Terms of Service
This is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and 19th Mile Capability Solutions Private Limited (hereinafter “19M”) governing your use of 19M software services. This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our Services. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If you do not have such authority, you must not accept this agreement and may not use the services. By accepting this agreement, either by clicking a box indicating your acceptance or by executing an order form that references this agreement or by actually using our Services, you agree to the terms of this agreement.
Employees or affiliates of businesses offering services that directly compete with any of 19M’s services are expressly prohibited from accessing any 19M’s services for competitive research or related activities.
Description of Service
19th Mile ("Service" or "Services") provides a mobile device based sales coaching application for businesses. The application provides coaching recommendations, notifications, explanations, learning content, progress monitoring and several other features that are aimed at helping the user meet his or her sales targets and at increasing sales effectiveness. Besides coaching, the application also enables businesses to manage Leads, Contacts, Organizations, Sales pipeline, Activities and includes a host of features such as Performance & KPI Reports, Access Control, Lead Assignment etc.
You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Subscription to Free Trial
We offer new clients a license to try our product for free ("Trial") for a limited period of time. You are under no obligation to acquire a subscription to use any paid Service as a result of your subscription to Trial.
Subscription to Beta Services
We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that 19M will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
User Sign Up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if 19M has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, 19M may terminate your user account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Communications from 19M
The Service may include certain communications from 19M, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Fees and Payments
After your free trial period ends, and at the end of each 19M subscription period, subscriptions are automatically renewed and billed to the credit card / payment method provided to 19M. If the number of users are increased at any point, the new users will be billed on a pro-rata basis for the subscription period. You can discontinue this subscription, completely or partially, at any time by intimating us in writing or through an automated billing system in the future. Cancellations that are made prior to the end of any subscription period will stop the automatic renewal of your 19M subscription at the end of the subscription period. Your account will remain active until the end of the subscription period that has already been paid for. No refunds can be issued for the unused portion of any subscription period that has already been paid for. We reserve the right to modify subscription fees and to charge for the use of Services that are currently available free of charge.
All migration and initial set-up services are non-refundable.
If upon cancellation of the service, you wish to transfer your data to another cloud infrastructure service provider, this data transfer will be charged as per the data transfer fees levied by 19M’s cloud infrastructure service provider, if any. The charges will depend on the volume of data being transferred and the data transfer charges of 19M’s cloud infrastructure service provider at the relevant point in time.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Treatment of Trial Accounts after the Trial Period is Over
If a paid subscription is not created within 7 days after your trial is completed, we reserve the right to delete the trial account and all associated trial data at or beyond the 7 day mark.
Data in Paid Accounts That Are Cancelled or With Payment Overdue
If for any reason we are unable to successfully bill your preferred payment method, we reserve the right to suspend access to your account within 30 days of the failed billing attempt, and to delete your account, users, and all associated data within 60 days of the first failed billing attempt.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant 19M or any of its affiliates the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for 19M's commercial, marketing or any similar purpose. But you grant 19M permission to access, copy, store, reformat, anonymized content and data of your user account solely as required for the purpose of providing and enhancing the Services to you.
Use of Extensions
When you enable a 19M extension that copies, modifies or displays your data, when it can be reasonably inferred by you that this extension requires 19M to access, copy, distribute, store, transmit, or reformat your data in order to perform the function enabled by the extension, you grant 19M rights to do so in order to provide you with the added functionality.
When you enable a 19M extension that connects to a third-party application or service, you acknowledge that you agree to the third party's terms of service, and grant 19M permission to access, copy, reformat, transmit, and to make available to the third party in question, any data required by said third party to render services to you. You further indemnify 19M of any liability associated with the third-party's access to, and use of data provided to it on your behalf.
User Generated Content
You may transmit or publish content created by you using our Services. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. In the course of using the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that 19M will have the right to block access to or remove such content made available by you, if 19M receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by 19M for this purpose.
If you wish to file a complaint, regarding the violation of copyrights, you can send an email to firstname.lastname@example.org.
Sample files and Applications
19M may provide sample data and files for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. 19M makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
19M and 19M logo are trademarks of 19th Mile Capability Solutions Private Limited. You agree not to display or use, in any manner, the 19M trademarks, without 19M's prior permission.
Proprietary Rights and Licenses
Reservation of Rights: Subject to the limited rights expressly granted hereunder, We reserve all of Our title and interest in and to the Service and Content, including all of Our related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
License by Us to Use Content: We grant to You a worldwide, limited-term license, under Our applicable intellectual property rights and licenses, to use Content acquired by You pursuant to Order Forms, subject to those Order Forms, this Agreement and the Documentation.
License by You to Host Your Data and Applications: You grant 19M and Our Affiliates a worldwide, limited- term license to host, copy, transmit and display Your Data, and any Non-19M CRM Applications and program code created by or for You using a Service, as necessary for Us to provide the Services in accordance with this Agreement. Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors under this Agreement in or to Your Data or any Non-19M CRM Application or program code.
License by You to Use Feedback: You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Users relating to the operation of the Services.
Disclaimer of Warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. 19M expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. 19M makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, tablet, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from 19M, its employees or representatives shall create any warranty not expressly stated in the terms.
Limitation of Liability
You agree that 19M shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if 19M has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with 19M related to any of the services shall be termination of such service. In no event shall 19m's entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
You agree to indemnify and hold harmless 19M, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by 19M.
This agreement shall be governed and construed in accordance with the laws of India, each Party agrees to submit to the exclusive jurisdiction of the courts of New Delhi.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com. You need to view it within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
If you have any questions or concerns regarding this agreement, please contact us at firstname.lastname@example.org.