PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. BY USING THE SERVICE, CLICKING AGREE OR OTHER FORM OF ASSENT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER OR A THIRD PARTY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR BEHALF. IT ALSO CONTAINS A BINDING ARBITRATION CLAUSE IN SECTION 10, WHICH, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION. This agreement is between SalesFry Pte. Ltd., a private company incorporated in United Kindom (SalesFry), and the Customer agreeing to these terms (Customer).

Software Service

This agreement provides Customer and its Affiliates (defined below) access to and usage of an Internet-based software service, including, without limitation, remote training that SalesFry offers its customers, the service’s features, functions, and user interface, as specified on an order (Service). This agreement may be updated and modified by SalesFry at any time and the same shall be notified to the Customer.

Use of Service

1. Customer Owned Data. All data, information and content uploaded by Customer to the Service remains the property of Customer, as between SalesFry and Customer (Customer Data). Customer grants SalesFry a non-exclusive, royalty free, fully paid up, worldwide license to access, use, copy, modify (including the right to create derivative works of), display and transmit the Customer Data for purposes of (a) performing the Services; and (b) improvement and enhancement of the Services. During the term of this agreement, SalesFry will make available Customer Data to the Customer upon request. Customer is solely responsible for accuracy, quality, content and legality of Customer Data and any transfer of Customer Data outside of the Services by Customer or any third party authorized by Customer.
2. Affiliates and Contractors. Customer, including its Affiliates, may enter into orders with SalesFry. An Affiliate entering into an order agrees to be bound by this agreement as if it were an original party hereto. Customer may allow its Affiliates and employees to use the Service, provided Customer is responsible for their compliance with the terms of this agreement, and use by its Affiliates and contractors is solely for Customer’s benefit. Affiliate means any company controlled by or under common control with the subject entity, directly or indirectly, with an ownership interest of at least 50%.
3. Customer Responsibilities. Customer: (i) must keep its passwords secure and confidential and use industry-standard password management practices; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, notify SalesFry promptly of any such unauthorized access; (iv) may use the Service only in accordance with the Service’s technical documentation (including without limitation, modules, demos and videos) and applicable law; and (v) comply with the FAQ at this link https://salesfry.com (which FAQ may change but will not materially and adversely change without consent of Customer or notice prior to a renewal).
4. Integrated Third Party Services. The Service interoperates with one or more third party services (e.g. loyalty services, logistics partners, hardware providers, payment gateways, payment processors, etc) and depends on the continuing availability and access to such third party service and any data or information interfaces (Third Party Services). Customer must have an account with such Third-Party Services and SalesFry is not responsible for such services. If for any reason SalesFry cannot access or use the applicable Third-Party Service (including without limitation, change in terms or increase in fees charged by a third-party service provider), SalesFry may not be able to provide all of the functions of its Service. No refund or credit will be provided for temporary unavailability of any Third Party Services (for example, third party maintenance windows), however if access to a Third Party Service is permanently not available then Customer may terminate the affected order and SalesFry will provide a refund to Customer of any prepaid and unused fees for that order.
5. SalesFry Support. SalesFry must provide Customer support for the Service under the terms of SalesFry’s Customer Support Policy (Support), and the Customer may contact SalesFry at support@salesfry.com.
6. 30-Day Trial Version. If Customer has registered for a trial use of the Service, Customer may access the Service for a 30-day time period (unless extended by SalesFry in writing). The Service is provided ‘AS IS’, with no warranty during this time period. All Customer Data will be deleted within 15 (fifteen) days after the trial period, unless Customer converts its account to a paid Service.
7. Competitive and Related Restrictions. The Service may not be accessed for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. SalesFry’s competitors are prohibited from accessing the Services, except with SalesFry’s prior written consent.
8. Restrictions. Customer may not: (i) sell, resell, rent, or lease the Service or use it in a service-provider capacity or attempt to mask the usage of the Services; (ii) use the Service to store or transmit unsolicited marketing emails, libelous, or otherwise objectionable, unlawful, or tortious material, or to store or transmit infringing material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance or functionality of the Service; (iv) attempt to gain unauthorized access to the Service or its related systems or networks; or (v) reverse engineer the Service or the Software and Documentation, except as allowed by applicable law despite this limitation; (vi) use the Service for any application that constitutes, promotes or is used in connection with spam, spyware, adware, other malicious programs or code; (vii) Use the Services in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, taxation or governmental reporting obligations or other regulatory obligations;(viii) use the Service in a manner that results in the bandwidth usage or the database usage of such Customer exceeding reasonable standards which may be communicated by SalesFry to the Customer from time to time.
9. Use of SMS Module. If the Customer opts and subscribes to use the SMS Module offered by SalesFry within the Service, then the Customer shall comply with the following conditions: (i) Content Standards: Customer shall comply with all applicable law and standards with respect to the Content, use of the SMS Module, text messaging and e-mailing in general and otherwise in connection with performing its rights and obligations under this Agreement. Without limiting the foregoing, Customer shall comply with all applicable law and standards with respect to promotional SMS messages and transactional SMS Messages. Customer shall not send Content which are prohibited by relevant message carriers and applicable law and the standards including but not limited to the Content which is unlawful, obscene, vulgar, profane, threatening, libelous, slanderous, defamatory or otherwise objectionable, makes adverse, offensive or derogatory reference to: companies, brands, organizations, religious associations, political parties, governments (state and central), any other commercial and non-commercial entities; any personality, living or dead; communities, living or extinct; any city, building, geographical feature, etc. that can be singularly or uniquely identified in the world; any gender, physical or racial attributes, is opposed to standards of morality or decency or to public policy, facilitates an illegal activity, sexually explicit content or language, is false, misleading or likely to mislead or deceive Violates any intellectual property rights or any other rights of any person or entity, unlawfully promotes or incites hatred , contains any spamming or flooding element or any advertising, marketing or promotional materials or information, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited Messages, contents or information except with the prior consent of SalesFry, and the clients of the Customer. For the purposes of this clause, “Content“ means all data, information and other content in any format (including text, audio and image) provided by Customer (including on behalf of Customer Clients) to be sent to clients of the Customer via the SMS Module. For purposes of this Agreement, all Content shall be deemed Customer’s Content for which Customer is solely responsible, including if provided by or for a Customer Client, including all portions of template (ii) Opt-ins and Opt-outs: Customer agrees to comply with, and be solely responsible for compliance with, all “opt-in” and “opt-out” requirements for sending and receiving messages (including the Content therein) under applicable law. Without limiting the foregoing, Customer agrees (a) to provide notice and receive appropriate affirmative consent from all clients of Customer prior to using the SMS Module to transmit Messages to such client’s relevant device and (b) to comply promptly with any “unsubscribe” notification provided by a client of customer
10. Suspension. SalesFry may temporarily suspend the Customer’s use of the Service if SalesFry believes that Customer is in breach of this agreement. See FAQ https://salesfry.com/help for more details.

Disclaimer of Warrant and Support Services

1. SalesFry Measures Warranty. SalesFry will undertake necessary safeguards to maintain the availability of the Service (excluding maintenance outages, outages beyond SalesFry’s reasonable control, and outages that result from any Customer technology issues). While the functionality or features of the Service and Support may change based on customer requirements, best practices, technological changes and other reasons, SalesFry will not materially decrease, during a paid term, the features and functions of the Service, and the Support, as whole.
2. DISCLAIMER. THE CUSTOMER UNDERSTANDS AND AGREES THAT THE USE OF THE SERVICES BY THE CUSTOMER AND ALL INFORMATION, PRODUCTS OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT THE SOLE RISK OF THE CUSTOMER. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, SALESFRY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND QUALITY. WHILE SALESFRY TAKES REASONABLE PHYSICAL, TECHNICAL, AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, SALESFRY DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED. FOR MORE INFORMATION, PLEASE REFER TO OUR FAQS AT https://salesfry.com/help
   ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE DISCRETION AND RISK OF THE CUSTOMER AND THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM SALESFRY OR A THIRD PARTY THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF CUSTOMER USES ANY MESSAGING SERVICE OR SMS WITHIN THE SERVICE, CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE TELEPHONE CONSUMER PROTECTION ACT AS AMENDED AND ALL OF ITS REGULATIONS, AND DECIDES THE CONTENT, TIMING AND RECIPIENT OF ALL MESSAGES. THE CUSTOMER ACKNOWLEDGES THAT NEITHER SALESFRY NOR ITS THIRD-PARTY PROVIDERS CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT NEITHER SALESFRY NOR ITS THIRD-PARTY PROVIDERS ARE RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WITHOUT LIMITING THE FOREGOING, NEITHER SALESFRY NOR ITS THIRD-PARTY PROVIDERS WARRANTS OR GUARANTEES THAT ANY OR ALL SECURITY BREACHES OR ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.