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Terms and Conditions

Last updated: 12th October 2024

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and AdsEra IT Services PVT LTD ("Company," "we," "us," or "our"), concerning your access to and use of the AdsEra IT Solutions and Email Marketing Platform, including the website at https://adsera.in, any associated media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform" or "Services"). We are registered in India and have our registered office at MDV Colony Bikaner, Rajasthan 334001. You agree that by accessing or using the Platform, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Platform provides various IT solutions, including but not limited to, a cloud-based email marketing service that enables users to manage email lists, create and send marketing campaigns, and analyze performance. Your use of the Services is subject to these Terms, including any supplemental terms and conditions or documents that may be posted on the Platform from time to time, which are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Platform so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.

The information and Services provided on the Platform are 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access or use the Platform 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, including all applicable email marketing and data privacy regulations in their target jurisdictions.[1, 2]

All users must be of legal age to form a binding contract (generally 18 years or older) in the jurisdiction in which they reside. By using the Platform, you represent that you are of legal age. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind the company or legal entity to these Terms.[3, 4, 5]

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Platform (including all underlying software, functionality, website designs, databases, and technology) is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Platform Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, international copyright laws, and international conventions.

The Platform Content and the Marks are provided on the Platform "AS IS" for your information and use of the Services only. Except as expressly provided in these Terms of Use, no part of the Platform and no Platform Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and to download or print a copy of any portion of the Platform Content to which you have properly gained access solely for your personal, non-commercial use, or for the internal business purposes for which the Services are provided. We reserve all rights not expressly granted to you in and to the Platform, the Platform Content, and the Marks.

You retain full ownership of all content, data, and materials that you upload, transmit, or create using the Services, including but not limited to email campaign content, images, text, subscriber lists, and other materials ("User Content").[6, 7, 8] You grant us a limited, non-exclusive, worldwide, royalty-free license to host, use, copy, reproduce, store, transmit, display, analyze, and process your User Content solely for the purpose of providing, maintaining, and improving the Services to you, and for troubleshooting technical issues. This license is strictly limited to what is necessary for the operation of the Platform and the provision of Services. We will not use your User Content, including email recipient data or campaign content, for our own commercial or advertising purposes without your explicit, separate consent.[6, 7]

You represent and warrant that your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.[9]

3. USER REPRESENTATIONS

By using the Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, and if you are accepting these Terms on behalf of a company or legal entity, you have the legal authority to bind that entity to these Terms; (5) you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise, except for authorized API access; (6) you will not use the Platform for any illegal or unauthorized purpose; (7) your use of the Platform will not violate any applicable law or regulation, including but not limited to the Digital Personal Data Protection Act, 2023 (DPDP Act), the Information Technology Act, 2000 (IT Act), and any applicable anti-spam laws (e.g., CAN-SPAM, GDPR, PECR) [10, 1, 2]; (8) you have obtained all necessary consents and permissions to send emails to your recipient lists through the Platform, in full compliance with all applicable laws, including explicit, verifiable opt-in consent where required [10, 1, 2, 11, 12, 13]; (9) you will maintain accurate records of consent for your recipients and will honor all opt-out requests promptly, within legally mandated timeframes [10, 1, 2, 11, 12, 13]; (10) your email content will not be illegal, harmful, deceptive, or infringing upon any third-party rights [10, 2, 14, 15]; (11) all "From," "To," and "Reply-To" fields, as well as subject lines, in your emails will be accurate, true, and non-deceptive, and will clearly identify the sender [10, 1, 2, 12, 13, 15]; and (12) you will adhere to AdsEra's Acceptable Use Policy (AUP) and Anti-Spam Policy, which are incorporated by reference into these Terms.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if you violate any of these representations and warranties, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Platform to access certain Services. You agree to keep your password and any API keys confidential and will be responsible for all use of your account, password, and API keys. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You are prohibited from creating multiple accounts for sending similar content without prior written approval from us.[16, 17, 15] We reserve the right to verify your identity and business legitimacy, especially for high-volume senders, to prevent fraudulent use of the Platform.

5. PROHIBITED ACTIVITIES

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Platform, you agree not to:

  • Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform Content or enforce limitations on the use of the Platform and/or the Platform Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
  • Use any information obtained from the Platform in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Platform in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Platform.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except for authorized API access.
  • Delete the copyright or other proprietary rights notice from any Platform Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
  • Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  • Copy or adapt the Platform's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Platform.
  • Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavor or commercial enterprise.

In addition to the above, as a user of the email marketing Services, you specifically agree not to:

  • Send Spam: Send unsolicited commercial electronic messages ("spam") as defined by applicable laws and industry standards.[10, 1, 18, 2, 12, 13, 16, 17, 15]
  • Use Prohibited Lists: Use purchased, rented, third-party, co-registration, or scraped email lists.[12, 13, 16, 17, 15, 19] All recipients must have granted clear, explicit, and provable consent to receive communications from you.[10, 1, 2, 11, 12, 13]
  • Fail to Provide Unsubscribe: Fail to include a clear, functional, and easily accessible unsubscribe link in every marketing email sent through the Platform.[10, 1, 2, 12, 13, 17, 15]
  • Fail to Honor Opt-Outs: Fail to honor opt-out requests promptly, ideally immediately, and certainly within legally mandated timeframes (e.g., 10 business days as per CAN-SPAM, or shorter if local laws dictate).[10, 1, 2, 12, 15]
  • Use Deceptive Information: Use misleading subject lines or content, or inaccurate sender identification ("From," "To," and "Reply-To" fields).[10, 1, 2, 12, 13, 17, 14, 15]
  • Omit Physical Address: Fail to include a valid physical postal address of the sender in the body of every commercial email.[10, 1, 2, 12, 15]
  • Omit Advertisement Disclosure: Fail to clearly and conspicuously disclose if the message is an advertisement.[2, 15]
  • Send Prohibited Content: Send content related to multi-level marketing, escort services, pornography/sexually explicit material, offers for illegal goods/services, products claiming unapproved health benefits, fraudulent schemes (phishing, pyramid schemes, chain letters), hateful content, or threats of physical harm.[16, 17, 14, 15]
  • Violate Privacy/Publicity Rights: Send content that violates the privacy or publicity rights of any third party.[20]
  • Use Unauthorized Tracking: Use tracking technologies (e.g., pixels, cookies) in emails without obtaining prior consent from the recipient, where required by applicable law.[14]
  • Evade Filters: Use techniques or practices designed to evade spam filters or detection mechanisms (e.g., snowshoeing).[14]
  • Harvest Emails: Engage in email address harvesting.[18]
  • Exceed Deliverability Thresholds: Maintain consistently high bounce rates (e.g., >5%), unsubscribe rates (e.g., >1.4%), or spam complaints (e.g., >0.08%).[13] Exceeding these thresholds may lead to account review, suspension, or termination of Services.[13, 19, 3]

6. USER GENERATED CONTRIBUTIONS

The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "User Content"). User Content may be viewable by other users of the Platform and through third-party websites. As such, any User Content you transmit may be treated as non-confidential and non-proprietary, unless explicitly stated otherwise in our Privacy Policy or a separate Data Processing Agreement.

When you create or make available any User Content, you thereby represent and warrant that: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your User Content in any manner contemplated by the Platform and these Terms of Use. You have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the Platform and these Terms of Use. Your User Content is not false, inaccurate, or misleading. Your User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone. Your User Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your User Content does not violate any applicable law, regulation, or rule. Your User Content does not violate the privacy or publicity rights of any third party. Your User Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. Your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.

7. CONTRIBUTION LICENSE

By posting your User Content to any part of the Platform or making User Content accessible to the Platform by linking your account from the Platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us a limited, non-exclusive, worldwide, royalty-free, fully-paid license to host, use, copy, reproduce, store, transmit, display, analyze, and process such User Content for the sole purpose of providing, maintaining, and improving the Services to you, and for troubleshooting technical issues. This license is strictly limited to what is necessary for the operation of the Platform and the provision of Services. We will not use your User Content, including email recipient data or campaign content, for our own commercial or advertising purposes or to create derivative works without your explicit, separate consent.[6, 7]

The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide, solely in connection with the provision of the Services.

You waive all moral rights in your User Content, and you warrant those moral rights have not otherwise been asserted in your User Content. We do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area on the Platform. You are solely responsible for your User Content to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content. We have the right, in Our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content that violates these Terms or our policies, (2) to re-categorize any User Content to place them in more appropriate locations on the Platform, and (3) to pre-screen or delete any User Content at any time and for any reason, without notice, particularly if it violates our Acceptable Use Policy or applicable laws.[16, 17, 14, 15] We have no obligation to monitor your User Content.

8. GUIDELINES FOR REVIEWS

We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate...source posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

9. SOCIAL MEDIA

As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a Third-Party Account) by either: (1) providing your Third-Party Account login information through the Platform, or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content') so that it is available on and through the Platform via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Platform and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform. You can deactivate the connection between the Platform and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

10. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us 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 acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

11. PLATFORM MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Use, (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities, (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof, (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://adsera.in/privacy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Please be advised the Platform is hosted in India. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Platform, you are transferring your data to India, and you agree to have your data transferred to and processed in India.

As an IT solutions and email marketing service provider, AdsEra acts in a dual capacity regarding data:

  • As a Data Fiduciary: For the personal data of its direct users (e.g., your account information, billing details, usage data). Our Privacy Policy details how we collect, use, store, and share this data, the legal bases for processing, your Data Principal Rights (e.g., access, correction, erasure, withdrawal of consent for marketing communications from AdsEra), data retention periods, security measures, and data breach notification procedures.[21, 22, 23, 24, 6, 25, 20]
  • As a Data Processor: For the email recipient data that you, as our client, upload and manage through the Platform. You, as the client, are the Data Fiduciary for this recipient data, and you are solely responsible for its legality, obtaining valid consent, and honoring Data Principal Rights for your recipients.[22, 25, 20] It is mandatory that you enter into a separate Data Processing Agreement (DPA) with AdsEra, which will clearly outline our obligations as a Data Processor, including instructions for processing, confidentiality, security measures, assistance with Data Principal rights (e.g., unsubscribe, data deletion requests), data breach notification to you, sub-processing arrangements, and data return/deletion upon contract termination.[22, 25] We commit to implementing reasonable security practices to protect all data processed on the Platform.[22, 26, 27, 2, 23, 13, 14, 15, 28]

13. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.

14. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Platform or delete your account and any User Content or information that you posted at any time, without warning, in our sole discretion, including but not limited to the following specific grounds [16, 17, 15, 19, 3]:

  • Violation of our Anti-Spam Policy or Acceptable Use Policy (e.g., sending spam, using purchased lists, deceptive practices).
  • Consistently high bounce rates, spam complaints, or unsubscribe rates, indicating poor list quality or abusive sending practices.[10, 13]
  • Failure to obtain or maintain valid consent records for recipient lists as required by applicable data protection laws (e.g., DPDP Act).[1, 11]
  • Repeated violations of data protection laws (e.g., DPDP Act).
  • Engagement in fraudulent or deceptive practices.
  • Non-payment of fees or other billing violations.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.[15, 3] Upon termination, your User Content, including email lists and campaign data, will be deleted after a defined grace period, unless legally required otherwise, in accordance with our Privacy Policy and any applicable Data Processing Agreement.[13, 20] In the event of termination due to your violation of these Terms or our policies, no refunds will be provided for any unused services or credits.[15, 19] In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.

We strive to provide a highly available and reliable service. While we cannot guarantee the Platform will be available at all times, we aim to meet the following Service Level Agreements (SLAs) [29, 30]:

  • Platform Uptime: We target 99.9% monthly uptime for the core Platform services, excluding scheduled maintenance.
  • Scheduled Maintenance: We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. Scheduled maintenance will be communicated to users in advance.
  • Remedies for SLA Breaches: In the event of a failure to meet the specified uptime target, we may provide service credits as outlined in a separate SLA document or your service agreement.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform, except for any remedies explicitly provided under our Service Level Agreements. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith, beyond what is commercially reasonable for a paid service.

16. GOVERNING LAW

These Terms shall be governed by and defined following the laws of India. AdsEra IT Services PVT LTD and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

17. DISPUTE RESOLUTION

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Rajasthan, India. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of India. This includes disputes arising from or related to the Digital Personal Data Protection Act, 2023.[10, 25, 20]

Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding, (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use, and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

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

19. DISCLAIMER

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, EXCEPT TO THE EXTENT CAUSED BY OUR NEGLIGENCE OR BREACH OF OUR SECURITY OBLIGATIONS UNDER APPLICABLE LAW, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.

Specifically for email marketing services:

  • We do not guarantee email deliverability (e.g., inbox placement, open rates), as this depends on factors beyond our control, including recipient ISP policies, content, sender reputation, and your list quality.[24, 3]
  • We are not responsible for the content of emails sent by you through the Platform. You bear sole responsibility for ensuring your content is legal, accurate, and compliant with all applicable laws and our policies.[14, 15, 19]
  • We disclaim responsibility for the quality, accuracy, or consent status of email lists provided by you.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE, OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW, WHICHEVER IS GREATER. THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF OUR EXPLICIT SECURITY OBLIGATIONS UNDER THE DPDP ACT. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) your use of the Platform or Services; (3) your breach of these Terms of Use, including any policies incorporated by reference; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights, privacy rights, or data protection rights; (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform; (7) your sending of unsolicited commercial emails (spam) through the Services; (8) your failure to obtain or maintain proper consent for email recipients as required by applicable laws; (9) any data breaches or data misuse caused by your negligence or non-compliance with data protection laws (e.g., uploading compromised lists); (10) the content of your emails violating any applicable laws (e.g., false advertising, defamation, intellectual property infringement); or (11) your violation of any anti-spam or data privacy laws.[10, 16, 17, 15]

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform and Services, as well as data relating to your use of the Platform. While we perform regular routine backups of data, you are solely responsible for the accuracy, legality, and consent status of all User Content and data that you transmit or that relates to any activity you have undertaken using the Platform.

We commit to implementing and maintaining reasonable security practices and procedures to protect your personal data and User Content against unauthorized access, use, disclosure, alteration, or destruction, in accordance with the Digital Personal Data Protection Act, 2023, and other applicable laws.[22, 26, 27, 2, 23, 13, 14, 15, 28] We shall have liability to you for any loss or corruption of such data to the extent caused by our negligence or failure to adhere to our security obligations under applicable law. You agree that we shall have no liability to you for any loss or corruption of data not caused by our negligence or breach of our security obligations, and you hereby waive any right of action against us arising from such loss or corruption.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Platform, 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 Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive 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.

24. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We 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 provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us 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.

25. BILLING AND PAYMENTS (NEW SECTION)

This section outlines the terms for payment for the Services provided by AdsEra.

  • Pricing Model: Services are priced as per the subscription plan or usage-based fees agreed upon during your registration or upgrade. Details of pricing, including any per email sent, per contact managed, or subscription tiers, are available on our pricing page or within your account dashboard.[29, 28]
  • Payment Terms: You agree to pay all applicable fees for the Services you select. Accepted payment methods, billing cycles (e.g., monthly, annually), and automatic renewal processes will be specified at the time of purchase. You authorize us to charge your chosen payment method for all applicable fees.[31, 19]
  • Automatic Renewal: Unless you cancel your subscription prior to the end of the current billing period, your subscription will automatically renew, and you authorize us to charge the applicable fees to your payment method on file.[3]
  • Consequences of Non-Payment: Failure to make timely payments may result in the suspension or termination of your Services. We reserve the right to charge interest on overdue amounts and recover collection costs.[15, 19]
  • Refund Policy: We are required to provide a refund only if we terminate our Services to you without cause before the end of a paid period. There is no other circumstance in which you will be entitled to a refund from us.[15, 19] Please note: We do not provide refunds if your account is suspended or terminated because of a violation of our Anti-Spam Policy, Acceptable Use Policy, or these Terms of Use.[15, 19] We do not refund monthly/yearly plans (including upgrades) if you did not use or partially used the Services, forgot to cancel your plan, or if you canceled immediately after your credit card was charged for a new billing period.[15, 19] Refunds will not be applied if you purchased a wrong plan (even by mistake) or decided to cancel your subscription after purchase due to functionality.[15, 19]
  • Taxes: All fees are exclusive of applicable taxes, duties, or levies, which you are responsible for paying.

26. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at

AdsEra IT Services PVT LTD

MDV Colony Bikaner

Bikaner, Rajasthan 334001

India