TERMS OF SERVICE 

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE CTEXT PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF SERVICE AND THE PRIVACY POLICY. 

IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE CTEXT PORTAL. 

Ctext enables its users (hereinafter at various places in the agreement interchangeable referred to as “they”, “their”, “you” or “your”), via its website https://ctext.in and, its API’s, SDK’s, its services or other means, use to build Voice and Messaging Applications. The Ctext website and Ctext is owned and operated by Ctext Technologies Pte Ltd, a Singapore registered Company (“its”, “Ctext”, “we” or “us”). 

Your use of the https://ctext.in (the “Services”) is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). 

If You open an account on behalf of yourself, an individual, a company, organization, or other entity (hereinafter referred to as entity or user) then (a) “you” includes you and that entity, and (b) you represent and warrant that you are duly and validly authorized to grant all permissions and licenses provided in these Terms and bind the entity or user to these Terms, and that you agree to these Terms on the entity’s or user’s behalf.

As a customer, you agree to incorporate Ctext’s policies into your own solutions and ensure that your customers adhere to our policies. If you are accepting these terms of service on behalf of your employer or another entity or user, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity or user to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these terms of Service. 

By clicking on the “Signup” button or continuing to access and use the https://ctext.in after our Terms of Service are modified, it is understood that you agree to such modifications. Therefore, you should review the Terms of Service prior to each use of the https://ctext.in should you wish to continue to receive our services. 

General 

By registering for and/or using the Services in any manner, you agree that you have read, understand and accept these Terms of Service and all other Policies referenced herein, each of which may be updated from time to time. 

These Terms of Service apply to all users of the https://ctext.in and other Services, including, without limitation, users who send or submit content, information, and other materials or services, registered or otherwise, through the Services. 

TERM: 

The term of Services (“Term”) will commence upon your acceptance of these Terms of Service and will remain in effect until terminated by you or Ctext. You may terminate these Terms of Service with or without any reason. We may suspend your right and license to use any or all Services or terminate these Terms of Service in its entirety for any reason or for no reason, at our discretion by providing thirty (30) days advance notice. If Ctext determines that providing advance notice would negatively impact ctext’s ability to provide Services, Ctext may suspend your right and license to use any or all Services or terminate these Terms of Service without any notice and with immediate effect. 

Ctext may suspend your right and license to use the Service or terminate these Terms of Service for cause effective as set forth below: 

Immediately upon our notice to you if (i) you violate any provision of these Terms of Service or we have reason to believe that you have violated these Terms of Service, (ii) there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or activity is fraudulent, abusive, harmful, threatening, defamatory, offensive and/or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) you become the subject of a voluntary or involuntary bankruptcy or similar proceeding, or make an assignment for the benefit of creditors; and immediately and without notice if you are in default of any payment obligation with respect to any of the Services or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism; or (v) if the balance of the account falls below $0.00 for more than 45days, the account will be suspended. If the account remains suspended for more than 30 days, all phone numbers associated with the account will be unrented. Unrented phone numbers will not be recoverable. If you do not use the balance or credits within one year after the purchase date any prepaid balance or credits purchased by you will be lapsed and Ctext is not obliged to refund any such prepaid balance or credits.

Upon our suspension of your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by you; (ii) you remain liable for all fees, charges and any other obligations you have incurred for usage/activity through the date of suspension with respect to the Services; and (iii) all of your rights with respect to the Services shall be terminated during the period of the suspension. 

Upon termination of these Terms of Service for any reason: (i) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services; (ii) you remain liable for all penalties, charges, fines that may have been incurred by Ctext due to activity from your account even if such charges are incurred subsequent to your account termination (iii) all of your rights under these Terms of Service shall immediately terminate; and (iv) Ctext reserves the right to charge your card on file for any outstanding balance as well as any penalties, fines, charges due on your Ctext account. 

Effect of termination: 

Upon termination of this Agreement, (i) you should obtain a copy of any stored Customer Content within thirty (30) days after the effective termination date via the https://ctext.in (ii) Customer Content will be automatically deleted after 30 days of effective date of termination; and (iii) any data stored on the backup systems will be automatically deleted from the Ctext back-up systems after sixty (60) days from the effective date of termination. Any Customer Content archived on Ctext back-up systems will be securely isolated and protected from any further processing, except as otherwise required by applicable Law. 

Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property”, “Fees”, “Content”, “Representations and Warranties”, “Disclaimers and Limitations of Liability”, “Indemnification”, “Applicable Law and Jurisdiction”, and “Use of the https://ctext.in” and any other relevant and connected clauses of these Terms of Service. 

You agree that Ctext shall not be liable to you or to any third party for any modification, suspension or discontinuation of the https://ctext.in

Amendments or Updates to Terms of Service: 

We may, in our sole discretion, amend or modify the Terms of Service. You must keep checking the site for any applicable new or modified Terms of Service periodically. The “Last Updated” date at the top the Terms of Service will indicate when the latest modifications were made. 

Changes or Variations to Services: 

Our Services may change over time or from time to time. You are responsible for keeping updated about the changes or variations in our services following the information published on our website. Unless explicitly stated otherwise, any new features provided by Ctext that augment or enhance the https://ctext.in shall be subject to these Terms of Service. 

Privacy Policy: 

Use of the https://ctext.in is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of these Terms of Service. Please review our Privacy Policy carefully. Our Privacy Policy is updated to ensure compliance with all applicable laws. By using this https://ctext.in you agree to be bound by the terms of our Privacy Policy. 

Intellectual Property: 

You acknowledge that all materials in and at the https://ctext.in, including its  designs, trademarks, service marks, logos (the “Marks”), graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Ctext and/or its licensors, and are subject to and protected by applicable intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Ctext authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Ctext. Ctext Marks contained or described at our https://ctext.in are the sole property of Ctext and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Ctext. Ctext reserves the right to enforce its intellectual property rights to the fullest extent of the law. 

You may not support, nor allow any third party to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the https://ctext.in for any purpose whatsoever. 

Downtime and Security: 

Your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and we shall also be entitled, without any liability to you, to suspend access to or shut down all of the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any of the Services; (b) in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the Services, to you or to any of our other customers if the Services were not suspended; (c) in the event of a violation by you of the Ctext Authorized Use Policy  or (d) in the event that we determine that any of the Services is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”) including and not limited to attempting additional calls per second than allowed or spamming end users in a prohibited manner. Ctext shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you notice of any Service Suspension and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your content including all audio recordings associated with your account. Subject to any terms as documented in a written addendum hereto, Ctext will have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of your content. 

Fee Disputes: 

If you have any dispute with regards to fees associated with your account, please contact us through our support portal at https://ctext.in within seven (7) days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. If we decide in our sole discretion there may be a refund then any such refunds issued to resolve such a dispute shall be issued as credits to your account, but in no event shall there be any cash refunds. Disputes older than seven (7) days shall not be entitled to any refunds or credits. 

Third Party Sites: 

Links to third party websites are provided only as a convenience to you. If you use these links, you will leave the https://ctext.in and potentially the https://ctext.in. Ctext does not control or endorse any third party websites. You agree that the Ctext Parties, as defined below will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this https://ctext.in, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Ctext expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. 

Use of  Ctext Portal: 

You may be required to establish an account at this https://ctext.in in order to take advantage of certain features of this https://ctext.in. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the https://ctext.in; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Ctext has reasonable grounds to suspect that such information is false, inaccurate or outdated, Ctext has the right to suspend or terminate your account and prohibit any and all current or future use of the  https://ctext.in (or any portion thereof) by you. 

Upon using Ctext services, you hereby grant us permission to use your trade names, trademarks, service marks, logos, domain names and the like, for the purpose of promoting and / or advertising your use of Ctext services. In addition, Ctext may request testimonials and create case studies, for the purpose of joint marketing and public relations efforts that will be published on our website and shared with current and potential customers. 

You may be prompted to create a username and password to use certain features of the https://ctext.in or participate in the https://ctext.in. Ctext will use this information solely as authorized by you as pursuant to these Terms of Service or explicit authorization, and subject to our Privacy Policy. You are responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify Ctext of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the https://ctext.in, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Ctext at info@ctext.in. Ctext cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. 

Use of the Services is further conditioned upon adherence to Ctext’s Acceptable Use Policy, which is hereby incorporated by reference. Ctext reserves the right to suspend or otherwise terminate the Services upon any violation by you, your agents or your customers of the AUP. 

Additional Information Regarding the Use of Ctext SMS Short Code Service: 

Cancellation of any Short Code services must be provided in writing at least forty five (45) days prior to the Short Code rental renewal date. 

All Short Code fees are non-refundable and non-transferable.

After cancellation of short code service: 

You further agree that you will not access the https://ctext.in by any means except through the interface provided by Ctext for access to the https://ctext.in, and that you will follow all carrier guidelines. Creating or maintaining any link from another website to any page at the https://ctext.in without the prior authorization of Ctext is prohibited. Any permitted links to the https://ctext.in must comply with all applicable laws, rule and regulations.

Content: 

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content accessed by you using the https://ctext.in is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You retain your rights to any Content you submit, post or display on or through the https://ctext.in

For purposes of these Terms of Service, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the https://ctext.in

Representations and Warranties: 

You represent and warrant that you will not use the Services or your Application in a manner that violates these Terms of Service, including the AUP and Privacy Policy or other addenda incorporated by reference hereto. You also acknowledge and understand that Ctext does not currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). The Services are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services.

You represent and warrant:

(i) that You are solely responsible for the development, operation, and maintenance of your Application and Content, including without limitation, the accuracy, appropriateness and completeness of your Content; (ii) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your Application and your Content; (iii) that neither your Application nor Content (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iv) that neither your Application nor Content contains any harmful components; and (v) that Ctext is not responsible to you for indemnification or directly to any of your customers or clients if you offer services (including your Application(s)) based on the https://ctext.in. You also represent and warrant that you are responsible for any charges incurred by your use of the Application, no matter whether the Application acted in error or due to any fraudulent attack on your website or Application. 

Limited Warranty and Disclaimer 

The Services and contents are provided “as-is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, quality (e.g. at to latency and throughput), and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.  We, and our suppliers, partners and licensors, and each of our and their respective officers, directors, employees, and agents, do not warrant (and hereby expressly disclaim all warranties) that: 

1. the Services (or any mobile operators) will be secure or available at any particular time or location; 
2. any defects or errors will be corrected; 
3. any content or software available on or through the Services is free of viruses or other harmful components; 
4. the content on the sites or Services (or any third Party sites or services linked thereto) is accurate, error-free, or complete; or 
5. The results of using the Services will meet your requirements. 

Your use of the Services is solely at your own risk. We do not warrant, endorse, guarantee, or assume responsibility for any content of, communication by, or product or service advertised or offered by, a third Party through the Services, and we will not be a Party to or in any way be responsible for monitoring any transaction between you and third-parties.  You acknowledge that there are risks inherent in network connectivity that could result in the loss of your privacy, Data, Confidential Information and property. You further acknowledge that Ctext does not control networks of third parties and Ctext is not responsible for the impact on the Services by the action or inaction of such networks or third parties.  Ctext Pte Ltd shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by your or any third Party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the https://ctext.in Owner nor any third Party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. 

Indemnification and disputes: 

Indemnification:

You agree to indemnify, defend and hold harmless the CtextParties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the https://ctext.in, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the https://ctext.in, your breach of these Terms of Service, your infringement or violation of any rights of another, violation of the AUP by you, your end-user customer or any third party agents or affiliates, or termination of your access to the https://ctext.in. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us. 

You shall defend and indemnify us, our affiliates, suppliers, and partners, and each of our and their respective employees, contractors, directors, officers, and representatives from and against any and all damages, liabilities, claims, demands, obligations, losses, fines, penalties, and expenses, including without limitation reasonable attorney’s fees and costs, that arise from or relate to: a. your user content,  b. your use or misuse of, or access to, the Services or content, and/or  c. your violation of these Terms of Service, or violation or infringement by you, or any third Party using your Account, of any intellectual property, privacy, or other right of any person or entity.  We agree to promptly notify you of any such claim, to permit you to control the defense and/or settlement thereof (except to the extent such claim relates to our platform, other Services, or intellectual property or other rights, in which case we reserve the right to assume the exclusive defense and control of such matters and you will assist and cooperate with us in asserting any available defenses).  Any relevant Terms of Service, Policies and notices shall be governed by and construed in accordance with the laws of Singapore without giving effect to any principle of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Singapore in respect of any disputes arising in connection with the website, or any relevant Terms of Service, Policies and notices or any matter related to or in connection therewith. 

BETA SERVICES: 

From time to time, we may make available to You, Alpha or Beta Services, Products, Features, Functionality, API’s, SDKs or Documentation (“BETA SERVICES”). 

BETA SERVICES may contain bugs, defects and may not meet any service levels or operate without any service downtime. BETA SERVICES are provided to you “AS IS”, and are not considered under the scope of this Agreement. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available. We may suspend or terminate your access to or use of any BETA SERVICES at any time and for any reason. We will have no liability for any harm or damage arising out of or in connection with a Beta Service. You may choose to try such Beta Services in Your sole discretion. 

You further understand and agree that you will have use of the telephone number(s) that are provided as part of the Services only until the end of the Term. You understand and agree that Ctext is the customer of record for all telephone number(s) provided as part of the Services and, therefore, Ctext has certain rights with respect to porting of the number(s) (“Porting” is causing or attempting to cause number(s) to be transferred, switched, or otherwise moved to any other service provider, telephone carrier, or any other person or entity). As the customer of record for the telephone number(s), Ctext owns the telephone number(s) assigned to you. Ctext reserves the right to refuse to port any telephone number(s) in its sole discretion. You will need to pay in full all outstanding balances on your Ctext account(s) prior to Ctext initiating any Porting requests. 

Disclaimers and Limitations of Liability; 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

YOUR USE OF THE https://ctext.in IS AT YOUR SOLE RISK. THE https://ctext.in, AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, CTEXT, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “Ctext PARTIES”), EXPRESSLY DISCLAIM 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 NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Ctext PARTIES MAKE NO WARRANTY THAT: (I) THE https://ctext.in WILL MEET YOUR REQUIREMENTS; (II) THE  https://ctext.in WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE https://ctext.in WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE  WILL BE CORRECTED. 

THE CTEXT PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE  https://ctext.in, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE  OR (V) FOR ANY OTHER MATTER RELATING TO THIS  OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Ctext AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE  AND THE Ctext WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 

THE Ctext PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE  https://ctext.in, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE https://ctext.in; OR (V) FOR ANY OTHER MATTER RELATING TO THIS https://ctext.in, OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Ctext AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE https://ctext.in AND THE Ctext WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 

Ctext AND Ctext PORTAL (https://ctext.in) DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES” SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES. NEITHER Ctext NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE Ctext OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.

Applicable Law and Jurisdiction: 

Your use of https://ctext.in is governed by and will be enforced under the laws of Singapore without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located at Singapore. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

YOU AND Ctext BOTH AGREE TO AMICABLY RESOLVE DISPUTES INITIALLY BY MEDIATION BETWEEN MANAGEMENT OF BOTH PARTIES AND IF THAT FAILS THEN  BY WAY OF ARBITRATION BEFORE A SOLE ARBITRATOR APPOINTED BY Ctext. YOU AND Ctext ALSO BOTH AGREE THAT: 

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, may be referred to and finally resolved by sole arbitrator appointed by Ctext following the arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The place and seat of the arbitration shall be Singapore. The language of the arbitration shall be English.  NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THESE TERMS OF SERVICE. 

IF EITHER YOU OR CTEXT INTENDS TO SEEK ARBITRATION UNDER THESE TERMS OF SERVICE, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST THIRTY(30) DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO Ctext SHOULD BE SENT AS REQUIRED BY THESE TERMS OF SERVICE. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND Ctext ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN THIRTY(30) DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. 

AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF. 

Procedure for Notifying the Company of Copyright Infringement:

 Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information: 

1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed. 
2. Identification of the copyrighted work claimed to have been infringed. 
3. Information describing where the allegedly infringing material is located on the https://ctext.in
4. Your Address, Telephone number, and Email address.
5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 
6. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf. 

Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member. 

Miscellaneous: 

These Terms of Service constitute the entire and only Terms of Service between Ctext and each user of the https://ctext.in with respect to the subject matter of these Terms of Service.

If any provision of these Terms of Service be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. 

The failure of the Ctext Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. 

No action arising out of this Terms of Service or your use of the regardless of form or the basis of the claim, may be brought by you more than Thirty (30) Days after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). 

Please see our Privacy Policy page for more info. 

Customer Service:

If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may reach us through our info@ctext.in

Reporting vulnerabilities: 

We take the security of our systems seriously and we also value the developer community. Our responsible disclosure policy promotes the discovery and reporting of security vulnerabilities to help us ensure the security and privacy of our users. If you are a security researching please follow the guidelines and steps below to report vulnerabilities. 

Guidelines 

We require all security researchers to: 

1. Avoid privacy violations, degradation of user experience, disruption to production systems, and destruction of data during security testing; 
2. Perform research only within the scope set out below; 
3. Use the identified communication channels to report vulnerability information to us; and 
4. Keep information about any vulnerabilities you’ve discovered confidential between yourself and Ctext until we’ve had 90 days to resolve the issue.  If you follow these guidelines when reporting an issue to us, we will commit to: 
5. Not pursue or support any legal action related to your research; 
6. Work with you to understand and resolve the issue quickly (including an initial confirmation within 72 hours of submission that your report has been received); 

Things we do not want to receive AND you should NOT submit to us 

Under no circumstances should the following information of individuals be submitted including but not limited to Ctext customers and employees: 

1. Personally identifiable information (PII) 
2. Credit card or payment information 

How to report a security vulnerability? 

If you believe that you have found a security vulnerability in one of our products or platforms, please send it to info@ctext.in and include the following details with your report: 

Description, and potential impact of the vulnerability; 

A detailed description of the steps required to reproduce the vulnerability. If possible, please include POC scripts, screenshots, and compressed screen captures, as they will be helping us in identifying the issues more quickly.