nGauge respects and takes your privacy very seriously. This Policy applies to all of the products and services offered by nGauge or its subsidiaries or affiliated companies. If you have any questions about this Policy, please feel free to contact us through our website or email us at email@example.com
nGauge processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
nGauge respects and takes your privacy very seriously. This Policy applies to all of the products and services offered by nGauge or its subsidiaries or affiliated companies. If you have any questions about this Policy, please feel free to contact us through our website or email us at firstname.lastname@example.org.
nGauge provides hosted integrated online communication solutions for online sales and support (the "Service"). The Service is provided by nGauge and/or its affiliates and/or its or their respective successors and assigns (collectively "nGauge" or "we") to you (and everyone affiliated with you and/or your company to whom you provide the right to access the Service ("you" or "your"), subject to the terms of these Terms and Conditions of Use and all modifications thereto, and the other rules that may be published from time to time by nGauge. ("Terms and Conditions" or "Agreement"). From time to time we may notify you of updates or new versions of the Service. Your usage of the updated or new versions of the Service confirms your acceptance of, and is also subject to, these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you may not use the Service. General Conditions and Restrictions
You agree to use the Service solely for your own personal or commercial use as an online communications platform. While nGauge strives to protect personal information and privacy, we cannot guarantee the security of any information you disclose online. You acknowledge by entering into this Agreement that you are aware of our limitations with respect to security and privacy. You agree to provide true, accurate, current and complete information as required by nGauge. You agree not to transfer, assign, sublicense or resell the Service, in whole or in part, unless you are an authorized partner of nGauge and only pursuant to a partners' agreement entered into between you and nGauge ("Partners' Agreement"), and you further agree not to allow any third party unauthorized access to the Service. nGauge may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Service, with notice to you, by sending you an e-mail regarding the change.
You agree that any use of the Service by you during the period of thirty (30) days after such notice has been posted on the nGauge Web Site for the first time, or at any time after the receipt of an e-mail advising you of such change, shall constitute your consent to the new or revised Terms and Conditions. Unless produced by nGauge, the information you access or receive by using the Service and information sent to you by visitors to your website ("Visitors"), is provided by the Visitors and is not, controlled, verified or endorsed by nGauge in any way. By using the Service you agree to:
You understand and acknowledge that we have no obligation to monitor any portion of the Service, including without limitation, content posted by you or your Visitors. You acknowledge and agree, however, that we retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Service. We reserve the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in our sole discretion, we deem unacceptable, undesirable, inappropriate or in violation of any law or these Terms and Conditions. You agree to immediately notify us of any unauthorized use of the Service or any other breach of security known to or suspected by you. nGauge assumes no responsibility for the deletion of or failure to store electronic messages, chat communications, or other information submitted by you or your Visitors using nGauge, whether submitted as part of the Service or otherwise. If you violate these Terms and Conditions, you may be permanently or temporarily banned from using the Service at nGauge's sole discretion. By way of example but not limitation, nGauge reserves the right to terminate this Agreement at any time if nGauge determines, in its sole discretion, that your site or activities are unsuitable for the Service. "Unsuitable" sites or activities may include, without limitation, those sites that nGauge believes:
Subject to the terms and conditions of this Agreement, nGauge grants to you a non-exclusive, non-transferable, limited license to the Service solely for the purpose of accessing and using the Service in accordance with these Terms and Conditions during the term of this Agreement. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. You agree not to do any of the following:
You acknowledge and agree that nGauge is the sole owner of the Service including without limitation, all applicable U.S. and foreign copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. Internet user data collected by nGauge in the course of fulfilling its obligations under this Agreement shall be used by nGauge in accordance with the then-current nGauge privacy statement found on the website. You acknowledge that no title to the intellectual property in the Service transferred to you. You further acknowledge that title and full ownership rights to the Service will remain the exclusive property of nGauge and you will not acquire any rights to the Service except as expressly set forth herein. You are not permitted to disseminate any information that is made available to you, as a licensee, by nGauge, including without limitation, any usernames and/or passwords.
You agree that you will not share the Service to any country, person, entity, or end user in violation of the export restrictions. Disclaimer of Warranties
The service is provided "as is, as available" without warranty of any kind, either express or implied. Without limiting the foregoing, nGauge specifically disclaims any and all warranties, including, but not limited to:
It is your sole responsibility to isolate the service and execute anti-contamination service and otherwise take steps to ensure that service or other information obtained from the service, if contaminated or infected, will not damage your information or system. nGauge makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from nGauge, shall create any warranty not expressly made herein. nGauge assumes no responsibility for the deletion or failure to store, deliver or timely deliver any information, chat records or messages.
In no event shall nGauge, its officers, directors, employees, advisors, parents, subsidiaries, affiliates, agents, successors or assigns, be liable to any person
By using the Service, you agree to indemnify, defend, and hold nGauge harmless for any claims, damages, proceedings, losses, costs and/or expenses (including attorneys' fees and expenses) arising in connection with or related to your breach of any of the provisions, terms or conditions set forth in this Agreement or your use of the Service.
You may terminate this Agreement at any time upon written notice to nGauge, but you shall be responsible for payment of all amounts then due to nGauge at the time of termination. nGauge may, in its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time with or without cause, immediately upon giving written notice to you. Upon termination, you will immediately cease all use of the Service and any documentation provided to you by the Service and return or destroy all copies thereof. Your right and license to use the Service shall immediately cease upon termination. You shall thereafter have no right, and nGauge shall have no obligation, to forward any messages or information to you, your Visitors or any other third party. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
In line with our commitment to customer satisfaction, we have one of the most liberal refund policies around. If you write in to request a refund within 5 days of making any form of payment, you will get a full refund, no questions asked. After 5 days, refunds will be considered on a case-by-case basis. Fair?
nGauge credits may be assigned to your account in the process of downgrading your package. Under no circumstances can these credits be refunded in the form of cash. However, available credits will be used to offset future subscription payments.
nGauge shall not be liable to you or any other person for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such person due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire or other acts of God, strike, unavailability of energy sources or any other causes beyond nGauge's reasonable control.
This Agreement, together with any Exhibits hereto, contains the entire agreement of the parties, and supersedes any and all previous agreements with respect to the subject matter hereof, whether oral or written. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. nGauge may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent. Any waiver (express or implied) by nGauge of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of nGauge. By entering into this Agreement, you acknowledge that you are transacting business with nGauge in the Government of India. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the Republic of Government of India and exclusive venue shall be in the criminal courts & Supreme Courts of Government of India. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.