Effective June 01, 2021

Terms of Service and User Agreement

Our mission is to connect the professionals, employers, institutions and trainers to leverage the talent pool eco-system and be successful in the respective area.  Our services are designed in such a manner that our members/users/visitors are equipped to exchange information, to exchange ideas, to explore economic opportunities, to learn, to find right talent for work, to find relevant employment, to host webinars and conferences through our platform of trusted relationships. 

FreshVoice is an AI Powered Open Talent Platform, the services of FreshVoice are provided by Ekalaiv Tech Private Limited, incorporated vide CIN U72200KA2021PTC143922, having the registered office at, #302 Lotus, Esteem Park Apartment, Rose Garden Road, JP Nagar 5th Phase, Bangalore 560078, India.

Introduction:

The terms of service define the way FreshVoice by Ekalaiv Tech Private Limited (herein called as FreshVoice and also referred to as “we”, “our” and “us”) business works, the applicable laws, and to establish the user agreement in terms of the elements that you can expect from us as you use our services and the elements that we can expect from you.  When you use our services (applies to “visitors” and “members” – “Members” are the registered users and the “Visitors” are unregistered users), you agree to all the terms mentioned herein.  Apart from this, we also published privacy policy and cookie policy that has details on how we collect, use, share, store, export, import, update, manage and delete your information. Although the Privacy Policy and Cookie Policy  are not included in this terms of service, we encourage you to read and understand them better, as the use of services in FreshVoice is also subjected to our Privacy Policy and Cookie Policy.

You are entering into this contract with Ekalaiv Tech Private Limited and Ekalaiv Tech Private limited will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.  This contract applies to all the services that are offered under this contract and the company hosted websites (Freshvoice.app, Ekalaiv.com, Ekalaivtech.com, Freshvoice.in, Freshvoiceapp.com), related websites, apps, communications, ads and plug-ins.

The Terms of Service, Privacy Policies, Cookie Policies may change from time to time. Any material changes will be informed in advance through notifications and/or our services or through other means so as to provide opportunity to review and accept the changes before they become effective.  Such changes made cannot be made retroactive.  If not in agreement with the change.  You continuing to use our services after the changes become active means, that we have your consent for the updated terms of services.

It is important for you to understand the terms of service, and you are agreeing to these terms of services by using our services. 

You agree that by clicking “Sign in”, “Join”, “Sign Up”, “Log in”, “Register”, or such similar buttons leading to registering, accessing or using our services, you are entering into a legally binding agreement with us (even if you are using our services on behalf of an organization). If you do not agree to this user agreement, do not click “Join Now” (or similar buttons leading to registering, accessing or using our services) and do not access or otherwise use any of our services. If you wish to terminate this agreement, at any time, you can do so by closing your account and no longer accessing or using our Services.

Obligation to Use:

The following are the terms that define the relationship between FreshVoice and You – Using our services, you agree that;

• You are meeting our minimum age criteria to use and manage your FreshVoice account.  The minimum age is required for FreshVoice to provide you the services without parental consent for the usage of your personal data on the platform.  The minimum age is 16 years old as of June in the current year and our services are not for use by anyone under this minimum age. 
• You will have only one account per individual, and the account must be in your real name.  In order to check this, FreshVoice will be seeking inputs as required to verify your identity.  Creating accounts on behalf of others or using false information is a violation of our terms.  
• You agree that you will not create a false identity on FreshVoice, misrepresent your identity, create an account and / or profile for anyone other than yourself (a real person), or use or attempt to use another’s account
• You will keep your username and password with you only and not shared with anyone. And keep the password confidential
• You will use and maintain the strong password for your account and be changing the password in stipulated intervals
• Your account belongs to you and only you have the rights to your account.  
• There are organizations such as business enterprises, institutes, training providers and so on will be receiving our services.  In such cases, the authorized personnel of such organization must agree to our terms for availing the services.  The organization will have the right to control access to receive reports on the use of your account and the organization do not have rights to your personal account.
• You will be keeping your contact information up to date.
• All the intellectual property rights that are in our services are retained by us even if you are given permission to use such services.
• Your account with FreshVoice and usage of services from our platform allow you to interact with others (with the intended purpose).  You will maintain respectful environment for everyone.  
• You will not abuse or harm others or yourself.  You will not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or racially, ethnically, or otherwise objectionable 
• You will not interfere or disrupt the services
• In our platform, you will comply with all the applicable laws, respect the rights of others, respect others privacy rights, respect others intellectual property rights
• When you share information on our Services, others can see, copy and use that information.
• You agree that you will not copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of FreshVoice
• You are free to choose the information or content that you want to provide (upload, submit, share, store, send, receive and there is no obligation as such.  When you choose to provide the information or content, you will need to ensure you have the necessary rights to do so and the information or content is lawful. We are not obligated to publish any information or content on our Service and can remove it with or without notice
• You own all of the content and personal information that you provide to us, and you agree to us a non-exclusive license to it.
• All the content that consists of personal data will be subject to our Privacy Policy in terms of the way the data is accessed/used including your preference settings of your choices 
• The information and relevant content such as Resume, Job postings, training offerings, etc. that you may share may be seen by other Members, Visitors or others (the use will be in conformity with the purpose). Through Preferences and Privacy Settings, the choices you make about show / hide / who can see the content or information, restrictions on profile visibility etc. will be honored by us.
• Your use of the content and information posted on our Services by others is at your own risk.  You may use the products and services offered by others through our Services / Platform and we are not responsible any such direct third-party activities
• You agree that FreshVoice does not supervise, direct, control or monitor Members in the performance of their services and FreshVoice is not responsible for any of the offering and performance of these services
• Towards providing our services to you, we might need to send you service-related communications information, alerts, announcements and other such information through email / SMS / Websites / Apps / Mobile / Post to physical address or other such medium from time to time. 
• You will implement adequate technical and organizational controls to protect the any information received from us (the use within the conformity of the purpose) against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure and you will retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes.
• You agree that you will not do anything to misuse our services like monitoring the services, availability, performance or functionality for any competitive purpose.

Rights and Limitations:

• Your feedback is valuable to us to improve our services.  However, we may act on your feedback without obligation to you.
• FreshVoice will make all efforts to continually developing and adopting new technologies and features in order to improve our services.  To support such features, we may add or remove some of the features/functions or increase/decrease the limits of our services to start offering new packages and stop offering the old ones.  While making such changes, we will be providing notifications/alerts for cases where the changes might affect negatively on the use of your existing services for the alternates.
• FreshVoice may change, suspend, discontinue, expand or end any of the services to support the technology advancements and other such needs.
• FreshVoice may change the pricing plans with reasonable notice and as applicable and allowed under the law in a prospective manner.
• FreshVoice have the right to limit the usage, to limit the services, to restrict the way you connect to our system, and to use our platform. 
• FreshVoice will process the data and information that you provide in such a manner to derive insights to make necessary recommendations for you and other members on the platform, which will be useful to use the features/services in a better manner.
• We reserve the right to take down / remove some or all of the content, if we reasonable believe that your content breaches the applicable terms of service or violates applicable law or could harm us, our members, our visitors or third parties.

Disclaimers, Warranty, Limit of Liability:

• Up to the extent permitted by the law, you have the rights to a certain quality of service and the ways to resolve and fix problems if things go wrong.  We provide our services through reasonable care and skills and you agree to inform us in case the level of quality is not met as described and we will be trying towards addressing the issues.
• FreshVoice and its affiliates will not be liable with respect to these service terms for any loss of profits, loss of business opportunities, reputations (like offensive, defamatory remarks), goodwill, anticipated savings, loss of data such as down time, use of data or changes to the content and information, indirect or consequential loss, special or punitive damages.
• We provide the services, including content and information, on “As Is” and “As Available” basis to the extent permitted by the law.  We make no representation of warranty about the services including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs
• FreshVoice and its affiliates will not be liable to you for any amount that exceeds the total fees paid by you or INR 10000 whichever is minimum.  This liability limitations do not apply for the liability for death or personal injury, for fraud, for gross negligence and for intentional misconduct.

Suspension or Termination:

• Both FreshVoice and you may terminate this contract any time without notices.  On termination, you will lose to receive the services, the right to access and your account will be deleted.
• On termination, we will have the rights to use and disclose your feedback, our members and visitors have the rights to reshare the information and content that you shared through our services and any amount owed by either of us prior to termination will remain owed.
• We reserve the right to suspend or terminate your access to our services, or delete your account if any of the listed things happen.  (a) any breach of the terms (b) per legal requirement or court order (c) if we believe your conduct cause harm or liability to us, our members, visitors or third parties in terms of hacking, phishing, harassing, spamming and the like. In case you believe that the account is suspended or terminated in error, you can appeal by sending a review request to the email support@ekalaiv.com 

Force Majeure:

• Force Majeure Event means any event, whatever be the origin, not within the reasonable control of us, which we are unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders FreshVoice from performing its obligations under any agreement, including these Terms of services with you, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labor stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.
• We shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to provide the services (whether partially or fully) as a result of the occurrence of a Force Majeure Event.

Governing Law and Settling Disputes:

• These Terms of Services and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Services may be brought exclusively in the competent courts/ tribunals having jurisdiction in Bengaluru, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals