Terms & Conditions

This document sets out the Terms of Service, together with any amendments, order forms, and any additional agreements you enter into with WA Desk (Great Developers Info Tech Pvt Ltd, C 110, Sector 65, NOIDA - 201301, UP, INDIA. CIN: U72200DL2012PTC238524) in connection with the Service (collectively, “Terms”), govern your access to and use of WA Desk (“WA Desk”, “we” or “our”) websites, mobile apps, services, and applications (collectively, the “Service”). These Terms apply to all visitors, users and others who access or use the Service. Please read them carefully before using the Service. By accessing, browsing and/or using the WA Desk, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Service and to comply with all applicable laws and regulations. If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization. If you do not agree with these terms, please do not use this site. WA Desk may update these Terms of Use from time to time, so please check back frequently. You acknowledge and agree that your continued use of WA Desk or services after any such update signifies your acceptance of such modified Terms of Use.

1.The Service

The Service may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Service at any time without prior notice to you. We may also remove any content (including your Content) from the Service at our discretion. We also may impose limitations on bandwidth usage for the Service (in case of security incidents or if we reasonably suspect abuse of the Service) as we, in our sole discretion, determine to be appropriate. You acknowledge and agree that the Service operates on or with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”). WA Desk is not responsible for the operation of any Third Party Services, nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary to access Third Party Services and for complying with any applicable terms or conditions thereof. WA Desk does not make any representations or warranties with respect to Third Party Services. Any exchange of data or other interaction between you and Third Party Services is solely between you and that third party, and is governed by such third party’s terms and conditions.

2.Pricing and Payment

The fees for the Service shall be paid in accordance with the terms set forth on the applicable Order Form /Proforma Invoice. Unless otherwise explicitly agreed in writing, all billing shall be done on an annual, prepaid basis.
Any credits due needs to be paid immediately when informed to you. WA Desk on its discretion may apply the due credits on the next invoice against the amounts then due. Taxes, if any, will be charged separately. In case of non payment of fees, the account will be suspended without notice. In case the payment for the upcoming subscription is not paid within 10 days of the start of the upcoming subscription, the account along with all the data will be permanently deleted. There is a minimum billing period associated with every plan. WA Desk reserves the right to change the prices / fee of the service without any notice. This is a pre-paid service and there is no-refund policy.

3.Content

In using the Service, you provide us with information, files, and folders that you submit to WA Desk (together, “Content”). You, and not WA Desk, are responsible for maintaining and protecting all of your Content. WA Desk will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content. You retain full ownership of your Content, but you hereby grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any and all Content in connection with providing the Service to you and other users in accordance with your settings on the Service. This license also includes the right to modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also extend these rights to the Third Party Services with whom we work to provide the Service. All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will WA Desk be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service. We may use your name and logo on our website located at https://www.wadesk.co/ for the purpose of marketing the Service.

4.Privacy

We care about the privacy of our users. We collect, use and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. To be clear, aside from the exceptions we identify in the Privacy Policy, no matter how the Service changes, we won’t share your Content with others unless:

1. you have given us permission to do so
2. we are required to by law or by valid legal process
3. we need to do so in order to provide you the Service or
4. one of the other exceptions described in the Terms or Privacy Policy applies.

By using the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred to and processed by us and by third parties on our behalf.

5.Security

Security is more than just creating a secure application - it involves constant monitoring, improving and staying vigilant against all risks. The security of the information you put into WA Desk is very important to us and we take this responsibility very seriously. We focus on keeping content secure at all steps in the application rather than simply at edge points. We use physical, technical and procedural safeguards to preserve the integrity and security of your information. Here are some of the measures we take to prevent data leaks and unauthorized data access:

1. Physical security
   All of WA Desk’s servers are hosted in secure, ISO 27001-audited data centers.
2. Defense in Depth multi-level data security
   We use a series of defensive mechanisms that are layered in order to protect valuable data and information. If one mechanism fails, another steps up immediately to thwart an attack. This multi-layered approach with intentional redundancies increases the security of a system as a whole and addresses many different attack vectors.
3. Secure application development
   WA Desk follows best practices in all areas of application security and prevents common web attack vectors. When you enter information into WA Desk, we use secure socket layer (SSL) technology to encrypt the transmission of your data to our servers, which helps protect your data.
4. Network security
   All servers are firewalled to permit the minimum traffic necessary to run the service, and access to those servers is limited to WA Desk employees with a legitimate business need.
5. Data reliability
   WA Desk continuously replicates your data between physical locations to prevent data loss. Additionally, WA Desk stores regular backups and has the ability to perform point-in-time recovery for more granular data recovery. WA Desk uses Amazon, Azure and other servers to manage all user data. These servers provide us with the ability to do point-in-time recovery of our entire data
6. Vulnerability scans
   WA Desk performs weekly internal vulnerability inspection at all potential points to identify security holes.

6.WA Desk’s License to you

Subject to these Terms, WA Desk gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights in the Service (including all intellectual property rights) not expressly granted in these Terms. We can terminate this license at any time for any reason or for no reason.

7.Your Conduct and Account Use

You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. WA Desk will not be responsible or liable for any use of your Content by WA Desk in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, including all necessary rights to upload your Content for use in accordance with these Terms. You agree not to post Content that:

1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal
2. may create a risk of any other loss or damage to any person or property
3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
4. may constitute or contribute to a crime or tort
5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable
6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets)
7. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships or
8. contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including, without limitation, any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions. We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
   • satisfy any applicable law, regulation, legal process or governmental request
   • enforce the Terms, including investigation of potential violations
   • detect, prevent, or otherwise address fraud, security or technical issues
   • respond to user support requests,or
   • protect the rights, property or safety of WA Desk, its users and the public. You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Service.
9. You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Service. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review content for compliance with our community guidelines, but you acknowledge that WA Desk has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Service.

8.Your Account

You must provide us accurate information when you create your WA Desk account. Your WA Desk account gives you access to the Service. We may maintain different types of accounts for different types of users or organizations. When you connect to WA Desk through a Third Party Service, you thereby give us permission to access and use your information from that Third Party Service (on such terms as are permitted by that service), and to store your log-in credentials for that service. You may never use another user’s account without permission or share your account with anyone else. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with WA Desk or a Third Party Service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. WA Desk cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify WA Desk immediately upon becoming aware of any breach of security or unauthorized use of your account.

9.Access & Data Security

You give us permission to access your computer, or other telecommunications or information systems (“Systems”) in order to provide the Service. This permission is limited to those Systems, time periods, and personnel as are reasonably needed to provide the Service. Access is subject to business control and information protection policies, standards, and guidelines as you may provide to us. We warrant that we have adequate security measures in place to comply with the above obligations and to ensure that access granted hereunder will not impair the integrity and availability of your Systems. We shall implement and maintain reasonable administrative, physical and technical safeguards that are designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any of your data (including any customer or contact data furnished by you as may be held or accessed by us). And we shall notify you as soon as reasonably possible following discovery of any suspected breach or compromise of the security, confidentiality, or integrity of your data.

10.Confidential Information

You agree that all code, inventions, know-how, business, technical and financial information which you obtain from us is our confidential property (“Confidential Information”), provided that it is identified in writing as confidential at the time of disclosure or, if disclosed verbally, is identified as confidential in writing within thirty (30) days of the disclosure. You will hold in confidence and not use or disclose any Confidential Information. But your non-disclosure obligations shall not apply to information which you can document:

1. was rightfully in your possession or known to you prior to receipt of the Confidential Information
2. is or has become public knowledge otherwise than through your fault
3. is rightfully obtained by you from a third party without breach of any confidentiality obligation
4. is independently developed by your employees whom had no access to such information or
5. is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the disclosing party). The terms of any agreement between you and WA Desk shall be deemed confidential information of WA Desk without any further marking or designation.

11.WA Desk Property, Copyrights and Feedback

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of WA Desk and its licensors. The Service is protected by copyright, trademark, and other laws of both the India and foreign countries. Nothing in the Terms gives you a right to use the WA Desk name or any of the WA Desk trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding WA Desk, or the Service is entirely voluntary and you acknowledge and irrevocably agree that we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

12.Acceptable Use of WA Desk

WA Desk is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things: use the Service for any unlawful purposes or for promotion of illegal activities; post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation; impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; send spam; publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; access, tamper with, or use non-public areas of the Service, WA Desk’s computer systems, or the technical delivery systems of WA Desk’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”); forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content. We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the Service. Some use of our Service may require you to download a client software package (“Software”). WA Desk hereby grants you a limited, nonexclusive, non transferable, revocable license to use the Software, solely to access the Service. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Service may update the Software on your device automatically when a new version is available.

13.Non-Compete

1. You agree that during the term of this agreement and for a period of five (5) years thereafter, you shall not, directly or indirectly, engage in the development, design, implementation, or consultancy of any product, service, or system that is similar to, competes with, or replicates, in whole or in part, the functionalities of the WA Desk platform or any related services offered by us
2. This restriction applies globally and includes, but is not limited to:
   • developing or assisting in the development of competing WhatsApp customer-support, helpdesk, or messaging software;
   • providing consulting services to third parties that intend to build similar systems;
   • reusing, replicating, or deriving work from the solutions, knowledge, or insights gained through our engagement.
Violation of this clause shall entitle the supplier to pursue legal remedies, including injunctive relief and damages, without limiting any other rights available under law or this agreement.

14.Non-Solicitation

The Customer agrees not to solicit, hire, or engage, either directly or indirectly, any employee of the Supplier during the term of this Agreement and for a period of five (5) years thereafter, and not to solicit or engage any contractor or consultant of the Supplier during the term of this Agreement and for a period of one (1) year thereafter, without the Supplier’s prior written consent.

15.Third-Party Links

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services. The Service may have links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any of these third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of those sites. You expressly relieve WA Desk from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties. You agree that we are not responsible for any loss or damage of any sort in your dealings with such third parties. Many of these third party services expressly disclaim all warranties, support or other liabilities or obligations to you in respect of their software or service. For example, Tableau requires us to communicate to you that they shall have no warranty, support or other obligation or liability to you in respect of your use of its software. You should read the applicable Terms of Service and Privacy Policy of any third party link or service before using it.

16.Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, then you do not have our permission to use the Service.

17.Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold WA Desk, its affiliates, officers, agents, employees, suppliers, licensors and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to

1. your use of the Service (including any actions taken by a third party using your account), and
2. your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

18.Entire Agreement

These Terms (including any amendments, order forms, and any additional agreements you enter into with WA Desk in connection with the Service) and the Privacy Policy (which is hereby incorporated into these Terms by reference) will constitute the entire agreement (“Agreement”) between WA Desk and you with respect to the subject matter contemplated herein, and supersede all oral statements and prior writings with respect to the subject matter contemplated herein. This Agreement is entered into after full investigation by each party, and neither party is relying on any statement or representation made by the other not embodied in this Agreement. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms shall otherwise remain in effect. No waiver shall be implied from conduct or failure to enforce or exercise rights under these Terms. Nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claiming to have waived.

19.No Warranty - WA Desk is Available "AS-IS"

Though we aim to provide excellent service, certain aspects are not guaranteed. The service and software are provided “as is”, and to the fullest extent permitted by law, neither WA Desk, its agents, affiliates, licensors, nor suppliers make any warranty of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
WA Desk makes no representations about any content or information in, or from, an end-user or customer service account. We are not responsible for the accuracy, completeness, appropriateness, or legality of user-generated data or posts.
WA Desk will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm resulting from your access to or use of the service or software.

20.Limitation of Liability

To the fullest extent permitted by law, in no event will WA Desk, its affiliates, officers, employees, agents, suppliers or licensors be liable for

1. any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not WA Desk has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.
2. Aggregate liability for all claims relating to the service shall not exceed the greater of $50 or the amounts paid by you to WA Desk for the past three months of the service in question, whichever is lower.

The Service is controlled and operated from its facilities in India and other geographical locations and countries. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.

21.Notice

We may send notices, updates, or information required by law or for business purposes through email, printed communication, or by posting on our website. These will be considered received when sent, unless stated otherwise.
Any notice to WA Desk must be sent in writing to the official contact address and will be considered received: (i) upon receipt, if sent through registered or certified mail or via a recognized courier service, provided it is handed over to an authorized WA Desk personnel upon verification of official identification; and (ii) if sent by email, only upon acknowledgment by WA Desk.

22.Term and Termination

WA Desk services are provided under a contracted term of three (3) years, commencing from the invoice date issued to the client for the subscription or service. The agreement will automatically renew for additional three (3) year periods unless either party provides written notice of termination at least ninety (90) days before the end of the then-current term.
Either party may terminate this agreement without liability if: (i) the other party commits a material breach and fails to remedy it within thirty (30) days of receiving written notice; or (ii) the other party becomes insolvent, is wound up, or is subject to any similar legal proceeding.
If a client terminates the agreement without providing the required ninety (90) days’ written notice, WA Desk reserves the right to continue billing or recover costs related to the unserved notice period.
Upon termination:

• All licenses and access granted under this agreement shall immediately terminate.
• Each party shall return or cease using any documents, credentials, or materials (and all copies) belonging to the other party.
• WA Desk may delete or dispose of Customer Data unless a written request for backup is received within ten (10) days of termination. WA Desk will attempt to deliver the most recent backup within thirty (30) days, subject to all dues being cleared. The client shall bear reasonable charges for data handling or delivery.
• Any provisions that are intended to survive termination shall remain valid and enforceable.

23.Service Continuity

The fees under this agreement are subject to an annual adjustment at the completion of every twelve (12) months from the start of service, including during any renewal period. This revision will apply automatically and does not require a separate amendment or formal communication. Continued use of the platform after such adjustment will be considered acceptance of the updated pricing.

24.Miscellaneous

All sections of these Terms which by their nature should survive termination of any agreement between you and WA Desk, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without our written permission, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

No supplement, modification, or amendment of these Terms shall be binding unless executed in writing by a duly authorized representative of each party. Neither WA Desk nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster or Internet disturbance).

WA Desk may suspend performance under these Terms if:

1. you are in material breach and fail to cure that breach within 30 days after the receipt of written notice or
2. you cease business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days.

Termination is not an exclusive remedy and the exercise of WA Desk by any remedy under these Terms will be without prejudice to any other remedies it may have under these Terms, by law, or otherwise.

25.Arbitration / Governing Law and Jurisdiction

In the unlikely event that WA Desk has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any WA Desk claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration governed by the laws of the Union of India.

The arbitration shall be conducted by a sole arbitrator appointed by WA Desk and shall take place in Delhi, India. The award rendered by the arbitrator shall include the costs of arbitration, reasonable legal fees, and the costs of expert or other witnesses. Any judgment on the award may be entered in any court of competent jurisdiction, and the prevailing party shall be entitled to recover its legal costs.

Nothing in this Section shall be deemed as preventing WA Desk from seeking injunctive or other equitable relief from the courts as necessary to protect any of WA Desk’s proprietary interests. Except as otherwise provided in these Terms, all remedies are cumulative and in addition to (not in lieu of) any other remedies available to a party at law or equity.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY USING THE SERVICE, YOU AND WA Desk ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that the Service is based in India, and that these Terms are governed by the internal substantive laws of the Union of India, without regard to its conflict of law principles. Subject to the arbitration clause above, the courts located in Delhi shall have exclusive jurisdiction over any legal proceedings not subject to arbitration.

Please contact us at legal@hrstop.com with any questions regarding these Terms.

These Terms are reviewed periodically and may be updated at any time. Please refer to the most current version on this page. Continued use of our services after changes constitutes acceptance of the revised Terms.