Welcome to GetX’s Terms of Use!

We are truly excited to have you aboard. Thank you for choosing to use our Products/services.

We strongly urge you to read this policy and make sure you fully understand it, before you access or use any of our Products or services.

You undertake and agree to:
  1. fully comply with all applicable laws and any other contractual terms which govern your use of the GetX Products/services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the GetX Products/Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the GetX Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Productss, and any applications and/or Third Party Services used by you;
  4. receive from time to time promotional messages and materials from GetX or its partners, by e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
  5. allow GetX to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of GetX’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against GetX or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
  6. GetX’s sole discretion as to the means, manner, and method for performing the GetX Products/services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
  7. GetX shall have the right to offer the GetX Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the GetX Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
You agree and undertake not to:
  1. copy, modify,create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the GetX Website, the GetX Services (or any part thereof), any Content offered by GetX or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without GetX’s prior written and specific consent and/or as expressly permitted under the GetX Terms;
  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of GetX or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
  4. ask for any money refund which has been paid against a Products/services that you have bought from GetX 
  5. upload, insert, collect or otherwise make available  within the GetX Website or the GetX Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
  6. publish and/or make any use of the GetX Services or Licensed Content on any website, media, network or system other than those provided by GetX; 
  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the GetX Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the GetX Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the GetX Services;
  8. act in a manner which might be perceived as damaging to GetX’s reputation and goodwill or which may bring GetX into disrepute or harm;
  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use GetX or GetX Labs and/or variations and misspellings thereof;
  10. impersonate any person or entity or provide false information on the GetX Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to GetX and/or any End Users;
  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that GetX or any third party endorses you, your User Platform, your business, your User Productss, or any statement you make;
  12. reverse look-up, trace, or seek to trace another User of GetX Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the GetX Services and/or User Platform without their express and informed consent;
  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the GetX Services, User Platform, the account of another User(s), or any other systems or networks connected to the GetX Services, by hacking, password mining, or other illegitimate or prohibited means;
  14. probe, scan, or test the vulnerability of the GetX Services or any network connected to the GetX Services;
  15. upload to the GetX Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the GetX Services or GetX’s systems or networks connected to the GetX Services, or otherwise interfere with or disrupt the operation of any of the GetX Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  17. use any of the GetX Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  18. access to GetX Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
  19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or GetX Services, except as expressly permitted by the GetX Terms;
  20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the GetX Services and/or Licensed Content; or
  21. violate, attempt to violate, or otherwise fail to comply with any of the GetX Terms or any laws or requirements applicable to your use of the GetX Services.
  22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive Products or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

Content and Ownership

As between GetX and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. GetX does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform.

All rights, title and interest in and to the GetX Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the GetX Services, methods, Productss, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to GetX.

Subject to your full compliance with the GetX Terms and timely payment of all applicable Fees, GetX hereby grants you, upon creating your User Account and for as long as GetX wishes to provide you with the GetX Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the GetX Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Productss (as defined below) therein, solely as expressly permitted under the GetX Terms, and solely within the GetX Services.

The GetX Terms do not convey any right or interest in or to GetX’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the GetX Terms constitutes an assignment or waiver of GetX’s Intellectual Property rights under any law.

If you provide us with any suggestions, comments or other feedback relating to the GetX Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”) , such Feedback shall be exclusively owned by GetX. By providing such Feedback to GetX, you acknowledge and agree that it may be used by GetX in order to: (i) further develop, customize and improve of the GetX Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized GetX -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which GetX may use to provide and improve its services, (vi) to enhance GetX data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to GetX any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

Privacy

Certain parts of the GetX Services(including certain Third Party Services available therein, require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the GetX Services, GetX and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the GetX Services and/or User Platforms. We encourage you to read our  Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

Products/Service Fees
Paid Services

The use of certain GetX Services may be subject to payment of particular fees, as determined by GetX in its sole discretion (“Paid Services” and “Fee(s)”, respectively). GetX will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

GetX reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, GetX shall have the right to automatically and without notice renew your subscription to such GetX Service(s) at the full applicable Fee.

All Fees shall be deemed to be in Indian rupees, except as specifically stated otherwise in writing by GetX. To the extent permitted by law (and unless specified otherwise by GetX in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the GetX Services, or to any payments or purchases made by you. If GetX is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). GetX is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize GetX (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment  and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries GetX or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

Invoices

GetX will issue an invoice or credit memo for any payment of Fees or refund made to or by GetX (“Invoice”). Each Invoice will be issued in electronic form and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. 

Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, GetX will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.  

You may turn-off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting GetX Help Center .

Money-Back Guarantee

If you are not satisfied with GetX Services which is marked under Money Back Guarantee scheme that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such GetX Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of GetX services marked specifically under this category of money back guarantee. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of GetX Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If GetX receives such notice within such Refund Period, GetX will refund to you the amount GetX charged you for such GetX Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. GetX will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any GetX Services actually received, as permitted by law.

Please note: Certain services purchased on or through the GetX Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the GetX Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. GetX will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services. 

Cancellation

You may discontinue to use and request to cancel your User Account and/or any GetX Services at any time, in accordance with the instructions available on the GetX Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the GetX Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

Failure to comply with any of the GetX Terms and/or to pay any due Fee shall entitle GetX to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related GetX Services (e.g., Paid Services) or Third Party Services to you.

Disclaimer of Warranties

We provide the GetX Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the GetX Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, Products or service (including any Third Party Services) mentioned on or made available via the GetX Services – so please be sure to verify those before using or otherwise engaging them.

GetX may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may GetX be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the GetX Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, GetX shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the GetX Services and/or connecting and/or dealing with any Third Party Services through or in connection with GetX Services, and that GetX cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
GetX does not recommend the use of the GetX Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content
Please note that certain GetX Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain GetX Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the GetX Services at this BETA stage signifies your agreement to participate in such GetX Services’ BETA testing.
We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions. We may monitor and edit your website and content.
However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, GetX, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the GetX Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the GetX Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the GetX Services; (6) events beyond the reasonable control of GetX, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of GetX Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for GetX’s services to you, and such limitations will apply even if GetX has been advised of the possibility of such liabilities. Subject to applicable law, we will not be liable for any damages.

Indemnity

You agree to defend, indemnify and hold harmless GetX, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other GetX Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the GetX Services, including, without limitation, GetX Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

General
Changes & Updates

GetX reserves the right to change, suspend or terminate any of the GetX Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the GetX Services (including removal of any materials created by you in connection with the GetX Services) for any reason and/or change any of the GetX Terms with or without prior notice - at any time and in any manner. You agree that GetX will not be liable to you or to any third party for any modification, suspension or discontinuance of those GetX Services. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account.

Relationship

The GetX Terms, and your use of the GetX Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between GetX and you.

Assignment

GetX may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the GetX Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of GetX. Any attempted or actual assignment thereof without GetX’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either GetX or you the right to cancel any GetX Services or Third Party Services then in effect.

Customer Service Contact

To get in touch with our Customer Service - Send an email message to: help@thegetx.com