Terms of Service

Cal ID ("We") provides its Service (as defined below) to you through its web site located at cal.id (the "Site"), application programming interface (the "API"), or any mobile application (the "MobileApp", together with the Site and the API, the "Application") that Cal ID may offer from time to time, subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.

The "Service" means (a) the Application, (b) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content") and all modifications thereto.

Cal ID reserves the right to alter the Service at any time. Certain features of the Service may not be available in all countries. We reserve right to limit or make available the Service or parts of the Service depending on location.

Cal ID occasionally develops and offers limited beta releases for new features. To participate in a beta release, you must explicitly agree to the additional terms and conditions for such beta release that are presented to you.

The Service is provided on an "as-is" basis. That means the Service may include bugs that impact your ability to use the Service and/or may impact your business. Cal ID is not liable for your use of the Service.

Cal ID is based on the calcom code, which is licensed as GNU Affero General Public License (v3). The copyright is owned by Cal.com, Inc © 2020-present. The link to the source code is https://github.com/calcom/cal.com.

Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes and in compliance with all applicable local, state, and national laws. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Cal ID.

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Service ("Your Content"). We have the right, but not the obligation, to remove any of Your Content that we determine in our sole discretion to be offensive content.

You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. OneHash reserves the right to access your account for purposes that OneHash deems appropriate, for example to respond to your requests for technical support or account management.

OneHash reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on OneHash's website and in other communication with existing or potential OneHash customers. To decline OneHash this right you need to email support@onehash.ai.

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide OneHash information regarding your credit card or other payment instrument. You represent and warrant to OneHash that any payment information you provide is true and that you are authorized to use the payment instrument for this Service.

You will promptly update your account information with any changes that may occur. You agree to pay OneHash the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. If OneHash does change the pricing plans, OneHash will provide notice of the change on the Application or in email to you at least 30 days before the change is to take effect. All fees are non-refundable and exclusive of applicable taxes.

You represent and warrant to OneHash that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your activities in connection with the Service without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right; (iv) you will comply with all applicable local, state, national and international laws; and (v) you are eighteen (18) years of age or older.

You have the right to terminate your account at any time in accordance with the procedures set forth on the Site. OneHash reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if OneHash believes that you have violated this TOS. OneHash will use good faith efforts to contact you to warn you prior to suspension or termination of your account by OneHash.

The service, including the site, content, and all server and network components are provided on an "as is" and "as available" basis without any warranties of any kind, and OneHash expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that OneHash does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free.

Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall OneHash be liable to you or any third party for (a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data, data breach, or business interruption, or (b) for any direct damages, costs, losses or liabilities in excess of the fees actually paid by you in the six (6) months preceding the event giving rise to your claim or, if no fees apply, one hundred ($100) US Dollars.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, OneHash's Liability will be limited to the greatest extent permitted by law.

You shall defend, indemnify, and hold harmless OneHash from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. OneHash shall provide notice to you of any such claim, suit or demand. OneHash reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section.

OneHash may change this TOS from time to time with at least 30 days' prior notice. You can review the most current version of this TOS at any time at Terms Page. If you use the Service within 30 days after the notice had been posted, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

You may not assign this TOS without the prior written consent of OneHash, but OneHash may assign or transfer this TOS, in whole or in part, without restriction.

This TOS shall be governed by and construed in accordance with the laws in force in India without regard to the principles of conflict of laws. Unless otherwise elected by OneHash in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the courts in Indore alone for the purpose of resolving any dispute relating to your access to or use of the Service.

The parties agree that any dispute with respect to any matter covered under this TOS, including any question regarding its existence, validity, termination, or disputed claim for indemnification, will be submitted to mandatory, final and binding arbitration in India, in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force.

The arbitral tribunal shall consist of a sole arbitrator appointed mutually by you and OneHash. The language of the arbitration shall be English, and the venue and seat of the arbitration shall be Indore. Each party shall bear its own attorney's fees and expenses, and fees of the arbitrator shall be borne equally by the parties to the dispute.

Please visit privacy page to understand how OneHash collects and uses personal information. Information on how OneHash complies with the Data Protection Laws specifically EU Data Protection Laws including the Irish Data Protection Acts as amended and the General Data Protection Regulation (Regulation (EU) 2016/679) can be found by visiting GDPR.

Definition

By virtue of your use of the Service, the parties may have access to each other's Confidential Information. "Confidential Information," as used in this TOS, means any written, machine-reproducible and/or visual materials, whether labeled as proprietary, confidential, or with words of similar meaning or not, and all information that is orally or visually disclosed, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

Exclusions

Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the receiving party; (b) was in the receiving party's lawful possession prior to the disclosure; (c) is rightfully disclosed to the receiving party by a third party without restriction on disclosure; or (d) is independently developed by the receiving party.

Use and Nondisclosure

Clauses pertaining to confidentiality and non-disclosure remain in effect even after expiration or termination of your use of the Service. You shall not make OneHash's Confidential Information available to any third party or use other's Confidential Information for any purposes other than exercising your rights and performing your obligations under this TOS.

The Service is conducted electronically and you agree that OneHash may communicate electronically with you for any matters relating to the Service, including but not limited to information and notifications regarding product updates, payments, and ways to more efficiently use the Service, and legal notices of any kind, including cancellation and termination, unless prohibited by law. Any notices to be provided to you under this TOS shall be sent by electronic mail to the last email address that we have on file for you.