saleswin Terms of Service

1. Description of Services and Acceptance of Terms

1.1 This Agreement (these "Terms of Service") is a legal contract between you, as an individual user or a legal entity representing users ("Customer," "you," or "your"), and the relevant saleswin contracting entity ("saleswin," "we," or "us") specified in the Contracting Entity Section. This Agreement governs your access and use of the saleswin website, services, and products.

1.2 saleswin provides users with a secure and accessible virtual environment in the cloud ("Services") to facilitate communication, collaboration, and creation. saleswin may offer certain downloadable or web-based products ("Products") for Service Plan users to use alongside the Services. These Products are subject to a separate end-user license agreement. Any unauthorized copying or distribution of the Products is strictly prohibited and may result in legal action.

1.3 By accessing and using any of the saleswin websites (including but not limited to https://www.saleswin.ai), utilizing the Services, or downloading or purchasing Products, you agree to be bound by and accept these Terms of Service, including all terms and conditions referenced herein or presented on any saleswin website.

1.4 saleswin may update these Terms of Service occasionally. For significant changes, we will notify you beforehand through a prominent notice within the Service or via email, as outlined in Section 34. The updated terms will become effective on the date specified at the top of this page unless stated otherwise in the notification.

Please review these terms periodically for any changes. It is your responsibility to maintain accurate contact information. If you disagree with any changes, you must stop using saleswin services and products and discontinue accessing the Website. Continued use of the Website, Services, or Products after any changes indicates your acceptance of the modified terms.

1.5 saleswin retains the right to modify, terminate, or limit access to the Website, Services, and Products at any time and without prior notice, at its sole discretion.

2. Service Provision and User Responsibilities

2.1 You agree to use the Website, Services, and Products exclusively for your internal business purposes, adhering to these Terms of Service, all relevant laws, regulations, and accepted practices in the applicable jurisdictions. saleswin is not responsible for any violations committed by you or a third party acting on your behalf. It is your responsibility to ensure your use of the Website, Services, and Products complies with all applicable laws, including export and import restrictions.

2.2 Your use of the Website, Services, and Products is limited to the geographical areas ("Territories") where saleswin operates, as outlined in the Contracting Entity Section. saleswin reserves the right to deny or terminate your access if we determine you are using these outside the designated Territories. This determination may be based on your billing address, IP address, or domain name.

By accessing or using the Website, Services, and Products, you confirm your residency in one of the specified Territories. saleswin does not offer Services or Products to entities residing outside these Territories.

saleswin may verify your residency and request additional documentation or information to confirm your eligibility. Failure to provide satisfactory proof may result in the termination of your saleswin Customer Account and denial of access to the Website, Services, and Products.

2.3 You are prohibited from using any features of the Services that are illegal in the country where you reside or from which you access or use the Services.

3. User Account, Administrator, and saleswin Customer Account

3.1 User Account Creation and Maintenance: To utilize the Website, Services, and Products, each user must create a unique User Account. You warrant that all information provided during account creation is accurate, current, and complete, and you agree to maintain its accuracy. saleswin reserves the right to suspend or terminate any User Account reasonably suspected of containing false or misleading information. Your User Account will be established upon acceptance of these Terms of Service and saleswin's approval of your registration.

Each Administrator is authorized to exercise their full powers independently and autonomously, in the name and on behalf of the Customer. The Administrator can be changed anytime via the saleswin Customer Account control panel

3.3 saleswin Customer Account: The Service, along with any additional features, all User Accounts (including Administrator User Accounts), uploaded User Content and Personal Information, and other relevant data associated with a specific domain name, collectively constitute the "saleswin Customer Account."

3.4 Number of Users: The permitted number of users within a specific saleswin Customer Account is determined by the chosen Service Plan.

3.5 Collective Reference: In these Terms of Service, the terms "Administrator User Account" and "User Account" are collectively referred to as "User Account" unless explicitly stated otherwise. Your User Account will be activated upon your acceptance of these Terms of Service.

3.6 Password and Access: You are responsible for selecting a personal, non-transferable password. saleswin may periodically provide additional codes or passwords required for accessing certain features. You may also access the Website, Services, and Products using authorized third-party social network accounts (e.g., Facebook, Twitter).

3.7 Account Usage and Responsibility: User Accounts are non-transferable and intended for individual use only. You are solely liable for all activities conducted under your User Account, whether authorized or not. You are obligated to maintain the confidentiality of your User Account and refrain from using another person's account without their explicit consent. saleswin is not liable for damages resulting from unauthorized access or misuse of your User Account and User Content. However, you may be held liable for losses incurred by saleswin or third parties due to the misuse of your account. Promptly notify saleswin of any unauthorized use of your User Account.

4. Use of Services and User Responsibility

4.1 You agree to access the Website, Services, and Products exclusively through the means provided by saleswin or its authorized partners. You shall not use automated means to access these resources or engage in any activity that disrupts or interferes with their operation.

4.3 You acknowledge that unauthorized access to your User Account may result in actions or changes being made on your behalf, and you shall be held responsible for all such activities.

4.4 You are responsible for ensuring that you, your Administrator(s), and your users comply with all terms and conditions in this Agreement. You bear full responsibility for the access and use of the Website, Services, or Products by yourself and your users. All activities conducted within your saleswin Customer Account by your users are your responsibility, and you must guarantee their adherence to this Agreement and all applicable saleswin policies. You, or your Administrator(s), when your identification is difficult, are liable for the actions and omissions of users granted access to your saleswin Customer Account.

5. User Content

5.1 Ownership and Responsibility: You ("Customer") retain all ownership rights in and to the User Content, which includes any data, information, materials, or documents uploaded to your saleswin Customer Account. You are solely responsible for safeguarding this User Content and acknowledge that saleswin is not liable for any modifications, destruction, corruption, copying, or distribution of your User Content by others you have granted access.

5.2 Security of User Content: You are responsible for protecting the information on your devices by using measures like anti-virus software, updating applications, and password protection. saleswin is not responsible for any damage incurred due to the sharing or use of corrupted User Content from other users.

5.3 Accuracy and Legality of User Content: You warrant that all User Content is and will remain accurate, up-to-date, non-infringing upon third-party rights, and lawful for you to possess, post, transmit, or display in your jurisdiction.

5.4 Personal Information and Data Protection: Refer to the "Data Protection" section for details on how saleswin collects, uses, discloses, and stores personal information. You are responsible for obtaining all necessary consents and permissions related to the User Content and for complying with applicable laws regarding the posting and publishing any Personal Information or images of individuals, entities, or properties. saleswin has no direct relationship with your end-users and will respond to requests to remove end-user Personal Information within thirty (30) days.

6. Customer Сare.

saleswin provides support to the users in accordance with the procedures set forth in the Support Section on the Website.

7. Fees and Payment

7.1 Access to the rights and privileges granted in these Terms of Service is contingent upon your payment of applicable fees to saleswin.

7.2 Payment for Services and Products shall be made at the prices agreed upon between you and saleswin. saleswin offers various Service Plans with different fees and functionalities, as outlined in the Pricing Section on the Website.

7.3 saleswin does not guarantee the indefinite availability of any Service Plan and reserves the right to change fees, alter features, or transition plans to "archived" status ("Archived Plans") without prior notice, to the fullest extent permitted by law.

7.4 saleswin may modify, restructure, or terminate any Service Plan or Archived Plan at its discretion, including discontinuing sales or support that is no longer economically viable. Your saleswin Customer Account may be transferred from an Archived Plan to a Service Plan with comparable functionality, with fees adjusted according to the current price list. Fee changes take effect at the end of your current billing period.

7.5 No Refunds: Payments for Service Plans or use of Services and Products are non-refundable.

7.6 Upon commercial subscription expiry, a 15-day grace period may be offered to purchase a new subscription while your account remains active. saleswin may cancel or shorten this grace period without liability. New subscription terms commence upon the expiry of the previous term.

7.7 To continue using your account under a Free or cheaper Service Plan after subscription expiry, the Administrator must manually identify and delete any User Content incompatible with the new plan using the "Plan compatibility check" tool.

7.8 Transitions between Service Plans are subject to the Transition Rules, found at https://www.saleswin.ai/terms. Downgrading may result in loss of User Content or features, for which saleswin assumes no liability.

7.9 saleswin may change prices for Services and/or Products or introduce fees for previously free offerings at any time, with at least fifteen (15) days' notice. You must cancel your subscription or terminate the Agreement if you disagree. Cancellation ends your subscription at the end of the current term without refunds for prior payments.

7.10 you consent to automatic renewal and payment through your chosen method by purchasing a subscription. You can disable automatic renewal through your account settings. If you disagree with price changes, you must cancel during the current billing period to avoid renewal at the new price.

7.11 Service and Product delivery occurs upon payment. Fees exclude taxes unless stated otherwise. You are responsible for paying applicable taxes, and the billed amount may vary due to promotions, account changes, or tax rate fluctuations.

7.12 Tax Deducted at Source in Australia: For saleswin Australia Customers, tax obligations regarding Income Tax deducted at source depend on the payment method. Bank transfers require a withholding tax certificate if applicable. Other payment methods require you to remit taxes and provide the certificate for a refund.

7.13 Payment for Third Party Materials (as defined in Section 9) is made to the third party, unless stated otherwise. Your use of such materials is subject to these Terms of Service and the third party's terms of service.

8. Term and Termination

8.1 Term: These Terms of Service commence upon your initial use of the Website, Services, or Products and continue indefinitely for as long as you use them, unless terminated by you or saleswin through written notice.

8.2 Termination by saleswin: saleswin reserves the right to change, suspend, or discontinue the Website, Services, or Products, or any part thereof, at any time, with notice and without liability. In such cases, saleswin is not obligated to provide refunds, as stated in Section 7.2.

8.3 Termination by You: To terminate these Terms of Service and delete your saleswin Customer Account, you must provide written notice to saleswin at the address specified in the "Contact Information. Contracting Entity" section. You are solely responsible for terminating your account, and it will be deleted according to Section 21.3.5 of these Terms of Service.

8.5 Cessation of Use: Upon termination, you must immediately cease all use of the Website, Services, and Products, including any use of saleswin's Intellectual Property.

9.Additional Features, External Links, and Third-Party Materials

9.1 Additional Features:

saleswin offers various additional features that can be activated or deactivated by authorized users or the Administrator. These features may be provided by saleswin or third parties, either for an additional fee or free of charge. Using some Additional Functions may require updates to the Website or Services. By utilizing any Additional Function, you agree to comply with the corresponding rules and requirements ("Rules"), as well as all applicable laws and regulations. The Rules for each Additional Function are an integral part of these Terms of Service and can be accessed via the provided links.

9.2 External Links and Third-Party Materials:

9.2.1 saleswin may provide links to external websites and third-party products or services not controlled by saleswin, including Telephony, VMA, and services available through the saleswin Marketplace ("Third-Party Materials"). These links are provided for your convenience, and saleswin does not endorse the content or services offered by Third-Party Materials. You acknowledge that these Terms of Service do not grant you any rights or licenses regarding Third-Party Materials.

9.2.2 Telephony Services (Specific Jurisdictions): In certain jurisdictions, you may purchase telephony services for your saleswin Customer Account. These services are provided by Voximplant, Inc. and are subject to their terms of service. Payment for Telephony is made directly to Voximplant, Inc. If your saleswin Customer Account or telephone number is terminated or suspended, you may lose access to remaining Telephony credits.

9.2.3 Voice and Messaging Application (VMA): The VMA, if available, is provided through WEBRTC and is subject to their software license.

9.2.4 Disclaimer of Responsibility: saleswin is not responsible for any aspect of Third-Party Materials.

9.2.5 Licensed Images: Using the Website, Services, and Products does not grant you ownership of intellectual property rights to any images provided ("Licensed Images"). You may not use Licensed Images without purchasing the appropriate licensing rights from the owner.

9.3 saleswin Marketplace:

9.3.1 Disclaimer: The saleswin Marketplace is a platform for users and Sellers. saleswin is not involved in transactions between users and Sellers and is not responsible for any aspect of those transactions, including the quality, safety, or legality of items purchased. Any claims must be directed to the Seller involved. saleswin does not pre-screen Sellers or their offerings. Sellers may have different payment methods, processing times, and delivery options.

10. Governing Language:

The English language version of these Terms of Service is the controlling version. Any translations provided by saleswin into other languages are for convenience only and do not supersede the English version in any way. Your relationship with saleswin will be governed solely by the English language version of these Terms of Service.

11. Intellectual Property

11.1 Ownership and Restrictions:All copyright, trademark, and other proprietary rights in the Website, Services, and Products belong to saleswin, its affiliates, and licensors (Neztdo Corporation Pty Ltd). These rights are collectively referred to as "saleswin's Intellectual Property." Unless explicitly stated herein or granted in writing by Neztdo corporation Pty Ltd, all rights in the Website, Services, and Products not expressly granted are reserved. You are prohibited from copying, republishing, framing, downloading, transmitting, modifying, renting, leasing, loaning, selling, assigning, distributing, licensing, sublicensing, reverse engineering, or creating derivative works based on saleswin's Intellectual Property.

11.2 Disclaimer of Ownership:saleswin disclaims any ownership interest in intellectual property rights other than saleswin's Intellectual Property. This includes, but is not limited to, Third-Party Materials, Telephony services, Licensed Images, User Content, and Customers' Electronic Documents.

11.3 Content Upload and Technical Processing:You acknowledge and consent to the necessity of saleswin uploading your content to our platform, including cloud services and content delivery networks (CDNs), for the purposes of display adjustments and other required technical actions.

12. Disclaimers and Limitation of Liability

12.1 NO WARRANTIES: THE WEBSITE, SERVICES, PRODUCTS, AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." saleswin EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. saleswin'S CONTRACTORS, AGENTS, DEALERS, OR DISTRIBUTORS DO NOT HAVE THE RIGHT TO MODIFY THIS LIMITED WARRANTY OR MAKE ADDITIONAL WARRANTIES UNLESS AGREED TO IN WRITING BY saleswin.

12.2 SECURITY DISCLAIMER: saleswin MAKES NO WARRANTIES REGARDING THE SECURITY OF THE WEBSITE, SERVICES, AND PRODUCTS. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED MAY BE INTERCEPTED. saleswin DOES NOT GUARANTEE THAT THE WEBSITE, SERVICES, PRODUCTS, OR ELECTRONIC COMMUNICATIONS ARE FREE FROM VIRUSES OR HARMFUL ELEMENTS. YOUR USE IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. saleswin IS NOT LIABLE FOR ANY DAMAGES CAUSED BY COMPUTER VIRUSES OR SIMILAR SOFTWARE CODE DOWNLOADED IN CONNECTION WITH THE WEBSITE, SERVICES, AND PRODUCTS.

12.3 Password Security: saleswin takes commercially reasonable measures to protect your User Account, User Content, and Electronic Documents from unauthorized access. However, no system is impenetrable. You are responsible for maintaining password confidentiality and protecting your account from unauthorized access or modifications.

12.4 Service Availability: The Website may contain references to Services and Products unavailable in certain countries. These references do not guarantee availability in any particular country at any time.

12.5 Offensive Content: You acknowledge that using the Website, Services, and Products may expose you to offensive or objectionable content. You use these at your own risk.

YOU AGREE THAT NEITHER saleswin NOR ITS THIRD-PARTY PROVIDERS WILL BE LIABLE FOR ANY TERMINATION, SUSPENSION, INTERRUPTION, OR DELAY OF THE WEBSITE, SERVICES, OR PRODUCTS

FURTHERMORE, saleswin'S TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING FROM A BREACH OF CONTRACT OR TORT, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO saleswin IN THE TWO MONTHS PRECEDING THE CLAIM, OR $1000 USD (OR $10 USD FOR FREE PLAN USERS), WHICHEVER IS LESS. THIS LIMITATION APPLIES EVEN IF YOU HAVE MULTIPLE CLAIMS.

12.7 Time Limit for Claims: Any legal action against saleswin must be initiated and notified in writing within one year of the cause of action arising.

12.8 User Content Disclaimer: saleswin is not a publisher of User Content and does not endorse it. saleswin assumes no responsibility or liability for any User Content uploaded, posted, or made available by any user or party. saleswin is not liable for any damages, losses, or expenses arising from using or relying on any User Content. Additionally, saleswin is not responsible for any mistakes, defamation, or other harmful content within User Content. saleswin does not recommend using its platform for hosting personal content and does not guarantee the security or integrity of such content.

13. Your Warranties and Representations

13.2 You acknowledge and accept responsibility for any risks associated with the Website, Services, and Products potentially breaching the national laws of your country.

14. Export Control and Compliance with Laws

14.2 Compliance with Laws: You and saleswin agree to comply with all applicable export controls, sanctions laws and regulations, and any other relevant laws, rules, and regulations. You must notify saleswin immediately if you or your personnel become subject to any export control or sanctions regulations.

14.3 Access Restrictions: saleswin reserves the right to restrict access to the Website, Services, and Products at any time, without notice or liability, to comply with applicable laws and regulations.

15. Copyright Infringement

15.2 Contact Information for Copyright Agent: saleswin's Copyright Agent can be reached at IP@saleswin.ai

15.3 Repeat Infringer Policy: saleswin may, at its discretion, terminate the User Accounts of individuals who have received multiple takedown notices resulting in the permanent removal of infringing User Content ("Repeat Infringers"). saleswin reserves the right to terminate User Accounts believed to be infringing upon third-party intellectual property rights, including those of Repeat Infringers.

16. Modifications, Limitations, and Technical Constraints

16.1 Limitations and Technical Constraints

16.1.1 saleswin reserves the right, at its sole discretion and without prior or subsequent notice to the Administrator, to implement technical limitations on the Website, Services, Products, or any part thereof (including Service Plan and Archived Plan content) as deemed necessary to optimize the operation of saleswin's services, products, equipment, and network.

16.1.2 saleswin may, at its sole discretion and without prior notice, change, enhance, upgrade, improve, or modify the functionality of the Website, Services, and Products. Such modifications may include, but are not limited to, setting new or modifying existing usage limits (e.g., number of users, storage space, file size, pipelines, custom fields, reports), adding or removing features, introducing new modules, changing the user interface, releasing updates, fixing bugs, or making changes to comply with regulatory or statutory requirements.

16.2 Modifications, Updates, and Limitations

16.2.1 All modifications, updates, limitations, and technical constraints are determined by saleswin in its reasonable judgment and may be implemented without prior notice.

16.3 Material Changes

16.3.1 None of the aforementioned actions shall be considered a material change to these Terms of Service by either party.

16.4 Product Updates

16.4.1 If you download the Products, they may automatically download and install updates. These updates, which may include bug fixes, enhanced functions, new software modules, or new versions, are intended to improve and further develop the Products. Your use of the Website, Services, and Products constitutes your consent to receive such updates and permission for saleswin to deliver them to you.

17. Publicly Edited Sections

17.1 User-Generated Content

The Website may contain pages or sections that are editable by and accessible to all visitors, including but not limited to forums, chats, guestbooks, and comments ("Publicly-Edited Sections"). Users are advised to exercise caution when disclosing Personally Identifiable Information (PII) in Publicly-Edited Sections, as it may be viewed by third parties. The use of PII contained in Publicly-Edited Sections is governed by the Privacy Policy.

18. Prohibited Activities and Use

18.1. The use of the Website, Services, and Products is restricted to lawful purposes only. You are prohibited from using the Website, Services, and Products in any manner that is unlawful, violates these Terms of Service, or could interfere with, disrupt, impair, or overburden the operational functionality of the Website, Services, or Products. Additionally, your use should not adversely affect the ability of any third party to utilize the Website, Services, and Products.

18.2. You expressly agree not to:

a. Employ any software that intercepts, extracts, or collects data from or through the Website, Services, and Products.

b. Engage in or facilitate any attack on saleswin servers or disrupt its connectivity, violating applicable criminal and civil laws. saleswin will seek legal redress and compensation for damages from any individual involved in such actions to the fullest extent of the law.

c. Post, transmit, or disseminate any content that is defamatory, libelous, obscene, harassing, threatening, inflammatory, abusive, racist, deceptive, or fraudulent; promotes illegal or harmful activities; discriminates based on race, gender, religion, nationality, disability, sexual orientation, or age; or infringes on intellectual property or the rights of third parties.

d. Upload, distribute, or execute any software or file designed to damage or hijack the operation of any hardware, software, or telecommunications equipment, including but not limited to viruses, worms, Trojan Horses, time bombs, web bugs, spyware, malware, and other destructive or disruptive components.

e. Impose an excessive burden on the infrastructure of the saleswin systems and networks or interfere with the operational performance of the saleswin services and products.

f. Use the Website, Services, and Products for spamming, fraudulent schemes, phishing, chain letters, pyramid schemes, or engaging in unethical marketing practices.

g. Illegally collect or attempt to collect personal or financial information from other users. h. Perform any action that could cause harm or losses to third parties or violate the rights of third parties.

18.3. Violations of these Terms of Service or any abusive or inappropriate use of the saleswin platform as determined by saleswin may result in the removal of content, suspension, or termination of your access to the Website, Services, and Products, or saleswin Customer Account without notice, refund, or liability. saleswin reserves the right to enforce or not enforce these terms at its sole discretion.

19. Indemnification

You agree to indemnify, defend, and hold harmless saleswin, along with its affiliates, licensors, licensees, officers, directors, agents, and employees from any claims, losses, damages, fines, penalties, costs, and liabilities, including reasonable attorney's fees and other legal expenses, arising from any third-party claims, demands, actions, proceedings, arbitrations, or government assessments related to your breach of these Terms of Service.

20. Website Linking Terms

You are permitted to link to the Website provided you adhere to the following conditions: Links may direct to the Website's homepage or other internal pages. You are prohibited from employing in-line linking (hot-linking) or framing techniques. You must not represent or suggest any endorsement or sponsorship by saleswin without prior written consent. The use of saleswin's Intellectual Property without advance written authorization is forbidden. Additionally, you must agree to remove any link immediately upon saleswin's request.

21. Suspension and Deletion of Accounts

21.1 Deletion of User Accounts
Users may opt to terminate their User Account, resulting in the cessation of access to the associated saleswin Customer Account. Administrators will be notified of the deletion request for the specified User Account.

21.3. Suspension and Deletion of the saleswin Customer Account

21.3.1. Suspension Rights

21.3.2 Restoration of Suspended Account

To regain access to a suspended saleswin Customer Account under the conditions stated in 21.3.1 (3), you must purchase a new commercial subscription that meets all necessary features and limitations for the proper functionality of the account.

21.3.3. Account Deletion Rights

21.3.4. Initiation of Account Deletion by Administrator

An Administrator may request deletion of the saleswin Customer Account by removing any other Administrators, if applicable. Following such dismissal, the account will be deactivated immediately and permanently deleted within ninety (90) calendar days, deleting all connected User Accounts, User Content, and electronic documents.

21.3.5. Refunds on Account Deletion

No refunds will be issued under any circumstances upon deleting a saleswin Customer Account.

22. Assignment

saleswin reserves the right to assign or delegate these Terms of Service, in whole or in part, to any third party without prior notice. You may not assign or delegate any rights or obligations under these Terms of Service without the prior written consent of saleswin. Any attempt by you to assign or delegate these Terms without such consent shall be null and void.

23. Electronic Transactions

All interactions and transactions with the Website, Services, and Products shall be conducted electronically. saleswin may maintain electronic records of all communications occurring through the Website. An electronic record shall be considered sent when it is directed to the intended recipient’s information processing system, beyond the sender’s control, or when it enters a portion of the information system accessible by the recipient. An electronic record is received when it enters an information processing system designated or used by the recipient for such records and can be processed by that system, enabling the recipient to retrieve the electronic record.

24. Injunctive Relief

You acknowledge that any violation or breach of these Terms of Service may result in immediate and irreparable harm to saleswin. Consequently, saleswin may seek and obtain immediate injunctive relief, including but not limited to temporary restraining orders and permanent injunctions, against any breach or potential breach of these Terms. Additionally, saleswin retains the right to pursue any other remedies available by law or equity, including specific performance of the terms contained herein.

25. Severability

These Terms of Service shall be enforced to the maximum extent permitted by applicable law. Should any provision of these Terms be deemed invalid or unenforceable under applicable law, such provision shall be modified or interpreted to the extent necessary to render it valid and enforceable, reflecting the original intent of the provision. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions of these Terms of Service.

26. Data Protection

26.1. saleswin will collect, process, and store all personal information in accordance with applicable national and international data protection laws and regulations, including but not limited to the EU General Data Protection Regulation (GDPR). These activities are further detailed in the saleswin Privacy Policy, available at saleswin Privacy Policy URL

26.2. The Privacy Policy outlines how saleswin collects, uses, discloses, manages, and stores users' Personal Information.

26.3. saleswin processes personal information of users-of-users, on your behalf and under your instructions, in accordance with the Data Protection Legislation and the terms of the Data Processing Agreement (DPA), which are incorporated herein by reference. The parties agree to adhere to the terms of the DPA.

26.4. You are responsible for obtaining all necessary consents and permissions to collect, use, and share personal information, ensuring compliance with applicable data protection laws, including maintaining a published privacy policy.

26.5. If you are a visitor, user, or customer of a saleswin user and wish to request access to or modification of your personal information held on behalf of a saleswin user, please direct your inquiries to the relevant user (the Controller of the data). saleswin will respond to requests to remove users-of-users' personal information within thirty (30) days.

26.6. When accessing, installing, downloading, or purchasing Third Party Materials from Marketplace Sellers, these sellers may also collect and process your personal information during transactions.

26.7. Users may use personal information of other users only as necessary to complete transactions, communicate about specific transactions, or respond to messages. Users must not use personal information for marketing, add users to mailing lists, retain payment details, or use the information for any purposes other than those explicitly consented to by the data subject.

27. Waiver

No waiver of any breach of any provision of these Terms of Service will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. No waiver shall be effective unless made in writing and signed by the waiving party. Further, the failure to exercise, or a delay in exercising, any right, remedy, power, or privilege under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

28. Feedback

You may provide voluntary suggestions, comments, or other feedback ("Feedback") to saleswin regarding the Website, Products, or Services. Unless otherwise agreed in writing, such Feedback shall not establish any confidentiality obligations for saleswin, nor shall it restrict saleswin's ability to use, disclose, or otherwise exploit the Feedback in any manner without obligation to you, consistent with applicable provisions of the Privacy Policy.

29. Governing Law

These Terms of Service and any disputes arising out of or related to these Terms of Service, the Website, the Services, or the Products shall be governed and construed in accordance with the laws of Australia, excluding its conflict of law provisions. You hereby agree to the exclusive jurisdiction of the courts located in Australia for the resolution of all disputes arising out of or related to these Terms of Service.

30. Early Dispute Resolution

The parties agree to seek amicable resolution of any disputes, differences, or controversies arising under or related to this Agreement before pursuing litigation. Should a dispute arise, you must first notify saleswin at support@saleswin.ai with a detailed description of the dispute and relevant information ("Notice of Dispute"). The parties shall then attempt to resolve the dispute through mutual agreement within thirty-five (35) business days from receipt of the Notice of Dispute, prior to initiating any legal action.

31. Class Action Waiver

Each party hereby waives any right to assert claims against the other as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed contrary to public policy. Should any portion of this waiver be deemed unenforceable or inapplicable to a dispute, both parties agree that, except as provided by the arbitration terms, jurisdiction and venue for any legal proceedings shall exclusively reside in the courts of Australia. saleswin will not seek attorney’s fees and costs unless the court determines that the claims brought against it are frivolous. Unless otherwise dictated by arbitration rules or applicable law, each party is responsible for its own attorney's fees.

32. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms of Service where such failure or delay is due to a force majeure event, including but not limited to acts of war, civil unrest, natural disasters, failure of telecommunications or internet services not caused by the obligated party, or government restrictions. The affected party shall notify the other within a commercially reasonable time and will endeavour to mitigate the effects of the force majeure event. Obligations not performed due to the force majeure event will be resumed as soon as reasonably possible once the event concludes.

33. Right to Audit

saleswin reserves the right to audit your use of the Website, Services, and Products during the term of this Agreement to ensure compliance. Such audits may be conducted upon reasonable prior notice, and you may be required to produce a usage report without interfering with your business operations. However, saleswin may conduct audits without prior notice if required by governmental or regulatory authorities, in cases of allegations of fraud, misappropriation, or other irregular business activities of a potentially criminal nature, or when saleswin reasonably believes an immediate audit is necessary to address a significant operational issue or threat to its business. You are required to cooperate fully with any such audits.

34. Contact Information and Contracting Entity