Welcome to Pabbly. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our website constitutes your agreement to all such Terms. Our website is owned and operated by Magnet Brains Software Technology Pvt. Ltd. with its office located at E-3/49, Arera Colony, 10 No Market, Bhopal, 462016.
This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
2. DEFINITIONS AND INTERPRETATION:
- Pabbly Subscriptions is a Software as a Service Provider Platform wherein the users can avail various services and products listed thereon by paying the subscription fees.
- “Account” means the accounts created by the users at the time of registration and through which you can access the services provided on the website.
- “User/Visitor” means the individual who avails our services.
- “Content” means text, graphics, images, music, audio, video, information or other materials.
- “User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through our website.
- “SNS” means Social Networking Sites such as Facebook, Twitter, etc.
- The official language of these terms shall be English.
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
3. ELIGIBILITY OF MEMBERSHIP:
- Use of the Site is available only to persons who can form legally binding contracts under applicable law.
- Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
- In order to avail our complete services, you shall be required to create an account with us. You will have the option to create an account under the heads “Subscription”, “Forms”, “Email Marketing” and “Email Marketing Pro”.
- In order to register for an account with us (an “Account”) you need to provide certain personal information such as name, email address and password.
- You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, don’t:
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
- You may not transfer or sell your www.pabbly.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
- An individual needs to register itself through valid email ids and an individual can only own one account on one valid email id. for multiple accounts, the users should multiple valid email-ids.
- You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
- Our website is Software as a Service Provider platform wherein the users will have to register in order to avail the various services.
- The users will have to subscribe for the various services.
- In order to subscribe to the services, the users will have to make payment for the subscription plan as enumerated in section 6 of the present Agreement.
- By subscribing to the services the users can avail the services of subscription management, forms, email marketing and email marketing pro.
- The users may choose either of the payment modes as enlisted on the subscription page. We generally use STRIPE, PayPal and other options as provided therein when you make payment.
- Our website uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
- We take the utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology, and workflows, hence cannot be held responsible for any fault at the end of payment providers.
- Our website reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- The users acknowledge that we will not be liable for any damages, interests or claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
- Our website reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
PLEASE NOTE THAT ALL PLANS ARE RECURRING IN NATURE, SO AUTO-DEBIT WILL BE DONE FOR YOUR SUBSCRIPTION.
7. GRANT OF LICENSE:
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-assignable, worldwide, limited license to use our Services that you have ordered and paid for solely for your own internal business purposes only in accordance with these Terms and the applicable Services documentation for the Term (as defined below), unless earlier terminated. You may use our Services documentation solely in connection with your use of our Services. All rights not expressly granted to you in these Terms are reserved by Pabbly Subscriptions and its licensors. All right, title and interest in and to the intellectual property rights in our Services and related documentation and any corrections, derivatives, enhancements, modifications, updates and upgrades to our Services and related documentation, including all intellectual property and other proprietary rights therein, belong solely and exclusively to Pabbly Subscriptions and its licensors. Our Services may include certain third-party components and support services. For any components or services that you use, you agree to comply with the terms and conditions of such third party providers.
8. SERVICES LEVEL:
We will make commercially reasonable efforts to keep our Services operational 9 hours a day and 6 days a week, except for planned downtime for maintenance, upgrades, and updates for which we will use commercially reasonable efforts to provide at least 2 hours prior notice, or (ii) for unplanned downtime caused by any circumstance beyond our control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks.
Despite our efforts, our Services or any functionality may from time to time encounter technical or other problems and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our Services or any functionality, or any damages resulting therefrom. We reserve the right to modify, suspend or discontinue all or any part of our Services at any time for any reason without liability to you.
9. REFUNDS AND CANCELLATION:
Users are advised to exercise due caution and care before making payment for any subscription, products or services as the fees for such subscription, services and products is NON-REFUNDABLE and the Company shall not process any requests for any refunds except as mentioned in the Refund Policy:
- We offer a refund only under circumstances if we stop providing you with services for reasons not attributed in this Terms or any of our Policies.
- Please contact us at email@example.com in case you face any issues with our services or products. We will assist you to the fullest.
- If your issues cannot be resolved by our team then we will issue you a refund and you will not be entitled to a refund from us under any other circumstances.
- Refund will be issued within the 7 days of your purchase. The refund request will not be entertained after the 7th day. All the recurring plans Monthly, Yearly & Quarterly are applicable in our 7 Days money-back policy.
- No Refund would be given if (7 Days Refund policy will not be applicable under the below circumstances) :
- Your account is suspended because of any suspicious activities or due to spamming issues.
- Under any condition, refund will not be processed for Pabbly Suite.
- The plan is purchased under any special deal or discounted price.
- You purchased the Pabbly applications accidentally and later realize that it is not the one that you wanted.
- If after purchasing Pabbly, you realize that you want a similar software.
- If you ask for a feature that is not available in Pabbly, we will do all the possible things with your cooperation and try to implement them wherever possible. All the features that are available in Pabbly are mentioned on the sales page itself.
- In certain circumstances where we do not have any plans for launching that specified feature, we may deny the feature request. A refund won’t be possible in such a case since it is not a bug in the product, rather it’s a customer’s specific requirement.
In the case of Pabbly Email Verification service, if there is any glitch with processed results, then we will do all the possible things to solve the concern. But if it is time-consuming and needs more processing, then in exchange we will allocate the full email credits.
- We offer a refund only under circumstances if we stop providing you with services for reasons not attributed in this Terms or any of our Policies.
10. Refund policy for new LTD customers –
- We will refund the subscription amount to the new LTD customers in 30 days.
- Refund is possible when –
- The LTD plan of Pabbly Subscriptions is purchased between 01 Feb 2019 to 08 Feb 2019
- Requests for the refund will be raised within 30 days from the purchase date. The refund request will not be entertained after 30 days for LTD customers.
- A valid reason should be given for getting a refund.
- Refund policy for the recurring customers –
- We provide a refund to the recurring customers within 7 days of the purchase.
- Refund request will not be entertained after the 7th day of the purchase day.
11. AFFILIATE TERMS AND CONDITIONS
Promote Pabbly Subscriptions and stand a chance to earn up to 50% recurring commission on every sale. Following are the details regarding the Affiliate process for interested referrals.
- You will get affiliate commission only when the lead becomes a customer. We don’t offer commission for signups & clicks.
- The commissions are paid out only after they are approved.
How much money will I earn through your affiliate program?
You will get up to 50% recurring commission on every sale you bring to us (Applicable to all recurring membership plans).
- Get 30% Commission for 1-10 sales
- Get 40% Commission for 11-20 sales
- Get 50% Commission for more than 20 sales
- Get recurring commission on all active sales as long as the customer stays with us.
When will I receive my Affiliate Commissions?
Commissions will be paid once a month for all the previous month’s sales, via the Paypal. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 40 days.
Can I earn commissions on my own purchases?
You will not receive credit when purchasing a membership package through your own affiliate link. You may receive an automatic notification from Pabbly Subscriptions to let you know that a sale has taken place, but your affiliate payments will not include this amount.
The commission will not be generated if the custom domain of the affiliate and end-user will be the same.
What is Cookie Period?
When a user referred by the affiliate link provided by us & made a purchase of any of our product then you will get the affiliate commission for that sale. We follow a 30 days cookie period for this.
Approval & Disapprove Of Commission
We reserve the right to approve or reject ANY of your affiliate commission on the following basis. You will have no legal recourse against us for the rejection of your affiliate commission.
Approve: The commissions are approved only when the user is still using our service and has an active account. This is subjected to any of our free trial periods or 40 days after the sale has been made.
Disapprove: We disapprove of the commission when the referred client’s account is subjected to any refunds/cancellations or violates our terms and conditions.
What is the payout period?
We follow a 40 days payout period. That is, you will get a commission for those purchases which sustains for at least 40 days. To ensure this, we’ll review whether that user is active for the next 40 days from the date of purchase. In case, if he/she asked for a refund or discontinue to use our product in payout days then we’ll not be obliged to offer affiliate commission on that sale.
12. ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
- Our website reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our website. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.
- You acknowledge and undertake that you are accessing the services on the Website and transacting at third party websites at your own risk and are using your best and prudent judgment before making any purchases through those third party websites. We shall neither be liable nor be responsible for any actions or inactions of manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
13. YOU AGREE AND CONFIRM:
- That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment.
- It is possible those other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
Incase of Pabbly Email Marketing application, you agree to following terms –
- If you intend to send emails via “Pabbly Send With Us” SMTP, then initially you will have email sending limit 500 emails per day. Our email compliance team will then check your email campaign stats, and will gradually increase your email sending limit. Note that if your email campaign results are not good, we may deny an increase in email sending limit or can be suspended “Pabbly Send With Us” SMTP also.
- Spam and bounce list will never be provided to you in any case. The subscribers that get added to the spam and bounce list will also be counted in your subscriber plan. Please note that in case you import subscribers in spam, bounce and unsubscribe list from your end, then those subscribers will not be counted in your subscriber plan.
- You will be allowed to only remove/delete 50% of subscribers per month as per your subscribed plan. Like if you purchase a 10K subscriber plan, then you will be allowed to delete/remove 5K subscribers once in a month. This policy is valid for all plans of Pabbly Email Marketing.
- If the spam reports for your email campaigns is above 0.1%, then we might have to suspend “Pabbly Send With Us” SMTP associated with your Pabbly account.
- If we record bounce reports for your email campaigns above 8%, then we might have to suspend “Pabbly Send With Us” SMTP associated with your Pabbly account.
14. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws.
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- The content of the website should not belong to Casino, Cannabis, Money related, Dating, Gaming, Pills and Pharmacy associated.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months or to modify or discontinue our site, services.
15. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
- We may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
16. REVIEWS, FEEDBACK, SUBMISSIONS:
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
- Our website does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
17. COPYRIGHT & TRADEMARK:
- Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of www.pabbly.com or any third party’s intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
- Pabbly names and logos and all related product and service and our slogans are the trademarks or service marks of Pabbly. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by laws of India. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by the laws of India.
- If you learn of any unlawful material or activity on our website or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- Notices regarding our website should be sent to firstname.lastname@example.org, email@example.com.
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to our website:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
20. DISCLAIMERS AND LIMITATION OF LIABILITY:
- The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
- The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Website, Services, and tools;
- Delays or disruptions in our Website, Services, or tools;
- Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- A suspension or other action is taken with respect to your account; and
- To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO ANY VALUE PAID BY YOU. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
- Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, misdelivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
21. CUSTOMER DATA:
- We do not own any of your data, information, and materials or the data, information and materials of your authorized users and customers that you or your authorized users post or upload to our Services (“Customer Data”). As between Pabbly and you, you retain title to and ownership of all right, title and interest in your Customer Data. By using our Services, you grant us a limited license to access, disclose the process, transmit and use your Customer Data for performing our Services to you and for complying with these Terms. Following any expiration or termination of these Terms or your Pabbly account, we will retain a copy of your Customer Data for 30 days and after such 30-day period; we will have no obligation to maintain or provide access to your Customer Data and will thereafter unless legally prohibited, delete all Customer Data in our possession. You agree that you are solely responsible for exporting your Customer Data prior to any such expiration or termination, and if you require assistance for exporting your Customer Data following any such expiration or termination, you may be required to pay a separate fee to us.
- We may use (but not disclose) data collected regarding your use of our Services for our internal business purposes, including for creating anonymous, aggregated and otherwise non-personal data. We may freely use and make available such anonymous, aggregated and otherwise non-personal data regarding the use of our Services for our business purposes. We will ensure that this anonymous, aggregated and otherwise non-personal data cannot identify you or your customers and can in no way be specifically associated with you or any of your customers.
- In case you’re using Pabbly for email verification, we will remove all the data and reports from your account that are older than 15 days from the moment when the verification process was finished.
22. GOVERNING LAWS AND JURISDICTION:
- This User Agreement shall be construed in accord with the applicable laws of India regardless of your physical location.
- The Courts at Bhopal have exclusive jurisdiction in any proceedings arising out of this agreement.
23. DISPUTE RESOLUTION:
- A ‘Dispute’ can be defined as a disagreement between you and us on the Website.
- In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- The venue for arbitration shall be India and the seat of Arbitration shall be Bhopal and the language used for arbitration shall be English.
- The award of the arbitration shall be binding on both, you and us.
- The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
24. SITE SECURITY:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
- By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
- You acknowledge that all contracts, notices, information, and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
27. LEGAL COMPLIANCE:
- In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances, and regulations regarding your use of our services. Notwithstanding the successful conclusion of a transaction, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
- You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in India and all other countries.
- You should comply with country, state and federal regulations.
28. LINKS TO OTHER WEBSITES:
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and does not control and is not responsible for any of these Websites or their content.
We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this site, you do this entirely at your own risks.
29. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.
- You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
32. FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:(a) acts of God;(b) natural disasters;(c) sabotage;(d) accident;(e) riot;(f) shortage of supplies, equipment, and materials;(g) strikes and lockouts;(h) civil unrest;(i) Computer hacking; or(j) malicious damage.
33. DIGITAL SIGNATURE:
- By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgment that you are able to electronically receive, downloads, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in the paper form.
- By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
34. ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
35. CONTACT US:
For any further clarification of our Terms and Conditions, please write to us at firstname.lastname@example.org.