Terms and Conditions
Last Updated: August 23th, 2024
These terms and conditions govern your use of our website, callismart.com.ng, apiv1.callismart.com.ng. the content within, and the products we offer.
The terms and conditions specified herein are applicable in full force and take control of how you can use these websites, our products and services.
The terms “we”, “us”, “our”, “Callismart Tech” refers to us at Callismart Tech and the products and services we are offering you. Similarly, terms like “users”, “you”, “your” refer to all our users and visitors browsing the website or using any of our products.
By continuing to use our websites, you agree to be bound by these terms.
Intellectual Property Rights
All intellectual property rights associated with the content and materials on our websites, including the site itself, are owned by Callismart Tech. You may not use, reproduce, modify, or distribute any of the content on our website without meeting the required permission applicable to such material or content.
WEBSITE REGISTRATION
By confirming to these terms and conditions, you accept that you will abide by the following eligibility terms. Moreover, in case if you are a part of a corporation, where the end-users as well as the employees and all the other members of the corporation who will be permitted to access the site and license the content and / or the product that is purchased should accept these terms and conditions.
Eligibility: You are eligible to enter into this agreement if:
- You were not prohibited by any law, judicial act or a competent authority to enter into an agreement.
- You are an adult, or you have gained adequate consent from your parents / legal guardians to enter into this agreement.
- You were not previously prohibited by Callismart Tech to enter into an agreement like this.
- You are not a resident of any prohibited state and you are not a member of any terror organization.
- You are working on behalf of an organization and you hold all necessary permits to enter into an agreement on their behalf.
Access: You cannot sell, rent, share or transfer your access to our website.
Acceptable Use: You shall use the products and services in its true form and refrain from any activity which may infringe, disrupt or delay services to the other users. You shall not use the services for any malicious activities such as sending spam, unsolicited messages, harass, stalk or threaten any other person or system. You shall not create any script, software, code or program which may impair, disrupt, diminish or add functionality to the services.
Account Verification: When signing up for a product or service, we may ask you to verify your identification through various means. If you have registered with an email ID, we may send you a message to the same address that you’ve provided. This message may contain links or a list of information we’ll need to identify you as the sole owner of the email ID.
Account Security: As a measure to keep our services and confidential information such as licenses, premium products, etc. safe, you are bound to secure your account with a strong password.
One Account Per Person: You are allowed to have only one account on our website. While each account is allowed to be used by a single user, if you are a part of an organization and own an account on behalf of it, you are allowed to grant access to a few employees. In this case, you will be held responsible for their behavior on our website.
Sharing an Account: You are strictly prohibited from sharing your account details with any third parties.
Abuse Notification: You are required to inform Callismart Tech immediately, in case you get adequate information that your account has been hacked or if you get an information about the unauthorized usage of your account.
User-Generated Content
We may allow users to submit or post content, including but not limited to comments, reviews, messages feedback etc. By submitting such content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute that content for any purpose.
You are solely responsible for the content you submit, and you warrant that it does not violate any third-party rights or any applicable laws. We reserve the right to remove or modify any user-generated content at our discretion.
User Privacy
User privacy is of utmost importance to us. We handle user data in accordance with our privacy policy.
Products and Services
The products and service offered here at Callismart Tech as listed below. Callismart Tech reserve the sole authority to add, deprecate, or discontinue any product and services according to its sole discretion without any prior notice.
WordPress Plugins: Callismart Tech provides WordPress plugin development as a product on our website, each plugin is sold at a specific price and is sold under a specific license(s).
License Keys: Our premium plugins often come with a license key which is made available after the order is processed, we may sell license keys as an individual product.
Premium Updates: We usually provide automatic updates for all our premium plugin, there are specific cases where our APIs are used to provide updates for other softwares not developed by us which may require us to sell this services at a cost.
By purchasing our product, you are granted a revocable, non-exclusive, non-transferable license to use on your own website and on websites of your customers provided that such use is limited to websites that you have created. This license key, which is the property of Callismart Tech, enables access to our APIs which includes automatic updates, developer support, and additional resources for the product.
Payment & Subscriptions
For all the services and products offered by Callismart Tech, you will have to pay the specified fees as published on the respective websites from time to time. The payments shall be made via our third party service providers and subject to their respective terms of service and privacy policies.
Callismart Tech may from time to time determine or update the pricing for particular products and services. We may offer discounts, or run other promotions. Please check the respective product page before buying.
Service Subscriptions
Billing Cycle: All subscriptions are available on a monthly, quarterly, six-monthly, and yearly plans.
Service Expiration: You are expected to renew your service subscription before the expiration date. Failure to renew may result in the suspension of such services after the expiration day.
Service Reactivation. You may renew your service subscription before the expiration day or reactivate when it’s suspended through your dashboard.
Billing & Invoices
Invoice Generation: Products sold at Callismart Tech are sold on subscription and are renewed through our automated invoicing system until the user opts out or cancels such subscriptions.
WARRANTY
Our products are provided to you as-is, and without any warranty for its quality. We shall never be liable for any damage or flaw in the product.
PRODUCT DELIVERY
After your payment has been processed successfully, you will receive an email with your order details and other purchase information. Your service will be activated after we have processed the order and your ordered items will be available on the client area.
You can access/download the items by logging into the account ( usually created for you during first purchase) and clicking on the service details => assets.
Where email delivery may fail and you are not able to receive the order details, please log into your account and navigate to the service portal.
Access to re-download purchased files will be granted as long as your license key is valid. If a license key expires, download access to the associated files will be discontinued until such time as the license key is renewed.
SUPPORT
We, at Callismart Tech stand by our products and believe that they are the best possible solutions we deliver. However, if you come across any issues or incompatibilities, you can open up a ticket at our support portal and allow us to help you resolve your issue. Dedicated support is promised to only those who possess an active license. Free copies and expired licenses are not liable for free support. You will have to purchase a licensed copy or renew an expired license in order to be able to get help from our developers.
OWNERSHIP
All the content, images, videos, products used on this website including documentation are a property of Callismart Tech. Although you can make reference to everything on this website, you cannot claim our content or products without an explicit consent from us.
Customer Content Ownership.
The customer retains all rights, titles, and interests in and to the Customer Content. You hereby grant Callismart Tech a royalty-free, fully paid, irrevocable, worldwide license to use the Customer Content as needed to deliver the Services to you. You are solely responsible for your Customer Content and you affirm and warrant that you possess all rights necessary to grant the rights in Customer Content as outlined in this Agreement.
Customer Data Rights.
The ownership of all Customer Data lies with the customer. Callismart Tech will not reveal or utilize any Customer Data except as required to:
(i) Deliver/Render the Services to the customer.
(ii) Adhere to a legally issued subpoena, investigative demand, or warrant, or;
(iii) Fulfill a legal, regulatory, or similar obligation or investigation. Nonetheless, during and after the term of this Agreement, Callismart Tech is permitted to use anonymized Customer Data, such as the number of engagements, volume of content, and interactions of Customer’s content and audiences, combined with data from other customers at Callismart Tech, for the purposes of improving and/or marketing the Services. The customer hereby grants us a non-exclusive, non-sublicensable, and royalty-free right and license to use the Customer Data solely for the purposes stated herein. For clarity, Callismart Tech does not share personally identifiable information such as usernames, emails, etc. The customer is responsible for creating archival or backup copies of all Customer Data.
Indemnification.
The customer agrees to indemnify and hold Callismart Tech harmless against all claims, damages, liabilities, losses, costs, and expenses (including attorney fees) arising from
(i) any use or disclosure of Customer Data or Customer Content in connection with the Services,
((ii) compliance with any legal, regulatory, or similar requirement or investigation,
(iii) any breach by the customer of any section of this Agreement, and
(iv) any third-party claim against Callismart Tech resulting from the customer’s failure to fulfill any obligations under applicable Data Protection Laws, as defined in the Data Processing Addendum, if applicable.
EMAIL COMMUNICATION
We may send you occasional emails to share some recent updates about our company and products. They’ll often contain information about recent updates, templates, freebies, promotions and more. You can opt out of our email newsletters anytime.
CHANGES TO THE SERVICE OR TERMS
Callismart Tech reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, including any Trial, (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, including any Trial, in each case with or without prior notice and without any liability to you or any third party. Callismart Tech will use its commercially reasonable efforts to notify you of changes to the Services and/or Products that, in our reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services and/or Products.
Callismart Tech may from time to time update or revise this Agreement. If Callismart Tech updates or revises this Agreement, Callismart Tech will notify you either by email to your most recently provided email address, by posting the updated or revised Terms of Service and End User License Agreement on this Site or by any other manner chosen by Callismart Tech in its commercially reasonable discretion. Your use of the Site, Services or Software following any such update or revision constitutes your agreement to be bound by and comply with this Agreement as updated or revised. You can view the most current Terms of Service and End User License Agreement on our website. It is your responsibility to review the Terms of Service and End User License Agreement periodically.
Governing Law
a. These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the federal high court(FHC) of the Federal Republic of Nigeria
If any part of these terms falls short of the requirements of the local law in your region please refrain from using our website as we will not be held responsible for any allegation that may arise due to your negligence or failure to comply with local laws.