1. WELCOME TO HAAPI! THESE ARE OUR TERMS ("TERMS")
1.1 Haapi is a comprehensive Customer Experience Management solution covering customer satisfaction, customer survey and experience management software (and associated websites) provided by Logica Infotech Services Private Limited ("us", "we") at haapi.co (together, "eHaapi", "CHI® Express" and related brands).
1.2 These Terms apply to your use of Haapi and any free trial of Haapi. By accessing and registering with Haapi, the person or organization entering into these Terms as a user of Haapi, together with all individual users accessing Haapi on that person’s behalf (together, "you") accept and agree to be bound by these Terms. If you do not accept these Terms, you should not use "Haapi", "eHaapi", "CHI® Express" and associated services.
2. WE CAN AMEND THESE TERMS
2.1 We can amend these Terms at any time. Amendments will be effective immediately when posted on Haapi. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use Haapi, you agree to be bound by the Terms as amended (whether or not you have received any amendments).
3. HOW YOU SHOULD USE HAAPI
3.1 You agree to only use Haapi in a way that complies with all applicable laws and regulations, that does not infringe our rights or other users’ rights, and that does not inhibit or restrict other users’ enjoyment of Haapi.
3.2 To use Haapi services, you will need to provide or upload your customers’ email addresses, telephone numbers and you may provide us with your customers’ names and any other relevant business identifiers such as account numbers ("Customer Information"). You can provide Customer Information to us directly or by connecting us with your customer email database(s) via an app or API. You agree that we may automatically send survey request emails relating to your business to the email addresses provided to us.
3.3 We will only use the Customer Information that you have provided to us for the purpose of obtaining the customer satisfaction scores, Net Promoter Score and other customer feedbacks about your products or services, or to provide any other service that you have requested. For the avoidance of doubt, we will not sell or trade Customer Information provided by you to third parties. You are solely responsible for ensuring that your provision of Customer Information to us complies with all applicable privacy or data protection laws and agreements that you have entered into and that you are authorized to provide it to us.
3.5 You are responsible for all activity resulting from your use of Haapi, eHaapi and CHI® Express. You indemnify us, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur or be subject to or suffer as a result of your use of Haapi, eHaapi and CHI® Express.
4. COMMUNICATIONS FROM LOGICA INFOTECH SERVICES PVT. LTD.
4.1 The Service may include certain communications from Logica Infotech Services, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
5.1 If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Logica Infotech Services email ID in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Logica Infotech Services to the complainant.
6. FEES AND PAYMENTS
6.1 The Services are available under many subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card or wire transfer. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least ten business days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Logica Infotech Services to charge the subscription fee to the Credit Card last used by you.
6.2 From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
7. RESTRICTIONS ON USE
7.1 In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Logica Infotech Services; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication. (ix) damage or harm Haapi, and related products and services eHaapi, CHI® Express or any underlying or connected network or system; (x) use a harvesting bot, robot, spider, scraper, or other unauthorized automated means to access Haapi or content featured on it for any purpose; introduce any viruses, content or code that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of Haapi, such as a denial of service attack; (xi) use Haapi to do anything unlawful, misleading, malicious, or discriminatory; (xii) modify or remove any Haapi, eHaapi, CHI® Express logos, links or other branding items when using our services; or (xiii) facilitate or encourage any violations of these Terms; or attempt to do any of the above.
8. SPAMMING AND ILLEGAL ACTIVITIES
8.1 You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
9. INACTIVE USER ACCOUNTS POLICY
9.1 We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 90 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
10. DATA OWNERSHIP
10.1 We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Logica Infotech Services the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Logica Infotech Services’s commercial, marketing or any similar purpose. But you grant Logica Infotech Services permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
11. USER GENERATED CONTENT
11.1 You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Logica Infotech Services will have the right to block access to or remove such content made available by you if Logica Infotech Services receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Logica Infotech Services for this purpose.
11.2 If you wish to protest any blocking or removal of content by Logica Infotech Services, you may do so in the manner provided here.
12. SAMPLE FILES AND APPLICATIONS
12.1 Logica Infotech Services may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Logica Infotech Services makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
13.1 Logica Infotech Services Pvt. Ltd., CHI & Haapi logo, the names of individual Services and their logos are trademarks of LOGICA INFOTECH SERVICES PRIVATE LIMITED. You agree not to display or use, in any manner, the Logica Infotech, CHI and Haapi trademarks, without Logica Infotech Services Pvt. Ltd.’s prior permission.
14. DISCLAIMER OF WARRANTIES
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. LOGICA INFOTECH SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGICA INFOTECH SERVICES MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LOGICA INFOTECH SERVICES, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. LIMITATION OF LIABILITY
15.1 YOU AGREE THAT LOGICA INFOTECH SERVICES SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LOGICA INFOTECH SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LOGICA INFOTECH SERVICES’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
16.1 You agree to indemnify and hold harmless Logica Infotech Services Pvt. Ltd., its officers, directors, employees, suppliers, partners and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Logica Infotech Services Pvt. Ltd.
17.1 Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Indian Council of Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Kolkata, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Logica Infotech Services may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
18. SUSPENSION AND TERMINATION
18.1 We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
18.2 In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Logica Infotech Services breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
The Happiness Analysis API (Application Programming Interface) customer satisfaction and customer experience analysis based on real-time on customer responses in retail industry. The Haapi framework empowers you with the capability to review and provides quality metrics you need to analyze the customer satisfaction and improve the overall customer facing processes. Customer experience and activity analysis and analytics can offer insight into productivity, predictability, and process quality.