License Agreement / Terms & Conditions:

Accepting of Terms:

This Master Subscription Agreement (this “Agreement”) contains terms and conditions that govern your purchase of subscriptions to, and use of, the Services (as defined in Section 2 below), and is a contract between Apport Software Solutions Private Limited (“SalesHiker“), and you or the entity or organization that you represent.

SalesHiker (Hereinafter Referred to as “Platform”, “Mobile Application”, “SalesHiker”) is a Website & Mobile-Based Client Communication integration platform owned and operated by Apport Software Solutions Private Limited (Hereinafter Referred to as “SalesHiker”, “we”, “us”, or “our”).

This document is a legally binding document between Registered or Unregistered User of the Platform (Hereinafter referred to as “You”, “Your”, “User”) and us in relation to use of the platform and sets forth the terms and conditions by which you may access and use the platform and our related websites, services, applications, products, and content (Collectively, the “Services”).

If you are an individual using the Services for your own purposes: (1) all references to “Customer/Clients/you/your/user” are to you; and (2) you represent and warrant that you are at least 18 years of age or have otherwise reached the age of “majority” where you reside, and that you have the right, power, and authority to enter into this Agreement.

If you are using the Services on behalf of an entity or organization that you represent: (1) all references to “Customer/Clients/you/your/user” are to that entity or organization, and (2) you represent and warrant that you are at least 18 years of age or have otherwise reached the age of “majority” where you reside, and that you have the right, power, and authority to enter into this Agreement on behalf of the entity or organization.

If you sign up for the Services, then: (a) you will be deemed to represent your employer or that entity; (b) your click to accept will bind your employer or that entity to this Agreement; and (c) the word “Customer/Clients/you/your/user” in this Agreement will refer to your employer or that entity.

This Agreement becomes binding and effective on the user upon the earliest of: (1) when you access or use the Services; (2) when you click an “I Accept”; “Sign up” or similar button or check box referencing this Agreement.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions

The terms of this document will be effective upon your acceptance of the same (directly or indirectly in electronic form, by use of the platform and/or by creating a registered account on the platform (hereinafter referred to as “account”) and will govern the relationship between you and us for your use of the platform and the services rendered therein

This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is not published in accordance with the provisions of the General Data Protection Regulation 2016/679 (“GDPR”). Thereby, if you are a resident of the European
Union (“EU”), you acknowledge that we do not extend our services to EU territories. Further, we do not represent and warrant to you that we are GDPR compliant.

Please read this document carefully. By using the platform and our services, you indicate that you understand, agree, and consent to this document. If you disagree with the terms of this document, please do not use this platform. You hereby provide your unconditional consent or agreements to us, as provided under section 43A and section 72A of the Information Technology Act, 2000, to access and use the personal information that you have voluntarily
provided to us in connection with the use of the platform and the services.

By providing Us with Your information or by making use of the Platform and the Services provided therein, You hereby consent to the collection, storage, processing, and transfer of any or all Personal Information (Defined in Our Privacy Policies) and Non-Personal Information by Us as specified under this document and further agree that such collection, use, storage, and transfer of information shall not cause any loss or wrongful gain to You or any other person.

If You are using the Services as an employee, agent, or contractor of a corporation, partnership, or similar entity, then You represent and warrant that You have the authority to sign for and bind such entity in order to accept these Terms of Use.

Your access to the Platform and use of Our Services is also subject to Our Privacy Policy (before signing up) and Privacy Policy (after/during signing up), the terms of those privacy policies can be found directly on the Platform (https://saleshiker.io/privacy-policy) and are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other

communications We provide to You electronically satisfy any legal requirement that such communications be in writing.

Before You use or subscribe to, and/or begin participating in or using the Platform, it is represented and warranted that You as the User of the Platform have or have fully read, understood, and accepted the Terms of Use as updated from time to time without any notice to You. You are advised to review these Terms of Use periodically for any updates. We shall make reasonable efforts to notify You regarding the amendments to the Terms of Use through a notice on the Platform. Your continued access to the Platform and/or use of the Services from the date of the updated Terms of Use shall be deemed to be Your acceptance of the updated Terms of Use. If You do not agree to or wish to be bound by the updated Terms of Use, You may not access or otherwise access the Platform or use the Services.

We may, from time to time, release new versions of the Platform or release/introduce new and additional scope of Services which will be subject to these Terms of Use, and any additional terms of Service as may apply to such additional new version or Services.

SalesHiker Services:

The SalesHiker Platform facilitates access and usage of a secure and easily accessible virtual software hosted in the cloud, which allows Users who have subscribed to our subscription plan to integrate all client communications within a unified platform, utilizing the functionalities provided by WhatsApp Business API. By accepting these terms, you acknowledge and consent to the dependency of the Platform on the services provided by WhatsApp Business API for the delivery of our Services to Users. Consequently, any alterations or updates made to the
WhatsApp Business API may impact our ability to provide the Services, potentially leading to disruptions or limitations. Please note that the Platform has no control over the delivery of services by WhatsApp Business API or their technical configuration.

Services include but are not limited to:

  • Broadcast and Bulk WhatsApp Messaging
  • Unified WhatsApp Channel for Your Team
  • 24*7 Automated Chat Assistance (ChatBot)
  • Detailed Productivity Reports
Conversation Charges:

The conversation charges are determined by Meta Platforms, Inc., formerly known as Facebook, Inc. If Meta changes or updates its pricing, the conversation charges will be adjusted accordingly.

SalesHiker has no control over the pricing decisions made by Meta Platforms, Inc. We reserve the right to change the conversation charges if Meta changes its pricing, and we will not be held liable for refunds of SalesHiker Subscription charges or damages in such cases.

Hence, we suggest users kindly understand the conversation pricing carefully, as mentioned on our website, and subscribe to the SalesHiker plan only after thoroughly comprehending the conversation costs. It is essential to clearly understand the conversation cost before subscribing to our SalesHiker plan.

Subscription of Plan:

To avail SalesHiker Services, the user will sign up and choose an appropriate plan from the subscription plans available from time to time and shall agree to pay the applicable fee as mentioned in the chosen subscription plan (“Subscription Fee”). The Subscription Fee shall be paid by You on a monthly/annual basis, within seven (7) days from the invoice date. Your subscription to SalesHiker Services will renew automatically unless the account is terminated. Payment obligations are non-cancelable, regardless of utilization by You, and except as expressly permitted in these Terms of Use, Subscription Fee paid are non-refundable.

The Subscription Fee does not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes accessible by any local, state, provincial, or foreign jurisdiction (collectively “Taxes”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent We are legally required to collect the same, will be itemized on the invoice.

The Subscription Fee does not include any charges that Meta Platforms, Inc. charges for Template Messages or Conversations.

Upgrades:

You may upgrade between the Subscription Plans. When You upgrade, the new Subscription Fees become immediately applicable. Upon upgrade, the new Subscription Fees for the subsisting month will be charged on a pro-rated basis and shall be payable in accordance with these Terms of Use. Subsequent months will be charged in full according to the new Subscription Fees, and any credits will be adjusted appropriately.

WhatsApp Business API:

The User agrees and acknowledges that SalesHiker has partnered with WhatsApp Business Service Providers to provide the Services through the Platform. The User understands and agrees that the

Subscription of Plan:

To avail SalesHiker Services, the user will sign up and choose an appropriate plan from the subscription plans available from time to time and shall agree to pay the applicable fee as mentioned in the chosen subscription plan (“Subscription Fee”). The Subscription Fee shall be paid by You on a monthly/annual basis, within seven (7) days from the invoice date. Your subscription to SalesHiker Services will renew automatically unless the account is terminated.

Payment obligations are non-cancelable, regardless of utilization by You, and except as expressly permitted in these Terms of Use, Subscription Fees paid are non-refundable

The Subscription Fee does not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes accessible by any local, state, provincial, or foreign jurisdiction (collectively “Taxes”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent We are legally required to collect the same, will be itemized on the invoice.

The Subscription Fee does not include any charges that Meta Platforms, Inc. charges for Template Messages or Conversations.

Upgrades:

You may upgrade between the Subscription Plans. When You upgrade, the new Subscription Fees become immediately applicable. Upon upgrade, the new Subscription Fees for the subsisting month will be charged on a pro-rated basis and shall be payable in accordance with these Terms of Use. Subsequent months will be charged in full according to the new Subscription Fees, and any credits will be adjusted appropriately.

WhatsApp Business API:

The User agrees and acknowledges that SalesHiker has partnered with WhatsApp Business Service Providers to provide the Services through the Platform. The User understands and agrees that the Platform is integrated with WhatsApp API and that We may share certain Registration Data with WhatsApp. We disclaim any liability caused by the use of WhatsApp API by You through the Platform. Further, You shall agree to adhere to the following terms and
conditions set by WhatsApp for the usage of WhatsApp Business:

You understand and agree that WhatsApp may update its policies, including but not limited to WhatsApp Business Policy, without notice; by continuing to use the WhatsApp Business Products through our Platform after such change, You consent to such changes. You represent and warrant that You are not in violation of the WhatsApp Commerce Policy and do not come under the purview of any of the restricted industries under WhatsApp commercial policy. You acknowledge that WhatsApp Business may add limits to businesses on the number of
messages to send per day as per its policy. Further, WhatsApp has the absolute discretion to review, approve or reject any WhatsApp Message Templates (as defined in WhatsApp documentation) at any time submitted by You;

WhatsApp does not offer a way to be notified when a WhatsApp user has blocked Your sender, or to retrieve a list of WhatsApp users who have blocked You;

Any violation of the WhatsApp policies may lead to the suspension of Your WhatsApp account. WhatsApp has absolute discretion to limit or remove Your access to or use of the WhatsApp Business API and other WhatsApp Business Products if You receive excessive negative feedback, cause harm to WhatsApp or WhatsApp’s users, or violate or encourage others to violate our terms or policies, as determined by WhatsApp in our sole discretion. If WhatsApp terminates your account for violations of relevant WhatsApp Business terms or policies, WhatsApp may prohibit You and Your organization from all future use of WhatsApp Business API and other WhatsApp Business Products.

We shall take no responsibility in case of any such violations. Any additional charges arising due to this shall be borne by You.

Cancellation & Refund:

All monthly, quarterly, yearly, and multi-year subscriptions renew automatically on their due renewal date according to the date of purchase until officially canceled in writing. Customers may cancel anytime by emailing a notice to support@saleshiker.com .

Important: No refunds or credits for partial months or years of service will be refunded to a customer upon cancellation.

In case the amount remains outstanding for more than fifteen (15) days from the date of activation of services (for first-time users) & more than one (1) day for auto-renewal cases, the company reserves the right to cancel the subscription.

Intellectual Property Rights:

The copyright, database rights, and other forms of intellectual property concerning the Platform, products, and Services, including all content presented on the Platform such as the Onboarding Guide, Registration Data, text, graphics, logos, button icons, images, audio, clips, digital downloads, software, data compilations, and associated technology (“Intellectual Property”), are the possession of Us, Our affiliates, or licensors. These rights are safeguarded by the laws of India and/or other foreign jurisdictions. The complete rights not explicitly granted in these Terms of Use are reserved by Us and Our licensors.

The software employed on the Platform constitutes Our Intellectual Property and is shielded by both Indian and international copyright regulations.

Within the parameters of these Terms of Use and exclusively as permitted by Us, We offer You a restricted, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to access and utilize the Platform and the Services it provides for personal purposes. This license does not encompass any form of redistribution, resale, or commercial utilization of the Platform.

You are prohibited from re-utilizing the Platform’s Services or systematically extracting any part of the content. Usage of robots, data mining, or extraction tools for repurposing the Platform is not allowed. Furthermore, You are not permitted to publish anything that incorporates elements of the Platform (such as Our Services and their prices) without obtaining our prior written consent.

The trademarks “SalesHiker” and “Apport Software Solutions Private Limited,” as well as their local language versions, along with certain product names visible on this Platform (collectively referred to as the “Apport Software Solutions Private Limited Marks”), are either trademarks or registered trademarks owned by Apport Software Solutions Private Limited. Except as explicitly stipulated in these Terms of Use or with Our written authorization, You are prohibited from using any Apport Software Solutions Private Limited Marks or Apport Software Solutions Private Limited’s Intellectual Property, either individually or in combination with other words or design elements. This includes their use in press releases, advertisements, promotional materials, or any form of media.

Mentions of other parties’ trademarks on this Platform, including but not limited to payment service providers and other service providers, are solely for identification purposes. These mentions do not signify that such parties have endorsed this Platform or any of its Services. These Terms of Use do not grant You the right to utilize the trademarks of these third parties.

Representations and Warranties:

You represent and warrant that:

  • You possess full capability and competence to engage in these Terms of Use and possess the entitlement, authorization, and capacity to participate in and be bound by these Terms of Use. Furthermore, you commit to adhere to the stipulated terms and conditions presented herein.
  • You agree not to exceed the intended functionality of the Services.
  • You shall refrain from trying to access the Services, networks, servers, or computer systems linked to the Services without proper authorization.
  • Usage of the Services in a manner that could cause damage or impairment to (i) the Services themselves, or (ii) the foundational systems and security measures, is prohibited.
  • Engaging with the Services in an unlawful fashion or in a way that supports or encourages illegal activities, such as copyright infringement or data theft, is against the terms.
  • Without our explicit consent, you will not exploit any intellectual property, whether owned by us or third parties. This includes refraining from using copyrighted content displayed on the Platform for personal or third-party gain.
  • Modification, adaptation, translation, or reverse engineering of any segment of the Services, like creating a mimic site or Website that closely resembles said Services, is not allowed.
  • You commit to promptly informing us in case your Mobile Contact Number is listed in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), following the Primary Registration.
  • You acknowledge that any calls or text messages received from us on your Mobile Contact Number are not unsolicited.
  • You will avoid taking actions or refraining from actions that could result in liability for us or the loss (partially or entirely) of services from our Internet service providers (ISPs) or other partners, suppliers, contractors, vendors.
Limitation of Liability:

Under no circumstances will We, Our affiliates, licensors, or any agents, employees, officers, directors, corporate partners, or participants associated with such parties be held liable for any direct, indirect, incidental, consequential, special, or exemplary damages that may arise in connection with Your use of or inability to use the platform. This includes, but is not limited to, any potential loss of profit (whether incurred directly or indirectly), loss of goodwill, loss of opportunity, or any loss of data experienced by You. Even if You have been advised of the possibility of such damages, the aforementioned parties shall not be held accountable

We shall not be held liable for any loss or damage incurred by You due to various reasons, including but not limited to: Your reliance on the completeness, accuracy, or existence of any advertising; any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the service; any changes made to the services by Us; any permanent or temporary cessation in the provision of the services or any features within the services; the deletion, corruption, or failure to store any content and other communication

Force Majeure:

We shall be relieved of all our responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control, including, without limitation, acts of god, war, equipment, and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, epidemics, pandemics, lockdown (state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control.

General:

All notifications must be provided to Us via email, or for all communications to be considered valid, You must provide notifications to Us via email, or to You at the email or postal address you provided.

In order for any waiver to be considered valid regarding Our rights or remedies under these Terms of Use, it must satisfy the following conditions: it must be in written form, executed by Our duly authorized representative, and pertain solely to the specific circumstances for which it is granted. The failure on Our part to exercise or enforce any right or remedy under these Terms of Use shall not be interpreted as a waiver of said right or remedy, nor shall it impede any future exercise or enforcement of the same. The utilization of any right or remedy, either in its entirety or in part, shall not impose limitations or constraints on the subsequent exercise of that right, remedy, or any other rights or remedies.

These Terms of Use and Our Privacy Policies referenced herein constitute the entire agreement between the parties regarding the subject matter.

The headings used in these Terms of Use are for convenience only and have no legal or contractual effect. The terms “including” and “includes” mean “including without limitation.”

The provisions stated in these Terms of Use are intended to be interpreted in concordance with one another and in compliance with applicable laws, including those specific to the User’s jurisdiction, to the fullest extent allowed by law. Furthermore, each provision within these Terms of Use is independently enforceable, and the invalidity of any other provisions shall not influence the validity of one provision. If any provision within these Terms of Use is found to be invalid or unenforceable for any reason, the remaining provisions will remain unaffected to the greatest extent permissible under the applicable laws. Should a provision be considered void but capable of being valid with certain parts removed, it shall be applied with necessary modifications to ensure its validity.

By confirming, You assert that no employment, contractor, agency, or partnership association exists between You and Us. We are exclusively delivering the Services based on Your request. Additionally, You affirm that You are either acting on Your own behalf or representing another individual, as outlined in these Terms of Use.

These Terms of Use, along with any dispute or claim arising from or connected with them (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of India. You hereby consent to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, for the resolution of any dispute or claim arising from or related to these Terms of Use.

Contact Us:

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at support@saleshiker.com