Terms of Service

The website ("Site") on which these terms and conditions of use ("Terms of Use") appear is owned and operated by Radiate Capital Limited ("vStory", "we", "our", or "us"). The Site provides information, documents, tools, products, services, accounts, offers, and suggestions on the best way to use our services and products (collectively, "Services"). For the purpose of these Terms of Use, "you" or "your" means the person accessing the Site and Services and any persons that allow others to provide information about themselves to us. vStory and you may be referred hereinafter collectively as the "Parties" and individually as a "Party".

THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS OF USE. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS SUBJECT TO THESE TERMS OF USE AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE AND SERVICES IF YOU VIOLATE THESE TERMS OF USE. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THE SITE, SERVICES, OR ANY INFORMATION CONTAINED ON THIS SITE.

We reserve the right to amend these Terms of Use. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use, however, we are not obligated to. By using the Site or Services after we have updated these Terms of Use, you are agreeing to the then-current version thereof.

vStory is proprietership business registered in India (TAN AHMD13447A) and has its registered office at 1, Nikunj, 4, Kalpana Colony, Near Navarangpura Post-office, Near Ganesh Plaza, Opp. Samruddh Dairy, Navarangpura, Ahmedabad, Gujarat, India. vStory's GST number is 24DUTPS4846E1Z2.

1. ADDITIONAL TERMS

The Services are intended primarily for commercial use. If you want to use the Services for personal use, please click here for supplementary terms and conditions. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.

By using or registering for a Service, you agree to these Terms of Use and our Data Processing Addendum. We also publish a Cookie Policy and Privacy Policy, which we encourage you to read to better understand how you can update, manage, access, and delete your information. You may also choose to print a copy of these policies for your records.

2. VSTORY ACCOUNT

To access the Site or certain Services, you may be asked to create an account by providing a valid email address and strong password. Your account will be created once you complete a registration form in accordance with the instructions provided. Concerning your account, you represent and undertake that:

(a) all required information you submit is truthful and accurate, and you will maintain the accuracy of such information;

(b) you will not allow your account profile to be used by any other unregistered user;

(c) you will keep a secure password for the use of the vStory account and such password will be changed as frequently as vStory requires in its sole discretion, and that you will keep your password confidential;

(d) you will permit vStory or any of its licensors and/or agents to audit your account to establish compliance with these Terms of Use; and

(e) you are at least eighteen (18) years of age and able to enter into contracts.

vStory reserves the right, in our sole discretion and without notice to you, to suspend, terminate, modify, or delete your user account or your access to the Site or parts thereof if you are, or we suspect that you are, failing to comply with any of the provisions of these Terms of Use or the Data Processing Addendum or for any actual or suspected illegal or improper use of the Site. If you use multiple accounts, then vStory may take action against all of your accounts. Any activity regarded as unlawful may be reported to law enforcement.

3. OUR OBLIGATIONS

vStory will perform the Services and make all documents, demonstration materials, webinars, system user guides, or other documentation and manuals (collectively, the "Documentation") available to you using all reasonable skills and care. The Services are provided on an "as is" and "as available" basis. vStory will use reasonable commercial endeavors to make the Services provided through the Site available 24 hours a day, seven days a week, subject to any planned maintenance or unscheduled emergency maintenance, where vStory will try to provide you as much notice as possible.

vStory will provide the Services in accordance with the service descriptions in the Documentation ("Services Description"). If the Services do not materially conform to the Services Description, vStory will use reasonable commercial endeavors to correct such non-conformance or to provide a substitution. Any such correction or substitution constitutes your sole and exclusive remedy. Notwithstanding the foregoing, vStory does not warrant that your use of the Services will be uninterrupted or error-free, or that the Services, Documentation, and/or the information obtained by you through the Services will meet your requirements. vStory is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of any data you provide through the Services ("Your Data"), over communications networks and facilities, including the internet. You acknowledge and agree that the Services and Documentation may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.

4. YOUR OBLIGATIONS

By accessing or using the Site and/or Services, you agree to:

  • Comply with all applicable laws and regulations concerning your activities under these Terms of Use;
  • Carry out all your other responsibilities set out in these Terms of Use in a timely and efficient manner;
  • Ensure that all Authorized Users use the Services and the Documentation in accordance with these Terms of Use and will be responsible for any Authorized User’s breach of these Terms of Use;
  • Maintain a full back-up copy of all of Your Data including for maintenance purposes or to make alternative business continuity arrangements; and
  • Be solely responsible for ensuring that appropriate environmental conditions are maintained for your receipt and use of the Services, including procuring and maintaining your network connections and telecommunications links from your systems to vStory’s data centers, and all problems, conditions, delays, delivery failures, and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

You further agree not to use the Site and Services in any way that:

  • Stores, distributes, or transmits any computer codes or viruses;
  • Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • Is illegal or causes damage or injury to any person or property;
  • Is used to track spam-related material;
  • Changes or alters the Site or content or Services that may appear on the Site;
  • Impairs in any way the integrity or operation of the Site or Services;
  • Interferes with or induces a breach of the contractual relationships between us and our employees;
  • Interferes with our network services;
  • Attempts to gain unauthorized access to our network services;
  • Impairs or limits our ability to operate the Site or Services, or any other person’s ability to access and use the Site or Services;
  • Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
  • Promotes, transmits, or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  • Dilutes or depreciates our or any of our affiliates’ name and reputation; or
  • Transmits or uploads content or images that infringe upon any third party’s Intellectual Property Rights or right to privacy.

This list of prohibited activities provides examples and is not complete or exclusive. You acknowledge that you are solely responsible for ensuring that your use and your Authorized User’s use of the Site and the Services do not violate this Section 4.

We reserve the right to terminate access to your account and your ability to use the Site, Services, or Documentation with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and Services. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet, which may include disclosing any information we obtain.

In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Site, to protect us and/or our Site users, or for any other purpose that the law permits.

5. Reporting abuse and violations

We encourage anyone who suspects that someone is manipulating the vStory Services or violating our Terms of Service in any way to notify us. We investigate concerns thoroughly and take appropriate actions, up to and including terminating user accounts.

If you believe vStory mistakenly flagged your activity as misconduct, you can contact us and we will investigate your appeal.

6. Enforcement against non-compliance

vStory is committed to protecting the user experience and in doing so, our actions will reflect the spirit, not merely the letter, of this Terms of Service. vStory reserves the right to suspend or terminate any account or pause or remove any content we deem to be negatively affecting the user experience or safety of our community, whether or not the behavior is explicitly prohibited by this Terms of Service. This Terms of Service does not comprehensively list every type of content that vStory could restrict or block, nor every basis on which vStory may restrict or block content.

7. CHANGES TO THE SERVICES

vStory reserves the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Services, including, but not limited to, any online software applications vStory provides as part of the Services (the "Software"), hours of availability, equipment needed for access or use, the maximum number of clicks you can monitor, and the quantity of statistical data vStory stores in its servers. Any such modifications will not materially or adversely affect your rights or obligations under these Terms of Use.

8. CONFIDENTIALITY

"Confidential Information" means all Documentation, technical information, Software, business information, feedback, reports about the Services, trade secrets, Intellectual Property Rights, or other materials of a confidential nature disclosed by vStory to you in connection with your use of the Services. You will treat all Confidential Information that you may receive as secret, confidential, and proprietary and will not disclose or use the same without vStory’s explicit and prior written consent. You will implement such procedures as reasonably necessary to prevent the intentional or negligent disclosure to any third party of any Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information that: (a) before its disclosure, was of general public knowledge; (b) becomes, after its disclosure to you, a matter of general public knowledge other than as a consequence of a breach by you of any obligation under these Terms of Use; or (c) is made public by vStory.

9. PUBLICITY

Unless you have otherwise requested in writing before the Activation Date, you agree that vStory may include your trademarks, name, logos, comments, and feedback in vStory customer lists, press releases, marketing materials, social media channels, and on the Site. You may ask us at any time during your User Subscription to withdraw any such use.

10. PROPRIETARY RIGHTS

"Intellectual Property Rights" means all patents, utility models, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all and other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.

vStory owns all Intellectual Property Rights in the Services, Documentation, and the Site. vStory hereby grants you a non-exclusive, non-transferable, revocable, and limited license to use, view, display, and access the Services, Documentation, and Site foregoing for the sole purpose of exercising your rights under these Terms of Use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Services, Documentation, or Site and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Services, Documentation, or Site in any manner or for any purpose that would constitute an infringement of our, our licensors', or other user's Intellectual Property Rights. All rights not expressly granted herein are reserved.

If you breach any of the Terms of Use, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Services or Documentation.

11. DATA PROTECTION

To use the Services, vStory requires you to register and provide personal data (as defined under applicable data protection laws) ("Personal Data"). You agree to provide accurate and complete Personal Data, and you agree to keep such information current.

The vStory Privacy Policy explains how vStory collects and uses Personal Data. You agree to comply with your obligations, and vStory agrees to comply with all respective obligations under applicable data protection laws. You warrant that you are entitled to disclose any Personal Data that you provide to us. You warrant that you will not transfer, store, disclose, or process sensitive Personal Data through your use of our Services unless you obtain our prior written consent.

You will not include any Personal Data inside any Service applications and/or any URL/link created by you using the Services. It is your responsibility to notify vStory in advance should you include or wish to include any Personal Data in any URL/link you create by using the Services or in any part of the Service application.

12. THIRD-PARTY LINKS

The Site contains hyperlinks to third-party websites (collectively, "Third-Party Sites"). You acknowledge and agree that Third-Party Sites may have different privacy policies, terms and conditions, and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy, terms and conditions, and/or user guides. vStory is not responsible for and makes no representations or warranties concerning the contents or privacy policies, or practices of any Third-Party Sites or any link contained in a Third-Party Site. We provide links to the Third-Party Sites to you as a convenience only and is not intended as and should not be construed as an endorsement or recommendation by us of the Third-Party Site or its content. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICE OF ANY THIRD PARTY.

13. DISCLAIMER OF WARRANTIES

You are solely responsible for determining the suitability of the Services for your use. You assume sole responsibility for results obtained from the Services and/or the Documentation by you and for conclusions drawn from such use.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SITE, THE INFORMATION, SERVICES, AND/OR DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

BY PROVIDING THE SERVICES, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME IN OUR SOLE DISCRETION.

14. LIMITATION OF LIABILITY

WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE, AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

vStory’S LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, SERVICES, AND DOCUMENTATION, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED IN THE AGGREGATE THE PRICE OF THE SUBSCRIPTION FEES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT.

IN NO EVENT, WILL vStory BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, SERVICES, OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF vStory IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. INDEMNIFICATION

You agree to indemnify, hold harmless, and defend us, our officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's fees and expenses) incurred in connection with any claim related to your use of the Site or Services, including
(a) any breach of these Terms of Use;
(b) providing content to or communicating with us or our affiliates, including supplying your registration data to us;
(c) engaging in a prohibited activity; or
(d) any unauthorized use or breach of a third party's Intellectual Property Rights.

16. ADDITIONAL TERMS

Assignment.
You may not assign, delegate, or transfer these Terms of Use or any right or obligation contained in them without our prior written consent. We may freely assign our obligations and rights under these Terms of Use.

Relationship.
Nothing in these Terms of Use will be construed to give any Party the power to direct or control the daily activities of the other Party or to constitute the Parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners or otherwise as participants in a joint undertaking.

Deeds.
Each Party hereby covenants and agrees that it will execute and deliver such deeds and other documents as may be required to implement any of the provisions of these Terms of Use.

No Waiver.
The failure of any Party to insist on strict performance of any provision of these Terms of Use will not preclude any other further exercise of that right or other right under these Terms of Use.

Severability.
If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Entire Agreement.
These Terms of Use and the documents referred to herein constitute the entire agreement between the Parties and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, and agreements between you and us relating to their subject matter.

Other Remedies. The Parties' remedies under these Terms of Use are cumulative and will not exclude any other remedies to which a Party may be lawfully entitled. Each Party acknowledges that in entering and accepting these Terms of Use, it does not rely on, and will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in them.

Alterations or Variations.
No alteration to or variation of these Terms of Use will take effect unless and until vStory accepts the same in writing.

Governing Law and Jurisdiction.
These Terms of Use and any dispute, or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of India. You irrevocably agree that the courts of India will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).

17. CONTACT US

If you have any questions or comments regarding these Terms of Use, please contact us at https://vStory.co/contact-us.