1. INTRODUCTION

360 Degree Cloud Technologies Pvt. Ltd (“360 Degree Cloud”) will be offering the SMS/ Consulting services with its principal office at SCO -11/12, Second Floor, Sector - 16. Faridabad, India to its clients based on the T&C mentioned in this document.

2. INTERPRETATION

The words and phrases listed below shall bear the following meanings in terms and conditions, unless the context clearly indicates otherwise:

“Application” or “App” shall mean the 360 SMS App available on App Exchange, natively built for Salesforce Platform. The app allows Salesforce users to send Text Messages to any mobile/Text Enabled number stored in any standard or custom object of Salesforce.

“End User” or “Recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a Salesforce User using the Service.

“Services” shall mean sending and receiving SMS messages and other related features made available through the Application.

“SMS/Text Messages” means a short message service provided by means of a text or data message to the cellular handset or a Text enabled number.

“User Data” means data on Salesforce related to the app in SMS History records, SMS Templates and mobile numbers used to send and receive message.

“Website” shall mean the 360 Degree Cloud’s website http://360degreecloud.com/.

3. LICENSE

Till the end date of validity of this Agreement, 360 Degree Cloud allows you to send and receive messages using the app based on agreement of below points

Intellectual property

360 Degree Cloud retain all ownership and intellectual property rights to the Software and Licensed Property. Third party technology that may be appropriate or necessary for use with the Licensed Property is specified in the Documentation. Such third party technology is licensed to you under the terms of the third party technology license agreement specified in the program documentation and not under the terms of this Agreement. Any Authorized User data collected by the Customer using the Licensed Property shall remain the property of Customer.

Customer agrees that the Software and all associated trade secrets, including but not limited to the Licensed Property, its configurations, architecture, communications and performance benchmarks, are the exclusive property of 360 Degree Cloud. Customer agrees not to disclose, disseminate, transmit via any medium whatsoever, or make available the Software, Licensed Property or any associated trade secrets to any third party without 360 Degree Cloud prior written consent

4. Acceptable Use Policy

This Acceptable Use Policy describes actions that 360 Degree Cloud prohibits when any party uses the 360 Degree Cloud Services. The 360 Degree Cloud Services may not be used in any illegal, abusive or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited. This list is provided by way of example and should not be considered exhaustive.

1. Attempting to bypass or break any security mechanism on any of the 360 Degree. Cloud Services or using the 360 Degree Cloud Services in any other manner that poses a security or service risk to 360 Degree Cloud or any of its users.
2. Testing or reverse-engineering the 360 Degree Cloud Services in order to find. Limitations, vulnerabilities or evade filtering capabilities. Launching or facilitating, whether intentionally or unintentionally, a denial of service.
3. Attack on any of the 360 Degree Cloud Services or any other conduct that adversely impacts the availability, reliability or stability of the 360 Degree Cloud Services.
4. Transmitting any material that contains viruses, Trojan horses, worms or any other. Malicious, harmful, or deleterious programs.
5. Using the 360 Degree Cloud Services in any manner that violates any applicable. Industry standards, third party policies or requirements that 360 Degree Cloud may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
6. Engaging in any unsolicited advertising, marketing or other activities, including without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
7. Using the 360 Degree Cloud Services in connection with any unsolicited or harassing. Messages (commercial or otherwise) including but not limited to unsolicited SMS or text messages.
8. Using 360 Degree Cloud Services to harvest or otherwise collecting information about. Others, including email addresses or phone numbers.
9. Using 360 Degree Cloud Services to engage in fraudulent activity with respect to third. Parties. Violating or facilitating the violation of any local or foreign law, including laws. Regarding the transmission of data or software.
10. Taking any action to encourage or promote any activity prohibited under this. Acceptable Use Policy.
11. Transmitting any material that infringes the intellectual property rights or other rights of third parties.
12. Transmitting any material that is libelous, defamatory, discriminatory or otherwise. Malicious or harmful to any person or entity.
13. Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to conceal the identity of the sender or the origin of a message or phone call.

Moreover

1. You may not use our services to harm 360 Degree Cloud or anyone else.
2. You may not use our services in any way that is not authorized by 360 Degree Cloud.
3. You may not use our services to send, receive or process Protected Health Information in a way that violates the Health Insurance Portability and Accountability Act of 1996.

5. Loss and/or Damages

1. In no event will 360 Degree Cloud be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of business profits, business interruption or any other pecuniary loss) arising out of the services provided by 360 Degree Cloud.

6. PRIVACY POLICY

360 Degree Cloud does NOT store any of the client's data at it's end. The 360 SMS App uses multiple Texting Providers to Send/ receive messages, and use encryption to send & receive information.

Within the 360 SMS App we don't touch your Salesforce's internal data. We have provisioned a separate 'SMS History' object in which you hold the record of all message Sent/ Received. We never update your Salesforce records and retain messages on this ‘SMS History’ object only. We strictly follow HIPPA COMPLIANCE for security of data.

7. REFUND

After purchasing the app, you can apply for a refund within 7 days of making the purchase. If you purchase virtual numbers or opt for BYON then in any case, the cost of the numbers is non- refundable. For refund, you can send an email to finance@360degreecloud.com.