Cratio Software Customer Service Agreement


This Cratio Software Service Level Agreement ("SLA") is a policy governing the use of Cratio Software under the terms mentioned below between Cratio Software Private Ltd and users of Cratio Software ("you"). This SLA applies separately to each account using Cratio Software. We reserve the right to change the terms of this SLA and the same shall be updated in our website.

Privacy Policy
Cratio Software Pvt Ltd operates https://www.cratiocrm.com related domains & subdomains (the "Site"). While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").

Log Data
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze the site visitors. The Log Data section is for businesses that use analytics or tracking services in websites or apps, like Google Analytics.

Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other maintenance related communication. We don't sell or rent or provide your personal information to any 3rd parties.

Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

Changes To This Privacy Policy
This Privacy Policy is effective as of today and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

Non disclosure Agreement
Cratio Software maintains confidentiality in dealing with sensitive customer information. The following are guidelines that we follow in maintaining customer confidential information in general.

Ownership of Confidential Information
The Receiving Party acknowledges that the Confidential Information is received on a confidential basis, and that the Disclosing Party shall remain the exclusive owner of its Confidential Information and of all patent, copyright, trade secret, trademark and other intellectual property rights therein. No license or conveyance of any such rights to the Receiving Party is granted or implied under this Agreement.

Treatment of Confidential Information - The Receiving Party shall:
Use the Confidential Information of the Disclosing Party only for purposes relating to the transaction and shall not, directly or indirectly, deal with, use, exploit or disclose such Confidential Information or any part thereof to any person or entity or for any purpose whatsoever (or in any manner which would benefit any competitor of the Disclosing Party) except as expressly permitted hereunder or unless and until expressly authorized in writing to do so by the Disclosing Party; Use reasonable efforts to treat, and to cause all its officers, agents, servants, employees, professional advisors and contractors and prospective contractors to treat, as strictly confidential all Confidential Information. In no event shall such efforts be less than the degree of care and discretion as the Receiving Party exercises in protecting its own valuable confidential information.
Not, without the prior written consent of the Disclosing Party, disclose or otherwise make available the Disclosing Party’s Confidential Information or any part thereof to any party other than those of its Directors, Officers, Agents, Servants, Employees, Professional Advisors, Contractors or prospective Contractors who need to know the Confidential Information for the purposes set forth herein; Not copy or reproduce in any manner whatsoever the Confidential Information of the Disclosing Party or any part thereof without the prior written consent of the Disclosing Party, except where required for its own internal use in accordance with this Agreement; Promptly and as practically possible upon the request of the Disclosing Party, return and confirm in writing the return of all originals, copies, reproductions and summaries of Confidential Information or, at the option of the Disclosing Party, destroy and confirm in writing the destruction of the Confidential Information; Provided, however that nothing herein shall restrict in any manner (i) either Party from retaining such parts of the Confidential Information as they are required to do by applicable laws and regulations and their internal audit policies designed to comply therewith.

Customer Business Know How
Since we work on Business Process Automation Software, we interact with customers in understanding their business process, workflows. All the information received during requirements gathering in email, phone or meetings are maintained with strict confidentiality & highest data security. We shall not use any of such proprietary information either directly or indirectly on other customers or our internal reference. Customer proprietary information should be information specific to customer business and not generally available best practices Customer logo, name shall be used in our general customer list pages. How ever We shall not use customer business case study without getting written consent from the customer

Your Responsibilities
All our sales, service staff maintain ethics, industry best practices for customer data safety & security. However the following client side precautions are recommended You shall not send their customer, contacts or any sensitive data to our team directly without right encryption. For implementation & setup customers can share few sample data and take training for data setup. Alternatively remote desktop access can be given for full data setup under authorized personnel supervision. Never send any sensitive business data to any of our employees personal mail id’s . All support, sales queries to be sent to official sales, support mail ids. Never share administrator password to anyone including our staff. We don’t need admin access for training or debugging. Instead a remote desktop connection is sufficient for most cases, else provide temporary access under direct supervision only. Your Data. You are solely responsible for the content, operation, maintenance, and use of Your Data. Security and Backup. Our servers have multiple level of backup’s, redundancy. However we recommend that you maintain weekly or monthly backups in csv formats for your security purpose End User Support. You are responsible for assigning a single named resource for support. We support the single user through our support ticketing system. We do not provide any support or services to End Users.

General Terms
Cratio CRM Usage Limits:
  • One time configuration, customization fees are non refundable
  • Free Email Credits - 6K Emails/Quarter
  • Free SMS Credits - 100 Credits
  • Storage per account - 1 GB
Fees, Payment & Refund
Service Fees. We calculate and bill fees and charges monthly. We may increase or add new fees and charges for any existing Services by giving you at least 90 days’ advance notice. We may charge you interest at the rate of 1.5% per month on all late payments.
Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties such as GST taxes If any deduction or withholding is required by law, you will notify us and deduct the amount & you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
Customer shall provide TDS certificates on quarterly basis if applicable. Failing to provide TDS certificates on time will result in recovering the amount from the subscription pending amount as required.

Terminations
Both parties can terminate the service anytime with 30 days prior notice. Customer Data shall be destroyed permanently on termination & are not recoverable for security reasons.

Refund Policy:
Refunds are processed as follows
  • For new customers taking 30 days paid trial. We allow full refund up to 7 days from the date of signup.
  • For Quarterly renewal and subscription accounts we don't provide refunds on subscription as we invest our time, resources for training, setup, customization and server infra.
  • For Annual payments minimum 3 months payment is retained and the balance shall be refundable. This is because initial efforts of setup, training, support are chargeable & non refundable.
  • Statutory dues such as GST are non refundable.

Service Level Agreement
Infrastructure Service Commitment
Cratio Software application are hosted on Amazon Web Services (AWS) Cloud Solutions and the SLA provided by AWS is at least 99.95% uptime for the servers & Database and with the above assumption we provide same service commitment to our end customers. However we have kept reasonable redundant servers in multiple time zones, geographies to mitigate the service downtime risk

Software Defects
All software defects are rectified without any additional charges. The time needed for rectification is based on complexity of reported issue.

General Support
All support tickets are acknowledged with ticket id immediately. All support tickets are responded within one business day

Indemnification, Liability & Force Majeure
Indemnification.
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Service Offerings (including any activities under your Cratio account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any End User; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any End User.

Disclaimers.
THE SERVICE OFFERINGS ARE PROVIDED "AS IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

Limitations of Liability.
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.

Force Majeure.
We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Support Policy
Implementation & Support Process
All support shall be availed through Cratio Customer portal in web site. All complaints shall be logged in our support portal with unique support ticket for tracking & closure

Escalations & Contact Matrix
Escalation & contact Matrix shall be shared to all paid customers after free trial