Terms of Service

1. Interpretation and Definitions 

1.1. Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

1.2. Definitions 

For the purposes of these Terms of Service: 

Application means the software program provided by the Company downloaded by You on any electronic device, named Sidekick and accessed through web.trysidekick.com. 

Application Store means the digital distribution service operated and developed by HubSpot, Inc. (HubSpot App Marketplace), Slack Technologies, LLC (Slack App Marketplace) and Microsoft Corporation (Microsoft AppSource) in which the Application has been downloaded 

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority 

Country refers to: India 

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ghaas Technologies Pvt. Ltd., A3-103, Plaza at 106, Sector 106, Gurugram, 122006, India 

Customer Data means personal data relating to end users or contacts that is processed through the Service on behalf of enterprise customers 

Data Controller means the entity that determines the purposes and means of processing personal data

Data Processor means the entity that processes personal data on behalf of the Data Controller 

Data Subject means an identified or identifiable natural person whose personal data is being processed 

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet 

GDPR means the General Data Protection Regulation (EU) 2016/679

Personal Data has the meaning given in applicable data protection laws

Service refers to the Application or the Website or both 

Sub-Processor means any Data Processor engaged by Us to process Customer Data 

Terms of Service (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service 

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service 

Website refers to Sidekick, accessible from https://trysidekick.com 

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable 

2. Acknowledgment 

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service. 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service. 

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. 

3. Subscriptions and Payment 

3.1. Payment Methods 

We accept the following forms of payment: Mastercard, American Express, Visa, and Discover. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. 

3.2. Billing and Renewal 

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly. 

3.3. Free Trial 

We may offer free trial access to the Service from time to time. The availability, duration, and terms of any free trial will be as specified under the applicable subscription plan at the time of registration or purchase. Unless cancelled prior to the end of the free trial, the subscription may convert to a paid plan in accordance with the selected subscription terms. 

3.4. Cancellation and Refunds 

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current billing cycle. 

3.5. Fee Changes 

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law. 

4. Third-Party Services and Links 

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. 

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. 

We strongly advise You to read the Terms of Service and privacy policies of any third-party websites or services that You visit. 

5. Data Processing Terms 

This section applies where the Company processes Customer Data on Your behalf in connection with Your use of the Service. In such cases, You are the Data Controller and the Company is the Data Processor. 

5.1. Scope of Processing 

The Company will process Customer Data solely for the purpose of providing the Service in accordance with Your documented instructions as set out in these Terms and Service and Your use of the Service. The nature and purpose of the processing, the types of personal data, and the categories of data subjects are determined by Your configuration and use of the Service. 

5.2. Data Controller Obligations 

You warrant that You have all necessary rights and have provided all necessary notices to process Customer Data and to authorize the Company to process Customer Data on Your behalf in accordance with these Terms. You are responsible for ensuring that Your instructions for processing Customer Data comply with applicable data protection laws. 

5.3. Data Processor Obligations 

The Company agrees to process Customer Data in accordance with applicable data protection laws and to: 

- process Customer Data only on Your documented instructions unless required by applicable law to process otherwise; 

- ensure that persons authorized to process Customer Data are subject to appropriate confidentiality obligations; 

- implement appropriate technical and organisational measures to protect Customer Data; 

- respect the conditions for engaging Sub-Processors as set out in Section 5.5;

- assist You in responding to requests from data subjects to exercise their rights under applicable data protection laws; 

- assist You, within reasonable limits, in ensuring compliance with security obligations, data breach notification requirements, and data protection impact assessments where applicable; 

- delete or return Customer Data to You at the end of the provision of the Service, unless retention is required by applicable law; and 

- make available to You such information as is necessary to demonstrate compliance with the obligations set out in this section and allow for and contribute to audits and inspections conducted by You or an authorized auditor.

5.4. Security Measures

The Company implements appropriate technical and organisational measures designed to protect Customer Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures are proportionate to the risks presented by the processing and the nature of the Customer Data being protected. Further information regarding specific security measures may be provided separately or upon request in connection with customer due diligence or security assessments. 

5.5. Sub-Processors 

You acknowledge and agree that we may engage Sub-Processors to process Customer Data on Your behalf. Information regarding the Company's Sub-Processors is made available separately and may be accessed or provided upon request. 

We will provide notice of material changes to Sub-Processors by updating the applicable Sub-Processor list or Privacy Policy. Where required by applicable data protection laws, You may object to a new Sub-Processor on reasonable data protection grounds by notifying Us within a reasonable period following such notice.

We will impose data protection obligations on Sub-Processors that are substantially similar to those set out in these Terms through written agreements. We remain responsible for Sub-Processors’ compliance with such obligations to the extent required under applicable data protection laws. 

5.6. Data Breach Notification 

The Company will notify You without undue delay upon becoming aware of any personal data breach affecting Customer Data, and will provide You with such information and assistance as You may reasonably require to fulfil any obligations to report or inform data subjects of the personal data breach under applicable data protection laws. 

6. Standard Contractual Clauses for International Data Transfers

Where the Company processes Customer Data that is transferred from the European Economic Area, the United Kingdom, or Switzerland to countries that do not provide an adequate level of data protection as determined by the European Commission or relevant data protection authorities, the parties agree to be bound by the Standard Contractual Clauses as appropriate to such transfers. 

6.1. Applicable Modules 

The parties agree to comply with the Standard Contractual Clauses approved by the European Commission (Decision 2021/914) for the transfer of personal data to third countries, as follows: 

Module Two (Controller to Processor) applies where You are the Data Controller and the Company is the Data Processor; 

Module Three (Processor to Processor) applies where We engage Sub-Processors to process Customer Data on Your behalf; and 

For transfers subject to UK GDPR, the parties agree to be bound by the UK International Data Transfer Agreement (IDTA) or the UK Addendum to the EU Standard Contractual Clauses, as applicable. 

6.2. Incorporation and Interpretation 

The Standard Contractual Clauses are hereby incorporated by reference and form an integral part of these Terms of Service. In the event of any conflict between these Terms and the Standard Contractual Clauses, the Standard Contractual Clauses shall prevail to the extent required by applicable law. 

6.3. Annexes to Standard Contractual Clauses 

Annex I.A (List of Parties): 

- Data Exporter: You, acting as Data Controller. Contact details as provided in Your account. 

- Data Importer: Ghaas Technologies Pvt. Ltd., A3-103, Plaza at 106, Sector 106, Gurugram, 122006, India. Email: contact@trysidekick.com

- Contact person: As designated in Your account or by email to contact@trysidekick.com 

Annex I.B (Description of Transfer): 

- Categories of data subjects: End users and contacts whose personal data is processed through the Service as determined by Your use of the Service - Categories of personal data: As determined by Your configuration and use of the Service, which may include contact information, account details, usage data, and other information uploaded or processed through the Service 

- Sensitive data: The Service is not designed to process special category data unless specifically configured by You 

- Frequency of transfer: Continuous for the duration of the Service - Nature of processing: Processing operations as necessary to provide the Service functionality selected by You 

- Purpose of processing: To provide the Service in accordance with Your instructions 

- Period for which data will be retained: In accordance with the data retention provisions set out in Our Privacy Policy and as required or permitted by applicable law 

Annex I.C (Competent Supervisory Authority): 

Where the Data Exporter is established in the EU, the competent supervisory authority shall be the supervisory authority of the Member State in which the Data Exporter is established. Where the Data Exporter is established in the UK, the competent supervisory authority shall be the Information Commissioner's Office (ICO). 

Annex II (Technical and Organizational Measures): 

The Company implements appropriate technical and organizational measures designed to ensure a level of security appropriate to the risk of processing Customer Data. These measures are designed to protect against unauthorized or unlawful processing and against accidental loss, destruction, or damage, taking into account the state of the art, implementation costs, and the nature, scope, context, and purposes of processing, as well as the risks to individuals. 

Security measures include, where appropriate, measures relating to: 

- the pseudonymization and encryption of personal data; 

- the ability to ensure ongoing confidentiality, integrity, availability, and resilience of processing systems and services; 

- the ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident; 

- processes for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures; 

- measures for user identification and authorization; 

- measures for protection of data during transmission and storage;

- measures for ensuring physical security of locations where personal data is processed; and 

- measures for ensuring events logging, incident detection, and incident response. 

Detailed documentation regarding specific security measures and controls may be provided separately or made available upon request in connection with customer due diligence, security assessments, or contractual discussions, subject to appropriate confidentiality obligations. 

Annex III (List of Sub-Processors): 

Information regarding the Company's Sub-Processors may be provided separately or upon request. The Company maintains an up-to-date list of Sub-Processors and will provide notice of material changes where required under applicable data protection laws and in accordance with Section 5.5 of these Terms. 

7. Limitation of Liability 

Subject to applicable law, the limitations and exclusions of liability set out in this Section apply to all claims arising out of or in connection with these Terms, including any obligations relating to data protection, security, or the processing of personal data.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the twelve (12) months preceding the event giving rise to liability, or one hundred US dollars (US$100) if You have not made any payments through the Service. 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 

8. "AS IS" and "AS AVAILABLE" Disclaimer 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. 

9. Governing Law 

These Terms and your use of the Service are governed by the laws of India, excluding its conflict of law rules, subject to any mandatory provisions of applicable local, state, national, or international laws 

10. Dispute Resolution

If you have any concern or dispute arising out of or relating to the Service or these Terms, you agree to first attempt to resolve the matter informally by contacting the Company. We will use reasonable efforts to address and resolve the dispute promptly. 

For European Union (EU) Users 

If you are a consumer resident in the European Union, nothing in these Terms affects any mandatory rights or remedies you may have under the laws of the country in which you are resident. 

11. Termination 

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service or contact Us to request account deletion. 

12. Severability and Waiver 

12.1. Severability 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

12.2. Waiver 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. 

13. Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please discontinue use of the Service.

14. Contact Us 

If you have any questions about these Terms of Service, You can contact us:

Ghaas Technologies Pvt. Ltd. 

Email: contact@trysidekick.com 

Address: A3-103, Plaza at 106, Sector 106, Gurugram, 122006, India