Terms & Conditions

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Terms

Last updated: 02/03/2023 3:00 pm

DACHRS PVT LTd (with its registered office H.No 11-5-201, Venkateswara Colony, Road No3, Saroornagar, Hyderabad, Telangana 500035 hereinafter referred to as “Aiceresoft” ”us,” “we,” or “our,” operates the www.aiceresoft.com website and offers services available on the https://aiceresoft.com website (the “Service(s)”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions (the “Terms.”) These Terms apply to Aiceresoft users and all visitors of https://aiceresoft.com website. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

IF YOU ARE A AICERESOFT USER LOCATED IN THE EUROPEAN UNION, OUR TERMS CONTAIN TWO ADDITIONAL AGREEMENTS REGARDING THE PROCESSING OF PERSONAL DATA, REQUIRED BY REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 27 APRIL 2016 ON THE PROTECTION OF NATURAL PERSONS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA, AND REPEALING DIRECTIVE 95/46/EC – GENERAL DATA PROTECTION REGULATION (the “GDPR”):

1. AGREEMENT FOR ENTRUSTING THE PROCESSING OF PERSONAL DATA (the “DPA”)

THE DPA INCLUDES AN ANNEX IN THE FORM OF STANDARD CONTRACTUAL CLAUSES IN RELATION TO THE POSSIBILITY OF DATA PROCESSING WITHIN THIRD COUNTRY BY AICERESOFT (AS A COMPANY LOCATED IN INDIA) .

NO ACCESS TO EMERGENCY SERVICES: There are important differences between Aiceresoft and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other services.

IF YOU ARE A AICERESOFT USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, AICERESOFT AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AAND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. AICERESOT DON’T HAVE DATA THAT WILL BE SHARED OR DISTRIBUTED TO ANY PARTIES THERE OF. ALL THE DATA IS MANAGED FOR BUZINESS/INDIVUDUAL CUSTOMERS REGISTERED WITH US TO PROVIDE THEIR BUSINESS OFFERINGS. AICERESOFT COLLECTS INFORMATION ONLY TO SERVE CUSTOMERS AND BUSINESS OWNERS. AICERSOFT DON’T HAVE ANY STAKE IN THE DATA COLLECTED.

About our Services

European Union’s Business Entities as Customers. THE SERVICE RENDERED BY AICERESOFT IS DEVELOPED AND OFFERED SOLELY ON A BUSINESS-TO-BUSINESS (“B2B”) BASIS. AICERESOFT PROVIDES THE SERVICE ONLY FOR BUSINESS OR PROFESSIONAL PARTNERS AND REFRAINS FROM PROVIDING THE SERVICE TO CONSUMERS, UNDERSTOOD AS NATURAL PERSONS WHO ORDER THE SERVICE WITHOUT DIRECT RELATION TO THEIR COMMERCIAL OR PROFESSIONAL ACTIVITY. THEREFORE, EVEN IN THE ABSENCE OF PROVISION BY THE SUBSCRIBER OF FULL DATA INDICATING HIS OR HER CORPORATE OR BUSINESS AFFILIATION, WE SHALL DEEM THAT SUCH SUBSCRIBER ORDERS THE SERVICES FOR THE PURPOSES RELATED DIRECTLY TO HIS OR HER PROFESSIONAL ACTIVITY.

Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plans and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. YOU ARE SOLELY RESPONSIBLE FOR ANY VALUE-ADDED TAX IN CONNECTION WITH THE SERVICES AND YOU INDEMNIFY AND HARMLESS FROM ANY AND ALL TAXES, INCLUDING SALES TAX, BASED ON PAYMENTS RENDERED BY YOU FOR THE SERVICES.. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law or it is justified by exceptional circumstances.

Trade Sanctions and Export Controls. The Services and your use of the Services are subject to laws, restrictions, and regulations of the United States and other jurisdictions that (i) govern the import, export, and use of the Services and (ii) may prohibit us from providing the Services to you.

You agree and warrant not to export or re-export the Services (i) to any individual, entity, or country prohibited by the United States export control or trade sanctions laws; (ii) to anyone on an applicable government restricted parties list; or (iii) for any purpose prohibited by the United States export control or trade sanctions laws. You agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services by the laws of any jurisdiction.

You shall not use the Services if you are located in a restricted country, if you are currently listed on any restricted parties list, or for any purpose prohibited by the United States export control or trade sanctions laws, and you will not disguise your location through IP proxying or other methods. You represent and warrant that you and your end users (i) are not citizens of, or located within, a country or territory that is subject to United States trade sanctions or other trade restrictions, and that you and your end users will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (ii) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the United States Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; (iii) are not persons on the United States Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or United States Department of State proliferation-related lists; and (iv) are not, and are not owned or controlled by one or more individuals or entities that are, targets of the United States economic sanctions administered by the Department of the Treasury’s Office of Foreign Assets Control or the State Department, including being included on any sanctions list or sanctions programs or located, organized or a resident in a country or territory that is the target of comprehensive sanctions

You are solely responsible for complying with the United States and the applicable foreign export control and trade sanctions laws and monitoring them for any modifications. You will not cause us to be in violation of any such sanctions programs and regulations. Aiceresoft doesn’t held responsible for any such acts.

Platform Interactions. You are aware and agree that use of the Services may include interaction with “bots” or “chatbots” software programs that may use artificial intelligence and natural language processing to provide answers to questions you pose through our chat or email platforms.

Privacy Policy and User Data

Aiceresoft Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you, and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. Aiceresoft shares information to its customers only.

Acceptable Use of Our Services

Our Terms and Policies. You must use our Services according to our Terms and posted policies. A violation of these policies may result in account termination, without recourse or refund, in our sole and exclusive discretion. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property rights of others, including privacy, publicity, intellectual property, or other proprietary rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, speak hatefully, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to impersonate another person or entity; or (l) to interfere with or circumvent the security features of the Web site. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

No Spam, Advertising Compliance. In addition to the foregoing prohibitions, you further agree that you comply strictly with all applicable laws (federal, state, and otherwise) that govern marketing email, including without limitation, the U.S. CAN-SPAM Act of 2003, the General Data Protection Regulation (GDPR) of 2018, the Privacy and Electronic Communications (EC Directive) Regulations of 2003, and all other anti-spam laws. Violation of any of these laws will constitute a material breach of these Terms. You agree to defend and indemnify Aiceresoft from and against any claim by a third party in connection with your failure to comply with this prohibition against spam.

Accounts

Registration. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. Please, remember that you have the right to rectify your personal data.

Identity Verification. By registering for our Services, you agree and acknowledge that we may verify any personal data you provide to us or otherwise verify your identity. This may include verifying your name and identity by verifying your email address or telephone number. Should we discover any personal data you provide to us is materially incorrect or should we be unable to verify your identity, we may terminate your account and otherwise prevent you from using the Services.

Keeping Your Account Secure. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Business Use Only. Aiceresoft Services are exclusively designated for business use and must be used only in accordance with their purpose, application, and their general characteristics.

Reservation of Rights. Aiceresoft reserves the right to access your Account for technical purposes and to address occurring service issues, without prior notice. We shall also have the right to monitor your account in our sole and exclusive discretion and to assume the role of your account owner, especially in emergency situations, which can cause harm to you, us, or other users, or when we suspect a violation of the Terms.

This also includes our right to access your Account and to use, modify, reproduce, distribute, display and disclose your data to the extent necessary to prevent of emergency situations and provide Services, including in response to your support request. You agree that Aiceresoft and our subcontractors will access your account in the above specified situations without prior notice.

We ensure full confidentiality of information and data obtained under the above-mentioned activities unless their disclosure results from the provisions of applicable law or a binding court / authority decision.

For the avoidance of doubt, this right does not create any obligation for Aiceresoft to verify your and/or your customers’ behavior

Suspending Your Aiceresoft Account: You may unsubscribe your Aiceresoft account at any time (including if you want to revoke your consent to our use of your information). Accounts are suspended if any misuse of our services are identified and no refund will be given for such activities.

Disclaimers

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL; THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE; OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “AICERESOFT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM(S)”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

AICERESOFT PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DATA LOSS, DAMAGE OR COMPUTER CRASH, THE COSTS OF SUBSTITUTE EQUIPMENT AND SOFTWARE, SHUT-DOWN, COMPANY REPUTATION INFRINGEMENT, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, EVEN IF THE AICERESOFT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US $100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE AICERESOFT AND ITS ASSOCIATED PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

In no event shall Aiceresoft nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least fifteen (15) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You will be notified about changes in Terms and encouraged to review new conditions.