Terms and Conditions

Last Updated: April 2025

We validly assume that you have read, understood and agreed to this Terms of Service (ToS) prior to and on availing the services described hereunder. You shall not register or utilise the services provided by Us if You do not agree with any of the terms in this ToS.

We validly assume that you have read, understood and agreed to this Terms of Service (ToS) prior to and on availing the services described hereunder. On Your registration, it shall be deemed that You have agreed to and accepted all the terms of this ToS.

The terms "Salesgem", "We", "Us", "Our", "Website", "App" and "www.salesgem.io" shall mean and include Salesgem Technologies Private Limited, a company registered under the laws of India, having its registered address at Room No.37/24Y, 2nd Floor, Calicut Business Center, Kallai, Calicut‑673003, Kerala, India.

1. Applicability

1.1. This ToS shall come into effect upon registration and activation of Your account. By accepting this ToS, you further agree to be bound by any amendments to the terms and conditions incorporated herein by reference.

1.2. All terms and conditions and policies including the Privacy Policy, Disclaimers and Terms of usage of third-party service providers constitute the terms of Your usage of the Service and form part of this ToS.

1.3. By registering Salesgem and/or utilising the Services, you hereby unconditionally agree to be bound by this ToS. If You do not agree to any of the terms, You shall not use the Services.

2. Registration and Payment

2.1. Registration

Registration is mandatory. You may contact your Salesgem POC for more details on the registration process and pricing. We reserve the right to refuse the Service to anyone for any reason at any point of time.

2.2. Eligibility

You are eligible to register only if you are running a company, working for a company, or consulting for a company. You may authorise an individual above 18 years of age to register on your behalf. Individuals who are legally incompetent to contract are not eligible to register or use the Services.

2.3. Payment

The Service is provided on a Pay-per-Use model.

  • You agree to pay a monthly/annual subscription fee for availing the Service.
  • GST and taxes, as applicable, shall be levied on the subscription fees as per prevailing laws in India.
  • You may be required to make additional payments for value-added services and modules.
  • The subscription fee may be subject to change and You shall be notified in case of any changes.

Payments are not liable to be refunded if You stop using our Service before the expiry of Your Term.

3. Ownership and Intellectual Property Rights

3.1. Salesgem Technologies Pvt Ltd represents that it owns or holds the License to any and all title, rights and interest in copyright and other Intellectual Property Rights in the software "Salesgem", the Website and the Services rendered.

3.2. You hereby agree and acknowledge that You shall not acquire any title, rights and interest in copyright and other Intellectual Property Rights in Salesgem and the Services rendered.

3.3. You shall be the sole owner and solely responsible for your contents and data entered/uploaded by you on Salesgem.

4. Your Responsibilities and Obligations

4.1. You shall be solely responsible for data entry and management, lead follow-ups, obtaining consent from leads, sending messages, managing your team, API integrations, and all related activities.

4.2. You hereby unconditionally agree that You will not post or transmit, via Salesgem, any content containing profanity, false or misleading materials, viruses, spam, defamatory, obscene, pornographic or hateful material, or any content which may infringe third-party intellectual property rights.

4.3. You hereby unconditionally agree that You shall use this Service only for legal and legitimate purposes.

4.4. You shall not attempt to access unauthorised servers, probe for vulnerabilities, interfere with other users' access, or attempt to duplicate Salesgem by reverse engineering.

5. Third Party Services

5.1. Salesgem may include links to other websites or services ("Linked Sites") solely as a convenience to Clients. Unless otherwise specifically indicated, Salesgem does not endorse any such Linked Sites. ACCESS AND USE OF LINKED SITES IS SOLELY AT YOUR OWN RISK.

6. Data Collection and Privacy

6.1. We do not collect any data other than those uploaded into Salesgem by you or your Authorised User(s). Salesgem only uses such data to perform the services and such data are not disclosed or shared with any third party.

6.2. The personal data keyed in by your customers at the payment gateway are not stored by us.

6.3. To know more, please refer to our Privacy Policy.

7. Disclaimers and Warranties

7.1. EXCEPT AS PROVIDED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.3. We endeavour to keep Salesgem error free and secure; however, we shall not be liable for any data loss, corruption or damages caused due to any virus, malicious codes, server breakdowns, or hacking.

7.4. We do not guarantee an uninterrupted Service as uptime depends on several factors beyond our control.

7.5. You are responsible for maintaining and properly updating your data on your account.

7.6. You are responsible for all contents posted by you and your Authorised Users.

7.7. We shall not be liable for any default, loss of data or interruption in Services attributable to events beyond our reasonable control (Force Majeure Events).

8. Indemnification

8.1. You hereby agree to indemnify, defend, and hold Salesgem Technologies Private Limited and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, claims, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim related to your use of Salesgem and for violation of any of the provisions of this ToS.

8.2. You further agree to indemnify and hold us harmless from any claims, dispute, litigation, damages and cost resulting from any customer claim related to the use of the Service.

9. Limitation of Liability

9.1. You shall be solely responsible for the consequence of the use of Salesgem.

9.2. We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused, including loss of production, loss of or corruption of data, loss of profit or of contracts, loss of operation time or loss of goodwill.

9.3. Our total liability under or in connection with this ToS shall not exceed the sum of the yearly subscription fee.

10. Suspension and Termination

10.1. We may suspend or terminate your access to Salesgem at our sole discretion in the event of any violation of the terms of this ToS or non-payment of subscription fees.

10.2. In the event of any such suspension, you will be notified and given an opportunity to correct such breach.

10.3. Either Party may terminate this ToS at any time without assigning any reasons. Pro-rata refund of fees, if any, shall be considered only in the event of Salesgem terminating your account for reasons other than non-payment or violations of this ToS.

10.4. Upon termination, your accounts shall be locked and inaccessible. We shall delete your data only after a period of 60 days from the date of termination, unless you request immediate deletion.

10.5. Termination does not extinguish your liability for unpaid dues towards us.

11. Modification

11.1. We reserve the right to modify or update any of the terms of this ToS after notifying all our subscribers. We may also exhibit a general notification on our website to that effect. You are required to periodically check the ToS for any changes.

12. Force Majeure

12.1. We shall not be responsible for delay, default, or failure in its performance of Salesgem if caused by extraordinary weather conditions, natural catastrophes, epidemics, war, riots, strikes, lockouts, change of law, acts of governmental agencies, or other events beyond our control. If the force majeure event continues for more than 20 days, the Parties shall mutually decide to terminate or suspend the Services.

13. Assignment

13.1. You shall not assign or transfer any of your rights acquired under this ToS to any third party.

13.2. We may assign the responsibility of providing the Services to our affiliates without notice to You, provided such assignment will not cause any interruption in the Services.

14. Dispute Resolution

Any disputes arising out of or in connection with this ToS shall first be attempted to be resolved amicably between the Parties. If a resolution cannot be achieved, the matter shall be subject to binding arbitration under the Arbitration and Conciliation Act, 1996, as amended, with the seat of arbitration in Kozhikode, Kerala, India.

15. Jurisdiction

15.1. This ToS shall be governed by and construed in accordance with the laws of India. This Agreement and any dispute arising out of it shall be subject to the jurisdiction of the Courts in Kozhikode, Kerala, which will have exclusive jurisdiction to govern the provisions of this ToS.