Last Updated: 26 February 2022
Welcome to www.peppercloud.com. The Terms of Service contains the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “Pepper Cloud Services”).
The Company, Pepper Cloud Pte. Ltd., reserves the right to update and change the Terms of Service anytime without any prior notice. All new features that enhance the current Service and release of new tools or resources, shall be subject to the Terms of Service. If and when you continue to use the Service after any such changes, it shall be considered as your consent to said changes. Violation of any of the below-given terms will result in the termination of your account. If you are opting for the Service, you agree to give your consent for the following.
- Account: An account is the primary means for accessing and using Pepper Cloud Services These Terms shall be governed by the laws of Singapore without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of Singapore for the purpose of resolving any dispute relating to your access to or use of the Service.
- Additional Terms: These are the provisions that are applicable to the Client for using a particular feature. It is indicated by the company in relevant areas of our Services.
- Authorisation: The authorisation is a set of rights and privileges assigned to a User by a Client.
- Client: He/She is a legal person who has accepted the Terms with the Company.
- Client Data: It is any digital data that is subjected to the Pepper Cloud Services or otherwise inserted into the System by the Client.
- Company: Company indicates Pepper Cloud Pte. Ltd.
- Content: It is any data that is available through Pepper Cloud Services or contained within the System, blogs, articles, documents, brochures, presentations, pictures, images, audiovisual works, other informational materials and any comments.
- Feature: It is a function or set of functions that provide a particular CRM capability within Pepper Cloud Services.
- Fee:It is the regular payment for using the activated account of the Company, Pepper Cloud Pte. Ltd.
- Guidelines: These are the additional rules applicable to specific features, applications, products, or services that may be posted from time to time on the Platform or otherwise made available on or through the Pepper Cloud Services.
- Plan: It is criteria related to the use and functionality of the Pepper Cloud Services and on which the fee is based.
- Platform: The customer relationship management application of the Company..
- Products: These are the goods/services that a Client is offering to people and organisations.
- Reseller: Reseller is a third party entity that resells Pepper Cloud services, bills the clients directly, and provides them with customer service.
- System: It is an integrated cloud computing solution for providing Pepper Cloud Services. This includes applications, software, hardware, interfaces, documentation, updates, new releases, and other components.
- User: A person granted the authorisation to use the Account on behalf of a Client.
- Website: It is a compilation of all web documents (such as images, HTML files) which are made available via www.peppercloud.com or its subdomains or domains with identical names under other top domains and owned by the Company.
2. Authority to enter into terms with the Company
- To accept the Terms for themselves or on behalf of a Client, a person must have the legal capacity to do so.
- In the case of an individual, the individual must be a minimum of 18 years of age or should have valid authorisation from their legal representative. In the case of a legal entity, the entity must be duly incorporated and in good standing.
- The Terms are accepted as soon as the person has received the Account creation confirmation from the Company.
3. Account terms
- You must be human. Accounts created or registered by bots and other automated methods are not allowed or permitted.
- The Company may communicate with you via email regarding your account, updates, news, and other issues related to your account. As soon as you start using our services, you are automatically added to our mailing list and get subscribed to our emails and newsletters. However, you can choose to opt-out from receiving emails.
- You are responsible for maintaining the safety and security of your CRM account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are held responsible for the content posted and activity that occurred in your account (even if the content is user generated). It can be live chat, help desk, phone, and others.
- We may temporarily suspend your account if you abuse our service in any way and will seek your cooperation in this regard.
- We reserve the right to accept or refuse any clients. We have the sole discretion on whether to allow you to register, renew, change your plan, or use our services.
4. Client data
4.1 Uploading Client data to the platform
- The data uploaded by the Client into the Platform or Pepper Cloud system should be in compliance with the Terms and applicable laws.
- By uploading the data into the system, by the Client, the Client authorises the Company to process the data.
4.2 Protection of Client data
- The Company will maintain the security, confidentiality, and integrity of the Client's data at all times to the best of their ability.
- The Company may use service providers to perform the Services. The Company will make reasonable efforts to ensure that data transfers to service providers meet requirements applicable to Clients’ processing of data.
4.3 No guarantee of accuracy
- The Company does not guarantee the accuracy of information with respect to the Client Data.
4.4 Unlawful Client data
- The Company is not obliged to pre-screen, monitor or filter any Client Data. However, if unlawful Client Data or the action of its unlawful processing is discovered, the Company has the right to deny its publication, demand the Client to comply with terms and applicable laws, temporarily or permanently delete unlawful data, or restrict Client’s access to the data.
4.5 Compelled disclosure
- The Company may disclose a Client’s confidential information to the extent compelled by law to do so. In such instances, the Company may provide the Client with prior notice and the Client shall provide the required assistance.
- If Company is compelled by law to disclose Client’s confidential information as a part of a civil proceeding, Client has to reimburse the Company for its reasonable cost of compiling and providing secure access.
5.1 Use of the Pepper Cloud Services
- Subject to these Terms, and the payment of the applicable service fee, Company grants Client and its authorised users a non-exclusive, non-transferable, non-sublicensable licence to use the Pepper Cloud Services.
5.2 Technical support
- The Company shall provide reasonable technical support to Client and its authorised User at the reasonable request of the Client. The contacts for all enquiries of support are:
- If the service has been purchased from a Reseller, then first-line technical support will be provided by the Reseller and not by the Company.
5.3 Modifications to service
- The Company can modify the Pepper Cloud Services or any element thereof from time to time without prior notice. This includes, but is not limited to, rebranding Pepper Cloud services, discontinuing part or element of the Pepper Cloud platform temporarily or permanently.
5.4 Additional features
- The company may release additional Features on the Pepper Cloud platform. These may be subjected to additional terms. The Client's use of any such Feature is subject to their acceptance of Additional Terms.
6. Disclaimers: No warranty
- Unless expressly stated by the company, Pepper Cloud Pte. Ltd., the content and the services provided by Pepper Cloud services are without warranties of any kind. In accordance with applicable law, the Company and its partners disclaim all warranties.
7.1 Prohibited activities
- Prohibited Activities
- use the Pepper Cloud Services or any part or element thereof to commit a crime, breach any applicable law.
- duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Pepper Cloud Services or any part or element thereof, or attempt to extract the source code.
7.2 Certain uses require Company consent
- The Client or any User may not, without Company’s prior express written consent:
- sell, resell, lease, licence, sublicence, distribute, disclose, exploit or otherwise grant access to Pepper Cloud Services in whole or in part to any third persons;
- use the Pepper Cloud Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created.
8. Cancellation and termination
- An account can be cancelled only by the account owner. In case of account cancellation, you are solely responsible for the proper cancellation of your account. For further details on how to cancel your account, you can email us at firstname.lastname@example.org.
- Account cancellations will be processed within 2-3 business days. Once the account is cancelled, all the account information will be permanently deleted. You won't be charged again after your official cancellation date.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account and the forfeiture and relinquishment of all content in your Account. The Company reserves the right to refuse service to anyone for any reason at any time.
- You agree to defend, indemnify and hold harmless the Company, its affiliates, and their representatives from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Pepper Cloud Services and content.
10. Intellectual Property Rights
- The Pepper Cloud Services, Materials, trade names and trademarks, and other related elements are exclusively owned and operated by the Company and its partners.
- Any commercial distribution, publishing or exploitation of the materials created and managed by the Company is strictly prohibited unless you have written permission.
10.1 Content owned by the Company
- The Company permits Client and its users a non-exclusive, non-transferable, non-sublicensable licence to download any part of the Content solely for your personal, non-commercial use.
- You are not permitted to copy, distribute, or publish any Content or any information obtained or derived from Company unless you have been exclusively permitted by the Company.
10.2 Client data
- The company may use Client Data in an aggregated or anonymised format for research, educational and other similar purposes.
- Client expressly grants Company the right to use and analyse aggregate system activity data for the purposes of optimising or enhancing the way the Pepper Cloud Services operate.
- If you provide any comments, bug reports, feedback, or modifications for the Pepper Cloud Services, Company shall have the right to use such Feedback at its discretion to incorporate, publish, reproduce, prepare derivative works of, publicly display, publicly perform, and use it for any purpose.
- The company shall have the right to modify or remove the Feedback provided in the public areas of the website.
11. Third-party sites, products and services
- The Pepper Cloud Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Clients. The company doesn’t endorse any data, information, or material provided on those websites.
- Community provided content is developed by third parties and not by the Company. Therefore, the Company is not responsible for the performance or damages caused by the community provided content.
12. Limitation of liability
- Company shall not be liable to the Client or User for any consequences resulting from modification of terms, modification in fees, modification in Content, or modification in Pepper Cloud services; deletion of, corruption of, or failure to store Client Data; any disclosure, loss or unauthorised use of the login credentials of Client.
13. Modifications to the service and prices
- The Company reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services of the Company are subject to change without prior notice from us. The Company shall not be liable to you or to any third party.
14. General provisions
14.1 Relationship of the parties
- The parties will act solely as independent contractors. These Terms shall not be construed as creating any agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Client and Company.
- If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties.
14.3 Entire agreement
- These Terms are the entire agreement between Client and Company regarding Client’s use of the Pepper Cloud Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
- The Client may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms or delegate any of its rights and/or obligations under these Terms without Company’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable.
14.5 No waiver
- Failure of either Party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
- Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim (“Legal Notices”), which shall clearly be identifiable as Legal Notices, the day of sending by email.
- Billing-related notices to you will be addressed to the relevant billing contact designated by you.
- All other notices to you will be addressed to the relevant Services system administrator designated by you.
15. General terms
- The Service can be used for the transmission of the Client’s data and during processing, the data may be transferred unencrypted over the internet.
- The Company uses third party vendors and hosting partners to provide the necessary hardware, software, information, networking, storage, and related technology to run the service.
- The Client is not permitted to store, host, or send unsolicited emails, messages or chats. The Company is anti-spam compliant and does not authorise the Client to send spam. In such instances, the Client’s account might get suspended without prior notice. Accidental spam must immediately be reported to the Company to prevent account suspension.
- The Company makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
- The Company, its affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- The Terms of Service sets forth the entire understanding between Client and the Company as to the Service and supersedes any prior agreements between the Client and the Company (including, but not limited to, prior versions of the Terms of Service).
16. Governing law
- These Terms shall be governed by the laws of Singapore without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of Singapore for the purpose of resolving any dispute relating to your access to or use of the Service.