Terms of Use

1. INTRODUCTION

The Site (defined hereinafter), www.letsnotify.in is owned, hosted and operated by M/s. NotifySuite Technology India Pvt Ltd.

The following terms and conditions, together with any documents referred to (“Terms of Use”) incorporated herein constitute a legally binding agreement made by and between NotifySuite Technology India Pvt Ltd, a company incorporated under the laws of provisions of Indian Companies Act, 1956 (hereinafter referred to as “the Company” or “Lets Notify” or “we” or “our” or “us” and its successors and assigns) and whether personally or on behalf of an entity or any person (hereinafter referred to as “you,” “your” or “yourself” or “user”), concerning your access to and use of the “www.letsnotify.in” website/application as well as any other media form, media channel, mobile website related linked, or otherwise connected thereto (collectively, the “Site”).

The Site provides an online facility to send push notifications and growth campaigns to your users. In order to make the Site a secure environment, all users are required to accept and comply with these Terms and Conditions.

2. USING OUR SERVICES

The Terms of Use contained herein along with the Privacy Policy (captured under a separate link), form an agreement regulating the relationship with regard to the use of the Site. These Terms of Use constitute a legally binding agreement between you and the Company and shall govern the use of the Site. You shall be required to read and accept these Terms of Use for availing the services. Therefore, it is clarified that use and access of the Site by the user constitutes an acknowledgement and acceptance by the user of these Terms of Use.

The Company reserves the right to revise and update these Terms of Use at any time and for any reason in its sole discretion, by posting changes at www.letsnotify.in (or another URL that the Company may provide from time to time). You are expected to keep yourself updated with these Terms of Use. You will be subject to and will be deemed to have been made aware of and kept up to date of such revised Terms of Use. If You do not agree to the modified Terms of Use, you should discontinue use of the Site and/or Services.

3. SERVICES TO BE OFFERED BY THE SITE

The Company offers a platform that facilitates Push Notifications, Segments, Capture Forms, exit-intent Pop-ups, SMS, and Link-in-Bio features (“Services”) by or through www.letsnotify.in (applicable to all integrated website profiles and mobile applications) to its end users i.e. “Consumers”. The Terms of Use set out hereof, exclusively regulate the offer, transmission and acceptance of Services offered by the Site between the user of Site and the Company.

However, use of the Site, supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

4. ELIGIBILITY TO USE SITE

For availing the facilities provided herein, you shall comply with the eligibility criteria before using the facilities provided by the Site.

The use of the Services is available only to the Person (defined hereinafter) who can form a legally binding contract as per your local laws or under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of respective local laws including minors, un-discharged insolvents etc. are not eligible to register on the Site or use the Services.

The Company reserves rights to reject or grant access to a new user or terminate the access of existing user(s), at any time without prior intimation and without cause.

In general, a Person who has attained the age of 18 (eighteen) years is not considered a minor. However, we advise to check your local laws to comply with the provisions.

5. SIGNUP / REGISTRATION

You shall be required to register on the Site, which shall be made available only to person(s) who meet or fulfill the eligibility terms as specified herein.

The registration process enables You to access the Services or use the Services. You shall be required to register on the Site by providing username, email address, name, cell-phone number, password, et al. You shall be requested to upload or provide an identity proof at the time of registration or thereafter in order to comply with the legal provisions of the respective jurisdiction.

You shall be responsible for maintaining the confidentiality of your username, display name, and password and for all activities that occur under or from your account. You agree and acknowledge that you will provide accurate, complete and updated information in order to register on the Site to use the Services.

You further covenant that if any information is found untrue, inaccurate or incomplete or the Company identifies reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in line with the Terms of Use, the Company shall have the right to forthwith suspend or terminate or block access of your account and refuse to provide the access to the Site.

6. REPRESENTATIONS

User Representations

By using the Site, you represent and warrant that:

• All registration information will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms of Use.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Site through automated or non-human means, whether through a script, scraper, or otherwise.
• You will not use the Site for any illegal, unauthorized, or unlawful purpose.

You shall not use the Services in a manner that:

• Infringes or violates the intellectual property rights or any other rights of any third party.
• Violates any law, statute, or regulation.
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or objectionable.
• Attempts to obtain the password, account, or other security information from another user.
• Violates the security of any computer network or cracks security/encryption codes.

Company’s Representations

• It is duly incorporated under the law and has the full power, right, and authority to execute this arrangement and perform its obligations.
• It has obtained all necessary approvals, consents, sanctions, or authorizations required to enter into and perform these Terms of Use and no other approvals or authorizations of any regulatory authority or any other person are required.
• The Site and all Services made available to you through this Site are provided on an "as is" basis without any representations or warranties except otherwise provided in writing.
• You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon and agrees not to hold the Company liable from any errors, omissions, or misrepresentations contained within the Site’s content.
• Notwithstanding anything contained herein to the contrary, the Company does not represent and warrant the safety, effectiveness, adequacy, accuracy, availability, or legality of any of the information contained or displayed on the Site or offered through the Site.

7. USE OF MATERIALS

Without prejudice as expressly indicated herein, the Company hereby grants you a non-exclusive, revocable (upon notice from Company), non-transferable access to view, download and print Services catalogue or any other materials available on the Site, subject to the following conditions:

• You may access and use the materials solely for own business purposes and in accordance with the Terms of Use;
• You may not modify or alter product catalogues or any other materials in which Company’s rights subsist;
• You may not remove any text, data, copyright, or trademarks contained in the Services or any other materials;

Any software that is available on the Site is the proprietary property of the Company and you shall not use, download or install the software, unless otherwise expressly permitted by the Company.

We may also collect data about the pages you visit/access, the links you click, and the number of times you access a page to optimize our delivery throughput staging.

8. PAYMENT

We intend to remain free of monetization, but due to external factors or infrastructure scale-out, if we make Lets Notify and any of our other products paid, the following conditions for payment will apply.

You agree to provide current, complete, and accurate billing information for all Services availed by you via the Site. You further agree to promptly update account and payment information, including email address, payment method, and credit card details, so that the Company can complete your transactions. All prices are exclusive of taxes, and the same will be added as per applicable local laws.

We will accept the following methods of payment:

• MasterCard (Credit/ Debit card)
• Visa (Credit/ Debit card)
• American Express (Credit/ Debit card)
• Net Banking / Electronic Bank Transfer

You hereby undertake and agree to pay all charges in advance in consideration of Services and any applicable taxes, and you authorize us to charge your chosen payment provider for any such amounts. We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received the payment.

9. INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property” shall mean and include patents, trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know-how, confidential processes, trade secrets, domain names, icons, goodwill, and any licences and permissions in connection therewith, whether or not registered, and all extensions thereof.

The information provided on the Site and the processes are our confidential and proprietary property. All text, graphics, user interfaces, visual interfaces, database schema, service code, and design (collectively, the “Content”) on the Site are owned and controlled by the Company. The trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by the Company or licensed to Company, and are protected by international copyright and trademark laws.

The Company owns all rights to the trademark “Lets Notify” and variants thereof. You hereby promise to abide by all copyright, trademark, and other intellectual property rules and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, license, sell, or otherwise exploit Content for any purpose without the prior written consent of the Company.

THE COMPANY RESERVES ALL RIGHTS EXPRESSLY GRANTED TO YOU IN AND TO THE SITE, THE CONTENT AND THE MARKS.

10. CONFIDENTIAL INFORMATION

You shall be bound to comply and abide with all the Terms of Use hereof and all guidelines that may be communicated by the Company to you. You shall be bound to maintain strict confidentiality with respect to all information provided by the Company to you including but not limited to Intellectual Property. All information shall be kept strictly confidential by you and shall not, without the prior written consent of the Company, be divulged or disclosed to a third party.

You further understand and acknowledge that any disclosure or unauthorized use of Confidential Information is in violation of these Terms of Use and shall cause the Company irreparable harm. Therefore, you agree that the Company shall have the right to apply to a court of competent jurisdiction for an injunctive order restraining any such further disclosure, in addition to any other remedies available at law or in equity.

11. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than the use or avail the benefits of the Services. The Site may not be used in connection with any commercial endeavors (except those that are specifically endorsed or approved by the Company) including but not limited to:

• Systematically retrieving data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from the Company.
• Making any unauthorized use of the Site, including collecting usernames and/or email addresses of the users by electronic means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Making improper use of our support services or submitting false reports of abuse.
• Defrauding, cheating, or misleading us and other users, especially in any attempt to hack sensitive account information such as passwords.
• Engaging in unauthorized framing of or linking to the Site.
• Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
• Selling, sharing, or otherwise transferring your profile or account.
• Using any information obtained from the Site in order to harass, abuse, or harm another person.
• Using the Site as part of any effort to compete with the Company.
• Decompiling, disassembling, deciphering, or reverse engineering any of the software comprising or in any way making up a part of the Site.
• Copying or adapting the Site’s software, including but not limited to Flash, PHP, HTML, CSS, JavaScript, or other code.
• Uploading or transmitting viruses, Trojan horses, spyware, malware, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use of the Site.

12. CONTRIBUTION LICENSE

By posting your contributions in the form of reviews, comments, or feedback to any part of the Site (collectively, the “Contributions”) or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, disclose, sell, resell, publish, broadcast, publicly perform, publicly display, reformat, translate, transmit, and distribute such Contributions (including your brand image and assets) for any purpose, including commercial, advertising, and marketing endeavors.

This license will apply to any forms, media, or technology now known or hereafter developed. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. The Company has the right, in its sole discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize Contributions; and (3) to pre-screen or delete Contributions at any time without notice.

13. GUIDELINES FOR CONTRIBUTIONS

We may provide you areas on the Site to leave Contributions. When posting reviews, feedbacks, or comments, you must comply with the following criteria:

• You should have firsthand experience with the person/entity or campaign being reviewed;
• Your Contributions should not contain offensive profanity, abusive, racist, offensive, or hate language;
• Your Contributions should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
• Your Contributions should not contain references to illegal activity;
• You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove Contributions in our sole discretion. We have absolutely no obligation to screen Contributions or to delete reviews, and we do not assume liability for any review or for any claims, liabilities, or losses resulting from them.

14. SOCIAL MEDIA INTEGRATION

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by providing Third-Party Account login details, or allowing us access in compliance with applicable third-party terms. You represent and warrant that you are entitled to disclose your Third-Party Account login info without breach of agreement.

By granting us access, you understand that we may access, make available, and store any content that you have provided to your Third-Party Account (the “Social Network Content”) so that it is available via your account on the Site. Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with them.

You can deactivate the connection between the Site and your Third-Party Account by contacting us at hello@letsnotify.in.

15. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, advice or other information regarding the Site ("Submissions") provided by you are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without providing any acknowledgment or compensation to you. You agree there shall be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

16. SITE MANAGEMENT

The Company holds and reserves the right, but not the obligation, to:

• Monitor the Site for violations of these Terms of Use;
• Take appropriate legal action against anyone who, in our sole discretion, violates applicable laws or these Terms of Use, including reporting such users to law enforcement authorities;
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
• Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
• Manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

17. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify the Company at hello@letsnotify.in (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material. Please be advised that pursuant to applicable laws you may be held liable for damages if you make material misrepresentations in a Notification.

18. TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. The Terms will continue to apply until terminated by either you or the Company as set forth below.

If you want to terminate your agreement with the Company, you may do so by not accessing the Site or closing/deleting your account. You can write to hello@letsnotify.in for account and data deletion.

Without limiting any other provision of these Terms of Use, the Company reserves the right to, at its discretion and without notice or liability, deny access to or use of the Site (including blocking certain IP addresses) to any person for any cause or for no cause, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. If your account is terminated, your sole right is to discontinue accessing the Site. In case of termination, you will immediately return all proprietary information of the Company.

19. MODIFICATIONS AND INTERRUPTIONS

The Company reserves the right to change, modify, alter, or remove the contents of the Site at any time or for any reason at its sole discretion without notice. However, we have no obligation to update any information on our Site. The Company also reserves the right to modify or discontinue all or part of the Services without notice at any time.

The Company will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times as we may experience hardware, software, or other technical maintenance issues resulting in interruptions, delays, or errors. You agree that the Company has no liability whatsoever for any loss or inconvenience caused by your inability to access or use the Site during any downtime.

20. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR RISK. THE COMPANY MAKES NO WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY THE COMPANY AND WAIVED BY YOU.

For greater certainty, the Company does not make any guarantee that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in technology introduced in the Services including but not limited to servers, networks, programming and other related technology that could result in the loss of your business, profits, privacy, confidential information and property.

21. GOVERNING LAW AND DISPUTE RESOLUTION

All disputes, differences relating to these Terms of Use, its enforceability or its termination under these Terms of Use and your use of the Site or any interpretation thereof are governed by and will be construed under the laws of India, without regard to its conflict of law principles, thereof, unless prohibited by law.

Any legal suit, proceedings or action of whatever nature arising out of, or related to, these Terms of Use or the Site, brought either by you or the Company (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the courts of Bangalore (India), and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction.

THIS GOVERNING LAW CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THE TERMS OF USE.

22. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, omissions or mistakes, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, omissions or mistakes and to change, modify, alter or update the information on the Site at any time, without prior notice.

23. NOTICES

Any notices, requests, complaints, queries, demands and any other communications required or permitted to submit in relation to above or any other circumstances that arise due to the use of the Site or under these Terms of Use shall be communicated at hello@letsnotify.in.

User understands that there may be instances of difficulty in accessing or receiving said notices and the Company will not be responsible in any case if any email or replies to the user’s notices, requests, complaints, queries or demands, in any case, if not delivered or if user do not see the email or reply or if user has given us an incorrect email ID.

24. INDEMNIFICATION

You hereby agree and undertake to indemnify and keep indemnified the Company and its representatives against all claims, demands, damages, penalties, costs or expenses of any kind which may arise against or be incurred by the Company (including reasonable attorney’s fees and expenses) to the extent of direct and actual loss and/or damages adjudicated by the competent court of law, arising as a result of:

• Any violation of these Terms of Use or Privacy Policies;
• Any act, omission, negligence or failure to comply with your obligations provided hereunder;
• Breach of representation and warranties set forth herein;
• Any harmful act toward the Company or any other user of the Site;
• Claim for any amounts in respect of loss of business, lost profits, consequential damages or punitive damages caused to you due to any error(s) or bug(s) in the technology.

25. LIMITATIONS OF LIABILITY

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE SERVICE AMOUNT PAID IN PRECEDING SIX (6) MONTHS BY YOU TO THE COMPANY.

IN NO EVENT THE COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OFFICERS OR VENDORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST OF PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby waive all and any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. MISCELLANEOUS

The Company may assign, in whole or in part, its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any term or provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions thereof or the whole of the Terms of Use, but such term or provision will be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the Terms of Use of the parties herein set forth.

The relationship between the Company and You shall be that of an independent contractor, and nothing herein should be construed to create a partnership, joint venture, or employer-employee relationship.

The Company shall not be stood to perform under these Terms of Use as a result of occurrence of any Force Majeure events like acts of God, fire, wars, civil unrest, change in laws, rules and regulations or any other events affecting the performance of the Company.

These Terms of Use constitute the entire agreement and understanding of the between the Company and You and shall supersede any prior understanding or representation of any kind preceding the date of the Terms of Use.

You agree that these Terms of Use will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

You can contact our Customer Care for any information or help on hello@letsnotify.in. The Company to the best of its abilities will try to resolve Your query.