We are ISO 27001 certified, independently certified for protecting privacy of Personally Identifiable Information (PII) under GDPR readiness, and working on a few other major data privacy certifications.

When you use We360.ai services, either via website or the desktop you are trusting us with some of your information. We understand this is a big responsibility on our shoulders and we are always working hard to keep your information safe and secure, and give you control over your data.

This Privacy Policy section is meant to help you understand what information we360.ai collects, why we collect such information and how you have full control to update, manage or delete your information. The purpose of this privacy policy (“Policy”) is to explain how, when and why we360.ai collects information about individuals, how, for what purposes and on what grounds these ‘personal data’ are subsequently processed, who processes them and what rights the individuals have in connection with their personal data. The Policy also explains we360.ai’s practices in using cookies and other technologies for storing information on others’ devices and retrieving information from such devices. When we refer to “we360.ai” or use the word “we”, “our” or “us”, we mean the we360.ai entity that acts as the ‘controller’ of the information we hold about you or the ‘processor’ of the information that a customer has entrusted to us, as explained in more detail under the “identifying the data controller” part of this Policy. The phrase “we360.ai entity” refers to each of the following companies: Zenstack Private Limited, registered in India, based in Bhopal, India. The contact details are set out at the end of this Policy. By “you” we mean the individual reading this text, i.e., you as a natural person (and not any company or other organisation that you may be associated with). Some words and phrases in this Policy are in single quotation marks (e.g., ‘controller’, ‘processor’ and ‘data subject’). These are legal terms, having the same meanings as given to them in the EU General Data Protection Regulation, i.e., Regulation (EU) 2016/679 (“GDPR”).

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Application:

• This Policy applies to the data processing that takes place through or in connection with the following: (a) your use of the software of we360.ai or any of its subsidiaries (by “software” we mean computer programs in any form, including local installations such as desktop and mobile applications as well as software in the form of on-demand services such as web and cloud applications). We shall use the word “Service” in this Policy to designate the above software, and the same word will designate any service, resource or other benefit that we360.ai or its subsidiary offers as a part of or in connection with such software; (b) your visiting, or accessing resources that form part of, any website of we360.ai or its subsidiary (we shall use the word “Website” to designate any such site), including, for example, any site at we360.ai; domains or (c) your communication or interaction with we360.ai insofar as the above activities are not subject to another privacy policy or similar document.
• The Policy does not apply in relation to other parties’ products, services, websites, resources or activities.
• When we speak of “Personal Data”, we mean any information about a living individual from which that person can be identified (the proper legal definition of ‘personal data’ is “any information relating to an identified or identifiable natural person”, with the person to whom the information relates being referred to as the ‘data subject’). Personal Data do not include information from which no individual can reasonably be identified, that is to say, anonymous information or personal data rendered anonymous in such a manner that the individual is not, or no longer is, identifiable (de-identified or anonymised information). The Policy does not apply to such information.
• The Policy supplements our other terms and policies and is not intended to override them Identifying the data controller.‍

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Information collected by the We360.ai mobile app (iOS and Android):

‍We360.ai utilizes the GPS device on your phone to capture its location data, which is subsequently visualized on a map on We360.ai's platform and your mobile device. This data is exclusively gathered when the mobile app is actively in use. Additional choices to manage the collection and utilization of this data by the We360.ai mobile app may be available through your mobile device's operating system.

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Identifying the data controller:

• We are a technology company and a lot of what we do involves data processing in one way or another. Various data need to be processed in a number of ways in order for us to carry on our business, including provide, maintain and develop the Service and Websites, and to communicate with you. Information is processed both for us as well as our customers, and customers themselves process information through the Service. Not all of this information constitutes Personal Data and much of the processing is controlled by parties other than we360.ai.
• For instance, the user environment delivered via the Service has certain logically defined parts (each, a “Customer”) where an Employee (“User”) can enter, record, store, use, disclose and otherwise manipulate various data. The data thus processed are referred to as “Customer Data” and it is usually the User who created the Projects, Tasks, Customers etc that determines the purposes of, and otherwise controls, the processing of these data. That authority can be assigned to another User, but, at any rate, there is always one particular User, identified in the Customer as the “Account Owner”, that has legal control over, and is responsible for, Account Data. That User (the Account Owner) is also the ‘controller’ of all Personal Data maintained in the Account. we360.ai processes these data on the Account Owner’s behalf and is thus considered to be the ‘processor’ of the said Personal Data. This means that any enquiry, request, objection or complaint that you as a ‘data subject’ may have in connection with the processing of Personal Data that form part of Account Data (i.e., where the information concerned relates to you) should be addressed to, and resolved by, the relevant Account Owner.
• we360.ai is the ‘controller’ of the Personal Data that are collected by us or on our behalf through the activities listed in section 1 of this Policy, or which are otherwise processed for the purposes of our business. Specifically, it is we360.ai that acts as the ‘controller’ of the said Personal Data. The following sections explain the collection and subsequent processing of these data in more detail.

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‍The information we collect and receive:

we360.ai collects, generates and receives information in a variety of ways. Some of this information constitutes Personal Data and the rest does not. We shall use the word “Information” to designate any and all of the data that are collected, generated or otherwise processed by us or on our behalf. This part of the Policy describes which Information and how is collected or generated through the activities listed in section

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Profile Information :

We collect Information about you in the course of negotiating, preparing, concluding and amending agreements between you and we360.ai. The Information collected may include the data provided in such agreements and any data that you furnish for the purposes of negotiating, concluding or amending those agreements. For example, when you register for a Service user account (“User Account”), we ask you to give us your full name, email address, country of residence and time zone, and you may also upload a profile picture. In order to maintain a Account, i.e., act as a Account Owner, you need to provide us with your physical address and may give a telephone number at which you can be reached. During the sign-up procedure, we may automatically record your internet protocol address (IP address) and an application programming interface token (API token) is automatically generated and stored under your User Account (this is an authentication token that you can use for accessing the Service through other software). For validating human access to the User Account, you will create a user name and a password, which both will be stored in our data base along with the API token. You will also be assigned a user identifier (user ID), which is a certain alpha numeric value that we generate, store and can identify you by. The Service has a user invitation feature that can be used for inviting you to become a User. If a User elects to invite you, she will give us your email address and the Service will send you an invitation. We store this email address but not as part of your User profile (as you are not yet a User). It will only become such if you obtain a User Account.

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Location (Applicable for Mobile Application):

We collect Information about location in background if you are Punched IN. The Information is collected to provide fast travel expense approvals, see your route play backs, get near by fields job alerts on real time and check the real time location of your team members for better efficiency . For example, when you punch in using the Android or iOS , we ask you to give us consent to access your location in background. This is required In order to use all the features. The Service has a user invitation feature that can be used for inviting you to become a User. If a User elects to invite you, she will give us your email address and the Service will send you an invitation. We store this email address but not as part of your User profile (as you are not yet a User). It will only become such if you obtain a User Account.

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Billing Information:

We ask user to supply us with the full name of the person or entity that will pay for the Service plan, their physical address and, optionally, email address and VAT/GST number (i.e., the registration number of a “taxable person” as respects value added tax). The payer may or may not be the User subscribing to the Service plan, so it is possible for us to receive the above Information about you from another User. In the case of a paid plan, you will supply a third-party payment service provider (who acts independently from us) with such information as they request from you to facilitate your payments to us. We do not collect any information about your methods or instruments of payment, except that, if you give the payment service provider credit card details, the last four digits of the credit card number are stored in the Account’s under subscription billing info. This piece of Information forms part of Account’s Data.

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Usage Information

As with most websites and on-demand software solutions (i.e., where software is delivered over the internet in the form of a “service”), certain data are automatically collected when you visit a Website or use a Service application and this Information is recorded in log files. For example, when you log in to the Service, the date and time of your login will be recorded along with your IP address (giving us your approximate location) and a limited user agent string (telling us what type of Service application, e.g., web, desktop or mobile, was used for the login). When you create a data entry via the Service, your Service application type and version may be recorded. The Information we receive depends on the type of Service (and, respectively, the device) you are using but will usually include some of your Profile Information (name, user ID and email address) as well as information about which Service application and what version you are running and the type and version of your device’s operating system. It may also include the name of your device and information as to your web browser type and version, Service settings and usage history, Account Service plan, and which Service release/update channel you have chosen (stable or beta). Certain features of the Service (specifically, GPS Tracking, Screen recording, Call Log and Automations), if enabled, will automatically record or monitor what other applications you use, GPS location or which websites you visit during your Service sessions and, based on these data, either provide you with Information as to your past activities, relating them to your interactions with the Service and the matters you have been working on, or make suggestions regarding your use of the Service. These features are strictly opt-in and can be easily disabled, and the information they record or generate is only available to the User whom it relates to. All this is controlled by the Account Owner. On a more general level, we collect (or have third parties collect for us) anonymous Information about the use of our Service and customer base. Such data may, e.g., include Information about the number of Users and their distribution (active, passive, paying, non-paying, etc.), User churn, Account team sizes, choices between application types, settings, modes of use and Service plans, Service performance, practices and trends in using specific features or components of the Service, the effectiveness of Service messages, and other Information that is not Personal Data. Accessing resources on Websites may (depending on the site visited, resource accessed, device used and your hardware and software settings), result in the following Information being collected: your IP address, approximate location, Website entry and exit pages, referral sites and keywords, session time and duration, activities on the Website (e.g., pages viewed, links followed, clicks made), web browser type, version and settings (including, e.g., language preferences), device type, name and settings as well as the type and version of its operating system, and your internet service provider or mobile network operator. Some of this Information is collected by the use of cookies, as described in the next section.

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Cookie Information:

When you use our web or cloud applications, visit Websites or retrieve resources (e.g., files or other information) that form part of a Website, certain pieces of data known as cookies are sent to the device you are using and will be stored there. Your web browser stores them either at our request or the request of a third party whose services we use. Each cookie, in one way or another, distinguishes you from other Users and Website visitors. There are also other techniques, such as using web beacons or pixels, whose purpose can be similar to that of some cookies. In this Policy, the word “cookie” designates the objects delivered by those techniques as well. Cookies vary by nature and purpose. For instance, a “session cookie” only exists in the temporary memory of your device, i.e., while your Service session or visit to a Website lasts, and is usually deleted when your web browser is closed. A “persistent cookie”, on the other hand, has a longer lifespan: it remains on your device until you delete it (i.e., instruct your browser to do so) or until it expires. A “secure cookie” can only be sent over a “secure” (encrypted) connection, making it harder for others to intercept information. A “first-party cookie” belongs to us and a “third-party cookie” belongs to someone other than we360.ai, e.g., a company providing us with Service or Website analysis services or delivering our messages (such as advertisements) across the internet. Some of the above cookies are associated with your User Account and certain of your Profile Information, allowing you to log in to the Service and remembering that you are logged in (which makes it possible for you to use the Service, enhances security and helps us to show you the right content). Other cookies allow us (or third parties we have engaged) to recognise and count the number of visitors to a Website, see how they move around the site when using it, which links they follow and who reads what, or to selectively record and analyse how and by what means Users are interacting with our applications (only specific pieces of information are collected, and without identifying the Users). Certain cookies are used to recognise you when you return to a Website, enabling us to personalise our content for you and remember your preferences, e.g., your choice of language. And, quite importantly from the privacy aspect, there are some third-party cookies that gather information about your browsing activities over time and across different websites following your use of ours (in other words, track your online behaviour), which may result in advertisements or other messages being displayed to you based on your browsing history. You will encounter all of these cookies when interacting with our online applications, Websites or web resources. Cookies are vital to the Service and Websites. You can, however, remove them (individually, in selections or all in one sweep) and it is possible to disallow their use altogether or refuse certain types of them (your browser tools or support pages will tell you how to do that). But, if you disallow first-party cookies, your copy or instance of the Service will not operate properly or may not operate at all and your experience at Websites will be notably poorer or at least not as we intended. Third-party cookies can usually be managed by the tools provided by those parties. Some of such tools are available here: https://adssettings.google.com/ (Google advertising settings); https://tools.google.com/dlpage/gaoptout (Google Analytics opt-out); We cannot give you an exhaustive list of the means for opting out of third-party cookies as the service providers who may set such cookies in connection with the Service and Websites change from time to time. Contact us, using the details at the end of this Policy, to learn which third-party cookies may currently be in use on a particular Website or Service application. The Service and Websites do not respond to web browsers’ “do not track” signals and our data processing practices are not altered upon our receipt of such a signal. We are not allowed to use cookies unless you agree to it, and by accepting this Policy you have. If the device you are using is not your own (e.g., if you are using the Service or displaying a Website on your employer’s computer or smart device), we expect you to have the owner’s authorisation to agree on her behalf with our storing cookies on the device and retrieving information from it as described in this Policy. By using the device you are confirming to us that you are so authorised.

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“Third-Party Information”

Account Owner can choose to permit third-party services for her copy or instance of the Service or in relation to certain aspects of the Service. Typically, a third-party service is software that integrates with the Service and a User can enable or disable this integration for her Service application, User Account. Once enabled, the relevant third-party service provider may share certain information with us. For example, if you choose to use a third-party service to validate your access to the Service, then the provider of such a service may send us your name, user name, email address and/or telephone number to perform the validation. Or if some other third-party application (e.g., a storage, development, communication, project or resource management or accounting service) is enabled to permit data to be imported into your Service user environment or otherwise exchanged between the application and the Service, we may receive your name, user name, email address, profile picture, location and/or such other information as you have elected to let the application make available to us, and we are authorised to access such of your data in that third-party application as you let us. You should check the privacy settings of these third-party services to understand what data may be disclosed to us.

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“Other Information”

We receive from you such Information as you provide us when filling in forms (e.g., applications or questionnaires) on a Website or via the Service or when you participate in our Service-related campaigns or programmes, sign up to receive notifications, newsletters or other communications from us, request support for the Service, interact with our social media accounts or correspond or otherwise communicate with we360.ai. If you email us or send us a letter or a message, we may retain a record of such communication, including your name and address, email address or telephone number (as applicable), the content of your communication and our response. We may complement these data with other Information.

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Purposes and grounds for Information processing

• The purposes for which Information is processed and the legal grounds for such processing are varied and depend on the nature of the Information. If Information is anonymous or de-identified, we may collect, use, disclose and otherwise process it for any purpose. Our processing of Personal Data, however, is limited to the purposes set out in this Policy.
• Most commonly, we will process your Personal Data in the following circumstances: (a) if we need to perform an agreement you have with us or it is necessary to take pre-contractual steps at your request before entering into such an agreement (we shall refer to these grounds as “Contractual”); (b) where we need to comply with a legal obligation, e.g., one arising from a law or regulation concerning taxation, accounting, financial reporting, prevention of terrorism or money laundering, or judicial or administrative process (this would be a “Legal” ground); (c) if it is warranted by our legitimate interests or those of a third party and such interests are not overridden by yours or your fundamental rights and freedoms (here, the processing would be based on “Interest”); (d) where we have your unambiguous consent before processing your Personal Data in that specific situation (thus allowing us to process these data on the grounds of “Consent”).
• The communications that we initiate with you can broadly be classified as: (a) Service-related technical, administrative, business, legal and subscribed-to promotional messages that we address to Users and which you only receive if you are one (“Service Messages”); and (b) messages about products, services, events and other matters you have shown interest in or which we believe may be of interest to you (“Marketing Messages”).

• You can unsubscribe from certain Service Messages by adjusting your User Account settings and from others by following the instructions provided in the message. There are, however, some Service Messages that form part of the Service and which you cannot opt out of receiving unless you unsubscribe from the Service. As for Marketing Messages, you can always opt out of receiving these, but the variety of procedures for doing so may depend on the nature of the message and whether you have a User Account. If you do, try adjusting your User Account settings, and whether you have an account or not, there should always be opt-out instructions in the message itself. If you have trouble unsubscribing, contact us and we shall opt you out. Our details, as noted, are at the end of this Policy.

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Failure to provide Information

• Generally, no one is obliged to give us their Personal Data but failure to do so may, or, depending on the circumstances, will or is likely to, result in our not being able to achieve the data processing purpose(s) and the particular ‘data subject’ may, or, respectively, will or is likely to, miss the benefits corresponding to that purpose (or those purposes).
• Where we need to collect your Personal Data by law or under the terms of a contract we have with you, or in order to enter into such a contract, and you fail to provide those data when requested, we may not be able to perform or enter into the relevant contract (which may be a contract for the provision of the Service or some other benefit). Should that be the case, we may have to cancel a product or service you have with us, but we shall let you know at the time if that applies.

• If you limit the ability of a Service application or Website to set cookies, you may, and in some cases most definitely will, prevent yourself from using that application or site or certain of its features, or may worsen your user experience as the item in question will not be personalised to you. It may also stop you from saving customised settings and you may need to validate your access to the Service or the Website more frequently during your browsing session.

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Duration of Personal Data storage

• We only store your Personal Data for as long as necessary in the light of, or compatible with, the purposes for which the data were collected (e.g., enjoying our rights and performing our obligations under the contract you have with us, if that was the sole purpose) and such additional period as may be required by law.

• Legal retention periods vary depending on the type of Information concerned, and they can be quite long. For instance, Personal Data relevant to our accounting or taxation (which is likely to be the case upon some of the Personal Data under the Profile Information and Billing Information categories, and may also apply to some other Personal Data) must be retained for at least seven years after the primary purpose for their processing ceases to apply (e.g., seven years following the financial year when our business relationship with you terminated and the last transaction between us occurred).

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Disclosure of Personal Data

1. This part of the Policy describes the circumstances in which we may disclose or transmit your Personal Data to third parties. Please note that the sections below only address the disclosures and transmissions of Personal Data and not, for example, anonymous or de-identified Information (which we may transmit and disclose at any time to anyone anywhere, in any manner and for any purpose). Nor does this part deal with the transmission or disclosure of Account Data, which is at the discretion and responsibility of the Account Owner.
2. If you invite another User to your Account or join someone else’s Account, you are instructing us to display certain of your Profile Information (which may include your name, address, email address, profile picture, country of residence, time zone and telephone number) and, if applicable, Billing Information (including your name, billing address, billing email address, Tax number and the last four digits of your credit card number) in the Account such that other Users may or will have access to them (depending on their User privileges).
3. If you use the Service automated onboard feature to invite someone to become a User, we shall let the invitee know who you are by including some of your Profile Information (name, email address and perhaps your profile picture) in the invitation.
4. When you share Account Data or other content from your User Account by distributing links to such data (e.g., to allow someone without a User Account to view something you have created with the Service), certain of your Profile Information (e.g., name, email address and/or profile picture) is likely to be disclosed to the addressee(s) along with the material you share (and you may also be disclosing other Users’ Personal Data).
5. Your Profile Information and possibly Billing Information or certain of these data may also be shared when integrating third-party services with your User Account or Service application and when using such third-party services in conjunction with the Service. You can control which data are shared when enabling and/or while enjoying the integration (depending on the third-party service). At any rate, do check your privacy settings for both the Service as well as the third-party service prior to integration as well as during to determine which data may be shared. And please note that we are not responsible for the privacy practices (or other acts or omissions) of such third-party service providers, so it would be advisable for you to make sure, before the integration, that you trust the service and the provider in question and are satisfied with the provider’s policies.
6. We have engaged and will continue to use third-party service providers to assist us in providing, maintaining, developing, protecting and promoting the Service and Websites. We may, for example, use such parties for hosting the Service or a Website, sending out Service Messages or Marketing Messages, providing or hosting customer support services, performing analyses related to the Service or a Website, or for processing payments. We may also store Personal Data in locations outside our direct control, e.g., on third-party cloud infrastructure or platforms (IaaS/PaaS) or cloud infrastructure whose operation we have entrusted to other parties. These service providers may have access to your Personal Data for the limited purpose of providing the service we have engaged them to provide. Importantly for you as a ‘data subject’, our use of such service providers may involve transmitting your Personal Data to jurisdictions other than the one you reside in. Where this is the case, section International transfers of Personal Data, Point 2 will apply.
7. We may share your Personal Data with our corporate affiliates and outside accountants, legal counsels and auditors.
8. If we engage in or are subject to a merger, acquisition, division, transformation, public offering of our securities, obtaining financing, divestiture of all or substantially all of our assets or a significant part of such assets, transfer of the enterprise or a part of the enterprise to which your agreement with us pertains, or a similar transaction or proceeding, or if we take steps in contemplation of such activities (e.g., submit to due diligence), your Personal Data may, subject to standard confidentiality arrangements, be shared with, or transferred to, our counterparties or other relevant participants in the respective transaction or proceeding.
9. We may find ourselves in a situation where we are legally obliged to disclose some or all of your Personal Data or where we reasonably believe that we are so obliged. This may be the case if we receive an Information request from an authority or there is a law or regulation that requires us to make a disclosure without specific request (e.g., to comply with national or international measures against terrorism or money laundering). We may also be compelled to disclose your Personal Data by a judicial, arbitral, administrative or otherwise mandatory order or judgment. Where any of the foregoing applies, we shall make the disclosure, and we may not be permitted to tell you that your Personal Data have been disclosed.
10. There may also be situations where we find the disclosure of your Personal Data to be necessary in order to exercise, enforce or defend our rights, freedoms or legitimate interests or to protect the rights, freedoms or legitimate interests of a third party (e.g., a ‘data subject’ or an intellectual property owner).
11. We shall disclose your Personal Data at your request (unless legally prohibited, impracticable or involving unreasonable effort or expense) or may do so upon your Consent.

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International transfers of Personal Data

• We may transfer your Personal Data to jurisdictions other than the one you reside in, subject to point 2.

• We shall not transfer your Personal Data from countries participating in the European Economic Area (“EEA”) to those which do not, or from the EEA to international organisations, unless the recipient country or the particular person or entity receiving the data ensures an adequate level of protection for the data received, or, if it does not, then without applying such safeguards as legally required and/or without the transfer being subject to such other conditions as the law provides for these kinds of transfers. For instance, if we are to transfer your Personal Data from the EEA to a recipient in the India, we shall make sure that the recipient participates having thus self-certified itself as ensuring a level of protection of Personal Data that is essentially equivalent to the one guaranteed under the GDPR.

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Personal Data Security

• We shall maintain adequate technical and organisational measures to ensure such level of security in our processing of Personal Data as appropriate in the given circumstances. Upon assessing whether a measure is adequate and which level of security is appropriate we consider the nature of the Personal Data we are processing and the nature of the processing operations we perform, the risks to which you are exposed by our processing of your Personal Data, the state of the art, the costs of implementation and such other matters as may be relevant in the particular circumstances.

• The measures referenced in the preceding section particularly address the following: (a) the protection of Personal Data against unauthorised or unlawful processing and against accidental loss, alteration or destruction; (b) the integrity and confidentiality of Personal Data; (c) the availability and resilience of the Service features pertinent to the processing of Personal Data; and (d) our ability to restore the availability and access to Personal Data in a timely manner after a Service failure.

• However, please be aware that no security measure is perfect. Our efforts notwithstanding, we cannot guarantee that your Personal Data, during transmission over the internet or while stored in our systems or those of our service providers or while otherwise in our care, will be absolutely safe from unauthorised or unlawful processing or accidental loss, alteration or destruction, or that they will indeed be intact and confidential at all times or shortly available after any Service incident. Note also that we cannot control, and are not responsible for, the actions of other parties with whom you share (or instruct us to share) your Personal Data.

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Your rights as a Data subject

‘Data subjects’ in the EEA have certain statutory rights under the GDPR concerning the Personal Data that we have on them. This part of the Policy aims to give you a general understanding of these rights and we encourage you to deepen this understanding by studying the GDPR yourself. To facilitate this, we have, in relation to each of the rights noted below, provided a reference to the specific provision of the GDPR from which that right arises.

Specifically then, and subject to such statutory exceptions as may apply in your particular case, your ‘data subject’ rights include the following:

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Right of access / GDPR Article 15

You have the right to enquire and get a confirmation from us as to whether or not we process any of your Personal Data. Where we do, you may request access to those data and have us give you a copy of them. A User can access most of the Personal Data we have about her by logging in to her User Account and going to her profile page (we have what you see there), and it may well be that these are the only Personal Data we maintain on her. If you wish to be certain or have no User Account, please use the contact details at the end of this Policy to exercise your ‘right of access’.

Right to rectification / GDPR Article 16

If the Personal Data we have about you is incorrect, you have the right to request that we correct those data, and, in some circumstances, you may have the right to require that your incomplete Personal Data be completed (but in each of these cases we may need to verify the accuracy of the information you provide to us). As with the ‘right of access’, Users can and are encouraged to update the Personal Data under their User Accounts themselves.

Right to erasure (right to be forgotten) / GDPR Article 17

You have the right to request that we delete or remove the Personal Data we have on you where there is no good reason for us continuing to process them. Please note that we may not always be able to comply with your request as there may be specific legal reasons which warrant the processing. Should this be the case, we shall inform you accordingly at the time of your request.

Right to object / GDPR Article 21

You have the right to object to our processing of your Personal Data where the processing is based on Interest and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts your interests or fundamental rights and freedoms. There may, however, be occasions where we demonstrate that we have compelling legitimate grounds to process your Personal Data (i.e., that our legitimate interests or those of a third party override yours and your fundamental rights and freedoms) and thus dismiss your objection. In case we are processing your Personal Data for direct marketing purposes, you may object to that processing at any time and we shall no longer process your Personal Data for such purposes.

Right to restriction of processing / GDPR Article 18

You have the right to request that we suspend the processing of your Personal Data where any of the following applies: (a) you have contested the accuracy of the data and the same needs to be verified; (b) the processing is unlawful but you do not want us to erase the data that we are processing; (c) you need us to maintain the data even though we no longer require them as they are necessary for your establishment, exercise or defence of legal claims; or (d) you have objected to processing as described under relevant section but we need to verify whether we have overriding legitimate grounds for processing.

Right to data portability / GDPR Article 20

If our processing of your Personal Data which you have provided us is based on a Contractual ground or on Consent and the processing is carried out by automated means, you are entitled to have us make those data available to you in a structured, commonly used and machine-readable format so that you could transmit them to someone else (another ‘controller’). You may also ask us to transmit these data to that other ‘controller’ directly, and we shall do so, if technically feasible.

Right to withdraw consent / GDPR subsection 13(2)(c)

If we are processing your Personal Data based on Consent, you may withdraw that consent at any time (but this will not affect the lawfulness of any processing activities carried out based on your consent before its withdrawal).

• As noted above, you can exercise some of your ‘data subject’ rights (such as the ‘right of access’ and the ‘right to rectification’) through your User Account. If you are unable to do so, particularly if you have no User Account, or if the right in question cannot be thus exercised, then please use the contact details at the end of this Policy to get in touch with us and we shall do what we reasonably can to facilitate the exercise of your rights.

• We aim to respond to any legitimate request within a month of its receipt but it may take us longer if your request is particularly complex or you have made several requests. If that is the case, we shall let you know and keep you updated.

• We shall not charge you any fee for exercising the above rights unless your requests are clearly unfounded or excessive (e.g., because of their repetitive character), in which case we may charge a reasonable fee. Alternatively, we may decline your request in such circumstances.
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Right to lodge a complaint with a supervisory authority

In case you believe that we are processing your Personal Data in violation of the GDPR, you have the right to lodge a complaint with the ‘supervisory authority’ located in the EEA country where you reside or work or where the alleged infringement took

Changes to this Policy

We may revise this Policy from time to time to reflect changes to the Service, Websites, applicable laws, regulations or standards or other changes that may occur in our business. We shall post the revised Policy (or, as the case may be, our new privacy policy) on the same webpage where we published this Policy or on such other webpage as we then may habitually use for publishing materials such as the Policy. We may also use the Service, email or other means for notifying Users of such policy changes. The revised Policy (or, as applicable, the new one) will be effective when posted as described unless the document itself specifies a later time for its entry into force.

User privacy controls

This section describes key controls for managing your privacy across our platforms and services. In addition to this we also provide few other mechanisms by which users can reach out to us to modify or erase their information available with us. Managing, reviewing, and updating your information: When you’re signed in, you can always review and update information by visiting the services you use. For example, you can change your contact details such as your name, email and phone number. Choice to Opt-out: We provide all users with options to opt-out from receiving non-essential (promotional, marketing related etc.) communications from us. This can be done directly on our platforms or providing us with necessary information at DPO@WE360.AI Unsubscribing, removing and deleting your information: If you choose to unsubscribe from our platforms or delete any of all of your information, you can delete your SCREENSHOTS ,NAME . In addition to this you may also send an email to DPO@WE360.AI for specific information about your account or deletion of your account history. However, we may still retain some information and records of transaction for specific period as required by any law, contract with RWA or policy as applicable. Contacting Data Protection Officer: In subsequent sections covering “Role and details of Data Protection Officer(DPO)”, we have full disclosure of how users can reach out to WE360.AI  DPO to lodge complaints or communicate any privacy related grievances.

Role and details of Data Protection officer :

We360.ai has employed a dedicated data protection and grievance officer who will be responsible for overseeing the company’s data protection strategy and its implementation to ensure compliance with various Privacy law requirements.

Our DPO is responsible for the following:

• Constantly educating the company and employees on important Data Privacy compliances
• Training all staff involved in data processing
• Conduct regular audits to ensure compliance and address any gap or issues proactively
• Monitoring implementation and effectiveness of data protection efforts within company
• Maintaining comprehensive records of all data processing activities, including purposes and necessity of all processing activities, which must be produced on request.
• Interfacing with data subjects to address how their information is being used, their right to have their personal data amended or erased and what measures we360.ai has put in place to protect your personal information.

If you have you have queries regarding your data and privacy, please refer to the FAQs listed here

In case of any issue or grievance related to your data privacy, please contact our DPO at

dpo@we360.ai

or write to Data Protection Office:

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These Terms of Service describe the Services we will provide to you, how we will work together, and other aspects of our business relationship.. We request you to read the terms below carefully before confirming your acceptance thereof. Upon your acceptance, these Terms of Service form a legally binding agreement between you and we360.ai. Our Services are available to you only upon your acceptance of these Terms of Service. In case any of the terms are not acceptable to you, please do not proceed to use any of our Services.

BY ACCESSING OR USING OUR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY ALL THE APPLICABLE TERMS OF SERVICE.

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We periodically update these terms and we will let you know when we do through notification within the we360.ai Application used to access your Subscription Services (if you have one), and by posting a revised copy on our website. You agree to review these Terms of Service on a regular basis and always remain in compliance.

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DEFINITIONS

• “we360.ai”, “we”, “us” or “our” shall mean Zenstack Private Limted Limited, a company incorporated under the Companies Act, 1956, with its registered office at 206-207, 2nd Floor, Corporate Zone, C21 Mall, Hoshangabad Road, Misrod, Bhopal, Madhya Pradesh, India.
• “You”, “your” or “Customer” shall mean an individual or legal entity who is signing up for any kind of Services from us, irrespective of the nature or duration of the Services, including those availing of Free Services. Customer’s details, including name of the contracting entity and the authorized representative, are as provided in the accompanying Order Form.
• “Billing Cycle” shall mean a duration cycle for which billing is done in one go, as indicated in the Sales Order.
• “Consulting Services” shall mean the professional services provided by us, which may include training services, installation, integration or consulting services. The details of the Consulting Services shall be set out in the Sales Order Form signed up from time to time under these Terms of Service.
• “Customer Data” shall mean information pertaining to your clients that you submit or collect via the Subscription Services. Additional information that may be collated by us and provided for your use will not be included within the scope of Customer Data.
• “Disclosing Party” shall have meaning set out in Clause 6.1.1
• “Effective Date” shall mean the date of your acceptance of these Terms of Service
• “Force Majeure” shall mean an act of war, hostility, sabotage, act of God, electrical, internet
• Telecommunication outage, cyber-attacks, government or regulatory restrictions (including the denial or cancellation of any export or other license), or any other event outside the reasonable control of the obligated Party.
• “Free Services” shall mean any products or features, including Subscription Services made available by us to you on an unpaid trial or free basis.
• “we360.ai Application”, “Software”, or “Platform” shall mean the suite of applications available at https://we360.ai or any of its sub-domains or any other URL/location made available by us.
• “Sales Order” or “Order Form” shall mean the form submitted based on your requirements, with your details and the Services opted by you, with relevant Service terms, pricing and payment terms being set out accordingly. Separate Order Forms may be submitted for different Subscription Services and Order Forms may be updated or modified from time to time with mutual consent
• “Party” shall mean either we360.ai or Customer and “Parties” shall mean we360.ai and Customer collectively.
• “Planned Downtime” shall mean the period during which the Services may be shut down for planned maintenance of the Platform. To the extent possible and reasonable, such downtime will be scheduled during non-business hours for majority of our customers such as weekends and public holidays and at least 24 (twenty-four) hour’s prior notice will be provided.
• “Privacy Policy” shall mean our privacy policy set out at https://we360.ai/privacy-policy
• “Receiving Party” shall have the meaning set out in Clause 6.1.1.
• “Service Usage Limitations” shall have the meaning set out at Clause 3.3.
• “Sensitive Information” shall mean passwords, financial information such as bank account or credit card or debit card or other payment instrument details, Social Security numbers, passport numbers, driver’s license numbers, Aadhar numbers or similar identifiers, information pertaining to racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, physical, physiological or mental health condition or information, medical records and history, sexual orientation, genetic data, biometric information, or other employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.
• “Service Fees” shall mean the amounts you are required to pay for using any of the Services.
• “Services” shall mean any service provided by us to you, including but not limited to Subscription Services, Consulting Services and Free Services.
• “Start Date” shall mean the date of commencement of the Subscription Services.
• “Subscription Fees” shall mean the fees payable by you for the Subscription Services.
• “Subscription Services” shall mean all of we360.ai’s web and mobile based marketing and sales applications, tools and platforms that you have subscribed to and are developed, operated and maintained by us, accessible via https://we360.ai or another designated URL, and any ancillary products and services that we provide to you. The details of the Subscription Services shall be as set out in the Order Form.
• “Subscription Term” shall mean the initial term for the subscription to the applicable Subscription Services, as specified in the relevant Order Form, and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services
• “Terms of Service” shall mean this Terms of Service entered into between we360.ai and you in respect of the Services, along with any modifications that may be notified from time to time.
• “Users” mean individual people or accounts that are designated and authorized by you to access Subscription Services

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SCOPE OF SERVICES

Subscription Services

• During the Subscription Term, we will provide you access to use the Subscription Services in accordance with these Terms of Service and the relevant Order Form. You may, at any time, subscribe to additional features of the Subscription Services (existing features or new features that may be made available by us from time to time) by executing an additional Order Form. We may update the Platform from time to time, without adversely affecting the Subscription Services. We, however, are under no binding obligation to release new features or updates to the Platform. We make no representations as to future features and functionalities, irrespective of any public announcements or comments in this regard
• Subscription Services will be made available 24 hours a day, 7 days a week, except for Planned Downtime or Force Majeure.

Consulting Services

• Consulting Services will be provided by us in accordance with the relevant Order Form. Unless otherwise agreed, Consulting Services will be performed remotely and rendered in English.
• Third Party Service Providers or Third-Party Software
• We may use third-party service providers, including application service providers and hosting service providers, for rendering any of the Services hereunder without seeking further consent from you, but we will continue to be responsible for such Services. We, will however, not be responsible for any third-party service providers engaged by you or any third-party software that may be procured by you, whether with or without our consent and notwithstanding that the same may be integrated with the Services.

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USE OF SUBSCRIPTION SERVICES

Grant of Rights

1. We grant you a non-transferable, non-exclusive, worldwide right to permit Users authorized by you to access and use the Services in accordance with these Terms of Service, the relevant Order Form and all laws and regulations applicable to you

Acceptable Use

1. You will comply with the Acceptable Use Policy. Specifically, you will not:
2. Use or launch any automated system, including, “robots”, “spiders”, or “offline readers”, that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
3. Use the Subscription Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Subscription Services.
4. Attempt to gain unauthorized access to the Subscription Services.
5. Make the Services available to anyone other than authorized Users.
6. Sell, resell, rent or lease the Services unless explicitly permitted in the relevant sales Order Form.
7. Use the Services to store or transmit infringing or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.
8. Use the Services to store or transmit malicious code.
9. Access the Subscription Services other than through the interface provided by us.
10. Create derivative works based on the Services or the Software unless we have been explicitly authorized by you.
11. Reverse engineer the Services or the Software or access the Services in order to: (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
12. Use the Subscription Services for any purpose or in any manner that is unlawful under applicable laws or prohibited by under these Terms of Service.

Service Overuse

1. We reserve the right to monitor and audit your usage of the Services to determine if the use is within relevant Service Usage Limitations. Any overuse of Services, if technically permitted, will be brought to your notice and may lead to pro-rata additional billing or suspension of the Services, or both.
2. Intimation of Unauthorized Use
3. You are responsible to ensure that the Services are used in accordance with these Terms of Service and will notify us immediately of any unauthorized use of your account or User’s identifications and passwords by sending an email to legal@we360.ai.

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FEES AND PAYMENT TERMS

‍Unless otherwise agreed in the relevant order form, you shall pay us the amounts set out below as fees for the Services:

Subscription Fees

• Towards Subscription Services, you will pay the Subscription Fees set out in the relevant Order Form. The Subscription Fees will remain fixed during the Subscription Term unless:

1. There is an overuse of the Services, whereby you exceed the maximum contacts, email send limit, visits, User or other applicable limits, as set out in the relevant Service Usage Limitations.
2. You upgrade products or base packages.
3. You subscribe to additional or new features or new packages or products, including additional contacts.

• In case of overuse of Subscription Services, we shall be entitled to charge an additional fee for such overuse on a pro-rata basis. You will also be provided an option to modify the relevant sales order form and enhance the permitted usage limits prospectively
• Additional fees for new features or additional Subscription Services will be charged pro-rata for the remainder of the Subscription Term.
• Subscription enables you to use the Subscription Services during the Subscription Term. In case usage of the Services is below the Service Usage Limitations or in case you discontinue use of the Services during the Subscription Term, we are not liable to refund any Subscription Fees
• The Subscription Fees will remain unchanged during the Subscription Term of the Order Form and be subject to escalation only at the time of each renewal, at the rate set out in the relevant Order Form

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‍Consulting Fees and Expenses

• Any fee associated with Consulting Services will be captured in the relevant Order Form.
• For Consulting Services performed on-site, you will reimburse us for all costs and expenses incurred in connection with rendering the Services

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‍Payment Terms

• All Subscription Fees are due and payable in advance throughout the Subscription Term, prior to the commencement of the relevant Billing Cycle, as set out in the relevant Order Form. All Consulting Fees shall be due and payable prior to the commencement of Services pursuant to the relevant Order Form.
• In case Services are being procured for only a portion of a month during initiation of Services, the Subscription Fees will be charged pro-rata
• All other payment terms shall be as set out in the relevant Order Form
• Service Fees are non-refundable and payment obligations under an Order Form are non-cancellable unless expressly set out otherwise in the relevant Order Form

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‍Payment Information and Authorisations

• You will provide accurate credit card, debit card or bank information as may be needed to process the payment of the Service Fees. You will also update us about any change in the payment information that may impact processing of payment in current or subsequent Billing Cycles. We are not responsible for any failures or delays in payment processing due to inaccurate information furnished by you.
• If you are paying by credit card, you authorize us to:
• charge your credit card or bank account for all Service Fees payable during the Subscription Term.
• auto-charge for renewal of subscription unless you have made an explicit request to cancel the subscription at least 15 (fifteen) days prior to the renewal date. Any cancellation requests after auto-charge for subscription renewal will not lead to a refund.
• use a third party to process payments, and you further consent to the disclosure of your payment information to such third party.

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‍Invoicing

• We will invoice you prior to the beginning of the initial Subscription Term and prior to the delivery of Consulting Services, if any. Thereafter, we will invoice you no more than thirty (30) days before each subsequent Billing Cycle or each renewal of the Subscription Term or at such other times when fees are payable. All amounts invoiced are due and payable within 7 (seven) days from the due date of the invoice, unless otherwise specified in the relevant Order Form.
• In case of delayed payments, we will be entitled to apply interest at (i) 1.5% (one-point-five percent) per month; or (ii) the maximum permissible under law, whichever is higher.

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‍Taxes

• All Service Fees are exclusive of applicable taxes, levies, cesses and other charges applicable thereon, which shall be borne by you.
• You agree to provide us any tax registration numbers held by you that we may require for our records.
• If you are required to deduct or withhold any tax, you will pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
• Service Overuse
• We reserve the right to monitor and audit your usage of the Services to determine if the use is within relevant Service Usage Limitations. Any overuse of Services, if technically permitted, will be brought to your notice and may lead to pro-rata additional billing or suspension of the Services, or both.
• Intimation of Unauthorized Use
• You are responsible to ensure that the Services are used in accordance with these Terms of Service and will notify us immediately of any unauthorized use of your account or Users’ identifications and passwords by sending an email to legal@we360.ai.

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Refund Terms

• We have a 7 days full refund policy from the date of your first purchase if you have opted for the services without taking a free trial.
  
• Partial refund is applicable under your subscription period if We360.ai is non-operational for consecutive 7 days.
  
• In case of purchase made under a discounted rate/on-going offer period then no refund policy will be followed.
  
• All refunds will be applicable if the refund is raised within 7 days of your first purchase.

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‍OWNERSHIP AND PROPRIETARY RIGHTS

we360.ai Rights

• We own or have rights to all worldwide intellectual property rights in and to the Subscription Services, Consulting Services, we360.ai Application/Platform and Software (including all derivatives or improvements thereof). All suggestions, enhancement requests, feedback, recommendations or other inputs provided by you or any other party relating to the Services or Software shall be owned by us, and you hereby do and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. Any rights not expressly granted herein are reserved by us.
• You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Subscription Services or the Consulting Services, in whole or in part, by any means, except as expressly authorized in writing by us

Your Rights

• You hereby permit us to use your name, website address and logo in our marketing material including website, email campaigns, brochures etc. during and after active engagement.
• Using your name and logo
• You hereby permit us to use your name, website address and logo in our marketing material including website, email campaigns, brochures etc. during and after active engagement.

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‍CONFIDENTIALITY

Confidential Information

• As used herein, “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 Services; and Confidential Information of each Party shall include the terms and conditions of these Terms of Service and all Orders Forms as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such Party. However, Confidential Information (other than Customer 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

• The Receiving Party shall use the same degree of care to protect Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care). It shall not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms of Service and except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its service providers’ employees, consultants, contractors and agents who need such access for purposes consistent with these Terms of Service and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

‍CUSTOMER DATA PROTECTION

• No Sensitive Information
• You represent that you shall not use the Subscription Services to collect, manage or process Sensitive Information and shall be solely responsible with regard to the nature and extent of the information collected from your clients and potential clients.
• Application of EU-GDPR
• To the extent we process any Customer Data to which the provisions of the European Union’s General Data Protection Regulation apply, the terms of the Data Protection Addendum will apply. You agree that we may process the Customer Data in any location of we360.ai, its affiliates, partners, and service providers, in accordance with the terms of the Data Protection Addendum.
• Restricted use of Customer Data
• We will not use, or allow anyone else to use, Customer Data to contact any individual or company except as directed or otherwise permitted by you. We will use Customer Data only in order to provide the Subscription Services and Consulting Services and only as permitted by applicable law, these Terms of Service, and the Privacy Policy, as set out at https://we360.ai/privacy-policy.
• Aggregate and anonymized data
• We may monitor the use of the Subscription Services by all our customers and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify you.
• Security Measures
• We will adopt and maintain appropriate organizational and technical safeguards for the protection of the security, confidentiality, and integrity of Customer Data.

‍TERM, RENEWAL, SUSPENSION, AND TERMINATION

• These Terms of Service shall be effective from the Effective Date and be binding between you and we360.ai till the completion of all the obligations undertaken pursuant hereto unless terminated earlier in accordance with the terms hereof.
• The Subscription Term shall commence on the Start Date set out in the relevant Order Form and be valid for the period specified therein. The Subscription Term will renew automatically for a further subscription period or 1 (one) year, whichever is lesser, unless (i) you send a non-renewal notice in writing to sales@we360.ai at least 15 (fifteen) days prior to the approaching renewal; or (ii) an explicit renewal Order Form captures a different Billing Cycle. If you add new products or functionalities during the Subscription Term, they will renew along with the Subscription Term, unless otherwise indicated in the relevant Order Form
• The term of Consulting Services will be as set out in the relevant Order Form. If you procure Consulting Services that recur, they will be considered part of the subscription and will renew along with the Subscription Term.
• Free Services, if made available, will generally be provided for the agreed trial period or the Start Date of the Subscription Services, whichever is earlier. We may, however, suspend or terminate the Free Services for any reason at any time without notice.
• Accounts pertaining to subscriptions that are not renewed in accordance with these Terms of Service shall be deactivated and permanently deleted after a period of 30 (thirty) days from the date due for renewal.
• No Termination without Cause
• Neither Party will terminate these Terms of Service, a Subscription Term, or an Order Form for Consultancy Services without cause or for convenience prior to the expiry of the relevant term. In case you choose to stop using any of the Services before the expiry of the relevant term, you may do so, without we360.ai being liable to refund any Services Fees already paid. Notwithstanding the applicable Billing Cycle, you will be liable to pay all Service Fees payable for the remainder of the Subscription Term
• Suspension of Services
• We may suspend access to your account after giving 15 (fifteen) days prior written notice to you, in case any amounts remain due and payable upon completion of the payment period set out in these Terms of Service or the relevant Order Form.
• We may also suspend access to your account with immediate effect if (i) there is unauthorized access to your account; (ii) there is a violation of the Acceptable Use Policy; (iii) your use of the Services is in violation of applicable laws or regulations, or (iv) your use of the Services poses a risk to the Platform or other users of the Services.
• If the reason for the suspension continues for a period of 15 (fifteen) days, we may proceed to terminate these Terms of Service or the relevant Order Form, without prejudice to other remedies that may be available under these Terms of Service or applicable laws.
• Termination for Cause
• Either Party may terminate these Terms of Service or an Order Form for cause: (i) upon 30 (thirty) days prior written notice to the other Party on grounds of a material breach, if such breach remains uncured at the expiration of such period; or (ii) immediately, if the other party becomes the subject of insolvency, bankruptcy, liquidation or other such proceedings and the same are not stayed by a competent court within a period of 6 (six) months therefrom.
• Consequences of expiry/termination
• Upon expiry or termination of any of the Services, all payments that are due and payable therefor shall immediately become due and payable, irrespective of the Billing Cycle. We shall not be liable to provide any refunds to you, except, where you have terminated on grounds of our material breach, we shall refund pro-rata any Subscription Fees for the unexpired portion of the Subscription Term.
• For a period of 30 (thirty) days following expiry or termination, we will retain the data stored by you on the Platform. Within this period, you can request us to keep the account active for an additional fee or provide a copy of the contacts stored in your account. Upon completion of the aforementioned period of 30 (thirty) days, we will permanently delete all data in your account, without retaining any copy thereof. You agree that we are not liable for any such deletion of data.
• In respect of Free Services, we do not undertake to provide any access to or copy of the data stored in your account post-expiry or termination of the access; all such data will be deleted from the Platform.
• All terms hereof, which by their nature survive termination (including but not limited to terms pertaining to intellectual property rights, data privacy, confidentiality, indemnity, and dispute resolution) shall survive the expiry or termination of these Terms of Service.

‍INDEMNITY

• We shall defend, indemnify and hold you harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims, demands, suits, or proceedings made or brought against you by a third party alleging that the use of the Services as contemplated hereunder infringes the intellectual property rights of such third party; provided that you (i) promptly give us written notice of the claim; (ii) give us sole control of the defense and settlement of the claim (we shall however not settle any claim unless it unconditionally releases you of all liability); and (c) provide us, at our cost, all reasonable assistance.
• You shall defend, indemnify and hold us harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with claims, demands, suits, or proceedings made or brought against us by a third party alleging that Customer Data or your use of the Services infringes the privacy rights or intellectual property rights of, or has otherwise harmed, a third party or violates any law or regulation; provided, that we (i) promptly give you written notice of the claim; (ii) give you sole control of the defense and settlement of the claim (you shall however not settle any claim unless it unconditionally releases us from all liability); and (c) provide you, at your cost, all reasonable assistance.

‍DISCLAIMERS & LIMITATIONS OF LIABILITY

Disclaimer of Warranties

• WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SUBSCRIPTION SERVICES, DATA MADE AVAILABLE FROM THE SUBSCRIPTION SERVICES, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICES AND CONSULTING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICES AND THE CONSULTING SERVICES, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

• IN NO EVENT SHALL EITHER PARTY, ITS DIRECTORS, OFFICERS, OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS (INCLUDING SUBSTITUTION OF SERVICES) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY THIRD PARTY SERVICES DELIVERED IN CONNECTION HEREWITH EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY; AND IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE LIABILTY HEREUNDER (OTHER THAN FOR CLAIMS FOR INDEMNITY AND PAYMENT OF FEES DUE) EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO we360.ai IN THE 6 (SIX) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH CLAIM OR INR 10000, WHICHEVER IS LESSER.

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‍GENERAL PROVISIONS :

• FORCE MAJEURE. Neither Party shall be responsible for failure or delay in performance if caused by Force Majeure, except in respect of payment obligations hereunder. Each Party will use reasonable efforts to mitigate the effect of a Force Majeure event.
• COMPELLED DISCLOSURE. We reserve the right at all times to disclose any information, including Customer Data and Confidential Information, when compelled to do so by any applicable law, regulation, legal process, or governmental request; however, we shall, if permissible, provide you notice of the same.
• SEVERABILITY. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, or for any reason invalid, void, or unenforceable, the remainder of the provisions shall, to the extent practicable, remain in full force and effect and Parties will negotiate in good faith to amend such invalid, void or unenforceable provision to give effect to the intended purpose of such provision in accordance with applicable laws.
• RELATIONSHIP BETWEEN THE PARTIES. No joint venture, partnership, employment, or agency relationship is created between you and we360.ai as a result of these Terms of Service or use of the Services.
• ASSIGNMENT. You may assign your rights here under in the event of a merger or acquisition of all or substantially all of your assets; in all other cases, our prior written approval shall be required for assignment and the same shall not be unreasonably withheld. We may assign these Terms of Service to any affiliate or in the event of a merger, reorganization, sale of all or substantially all of our assets, change of control, or operation of law; in all other cases, your prior written approval shall be required for assignment and the same shall not be unreasonably withheld.
• NO WAIVER. The failure of either Party to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such Party in writing.
• NOTICE. Any notice or other communication required or permitted under these Terms of Service shall be given in writing to the other Party at the address set out below via hand delivery or by registered post acknowledgment due. Notices shall be effective upon receipt. However, notices pertaining to the use of the Services, including overuse and payments, may be sent by email only to the address set out below.
• Name: Zenstack Private Limited Address: 206-207, 2nd Floor, Corporate Zone, C21 Mall, Hoshangabad Road, Misrod, Bhopal, Madhya Pradesh, India Email: legal@we360.ai Attn: Legal Department – we360.ai.

‍GENERAL PROVISIONS:

• These Terms of Service shall be governed by and construed in accordance with the laws of India. Parties shall try to resolve any dispute arising out of or in relation to these Terms of Service by mutual discussions, failing which the same shall be submitted to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bhopal and the language of arbitration, is English. Subject to the foregoing, the courts at Bhopal, India shall have exclusive jurisdiction.
• While we do provide an auto-update mechanism, it may not happen on certain devices due to external factors. Customers without MDM or Software Management solutions are requested to manually update such affected devices.

‍ENTIRE AGREEMENT:

• These Terms of Service, including its Order Forms, the Privacy Policy, the Acceptable Use Policy, and any additional Order Forms, modifications, or addenda that may be agreed to from time to time constitute the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Any additional or different terms set out in a purchase order or any future correspondence shall not be binding on us. Any modification to these Terms of Service shall be notified to you within the we360.ai Application used to access your Subscription Services and by posting a revised copy on our website. Any modification to an Order Form shall be as mutually agreed to by the Parties. ORDER OF PRECEDENCE. In the event of any conflict between these Terms of Service and the terms of an Order Form, the Order Form shall prevail solely with respect to the subject matter thereof. CONTACT INFORMATION. You can contact us at legal@we360.ai.  

LIMITER LICENSE

• Obliging to T&C’s mentioned on this page, we give limited rights to you for displaying the contents/ materials of this application/page, however you should make sure that this will not interrupt the operation of the website/application in any way

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