Terms and conditions

TERMS AND CONDITIONS

futuremug is an online application to enable customers to conduct interviews, record the same and analysis the performance of the participants and also enabling the customer management to conduct various training programs and assessments initiated by REVELADO INNOVATION PRIVATE LIMITED (hereinafter referred to as the Company), a company incorporated under the Indian Companies Act having is address at 202b, Oceanus Serenity, Arasumoodu, Kulathur P.O, Thiruvananthapuram, Kerala, India, 695583

It is disclosed to you, and you hereby understand that you are using the front end of the Platform and the inbuilt software is accessing your data to enable you to make virtual conversations and to give you the desired output in the form of Videos, Audios, Recordings etc.

Access to and use of the Platform is subject to these terms and conditions of use ("Terms of Use"). "You" mean and include all users of the Platform including Members/Clients/ Individuals and Corporates/ Institutions. The definitions of this terms of use shall be read in conjunction with the Privacy policy and to those which definitions are not given, the generic usage meaning has to be taken. By signing into the futuremug application you agree to the below terms and conditions:-

Definition

futuremug / We/us/our denotes the brand of REVELADO INNOVATION PRIVATE LIMITED

Company

REVELADO INNOVATION PRIVATE LIMITED

Platform

futuremug as an application enabling the user to conduct interviews, and do the related assessments etc which are stored in the related cloud space. It shall include any information or services made available by the Company, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Platform, or any part of the Platform, with or without notice.

Data - all the input you feed to the platform including but not limited to your Videos, audio, pictures, text, images, emojis meeting details, questionnaires etc.

You/Client/user denotes the user/customer of the Company/futuremug

Packages – Packages offered by the Company as per rate, facility, usage model etc. as defined in the individual service agreements.

Platform Owner – REVELADO INNOVATION PRIVATE LIMITED

Customer – Customers- Admins of the Institutions, Owners of the business, Individuals who are the primary users of futuremug

Interviewers – Users or beneficiaries of Customer who creates the content.

  1. The Platform is not intended for kids/minors.
  2. We shall not publish any materials or contents which are harmful or misleading to the general public in our sites or web space.
  3. Types of Control – There shall be three types of controls to the application, futuremug.
    • Platform Owner – As, Platform Owner we have access the technical control of the Application. We have the rights to read, write, delete the content. But this access is restricted for technical services only and shall be exercised only on demand from the Customer (can be only done by special service account as per defined retention policies, no manual user can delete content)
    • Customer – The primary subscriber of futuremug who is the owner of the content, can read, write, delete content and also can give access to its Interviewers/ interviewers, who are its beneficiaries. It shall be the duty of Customer to assign and manage login credentials to the interviewers.
    • Interviewers – The beneficiaries/employees of the Customer, who are assigned permission by the Customer to conduct interview. Interviewers shall have only read and write permissions.
  4. The contents in the Platform shall be totally managed by the above users as per the assigned rights. We shall in no manner interfere with the inputs you make, except only when requested by you for technical support or by legal authorities formally. Our inbuilt software is only processing the data as per your instruction. No manual or outside technical interference is made. The report/video/audio as per your input and requirement shall be generated at your command.
  5. The Customer/ Organisation availing the services of the Platform should provide their details while signing up the Platform.
  6. It shall be the responsibility of the Customer to identify and assign credentials to the Interviewers.
  7. It shall be the responsibility of the Customer, to monitor and manage the content created or uploaded to futuremug. The Company shall not be held responsible or liable for any disputes or damages arising out of the contents created by the users.
  8. The Company through futuremug is only providing Platform for the clients/ organisations/ individuals/ institutions to maintain /Manage/ store and analyse their data to enable them to choose the right candidates for their jobs.
  9. The Commercial terms shall be signed separately with each customer individually.
  10. The Platform shall not be responsible for the security of any insider information shared on our Platform by You.
  11. The Risk of sharing your data to the Platform is with you. We provide available and technically robust safety systems to protect our platform from malwares, hackers and the like. But we shall not be responsible for any high-tech intervention by any third party or miscreants to the Platform. If such an event is noticed, we shall take urgent action to protect the platform with the support of the technical team and legal authorities.
  12. The individual users shall be responsible for the usage of login credentials and passwords.
  13. The Platform shall, in no way responsible for the questions, content of the sessions, gestures, mannerisms or any offensive behaviour through the platform by the interviewers. The responsibility of handling the platform and the contents used therein, shall be the sole responsibility of the Customer.
  14. The output from the platform shall be directly proportional to the input you give; be it the resume selection or interview assessment or portfolio creation of each candidate. It is clearly mentioned that the platform work performs according to the clarity of the resumes the interviews, status of interview etc uploaded. Any addition or omission in the inputs will affect the output.
  15. No videos, audios or any content which is personally, politically, culturally or religiously offensive to any person, cult, religion, party etc. shall be uploaded to futuremug. Any such activity and related consequence shall be the responsibility of the user/interviewer and the Customer. The Company or the futuremug platform shall not be responsible for any questions or contents used in the interviews.
  16. You shall not use our platform for conducting interviews for any illegal activities, terrorism, money laundering or the like. If used for any such illegal activities, the whole responsibility lies with You, your management and employees.
  17. The Company reserves to block you from using the Platform in the event of any genuine complaint raised by any third parties or authorities.
  18. The Company envisage the platform futuremug to be used as a platform to conduct interviews, trainings etc and to give feed backs on the performance of the contesters or participants, as the case may be, for their development and better performance in future.
  19. The Company reserves the right to modify the terms of use at our discretion.
  20. Privacy Policy contains further information about how data is collected, used and made available on or by the Platform. It is made part of this terms of usage. Click here to read it.

Intellectual Property

Your Limited License to our Intellectual Property

The materials used and displayed on the Platform and our sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of The Company, or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of The Company. The Company grants you a personal, non-exclusive, non-transferable, revocable license to use the platform styled "futuremug" and any materials on the platform for allotted commercial purposes subject to these Terms of Use.

futuremug Trademarks and Logos

The terms futuremug & REVELADO INNOVATION PRIVATE LIMITED including its trademarks and services marks, and associated logos and all related names, logos, product and service names, designs and slogans are Intellectual Property of The Company or its affiliates or licensors. You may not use such marks without the prior written permission of The Company. All other names, logos, product and service names, designs and slogans on the Site are the intellectual property of their respective owners.

Registration with futuremug

You understand that we are facilitators for the Cloud space provided to you

You shall have unique credentials to login to your space selected. If you are a Customer, you can choose the number of login credentials to your space each having different login password to identify the person who is using the space.

You shall upload, amend, delete or transfer any file, image or data to the cloud space you own and it shall be your own responsibility to protect it and manage the content therein.

You can avail the 14 day free trial period if only you are a new user to our account, as mentioned above , so that you get familiarised with our services. It is not mandate to continue with us after the trial period.

PAYMENTS AND REFUND

All payments need to be made in advance. You will receive an email notification when the payments are due. You can pay using the online payment gateway or direct bank transfer or as mentioned in the Purchase Order (PO) or any other agreement with us.

Payment made to the Platform is not refundable for whatsoever reason, except for lack of service due to technical fault continually for one month from our side. The listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes and cess will be added to The Company’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

The service would be suspended if the payment is not made within the due date. Once suspended, the account can be reinstated only after paying all outstanding dues and late fees, within a reasonable time (at the discretion of The Company). Non-payment for three consecutive months will result in suspension of the service.

If the payment is not made, by the payment due date, we shall levy a late payment fee, which will be 10% of the bill amount.

Data Retention

Once suspended all Data will be kept in hot storage for 3 months and then, if not claimed, shall transfer to archive for one year from the end date of the said 3 months. If not claimed after this 15 months, the said data shall be erased for ever and in such an event The Company shall not be responsible for any loss sustained by use. The Stored data shall be retried within the said 15 months only on request from the Customer.

If you are terminated for any violations listed in this document, you will not be eligible for any refund.

SERVICE

In exchange for the fees you pay in advance, as per the package selected by You, we will provide software service, so long as You abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to You. We will provide the services according to the specifications listed for the package pre-selected by You during the signup process.

BACKUP POLICY -> DATA SECURITY

We assure maximum hindrance free uptime.

Service Data : The Platform do not own the Cloud space on which your data is saved. We have valid binding agreements with our cloud operators. They shall be responsible for the storage or destruction of your data. You are free to check with our team regarding our cloud operators details. When you sign this terms and conditions you also give permission to store your data with such third party cloud operators. We understand that you entrust your data with us only for your business processing.

ACCEPTABLE USAGE POLICY

futuremug Platform strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for: Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited. Input of any data that infringes on another’s copyright or other intellectual property rights, Spamming, or sending of bulk unsolicited emails to the email ids provided in our site. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.

SPAM POLICY

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spam advertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or user net/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. The Company reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. The Company reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of The Company.

SERVICE AVAILABILITY

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to maintenance, test procedures or other technical work, including network upgrades, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs, with prior notice given to you. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

Upon scheduled downtime or other technical updation, We shall provide notice to the Customers at least 48 hours in advance of such interruption where possible. we shall not be liable to the Customer for any adverse consequences of such service interruption.

In normal circumstances we provide Service Availability:

Cloud Platform: 99%

Acknowledgment and Response Time: <2 Hrs

Fault Notification Window: 24 Hours a day, 7 days per week

Response time window: 9.00 AM to 6.00 PM Indian local time

Technical Response target: 6 Business hours

Maintenance Notification: 48 Hours

Planned Maintenance Target Notification: 2 Business Days

Emergency Maintenance Target Notification: 1 Business Day

Unplanned Fault Notification: 2 hours

Any unexpected downtime from third party cloud provider- Depends on the respective third party

INDEMNIFICATION

If The Company is sued or challenged with a lawsuit from a third party because of your action, omission, negligence, ignorance or deliberation with the services, or as an affiliate, you agree to indemnify The Company in such litigations and proceedings or pays to settle the dispute on behalf of The Company. In legal terms, this is called "indemnification." Not only do you agree to reimburse The Company for what it pays to satisfy a judgment or settle a case, you also agree to compensate The Company for the damages caused including but not limited to reasonable attorney's fees, court expenses, travel and all other costs incurred by The Company thereby.

DISCLAIMER OF WARRANTIES

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of The Company due to your enrolment in the affiliate program.

THIRD PARTY SERVICES

The Company assumes no responsibility or liability whatsoever for the Third-Party Products and Services rendered to or by you, either through the Platform provided by us or outside the purview of the services of the The Company. In that sense, we reiterate that We are only facilitating the services provided to you and we shall engage only with credible space owners and shall have separate agreements binding our rights and services towards you. Also, we have engaged third party e-payment gateway for the monetary transaction and you are hereby cautioned that they may have their own procedures and protocols, either self-imposed or imposed by government or international agencies. While using the payment gateway you are bound to respect the same and We, The Company shall not be responsible for the consequences.

CHOICE OF LAW AND PLACE TO RESOLVE DISPUTES

In the event of a dispute, we shall try to amicably settle it and if not settled, you consent to submit to rules under the Indian Arbitration Act. The place of Arbitration shall be in Trivandrum and the language shall be English. If in the event the Arbitration fail, you irrevocably consent to the exclusive jurisdiction and venue of the state courts in Kerala, India for all disputes arising out of or relating to these Terms or the Services that are heard in court.

VALIDITY OF Terms of Service (TOS)

This TOS is the entire agreement regarding your use of the Services and it supersedes any prior or concurrent communications or agreements between you and The Company regarding the Services. If any clauses become redundant or inapplicable by change or implication of any law or by a court order, then all other clauses shall remain in force except for those which have become redundant and inapplicable by law or by a court order.

CHANGE IN TERMS

Due to our evolving business, and the changing nature of the web industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

CONFIDENTIALITY

We are committed to take utmost care and caution regarding the confidentiality of your data. Though this Agreement, no confidentiality agreement is being deemed to have been transferred from you to us. You upload your content to the platform provided by us and you alone shall be responsible for it. Your data shall be analyzed, modified as per your requirement and result in the form of Video, Audio or Text shall be generated. Hence the content and subject matter / data is not considered as shared to The Company . Even then we shall keep your data expressly conveyed to us as confidential and you are also requested to keep the confidential data, which includes source details, login credentials, negotiated service amounts etc. of The Company safe from infringement or sharing. Any breach of confidentiality clause shall result in the termination of this Agreement.

SOLICITATION

You shall not, solicit the employees of The Company and shall not employee them in a permanent or temporary role for 3 years from the end date of agreement/assignment.

ADVERTISEMENT

You hereby give permission to use your logo and business name for the promotion and advertisement purpose of The Company to be shown as client and nothing more than that. If such name or logo is to be used in any context other than to be shown in the list of customer, The Company shall seek written permission from you.

Relationship

This Agreement do not provide any relationship between you and The Company other than those which are expressly stated hereinabove. To make it clear, this Terms of Service do not constitute any employer- employee, principal- agent, contract or distributor relation between you and The Company .


Last Updated on : 26-04-2024