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WHAT IS GDPR?

GDPR or General Data Protection Regulation is designed to “fit for the digital age” and provide all users to control their personal data shared with the websites. It also helps to simplify the regulatory environment for businesses so both citizens and the businesses can benefit from the digital economy.

PERSONAL DATA COLLECTED UNDER GDPR

Almost every internet service involves the collection and storage of personal data. This can include your name, email address, phone number, credit/debit card number. The definition of personal data has been extended so IP addresses can also be treated as personal data.

The compliance of GDPR within and outside EU ensures that the personal data is gathered legally, respect the rights of data owners and not being misused.

GDPR FOR BUSINESSES

GDPR applies to organizations operating within and outside EU which offer good/services to customers or businesses. Businesses which fail to protect the collected user data are face penalties. As of 25th May 2018, all businesses are expected to be GDPR compliant.

KaptureCRM GDPR COMPLIANCE

As a global company, KaptureCRM comply with EU-U.S. and Swiss Privacy Shield Frameworks and GDPR. Protecting the personal data of our customers continues to be a priority and we ensure that the collected data is not tampered. While KaptureCRM doesn’t introduce significant new requirements to its security and privacy practices, we do maintain security practices for handling customer content (defined in our Privacy Policy).

DATA CONTROLLERS VS DATA PROCESSORS

To simplify, a data controller refers to a person, authority, agency, or body which alone or jointly determines the purpose of gathering the data and analyzing it. Data processor on the other hand refers to a person, authority, agency, or body that processes gathered data on the behalf of the controller. KaptureCRM ensures that all the data that is being collected is directly form the consumer and third-party website which has been integrated with us.

DATA PROTECTION AND DATA RESIDENCY

The declaration of obligation or non- disclosure/confidentiality agreement applies to data protection, privacy of all shared data, trade secrets as well as social security data privacy. Furthermore, confidentiality agreements for employees and confidentiality agreements for external service providers would be distinguished.

This also helps to protect very real security risks including:

  • Breaches of confidentiality. For instance, information being given out inappropriately.

  • Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.

  • Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

  • The only people able to access data covered by this policy should be those who need it for their work.

  • Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.

  • In particular, strong passwords must be used and they should never be shared.

  • Personal data should not be disclosed to unauthorised people, either within the company or externally.

ARTICLE 27 GDPR COMPLIANCE

Information according to Art. 27 EU GDPR
Adjetter Media Network Private Limited is a company located outside of the European Union. In order to comply with Art. 27 juksta.eu has been nominated as our represenative in the European Union. If you want to make use of your data privacy rights, please visit: Our public Privacy dashboard.

GDPR Representative Service

KaptureCRM is dedicated to continuously improving the security, technical and organizational measures to better protect the customer data and sensitive information shared with us. We are always evaluating industry standard practices regarding technical data privacy and information security and strive to meet or exceed those standards. Our security programs are comprehensive and dedicated to all facets of safety.

KaptureCRM holds the following trusted security certifications.

HIPPA

We help customers address their HIPAA obligations by leveraging appropriate security configuration options in KaptureCRM products.

  • GDPR
  • HIPAA
  • ISO

SECURITY COMPLIANCE

ISO

KaptureCRM is ISO 27001:2013 certified. The certificate is available for download here.

The policy and technical and organizational measures provided in this Data Security and Privacy attachment (DSP) apply to KaptureCRM Platform underlying applications, platforms, and management of infrastructure components operated by KaptureCRM.

Data Protection and Data Residency: The declaration of obligation or non- disclosure/confidentiality agreement applies to data protection, privacy of all shared data, trade secrets as well as social security data privacy. Furthermore, confidentiality agreements for employees and confidentiality agreements for external service providers would be distinguished.

This also helps to protect very real security risks including:

  • Breaches of confidentiality. For instance, information being given out inappropriately.

  • Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.

  • Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

  • The only people able to access data covered by this policy should be those who need it for their work.

  • Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.

  • In particular, strong passwords must be used and they should never be shared.

  • Personal data should not be disclosed to unauthorised people, either within the company or externally.

Security Policies

I. KaptureCRM will maintain and follow IT security policies and practices that are integral to KaptureCRM’s business and mandatory for all KaptureCRM employees, including contract personnel. II. KaptureCRM will review its IT security policies at least annually and amend such policies as KaptureCRM deems reasonable to maintain protection of the Cloud Services and Content processed therein.

Service Integrity

I. KaptureCRM will maintain policies and procedures designed to manage risks associated with the application of changes to its Cloud Services. Prior to implementation, changes to the Cloud Service, including its systems, networks and underlying components, will be documented in a registered change request that includes a description and reason for the change, implementation details and schedule, a risk statement addressing impact to the Cloud Service and its clients, expected outcome, rollback plan, and documented approval by authorized personnel.

II. KaptureCRM will maintain an inventory of all information technology assets used in its operation of the Cloud Service. KaptureCRM will continuously monitor the health and availability of the Cloud Service and underlying components. III. KaptureCRM will maintain measures designed to assess, test, and apply security advisory patches to the Cloud Service and its associated systems, networks, applications, and underlying components within the Cloud Service scope. Upon determining that a security advisory patch is applicable and appropriate, KaptureCRM will implement the patch pursuant to documented severity and risk assessment guidelines. Implementation of security advisory patches will be subject to KaptureCRM change management policy.

Kapture CRM recognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on https://www.kapturecrm.com/ . This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.

Kapture CRM is a property of Adjetter Media Network Private Limited, an Indian Company registered under the Companies Act, 2013 having its registered office at SAS Veer Building, 3M-123/A, First Floor East of NGEF Layout, Kasturi Nagar, Karnataka Bangalore – 560043

This also helps to protect very real security risks including:

This is a summary of our new privacy policy which takes effect on 05/07/2019. It covers every Kapture website that links here and all of the products and services provided by the website.

Our Privacy Commitment

Kapture has never sold your information to someone else for advertising, or made money by showing you other people's ads, and we never will. This has been our mindset and approach since we started. This policy tells you what information we do collect from you, what we do with it, who can access it, and what you can do about it.

KAPTURE IS COMMITTED TO PROTECT THE INFORMATION YOU PROVIDE US

Account and Sign up : When you sign up for a free trial or any of our services, we will ask for information like your name, contact number, company name, email address and country to complete the sign up process. If you sign up for a free trial account, we do not ask for you to enter your credit card information.

Registration and other form submissions : We collect information that you submit when you

  • Subscribe to our newsletter

  • Submit a form

  • Register for an event, submit a form in order to download any guides or books

  • Submit a form to request customer support.

Testimonials : When we get authorization from you to post testimonials about our products and service on website, we may add your name, designation and picture. If you want your testimonial to be removed, Please contact us at marketing@adjetter.com

HOW WE COLLECT INFORMATION

  • Contact Information : We might collect your name, email, mobile number, phone number and ip address.

  • Information you Post : We collect information you post in a public space on our website or on a third-party social media site belonging to Kapturecrm.com

  • Demographic Information : We may collect demographic information about you or any other information provided by you during the use of our website. We might collect this as a part of a survey also.

  • Other Information : If you use our website, we may collect information about your IP address and the browser you're using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.

HOW KAPTURE HANDLES INFORMATION

  • We collect information directly from you. We collect information directly from you when you register for a demo or subscribe. We also collect information if you post a comment on our websites or ask us a question through phone or email.

  • We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.

  • We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.

  • We use information to contact you: We might use the information you provide to contact you for a sales pitch or for other promotional purposes

  • We use information to respond to your requests or questions. We use your information to check the interaction history and respond to you based upon your questions.

  • We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.

  • We use information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.

  • We use information for security purposes. We may use information to protect our company, our customers, or our websites.

  • We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products we think you might find interesting

  • We use information to send you transactional communications. We might send you emails or SMS about your free trial account and demo scheduled.

Email Opt-Out

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, please email unsubscribe to . It may take about ten days to process your request.

Article 27 GDPR Compliance

Information according to Art. 27 EU GDPR
Adjetter Media Network Private Limited is a company located outside of the European Union. In order to comply with Art. 27 juksta.eu has been nominated as our representative in the European Union. If you want to make use of your data privacy rights, please visit: Our public Privacy dashboard.

Third Party Sites

If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.

Questions, Concerns or Complaints

If you have any comments or questions regarding our Privacy Policy or if you have any concerns regarding your Privacy, you can contact Kapture’s support at

DATA CENTER PHYSICAL SECURITY

Facilities

KaptureCRM hosts Service Data primarily in AWS data centers that have been certified as ISO 27001, PCI DSS Service Provider Level 1, and/or SOC 2 compliant. Learn more about Compliance at AWS.

AWS infrastructure services include backup power, HVAC systems, and fire suppression equipment to help protect servers and ultimately your data.

On-Site Security

AWS on-site security includes a number of features such as security guards, fencing, security feeds, intrusion detection technology, and other security measures. Learn more about AWS physical security.

Data Hosting Location

KaptureCRM leverages AWS data centers in the United States and Asia Pacific. Customers can choose to locate their Service Data in the US-only or EEA-only (only available for enterprise).

Dedicated Security Team

Our globally distributed Security Team is on call 24/7 to respond to security alerts and events.

Protection Architecture

Our network security architecture consists of multiple security zones. More sensitive systems, like database servers, are protected in our most trusted zones. Other systems are housed in zones commensurate with their sensitivity, depending on function, information classification, and risk. Depending on the zone, additional security monitoring and access controls will apply. DMZs are utilized between the Internet, and internally between the different zones of trust.

Network Vulnerability Scanning

Network security scanning gives us deep insight for quick identification of out-of-compliance or potentially vulnerable systems.

Intrusion Detection and Prevention

Service ingress and egress points are instrumented and monitored to detect anomalous behavior. These systems are configured to generate alerts when incidents and values exceed predetermined thresholds and use regularly updated signatures based on new threats. This includes 24/7 system monitoring.

Threat Intelligence Program

KaptureCRM participates in several threat intelligence sharing programs. We monitor threats posted to these threat intelligence networks and take action based on risk.

Logical Access

Access to KaptureCRM Network is restricted by an explicit need-to-know basis, utilizes least privilege, is frequently audited and monitored, and is controlled by our Operations Team. Employees accessing the KaptureCRM Network are required to use multiple factors of authentication.

Security Incident Response

In case of a system alert, events are escalated to our 24/7 teams providing Operations, Network Engineering, and Security coverage. Employees are trained on security incident response processes, including communication channels and escalation paths.

Encryption in Transit

All communications with KaptureCRM UI and APIs are encrypted via industry standard HTTPS/TLS (TLS 1.2 or higher) over public networks. This makes sure that all traffic between you and KaptureCRM is safe during the transit. Additionally for email, our product leverages opportunistic TLS by default. Transport Layer Security (TLS) encrypts and provides email securely, mitigating eavesdropping between mail servers where peer services support this protocol. Exceptions for encryption may include any use of in-product SMS functionality, any other third-party app, integration, or service subscribers may choose to leverage at their own discretion.

Redundancy

KaptureCRM employs service clustering and network redundancies to eliminate single points of failure. Our strict backup regime allows us to deliver a high level of service availability, as Service Data is replicated across availability zones.

Disaster Recovery

Our Disaster Recovery (DR) program ensures that our services remain available and are easily recoverable in the case of a disaster. This is accomplished through building a robust technical environment, creating Disaster Recovery plans, and testing activities.

Authentication Security

Customers can enable KaptureCRM authentication, social media sign-on and/or Enterprise sign-on for end-user and/or agent authentication.

Configurable Password Policy

KaptureCRM native authentication for products available through the Admin Center provides the following levels of password security: low, medium, and high, as well as set custom password rules for agents and admins. KaptureCRM also allows for different password security levels to apply to end users vs. agents and admins. Only admins can change the password security level.

2-Factor Authentication (2FA)

KaptureCRM native authentication for products available through the Admin Center offers 2-factor (2FA) for agents and admins.

Service Credential Storage

KaptureCRM follows secure credential storage best practices by never storing passwords in human readable format, and only as the result of a secure, salted, one-way hash.

SECURITY AWARENESS

Policies

KaptureCRM has developed a comprehensive set of security policies covering a variety of topics. These policies are shared with and made available to all or any employees and contractors with access to KaptureCRM information assets.

Training

All employees attend a Security Awareness Training, which is given upon hire and annually thereafter. All engineers receive annual Secure Code Training. the safety team provides additional security awareness updates via email, blog posts, and in presentations during internal events.

Background Checks

KaptureCRM performs background checks on all new employees in accordance with local laws. These checks also are required to be completed for contractors. The background check includes criminal, education, and employment verification. Cleaning crews are included.

Confidentiality Agreements

All new hires are required to sign Non-Disclosure and Confidentiality agreements.

WHAT IS SPAM?

Spam is unsolicited commercial email. KaptureCRM prohibits the use of its products and services in any manner associated with the transmission, distribution and delivery of spam. Any customer found to be using KaptureCRM’s products for sending spam will be found in violation of this policy and our Terms of Service. Consequences for violation of this policy include immediate account termination as well as liability for civil, criminal or administrative penalties and damages.

What is Prohibited by KaptureCRM?

In compliance with the U.S. CAN-SPAM Act and other global regulatory Acts, KaptureCRM prohibits the following:

  • Emails sent with invalid or forged headers

  • Use of KaptureCRM or other third party domain name to transmit email without consent.

  • Subject lines containing false or misleading information.

  • The use of harvested mailing lists or any list where the recipient has not given their prior consent.

  • Any other means of deceptive addressing and misrepresentation.

Anti-Spam Legislation

Global regulations empower many governments to enforce laws with similar requirements. Penalties can include fines and/or jail time. We reserve the proper to report the utilization of our services for spam to the relevant authorities necessary to guard our users.

How to Notify Us

If you've received any unsolicited email please notify us immediately at .

If KaptureCRM finds unauthorized or improper use, it may, all of sudden, take action in its sole discretion, including blocking messages from a specific Internet domain, mail server or IP address also as terminating any account found in violation of this policy.

Privacy

We are committed to your privacy. Please read the Privacy Policy for an explanation of how we collect, use, disclose, transfer, and store your information.

Cookies may be “persistent” or “session” cookies. A persistent cookie consists of a document sent by an online server to a web browser, which is able to be stored by the browser and can stay valid till its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the opposite hand, can expire at the end of the user session, once the web browser is closed.

Data Security & Service Policy

Our Data Security & Service Policy apply to KaptureCRM Platform underlying applications, platforms, and management of infrastructure components operated by KaptureCRM. Please read our Data Security & Service Policy for more information.

What is Cookie Policy

Kapture CRM Cookie Policy explains how we use cookies and similar technologies to acknowledge you when you visit our Websites. If you utilize our websites, we tend to use various website navigation info as well as tracking technologies such as cookies and web beacons to gather and store information from you. Our Cookie Policy explains what cookies are, how we tend to use cookies, how third-parties we tend to may partner with may use cookies on the site, your choices concerning cookies, and more information regarding cookies.

What are Cookies ?

A cookie could be a tiny piece of information stored on the user's computer by the web browser while browsing the website. Cookies are necessary so that most websites work properly. A basic website can operate while not serving cookies, but most websites need some cookies stored on the user's computer so that the website remembers the user's language preference and other preferences that can make your next visit easier and the site more useful to you. Cookies play a vital role. without them, using the web would be a far more frustrating experience. they allow the website owner to tell apart you from other users of the website. Cookies cannot be executed as code or used to deliver viruses and that they cannot enable us to access your hard drive. we cannot browse any info on your hard drive though we store cookies there.

Cookies may be “persistent” or “session” cookies. A persistent cookie consists of a document sent by an online server to a web browser, which is able to be stored by the browser and can stay valid till its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the opposite hand, can expire at the end of the user session, once the web browser is closed.

Cookies don't contain any info that in person identifies you, however personal info that we tend to store regarding you will be linked, by us, to the information stored in and obtained from cookies.

Cookies set by the website owner are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third-party cookies modify third party features or practicality to be provided on or through the website (e.g. like advertising, interactive content, and analytics). The parties that set these third party cookies will acknowledge your computer both when it visits the website in question and additionally when it visits certain other websites.

Why do We Use Cookies

We use cookies for a number of different reasons. Some cookies are needed for technical reasons so as for our Websites to work whereas some cookies modify us to trace and target the interests of our users to reinforce the experience on our Websites. Some of these cookies are also set once a page is loaded, or once a visitor takes a specific action whereas third party cookies are used for advertising, analytics, and alternative functions.

Most browsers allow you to refuse to just accept cookies. blocking all cookies can, however, have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use certain options on the website).

How to Notify Us

If you have got any queries or issues concerning our cookie policy, please send an email to .

TERMS OF SERVICE

Adjetter Media Network Private Limited, a private company duly incorporated and registered under the Companies Act, 1956, having its principal place of business and registered offices at “Sas Veer” Building, 3 M-123/A East of NGEF Layout, Kasturi Nagar, Bangalore – 560043, India, (hereinafter referred to as “Kapture”, which expression shall, unless repugnant to the context thereof, be deemed to mean and include its successors in interest, managers and permitted assigns) has developed and owns the software known as Kapture CRM and all the Intellectual Property Rights associated with it (“KaptureCRM”)

Kapture is a full featured cloud CRM platform, offered on “demand pay as you go” model; delivers all feature set on web browser and over internet, eliminating any customer side installation and configuration; provides end-to-end solution to the customer, which includes Sales Automation, Operations and customer interaction coming from multiple channels like phone, email, live chat, social media (FB & Twitter) at one place with readily available API’s; Kapture REST API ensures that it can integrate into any third-party tool; Live monitoring and dashboards accessible from anywhere using the browser, ensures you have the right control over operation. Kapture guarantees an Up-Time of 99.6% and the service shall be available 24 hours a day through the web hosted solution.

You (“Subscriber”) have chosen to avail the Services provided by Kapture and your use of the Services is subject to these Terms of Service, which may be updated from time to time (this “Agreement”). You acknowledge and understand that by using the Services, you accept the terms of this Agreement and agree to be bound by them. If the terms laid down here are not acceptable to you, then you may not avail the Services provided by Kapture.

1. Subscription:

Accepting the terms of this Agreement shall mean that Kapture shall grant a non-sub-licensable, non-transferable, non-exclusive subscription to access and use KaptureCRM, solely for the Subscriber’s internal business purposes. Necessary support will be provided by Kapture’s Team from time to time while utilizing the Services. The Subscriber shall be provided with the Services through simple user interface integration. All the data captured shall be provided to the Subscriber in its account and multiple logins can be created to access such account on behalf of the Subscriber.

2. Services connected with this Agreement:

The Subscriber shall be provided with the following services and support (“Services”):

  1. CRM Set-up: Kapture shall provide log-ids and passwords for the usage of the KaptureCRM platform i.e. mobile and web application, upon the Effective Date of this Agreement.

  2. Reports: Meeting map, Daily sales report, Deal pipeline, Team-wise activity report, Target vs Achievement report, Attendance report, Deal realtime report.

  3. Account Management: Assigning accounts to individual, Option to add additional point of contact.

  4. Deal Management: Deal profiling, Adding deal mapping to one account with multiple services, Option to send email, Attach documents at opportunity level, setting follow-ups with call remarks, Dispositions based on the interactions, Deal pipeline.

  5. Order Management: Order confirmation once the deal is agreed to sign-up.

  6. Field Force Management: Attendance management, Geo fencing, Expense management, Creation of customer visit plan.

  7. Dashboards & Reports: Dashboard creation, dashboard mapping, multiple dashboard on single screen, Option to pull reports.

In addition to the above, the required training shall be provided by Kapture’s Team for implementation of the project of the Subscriber. The subscription shall be provided with access to Web, Tablet and Mobile App subject to specifications made by Kapture regarding the model of the device used.

3. Data

The Subscriber possesses and retains all right, title, and interest in and to the data on the KatpureCRM’s platform (“Project Data”), and Katpure’s use and possession thereof is solely on Subscriber’s behalf. Unless Kapture receives Subscriber’s prior written consent, Kapture shall not access, process, or otherwise use Project Data other than as necessary to perform its obligations under this Agreement; nor, does it give any of its employee access to the Project Data, except to the extent that such employee needs access to facilitate the Services to the Subscriber, under this Agreement. No third party shall have access to the Project Data. In the event of any legal requirement, meaning that any government authority or agency requires disclosure of Project Data and Kapture is legally bound to provide the same, adequate notice shall be given to the Subscriber regarding the same. The Data protection shall be undertaken in accordance with the Applicable Law & Kapture shall ensure that all reasonable steps are taken to protect Data Breaches.

4. Confidentiality:

The recipient of any Confidential Information shall not divulge Confidential Information received from the disclosing party to any person who does not need to know it, and shall prevent its disclosure to or access by any third party without the prior written consent of the disclosing party. This obligation will survive the termination this Agreement. The recipient may, however, disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law, provided that it gives the disclosing party prior written notice to permit the disclosing party to contest such disclosure. Neither Party shall make use of any Confidential Information other than for the purposes of this Agreement.

5. Subscription Fees:

Kapture’s Team shall notify the applicable subscription Fee (“Fees”) to the Subscriber and full payment shall be made at time of subscription.

6. Term:

The subscription shall be for a period of 1 year and shall be effective from date of payment of subscription Fee (“Effective Date”).

7. Termination:

This Agreement may be terminated by either party upon fifteen (15) Business Days' prior written notice if the other party breaches any of its obligations hereunder and the breaching party fails to cure such breach within fifteen (15) Business Days' after receiving written notice of the breach from the non-breaching party, unless waived by non-breaching party in writing. The Subscriber shall however be liable to pay the fees due till the date of termination in the above terms.

8. Force Majeure Events:

Neither Party shall be liable to the other for any default or delay in performance of its obligations under this Agreement to the extent that such default nor delay is attributable to events beyond the reasonable control of such Party. Such events (the “ForceMajeure Events”) shall include acts of God, fires, explosions, accidents, unusually severe weather conditions, embargoes, wars, riots, labor disputes, strikes, governmental requirements, pandemics and any other similar events. The Party affected by such an event shall, promptly upon learning of such event and ascertaining that it has or will affect its performance hereunder, give notice to the other Party, stating the nature of the event, its anticipated duration and any action being taken to avoid or minimize its effect.

9. Governing Laws:

This Agreement shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory, injunctive relief or relief of specific performance, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of Courts in city of Bengaluru.

10. Customer support Help Desk

The Subscriber shall report any issue/incident which needs to be registered through Phone/Email on the details mentioned below:

11. Dispute Resolution

In the event of any dispute, either Party may call upon the other Party for amicable settlement, and upon such reference the parties may attempt to amicably resolve the dispute. If dispute is not amicably settled within 10 (ten) Business Days, either Party may refer the dispute to arbitration.

Arbitration
Any dispute which is not resolved amicably, as provided above, shall be finally decided by reference to arbitration and such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The Parties shall mutually appoint a sole arbitrator. If the Parties fail to mutually appoint a sole arbitrator within 7 (Seven) Business Days of receipt of notice for resolution of Dispute by arbitration (“Arbitration Notice”), then both parties shall approach the High Court of Karnataka for appointment of Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 and both parties hereby agree that the fees payable for arbitration proceedings shall be fixed prior to the appointment of the Sole Arbitrator. The venue of such Arbitration shall be city of Bengaluru and language of Arbitration shall be English.

12. Limitation of Liability

SUBJECT TO APPLICABLE LAWS, IN NO EVENT SHALL KAPTURES OR ITS AFFILIATES' AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY THE SUBSCRIBER OR SUBSCRIBER’S AGENTS OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH THE SUBSCRIBER, ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY THE SUBSCRIBER TO KAPTURE WITHIN SIXTY (60) DAYS BEFORE THE DATE OF THE CLAIM-GIVING RISE TO SUCH LIABILITY.

13. Severability

If any provision of this Agreement is declared invalid, illegal or unenforceable, then such provision shall be deemed to be automatically adjusted to conform to the requirements for validity at such time and, as so adjusted, shall be deemed a provision of this Agreement as though originally included. If the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from this Agreement as though the provision had never been included. In either case, the remaining provisions of this Agreement shall remain in effect unless the adjustment or deletion renders the remaining Agreement in violation of the original intent of the parties.

14. Entire Agreement; Assignment; Modification

This Agreement (together with terms accompanying any software supplements, updates, and services that are provided by Kapture and that the Subscriber may use), is the entire Agreement for Kapture CRM. This Agreement shall be binding on the Parties and their respective successors (by merger, acquisition or otherwise) and assigns, but neither Party shall, nor has the power to, assign this Agreement without the prior written consent of the other. Further, this Agreement is not subjected to any amendment whatsoever, unless another Agreement is entered into and there is a specific clause in that Agreement that the same shall replace/amend/be in addition to the terms herein contained.

15. Acknowledgement

By using Service or other Services provided by Kapture, Subscriber acknowledges that the Subscriber has read the terms of this Agreement and agrees to be bound by them. Further, this Agreement presumes that the Subscriber has reviewed this Agreement at any of the links provided in the website of Kapture- https://www.kapturecrm.com/

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