Terms of Service

Terms of Service

Welcome to the Seva website located at https://www.hiseva.com (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy https://www.hiseva.com/privacy (“Privacy Policy”) carefully because they govern your use of our Site and related services accessible via our Site.

Agreement to Terms

By using our Site, you agree to be bound by these Terms. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.When you agree to these terms you are also agreeing (with limited exception) to resolve any dispute between you and Seva through binding, individual arbitration rather than in court. Please review carefully Section 13 below for details regarding arbitration (including the procedure to opt out of arbitration).

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Site is subject to our Privacy Policy.

Changes to Terms or Site

We may update the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 13(b), you may not use the Site anymore. Because our Site is evolving over time we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.

Who May Use the Site

You may use the Site and related services only if you are 18 years or older and capable of forming a binding contract with Seva and are not barred from using the Site under applicable law.

Feedback

We welcome feedback, comments and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us at info@hiseva.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, copy, modify and create derivative works based upon and otherwise exploit the Feedback for any purpose.

General Prohibitions and Seva’s Enforcement Rights

You agree not to do any of the following:

(a) Access, tamper with, or use non-public areas of the Site, Seva’s computer systems, or the technical delivery systems of Seva’s providers;

(b) Attempt to probe, scan or test the vulnerability of any Seva system or network or breach any security or authentication measures;

(c) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Seva or any of Seva’s providers or any other third party (including another user) to protect the Site

(d) Attempt to access or search the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Seva or other generally available third-party web browsers;

(e)   Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(f) Use any meta tags or other hidden text or metadata utilizing a Seva trademark, logo URL or product name without Seva’s express written consent;

(g) Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(h) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;

(i) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

(j) Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;

(k) Impersonate or misrepresent your affiliation with any person or entity;

(l)  Violate any applicable law or regulation; or

(m) Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to disable access to the Site, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider your use of the Site to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or Site on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of your access to the Site, the following Sections will survive: 9, 11, 12, 13 and 14.

Warranty Disclaimers

THE SITE AND RELATED SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Indemnity

You will indemnify and hold harmless Seva and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Site or (ii) your violation of these Terms.

Limitation of Liability

(a) NEITHER SEVA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ACCESS TO THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEVA OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT WILL SEVA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED THE AMOUNTS YOU HAVE PAID TO SEVA FOR USE OF THE SITE OR TEN THOUSAND DOLLARS ($10,000), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SEVA, AS APPLICABLE.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SEVA AND YOU.

Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 the exclusive jurisdiction for all Disputes (defined below) that you and Seva are not required to arbitrate will be the state and federal courts located in the courts of the state of New York, and you and Seva each waive any objection to jurisdiction and venue in such courts.

Dispute Resolution

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site (collectively, “Disputes”) will be resolved solely by binding, individual arbitration. You and Seva agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Seva are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

(b) Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) Seva retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Disputeif you provide us with written notice of your desire to do soby email at info@hiseva.com or by regular mail at 110 Fifth Avenue, 5th Floor, New York, NY 10011 within thirty (30) days following the date you first agree to these Terms.

General Terms

(a) Severability. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Seva and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Seva and you regarding the Site.

(c) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Seva’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Seva may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

(d) Notices. Any notices or other communications provided by Seva under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

(e) Waiver of Rights. Seva’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Seva. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Site, please contact us at:

Seva Inc.

132 West 31st St, 9th Floor

New York, NY 10001

info@hiseva.com

(646) 907-9579

Privacy Policy

This Privacy Policy explains our practices regarding the collection, use and disclosure of information that we receive through your use of our website (the or our “Site”) and related services. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through the Site. Also, please note that, unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

Revisions to this Privacy Policy.

Any information that is collected via the Site is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you of those changes by posting them on our Site or by sending you an email or other notification, and we will update the “Last Updated Date” above to indicate when those changes will become effective.

Information Collected or Received from You.

Our primary goals in collecting information are to provide and improve access to our Site, to administer your use of the Site, and to enable you to enjoy and easily navigate our Site.

(a) Access to your Information. If you access our Site and request a demo, we will collect certain information that can be used to identify you, such as your name, company name and email address (“PII”).

(b) Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.

“Cookies” are small text files that are placed on your device by a web server when you access our Site. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Site and to tell us how and when you interact with our Site. We may also use Cookies to monitor aggregate usage and web traffic routing on our Site and to customize and improve our services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Site and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Site. Some third-party services providers that we engage (including third-party advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

“Web Beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Site for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Site, to monitor how many visitors view our Site, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

“Log Data” means certain information about how a person uses our Site (a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Site, the pages or features of our Site to which a User browsed and the time spent on those pages or features, search terms, the links on our Site that a User clicked on and other statistics. We use Log Data to administer the Site and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Site is used.

(c) Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Site, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Site.

Information that we Share with Third Parties.

We will not share any PII that we have collected from or regarding you except as described below:

(a) Information Shared with Our Services Providers. We may engage third-party service providers to work with us to administer and provide access to our Site and services. These third-party service providers have access to your PII only for the purpose of performing services on our behalf.

(b) Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.

(c) Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.

Information We Process on Behalf of Our Customers.

Our customers may choose to use our services to process certain data of their own, which may contain information relating to an identified or identifiable natural person. The customer data that we process through our services is processed by us according to our customer’s instructions, and our privacy practices will be governed by the contracts that we have in place with our customers, not this Privacy Policy. If you need any assistance or further information, you can contact us at info@hiseva.com.

Your Choices

We offer you choices regarding the collection, use and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Site.

(a) Opt-Out of our Mailings. We may periodically send you free newsletters and e-mails that directly promote our Site and services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. We do need to send you certain communications regarding the Site and our services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy or information about billing.

(b) Modifying Your Information. If you want us to delete your PII, please contact us at info@hiseva.com with your request. We will take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

Responding to Do Not Track Signals.

Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.

The Security of Your Information.

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Links to Other Sites

Our Site may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We are not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

International Transfer

Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.

Your California Privacy Rights

California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their PII for direct marketing purposes during the preceding calendar year and the categories of PII shared with those third parties.If you are a California resident and wish to obtain that information, please submit your request by sending us an email at info@hiseva.com with “California Privacy Rights” in the subject line or by writing to us at Seva Inc. 132 West 31st St, 9th Floor, New York, NY 10001.

Questions?

Please contact us at info@hiseva.com if you have any questions about our Privacy Policy.