Terms and Services

About Company

Pinnacle Teleservices Private Limited is an enterprise Messaging communication platform that offers personalized and customized Messaging Services, What’s App, Email, Voice, Pin bot, solutions to empower business communications, with direct connectivity to major telecom operators. Our solutions are designed to make Automatically trigger the sending of SMS directly through your application or software.


Pinnacle provide the flexibility of swift messaging without any number, time, or location constraints. The messages can be sent to any mobile number along with the delivery status tracking of each message. It integrates HTTP’s, XML API, SMPP with other software for delivering messages to the respective recipient’s mobile phones.

 

The Pinnacle Teleservices Platform includes a sandbox environment and developer portal designed to allow client to access, upload, download, edit, create, store, and interpret files and data in connection with building, hosting, and deploying your Bot (s). Files contained in each Bot may include files written in Artificial Intelligence Markup Language (“AIML Files”), and SETS, MAPS, SUBSTITUTIONS, and SYSTEM files (collectively, “Other Files”). Data may include analytics and bot logs, which may include “Inputs” to, and “Outputs” from, your Bot (s) (“BOT logs”).


These Terms of Service (these “Terms”) include the legal terms that, we require all developers and other users/client to accept and implement as a condition of accessing our web services located at www.pinnacle.in  and other websites owned and/or operated by Pinnacle (the “Website(s)”), and/or accessing or using the application programming interfaces provided on or in connection with the Pinnacle Platform (“API(s)”), including any documentation, materials, code, data (such as logs as defined below), files (such as AIML and Other Files as defined below) and other information or materials made available to clients by Pinnacle on or in connection with the APIs (collectively, “Pinnacle Content”) to develop Bot s for use in your products or devices (“Devices”) and/or your software applications Application(s)

  1. DEFINATION

    The following terms and expressions shall have the meanings assigned to them herein, unless repugnant or contrary to the context hereof or unless defined in the text of this Agreement with the meaning given herein below:

    1. Charges- means all fees that Pinnacle invoices to the Client in consideration for the Services. Charges may be invoiced as one-time fees or recurring fees, respectively as flat fees or (usage-based) variable fees.
    2. Applicable Laws” means any law, statute, Act, rules, regulations, guidelines, policy/ies and or framed time to time or other pronouncement having the effect of law of any Government Authority/ies, as interpreted and administered including any modifications or amendments thereto.
    3. Contents means the contents sent by the Client through Pinnacle platforms and Services such as, without limitation, the contents of a SMS or of a WhatsApp message.
    4. Client means the legal person client of Pinnacle entering into the Contract or agreement, as identified on the on-line registration form upon signing up and creating an account, excluding individuals qualifiable as consumers e. any natural person acting outside the scope of an economic activity and for purposes different from trade, business, craft or profession.
    5. Subcontractors” means contractors, vendors, agents and/or consultants selected and retained by the Customer under a contract (other than under an employment contract) under which such contractor, vendor, agent and/or consultant agrees to provide all or any part of the Services.
    6. Party, Parties means in the singular the Client or Pinnacle and in the plural the Client and Pinnacle.
    7. End User” means any third party being a recipient of Content from Client.
    8. Intellectual Property Rights” – means patents, trademarks, service marks, trade names, design rights, copyright, database rights, semi-conductor topography rights, know-how and other intellectual property rights (of whatever nature and wherever arising) whether registered or unregistered including applications for the grant of any such rights.
    9. Code of Practice” means (1) all applicable codes of practice (including any generally recognized voluntary codes of practice regulating the operation of the internet), all applicable laws, regulations, any government recommendations and/or any recommendations of any regulatory body in the Territory; and (2) any rules of procedure (including technical or quality control procedures), guidelines, directions, policies and/or other requirements made or adopted by legal bodies in the Territory from time to time.
  2. SERVICES RENDERED BY PINNACLE

    1. Pinnacle shall render the Services with due care and diligence.
    2.  Pinnacle warrants to maintain at all times during the term of the Agreement adequate technical infrastructure to perform its obligations under the Agreement.
    3. Pinnacle render Enterprise communication and messaging services.
  3. THE CLIENT OBLIGATIONS

    In consideration of the user’s use of Pinnacle Teleservices, the users agree to be solely responsible for:

    1. Providing true, accurate, current and complete information about Self and other down line user under its group.
    2. Maintaining and promptly updating the Data to keep it true, accurate, current and complete.The Client shall free of charge:
      1. Client shall provide to Pinnacle in a timely manner all information, documents, data, etc. necessary for the provision of the Services and obtain all necessary approvals, authorizations and third-party consents needed for Pinnacle to deliver the Services;
      2. implement safeguards in accordance with best industry practices to ensure that no viruses or other malicious code are transmitted from the Client’s infrastructure to Pinnacle environment.
      3. Additional cooperation obligations of the Client may be set forth in specific Service Agreements.
      4. The Client shall be solely liable for the safekeeping and backing up of its data (including installed software), unless otherwise set forth in the Agreement and for the security of the user’s password and should under no circumstances make it available to any third person.
      5.  The Client is responsible for the access of the SMS-Systems by any third person. This especially refers to all costs and charges for all, without limitation, messages that Pinnacle sends out are under the user’s account.
      6.  The Client agree that they are responsible for the Content of messages that the client submit, and the users, not Pinnacle, have responsibility for the Content, including its legality, reliability, appropriateness, originality and copyright.
      7.  The Client agrees to not use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law. A recipient that does not wish to receive SMS messages services including advertisements or promotions and states this clearly to Pinnacle or the users, has to be removed from the system list for the time being the user may not send to same client but in future the user may take these clients on its list with same name and number.
      8.  If The Clients use the Services for customized advertisement or promotion, the user’s message has to contain a hotline or a help line or a feedback Phone Number.
      9. The Client should not use the Company’s system (Pinnacle) for any unlawful or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages affecting / infringing upon national or social interest nor create or cause any damage to any group or person (s).
  4. TECHNICAL SUPPORT TERMS

    1. The Client/User can be provided with an admin control through the website at their end to monitor the accounts and usages of self and down line users. This service may attract any cost thereof. The User can create its down line user accounts and allot them credits from their own credit limits.
    2. Pinnacle provides technical support to only that usage or platform which is built by the Pinnacle.
    3. Pinnacle will provide technical support , with regard to the Services, 24 hours a day, 7 days a week to the Client.
  5. NOTICES AND MODIFICATION OF AGREEMENT/SERVICES

    Pinnacle Teleservices Pvt. Ltd. may send notices to the users/client via e-mail or regular mail. The Services may also provide notices of changes to the Terms of this Agreement or other matters Pinnacle Teleservices Pvt. Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any party thereof) with 30 days prior notice. Changes in pricing such as the monthly minimum turnover /slabs or the price for short messages (SMS) will be made available to the users with prior notice of 7 days. If the Client don’t send a written acceptance for the Agreement within 30 days to Pinnacle Teleservices Pvt. Ltd. keeping to the period of notice as defined in this Agreement, it shall be considered that the users agree to any changes in pricing or changes of the terms, whichever is applicable

  6. DURATION AND TERMINATION OF AGREEMENT

    1. Termination for cause
      Either Party may terminate this Agreement immediately by giving 30 days written notice to the other (defaulting) Party in advance: –
      1. the other Party commits a material, persistent or repeated breach of any of its obligations under this Agreement and (in the case of a breach capable of being remedied) does not remedy such breach within a reasonable term not exceeding 15 (fifteen) business days of receiving from the other Party written notice of the breach and a request to remedy the breach;
      2. (i) by any of the Parties with immediate effect, if the other Party becomes bankrupt or insolvent or if a liquidator is appointed over the assets of the other Party or a Party ceases to do business.(ii) any distress or execution is levied on any of the other’s property or assets; (iii) the other makes or offers to make any arrangement or composition with creditors; (iv) any resolution or petition to wind up the other’s business (other than for the purpose of amalgamation or reconstruction) is passed or presented or if a receiver or administrative receiver of the other’s undertaking, property or assets is appointed or a petition presented for the appointment of an administrator.
      3. Pinnacle has the right to immediately terminate these Terms or discontinue your use of the Website(s), Pinnacle Platform, the APIs and other Pinnacle Content or any portion or feature thereof for any reason and at any time without liability or other obligation to you.
      4. Notwithstanding anything contained herein, Pinnacle shall be entitled to suspend/disconnect/terminate the Services without notice if:
        1. The Government or the Authority suspends, terminates or takes over the License or the Services temporarily or otherwise and or receives any direction, notification or instruction from any Government Authority to suspend or terminate the provision of Services to Customer (through no fault or negligence of Pinnacle).
        2. At any time, the Client fails to satisfy the requisite credit checks or provides incorrect or misleading information to Pinnacle (whether or not with a fraudulent intent). The Client fails to pay Charges due towards the services availed under this agreement.
        3. Any breach of terms and conditions of this agreement or violation of other provision of Law by the Customer which may cause loss to Pinnacle.
        4. if Client violates any law rule, regulation or policy of any Government Authority related services or Customer has engaged in conduct that has caused or may cause damage to the Facilities, Network or third parties;
        5. Termination of Services pursuant to any provisions set forth herein shall be without prejudice to, and in addition to any right or remedy available to Pinnacle under any applicable law or statute.
        6. Pinnacle may, at its sole option, terminate all or any portion of the Agreement, for convenience upon thirty (30) days prior written notice at any time.
      5. The following are the consequences of termination:
      6. Client with immediate effect handed over the space/location to Pinnacle and Client shall remove all fixtures related and restore the space in its original position which was at the time of providing the same and vacate the space with in time as agreed mutually at that said point of time .Upon any termination or expiration of these Terms or discontinuation of your access to any Pinnacle Content, client must immediately cease all use of the Pinnacle Platform, any Pinnacle Content (including the APIs), and pinnacle Marks and delete all copies thereof
      7. It is hereby agreed by the Parties that termination of this Agreement or whole or part, any payment obligation of Client hereunder, and any outstanding payment shall be made by Client in accordance with the payment schedule.
      8. In the event of termination of Services for any reason whatsoever, Pinnacle shall be entitled to recover from the Customer, all outstanding Charges and dues as well as the Equipment and other accessories provided by Pinnacle.
      9. If the Client terminates the Agreement during its term or during its extended term for cause as, the recurring Charges for the remaining (extended) term, any other Charges that have been agreed up to the end of the (extended) term as well as any cost, fee and/or penalties due by pinnacle to sub-Agreement third party due to the consequential termination of its Agreement with the third party shall not be due by Client.
  7. DISCLAIMER OF WARRANTIES

    1. The users use of the Services is at the user’s sole risk. The Services and information as defined under Pinnacle Teleservices Pvt. Ltd. are provided on an “as is” and “as available” basis. Pinnacle Teleservices Pvt. Ltd. makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the Content transmitted via the Services.
    2. Under no circumstances can Pinnacle Teleservices Pvt. Ltd. under Pinnacle Teleservices Pvt. Ltd., guarantee the delivery of messages. Pinnacle Teleservices Pvt. Ltd. is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary Damages caused by, but not limited to, delayed or failed delivery of short messages (SMS).
    3. Pinnacle Teleservices Pvt. Ltd. makes no warranty that:
      • The Services will meet the user’s requirements
      • The Services will be uninterrupted, timely, secure, or error-free
      • The results that may be obtained from the use of the Services will be accurate or reliable.
    4. Any material obtained through the use of the Services is done at the user’s own discretion and risk and the users are solely responsible for any damage to the user’s computer system or loss of Data that results from the download of such material.’
    5. No advice or information, whether oral or written, obtained by the users from Pinnacle Teleservices Pvt. Ltd. will create any warranty not expressly stated in the terms of this Agreement.
    6. Pinnacle represents and warrants that the services under this Agreement shall not infringe any third-party intellectual property rights. Pinnacle hereby represents and warrants that the content of the services under this Agreement shall not be defamatory, derogatory or hurt the sentiments of any religion.
  8. INTELLECTUAL PROPERTY (IP)

    1. Pinnacle acknowledges and agrees that all rights, title and interest in and to the Intellectual Property the entire content available on the website www.pinnacle.in to all services arising from or deployed during the fulfilment of the Agreement (such as copyright, patents, design or trademark rights), particularly the rights to individual software created or used by Pinnacle , including source codes, program descriptions and parameterizations, and all related documentation, papers or data media, shall be and remain the exclusive property of pinnacle or its licensors, and the Client shall be granted a non-exclusive right to use such Services for the term of the Agreement to the extent necessary for the intended use of the Services. The Client must not transfer the rights of use to third parties.
    2. The Client undertakes:
      1. while this Agreement is in force or at any time thereafter, not to challenge the rights of Pinnacle in the Intellectual Property or put in issue, whether directly or indirectly, the validity of the Intellectual Property rights which are owned by Pinnacle and/or Pinnacle ownership thereof;
      2. while this Agreement is in force or at any time thereafter, not to endeavor to establish any property rights whatsoever in any of the Intellectual Property; and
      3. other than for the purposes of this Agreement, or as specifically permitted in terms of this Agreement not to directly or indirectly use, adopt or reproduce the Intellectual Property without the prior written consent of Pinnacle.
      4.   Client shall take all necessary and reasonable precautions to preserve the integrity of Pinnacle data and to prevent any corruption or loss of such data. Further, this clause shall survive the termination of this Agreement.
  9. LIABILITY

    1. Notwithstanding any other term contained herein, in no event shall either Party be liable for any indirect, incidental, consequential, punitive, exemplary, reliance, cover or like damages howsoever arising even if advised about the possibility of the same. In case of either party not agreeing to any liability the parties shall be at liberty to approach the Court.
    2. Notwithstanding anything mentioned under this Agreement, the total liability of Pinnacle under this Agreement shall be limited to 1 year of the Fees preceding the claim, as agreed herein.
    3. To the fullest extent permitted by law, the liability of Pinnacle for indirect damage and financial loss, consequential damages, loss of data, lost profits, loss of earnings, savings not realized, additional expenses, third party claims, etc. shall be excluded.
    4. The above limitation of liability shall not apply in cases where mandatory law provides for unlimited liability without possibility of a waiver, such as for damages caused by unlawful intent or gross negligence, or for death or personal injury.
    5. Neither Party shall be liable for damage caused by force majeure, such as defined further; or failures of the internet, telecommunications networks or other data transmission   infrastructure operated by third parties (by way of example but not limited to telecommunication operators, instant messaging platforms) and outside of Pinnacle control; or errors in data transmission outside  Pinnacle sphere of influence; or the contents of third party generated data transmitted through the Service.
  10. PUBLICITY

    It is agreed between the Parties that the Pinnacle reserves the right to use certain details of the Client, including but not limited to the logo or name of the Client and any performance metrics obtained under these Terms of Use for its own marketing and advertising purposes. The Client hereby expressly consents to the usage of such details by the Pinnacle and provide the Company a perpetual, irrevocable, worldwide, royalty free license for the provision of such usage. You will not make any statement regarding your use of an API that suggests partnership with, sponsorship by or endorsement by Pinnacle without Pinnacle prior written approval.

  11. FORCE MAJEURE

    1. Neither Party is under any liability for any failure to perform any of its obligations under this Agreement due to any cause not within its control including, but not being limited to, power failure or malware (e.g. viruses, denial-of-service attacks and similar), governmental action, without limitation, lock-outs, strikes, Flood, natural catastrophes, other industrial disputes, riots or civil commotion, wars (whether declared or not), expropriation of confiscation for public needs, embargo, discontinuation of public or private transportation or supply of energy, general local or national collapse of networks, fire, sabotage or some other unusual event which causes equally drastic effects beyond the affected Party’s control. The Party prevented from fulfilling its obligations shall, on becoming aware of such event, inform the other Party in writing of such force majeure event as soon as possible.
    2.  The Party affected by force majeure shall promptly notify the other of the estimated extent and duration of its inability to perform its obligations and shall use reasonable endeavours to both mitigate such inability to perform its obligations and to resume performance of its obligations as soon as reasonably possible without hereby being obliged to incur any unreasonable cost or expenditure.
    3. If the extent of the duration of the force majeure event lasts for a period higher than 2 months the Party not affected by the force majeure event may withdraw from the Agreement, by giving written notice to the other Party.
    4.  Upon the cessation of the delay or failure resulting from force majeure, the Party affected by force majeure shall promptly notify the other of such cessation.
  12. INDEMNITY

    1. The Client shall at his/its own expense, indemnify, defend and hold harmless the Pinnacle  and/or its officers, directors, employees, representatives and agents, against any third party claim, demand, suit, action or other proceeding brought against the Pinnacle or its directors, officers and/or employees and all damages, awards, settlements, liabilities, losses, costs and expenses related thereto (including attorneys’ fees) to the extent that such claim, suit, action or other proceedings are, directly or indirectly, based on or arises  on account of any breach of any of the terms and conditions of this Agreement or failure in the performance or observance of its role, functions, responsibilities and Services as specified herein in terms of this  Agreement by the Client its personnel.
    2.  any breach of warranties (express or implied) or other breach of Agreement by Client or a third party for which the Client assumes responsibility according to the terms of the Agreement.
    3. Notwithstanding any other term contained herein, in no event shall either Party be liable for any indirect, incidental, consequential, punitive, exemplary, reliance, cover or like damages howsoever arising even if advised about the possibility of the same.
    4.  Pinnacle shall not enter into any settlement without Client’s prior written consent.
  13. CONFIDENTIALITY

    The Client agrees that it shall:

    1. keep confidential, all Confidential Information and other materials passing from Pinnacle to client and shall not, without the prior written consent of Pinnacle, divulge such information to any other person or use such information other than for the purposes of carrying out Services under this Agreement.
    2. take all steps as may be reasonably necessary to protect the integrity of the Confidential Information and to ensure against any unauthorized disclosure thereof;
    3. promptly inform Pinnacle of any potential or accidental disclosure of the Confidential Information and take all steps together with Pinnacle   to retrieve and protect said Confidential Information;
    4. ensure that the personnel and all its employees and/or representatives who are given access to the Confidential Information shall at all times be bound by legally valid and written non-disclosure obligations under their employment Agreements;
    5. use the Confidential Information only for the purpose for which it was provided and not profit from the same in an unauthorized manner to the exclusion of Pinnacle and
    6. The duty of secrecy does not apply to information that is in the public domain or comes into the public domain without any breach of a duty of secrecy or that is known to the recipient of the information without there being any duty of secrecy, that the recipient of the information obtains independently, without access to the information, or from third parties, without infringing upon any duty of secrecy, or that is made accessible to another third party by the provider of the information without there being any duty of secrecy.
    7. This Confidentiality clause shall survive the termination of this Agreement.  Further, the Client understand that the breach of this Clause may result in irreparable damage to Pinnacle.  Therefore, Pinnacle hereby reserves the right to obtain injunctive relief besides other available legal remedies, in the event of breach of the provisions of the confidentiality provisions. The right to seek injunction under this Clause, shall be in addition to the right of termination available to Pinnacle, mentioned in the Agreement.
    8.  The Client shall not retain or maintain any data base basing on the details of Pinnacle confidentiality data, which are accessible to the client under this Agreement. All the details, names, and other details of Pinnacle is the proprietary and confidential information of Pinnacle and Pinnacle is the sole owner of the same. Further, upon termination of the Agreement or completion of Services availed, whichever is earlier, the Client shall ensure that the Confidential Information/data shared under this Agreement shall be purged from their respective systems/ server/ storage devices. The Client shall certify compliance of the aforementioned within ten (10) days.
    9. The Client shall ensure to have appropriate security, back-up and disaster recovery plan and machinery in place and shall comply with the requirements of Pinnacle communicated in this regard.
      1. In the event of non-compliance or breach of any terms of the Agreement by the Client, Pinnacle will be at liberty to revoke the Agreement by a month’s notice in writing.
      2. Pinnacle reserves the right to disclose confidential information to third parties engaged in the provision of the Services as well as to its affiliated companies on a need-to-know basis, provided that they have also undertaken to observe a duty of secrecy according to this Framework Agreement.
  14. RELATIONSHIP BETWEEN THE PARTIES

    This Agreement is made on a principal-to-Principal basis and does not in any manner create any employee – employer relationship between the Parties. Nothing contained herein in this Agreement shall in no manner whatsoever be interpreted or construed as formation of any partnership, agency, joint venture or any relationship between the Parties or a merger of their assets or their fiscal or other liabilities or undertakings or create any employment or relationship of principal and agent between Pinnacle and the client and/ or its Representatives, employees and agents.

  15. TERM AND TERMINATION OF THE AGREEMENT

    1. Effective date of the Agreement
      The Agreement takes effect as of Client’s electronic acceptance of the Terms and Conditions and will continue until terminated in accordance with the terms of the Agreement.In any case, the Agreement will commence once the Client starts using the Service.
    2. Ordinary termination
      1. This Agreement is concluded for a term of one year and is renewable unless terminated in period upon expiry of its initial term or then-current renewal Term.
      2. The termination of the Framework Agreement also leads to the termination of all relating Service Agreements.
      3. The termination of a Service Agreement does not affect the Framework Agreement nor any other Service Agreement.
      4. Without prejudice to the provisions of law and to those set forth in clause 4, either Party may terminate a Service Agreement or the Framework Agreement (and consequently all the relating Service Agreements as provided in clause 15.2.2), for convenience (i) by giving 1 (one) months’ notice to the end of a calendar month and (ii) by paying to the other Party the foreseen, if any, early termination fee(s).
  16. NOTICES

    Unless otherwise provided herein, all notices or other communications to be given shall be made in writing and by letter or facsimile transmission (save as otherwise stated) and shall be deemed to be duly given or made, in the case of personal delivery, when delivered; in the case of facsimile transmission, provided that the sender has received a receipt indicating proper transmission, when dispatched, or, in the case of a letter, ten (10) business days after being deposited in the post (by the quickest mail available), postage prepaid, to such party at its address or facsimile number specified herein or at such other address or facsimile number as such party may hereafter specify for such purposes to the other by notice in writing.
    Any issue or notice related to the Agreement shall, if addressed to Pinnacle, be sent to:
    7 Pinnacle House, Nawab Layout, Tilak Nagar Near Law College Square,  Nagpur- 440010 (M.S) India
    Certified Electronic Mail (PEC): support@pinnacle.in

  17. ASSIGNMENT

    Pinnacle may assign these Terms of Use and/or part thereof at its discretion, at any time, to any of its Affiliates, group companies, holding company, subsidiary companies, third parties without any notice to the Client. However, the Client shall not assign these Terms of Use or any part thereof to any party without taking prior written consent of the Pinnacle.

  18. REFERENCE

    Client hereby grants Pinnacle a limited, non-exclusive, non-transferable, royalty-free, non-revocable, perpetual, non-sublicensable license to display Client’s trade names, trademarks, service marks, logos, domain names for marketing and promotion purposes, including (i) disclosing to third parties that the Client is Pinnacle client; (ii) disclosing to third parties the scope of Services provided to the Client by Pinnacle and/or (iii) listing the Client as a client of Pinnacle on Pinnacle promotion material including Pinnacle homepage.

  19. ARBITRATION

    1. Any dispute, controversy, proceedings or claim arising out of or relating to this Agreement or to the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of The Arbitration and Conciliation Act 1996 as amended from time to time. The arbitral proceedings shall be administered by a sole arbitrator whom shall be appointed by both the parties in accordance with the rules and provisions of The Arbitration and Conciliation Act, 1996.The place of the arbitration shall be Nagpur, Maharashtra, India and the language to be used in the arbitral proceedings shall be English.
    2.  If either of the parties fails to appoint the respective arbitrator upon the notice/ request of the other party then the same will be done as per the relevant provisions of The Arbitration and Conciliation Act, 1996 entirely at the risk and cost of the party failing to make such appointment. The Law applicable to any or all the proceedings arising out of any of the provisions or clause of this agreement shall be The Arbitration and Conciliation Act, 1996 as amended from time to time.Party may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve either party of commitment to engage in the informal dispute resolution process.
    3. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Pinnacle from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
  20. SURVIVAL AND SEVERABILITY

    The rights and obligations arising out of these Terms of Use, which by their nature should survive or are expressly so stated herein, shall remain in full force and effect to the extent so specified, notwithstanding any expiry or termination of these Terms of Use. If any provision of these Terms of Use (or any portion thereof) is determined to be invalid or unenforceable the remaining provisions of these Terms of Use shall not be affected by such determination, shall be binding upon the parties and shall be enforceable.

  21. NON-HIRE AND NON-SOLICITATION

    Neither party shall solicit any of the other party’s employees or its clients, either as employees or as Agreement personnel through another third party without the written approval of the other party, for the duration of this agreement and for an additional period of one year thereafter. Provided however, that the foregoing provision will not prevent a Party from employing any such person who contacts the other Party on his or her own initiative without any encouragement from a Party, or in response to any general solicitation concerning available positions, so long as any such solicitation is not targeted specifically at employees of the other Party. In the event of any contravention, a penalty of 1 (one) annual salary of the person concerned shall be applicable. Payment of such penalty shall not release the Client from its non-solicitation obligation.

  22. DATA PROTECTION AND PRIVACY

    1. Unless explicitly stated otherwise in these Terms of Use, the Client shall be responsible to ensure that relevant consents under Applicable Data Protection Laws have been obtained from the users and/or individuals/ data subjects. The Client hereby agrees and acknowledges that the Pinnacle shall have no liability towards any users arising as a result of the collection and processing of any Personal Data by the Client.
    2.   The Client shall be responsible to maintain records of all consents collected as per the Applicable Data Protection Laws. The Client shall be liable to pay for any damages that the Company/Pinnacle incurs due to inaccurate and/ or insufficient consents received from any users.
    3. Pinnacle will not use Personal Data collected on behalf of the Client, received from the Client or its authorized personnel or otherwise processed on behalf of the Client for any purpose other than as necessary for the utilization of the Solution under these Terms of Use.
    4. The Parties shall be compliant with the provisions of Applicable Data Privacy Laws and shall undertake reasonable security practices as may be prescribed under such Applicable Data Protection Law.
  23. UPDATES

    We reserve the right to modify or update the Website(s), Pinnacle Content and/or Pinnacle Platform at any time, for any reason, and without notice to you. If Pinnacle makes updates, revisions, breaking changes or in any way modifies an API or other Pinnacle Content, you agree that you are solely responsible for making changes to your Device or Application to ensure continued service for your End Users. We are constantly changing and improving our APIs and other Pinnacle Content. We may add or remove functionalities or features at our discretion, for any reason, and we do not guarantee that your Device or Application will function with any future or modified versions of any Pinnacle Content or the Pinnacle Platform.

  24. WAIVER

    Neither Party shall, by mere lapse of time, without giving notice thereof, be deemed to have waived any right or remedy arising hereunder or in connection with any breach or illegality involving the other Party. The waiver by either Party of any such right or remedy shall not be construed as a waiver of any other right or remedy or as a continuing waiver with respect to any similar, ongoing, or repeated circumstances.

  25. CONTACT DETAILS

    All communications or notices permitted or required to be given or served to the Pinnacle under these Terms of Use shall be in writing, shall be addressed to the Pinnacle as per the details set out below. These details may be updated from time to time by the Pinnacle and shall also be made available on the Solution.

    Contact Support
    7, Pinnacle House,
    Nawab Layout, Tilak Nagar,
    Near Law College Square,
    Nagpur – 440010
    INDIA  

    Telephone: +91 83088 00004, +91 83088 00005
    Email ID: support@pinnacle.in