2.1. You shall register to become a user of the Website only if You are of the age of 18 or above and can enter into binding contracts as per Applicable Laws. You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be responsible for all use of the Website and/ or Services by You and anyone using Your password and login information (with or without our permission). You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with Your Magnet Brains account. Accordingly, You are responsible for all activities that occur under Your account/in using Your secure credentials and Magnet Brains shall not be liable for any such change or action performed by using Your secure credentials on the Website.
2.2. You also agree to provide true, accurate, current and complete information about Yourself as and when prompted by the Website. If You provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate or incomplete), or Magnet Brains has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Magnet Brains shall have the right to suspend or terminate Your account and/or refuse any and all current or future use of the Website (or any portion thereof) or Services in connection thereto.
2.3. By making use of the Website, and furnishing Your contact details, You hereby agree that You are interested in knowing more or availing and/or purchasing various products, services that Magnet Brains or any other third party may offer to /provide to /share with /send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode. You hereby agree that Magnet Brains may contact You either electronically or through phone, to understand Your interest in the selected products and Services and to fulfil Your demand or complete Your application. Further, You also expressly agree and authorize Magnet Brains, its partners, service providers, vendors and other third parties to contact You for the purpose of (i) offering or inviting Your interest in availing other products or services offered by third parties, or (ii) for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
2.4. You specifically understand and agree that by using the Website You authorize Magnet Brains, its affiliates, partners and third parties to contact You for any follow up calls in relation to the Services provided through the Website and/ or for offering or inviting Your interest in availing any other product or service offered by Magnet Brains or such third parties. You agree and consent to receive communications relating to all of the above on Your phone/mobile number (if any provided) by You on the Website and expressly waive any registration or preference made under DND/NCPR list under the applicable Telecom Regulatory Authority of India (TRAI) regulations.
2.5. You agree and authorize Magnet Brains to share Your information and make Your details available to its partner banks/financial institutions, its group companies, affiliates, vendors, service providers/Facility Providers and other third parties, in so far as required for providing various products and services and/or to provide You with various value-added services, in association with the Services selected by You or generally otherwise. You agree to receive communications through emails, telephone and/or SMS, from Magnet Brains or third parties. If You request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to Your data already shared by Magnet Brains in accordance with this clause upon Your prior consent.
2.6. You agree and acknowledge that for undertaking any payment and/or financial transaction through the Website, Magnet Brains may undertake due diligence measures and seek information required for Know-Your- Customer (“ KYC ”) purpose which as a customer/merchant You are obliged to give in accordance with Applicable Laws. You agree and acknowledge that Magnet Brains can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to its due diligence requirements in line with the requirements and obligations under Applicable Laws. You are solely responsible for understanding and complying with all applicable laws of Your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Anti-Money Laundering (AML) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI as may be amended from time to time (the ” KYC GUIDELINES “) etc., that may be applicable to You in connection with Your business and use of Services.
2.7. You agree and covenant that before the commencement of any Service(s) under these Terms, You shall provide the necessary documents (as determined in Magnet Brains sole discretion or when required by Facility Providers or governmental authorities or law enforcement agencies) (“ KYC Documents ”) to enable Magnet Brains to conduct the due diligence in respect of inter alia You and Your business / activities. Magnet Brains shall have the right to share the KYC Documents (or the information therein) and other related documents with the Facility Providers or governmental authorities or law enforcement agencies, as required under the Applicable Laws. You expressly consent Magnet Brains to rely on the KYC Documents provided by You for providing Services. You further acknowledge and agree that Magnet Brains reserves the right at all times to monitor, review, retain and/or disclose any information in relation to the Service(s) as necessary pursuant to satisfy any Applicable Laws, legal process or governmental request.
2.8. Magnet Brains shall have the right to demand from You, any (i) additional KYC Documents and /or (ii) any KYC related or other documents of Your customers or invoices, in its sole discretion and /or as per the Applicable Laws or pursuant to requests from governmental authorities or Facility Providers. Your failure to submit the KYC Documents when requisitioned shall entitle Magnet Brains to suspend the Services and/or stop settlement of monies (as applicable) until You submit such KYC Documents to the sole satisfaction of Magnet Brains.
2.9. You agree that Magnet Brains shall not be responsible for any delivery, after-sales service, payment, invoicing or collection, customer enquiries (not limited to sales enquiries), technical support maintenance services and/or any other obligations or services relating to or in respect of Your products or services. Such obligations shall be Your sole responsibility. You shall indemnify Magnet Brains against any claim arising from such services or obligations and shall bear any and all expenses and/or costs relating thereto.
2.10. Throughout Your use of the Services, You declare that You or Your affiliates and/ or its Beneficial Owner are not a Politically Exposed Person. You shall forthwith inform us in writing if this declaration becomes untrue during any period of Your use of the Services. Capitalised terms used here but not defined shall have the meaning ascribed to them in the KYC Guidelines issued by the RBI, as amended from time to time.
2.11. The usage of the Website may also require You to provide consent for providing Your Personal Information (“ PI ”) (including but not limited to any personal data or sensitive personal data as defined under Applicable Laws) or to authorize Magnet Brains to derive Your data/information from any source or public registry, as may be necessary to complete Your profile or Your application on the Website, conduct due diligence on You, undertake KYC checks by itself or any other third party and/or to provide You Services through this Website. Magnet Brains shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, Magnet Brains shall not be liable to You against any liability or claims which may arise out of such transactions as any such PI is being collected, used, processed and shared with Your explicit consent.
2.12. You agree not to use the Website and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to You. Since the Website is in operation in India, while using the Website and/ or the Services, You shall agree to comply with laws that apply in India. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict Your access to all or any component of the Website and/ or Services.
2.13. You are prohibited from posting or transmitting to or through this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material or content that would violate rights of publicity and/or privacy or that would violate any law or that harms minors in any way; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (v) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; (vi) impersonates another person; or (vii) is illegal in any other way. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of content to this Website.
2.14. You represent and warrant that:
(a) You are duly incorporated or established under the laws of Your jurisdiction and have all requisite power and authority to own and operate Your business.
(b) You have the full legal capacity and power to enter into, exercise Your rights under, and perform Your obligations under these Terms.
(c) The execution, delivery and performance of these Terms has been authorized by all necessary corporate and organizational actions including but not limited to board resolution and/or power of attorney and/or letter of authority to bind Your business and Your company/firm/organization.
(d) You have duly accepted these Terms, which form a legal, valid and binding obligation, enforceable in accordance with its clauses.
(e) You do not, and shall not, engage in any activity related to virtual currency, cryptocurrency and other crypto products (like non-fungible tokens or NFTs), prohibited investments for commercial gain or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world. Any breach of this provision shall be subject to immediate suspension or termination of any or all Services, at Magnet Brains sole discretion, and You shall be liable to indemnify Magnet Brains from the losses arising from such breach.
2.15. You further covenant and agree that You shall ensure that:
(a) Your use of the Services and sale of Your products/services are solely for Your own bona fide business activities which are in compliance with the Applicable Laws and also the instructions issued from time to time by the Magnet Brains and its Facility Providers.
(b) Your use of the Services corresponds to those activities under the categories You have expressly registered for at the time of entering into these Terms and as set out in Your onboarding form on the Magnet Brains dashboard or as otherwise approved in writing by Magnet Brains.
(c) You shall not resell or assign the Services, in whole or in part, or otherwise allow the use of the Services by any third parties or Your affiliates.
(d) Your use of Services does not facilitate any activity which is unlawful, illegal, unauthorised, is carried on with the intent to defraud, or is likely to result in Your unjust enrichment and/or unlawful gain.
(e) Your use of Services does not facilitate the offer, sale or purchase of prohibited products and/or services specified under these Terms.
(f) You hold informed consent of Your customers to share customer’s information with Magnet Brains and its affiliates in connection with the Services and/or for the purposes of sharing with governmental authorities as and when demanded under Applicable Laws, for the purpose of transaction tracking, fraud prevention, or otherwise required pursuant to regulatory authorities’ orders and/or notices including but not limited to notices under Section 91 of CrPC.
2.16. You acknowledge that the Services are of complex nature and require the intervention of the Facility Providers. You acknowledge and agree that Magnet Brains shall only be liable for acts or omissions which are solely and directly attributable to Magnet Brains.
2.17. In order to avail the Services, You shall take all necessary steps to facilitate the integration of Magnet Brains solutions with Your platform. It is hereby clarified that any Server to Server (S2S) integration, if done, shall be solely for the purpose of availing the Services and intended to be used or accessed only by You.
2.18. You shall assist Magnet Brains in furnishing to its auditors, the Facility Providers, Governmental Authorities, or legal enforcement agencies, forthwith upon request from time to time, KYC Documents, relevant books, the original copy /copies of proof of transactions, invoices or other records, including pertaining to any order placed by Your customers. You shall retain records relating to transactions for a period of 10 (ten) years from the relevant date of the order placed on Your site. Magnet Brains and the Facility Providers, and/or Governmental Agencies and/or law enforcement agencies shall be entitled to audit and inspect the records and other data relating to the customer’s orders at any time whatsoever and without any prior notice.
2.19. You shall not (whether online or otherwise): (i) describe Yourself as an agent or representative of Magnet Brains or the Facility Provider; (ii) represent that You have any rights to offer any products or services offered by Magnet Brains or the Facility Provider; and (iii) make any representations to Your customer or any third party or give any warranties which may require Magnet Brains or Facility Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to Your customer or any third party.
2.20. Fair Use Policy: Pabbly Email Marketing Exclusive Offer For Small Business!
The Services are intended to be utilized for your own personal or business use. You will not (and will not permit any third party to): (a) sell, rent, lease, license, distribute, provide access to, sublicense, or otherwise make available the Services to a third party. We have launched this plan exclusively for small businesses, to promote small and medium-scale businesses and give them a chance to explore the email Marketing industry, at just $49/month (Billed-Yearly), users can send unlimited emails. Since we have made this plan for a small business solution; best suited for audiences up to 100,000. Users can use both the external and inbuilt Servers to send emails, if users send emails via an external Server they can send unlimited emails, and with an inbuilt Sending server users will be able to send 100K emails daily. The inbuilt email-sending server comes with an initial sending limit, initially, users will be able to send 500/daily after warming the sender’s email address we will increase the email-sending limit to 100K/daily. The email-sending limit will be increased after sending 4-5 email campaigns. If the user is sending phishing emails or encounters a high spam rate the inbuilt Email sending server will be suspended and the user will not be entitled to a refund, also the user cannot claim a refund with respect to 30 days Money-Back guarantee in case of suspension.
2.21. Fair Use Policy: Pabbly Subscription Billing Exclusive Cyber Monday offer!
The Services are intended to be utilized for your own personal or business use. You will not (and will not permit any third party to): (a) sell, rent, lease, license, distribute, provide access to, sublicense, or otherwise make available the Services to a third party. We have launched the Black Friday exclusive offer, to promote small and medium-scale businesses and give them a chance to explore the billing management industry, at just $49/month (Billed-Yearly), users can collect unlimited revenue. Since we have made this plan for a small business solution, Users will be able to collect revenue of up to $200K/month. Refunds will be issued within 30 days of your purchase (under the 30-day refund policy).
2.22. When you buy a Pabbly Connect subscription, the tasks assigned to your account are valid for 30 days. If you don’t use those tasks within this time, they’ll expire and won’t carry over to your next subscription cycle. Remember that all Pabbly subscriptions renew automatically until you ask us to cancel.
If you opt for a one-time (lifetime) plan, you can purchase a maximum of 10,000 tasks. Unfortunately, you can’t buy multiple one-time plans or transfer them between accounts. If you need more tasks, you’ll have to purchase a regular plan in addition to your one-time plan, and tasks will be assigned from both plans.
Please be aware that if we find that you’re using a feature not included in your purchased plan, we’ll email you several times requesting that you switch plans to match the features you’re using. Failure to respond can result in the suspension of your Pabbly account.
2.23. Please note that for Pabbly Connect agency accounts with sub-accounts options, any tasks assigned to sub-accounts cannot be modified from our end. This includes changes to task numbers or changing tasks from revocable to non-revocable tasks. We will not be able to make any alterations in any way. Furthermore, you will not have the ability to update the email addresses of sub-accounts under any circumstances. It’s important to note that the sub-account owner will have the ability to see the number of tasks assigned to them, who assigned the tasks to them (email address of the agency owner), whether the tasks are revocable or non-revocable, and when the tasks were assigned.
