The Terms & Conditions as described here constitute a legally binding contract for customers of OpLeap products and/or services If you do not agree with any of these terms or are not in a position to meet them, then you are expressly prohibited from using any of our products and services and you must discontinue their use immediately.
Customer: means any organization or individual provided with login credentials to access an OpLeap offering or who avails any other service offered by OpLeap. Customers include entities / persons who are provided these products and/or services for free.
Account means working area inside an OpLeap offering which is secured by login credentials. The term Sub-accounts is used to refer to all accounts of a particular customer.
User means anyone having an account for an OpLeap offering. A user must be at least 18 years of age. Primary User is the user who acts as the customer's interface with OpLeap. When a new customer signs up, account for the primary user gets created by default. Further users may be added by the primary user or by other users created by the primary user. A customer may change the primary user themselves (where allowed for them) by contacting us.
Contact means an individual or entity (other than the customer itself and its own users) whose information is stored by a customer inside OpLeap products.
Agreement or Contract means this agreement between the customer and SunHill Systems Private Limited (doing business as OpLeap) comprising of the terms & conditions stated here, including all content / terms / policies etc. that are linked or referred.
OpLeap offerings are in form of Subscription Services, whereby the customer is provided with access to the Services under this agreement; and whereby the said services may be provided through website, mobile app or any other method.
User Accounts: You agree that all user accounts created by you are for users within your own organization and are overall controlled by the same legal entity that has signedup for the subscription. The users may be your employees or contrators or in general persons employed by you for your work.
Customer Data: You retain all your rights to the customer data / materials. You grant us and our vendors / sub-contractors the rights to receive / filter / process / store / delete your materials or data in accordance with our terms & conditions and generally for the provisioning of our products and services to you, for providing customer support and for maintaining the smooth working, stability, integrity and security of our systems and for any other purposes mentioned in this agreement. We may also use the data in an anonymous manner for analysis for improving our products and services or for any regulatory / compliance related matters. We store customer data on Servers located in India and provided by a world reputed web services vendor.
Deletion of Data: All data in Free accounts may be deleted after 7 days from the expiry of the Term / Free Trial period or account closure due to inactivity. Note that a Free account would expire and get closed automatically in case there is no login during any 60 day window. In case of paid subscriptions that have expired or been cancelled, the data may be deleted after 15 days for subscriptions with term of less than 6 months; and after 30 days in case of subscriptions having term of 6 months or more.
In all cases, we may opt to retain the data for additional duration at our discretion so that customers are able to resume their working later in case they opt to re-start or buy a new subscription. In case you do not wish to have your data retained in our systems, you would be required to delete all records from the user interface within the user accounts. The databases used by us are backed up regularly to protect your data and to provide for restoration in case of technical or other issues. When you delete something from your accounts / sub-accounts, the item is removed immediately from user iterface but it may be retained in some of the databases or in the backups for some time until it eventually gets deleted in due course in accordance with our retention and backup procedures.
Support:For Paid plans, email support is available to the primary user of a customer. All other users are expected to contact their primary user and internal IT team for their issues. There is no support for Free Trial or any Free Plans or components.
Prohibited or Unauthorized Use: You will not use the account access in any way that is contrary to these terms and conditions or in any way that is unlawful or unauthorized or do anything that compromises the stability, security or smooth functioning of the systems or the data resident therein. You also undertake not to infringe upon anyone's intellectual property rights, trademarks etc or use it to carry out acts that are generally unacceptable or constitute abuse.
We may suspend access of any user or customer without notice in case we find violation of any of the terms of this agreement. We may also delete / remove any customer data that we determine to violate this agreement or in our assessment potentially threatens the security/integrity or smooth functioning of our systems. No claims can be entertained for these.
We may use automatic filters for screening customer data / materials typically at time of input (or in case of web leads - at time of receiving the form submissions) for potential spam, abuse or security threats and we may disallow / discard or modify the data / materials. You may contact us if you wish to understand what may get filtered out in this process.
A subscription to a plan provides access to specific products/services for a given duration (called Term) and subject to specified limits on usage/records/users etc. The limits are programmatically enforced in the systems and that the products/services may stop functioning once those limits are reached. The charges for a subscription (as well as taxes) will be as prevailing on the date of payment. A subscription can only be commenced once the charges for the entire term have been paid by the customer. You acknowledge that the access to products/services will automatically cease upon the expiry of the substription term and it would not be possible to reinstate access to them until you have completed the renewal process including the payment.
Renewals: If you have opted for automatic renewal, the subscriptions will automatically renew upon expiry for another term of the same duration subject to adequate funds balance or standing payment instructions. You can manually renew the subscription from primary user account login where such facility is provided. The charges as prevailing on the date of renewal will be applicable.
Changes:You may change your plan at any time from the account login of the primary user. In case of a change, the charges payable for the new plan and term must be at least equal to the pro-rated balance released from remaining duration of the existing plan. Refunds are not feasible in case of a plan change.
7 Day Money Back Assurance for new customers: In case you have not availed of any Free Trial / Free Usage and if you cancel the subscription within 7 days of the start of the subscription term, we will refund you the subscription charges received by us less admin & processing cost which is currently lesser of (10% of subscription cost, INR 5000 / USD 150).
Yearly Plans: We will refund you 50% of charges for the remaining duration in case you cancel before expiry.
All Other Cases: If you you cancel a subscription, the services will get cancelled and disabled upon the expiry of your subscription term; any credits or refunds are not feasible.
We may terminate this agreement with a 15 day notice if we assess that your continued access to our products or services is damaging to our interests. In such a case, the charges for balance duration will be refunded to you except for cases where there has been a breach of this agreement from your side. Any Free Usage Plans or components are entirely at our discretion and they may be cancelled and/or withdrawn by us at any time with or without notice without any liability towards you or any third party.
Refunds, wherever applicable as per this agreement, are processed within 7 days of the cancellation and would be credited in 7-15 days to your account.
We make commercially reasonable efforts to keep our products and services running at all times and in good condition subject to any maintenance or unexpected outages or downtimes. At the same time, we do not warrant or assure that the service would be interruption free or error free or free from viruses or other malware and no claims can be entertained in this regard. In case the platform or any service on it is not fully functional, or in case of any system issues or errors, we would make commercially reasonable efforts to restore the functionality / rectify the issues.
We do not store any financial credentials, bank details or card account numbers etc. of customers / users in our systems and we shall not be responsible for any matter related to those. You acknowledge that our systems are not designed for collecting, processing or storing sensitive / financial information (whose disclosure may cause hardships or financial losses to anyone) and you agree not to use our produts and services for any such purpose.
We provide secure and encrypted access to all our products and services using well established security mechanisms and utilize high standards of data security. At the same time, we will not be responsible or liable for any losses / claims regarding any disruptions, data loss, disclosures or leakage of materials / information etc. which is not caused by deliberate actions from our side.
We retain the ownership as well as all rights, Intellectual Property rights to all our products and services, including software, systems, processes, designs, user interface, images, videos, web pages, multi-media content or any type of code / content, logos, trademarks etc. There is no transfer of ownership or intellectual property rights to the customers or to anyone else. You agree to not distribute, copy, reverse engineer, imitate, modify or misuse any part or whole of OpLeap products and services. You understand that any such acts will make you liable to appropriate damages in addition to legal and other costs as may be determined by us. Depending on the nature of the violation, this may also lead to legal proceedings and prosecution under applicable laws.
You agree to indemnify us (including our affiliates, partners and vendors) against all losses, liabilities, claims, damages, costs and expenses, including reasonable legal fees and interest thereon, arising from any breach or non-performance of any representation, warranty, covenant or agreement made or services to be performed by the Client to anyone pursuant to this agreement. SunHill Systems Private Limited, its Directors, employees, sub-contractors, vendors & agents shall not be responsible for any costs, losses, damages, disruptions, claims etc. suffered or claimed by any customer or user or by any third party, whether directly or indirectly or any consequential losses, legal fees, attorney fees etc. Our maximum aggregate liability for all purposes related to any of our products or services shall be limited to amount paid to us by the customer in the preceding 6 months (exclusive of taxes).
Disputes that remain unresolved for 60 days or more may be referred to a Sole Arbitrator appointed by OpLeap in accordance with Arbitration & Conciliation Act of India. The costs of the Arbitration shall be borne equally by both parties. All arbitration or legal proceedings shall be in Delhi and subject to exclusive jurisdiction of the courts of Delhi, India.
(a) Independent Entities - The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents or other representatives of the other Party. (b) Marketing - you agree that we may refer to the customer and display its public logo or trademark in the context of it being our past/present customer. (c) Severability ‐ In the event that any part of this Agreement is held by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect to the maximum extent possible. (d) Notices: Any notice under this Agreement shall be in writing and delivered by registered post or a reputed courier to respective registered address or by email to the registered email address of other party. Any commnucation by way of voice calls / SMS / messages / WhatsApp etc would not be considered valid for the purpose of this agreement. (e) The clauses which by their nature are relevant beyond the subscription duration, shall survive the termination of the agreement. These include (but are not limited to) clauses related to Intellectual Property and Ownership, Indemnification and Limitation of Liability, Dispute Resolution and Other Provisions.
OpLeap products and services are not intended for use by any person or entity in any jurisdiction or country where such use and/or the terms stated here would be contrary to any law or regulation of that jurisdiction or country. Anyone who chooses to access our website / apps / social media pages or chooses to contact us by any means from such a jurisdiction or country, is doing so at their own initiative and risk; and we undertake no responsibility for any additional compliances, registrations etc.
The Terms of Service may be amended by us at any time. Updated terms will be made available on our website.
However, any changes to the terms related to cancellation and refunds will not have any impact on
existing subscriptions immediately but those changes will become applicable from the date of next renewal or in case of a plan change.