors of the customer and:

  1. Where the customer is a company, the customer's officers;

  2. Where the customer is a partnership, the customer's partners; and

  3. Where the customer is a limited liability partnership, the customer's members;

  1. The customer must comply at all times with the terms as set out under this agreement and under any Policy/ Addendum attached thereto.

  1. Except to the extent mandated by applicable law or expressly permitted in the agreement, the license granted by WEBWARE TECH to the customer under this Clause is subject to the following prohibitions:

  1. The customer must not sub-license its right to access and use the Platform or allow any unauthorized person to access or use the Platform;

  2. The customer must not frame or otherwise re-publish or re-distribute the Platform; and

  3. The customer must not alter or adapt or edit the Platform save as expressly permitted by WEBWARE TECH.

  1. For the avoidance of doubt, the customer has no right to access the object code or source code of the Platform, either during or after the Term.

  2. All Intellectual Property Rights in the Platform shall, as between the parties, be the exclusive property of WEBWARE TECH.

  3. The customer shall use all reasonable endeavors to ensure that no unauthorized person will or could access the Platform using the customer's account.

  4. The customer must not use the Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform, or any of the areas of, or services on, the Platform.

  5. The customer must not use the Platform:

  1. The customer must not sub-license its right to access and use the Platform or allow any unauthorized person to access or use the Platform;

  1. In case the customer’s login details are misplaced or are exposed to any unauthorized person, then the customer shall immediately inform about such loss/ leaking of details to WEBWARE TECH.

5. SERVICES

  1. From the Effective Date and during the Term, WEBWARE TECH agrees to provide the Services in accordance with the terms of this agreement.

  2. WEBWARE TECH reserves the right to change or remove features of the SaaS Services from time to time. Where there is any material alteration to the SaaS Services in accordance with this clause, WEBWARE TECH will provide the customer with a notice of twenty (20) days and the customer agrees that any material alteration is at WEBWARE TECH’s discretion.

  3. The Parties agree that the WEBWARE TECH:

  1. Will supply the Services on a non-exclusive basis;

  2. The services provided under this agreement are not defect free and WEBWARE TECH does not take responsibility for any loss to the customer in use of the Services; and

  3. Does not make any warranty or representation as to the ability of the facilities or services of any third-party suppliers; and

  4. Is not liable for any failure in, fault with or degradation of the Services if that failure, fault or degradation is attributable to or caused by any failure of the customer or the facilities or services of any third party.

  1. WEBWARE TECH reserves the right to refuse any request in relation to the Services that it deems inappropriate, unreasonable or illegal.

  2. Customer’s use of the Services- You agree NOT to:

  1. License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms;

  2. Use the Services to Process data on behalf of any third party other than Your Users and End-Users;

  3. Modify, adapt, or hack the Services or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks;

  4. Falsely imply any sponsorship or association with Us;

  5. Modify, adapt, or hack the Services or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks;

  6. Use the Services in any unlawful manner, including but not limited to violation of any person’s privacy rights;

  7. Use the Services to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;

  8. use the Services to store or transmit any content that infringes upon any person’s intellectual property rights;

  9. use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components;

  10. Attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Services;

  11. Use the Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;

  12. Use the Services to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software;

  13. Establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;

  14. Use the Services for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;

  15. Use of the Services for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology;

  16. Try to use, or use the Services in violation of these Terms.

  1. The customer shall assume all the responsibility for any loss of data or attempted or actual access or use of the Services through the customer’s Account in violation of these Terms.

  2. If We inform You or your personnel that a specified activity or purpose is prohibited with respect to the Service, You will ensure that You immediately cease use of the Service for such prohibited activity or purpose.

  3. The customer shall use all reasonable endeavors to ensure that no unauthorized person will or could access the Platform using the customer's account.

  4. Access to Services

  1. You may not be able to access or use the Services:

  1. During planned downtime for upgrades and maintenance to the Service which shall be reasonably notified to you in advance as far as possible, or

  2. during any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest,technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

  1. As far as possible We will use commercially reasonable efforts to schedule the maintenance to Services during weekends and other off-peak hours.

  1. Support Services and Upgrades - During the Term of the Services, WEBWARE TECH will provide the Support Services to the customer, and may apply Upgrades to the Services/Platform, in accordance with the agreement. The customer agrees that We may, at any time, sub-contract the provision of any of the Support Services, without obtaining the consent of the customer.

6. CUSTOMER RESPONSIBILITIES AND OBLIGATIONS

  1. The customer will provide all the required data and materials as required by WEBWARE TECH from time to time for WEBWARE TECH to perform the Services.

  2. At the expense/ risk of the customer, you must:

  1. You may not be able to access or use the Services:

  2. Make all the reasonable efforts on his part to ensure that the integrity of the Data is maintained;

  3. Permit WEBWARE TECH and its personnel/ vendors/ affiliates/ representatives to have reasonable access and permission to process the data/ information provided by the customer in order to make possible, the Services to be provided by WEBWARE TECH under this agreement;

  4. Ensure that the Services provided to you under this agreement are exclusive to you only and not to any unauthorized user.

  1. The customer shall have the sole responsibility as regards the use of the Services provided under this agreement and that the customer shall ensure the Services are NOT used:

  1. to break any Applicable Law or infringe any person’s rights including but not limited to Intellectual Property Rights;

  2. To transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or

  3. In any way that damages, interferes with or interrupts the supply of the Services.

  1. The customer acknowledges and agrees that:

  1. it shall be the responsibility of the customer as regards the usage of Services by any/all of the end users, including its personnel and any authorized users;

  2. The use of the Services will be at the risk of the customer;

  3. It is the responsibility of the customer to maintain the security of its account and password. WEBWARE TECH cannot and will not be liable for any loss or damage from the customer’s failure to comply with this security obligation;

  4. WEBWARE TECH may alter or update the customer’s account logins and passwords and the logins and passwords of any Authorised Users at any time throughout the Term;

  5. The customer shall take the sole responsibility of all the content posted and activity that occurs under their account. This includes content posted by others who have logins or accounts associated with the customer’s account;

  6. The customer will provide all the co-operation and reasonable assistance to WEBWARE TECH for and Upgrades to the Services including but not limited to reconfigurations or interface customizations; and

  7. the WEBWARE TECH shall be at liberty to initiate and available equitable or other remedy against the customer as a result of a breach by the customer or its authorized users, of any provision of this agreement.

  1. WEBWARE TECH has the right (but not the obligation) to suspend access to any of the Services provided under this agreement without liability :

  1. If WEBWARE TECH reasonably believes that the Services are being used in violation of the terms of this agreement or against any applicable statute,

  2. In compliance of any order passed by any governing authority or under the orders of the court.

7. BILLING, PLAN MODIFICATIONS AND PAYMENTS

  1. Subscription Charges: Unless otherwise specified except during your free trial all charges associated with Your Account (“Subscription Charges”) are due in full and payable in advance when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans You choose and are payable in full until You terminate Your Account. You will receive a receipt upon each receipt of payment by Us. You may als obtain a payment receipt from within the Service(s).

  2. Payment methods: You may pay the Subscription Charges through Your credit card, or other accepted payment method as specified in a Form. For credit card payments, Your payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within seven (7) days of our invoice date unless otherwise stated in a Form.

  3. Renewal: Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account Your credit card will be charged automatically for the applicable Subscription Charges.We may use a third party service provider to manage credit card and other payment processing; provided that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by emailing Us at support@webware.tech

  4. Refunds: Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You provided however You shall be eligible for a pro-rated refund of the Subscription Charges for the remainder of the Subscription Term if You terminate Your Account as a result of a material breach of these Terms by Us.

  5. Late Payments/Non-payment of Subscription Charges: We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our notice. For payments through other accepted methods, We must receive payments within a maximum of seven (7) days from the date of Our notice. If We do not receive under prevailing law, We may (i) charge an interest for late payment @ 1.5% per month and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account.

  6. User Benefits: We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer.

8. OWNERSHIP

  1. By agreeing to enter into this agreement the customer irrevocably acknowledges that, subject to the licenses granted herein, the customer has no ownership interest in the Services or the materials provided by WEBWARE TECH to the customer. WEBWARE TECH holds all the rights, titles, and interests in the Services or materials provided by it including but not limited to software, applications, login details and any other material, subject to any limitations associated with intellectual property rights of third parties. WEBWARE TECH reserves all rights not specifically granted herein under this clause.

  2. This clause shall survive post the termination of this agreement.

9. INTELLECTUAL PROPERTY RIGHTS

  1. Ownership of IPR: Except for the rights granted to the You under this agreement, all the title and interest in and to all Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the Websites, Applications and any part of it (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in Our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license to do so from Us or Our licensors. Further, We claim no intellectual property rights over the content You upload or provide to us for the purpose of availing services under this agreement.

  2. Grant of License: The customer shall be prohibited to use Our product and service names, and logos used or displayed on the Services or Websites, which are Our registered or unregistered trademarks (collectively “Marks”), however, the customer may only use such Marks to identify him as a user of the Services subscribed to under this agreement.

  3. Reservation of Rights: All rights not expressly provided herein are reserved with Us. We do not screen content uploaded onto the SaaS Service, but we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service that we deem otherwise objectionable or violate any party’s Intellectual Property Rights or this agreement.

  4. This clause will survive the termination or expiry of this agreement.

10. CONFIDENTIALITY

  1. WEBWARE TECH will:

  1. Keep confidential and not disclose the customer’s Confidential Information to any person save as expressly permitted by this Clause;

  2. Protect the customer’s Confidential Information against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care;

  1. The customer’s Confidential Information may be disclosed only on ‘need to know ‘ basis by the WEBWARE TECH to its officers, employees, agents, insurers and professional advisers, vendors, affiliates, provided that the recipient is bound in writing to maintain the confidentiality of the customer’s Confidential Information so disclosed by it.

  2. The provisions as enumerated under this Clause shall supersede any non-disclosure agreement entered into between the Parties to this agreement, which may be entered prior to these Terms that would purport to address the confidentiality of customer’s Data and such agreement shall have no further force or effect with respect to customer’s Confidential Data.

  3. Exceptions. Without granting any right or license, the obligations of the parties hereunder will not apply to any material or information that is provided as an exception under the definition of Confidential Information.

  4. This clause will survive post the termination or expiry of this agreement.

11. DATA PRIVACY AND SECURITY

  1. Security of customer’s Data: WEBWARE TECH undertakes to use appropriate technical and organizational measures to protect the Data provided by the customer. The measures so used are designed to provide a level of security appropriate to the risk of processing the customer’s Data.

  2. The customer acknowledges and agrees that WEBWARE TECH may access or disclose information about the customer, Account, Users or End-Users, including customer’s Data, in order to:

  1. If WEBWARE TECH reasonably believes that the Services are being used in violation of the terms of this agreement or against any applicable statute,

  2. Protect WEBWARE TECH’s rights or property, including enforcement of the terms of this agreement or other policies associated with the Services provided under this agreement;

  3. Act on a good faith and belief that such disclosure is necessary to protect personal safety or avoid violation of applicable statutes/ law/ rules or regulations.

  1. If you are a WEBWARE TECH user located in the Europe or United States , accompanying terms GDPR and CCPA sets forth other terms of our agreement that apply solely to the extent any Information you have provided to WEBWARE TECH.

12. THIRD PARTY SERVICES INTEGRATION

  1. The User acknowledges that the Service may integrate with or enable access to certain third-party services, namely OpenAI and Google's Calendar API ("External Services"). The User agrees to comply with the terms and conditions of these External Services and understands that WEBWARE TECH does not endorse, and hereby disclaims any liability or responsibility arising from the User’s use of any External Services. The User is aware that any text input from the user may be forwarded to OpenAI for analysis and subsequent transformation into actionable calendar events via Google's Calendar API, and that WEBWARE TECH shall not be responsible for any use, disclosure, or loss of such data.

13. GDPR SUPPORT

  1. WEBWARE TECH products provide the convenience of enforcing your personal/company’s defined limitations/policies through the product itself. Eg: Assistance with restriction of use of data by turning certain product features ON/OFF. For similar requests reach out to support@webware.tech

  2. Our products directly assist in you/your customer’s need to meet ‘right to portability’ requests. All the collected data can be exported from the product by users who have appropriate access rights. For additional requests on obtaining existing data, reach out to support@webware.tech

  3. Our products offer flexibility of controlling access/permissions, thus enabling unauthorised access and protection of sensitive data. WEBWARE TECH will help you/your customer’s request for permanent erasure of an individual’s data from within the product. For similar requests reach out to support@webware.tech

  4. WEBWARE TECH regularly evaluates enforcement of - security policies, utilization of dynamic access controls, identity verification of those accessing data, and implementation of protection mechanisms against data breach.

  5. WEBWARE TECH products help maintain an audit trail to enable you to provide evidence of appropriate actions taken on an individual’s request.

14. WARRANTIES

  1. Mutual Warranties

  1. The Parties have all the requisite powers and authority to enter into this agreement and have taken all actions necessary to execute, deliver, and perform their obligations under this agreement.

  2. This agreement has been validly executed by the Parties and the same constitutes a valid agreement which is binding on both the Parties and enforceable in accordance with the prevailing law.

  3. All the information communicated by either of the Parties to each other for the purpose of this agreement is true, correct and complete and is not misleading in letter or in spirit whether by reason of omission to state a material fact or otherwise.

  4. Neither the making or performance of this agreement, nor the compliance with its terms will be in violation of any Law or in conflict with or result in the breach of or constitute a default or require any consent under any decree, order, or any other instrument to which either Party is a party or by which either Party is bound and no such decree, order, judgment, execution, claim, settlement or other instrument exists against it.

  1. DISCLAIMER OF WARRANTY

  1. ANY AND ALL OF SERVICES OR CONFIDENTIAL INFORMATION AND ANY OTHER TECHNOLOGY OR MATERIALS PROVIDED BY WEBWARE TECH TO THE CUSTOMER ARE PROVIDED ON “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WEBWARE TECH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WEBWARE TECH NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, LICENSORS, VENDORS, REPRESENTATIVES, OR AFFILIATES WARRANTS OR REPRESENTS THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, DATA, CONFIDENTIAL INFORMATION, AND PROPERTY.

  2. THE CONTENT ON OUR WEBSITES IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITES. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICES OR WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15. INDEMNITY, LIMITATIONS AND EXCLUSIONS OF LIABILITY

  1. EXCEPT FOR THE INDEMNIFICATION PROVIDED UNDER THIS CLAUSE, OUR MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THESE TERMS AND CONDITIONS, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT, CONTRACT OR OTHER FORM OF LIABILITY, SHALL IN NO EVENT EXCEED THE FEES PAID BY THE CUSTOMER DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL WEBWARE TECH BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA, LOST PROFITS, OPPORTUNITIES OR CONTRIBUTIONS, LOSS OF USE, GOOD WILL, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS, HOWEVER ARISING, EVEN IF WEBWARE TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. WEBWARE TECH SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY LOSS OR INTERRUPTION IN ACCESS TO THE SERVICES PROVIDED BY WEBWARE TECH UNDER THIS AGREEMENT, DUE TO CAUSES BEYOND ITS REASONABLE CONTROL OR FORESEEABILITY, SUCH AS LOSS, INTERRUPTION OR FAILURE OF TELECOMMUNICATIONS OR DIGITAL TRANSMISSIONS AND LINKS, INTERNET SLOWDOWN OR FAILURES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBWARE TECH’S AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, REPRESENTATIVES, VENDORS AND LICENSORS, RELATING TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WILL NOT EXCEED AN AMOUNT EQUAL TO THE LOWER OF THE SUBSCRIPTION CHARGES PAID BY THE CLIENT, FOR THE SERVICES TO WHICH THE CLAIM RELATES, PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

  4. Indemnity By WEBWARE TECH :

  1. WEBWARE TECH shall indemnify and defend customer against any third party claims where the services provided under this agreement by WEBWARE TECH infringe any copyright during the Term of this agreement, provided that WEBWARE TECH is given prompt notice of such claim and is given information, reasonable assistance, and the sole authority to defend or settle said claim.

  2. In the defense or settlement of any claim relating to infringement arising out of services under this agreement, WEBWARE TECH shall, in its reasonable judgment and at its option and expense:

  1. Shall provide the customer with the right to continue using the services;

  2. Replace or modify the services under this agreement so that they become non-infringing while giving substantially equivalent functionality; or

  3. If WEBWARE TECH determines that the remedies in (i) or (ii) are not commercially reasonable, at its sole obligation, terminate the term of this agreement.

  1. WEBWARE TECH shall have no liability to indemnify and defend the customer to the extent

  1. The alleged infringement is based on infringing information, data, software, applications, services, or programs created or furnished by or on behalf of the customer;

  2. The alleged infringement is the result of a modification made by anyone other than WEBWARE TECH; or

  3. Customer uses the services other than in accordance with these Terms and Conditions or any documentation delivered by WEBWARE TECH. This clause incorporates WEBWARE TECH’s entire liability and Client’s sole and exclusive remedy for claims relating to infringement.

  1. Indemnity by the customer: The customer agrees to indemnify, and hold harmless, WEBWARE TECH against all Liabilities and Claims arising out of or in connection with:

  1. Any and all unauthorized use of the Services provided under this agreement;

  2. Authorized Users access or use of the Services;

  3. Breach of any of the customer Obligations as set out in this agreement;

  4. Customer’s gross negligence or willful misconduct;

  5. Actual or alleged use of the services in violation of the terms of this agreement or against applicable law/ statute/ order/ directions/ rules/ regulations, by the customer or any of its Authorized Users

  1. This clause shall survive post the termination or expiry of this agreement.

16. SUSPENSION AND TERMINATION

  1. This agreement shall continue to be in force till the period of subscription, as availed by the customer.

  2. WEBWARE TECH may suspend the customer’s account upon expiry or non-renewal of the subscription term, as availed by the customer. In such an event, WEBWARE TECH shall retain any associated data for a period of 12 months beyond which the customer’s account shall be terminated and all associated Service Data shall be deleted immediately and permanently.

  3. WEBWARE TECH shall not be liable to the customer or its authorized users or any other third party for suspension or termination of the customer’s Account, or access to and use the Services, if such suspension or termination is in accordance with the terms of this agreement.

  4. Any free trial account of the customer shall stand suspended automatically after the expiration free trial period, unless the subscription is renewed by the customer before the date of expiry of the free trial period. WEBWARE TECH shall retain any associated data for a period of 12 months beyond which the customer’s account shall be terminated and all the data shall be deleted permanently.

  5. The customer may terminate the account at any time on or before the expiry of free trial period. In such cases, all associated service data shall be deleted immediately and permanently.

  6. If the customer has availed any of the service plans as provided by WEBWARE TECH, then the customer’s account may be suspended or terminated in the following manner:

  1. In addition to suspension for late payment or non-payment of subscription charges, WEBWARE TECH may suspend the customer’s access to and use of the customer’s account or the Services under this agreement, if the customer is found to be in violation of the terms.

  2. WEBWARE TECH shall notify the customer of the activities that violate the terms of this agreement, provided that the customer may be given a ‘cure period’ of 15 days, at the sole discretion of WEBWARE TECH, to rectify the activities that violate these terms.

  3. If the customer fails to rectify such violative activities or that WEBWARE TECH believes that the breach committed on the part of the customer cannot be rectified, then the customer’s account shall stand terminated. Any associated data shall be retained for a period of 12 months from the date of termination of the customer’s account, beyond which it shall be deleted during the normal course of operation.

  1. Upon the termination of customer’s account/ services under this agreement; in accordance with the afore-mentioned clauses, the customer shall be required to immediately pay any subscription charges/ amounts that may be due to WEBWARE TECH under this agreement, unless waived by WEBWARE TECH in writing.

  2. In case the account of / or services to the customer are terminated as a result of a material breach of the terms of this agreement on the part of WEBWARE TECH, then the customer may be eligible to receive prorated refund of the subscription charges, as the case may be; provided that the customer is required to provide WEBWARE TECH with a notice of not less than 30 days, affording it the opportunity to rectify any such breach committed by WEBWARE TECH.

  3. This clause shall survive post the termination or expiry of this agreement.

17. NOTICES

  1. All the notices or other communications referenced under the terms and Conditions of this agreement shall be made in writing and sent to WEBWARE TECH’s address available at Fő utca 38, 9094 Tápszentmiklós, Hungary or through electronic mail at support@webware.tech, whatsoever the case may be. All notices shall be deemed given to the other party if delivered receipt confirmed using one of the following methods, whichever is available or most commercially viable with the sender: electronic mail, registered or certified first class mail, postage prepaid; recognized courier delivery.

18. COMMUNICATIONS FROM WEBWARE TECH

  1. Apart from the communications specified under this agreement, WEBWARE TECH may contact the customer directly via e-mail to notify if :

  1. The customer is acting in violation of these Terms and Conditions; (update of T&C)

  2. A specific activity or purpose is prohibited with respect to the Service(s) provided under this agreement, so that the customer may immediately cease the use of the Services for such prohibited activity or purpose.

19. FORCE MAJEURE

Neither Party to this agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (Force Majeure) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website (including failures of internet or any public telecommunications network, hacker attacks, virus or other malicious software attacks, power failure) and, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control.
If at any time during the term of this agreement the performance in whole or in part by any one of the Parties, of any obligation under this agreement is prevented or delayed by reasons mentioned above the other Party shall not be entitled to terminate this agreement neither shall any Party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected Party to the other within thirty (30) days from the date of occurrence thereof.

20. ENTIRE AGREEMENT

This agreement including all annexures, attachments, addendums and schedules to this agreement constitute the entire agreement pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the Parties.

21. ASSIGNMENT

The customer may not assign any right and obligations under these Terms and Conditions or otherwise transfer any license created hereunder whether by operation of law, change of control, or in any other manner, without the prior written consent of the Service provider. Any purported assignment of these
Terms and Conditions, or any license or rights in violation of this Section will be deemed void. The Service provider may assign, in whole or in part, its rights, interests, and obligations hereunder without limitation
Any services provided to the customer under this agreement, through WEBWARE TECH’s affiliates/ vendors/ representatives/ contractors shall not constitute assignment for the purposes of this clause.

22. SEVERANCE

If any provision in these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by Applicable Law, and the remaining provisions of these Terms and Conditions shall remain in effect.

23. WAIVERS

No waiver by either Party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.

24. REVISIONS

WEBWARE TECH may amend these Terms and Conditions from time to time, in which case the new Terms and Conditions will supersede prior versions. The customer is required to check these Terms and Conditions from time to time to take notice of any changes made hereunder, as the same shall be binding upon the customer. WEBWARE TECH will notify the customer not less than seven (7) days prior to the effective date of any amendments to these Terms and Conditions and the customer’s continued use of the Service(s) following the effective date of any such amendment may be relied upon by WEBWARE TECH as customer’s acceptance of any such amendment. WEBWARE TECH’s failure to enforce at any time any provision of these Terms and Conditions, does not constitute a waiver of that provision or of any other provision of the Terms and Conditions.

25. RELATIONSHIP OF PARTIES

  1. This agreement is not intended to create a partnership, joint venture or agency relationship between the Parties.

  2. Nothing in this agreement gives a Party authority to bind any other Party in any way.

26. SUBCONTRACTING

  1. The customer understands and agree that WEBWARE TECH may engage subcontractors to perform the Services on its behalf

  1. WEBWARE TECH will have the right to use third parties, including, but not limited to, employees of WEBWARE TECH’s affiliates/ representatives/ vendors/ agents/ contractors in performance of its obligations and services hereunder and; for purposes of these Terms and Conditions, all references to WEBWARE TECH or its employees will be deemed to include such affiliates/ representatives/ vendors/ agents/ contractors.

27. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION:

  1. This agreement shall be construed according to the laws of the State of Hungary, and any dispute or claim arising under this agreement shall be subject to the exclusive jurisdiction of the Federal and State Courts of the Hungary.

  2. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be first settled by arbitration in accordance with the Rules for Arbitration to the jurisdiction of Hungary. Any decision in arbitration shall be final and binding upon the parties. Notwithstanding the above, WEBWARE TECH may sue in any court for infringement of its proprietary or intellectual property rights.