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TermsVersion Date: July 2021

These TERMS OF SERVICE (this “Agreement”) is made between Abhisms referred “Abhisms” as and you, or if you represent an entity or other organization, that entity or organization (in either case “You” or “Your”). Abhismsprovides certain services relating to the development, transmission, analysis, and management of bulk sms (BTOB) ,email messages, Voice services (the “Services”) through the web site located at www.Abhisms.in and www.abhisms.in and such other sites as may be designated by Abhisms(each, the “Site” or collectively, the “Sites”).

All access to and use of the Services available through the Site is subject to the terms of this Agreement. If You wish to access and use the publicly available portions of the Services and the Site, You may do so only in compliance with the terms of this Agreement. If You have placed or later place an order (whether through the Site, by email, phone or otherwise) with Abhisms(Your “Order”) seeking to access and use certain of the Services requiring registration, Abhismsis willing to accept Your Order and provide You with access to and use of those Services only if You comply with the terms and conditions of this Agreement.

Without limiting the foregoing, the Services are not available to individuals under the age of 18 or who do not meet any of the other qualifications included in this agreement.

PLEASE CAREFULLY READ THIS AGREEMENT. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, AbhismsIS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ACCESS OR USE THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.

This Agreement is entered into as of the earlier of the date You first submit an Order relating to the Services or first access or use the Services or a Site (the “Effective Date”). This Agreement consists of the following terms and conditions and each Order submitted by You and accepted by Abhisms, each of which is incorporated in and made a part of this Agreement. Unless otherwise amended as provided herein, this Agreement will exclusively govern Your access to and use of the Services and the Sites and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Services and the Sites. Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Abhisms reserves the right, at any time, to change or modify the Site, Services, or this Agreement, by making such change or modification available on the Site or by providing other notice to You. Any such change or modification will be effective 30 days after posting on the Site or such other notice. As applicable, You will be deemed to have agreed to such change or modification through Your continued use of the Site or Services.

1. Definitions

Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted within the United States.

2. Orders And Confirmation

All Orders placed by You will be governed by the terms of this Agreement. Abhisms will confirm Your Order either through the Site at the time you submit Your Order or by providing You with access to the Services (each, a “Confirmation”). If the terms of any Order conflict with the terms of any Confirmation of that Order, the terms of the Confirmation will govern and control with respect to the Services provided to You. This Agreement will govern and control the terms of each Order and Confirmation under this Agreement. By accessing or using any of the Services, You agree to be bound by the terms of this Agreement and each applicable Order and Confirmation with respect to those Services.

3. Term

This Agreement will be effective upon the Effective Date. If You have ordered a trial subscription to the Services or a subscription to any free Services, as indicated in an applicable Order or Confirmation (a “Trial/Free Subscription”), then the term of this Agreement will continue for the period of the Trial/Free Subscription indicated in the applicable Order or Confirmation and will thereafter expire unless You place an Order for a non-trial subscription to the Services prior to the completion thereof. If You have ordered a non-trial subscription to the Services, then the term of this Agreement will continue for the initial period stated in the applicable Order or Confirmation for the Services and will thereafter automatically renew for successive additional periods of equal duration. If no initial period is stated in the applicable Order or Confirmation for the Services, this Agreement will continue for an initial period of 12 months and will thereafter automatically renew for successive additional 12-month period. Unless terminated as set forth herein, the term of this Agreement will continue to renew until You notify Abhisms that You do not wish to renew the Agreement at least 30 days prior to the end of the then-current period. In all other cases, the term of this Agreement will continue until terminated as set forth herein.

4. Subscription

Subject to this Agreement, during the term of this Agreement Abhisms will provide You with a limited subscription to access and use the Services subject to Confirmations under this Agreement, solely for Your own use in connection with your own business purposes. Your rights to access and use the Services are personal, non-exclusive, non-transferable and non-sublicensable. You understand that Abhisms may from time to time, in its sole discretion, update, change, revise, suspend or discontinue the Services (or any portion thereof) with or without notice.

5. Access To The Services

Upon Confirmation of Your Order by Abhisms, the rights granted to You under this Agreement entitle You to access the Services through accounts (each, an “Account”). You will be provided with a user identification and password applicable to each Account You have purchased (each such user identification and password, an “Account ID”). Each Account ID is personal in nature and may be used only by You or, if You are an organization, by designated employees within Your organization or contractors who are contractually required to comply with the terms of this Agreement (such individual, as applicable, the “User” of the Account). You are solely responsible for all use of the Services by each User and for compliance by each User with the applicable terms of this Agreement. You will ensure the security and confidentiality of each Account ID and will notify Abhisms immediately if any Account ID is lost, stolen or otherwise compromised. You acknowledge that You are fully responsible for all costs, fees, liabilities or damages incurred through use of each Account ID (whether lawful or unlawful) and that any Services ordered or transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In no event will Abhisms be liable for the foregoing obligations or the failure by You to fulfill such obligations. You will be solely responsible, at Your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for You and each User to connect to, access, and use the Services and the Sites.

6. Applicable Policies

In addition to the terms of this Agreement, Your access to and use of the Site and Services is subject to Abhisms’s then-current policies relating to the Site and Services, including, without limitation, the Abhisms . You are responsible for compliance with these policies and all other Abhisms policies applicable to the access and use of the Services posted to the Site or provided through Services.

7. Software

Any software or code available on or for download through the Site or Services (“Software”) is protected by Intellectual Property Rights (IPR, as defined below). Unless otherwise expressly stated in a license or other agreement separate from this Agreement that You may have entered into (or may enter into) with Abhisms relating to any Software (each such license or other agreement, a “Software License Agreement”), Abhisms grants you a limited, non-exclusive right, non-transferable, non-sublicensable, license to download, install and execute the Software in accordance with the instructions provided on the Site and solely for your own business purposes in connection with Your access to and use of the Services. Except as expressly set forth in the foregoing sentence (or any applicable Software License Agreement), You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software or any IPR therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of Abhisms. Except as set forth in this Agreement, any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement.

8. Third-Party Services

The Services may include services developed, provided, or maintained by third-party service providers (“Third-Party Services”). In addition to the terms of this Agreement, Your access to and use of any Third-Party Services is also subject to any other agreement separate from this Agreement that You may enter into (or may have entered into) relating to those Third-Party Services (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to the terms of this Agreement. Except as set forth in this Agreement, the terms of any Third-Party Service Agreement will control in the event of a conflict between the terms of this Agreement and that Third-Party Service Agreement. All other Third-Party Services will be subject to the terms of this Agreement. Third-Party Services may be subject to additional Fees as set forth on the Site. Notwithstanding the terms of any Third-Party Services Agreement, Abhisms may change, modify or discontinue any Third-Party Service at any time and without notice to You. Except as expressly set forth in this Agreement or any Third-Party Service Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Third-Party Services.

9. Restrictions

You acknowledge that the Services, Sites, Software, and the databases, software, hardware, and other technology used by or on behalf of Abhisms to provide the Services and operate the Sites (the “Technology”) and their structure, organization, and underlying data, information and source code constitute valuable trade secrets of Abhisms. You will not, and will not permit any third-party to: (1) access or use the Services or the Sites, in whole or in part, except as expressly provided in this Agreement; (2) use the Site, Services or any Software to harvest or collectemail /SMS/VOICEaddresses or other contact information of third parties by any means for the purposes of sending unsolicited email /SMS/VOICE or other unsolicited communications; (3) use the Site, Services or any Software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services; (4) use automated scripts to collect information from or otherwise interact with the Site, Services or any Software; (5) use the Site, Services or any Software to intimidate or harass any other people or entities; alter, modify, reproduce, create derivative works of the Services, Technology, or any Software; (6) distribute, sell, resell, lend, loan, lease, license, sub-license or transfer any of Your rights to access or use the Services or any Software, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Services or any Software, or access thereto, available to any third-party; (7) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Site, Services, Technology or any Software; (8) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Sites, Services, Technology, or any Software; or (9) interfere in any manner with the operation or hosting of the Sites, Services, Technology or any Software, or attempt to gain unauthorized access to the Sites, Services, Technology or any Software. (10) You may not attempt to probe, scan, penetrate or test the vulnerability of a Abhisms system or network, or to breach the Abhisms security or authentication measures, whether by passive or intrusive techniques. You will not allow any access to or use of the Services by anyone other than Your authorized Users, and any such use will be consistent with the terms, conditions and restrictions set forth in this Agreement.

10. Fees And Payment

You agree to pay Abhisms all fees set forth in each Order or Confirmation and any fees otherwise specified on the Site or through the Services (“Fees”). All Fees will be billed as indicated in each Order or Confirmation. If the applicable Order or Confirmation does not specify any applicable billing terms, the initial payment of Fees specified under that Order or Confirmation for each period in Your subscription will be due and payable by You in advance on or before the Effective Date and again on or before the completion of each subsequent period under this Agreement. If You have specified credit card or direct withdrawal from a bank account as an applicable payment mechanism under this Agreement, You grant Abhisms the right to charge the credit card or debit the bank account provided to Abhisms for all Fees incurred under this Agreement. All Fees will be non-refundable once paid to Abhisms (including upon any termination or suspension of this Agreement). . Should payments be due for more 30 days or more, Abhisms reserves the right to suspend the Services until the customer resolves any outstanding dues and interest penalties.

If Abhisms requires use of collection agencies, attorneys, or courts of law for collection on Your account, You will be responsible for those expenses. You will be responsible for all use, sales, and other taxes imposed on the Services provided under this Agreement.

11. Termination

This Agreement may be terminated by Abhisms, at any time, in Abhisms’s sole discretion: (1) upon any breach by You of this Agreement that remains uncured ten (10) days after Abhisms delivers written notice to You of such breach; or (2) at any time during any Trial/Free Subscription, for any reason or no reason, upon notice to You. Without limiting Abhisms’s right to terminate this Agreement, Abhisms may also immediately and indefinitely suspend Your access to the Sites or Services, with or without notice to You, upon any actual, threatened or suspected breach of this Agreement or of applicable law or upon any other conduct deemed inappropriate or detrimental to the Services by Abhisms. Upon termination or expiration of this Agreement for any reason: (a) all rights and subscriptions granted to You under this Agreement will terminate; (b) You will immediately cease all use of and access to the Sites and Services; (c) all Fees then owed by You will become immediately due and payable; (d) You will immediately either return to Abhisms or, at Abhisms’s discretion, destroy the Abhisms Content, Account IDs, Abhisms Confidential Information, and other information related to this Agreement in Your possession or control; and (e) Abhisms may delete any of Your Content held by Abhisms within 10 days after the date of termination. Sections 6 (Applicable Policies), 9 (Restrictions), 10 (Fees and Payment), 11 (Termination and Suspension), 12 (Ownership), 14.3 (Warranties and Disclaimer: Disclaimer), 15.2 (Indemnity: By You), 16 (Limitation on Liability), 17 (Data Privacy), 18 (Confidentiality), 21 (Disputes), 22 (Governing Law) and 23 (General) will survive any expiration or termination of this Agreement.

12. Ownership

Abhisms retains all right, title and interest, including, without limitation, all IPR (as defined below), in and to the Sites, Services, Technology, Abhisms Content (as defined below), any Software, and any additions, improvements, updates, and modifications thereto. You acknowledge that You are not receiving any ownership interest in or to any of the foregoing, and no right or license is granted to You to use them apart from Your right to access the Services under this Agreement. The Abhisms name, logo and the product and service names associated with the Services are trademarks of Abhisms (or its third-party providers), and no right or license is granted to You to use them. For purposes of this Agreement, “IPR” means any and all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.

13. Abhisms Content

You will have access to certain data, information and other content through the Site and Services (“Abhisms Content”). Unless otherwise noted on the Site, as between You and Abhisms, all Abhisms Content is owned by Abhisms. Subject to this Agreement, each User may: (a) access the Abhisms Content (without modification) solely for Your own business purposes in connection with Your use of the Services; and (b) distribute the Abhisms Content (without modification) as incorporated into email /SMS/VOICE generated and sent by You through the Services. Except as expressly provided in this Agreement, You will not, and will not permit any User to: (i) alter, modify, reproduce, or create derivative works of the Abhisms Content; (ii) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer the Abhisms Content, including, without limitation, providing outsourcing, service bureau, commercial hosting, application service provider or on-line services to third parties; or (iii) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with the Abhisms Content. Certain of the Abhisms Content includes or is based on data, information and content from independent third-party providers (“Third-Party Content”). Abhisms uses commercially reasonable measures to ensure that the Third-Party Content is reliable, but Abhisms has no independent basis to verify or contradict the accuracy or completeness of the Third-Party Content and will not be responsible for any erroneous Third-Party Content provided through the Services.

Your Content. You will be solely responsible for all data, information and other content provided by, or collected or obtained from, You or any of Your Users through the Services, including, without limitation, all personally identifiable information relating to You or any of Your Users, customers, service providers, employees, contractors or agents (“Your Content”). You grant to Abhisms all necessary rights and licenses in and to Your Content necessary for Abhisms to provide the Services under this Agreement. As between You and Abhisms, You retain all of Your rights in and to Your Content and do not convey any proprietary interest therein to Abhisms other than the licenses set forth herein. You represent and warrant that none of Your Content violates this Agreement or the email /SMS/VOICE Policy or Privacy Policy. You will maintain an adequate back-up of all Your Content and Abhisms will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of Your Content. Abhisms may take remedial action if any of Your Content violates this Agreement, provided that Abhisms is under no obligation to review any of Your Content for accuracy or potential liability. You represent and warrant to Abhisms that You have all necessary right, title, interest and consent necessary to allow Abhisms to use Your Content for the purposes for which You provide Your Content to Abhisms, including, without limitation, the delivery of any and all email /SMS/VOICE and other communications. You will defend, indemnify and hold harmless Abhisms from any and all losses, costs, damages, liabilities or expenses (including without limitation reasonable attorney’s fees) incurred or arising from any claim by a third-party arising out of or relating to Your Content or the use thereof by Abhisms in providing the Services.

14. Warranties And Disclaimer By Abhisms

Except in the case of any Services provided during a Trial/Free Subscription, Abhisms represents and warrants to You that Abhisms will use commercially reasonable efforts to maintain and verify that the Services operate in accordance with this Agreement. Abhisms’s sole obligation and Your sole and exclusive remedy in the event of any failure by Abhisms to comply with the foregoing sentence will be for Abhisms to, at Abhisms’s option, re-perform the affected Services or refund to You the fees You have actually paid for the affected Services during the month in which the failure occurred. Notwithstanding the foregoing, You remain solely and entirely responsible for Your compliance with, and will defend, indemnify and hold harmless Abhisms from and against any claims arising from any actual or alleged violation by You of any international, federal, state or local treaties, laws, rules, regulations or ordinances regarding Your use of or access to the Site or Services or regarding your business, products or services, including, without limitation, regarding data and data privacy and the transmission of electronic mail messages, whether solicited or unsolicited.

By You. You hereby represent, warrant, and covenant for the benefit of Abhisms that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; and (3) Your Content, and any other data, information or content You provide to Abhisms in connection with this Agreement and Your access to the Site and use of the Services, is correct and current.

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 14, THE SITES AND SERVICES (AND ALL ABHISMS CONTENT PROVIDED THROUGH THE SITES AND SERVICES) ARE PROVIDED TO YOU STRICTLY “AS IS” AND “AS AVAILABLE” AND Abhisms AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABHISMS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 14.

15. Indemnity

By Abhisms. Except in the case of any Services provided during a Trial/Free Subscription, Abhisms will, at its expense, defend You against any claims brought against You by a third-party that Your use of the Services in accordance with this Agreement infringes any copyright, trade secret or trademark right. The foregoing obligations of Abhisms under this Section 15 are conditioned upon You providing Abhisms with: (a) notice of any such claim within 10 days after You receive written notice thereof; (b) sole control over the defense and settlement of such claim; and (c) reasonable assistance (at Abhisms’s expense) in the defense and settlement of such claim. If You are, or Abhisms reasonably believes You may be, enjoined from using the Services, Abhisms, at Abhisms’s option and expense, may procure the right for You to continue using the Services, replace or modify the Services so that they become non-infringing, or provide You a refund of all pre-paid amounts applicable to such Services (if any) and terminate this Agreement with respect to such Services. This Section 15.1 constitutes Abhisms’s sole and exclusive liability, and Your sole and exclusive remedy, for any infringement or misappropriation of any third-party IPR by or through the Site, Services, Technology, Abhisms Content or any Software.

By You. You hereby indemnify, defend, and hold harmless Abhisms and its affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site, Services, Software, Your Content, Abhisms Content, any email /SMS/VOICE or other communication generated or sent through the Services, or any breach of this Agreement. Abhisms will provide You with notice of any such claim or allegation, and Abhisms will have the right to participate in the defense of any such claim at its expense.

16. Limitation On Liability

IN NO EVENT WILL ABHISMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITES, SERVICES (OR ANY ABHISMS CONTENT PROVIDED THROUGH THE SITES OR SERVICES), EVEN IF ABHISMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. ABHISMS’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO ABHISMS HEREUNDER IN THE 1 MONTH PRECEDING ANY SUCH INITIAL OCCURRENCE OF LIABILITY (OR, IF NO SUCH FEES HAVE BEEN PAID, $10). YOU AGREE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGE THAT ABHISMS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, ABHISMS’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Data Privacy

In respect of Your use of the Site and Services and in relation to any personally identifiable and other data and information You provide to Abhisms through the Site and Services, You expressly consent to the use and disclosure of that data and information as described in Abhisms’s then-current privacy policy displayed on the Site (“Privacy Policy”) Notwithstanding anything in the Privacy Policy, Abhisms will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Your access to the Site and Your use and operation of the Services (including, by way of example and not limitation, information relating to volumes, frequencies, recipients, bounce rates, or any other information regarding the email /SMS/VOICE and other communications You generate and send using the Services). To the extent any such non-personally identifiable data or information is collected or generated by Abhisms, the data and information will be solely owned by Abhisms and may be used by Abhisms for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You, any User or customer, or any other entity or natural person as the source thereof.

18. Data Archiving, Retention & Destruction Policy

During the contract period, Abhisms shall retain Personally identifiable information (PII), which is limited to the email address(es),SMS and voice sent on Mobile numbers for delivering emails on behalf of the customer to the intended recipient(s). Abhisms shall retain this PII data for not more than 90 days from the date of transaction, post which, the email addresses will automatically get purged.

Abhisms shall retain usage data and summary of information, for billing, audit, service improvements and responding to the customer’s queries. It is abundantly clarified that for billing, the count for the number of “emails/sms/voice sent” will only be verified against the counts available on the Abhisms platform, which is available from the service start date to the current period.

19. Confidentiality

For purposes of this Agreement, “Confidential Information” means all nonpublic information disclosed or made available under this Agreement that relates to the Technology, the provision or receipt of the Services, or either party’s technology, finances, operations, customers or business. For the avoidance of doubt, (1) the Services, Technology, and Abhisms Content are the Confidential Information of Abhisms, (2) all data regarding Your email/sms/voice recipients, including without limitation, identities and email/mobile addresses are Your Confidential Information, and (3) the data and information specified in Section 17 will not be Your Confidential Information. Each party agrees to protect the other party’s Confidential Information with the degree of care that such parties use to protect its own confidential information of like nature, but in no case less than reasonable care. Each party agrees that, except as expressly directed by the other party, it will not at any time during or after the term of this Agreement: (1) disclose any Confidential Information to any third-party; (2) permit any third-party to examine and/or make copies of any reports, documents or electronic data containing Confidential Information; or (3) use any of the Confidential Information for any reason other than for the purposes of this Agreement. Each party may disclose Confidential Information to personnel having a need to receive the Confidential Information in the performance of their duties under this Agreement, provided, however, that such personnel are informed of the confidentiality obligations hereunder and each party uses its best efforts to ensure their compliance therewith. If either party is required to disclose the other party’s Confidential Information pursuant to any statute, regulation, order, subpoena or document discovery request, it will furnish written notice of such disclosure to the other party as soon as practicable in order to afford such party the opportunity to seek a protective order and the party required to make such disclosure will reasonably cooperate in such efforts (at the other party’s reasonable expense). In the event of any conflict between the Privacy Policy and the provisions of this Section 18, the provisions of this Section 18 shall prevail.

20. Claims Of Infringement

Just as Abhisms requires users of the Site to respect the copyrights and other intellectual property rights of Abhisms, its affiliates, and other third parties, Abhisms respects the copyrights and other intellectual property rights of Users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by email to [email protected].

Please provide the following information to Abhisms’s Copyright Agent:

  • The identity and location of the infringed work, and of the allegedly infringing work;
  • Your name, address, daytime phone number, and email address, if available;
  • A statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
  • A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
  • Your electronic or physical signature.

21. Linked Sites

The Site and communications sent through the Services may contain links to third-party sites that are not under the control of Abhisms, and Abhisms is not responsible for any content on any linked site. If you access a third-party site from the Site or from a communication sent through the Services, then you do so at your own risk. Abhisms provides links only as a convenience, and the inclusion of the link does not imply that Abhisms endorses or accepts any responsibility for the content on those third-party sites. Abhisms welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Abhisms or any group or individual affiliated with Abhisms. You may not use on your site any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the Content or other materials on the Site without prior written consent.

22. Governing Law

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees. The Agreement shall be governed by the laws in India or the United States without regard to its choice or law or conflict of law’s provisions. All legal actions in connection with the Agreement shall be brought in the courts located in Mumbai, India. Any legal actions in connection with the Agreement where the client is located within the United States shall be brought in the courts located in Manhattan, New York, NY, USA.

Email/SMS/Voice Policy

Emails to the inbox are what we do, our core focus is to encourage good senders and reward them for their best email practices by not charging

This policy (“Policy”) applies to all email and other communications (“Email) generated or sent through the services provided by Abhisms (“Services”) whether through the site located at www.abhisms.in or Abhisms.in or through any other site operated by Abhisms or a Abhisms reseller, distributor, or business partner (each, a “Site”).

BY GENERATING OR SENDING EMAIL/SMS/Voice THROUGH THE SERVICES, YOU AGREE TO COMPLY WITH THIS POLICY.

ABHISMS MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES WITHOUT NOTICE IF YOU DO NOT COMPLY WITH THIS POLICY.

Your use of the Services must comply with all applicable law. This includes law applicable to you and also laws applicable to Abhisms and the recipient of each Email/SMS/VOICE. Examples of applicable laws include laws relating spam or unsolicited commercial email/SMS/Voice , privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. Applicable laws also include policies and regulations based on the country of the sender and/or recipient of the email/SMS/VOICE including, but not limited to, GDPR, United Kingdom’s Data Protection Act, United States of America’s CAN-SPAM and Canada’s Anti-Spam Legislation (CASL). It is your responsibility to know and understand the laws applicable to your use of the Services and the Emails/SMS/VOICE you generate and send through the Services.

Your use of the Services must comply with the Terms of Service applicable to the Services (“TOS”). This Policy is a part of and incorporated into the TOS application to the Services. Click here for our Abhisms TOS. It is your responsibility to read and understand the TOS application to your use of the Services and the Emails/SMS/Voice you generate and send through the Services.

Your use of the Services must comply with the Privacy Policy applicable to the Services (“Privacy Policy”). Please see the Abhisms Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Services and the Emails/SMS/Service you generate and send through the Services.

You will comply with all applicable anti-corruption and anti- bribery laws, as may become applicable from time-to-time under these TOS (“Anti-corruption Laws”) and ensure that You, your employees, officer, directors and affiliates also conform to the same. You will not do any act in contravention of the Anti-corruption Laws which would in any manner be detrimental to Our interest. In the event You breach any Anti-corruption Laws, We shall have the right to immediately terminate the Services, without notice and take such action as is available under law.

Your use of the Services must follow all applicable guidelines established by Abhisms.

The guidelines below are example of practices that may violate this Policy when generating or sending Emails/SMS/Voice through the Services:

  • Using non-permission-based email/SMS/VOICE lists:
    1. lists in which each recipient has not explicitly granted permission to receive Emails/SMS/VOICE from You by affirmatively opting-in to receive those Emails
    2. Using harvested, purchased, or rented email/SMS/VOICE lists.
    3. Sending email /SMS/VOICE on behalf of a purchased or rented email list.
    4. Using third-party email addresses, domain names, or mail servers.
  • Sending email /SMS/VOICE to non-specific, role or common distribution list email /SMS/VOICE addresses (e.g., [email protected] or [email protected]).
  • Sending email /SMS/VOICE that result in an unacceptable number of spam or UCE complaints (even if the Emails themselves are not actually spam or UCE).
  • Failing to include a working “unsubscribe” link in each email /SMS/VOICE and to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request, or within the number of days cited by local legislative requirements.
  • Failing to include in each email /SMS/VOICE your valid physical mailing address or a link to that information.
  • Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e., Spamhaus);
  • Disguising the origin or subject matter of any Email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any Email.
  • Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives).
  • Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the Services; Offensive Content – You may not publish, transmit or store on or via the Services any content or links to any content that Abhisms reasonably believes:
  • Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
  • Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
  • Would reasonably be considered defamatory, malicious, fraudulent, morally repugnant or violates a person’s privacy.
  • Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Abhisms.

In addition, Abhisms has determined that certain types of mail generate higher than normal abuse and complaints. In order to protect the reputation of our network and to maintain the high deliverability rates for all of our customers, we are unable to provide service to organizations in the following industries:

  • Pay day loan
  • Affiliate marketers
  • Multi-Level Marketing
  • Penny stocks/pink sheets
  • Currency trading/FOREX/Crypto
  • Recognized hate groups of any kind
  • email /SMS/VOICE Data Broker or email /SMS/VOICE List purchasing
  • Work from home or make money online opportunities
  • Any other generally illegal activities

If you know or suspect any violations of this Policy, please notify Abhisms at [email protected] Abhisms will determine compliance with this Policy in its sole discretion.