These terms of Service (the “Terms”) are a binding legal agreement between you and/or
the entity on whose behalf you act and eClerx Services Ltd. (“eClerx” or “we”) regarding
your use of our website (www.socialclout.com) and our services.
By using our social media monitoring tool(s) (hereinafter referred to as “Services”),
you agree to be bound by the guidelines, terms, and agreements applicable to usage
of such Services (“Policies”). All such Policies are incorporated by reference into
these Terms of Service. If these Terms are inconsistent with any Policy, the terms
in the Policy will prevail. Any new features that augment or enhance the current
Services, including the release of new tools and resources, shall be subject to
these Terms of Service.
eClerx reserves the right to modify or amend these Terms of Service and the Policies,
without notice to you. Continued use of the Services after any such changes shall
constitute your consent to such changes. You can review the most current version
of the Terms of Service at any time at
If you do not agree to any provision of these Terms or the Policies, including the
you must not use the Service.
1. The Services
The Services include analytics and reporting on social media and online marketing
data. From time to time, we may add features that augment or enhance the Services.
However, eClerx reserves the right to discontinue any or all features of the Services
at any time, with or without notice. Neither we nor our affiliates or contractors
will be liable to you or to any third party for any modification, discontinuance,
or restriction of the Service, in whole or part. You are responsible for obtaining
all equipment, software, and connectivity, and making all other arrangements necessary
for you to have access to the website and use the Service.
The Services are not intended for those under the age of 18. You must be 18 years
of age or older to use the Service. You represent and warrant that you are 18 years
of age or older and are fully able and competent to enter into, and abide by these
If you are accessing our website or Services on behalf of a legal entity or in your
capacity as an employee, agent, direct, officer, member, partner, or representative
of an entity, you must identify the entity you represent, and you represent and
warrant that you have the authority to accept these Terms of Service on behalf such
entity. You may be required to provide proof of registration/organization under
the applicable laws for the entity you represent. You represent and warrant that
such information you submit is true and accurate.
Further, the Service is being offered to individuals/entities in United States/United
Kingdom only so the Service is offered to you based on the underlying assumption
that you are based out of either of these two places only.
The Service is delivered from India, but may be hosted in other or multiple jurisdictions.
Use of the Service is void where prohibited.
3. Account Registration
You must register to use the Services. When you register, you agree to
- provide accurate, current and complete information
about you and/or the entity you represent as may be prompted by registration forms
on the Service (“Registration Data”);
- maintain the security of any logins, passwords, or
other credentials that you select or that are provided to you for use on the Service;
- maintain and promptly update the Registration Data, and any other information you
provide to us, and to keep all such information accurate, current, and complete.
You will notify us immediately of any unauthorized use of your account or any other
breach of security by emailing us at info@SocialClout.com.
We shall not be liable for any loss or damage from your failure to comply with this
If you register as an individual, you may not use the Services for the benefit of
any other person or entity, including your employer, principal, business, partners,
or other concern. If you register on behalf of an entity, you may not use the Services
personally or for the benefit of any other person or entity.
4. Third-Party Logins or Connections
The Service may allow you to log in or connect using credentials for third-party
Web sites. Authentication is performed by the third party Web site (not eClerx),
and eClerx shall not be liable to you or any third party for any matter arising
out of or relating to such third-party authentication (including failed authentication).
You acknowledge that the Service may receive information about you from the third-party
Web site and you represent and warrant that receipt of such information is consistent
with your terms of agreement with such third-party Web site.
5. Pricing and Payment
- Unless otherwise noted, the Services will be made
available on a subscription basis at the rates noted when you register.
- We may revise the prices of the Services, including
but not limited to the monthly subscription plan fees for the Services, upon 30
(thirty) days prior notice. The notice will be posted on www.socialclout.com.
- We may offer you free trials for selected features
of the Service, including a 30 days trial period. Once your free trial period ends,
your ability to use the Services will terminate. We reserve the right to determine
if you are eligible for a free trial and to discontinue any free trial without notice
in our sole discretion.
- We reserve the right to modify/discontinue the Service,
in part or whole, with or without notice. We shall not be liable to you or any third
party for any modification, price changes, suspension or discontinuation of the
- All fees are exclusive of all taxes, levies, or duties
imposed by taxing authorities, which shall be shown separately in the invoice and
you shall be responsible for payment of all such taxes, levies or duties. However,
if there is a change in regulatory norms requiring additional levy of taxes, the
same will be borne by you.
- Payments will be made through PayPal, which is a third
party payment processor. Use of PayPal may be subject to PayPal’s terms and policies,
including privacy policies.
- Receipts and invoices for monthly payments are only
available via PayPal. If you require monthly receipts, you will need to set-up a
PayPal account to receive them. We do not make available any invoices or receipts
- Failure to make payment at your renewal date will
result in an immediate suspension of service until such time as payment is received.
- Currency acceptable: USD
- The Service is a month-to-month pay-as-you-go service.
No refunds will be made for fees paid for a month.
6. Use Restrictions
You will not:
- use the Service for any commercial purpose, unless
expressly authorized by eClerx;
- access, monitor, or copy any content or information
on the Service using any robot, spider, scraper, or other automated means or any
manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers
on the Service or bypass or circumvent other measures employed to prevent or limit
access to the Service;
- take any action that imposes, or may impose, in our
discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Service for any purpose
without our express written permission;
- “frame”, “mirror,” or otherwise incorporate any part
of the Service into any other website without our prior written authorization; or
- violate any applicable local, state, national, or
international law or regulation.
7. Interactive Services
The Service may include interactive features and services, including social networking
functionality, forums, message boards, ratings or review functionality, and similar
services, in which you or third parties may send messages to Service users, and
create, post, or store data, photographs, ratings or reviews, and other content
on the Service (“Interactive Services
”). You are solely responsible
for your use of Interactive Services and use them at your own risk. By using any
Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise
disseminate through the Service any of the following:
- Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights,
abusive, inflammatory, or fraudulent;
- Material that violates, or that causes us or our affiliates, subsidiaries, or partners
to violate, any applicable law, regulation, or order of any governmental authority
in any jurisdiction;
- Material that infringes or violates, or that may infringe or violate, any patent,
trademark, trade secret, copyright or other intellectual or proprietary right of
any party, or that you otherwise do not have the right to make available;
- Private or confidential information of any person or entity, including, without
limitation, addresses, phone numbers, email addresses, Social Security numbers,
credit card numbers, and any trade secrets or information for which you have any
obligation of confidentiality or material that impersonates any person or entity,
or misrepresents your affiliation with the Service or with any other person or entity;
- Comments that in any way refer to persons under 18 years of age;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
- Material that is, in our sole judgment, objectionable, restricts or inhibits any
person or entity from using or enjoying any Interactive Services or other portions
of the Service, or which may expose us or our users to harm or liability of any
We take no responsibility and assume no liability for any material posted, stored,
or uploaded by you or any third party, or for any loss or damage to any of that
material. Although we have no obligation to screen, edit, or monitor any material
posted on or transmitted through the Service, we reserve the right, and have absolute
discretion, to remove, screen, and edit any material posted, stored, or transmitted
on or through the Service at any time and for any reason without notice.
If you post material on or through the Service, then, unless we indicate otherwise,
- grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display such material
throughout the world in any media;
- grant us and our affiliates, subsidiaries, and sub-licensees the right to use the
name that you submit in connection with such material, if we choose; and
- represent and warrant that you own and control all of the rights to the material
that you post, or you otherwise have the right to post such material to the Service;
and the use and posting of material you supply does not violate these Terms, will
not violate any rights of or cause injury to any person or entity, and will not
otherwise create any harm or liability of any type for us or for third parties.
8. Term and Termination
- Your account remains in effect unless you cancel it
or unless eClerx terminates your account as provided by these Terms. To terminate
your account, please send a request to the following email id:-
info@SocialClout.com. Notwithstanding any provision of these Terms, we reserve
the right, without notice and in our sole discretion, to terminate your account
and to block, restrict, and prevent your future access to, and use of, the Service.
- Upon termination/cancellation, your services shall
be cancelled with immediate effect and your login details will be deactivated from
our end. You shall be responsible for payment due till the date of termination.
- Once your account is deleted by us, we shall remove
all your information from our tool and we shall not be responsible for providing
you with any information that was available on our tool.
Any materials, including but not limited to comments, suggestions, ideas, or other
information, provided by you in the form of email or other submissions to us (excluding
material that you post on the Service in accordance with these Terms) (collectively
“Feedback”), are non-confidential and you hereby grant to us and
our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sub-licensable right to use your Feedback for any purpose without compensation
or attribution to you.
10. Privacy and Protection of Personal Information
- You understand that for the purpose of providing you
our Services, you shall be required to provide us with some personal information
(hereinafter referred to as “Personal Information”).
- You understand and accept that you may be providing
us personal information, which will be transmitted to, accessed from, processed,
stored, and otherwise used in India, the United States, and other jurisdictions
as from time-to-time deemed appropriate by eClerx. You understand that these countries
may not provide the same level of protection for Personal Data as is provided within
your country of residence.
reasonable steps to protect your personal information, however you acknowledge and
agree that you provide your personal information voluntarily and at your own risk.
- We will use your personal information in accordance
we collect from you and how we use that personal information. You can view our privacy
policy at www.socialclout.com/PrivacyPolicy.html.
11. Intellectual Property
The website and its entire contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio, and
the design, selection and arrangement thereof), and the Service are owned by eClerx,
its licensors or other providers of such material and are protected by international
copyright, trademark, patent, trade secret and other intellectual property or proprietary
rights laws. You must not reproduce, distribute, modify, create derivative works
of, publicly display, publicly perform, republish, download, store or transmit any
of the material on our website, SOCIAL CLOUT, the domain www.socialclout.com, the
logo, and any other product or service name or slogan contained on the Service are
trademarks / registered trademarks of eClerx and may not be copied, imitated or
used, in whole or in part, without the prior written permission of the applicable
trademark holder. All other trademarks, registered trademarks, product names and
company names or logos mentioned on the Service are the property of their respective
owners. Reference to any products, services, processes or other information, by
trade name, trademark, manufacturer, supplier or otherwise, does not constitute
or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
12. Third-Party Content
The Service may contain links to Web pages, data feeds from third-party providers,
and other content of third parties (“Third-Party Content”) as a
service to those interested in this information. We do not monitor, endorse, or
adopt, or have any control over, any Third-Party Content. We undertake no responsibility
to update or review any Third-Party Content and can make no guarantee as to its
accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service,
please be aware that these Terms will no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any Third-Party
Content provider to which you navigate from the Service. You access and use Third-Party
Content at your own risk.
13. Social Media Plug-ins
The website may provide certain social media features (e.g., plugins) that enable
you to link from your own or certain third-party websites to certain content on
the Service, send e-mails or other communications with certain content, or links
to certain content, on the Service, or cause limited portions of content on the
Service to be displayed or appear to be displayed on your own or certain third-party
websites. You may use these features solely as they are provided by us and solely
with respect to the content they are displayed with. We may disable all or any social
media features and any links at any time without notice in our discretion.
14. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available
for downloading from the Internet or the Website will be free of viruses or other
destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection and
accuracy of data input and output, and for maintaining a means external to our site
for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE
OF THE WEBSITE OR THE SERVICE OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED
YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICE IS AT YOUR OWN RISK. THE WEBSITE
AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON
ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, ECLERX DOES NOT REPRESENT OR WARRANT THAT
THE WEBSITE OR THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICE
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ECLERX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
You will defend, indemnify and hold harmless eClerx, its subsidiaries, affiliates,
partners and third-party advertisers and their respective directors, officers, agents,
employees, licensors, and suppliers from and against any costs, damages, expenses,
and liabilities (including, but not limited to, reasonable attorneys’ fees) arising
out of or related to your use of the Service, your violation of these Terms, or
your violation of any rights of a third party.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER eClerx NOR ITS AFFILIATES,
SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR
OTHER INTANGIBLE LOSSES (EVEN IF eClerx OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS
TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT.
THE MAXIMUM TOTAL LIABILITY OF eClerx AND ITS SUPPLIERS AND LICENSORS TO YOU FOR
ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED
TO THE HIGHER OF:
- TOTAL FEE (EXCLUDING TAXES) PAID BY YOU TO eCLERX
FOR THREE MONTHS ONLY, AND
- TWO THOUSAND FIVE HUNDRED INDIAN RUPEES (OR ITS CURRENCY
EQUIVALENT). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER
THESE TERMS BETWEEN THE PARTIES.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF
THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
17. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us.
These communications may include notices about your account and information concerning
or related to the Service. You agree that any notices, agreements, disclosures,
or other communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing.
18. Governing Law and Jurisdiction
Our failure to act in a particular circumstance does not waive our ability to act
with respect to that circumstance or similar circumstances. Any provision of these
terms that is found to be invalid, unlawful, or unenforceable will be severed from
these terms, and the remaining provisions of these Terms will continue to be in
full force and effect. The section headings and titles in these terms are for convenience
only and have no legal or contractual effect. Any provision in these Terms that
by its nature should survive the termination of your license to access the Service
or any termination of these Terms (including, without limitation, provisions governing
indemnification, limitations on liability, disclaimers of warranty, and ownership
of intellectual property) will continue to remain in full force and effect after
any such termination.
These terms are governed by the laws of India.
Any controversy or claim arising out of or relating to the Service or these terms
must be commenced within one year after the claim arose and will be settled by binding
arbitration in accordance with the Indian Arbitration Act. The arbitration will
be conducted in Mumbai, India and judgment on the arbitration award may be entered
into any court of competent jurisdiction. The award of the arbitrator will be final
and binding upon the parties without appeal or review except as permitted by Indian
law. Either party may seek any interim or preliminary injunctive relief from any
court of competent jurisdiction, as necessary to protect the party’s rights or property
pending the completion of arbitration.
These terms, including all Policies, constitute the entire agreement between you
and eClerx concerning the Service. These terms supersede all prior agreements or
communications between you and eClerx regarding the subject matter of these terms.
19. Contact Information
If you have any questions or concerns about the Service, or these terms, you may
contact eClerx via e-mail to info@SocialClout.com