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This agreement is made between Lucid IT Solutions Private Limited(here in after called “Lucid”) and the customer (customer) named overleaf and is effective from the date of acceptance by Lucid IT Solutions Private Limited.

The following are the terms and conditions for use of the Lucid’s service ("Lucid Messaging Service" or "the Service") by the User (hereinafter referred to as "the User" or "The Client").

If the user is deemed to have ordered the service, Lucid’s acceptance is expressly conditioned upon assent to all the terms and conditions of this service agreement, to the exclusion of all other terms; if these terms are considered an offer by Lucid, acceptance is expressly limited to these terms. The user agrees that all terms and conditions herewith mentioned shall be binding and that should there be a contradiction between product-specific terms and conditions, and general terms and conditions, the product-specific terms and conditions shall apply.

THE SERVICE

The Service consists of a browser interface, message application, SMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service. Lucid Software makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Lucid Software reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without notice and with immediate effect. Messages shall be considered ‘delivered’ when Lucid Software has delivered/sent the messages to the immediate destination that its software is programmed to do. Lucid Software does not guarantee delivery on behalf of Mobile telephone networks of mail servers. Lucid Software lays no claims to its network coverage. Although, we are committed to provide extensive coverage, mobile networks may choose from time to time to not be part of Lucid Software or its service providers' networks. This may result in messages not being delivered.

USE OF PROPRIETARY SOFTWARE

Subject to the terms and conditions of this Service Agreement and Indian Law, Lucid Software grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the Lucid Software Service Agreement. The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Lucid Software products and/or services. As between the parties, the User acknowledges that Lucid Software, and its licensors retain ownership of all propriety applications, software "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. The software is provided and applications are offered, "as is" and subject to the warranty disclaimers and limitations of liability found in this service agreement and subject to testing by the client or user prior to entering into this agreement.

PAYMENTS

Payments to be made in the form of Cheque/DD, favoring “Lucid Software Private Limited” payable at Bangalore.

ANTI-SPAM POLICY

Lucid Software follows the Anti-Spam policy. This means it does not condone the delivery of unsolicited messages. Lucid’s acceptance to offer the service only if the “USER” or the “CLIENT” follows the following three steps:

STEP 1 – CONSENT
Your commercial messages should only be sent when you have consent. This may be express consent from the person you wish to contact – a direct indication that it is okay to send the message, or messages of that nature. It is also possible to infer consent based on a business or other relationship with the person, and their conduct.

STEP 2 – IDENTIFY
Your commercial messages should always contain clear and accurate identification of who is responsible for sending the message, and how they can be contacted. It is important for people to know who is contacting them, and how they can get in touch in return. This will generally be the organization that authorizes the sending of the message, rather than the name of the person who actually hits the “send” button.

STEP 3 – UNSUBSCRIBE
Your commercial messages should contain an unsubscribe facility, allowing people to indicate that such messages should not be sent to them in future. All commercial electronic messages must contain a functional unsubscribe facility, allowing people to opt-out from receiving future messages. Such a request must be honored.

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