Pursuant to providing you Software as a Service(SaaS) these Terms of Service (“Terms”) apply to your access to and use of the websites and mobile application, including email marketing services, review and message boards, and various other message communication applications (collectively, our “Services”) provided by Logic Fusion Pvt. Ltd., a private limited company incorporated as per the Companies Act 2013, having its registered place of business at 1st Floor, Kapil Center, Sevoke Road, Siliguri – 734001, West Bengal, India (“WowSender”, “we”, or “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms, and to use our Services.
THESE TERMS OF SERVICES (“TERMS”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SERVICES DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE.
THESE TERMS OF SERVICES IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND WOWSENDER (BOTH TERMS DEFINED BELOW). THESE TERMS OF SERVICES WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND WOWSENDER FOR THE USE OF SERVICES (DEFINED BELOW).
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service.
Our Services may allow you and other users to create, post, store, and share marketing, communications, or other content, including, but not limited to, email, text or SMS messages, photos, videos, software, and other materials (collectively, “Marketing Content”). Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and WowSender. You grant WowSender a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services. As a part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. You may not create, post, store, or share any Marketing Content that violates these Terms, or for which you do not have all the rights necessary to grant us the license described above. When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“Contact Data”). We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. In compliance with Information Technology Act, 2000, We do not disclose Contact Data to third parties, except as follows:
- We may share Contact Data with our third-party service providers to provide our Services or administer the site.
- We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial summons, warrants, or orders.
You agree to use the Service solely for your commercial and business use. In any event, however, you agree not to transfer or resell the Service, in whole or in part, to any third party, or allow unauthorized access to the Service, by any third party. You agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Service for any purpose.
We are not, in any way, responsible for the configurations that you create using the Service, and their results and implications on your applications, software, systems, and hardware, and the applications, software, systems, and hardware of your users.
We are not responsible for any delays, delivery failures, security failures, or any other loss or damage resulting from the storage or transfer of data over communications networks and facilities, including the internet, and to the performance of any third-party communication or storage provider used by you or by your organization. You hereby acknowledge that the use of the Service may be subject to interruptions, limitations, delays, and other risks associated with the use of such storage and communications facilities.
2. Accounts; Account Security; Electronic Communications
In order to use the Service, you must open an account (the “Account”) and register using your email address to create a unique password.
You shall maintain your Account, and shall be exclusively responsible for safeguarding and maintaining the confidentiality of the password. You guarantee that any information you provide in connection with your registration is current, complete, and accurate.
You may not permit any third party to use your Account and you may not grant access to any third party to your Account. You are solely responsible for the conduct of any party that uses your Account, whether or not authorized by you.
3. Subscriptions and Payments
When you sign up for our Services, you agree to a recurring subscription contract with WowSender on a monthly, quarterly, half-yearly, OR annual basis that you select when signing up for the Services and shall automatically renew for additional periods equal to the original initial term specified in your Account.
If you elected not to renew the Service, you need to cancel the subscription through our designated web interface. WowSender will send an automated confirmation email to let you know that your cancellation request has been successfully processed. If you do not receive a confirmation email, please contact firstname.lastname@example.org as soon as possible. The Fees (as such term defined below) during any such renewal term shall be the same as that during the prior term unless we have given you written notice of a pricing change atleast 30 days before the end of such prior term, in which case the pricing change shall be effective upon renewal and thereafter.
If you continue to access or use the Service past any subscription term renewal date, you shall be deemed to have renewed your subscription to the Service for the corresponding renewal period and shall be liable to pay all applicable Fees in connection with such renewal period.
In consideration for the Service, you shall pay us all fees designated in the Account (the “Fees”).
You agree to promptly notify us of any changes to your billing information. In case you pay with a credit/debit card, you authorize us to charge your credit/debit card on a recurring basis for all applicable Fees and to store your credit/debit card information on third parties’ payment processing provider’s servers. All amounts are payable in advance, on the date of the invoice. Your payment may be processed through a third-party payment processing service, and additional terms may apply to such payments. We currently engage a third party, for online payment processing services, and in addition to these Terms, you agree that such third party terms and conditions shall apply to your online payments of the Fees. We reserve the right to use other third-party payment processing services for such purposes in the future.
4. Intellectual Property and License
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “WowSender’s Content”) are owned by or licensed to WowSender and are protected under Trademark Act,1999 and Copyright Act,1957. Except as explicitly stated in these Terms, WowSender and our licensors reserve all rights in and to our Services and the WowSender Content. You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and WowSender Content for (i) your own personal use or (ii) if you are a business or organization, to communicate about your business or organization with your Contacts. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or WowSender Content; (b) copy, reproduce, distribute, publicly perform or publicly display WowSender Content, except as expressly permitted by us or our licensors; (c) modify the WowSender Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or WowSender Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or WowSender Content other than for their intended purposes. Any use of our Services or WowSender Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
5. Third-Party Material
The Service may contain software or other materials provided by third parties (including “open source” software) (“Third Party Materials”). Use of such Third Party Materials shall be governed by the license agreements specific to each such Third Party Material, provided, however, that in addition to any terms and conditions of any third-party software license as set forth in our webpage, and without derogating from such terms, the disclaimer of warranty and limitation of liability set forth herein shall apply to all software. If the Service contains any software provided by third parties not noted in our webpage, the restrictions contained in these Terms shall apply to all such third party software providers and third-party software as if they were Logic Fusion Pvt. Ltd. and the Service, respectively. By using the Service, you agree to the licenses that apply to any Third Party Materials.
6. Prohibited Use
You may not, and may not permit or aid others to:
- use the Service for any purpose other than the purpose explicitly set forth in these Terms;
- copy, alter, translate, emulate, create derivative works based on, or reproduce the Service;
- modify, publish, sell, distribute, assign, pledge or transfer (by any means), display, sublicense, rent, lease, or otherwise share the rights granted under these Terms;
- reverse engineer, de-compile, modify, revise or disassemble the Service or any part thereof, or extract source code from the object code of the Service, or access the Service in order to build a competing product or service;
- bypass any measures we may use to prevent or restrict access to the Service, and/or take any action intended to circumvent or disable the operation of any security feature or measure of the Service;
- access the Service via any means other than through the interface provided by us, or via automated means, including by crawling, scraping, caching, or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent);
- use the Service in any manner that is illegal or not authorized by these Terms;
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our service providers’) infrastructure;
- infringe your organization’s internal policies, guidelines, and procedures;
- provide any information, including any email addresses or telephone number of friends or team members, if you do not own or have permission to provide us with such information;
You agree to be identified as a customer of WowSender and that WowSender may refer to you by name, trade name, trademark, logo, and other proprietary marks or words, and may describe your business, in our marketing or publicity materials, on our website, and in press releases or other public statements. You hereby grant WowSender a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos, and other proprietary marks or words pursuant to this Section.
8. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify WowSender’s Designated Agent as follows:
Designated Agent – Operations Head
Address – 1st Floor, Kapil Center, Sevoke Road, Siliguri – 734001, West Bengal, India
Telephone Number – +91.97330.30000
E-Mail Address – email@example.com
Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless the WowSender and its affiliated entities, and their employees, contractors, officers, directors, agents, and representatives, from any claim or demand, including reasonable attorneys’ fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party (even while using your password), including, without limitation, any claim by your own users. This Indemnification section of the Terms survives termination of your account with the Service or of your use of the Service.
10. Force Majeure
Without derogating from any other provision limiting our responsibilities, we will not have any liability if we are prevented from or delayed in performing the Service, or otherwise from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, pandemic, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm (“Force Majeure Event”). If a Force Majeure Event prevents, hinders, or delays our performance of the Service for a continuous period of more than thirty (30) days, you, as your sole remedy, may terminate the Service immediately by a written notice.
These Terms do not, and shall not be construed, to create a joint venture, agency relationship, employment, or partnership between us. These Terms do not confer any rights on any person or a party other than you and us.
WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY MARKETING CONTENT, THIRD-PARTY CONTENT, OR THIRD-PARTY SERVICES MADE AVAILABLE ON OR LINKED TO BY OUR SERVICES. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WOWSENDER DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WOWSENDER ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. AS BETWEEN YOU AND WOWSENDER, YOU WILL BE SOLELY RESPONSIBLE FOR RESPONDING TO AND HONORING ALL REQUESTS RELATING TO THE RIGHTS OF YOUR CONTACTS AND THEIR PERSONAL DATA PURSUANT TO AND IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS.
13. Limitation of Liability
WOWSENDER WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES EVEN IF WOWSENDER OR THE OTHER WOWSENDER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WOWSENDER, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF WOWSENDER OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By accessing or using our Services, you consent to the processing, transfer, and storage of information about you in India and other countries, where you may not have the same rights and protections as you do under local law.
15. Governmental Law and Dispute Resolution
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of India.
You expressly agree that exclusive jurisdiction for any claim or dispute with the Logic Fusion Pvt. Ltd., relating in any way to your use of the Service resides solely in the competent courts in Siliguri, West Bengal, India.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
We may terminate or suspend your Account and access to the Service (or any part thereof) immediately, without prior notice or liability, if you breach, or fail to comply with, any of the provisions contained in these Terms. All the provisions of these Terms which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms shall not relieve you from any obligation arising or accruing prior to such termination or limit any liability which you otherwise may have to WowSender.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and WowSender relating to your access to and use of our Services. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by WowSender and shall be void. The failure of WowSender to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. This Agreement may not be assigned or transferred by you except with our prior written consent. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.