Let’s Calendar (www.letscalendar.com) is a product of Manomay Informatics LLC (www.manomayinformatics.com) registered in Delaware, United States, is responsible for providing small businesses and organizations with a variety of products and services related to web-based technology and IT infrastructure facilities.
The technology services include Network Solutions, Data Center Deployment, and Management, Web-based Application Development, Business Identity Management, Online Campaigning, Marketing, IT Infrastructure Facility Management, Concept Design, and Development, etc.
This Agreement (the “Agreement” or “Terms of Service”) is between Manomay Informatics for their SaaS product Let’s Calendar and the user as applicable.
You are the “User” under this Agreement and hence, by clicking or tapping on a button of “I AGREE” you unconditionally accept this Agreement.
If you are an organization, the individual who agrees to this Agreement on your behalf must have the authority to bind you to this Agreement.
You affirm that you are a major i.e. have attained the age of 18 years and hence are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and also to abide by and comply with this agreement.
The Let’s Calendar services are provided “As Is” and “As Available”.
Let’s Calendar may need to access the user’s account in order to deliver support and customer services as well at the time of troubleshooting any problems faced by the user.
Let’s Calendar may continually change and improve its services. The user’s use of any new features and functionality added to the services may be subject to additional or different terms relating to such new features and functionality.
At times, Let’s Calendar may limit or suspend the services from time to time at its discretion, or to perform scheduled maintenance. Such suspensions of the services shall be communicated to the user on a reasonable advance notice so that the user can plan around it. There may be some situations, such as security emergencies, where it may not be practicable for Let’s Calendar to give advance notice. However, Let’s Calendar will use commercially reasonable efforts to narrow the scope and duration of such suspension as is needed to resolve the issue that prompted such action.
Each User shall be subjected to the SLA features made available to them in accordance with the pricing plan they have subscribed to. The SLA time may vary from 48 hours to 12 hours. The mode of support shall also vary with the pricing plan.
For more details, a user may refer to our pricing plan here:
https://www.letscalendar.com/our-pricing/
Any user at present may choose to avail of the forever free plan of Let’s Calendar by configuring the SMTP through adding their personal account from the settings available in their Let’s Calendar account. Let’s Calendar, however, owns the complete discretion to discontinue the forever free plan without any prior notice to the users.
A user by writing may request a custom-made service plan to meet their requirements. However, under such circumstances, such services may be subject to additional or different terms relating to such new features and functionality. The new features may be part of the same plan the user is on, or they may be part of a different plan and not be available to the user unless the user changes their plan to access these services or features.
3.1 The users, hereby intend to collect the Personal Identification Information (PII) and Sensitive Personal Identification Information (SPII) which are then uploaded on the cloud-based server of Let’s Calendar which is hosted by the third parties. Let’s Calendar has access to the PII & SPII without any traditional disclosure on the part of the Users.
3.2 Keeping all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; Let’s Calendar hereby declares, that it does not in any way process, sell, or make unauthorized use of the PII and SPII uploaded to its server by the users.
Confidential Information shall also contain:
3.3 Both the parties to this Agreement hereby ensure to:
3.4 Compelled Disclosure: Let’s Calendar may disclose the user’s Confidential Information when required by law or legal process, or required by the Federal Government for the purpose of inquiry or grounds related to possible suspicion.
3.5 Let’s Calendar acknowledges that the information shared by the user is uploaded to the cloud-based servers of only such third-party service providers whose services constitute an indispensable part in the functioning of Let’s Calendar.
4.1 The User hereby acknowledges adhering to the following:
“During the Free trial period I/we –
Users must provide Let’s Calendar with accurate customer and billing information and keep this information up to date.
By subscribing to the Service theUserGivesLet’s Calendar the right to charge the submitted credit card, for fees connected with the service such as monthly renewal fees or overage charge service fee.
The Let’s Calendar service is a subscription service. Users pay in advance for each billing cycle on the first day of the billing cycle. A billing cycle consists of 30 days from the date of receipt of payment.
The user’s account will be renewed automatically by deducting charges from the designated credit card in advance for the next billing cycle of 30 days until the user cancels the service.
The user is responsible for all charges incurred for crossing the threshold once, they finish their free email limit under a pricing plan and therefore, liable for paying overage charges per credit used forth in the pricing list of Let’s Calendar, including any applicable taxes or extra service fees. Further, the deduction of free credits is based on actual usage. It includes sending of invites, cancellation of invites, changes to invites and other communications made making use of credits available to a User.
Let’s Calendar may change the fees charged for the services at any time, provided that, for any fees billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of the user’s subscription. Let’s Calendar, however, will provide the user with reasonable prior written notice of any change in fees to give the user an opportunity to cancel auto-renewal on the subscription before the change becomes effective.
Let’s Calendar does not store any credit card details of the user, such information is stored by the payment gateway through which the payment is completed by the user.
Users at any instant may decide to upgrade to a subscription plan of higher Charges. Under such circumstances, the user will be automatically upgraded to the higher plan. The amount already paid by the user for the current billing cycle shall be calculated on a Pro-Rata basis and the remaining amount shall be refunded.
The user shall be then charged for the subscription to the higher plan and the billing cycle shall start from the same date on which payment is made.
Users may anytime decide to choose a subscription plan of lower charges. However, the user will be shifted to a lower subscription plan only after the completion of the current billing cycle of a higher subscription to which the user had previously agreed i.e. on the day of renewal.
The user hereby acknowledges that the “Issuing Authority (Banks/Financial Institutions)” of their credit card may levy upon them a transaction during the process of payment for availing the services of Let’s Calendar. It is, therefore, the duty of the user to check with their credit card issuing authorities regarding these details.
The Tariff for services are exclusive of all applicable sales, use, value-added, GST and other taxes, and all applicable duties, tariffs, assessments, export and import fees, or other similar charges, and the user will be responsible for payment of all such taxes (other than taxes based on Let’s Calendar’s income), fees, duties, and charges and any related penalties and interest, arising from the payment of the fees, the provision of access to the Let’s Calendar’s service to the user. The user will make all payments of fees to Let’s Calendar free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of fees to Let’s Calendar will be the user’s sole responsibility, and the user will provide Let’s Calendar with official receipts issued by the appropriate taxing authority, or such other evidence as Let’s Calendar may reasonably request, to establish that such taxes have been paid. The user shall indemnify and defend Let’s Calendar in connection with any proceedings brought by any taxing authorities in connection with this Agreement
If the user upon request is made available to a customized, tailor-made plan for availing the services of Let’s Calendar, under no circumstances can such user prevent any other users from availing the same/similar plan.
A user may at any time terminate from the service of Let’s Calendar account provided any, and all present and past dues in all invoices have been paid. Let’s Calendar does not accept cancellations via email or phone and only via the designation cancellation button available in the user interface(dashboard) of the user account.
7.1 Upon cancellation the user will be entitled to use the services of Let’s Calendar until the completion of the current billing cycle.
7.2 Upon completion of a period of one month after a cancellation (30 days) ALL USER DATA WILL BE DELETED PERMANENTLY FROM THE SERVER OF Let’s Calendar. However, if the user decides to retain the services such a user can reactivate such deleted account within the stipulated time of 30 days.
Users may cancel their subscriptions at any given instant. However, Let’s Calendar does not provide any refund upon cancellation of the services. Although, upon such cancellation, the User shall not be charged from the next billing cycle.
Under no circumstances Let’s Calendar shall not provide the user with any refund in any manner whatsoever. Refunds WILL NOT be provided for any subscriptions. Let’s Calendar does not provide refunds or prorated billing for subscriptions that are canceled mid-month or in a functional billing cycle. In such circumstances, users will continue to have access to their subscribed plan until the end of the billing cycle.
As between the parties, the User retains ownership of all intellectual property rights in the User Data and its trademarks, etc., and Let’s Calendar shall retain ownership of all intellectual property rights in the Services.
Except as permitted by Let’s Calendar’s brand and trademark use policies, this Agreement does not grant the User any right to use Let’s Calendar’s trademarks or other brand elements.
Let’s Calendar is committed to respecting the intellectual property rights of any person including that of its users.
In case if a user identifies any copyrighted material that belongs to them, which has been posted without the users’ permission at www.letscalendar.com or sent to other persons using services offered by Let’s Calendar please follow the directions below to let us know.
The details of Let’s Calendar’s grievance agent are as follows:
The subject of user’s communication should be: DMCA Takedown Request
Also, such notice must include all of the following:
Any aggrieved person may report Let’s Calendar about any such Copyright Infringement by filling our form here.
Users’ use of Let’s Calendar’s services is governed by the English language version of our terms of service. Should Let’s Calendar, or any entity, translate the terms into other languages, the English language version of the terms shall control with respect to any conflict between the translated version and the English language version of these terms.
Let’s Calendar will store and process user data in a manner consistent with industry security standards. Let’s Calendar has implemented technical, organizational, and administrative systems, policies, and procedures to help ensure the security, integrity, and confidentiality of customer data and also mitigate the risk of unauthorized access to user data.
11.3 Notification of any unforeseeable Security Breach:
In the event of any unforeseeable security breach that may affect a user or anyone using the service, Let’s Calendar will notify such person of the breach and provide a description of what happened. The user then is responsible to take immediate action on such notification to minimize the possible impact of the security breach.
Let’s Calendar reserve the right to cancel any user’s subscription with immediate effect and refuse to offer such user any and all current or future Service in the event that such user violates any of the provisions of these terms of service or any other agreement with Let’s Calendar.
Such Violations do not only limit but include the following:
a. Sending SPAM emails.
b. Not clearing due payments incurred during overage usage
c. Indulging in any of the mentions set forth in the PROHIBITED PRACTICE LIST.
d. Breach the rules of use of our trademarks and other intellectual property
e. Creating more than one free trial account by the customer
f. Providing inaccurate, unreliable, or false registrant contact details or failing to keep such contact details up to date.
g. Keeping the account inactive for a period of 90 days
h. Assigning rights and obligations resulting from the service agreement to a third party without the prior consent of Let’s Calendar.
13.1 Let’s Calendar under no circumstances encourages the collection of information of any minor between the age of 13 to 18 years of age.
13.2 In case the user collects the information of such minors they hereby acknowledge that the user possesses the consent of the legal guardian or parent of such minor.
13.3 The user hereby acknowledges that they bear all the responsibilities and obligations arising out of the collection of such information and identifies, Let’s Calendar from any liabilities arising out of their conduct.
14.1 In the event of any issues faced by the user, the user may issue a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the issues, disputes if any, and the relief requested.
14.2 User must send any Notice of Dispute via email to [email protected]
14.3 On receipt of such email by Let’s Calendar, the User and Let’s Calendar will attempt to resolve any dispute through informal negotiation within thirty (30) days from the date of the receipt of the Notice of Dispute is sent.
This contract shall be governed by the applicable laws of Delaware, United States where Manomay Informatics LLC is registered.
The Courts of Delaware shall solve any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof. Notwithstanding this, Let’s Calendar will be entitled to enforce any infringement of Let’s Calendar intellectual property and any non-payment of fees due to Let’s Calendar in the courts of any jurisdiction in which such infringement is occurring or in which the customer is incorporated.
The user under no circumstances is entitled or allowed to delegate, subcontract, transfer or assign this Agreement or any of its rights or obligations, without prior written consent.
At times Let’s Calendar may offer a beta-test version to try out new features. This beta testing will allow the Users to try the recent solutions and also allow Let’s Calendar to understand the needs of the Users and hence, develop the service accordingly. If a user decides to use a feature available in the beta-test version, such user agrees:
18.1 Such beta features are available only at the discretion of Let’s Calendar and can be deactivated anytime at their sole discretion.
18.2 Let’s Calendar does not warrant that any feature that was previously made available in a beta-test version will be included in the Service. Also, Let’s Calendar is not obliged to maintain or support any such feature and may cease the development of any such feature at any time and at their sole discretion.
18.3 The user is solely responsible for consequences of using the beta-test version, including but not limited to, any impact such use may have on users Account settings, set or planned campaigns, collected data, and other information, or otherwise.
18.4 The user acknowledges that once Beta testing is deactivated, certain processes that took place with respect to the user’s Account, set or planned campaigns, collected data and other information cannot be reversed, and Let’s Calendar shall bear no responsibility or liability for any consequences resulting therefrom.
18.5 The features of beta testing may be provided either free or with separate subscription charges to the user. All such decisions shall entirely be under the sole discretion of Let’s Calendar.
19.1 No license or conveyance of any rights under any discoveries, inventions, patents, trade secrets, copyrights, or other forms of intellectual property in the software of Let’s Calendar is granted or implied to the user.
19.2 A user under no circumstances will not use, resell, distribute, transfer, provide, sub-license, share with, or otherwise offer the services of Let’s Calendar in violation of any laws or this agreement, including without limitation, the United States Foreign Corrupt Practices Act and similar anti-corruption statutes in all jurisdictions where the service of Let’s Calendar is made available.
In case any person is of the belief that they have been spammed by a user who has availed the service of Let’s Calendar such concerned person can report such spamming at our anti spamming form:
LINK TO ANTI SPAMMING FORM here:
If any provision of these terms is deemed invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, the invalidity of such provision shall not affect the validity, legality and enforceability of the remaining provisions, which shall remain in full force and effect.
User agree to indemnify, defend and hold Let’s Calendar harmless and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from users use of the Let’s Calendar’s service, User’s violation of the TOS or Users infringement, or infringement by any other User of User’s account, any intellectual property or another right of any person or entity.
Each party represents and warrants that:
a.It has full power and authority to enter into this Agreement; and
b.It will comply with all laws and regulations applicable to its provision or use of the Services, as applicable.
To the extent of any conflict existing between the parties, this Agreement shall prevail over any additional terms or agreement.
Let’s Calendar will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, the act of war or terrorism, riot, governmental action, or internet disturbance) that was beyond the party’s reasonable control.
The relationship between Let’s Calendar and User is that of independent contractors, and therefore there exists no intention of creating any relationship in the form of legal partners, employees, or agents of each other.
If you have any questions or comments about this Agreement or you wish to report any violations, you can reach us at [email protected]
User’s on Let’s Calendar (www.letscalendar.com) are not allowed to use the Service to stream, disclose, engage, offer to sell, and promote, either directly or indirectly, any goods or services that:
10. Encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed through the Service;