Privacy Policy - Subscribers

At Deskfactors, we are committed to ensuring that your Personal Information is kept secure. We understand the importance of your privacy and do our best to prevent any compromise to the same. With this Privacy Policy for Subscribers( ‘Privacy Policy’ or ‘Policy’), we aim to inform you on the manner in which your Personal Information will be either collected, processed, stored or transferred.

Deskfactors Inc. is a company incorporated and registered in the state ofDelaware, USA (the "Company”) with the followingState File Number: 20202357853. For the purpose of this Privacy Policy, "you", “your” or "Subscriber/s" as used herein refers to Company’s customers or Subscribers registering, subscribing to, accessing or using the Platform for the Services and or who acts as an administrator capable of adding other Users to the Platform; the word “user”as used herein refers to anyone, including any individuals and/or entities registering, accessing or using the Platform as a user and/or who is added to the Platform by the Subscriber or an Internal User; and the words “we”, “our” or “us” means the Company rendering certain services on the Platform.

This Privacy Policy for Subscribers applies to all of our products and/or Services, including our software, applications, our cloud-based platform and/or mobile application known as [Bluesecures](“Platform”). We recommend that you also read our Terms of Use for Subscribers (“Terms of Use”)along with any additional terms or policies uploaded onto our Website [www.bluesecures.com] (the “Website”). This Policy, the Terms of Use and any other policies, guidelines made applicable to you, from time to time, along with any agreements you might have entered into with us pertaining to the use of our Services, constitute the entire agreement between us and you with respect to your access to or use of the Platform or Website and the product or Services.

We collect certain information of yours during the registration/ subscription process and access/ use of our Platform by you. We would like to assure you that we are accountable for the protection of your Personal Information/information and take all commercially reasonable steps to stay compliant in this respect, in accordance with applicable laws.

This Policy is to help you understand as to what information of yours is collected by us, what rights you have over your PersonalInformation and how you can at all times exercise the rights over your PersonalInformation. You have the following basic rights: right of access, right of erasure, right of rectification, right to be informed and the right to opt-out. The rights available to you are further enumerated hereunder.

We will also clarify as to what purpose your Personal Information will be collected, used, and/ or processed. The Policy further states that we keep your sensitive information and Personal Information indefinitely in our data services.

Please, read this Policy carefully, and if you agree to provide your consent with respect to your Personal Information in terms as given here, please continue and register, subscribe to, access and use our Services. Based on your location and the jurisdiction of law you fall under, you agree that you are of appropriate legal age or older to visit, access and/or use the Services in any manner. By registering, subscribing, accessing and/or using our Services you represent and warrant to the Company that you are of the appropriate legal age or older, and that you have the right, authority and capacity to use the Service and that you agree to the terms of this Policy. If you are not of appropriate legal age to access and/or use the Service, then you must not proceed further with the access and/or use. Deskfactors are accountable for your data and Personal Information.

I. POLICY UPDATES AND APPLICABILITY

II. INFORMATION COLLECTED AND/OR PROCESSED

A. Information collected and processed may be classified into Personal Information and Non-Personal Information. Personal Information relates to any personally identifiable information such as your name, email ID, address, contact number, etc. Non-Personal Information can be any information that may not be directly linked and identified as being related to you. Non-Personal Information may be collected when you visit our Website, however, Personal Information is collected only when you provided it to us.

B. We collect and/or process the following types of Personal Information when you register, subscribe to, access or use our Platform, in order to facilitate your use of ourServices and to help improve your experience. We also collect and/or process information about your transactions and your activities:

(i) Full name, designation, gender, nationality, date of birth, country and city;

(ii) E-mail addresses, contact numbers and postal or other such addresses including IP address information, cookies, location information and log data;

(iii) Login details such as screen name and/or user name;

(iv) Information required towards the processing of invoicing such as name, number, company name, company location, unique tax identification codes, business category, business sector, business type, industry and company URL and such other information reasonably needed;

(v) Other information that may be collected and/or processed through the access and use of our Platform and Services, some of which will be optional.

(vi) Contact information: In accordance with the consent process provided by your device any contact information that an Authorised subscribers chooses to import (such as importing an address book to find colleague) is collected when using the Services. We store your authorized user selected contacts in order to notify you as soon as one of your contacts signs up for BlueSecures and to properly display names in notifications. We only need the number and name for this to work and store no other data about your contacts.

III. INFORMATION YOU PROVIDE

You may choose to provide us with additional Personally Identifiable Information in order to obtain a better user experience when using BlueSecures.

IV. INFORMATION YOU AND WE SHARE

You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.

• Send Your Information To Those With Whom You Choose To Communicate - You share your information (including messages) as you use and communicate through our Services.
• Information Associated With Your Account- Your phone number, profile name and photo are available to anyone who uses our Services
• Your Contacts And Others - Users, including businesses, with whom you communicate can store or reshare your information (including your phone number or messages) with others on and off our Services.

V Contacts

Contact upload is a feature that allows us to provide contacts from your device’s address book that can be invited to use BlueSecures. When you use contact upload and grant BlueSecures access to your device address book, while inviting users to BlueSecures, BlueSecures will access and upload the phone numbers in your address book typically daily. We don’t collect any of the other information that could appear in your device address book including email IDs, addresses etc. You can control the contact upload feature from your device-based settings. If you choose not to use Contact Upload you can still communicate with people who are on BlueSecures but certain functionality will be limited.

VI Mobile Applications

The mobile applications of the Product, may seek access to data stores in Subscriber’s Phone, such as SMS, Photos, Contact List etc. The purpose of this access is solely towards complete functionality of relevant Services. The mobile applications will not run to their full potential if Subscriber chooses to not provide the necessary access.

VII. CONSENT

A. The Subscriber provides consent to use the BlueSecures app on their personal device and their personal mobile telephony and internet data plan in order to access and transact on BlueSecures.

B. We believe that every Subscriber of our Service must be in a position to provide informed consent prior to providing any required Personal Information.

C. We understand the importance of data privacy and protection. We normally collect and process Personal Information under a lawful basis for the purpose of fulfilling our contractual obligations with you and for providing our Services in the manner intended. By registering, subscribing to, accessing and using our Platform and Services, it is understood that you have provided us consent which is free, and informed. By providing us such consent you agree to your Personal Information being used for the purposes as set out under Clause IV below.

D. You have the option to change or withdraw consent with respect to the collection, use, disclosure, processing or storage of Personal Information belonging to you, subject to the rights and exceptions that are applicable to you. Please reach to us at the below mentioned email address for the same.

We process information for the purposes described below when you have given us your consent to enable our product features in your device-based settings. Why and how we process your information set out below:

For collecting information through the device-based settings which you have enabled, for example:

• sharing your device’s Precise Location Information if you choose to use our location-related features. You can share your current location with, to your contacts or view a nearby place on your map. When your current location is being shared is end-to-end encrypted which means that it cannot be seen by BlueSecures.
• accessing your camera and / or photo gallery if you choose to share photos or media with your BlueSecures contacts. Photos and media that you share in your personal chats are end-to-end encrypted.

When we process your information based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn. To exercise your rights, visit your device-based settings.

VIII. PURPOSE OF COLLECTION, PROCESSING, USE AND DISCLOSURE OF INFORMATION

A. We collect, process, use, store and disclose your Personal Information for the following purposes:

(i) using our product features such as generating reports, creating profiles, registering for third-party services, participating in online surveys or discussion groups and/or forums and for registering to our newsletters;

(ii) providing you with the required feedback, support and assistance in order to effectively use our Platform and avail ourServices;

(iii) providing the required customizations and improvements in order to better your experience of our Platform or Website;

(iv) researching, designing and launching new features or products on our Platform or Website by understanding the manner in which you use our Services and the preferences shown by such usage;

(v) presenting content and information in our Website and/or Platform in the most effective manner for you and for the device you use;

(vi) providing you with alerts, updates, materials or information about our Services or other types of information such as our latest enhancements, software updates, software upgrades, system enhancements and special offers;

(vii) complying with applicable laws and regulations;

(viii) responding to or taking part in legal proceedings, including seeking professional advice;

(ix) communicating with you and responding to your questions or requests; and

(x) for purposes arising from or incidental to the above.

B. We may use your Personal Information and other information for direct marketing i.e. offering or advertising products or services by sending the relevant information directly to you by email, in-app message, phone messages or calls.

C. You acknowledge that your Personal Information may be disclosed to our partners and third-party service providers in the course of providing Services to you and that your Personal Information will be used by our partners and third-party service providers for the purposes of providing the Services to you. We do not permit our third-party service providers to use the Personal Information that we share with them for their marketing purposes or for any other purpose than in connection with the services they provide to us.

D. We may also share such Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any Subscriber or User, violations of our Policy, Terms of Use of any Agreements we may have in place, or as otherwise required by law.

E. Collecting, storing, deleting, processing, using, combining, sharing, transferring and disclosing your Personal Information may take place within Singapore, North America, South America or Europe Union,India, Asia Pacific and other such countries as applicable and appropriate., as the case may be. We strive to ensure compliance with all applicable laws depending on the jurisdiction applicable to you.

F. Your Connections:
You can use the contact upload Contact List feature and provide us, if permitted by applicable laws, with the phone numbers in your address book on a regular basis, including those of users of our Services and your other contacts. If any of your contacts aren’t yet using our Services, we’ll manage this information for you in a way that ensures those contacts cannot be identified by us. Learn more about our contact upload feature here. You can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information. You give your groups a name. You can provide a group profile picture or description.

IX. DATA STORAGE

Your Personal Information is stored securely in our or third-party servers situated in the same or the nearest location within which the collection or processing of your Personal Information takes place usually as is derived from your location.

X. YOUR RIGHTS

A. Users located within either the European Union, North America, South America, Singapore, India, Asia Pacific and other such countries as applicable and appropriate,have certain statutory rights available to them, based on the country’s jurisdiction under which they fall, in terms of their Personal Information. You may have a right to:

(i) request for access to your Personal Information;

(ii) request for copies of the same, subject to a minimal fee as applicable;

(iii) ensure the Personal Information provided to us is up to date and to request for correction of the Personal Information if found to be inaccurate;

(iv) withdraw consent or opt-out of certain Services;

(v) restrict or object to the processing of your Personal Information;

(vi) disclosure of Personal Information disclosed for valuable consideration;

(vii) not be discriminated against while exercising certain rights;

(viii) transfer or delete or erase your Personal Information under certain conditions;

(ix) lodge a complaint with the relevant data protection authority; and

(x) any other right as available to you under the relevant law.

B. These rights are subject to any applicable fees, limitations and exceptions, as the case may be, in accordance with the laws applicable to you.

C. We request a period of 10 (ten) days to one month, depending on the jurisdiction and the type of request, to respond to any requests made. If you wish to exercise any of your rights, please contact us at the email address provided in Clause XII.

XI. COOKIES AND ONLINE ADVERTISING

Cookies: Deskfactors may use cookies on the Website to analyze trends, administer the Website and track user movements in order to ensure better performance and to gather demographic information about our user base as a whole. Cookies help personalize and maximize your use of our Website, including storing user preferences, improving search results, advertisement selection and tracking user trends. You may choose to delete or block our cookies at the browser level, but if you choose to do so, it will limit your use of certain features or functions pertaining to our Services. We may collect, process and store any Personal Information you provide us when you use Services or Platform, including when you add information on a web form, add or update your account information, or when you correspond with us regarding the Services.

XII. THIRD-PARTY WEBSITES

Our Platform, Website and our communication with you may from time to time contain links to third-party websites, over which we have no control. If you follow a link to any of these websites, please note that they have their own terms, practices and policies. You agree to read the privacy policies and the terms of use of these websites and understand your rights therein. We accept no responsibility or liability for any practices of any third-party websites.

XIII. SECURITY

All information provided by you to us is stored on our or third-party secure servers. We protect your information using physical, technical, and administrative security measures to reduce the risks such as loss, misuse, unauthorized access, disclosure and alteration. We use the relevant industry standard encryptions like HTTPS and practices like protection against cyber-attacks, data encryption practices (such as SSL certificates), firewalls and information access authorization controls. We make best efforts to ensure that the security practices adopted by us are reasonably at par with industry standards. Further:

XIV. RETENTION OF DATA

A. Notwithstanding any other provisions under this Clause X, we will retain your Personal Information for as long as it is necessary to provide you with Services. Further, we may also be obligated to retain certain Personal Information under the applicable laws and/or as part of our contractual obligations with third-parties; and accordingly, such Personal Information shall be retained as prescribed under applicable laws or as part of our contractual obligations.

B. User Content will normally be retained for a 30 (thirty) day period or such other period determined solely at the discretion of Deskfactors with or without any notice thereof, post termination or suspension of Services to allow you to download the User Content. Such User Content will be automatically deleted upon completion of such period, as earlier stated, as the case may be. The right to download is available only upon successful completion of payments due by the Subscribers for utilizing our Services.

C. We may also retain (i) your Personal Information even after you have closed your account on the Platform, if reasonably necessary to comply with our obligations including law enforcement requests, to meet regulatory requirements, resolve disputes, investigate security incidents, prevent fraud and abuse, enforce our Agreements, or to fulfil your request to “unsubscribe” from further messages from us and/or(ii) retain anonymized information after your account has been closed and may continue to use your anonymized information aggregated or in combination with anonymized data of other Subscribers or users.

D. We will respond to information access, copying, blocking, unblocking, correction, deletion, suspension or transfer requests (“Requests”) within a timeframe of 10 (ten) to 30 (thirty) days. If we require additional time to cater to your Requests, we will acknowledge receipt of your request within such timeframe and do our best to promptly supplement our response within the time period (if any) required by applicable law.

XV. CROSS BORDER TRANSFERS

A. We do not share your Personal Information with third-parties, unless it is necessary to carry out your request, for our professional or legitimate business needs, to fulfil our contractual obligations or as required or permitted by law. Where we do transfer your Personal Information to third-parties or service providers, appropriate arrangements will be made in order to ensure correct and secure data processing in compliance with applicable data protection law.

B. We store Personal Information about Subscribers within the Europe Economic Area, the United States, Singapore, Canada, India, Asia Pacific and in other countries and territories in accordance with where you are located. To facilitate our global operations, we may transfer and access such Personal Information from around the world. Therefore, your Personal Information may be processed outside of the country from where your Personal Information was collected and to countries which may not have an adequate level of data protection as per received under the applicable data protection laws. In this event, we will ensure that the recipient of your Personal Information offers an adequate level of protection or we will ask you for your prior consent to such international data transfers.

C. While one cannot guarantee total data protection, we have done our best to implement reasonable safeguards to ensure an adequate level of data protection where your Personal Information is transferred to other countries.

XVI. CONTACT US

If you have any questions, comments or requests regarding Personal Information, please contact our data protection officer at blue@bluesecures.com.

XVII. GOVERNING LAW

This Privacy Policy is published and shall be governed by and construed in accordance with the applicable laws of the State of Delaware, as amended from time to time, without reference to conflict of laws principles. The courts in Delaware, USA, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, this Privacy Policy. Subscriber agrees to submit to the jurisdiction of the courts in Delaware, USA, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

XVIII. Device And Connection Information.

When you install, access, or use our Services, we may collect device and connection specific information - Information like the hardware model, operating system information, battery level, signal strength, app version, browser information, mobile network details, connection information including whether you're using Wifi or cellular data, mobile operator ,or internet service provider (ISP), language and time zone, IP address, device operations information, and identifiers are included here (including identifiers unique to BlueSecures associated with the same device or account).

XIX. General Location Information.

Even if you decide not to utilize our precise location-related features (see Information Shared by You and by Us with Third Parties), we use IP addresses and other information like phone numbers, area codes, to estimate your general location (e.g., country, area, location and such).

XX. Information Shared by You and by Us with Third Parties

When you interact with others using our services, you share user content. When you send information to the individual who are on BlueSecures or external to other applications or to say WhatsApp business users, that you select to connect with, you have control over what is being sent. Please be aware that once you provide a BlueSecures user content, they may save it or share it with others based on your business needs for which BlueaSecures offers its services especially with regards to information pertaining to your account and usage thereon. Users who have your phone number can see your account information (phone number, profile photo, and "about" information in user settings) as part of your BlueSecures messaging experience and as well based on your privacy settings. Other users can also add you to groups where this information may subsequently be potentially available to others in the group, and this could be applicable within BlueSecures or with other applications with whom BlueSecures is integrated with. When you send a message to another user or to a group, your chosen profile name will become visible to the recipients of the message, including users who do not have you in their contact list. Users who have your phone number can also see your “last seen” information and your message receipts.

XXI. Third-Party Services

The suppliers of those services or products may obtain information about you from you or other users you engage with when you utilize third-party services or other BlueSecures Company Products that are linked through our Services. BlueSecures potentially works with third party services providers such as – telecommunications technology providers through whom you send and receive SMS, who process their services by validating or authenticating your phone numbers and BlueSecures could potentially tie up with any such telecommunication technology provider globally to ensure that the service levels are maintained for the business and for you as a user (US, India, Singapore, Europe, Japan, Middle East, Australia, New Zealand and such others). BlueSecures also could work with and works with / collaborates with location data providers to enable you to share location data and seek nearby location of other users on BlueSecures. These location data providers could be located globally or in a specific location and could offer global data mapping solutions to BlueSecures.

XXII. User Choices.

We collect information about your in-app settings records about when you accepted BlueSecures terms & conditions. Only you are in control of your settings which can be used to change - who can see your profile photo, name, user type (employee/admin/customer etc.) and mobile number.

XXIII. Prominent disclosure and Consent:

BlueSecures collects / transmits / syncs / stores data of all user content that you generate while using BlueSecures for business secure messaging transactions and when you give us permission to enable specific product features in your device-based settings, we process information for the reasons outlined below. The following lists the types of information that are used, along with their purposes and methods of processing:

For collecting information through the device-based settings which you have enabled, for example:

Privacy Policy - Users

At Deskfactors, we are committed to ensuring that your Personal Information is kept secure. We understand the importance of your privacy and do our best to prevent any compromise to the same. With this Privacy Policy for Users ( ‘Privacy Policy’ or ‘Policy’), we aim to inform you on the manner in which your Personal Information will be either collected, processed, stored or transferred.

Deskfactors Inc. is a company incorporated and registered in the state of Delaware, USA (the "Company”) with the following State File Number: 20202357853. For the purpose of this Privacy Policy, "you", “yours” and "users" as used herein refers to anyone, including any individuals and/or entities registering, accessing or using the Platform as a user and/or who is added to the Platform by the Subscriber or Internal User;the word “Subscriber” as used herein refers to anyone, including any individuals and/or entities subscribing to, registering, accessing or using the Platform as an administrator and who is able to add users to the Platform.; andthe words “we”, “our”or “us” means the Company, rendering certain services on the Platform.

This Privacy Policy for Users applies to all our products and/or services including our software, applications, our cloud-based platform and/or mobile application known as Bluesecures (“Platform”). We recommend that you also read our Terms of Use for Users (“Terms of Use”) along with any additional terms or policies uploaded onto our Website [www.bluesecures.com] (the “Website”). This Policy, the Terms of Use and any other policies, guidelines made applicable to you, from time to time, along with any agreements your Subscriber might have entered into with us pertaining to the use of our Services, constitute the entire agreement between us and you with respect to your access to or use of our Services. For any information with respect to the terms of the agreement your Subscriber has entered into with us, please contact your Subscriber.

Your Subscriber is the data controller with respect to your Personal Information. A data controller determines the purposes for which and the meansby which your Personal Information is processed. Your Subscriber has collected/will be collecting certain information of yours during the registration/ subscription process and access/ use of our Platform by you. The Subscriber will be fully accountable for the protection of your Personal Information and is mandated by law to take all necessary steps to stay compliant in this respect in accordance with the applicable laws. Please, read this Policy thoroughly to learn the details of what information of yours requires protection, what rights you may have on your Personal Information and how to exercise these rights, what Personal Information of yours is being collected by your Subscriber, the meansby which your Personal Information is processed and the purpose for which it’s collected, how your Personal Information will be used/ stored/ protected/ disclosed/ transferred etc., how you can exercise your rights over your Personal Information, whether your Personal Information will be shared with third parties and the purpose for which it will be shared, where your Personal Information is being stored and how long we intend to keep it, and other related information/ details you might find useful.

Any policies in place between you and the Subscriber with regard to any Personal or Non-Personal information shared shall stand separate from this Policy.

Please, read this Policy carefully, and if you agree to provide your consent with respect to your Personal Information in terms as given here, please continue and register, access and use our Services. Based on your location and the jurisdiction of law you fall under, you agree that you are of appropriate legal age or older to visit, access and/or use the Services in any manner. By registering, accessing and/or using our Services you represent and warrant to the Company that you are of the appropriate legal age or older, and that you have the right, authority and capacity to use the Service and that you agree to the terms of this Policy. If you are not of appropriate legal age to access and/or use the Service or to provide consent, then it will be understood that your parent or guardian expressly agrees to consent to our terms on your behalf by allowing you to access and/or use the Service. The Subscriber shall take full responsibility of ensuring such express consent has been obtained from the parent or guardian in order to allow for your access and/or use of the Service and shall not hold Deskfactors responsible for any failure to obtain such express consent.

I. POLICY UPDATES AND APPLICABILITY

II. INFORMATION COLLECTED AND/OR PROCESSED

III. INFORMATION YOU PROVIDE

You may choose to provide us with additional Personally Identifiable Information in order to obtain a better user experience when using BlueSecures.

IV. INFORMATION YOU AND WE SHARE

You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.

• Send Your Information To Those With Whom You Choose To Communicate - You share your information (including messages) as you use and communicate through our Services.
• Information Associated With Your Account- Your phone number, profile name and photo are available to anyone who uses our Services
• Your Contacts And Others - Users, including businesses, with whom you communicate can store or reshare your information (including your phone number or messages) with others on and off our Services.

V Contacts

Contact upload is a feature that allows us to provide contacts from your device’s address book that can be invited to use BlueSecures. When you use contact upload and grant BlueSecures access to your device address book, while inviting users to BlueSecures, BlueSecures will access and upload the phone numbers in your address book typically daily. We don’t collect any of the other information that could appear in your device address book including email IDs, addresses etc. You can control the contact upload feature from your device-based settings. If you choose not to use Contact Upload you can still communicate with people who are on BlueSecures but certain functionality will be limited.

VI Mobile Applications

The mobile applications of the Product, may seek access to data stores in User's Phone, such as SMS, Photos, Contact List etc. The purpose of this access is solely towards complete functionality of relevant Services. The mobile applications will not run to their full potential if User chooses to not provide the necessary access.

VII. CONSENT

VIII. PURPOSE OF COLLECTION, PROCESSING, USE, STORAGE AND DISCLOSURE OF INFORMATION

A. The Subscriber collects, processes, uses, stores and or discloses your Personal Information for the purposes:

(i) of using our Platform features such as generating/ sharing content, communicating with other users, creating profiles, registering for third-party services, participating in online surveys or discussion groups and/ or forums and for registering to our newsletters;

(ii) of communicating with you and responding to your questions or requests, providing you with the required feedback, support and assistance in order for you to effectively use our Platform and avail our Services;

(iii) of assessing the required customizations in order to better your experience of our Platform or Website;

(iv) of complying with applicable laws and regulations;

(v) of responding to or taking part in legal proceedings, including seeking professional advice; and

(vi) as arising from or incidental to the above.

B. You acknowledge that your information may be disclosed to our partners and third-party service providers in the course of providing Services to you and that your Personal Information will be used by our partners and third-party service providers solely for the purposes of providing Services to you. We do not permit our partners and third-party service providers to use the information, that we share with them, for their marketing purposes or for any other purpose other than in connection with the services they provide to us.

C. We or the Subscriber may shareyour Personal Information if it is believed that it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any Subscriber or User, violations of our Policy, Terms of Use of any Agreements we may have in place, or as otherwise required by law.

D. Collecting, storing, deleting, processing, using, combining, sharing, transferring and disclosing your Personal Information may take place within Singapore, North America, South America or Europe Union, India, Asia Pacific and other such countries as applicable and appropriate., as the case may be. We strive to ensure compliance with all applicable laws depending on the jurisdiction applicable to you.

E. Your Connections:
You can use the contact upload Contact List ; feature and provide us, if permitted by applicable laws, with the phone numbers in your address book on a regular basis, including those of users of our Services and your other contacts. If any of your contacts aren’t yet using our Services, we’ll manage this information for you in a way that ensures those contacts cannot be identified by us. Learn more about our contact upload feature here. You can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information. You give your groups a name. You can provide a group profile picture or description.

IX. DATA STORAGE

Your Personal Information is stored securely in our or third-party servers situated in the same or the nearest location within which the collection or processing of your Personal Information takes place usually as is derived from the Subscriber location.

X. YOUR RIGHTS

A. Users locatedwithin either the European Union, North America, South America, SingaporeIndia, Asia Pacific and other such countries as applicable and appropriate, have certain statutory rights available to them, based on the country’s jurisdiction under which they fall, in terms of their Personal Information. You may have a right to;

(i) request for access to your Personal Information;

(ii) request for copies of the same, subject to a minimal fee as applicable;

(iii) ensure the Personal Information provided is up to date and to request for correction of the Personal Information if found to be inaccurate;

(iv) withdraw consent or opt-out of certain Services;

(v) restrict or object to the processing of your Personal Information;

(vi) disclosure of Personal Information disclosed for valuable consideration;

(vii) not be discriminated against while exercising certain rights;

(viii) transfer or delete or erase your Personal Information under certain conditions;

(ix) lodge a complaint with the relevant data protection authority; and

(x) any other right as available to you under the relevant law.

B. These rights are subject to any applicable fees, limitations and exceptions, as the case may be, in accordance with the laws applicable to you.

C. We request a period of 10 (ten) days to one month, depending on the jurisdiction and the type of request, to respond to any requests made. If you wish to exercise any of your rights, please contact the Subscriber via email or by using the chat feature available on the Platform.

XI. COOKIES AND ONLINE ADVERTISING

Cookies: Deskfactors may use cookies on the Website to analyze trends, administer the Website and track user movements in order to ensure better performance and to gather demographic information about our user base as a whole. Cookies help personalize and maximize your use of our Website, including storing user preferences, improving search results, advertisement selection and tracking user trends. You may choose to delete or block our cookies at the browser level, but if you choose to do so, it will limit your use of certain features or functions pertaining to our Services. The Subscriber may collect, process and store any Personal Information you provide when you use Services, including when you add Personal Information on a web form, add or update your account information, or when you correspond with the Subscriber while using our Services.

XII. THIRD-PARTY WEBSITES

Our Platform, Website and our communication with you may from time to time contain links to third-party websites, over which we have no control. If you follow a link to any of these websites, please note that they have their own terms, practices and policies. You agree to read the privacy policies and the terms of use of these websites and understand your rights therein and adhere to the same. We accept no responsibility or liability for any practices of any third-party websites.

XIII. SECURITY

All information provided by you is stored on our or any third-party secure servers. We protect your information using physical, technical, and administrative security measures to reduce the risks such as loss, misuse, unauthorized access, disclosure and alteration. We use the relevant industry standard encryptions like HTTPS and practices like protection against cyber-attacks, data encryption practices (such as SSL certificates), firewalls and information access authorization controls. We make best efforts to ensure that the security practices adopted by us are reasonably at par with industry standards. Further:

XIV. RETENTION OF DATA

XV. CROSS BORDER TRANSFERS

XVI. CONTACT US

If you have any questions, comments or requests regarding the Personal Information that we process, please contact our data protection officer at blue@bluesecures.com. Any questions regarding collection and processing of your Personal Information by the Subscriber may be directed to the Subscriber by using the chat feature found within the Platform or via e-mail.

XVII. GOVERNING LAW

This Privacy Policy is published and shall be governed by and construed in accordance with the applicable laws of the State of Delaware, as amended from time to time, without reference to conflict of laws principles. The courts in Delaware, USA, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, this Privacy Policy. You agree to submit to the jurisdiction of the courts in Delaware, USA, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

XVIII. Device And Connection Information.

When you install, access, or use our Services, we may collect device and connection specific information - Information like the hardware model, operating system information, battery level, signal strength, app version, browser information, mobile network details, connection information including whether you're using Wifi or cellular data, mobile operator ,or internet service provider (ISP), language and time zone, IP address, device operations information, and identifiers are included here (including identifiers unique to BlueSecures associated with the same device or account).

XIX. General Location Information.

Even if you decide not to utilize our precise location-related features (see Information Shared by You and by Us with Third Parties), we use IP addresses and other information like phone numbers, area codes, to estimate your general location (e.g., country, area, location and such).

XX. Information Shared by You and by Us with Third Parties

When you interact with others using our services, you share user content. When you send information to the individual who are on BlueSecures or external to other applications or to say WhatsApp business users, that you select to connect with, you have control over what is being sent. Please be aware that once you provide a BlueSecures user content, they may save it or share it with others based on your business needs for which BlueaSecures offers its services especially with regards to information pertaining to your account and usage thereon. Users who have your phone number can see your account information (phone number, profile photo, and "about" information in user settings) as part of your BlueSecures messaging experience and as well based on your privacy settings. Other users can also add you to groups where this information may subsequently be potentially available to others in the group, and this could be applicable within BlueSecures or with other applications with whom BlueSecures is integrated with. When you send a message to another user or to a group, your chosen profile name will become visible to the recipients of the message, including users who do not have you in their contact list. Users who have your phone number can also see your “last seen” information and your message receipts.

XXI. Third-Party Services

The suppliers of those services or products may obtain information about you from you or other users you engage with when you utilize third-party services or other BlueSecures Company Products that are linked through our Services. BlueSecures potentially works with third party services providers such as – telecommunications technology providers through whom you send and receive SMS, who process their services by validating or authenticating your phone numbers and BlueSecures could potentially tie up with any such telecommunication technology provider globally to ensure that the service levels are maintained for the business and for you as a user (US, India, Singapore, Europe, Japan, Middle East, Australia, New Zealand and such others). BlueSecures also could work with and works with / collaborates with location data providers to enable you to share location data and seek nearby location of other users on BlueSecures. These location data providers could be located globally or in a specific location and could offer global data mapping solutions to BlueSecures.

XXII. User Choices.

We collect information about your in-app settings records about when you accepted BlueSecures terms & conditions. Only you are in control of your settings which can be used to change - who can see your profile photo, name, user type (employee/admin/customer etc.) and mobile number.

XXIII. Prominent disclosure and Consent:

BlueSecures collects / transmits / syncs / stores data of all user content that you generate while using BlueSecures for business secure messaging transactions and when you give us permission to enable specific product features in your device-based settings, we process information for the reasons outlined below. The following lists the types of information that are used, along with their purposes and methods of processing:

For collecting information through the device-based settings which you have enabled, for example:

Subscription Agreement for using Software as a Service (SaaS)

This Subscription Agreement is between the entity you represent, or, if you do not designate an entity in connection with a Subscription purchase or renewal, you individually ("you" or "your" or "Client or “Customer” or “Business Entity”), and Deskfactors Inc., Towerview Offices LLC., 4804 Page Creek Lane, Durham, NC 27703 ("Deskfactors", “Licensor”, "we, "us", or "our"). It consists of the terms and conditions below for your Subscription or renewal (together, the "agreement""). It is effective on the date we provide you with confirmation of your Subscription or the date on which your Subscription is renewed, as applicable. Key terms are defined in Section 8.

1. Use of Online Services.

a. Right to use.

We grant you the right to access and use the Online Services and to install and use the Software included with your Subscription, as further described in this agreement. We reserve all other rights.

b. Acceptable use.

You may use the Product only in accordance with this agreement. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Product, except to the extent applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters your use of the Online Services. You may not rent, lease, lend, resell, transfer, or host the Product, or any portion thereof, to or for third parties except as expressly permitted in this agreement or the Online Services Terms. Neither you, nor those that access an online service through you, may use an online service in a way prohibited by law, regulation, governmental order or decree, to violate the rights of others; to try to gain unauthorized access to or disrupt any service, device, data, account or network; to spam or distribute malware; in a way that could harm the Online Service or impair anyone else’s use of it; in any application or situation where failure of the Online Service could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage; or to assist or encourage anyone to do any of the above. Violation of this section may result in suspension of the Online Service. If Deskfactors suspends the Online Service, Deskfactors will suspend only to the extent reasonably necessary. Unless Deskfactors believes an immediate suspension is required, Deskfactors will provide reasonable notice before suspending an Online Service for the reasons stated above.

c. End Users.

You control access by End Users, and you are responsible for their use of the Product in accordance with this agreement.

d. Customer Data.

You are solely responsible for the content of all Customer Data. You will secure and maintain all rights in Customer Data necessary for us to provide the Online Services to you without violating the rights of any third party or otherwise obligating Deskfactors to you or to any third party. Deskfactors does not and will not assume any obligations with respect to Customer Data or to your use of the Product other than as expressly set forth in this agreement or as required by applicable law. You are also responsible to notify End Users of your policies with respect to Customer Data and ensuring that processing of the Customer Data is conducted as required by applicable law. e. Responsibility for your accounts. You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Online Services. You must promptly notify our customer support team about any possible misuse of your accounts or authentication credentials or any security incident related to the Online Services.

f. Managed Services.

You are responsible for the third party’s use of the Software and the Services in accordance with the terms of this agreement. Your provision of the Services remains subject to the following limitations: (i) you may not resell or redistribute the Services, and (ii) you may not allow multiple users to directly or indirectly access any Services feature that is made available on a per-user basis.

g. Admin.

If you’re representing an organization (as Admin), representing a group of co-workers or business partners, you are the Customer entering into this agreement, and you represent you have the authority to do so. When you invite an individual to use BlueSecures (free), or when users you have invited invite a new individual, you are taking additional responsibilities with respect to the use of BlueSecures (free) by that individual. As such, your provision of BlueSecures (free) remains subject to the Online Services Terms, including the ownership and management of Customer Data by you. For example, you control the processing of Customer Data, and Deskfactors does not have the authorization or access to process Customer Data. Your instructions to the software provided by Deskfactors may include access, control, use, and deletion of Customer Data, and you remain responsible to all obligations under the Online Services Terms. Further, you (i) control and administer your account and that of End Users, including modifying and terminating access, and (ii) you may access and process your data, and that of End Users, included contents of communications and files. End Users may also submit requests to the Admin regarding administrative operations of their account, such as deletion, access, and control of Customer Data, provision and deprovisioning access to the product, management of teams and channels, access permissions and such others. Please review the Online Services Terms (subscription terms and end-user terms) for additional information. Any administrative and representative function exercised by you may be transferred and re-assigned to another individual based on authorization from the rightful authority from the business entity. You, if assigned by the client or the business entity agree to take any actions reasonably requested of the authority of the business entity to facilitate the transfer of administrative function or representation to another individual within the entity. If you identify a data breach or a security threat or any issues pertaining to your business operations, as the authorized representative you may notify Deskfactors to shut down access to the workspace or the business account which is being used on Deskfactors online service platform. You also agree to ensure that all End Users are over the age of 18 years old as BlueSecures is intended for users over the age of 18. If you chose to upgrade to a paid Subscription, all payment terms in this Agreement will then apply. Furthermore, at the time of upgrade, you shall select a single domain associated with the organization to be used for all End User accounts. BlueSecures is a limited offering and is provided to you subject to change, deprecation, or termination at any time by Deskfactors for any reason, as described in Section 3 of this agreement. For instance, if you exceed such usage limits of as notified on the website or feature list on the apps, from time to time, your use of BlueSecures may be restricted to the services that you have subscribed for and you may add additional features and services based on additional subscription payments as appropriate.

h. Administrator Assumption of Control.

If you use an email address or a mobile device provided by an organization (client) or not, that you are affiliated with (e.g. an employer or school) to order an Online Service individually, you represent that you have authority to use that organization’s domain to sign up for a Subscription in your capacity as a member of that organization. The organization, as the owner of the domain associated with your email address, may assume control over and manage your use of the Online Services. In such a case, your organization’s designatedadministrator (your “admin”) may (i) control and administer your account, including modifying and terminating your access and (ii) access and process your data, including the contents of your communications and files. Deskfactors may inform you that your organization has assumed control of the Online Services covered by your Subscription, but Deskfactors is under no obligation to provide such notice. If your organization is administering your use of the Online Services or managing the tenant associated with your Subscription, direct your data subject requests and privacy inquiries to your administrator. If your organization is not administering your use of the Online Service or managing such tenant, direct your data subject requests and privacy inquiries to Deskfactors.

i. Shared Directory Data.

When you order an Online Service using an email address with a domain provided by an organization you are affiliated with (e.g. an employer or school), the Online Service adds you to a directory of users that share the same email domain. Your directory data (name, date of signup, and email address) may be visible to other users of Online Services within your organization’s email domain.

j. Additional Software for use with the Online Services.

To enable optimal access to and use of certain Online Services, you may install and use certain Software in connection with your use of the Online Service as described in the Online Services Terms. We license Software to you; we do not sell it. Proof of your Software license is (1) this agreement, (2) any order confirmation, and (3) proof of payment. Your rights to access Software on any device do not give you any right to implement Deskfactors’ patents or other Deskfactors’ intellectual property in software or devices that access that device.

2. Purchasing services

a. Available Subscription offers.

The Portal provides Offer Details for available Subscription offers, which generally can be categorized as one or a combination of the following:

(i) You commit in advance to purchase a specific quantity of Online Services for use during a Term and to pay upfront or on a periodic basis in advance of use. With respect to the Services, additional or other usage (for example, usage beyond your commitment quantity) may be treated as a consumption offering. Committed quantities not used during the Term will expire at the end of the Term.

(ii) You pay based on actual usage in the preceding month with no upfront commitment. Payment is on a periodic basis in arrears.

b. Ordering.

(i) By ordering or renewing a Subscription, you agree to the Offer Details for that Subscription. Unless otherwise specified in those Offer Details, Online Services are offered on an “as available” basis. You may place orders for your Affiliates under this agreement and grant your Affiliates administrative rights to manage the Subscription, but Affiliates may not place orders under this agreement. You also may assign the rights granted under Section 1.a. to a third party for use by that third party in your internal business. If you grant any rights to Affiliates or third parties with respect to Software or your Subscription, such Affiliates or third parties will be bound by this agreement and you agree to be jointly and severally liable for any actions of such Affiliates or third parties related to their use of the Products.

(ii) Some offers may permit you to modify the quantity of Online Services ordered during the Term of a Subscription. Additional quantities of Online Services added to a Subscription will expire at the end
of
that Subscription. If you decrease the quantity during a Term, we may charge you a cancellation fee for the decrease in quantity as described below in Section 3.b..

c. Pricing and payment.

Payments are due and must be made according to the Offer Details for your Subscription.

(i)For Commitment Offerings, the price level may be based on the quantity of Online Services you ordered. Some offers may permit you to modify the quantity of Online Services ordered during the Term and your price level may be adjusted accordingly, but price level changes will not be retroactive. All prices are subject to change at the beginning of any Subscription renewal.

(ii) For Consumption Offerings, pricing is subject to change at any time upon notice.

d. Renewal.

(i) Upon renewal of your Subscription, this agreement will terminate, and your Subscription will thereafter be governed, by the terms and conditions set forth in the Portal on the date on which your Subscription is renewed (the “Renewal Terms”). If you do not agree to any Renewal Terms, you may decline to renew your Subscription.

(ii) For Commitment Offerings, you may choose to have a Subscription automatically renew or terminate upon expiration of the Term. Automatic renewal is pre-selected. You can change your selection at any time during the Term. If the existing Term is longer than one calendar month, we will provide you with notice of the automatic renewal before the expiration of the Term.

(iii) For Consumption Offerings, your Subscription will renew automatically for additional one-month terms until you terminate the Subscription.

e. Taxes

Prices are exclusive of any taxes unless otherwise specified on the invoice as tax inclusive. You must pay any applicable goods and services taxes, fees, charges or surcharges, or similar amounts that are owed under this agreement and which we are permitted to collect from you under applicable law. You will be responsible for any applicable stamp taxes and for all other taxes that you are legally obligated to pay including any taxes that arise on the distribution or provision of Products to your Affiliates.

If any taxes are required to be withheld on payments you make to us, you may deduct such taxes from the amount owed to us and pay them to the appropriate taxing authority; provided, however, that you promptly secure and deliver an official receipt for those withholdings and other documents we reasonably request to claim a foreign tax credit or refund. You must ensure that any taxes withheld are minimized to the extent possible under applicable law.

3. Term, termination, and suspension

a. Agreement term and termination.

This agreement will remain in effect until the expiration, termination, or renewal of your Subscription, whichever is earliest. During the subscription and after, the Admin, End-users, Customer / Business entity which has subscribed to the online services from Deskfactors shall be bound by the clickwrap Subscription & User agreements that are displayed on the website and or apps which are used by the customer and downloaded from different market places such as Playstore, Appstore etc.

b. Subscription termination.

You may terminate a Subscription at any time during its Term; however, you must pay all amounts due and owing before the termination is effective.

c. Suspension.

We may, upon request from client or independently suspend your use of the Online Services if: (1) it is reasonably needed to prevent unauthorized access to Customer Data; (2) you fail to respond to a claim of alleged infringement under Section 5 within a reasonable time; or (3) you do not pay amounts due under this agreement. If one or more of these conditions occurs, a suspension will apply to the necessary part of the Online Services and will be in effect only while the condition or need exists. We will give notice before we suspend, except where we reasonably believe we need to suspend immediately. We will give at least 30 days' notice before suspending for non-payment. After which, we may terminate your Subscription and delete your Customer Data without any retention period. We may also terminate your Subscription if your use of the Online Services is suspended more than twice in any 12-month period.

4. Warranties.

a. Limited warranty.

(i) Online Services.

The Online Services will meet the terms mentioned in the clip-wrap subscriber & end user agreements published on the applications downloaded from the marketplace.

(ii) Software.

We warrant that the Software will perform reasonably as described in the applicable user documentation. If Software fails to meet your expectation, we will, at our option and as your exclusive remedy, either (1) return any advance paid for the Software, which is still not recognized as revenues (2) repair the Software to the best of our abilities.

b. Limited warranty exclusions.

This limited warranty is subject to the following limitations:

(i)any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last 6 months from the start of the limited warranty;

(ii)this limited warranty does not cover problems caused by accident, abuse or use of the Products in a manner inconsistent with this agreement or our published documentation or guidance, or resulting from events beyond our reasonable control;

(iii)this limited warranty does not apply to problems caused by a fai(ii) You will defend us against any claims made by an unaffiliated third party that (1) any Customer Data, Customer Solution, or Non-Deskfactors Products, or services you provide, directly or indirectly, in using a Product infringes the third party’s patent, copyright, or trademark or makes unlawful use of its trade secret; or (2) arises from breach of your obligations.lure to meet minimum system requirements; and

(iv)this limited warranty does not apply to Previews or free usage.

c. DISCLAIMER. Other than this warranty, we provide no warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability or fitness for a particular purpose. These disclaimers will apply except to the extent applicable law does not permit them.

5. Defense of claims.

a. Defense.

(i) We will defend you against any claims made by an unaffiliated third party that a Product infringes that third party’s patent, copyright or trademark or makes unlawful use of its trade secret.

(ii) You will defend us against any claims made by an unaffiliated third party that (1) any Customer Data, Customer Solution, or Non-Deskfactors Products, or services you provide, directly or indirectly, in using a Product infringes the third party’s patent, copyright, or trademark or makes unlawful use of its trade secret; or (2) arises from breach of your obligations.

b. Limitations.

Our obligations in Section 5.a. will not apply to a claim or award based on: (i) any Customer Solution, Customer Data, Non-Deskfactors Products, modifications & customizations that you make to the Product with or without Deskfactors authorization, or services or materials you provide or make available as part of using the Product; (ii) your combination of the Product with, or damages based upon the value of, Customer Data or a Non-Deskfactors Product, data, or business process; (iii) your use of a Deskfactors’ trademark without our express written consent, or your use of the Product after we notify you to stop due to a third-party claim; (iv) your redistribution of the Product to, or use for the benefit of, any unaffiliated third party; or (v) Products provided free of charge.

c. Remedies.

If we reasonably believe that a claim under Section 5.a.(i). may bar your use of the Product, we will seek to: (i) obtain the right for you to keep using it; or (ii) modify or replace it with a functional equivalent and notify you to stop use of the prior version of the Product. If these options are not commercially reasonable, we may terminate your rights to use the Product and then refund any advance payments for unused Subscription rights.

d. Obligations.

Each party must notify the other promptly of a claim under this Section. The party seeking protection must (i) give the other sole control over the defense and settlement of the claim; and (ii) give reasonable help in defending the claim. The party providing the protection will (1) reimburse the other for reasonable out-of-pocket expenses that it incurs in giving that help and (2) pay the amount of any resulting adverse final judgment or settlement. The parties’ respective rights to defense and payment of judgments (or settlement the other consents to) under this Section 5 are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law or statutory rights.

6. Limitation of liability.

a. Limitation.

The aggregate liability of each party for all claims under this agreement is limited to direct damages up to the amount paid under this agreement for the Online Service during the 1 (one) month before the cause of action arose. For Products provided free of charge, Deskfactors’ liability is limited to direct damages up to $1000.

b. Exclusion.

Neither party will be liable for loss of revenue or indirect, special, incidental, consequential, punitive, or exemplary damages, or damages for lost profits, revenues, business interruption, or loss of business information, even if the party knew they were possible or reasonably foreseeable.

c. Exceptions to limitations.

The limits of liability in this Section apply to the fullest extent permitted by applicable law, but do not apply to: (1) the parties' obligations under Section 5; or (2) violation of the other's intellectual property rights.

7. Miscellaneous.

a. Notices.

Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Notices to Deskfactors must be sent to the following address:

Deskfactors Inc
Towerview Offices LLC
4804 Page Creek Lane
Durham,NC 27703
info@deskfactors.com

Notices to you will be sent to the address that you identify on your account as your contact for notices. Deskfactors may send notices and other information to you by email or other electronic form.

b. License Transfers and Assignment.

You may not assign this agreement either in whole or in part or transfer licenses without Deskfactors’ prior written consent.

c. Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

d. Waiver.

Failure to enforce any provision of this agreement will not constitute a

e. No agency.

This agreement does not create an agency, partnership, or joint venture.

f. No third-party beneficiaries.

There are no third-party beneficiaries to this agreement.

g. Applicable law and venue.

This Agreement shall be governed and construed in accordance with the laws of Delaware (US) Incorporated entity. Any differences, claim or controversy arising between the Parties as to this Agreement or any breach thereof, which cannot be settled by good faith negotiations between the Parties within ninety (90) days after one Party gives the other Party a notice requesting discussions to resolve such dispute, including any question regarding its existence, validity, interpretation or termination, shall be finally settled by a sole arbitrator appointed on mutual consent of the Parties. The place of arbitration shall be Durham, North Carolina. The arbitration shall be conducted in the English language. The arbitration award shall be final and binding.

h. Entire agreement.

This agreement read with the master services agreement, privacy policy, terms and conditions and the purchase order form constitute the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.

i. Survival.

The terms in Sections 1, 2.c., 2.e., 4, 5, 6, 7, and 8 will survive termination or expiration of this agreement.

j. Force majeure.

Neither party will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, pandemics, epidemics, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Online Services)). This Section will not, however, apply to your payment obligations under this agreement.

k. Contracting authority.

If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this agreement on that entity’s behalf. If you specify an entity, or you use an email address provided by an entity you are affiliated with (such as an employer) in connection with a Subscription purchase or renewal, that entity will be treated as the owner of the Subscription for purposes of this agreement.

8. Definitions.

Any reference in this agreement to “day” will be a calendar day.

“Affiliate” means any legal entity that a party owns, that owns a party, or that is under common ownership with a party.

“Ownership” means, for purposes of this definition, control of more than a 50% interest in an entity.

“Customer Data” means all data, including all text, sound, video, or image files, and software, that is generated and used by the client / customers / users through use of the Online Service provided by Deskfactors.

“Customer Solution” means an application or any set of applications that adds primary and significant functionality to the Deskfactors’ services.

“End User” means any person you permit to access Customer Data hosted in the Online Services or otherwise use the Online Services, or any user of a Customer Solution.

“Non-Deskfactors Product” means any third-party-branded software, data, service, website or product, unless incorporated by Deskfactors in an Online Service.

“Offer Details” means the pricing and related terms applicable to a Subscription offer, as published in the Portal.
“Online Services” means any of the Deskfactors-hosted services to which you subscribe under this agreement.

“Online Services Terms” means the terms that apply to your use of the Products available at Deskfactors website or as an application Appstore or Playstore or such marketplaces. The Online Services Terms include terms governing your use of Products that are in addition to the terms in this agreement.

“Previews” means preview, beta, or other pre-release version or feature of the Online Services or Software offered by Deskfactors to obtain customer feedback.

“Portal” means the Online Services’ respective web sites or at an alternate website we identify. “Product” means any Online Service (including any Software).

“SLA” means the commitments we make regarding delivery and/or performance of an Online Service.

“Software” means Deskfactors’ software we provide for installation on your device as part of your Subscription or to use with the Online Service to enable certain functionality.

“Subscription” means an enrolment for Online Services for a defined Term as specified on the Portal. You may purchase multiple Subscriptions, which may be administered separately, and which will be governed by the terms of a subscription agreement.

“Term” means the duration of a Subscription.