By accessing this website, we assume you accept these terms and conditions. Do not continue to use Clapup if you do not agree to accept all of the terms and conditions stated on this page.

Terminologies 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the company’s stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Type of Accounts

Clapup have two type of accounts. The terms and conditions outlined in this documents are applicable to all type of accounts/users. 

Host Accounts: Accounts which is registered and subscribed to our plans for managing workspaces. Such accounts can create and host workspaces. The Account owner will be the super admin of the workspace created. 

Guest Accounts: Any users who are invited to collaborate on a workspace are guest accounts. even though they will have different roles like Admin, Editor etc, They can’t create a workspace. Such accounts don’t need to subscribe to any of our service. 

Eligibility and Identification

During the process of new account registration, we may verify the identity using various third-party tools. As a part of this verification,  we may request additional information. The Services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.

Accountability

You are solely responsible for all actions performed in the Services with your account. Storing your credentials safe is your sole responsibility. If you feel that, your account is compromised or your password is stolen, immediately inform us, so that we can lock your account and take necessary steps to fix the issues.

Your Warranties

While using our service and products, you represents and warrants to us that

• You have, and will have at all times, all rights, licenses, and consents required for your use of the Services.
• You will comply with all applicable laws, rules, and terms that outlined in this document. If you have any doubts in any of your use cases or usage, you can always contact us [email protected]
• You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason. 

Ownership

We consider the user who created the host/master account as the sole owner of that particular account with any number of invited users, workspaces or locations attached.

Acceptable Use Policy

When you create an account with clapup, you are accepting all the terms with us so.

• Don’t allow others to use your account, by means of sale, lease, assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
• Don’t copy or scrape our website or applications, and don’t replicate its functionality. Don’t try to use our data which is not intended to the original purpose for which it is made. 
• Don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.
• Don’t try to overload our servers and infrastructure by any means that can be potentially recognized as a Direct Denial of Service attack by our protection measures.
• To manage businesses that promotes illegal or harmful activities or substances or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances.

Abusive Customers

We believe that our customers have every right to be heard, understood and respected. But we also believe that our staffs have every right to work in a safe environment, free from any abuse or harm caused by others.

Abusive or aggressive behavior includes language (whether verbal or written) that may cause our staff to feel threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. Unacceptable behavior as described above may cause us to decide to, by our sole discretion:

• Termination of accounts.
• Take any actions that we feel appropriate based on the situation that includes, termination of contract and your access to our platform, permanent ban to access our system and services etc.

Terms for Usage of Review Management

Review Gating: Review gating is against our terms, means if you use our platform you shall not implement any forms of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review.

Review Request: When you use Clapup for requesting review, you should request review from all your customers with same option for the feedback,  regardless of their sentiment about your service. You also need to get their consent for sending such review request prior sending to them. Any unsolicited request or spamming will lead to termination of your accounts. 

Sites prohibiting solicitation of reviews: Certain sites like Yelp don’t allow review solicitation, Clapup should not be used to circumvent such terms and request reviews for such sites. This is against our terms. 

Third-party Review Site’s Policy: We will issue a notification to all those customers who violates Terms ad Conditions of Third-party review sites. We will give 15 days for such users to corrective actions. Customers who failed to correct such abuses after 15 days, will be terminated from Clapup platform and prevent them to create account in future. 

Terms for Usage of Digital Asset Management Feature

Our digital asset management feature is intended for storing your business digital assets (Images, Videos, and Documents). If we found that you are using this to store any copyrighted, illegal or child pornographic content, we will issue a notification to remove such content immediately, failure in responding to such notifications will lead to your account termination.

Copyrighted Materials: Storage or transmission of any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights are against our terms. 

Child Pornography: Storage or transmission of any text, graphics, images, software, music, audio, video, information or other material that contains constitutes child pornography or child erotica are against our terms.

Vulgar and Obscene Materials: Storage or transmission of any text, graphics, images, software, music, audio, video, information or other material that contains is defamatory, obscene, vulgar or offensive are against our terms. 

Hatred and Racism: Storage or transmission of any text, graphics, images, software, music, audio, video, information or other material that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group is against our terms.

Terms for Usage of Biopage

Biopage is like a mini website, where business can setup a small webpage and point their domain to access it form their. Any users who use pseudo names, mimic other brands to create a fake biopage will be terminated without any notices. 

Phishing/Scam Site: Directing users to a phishing site, scams or any survey (Where user need to complete a survey to view any content) are against our terms and will be notified immediately. Account holders will be given 24 hours to remove such links. Failure in removing such links will leads to immediate termination of the accounts. 

Faking/Mimicking other brands: Biopage is intended to create a digital identity for your business or for the customers you represent. You should not use this feature to create a page that mislead people by mimicking other brands. If we find any hostnames that violates this rule, you will be notified immediately to verify identity with in 24 hours. Failure in providing identity proof will leads to account terminations.

Malwares/Viruses: Sharing links to a website that host malwares or viruses are against our terms. Any account that we found doing such things will be given 12 hours to remove the link, failing to respond will end up in termination of account.

Prohibited and Restriction of Usage

Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Clapup’s name, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Clapup’s express written consent.

Attempt to probe, scan, or test the vulnerability of any Clapup’s system or network or breach any security or authentication measures; Attempt to probe, scan, or test the vulnerability of any Clapup’s system or network or breach any security or authentication measures.

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Clapup or any of Clapup’s providers or any other third party (including another user) to protect the Site, Services or our customers.

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of unsolicited messages.

Impersonate or misrepresent Client’s affiliation with any person or entity.

Using clapup account as a mean to Develop or build products which perform substantially similar to the Services for the Term of this Agreement.

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or content used by Clapup.

Usage of our platform to store any pornographic or erotic content, Child pornographic content or any form of such content.

Cookies

We employ the use of cookies. By accessing Clapup, you agreed to use cookies in agreement with the Clapup Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Clapup  and/or its licensors own the intellectual property rights to the Subscription Service, including, without limitation, all modifications, improvements, enhancements, integrations, upgrades, derivative works, and feedback related thereto and all intellectual property rights therein (“Rights”), and any and all Rights developed as part of the delivery and receipt of the subscription Services.  You may access this from Clapup for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• You should not otherwise stated, client may not be permitted to copy or reverse engineer our features, source code, or use subscription service to create a competing product with same feature sets.
• Sell, rent or sub-license Clapup service without an Agency Subscription.

During the agreement/Contractual period, client grants Clapup a limited, non-exclusive, royalty-free, revocable, world-wide license for the information submitted by the client to use and disclose, as necessary to provide the Subscription Service.

Client Data: Client owns all Client Data. Nothing available herein shall be construed as granting Clapup ownership in any Client Data.

Third-party Data: Data generated by Clapup may include data and content that is owned or licensed by a third party, and Client’s use of such third party data and content is limited by such third party’s applicable license terms and web site terms of use. 

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;
• dot.com community sites;
• Associations or other groups representing charities;
• Online directory distributors;
• Internet portals;
• Accounting, law and consulting firms; and
• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Clapup ; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to [email protected] . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Clapup logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy here to know more about our privacy polices.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment, you may contact us at [email protected] for requesting removal of links. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

You agree that your use of our services and subscriptions are at your own risk. All the services are offered “as is” without any warranties. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, non-infringement, and fitness for a particular purpose. We do not warrant that the services will be uninterrupted or error-free, or that these services or the server(s) that makes them available are free of viruses or other harmful components. some of the above limitations may not apply to you. Based on the Jurisdiction, some of the above limitations may not apply to you.

Amending These Terms

We may review and update these terms and condition periodically. In such any circumstances, you will get a email from us about the update. If you continue to use our website, applications, and Services following such update, you agree to be bound by the new terms.  If you believe that any amendment to the terms of service impairs your right to use purchased products or services in a manner that affects your business or rights materially, do let us know and we will either issue you a partial refund for the time period which you will not be able to utilize the service or we will discuss a specific term to be applied to you.

Dated: 28-05-2023