BULK SMS XL v 4.5
END-USER LICENSE AGREEMENT FOR MYSMSMANTRA.COM SOFTWARE
IMPORTANT-READ CAREFULLY: This MYSMSMANTRA.COM’s License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and MYSMSMANTRA.COM software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following non-exclusive rights:
• Software Product. You may install and use the enclosed SOFTWARE PRODUCT on your computers to design, develop, and test help systems and Internet content ("Help").
2. COPYRIGHT. All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by MYSMSMANTRA.COM or its suppliers. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
• Limitations on Reverse - Engineering, Decompilation, and Disassembly. You may not reverse- engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Rental. You may not rent or lease the SOFTWARE PRODUCT.
• Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
Should you have any questions are concerning this EULA, or if you desire to contact MYSMSMANTRA.COM for any reason, please contact 971-6-5688391
NO WARRANTIES. To the maximum extent permitted by applicable law, MYSMSMANTRA.COM expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY: MYSMSMANTRA.COM’s entire liability and your exclusive remedy under this EULA shall not exceed five dirham (AED 5.00).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall MYSMSMANTRA.COM or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this MYSMSMANTRA.COM product, even if MYSMSMANTRA.COM has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Party to any litigation relating to this Agreement or the Services shall be entitled to an award for reasonable costs and expenses (including without limitation attorney's fees of in-house and retained counsel), as determined by the court.
TERMS AND CONDITIONS
1. THE SERVICE
The User shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Service, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Service.
All the specified fees are payable upfront, prior to credits being activated. MYSMSMANTRA.COM will make no guarantees for the uninterrupted and continuous availability of the Service or of any specific feature(s) of the Service.
MYSMSMANTRA.COM reserves the right to change or terminate the Service and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect. All the fees paid to MYSMSMANTRA.COM when such termination occurs are addressed in detail in the sections below.
2. DELIVERY OF MESSAGES
Messages will be considered as delivered when MYSMSMANTRA.COM has delivered, or sent the messages to the immediate destination that MYSMSMANTRA.COM’s software has been programmed to do, which includes SMTP servers, or Mobile telephone networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. MYSMSMANTRA.COM does not extend guarantee of delivery on behalf of the Mobile telephone networks of mail servers.
MYSMSMANTRA.COM lays no claim to its network coverage. Although MYSMSMANTRA.COM focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of MYSMSMANTRA.COM or of its service providers' networks. This may lead to messages not being delivered.
3. LICENCE TO USE PROPRIETARY SOFTWARE
Subject to the Terms and Conditions of this Service Agreement and Laws of the Union of India, MYSMSMANTRA.COM grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") for the use of its proprietary software and also /or application service, in object code form only, and only in strict accordance with the applicable end user documentation, if any, and only in conjunction with the MYSMSMANTRA.COM Service Agreement. The User is not permitted, directly or indirectly, to reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the software; to modify, translate, or to create distinctive and derivative works based on the software/ application; or to copy (except for archival purposes), to rent, lease, to distribute, assign, or otherwise transfer rights to the software/application; to use the software/application for timesharing or service bureau purposes or otherwise to the benefit of a third party; or to remove any proprietary notices or label/s that identify MYSMSMANTRA.COM products and/or services. As between the parties, the User will acknowledge that MYSMSMANTRA.COM and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein. Upon the termination of this Service Agreement for any reason, this License will be terminated and the User shall destroy and cease using all the software and applications. This software is provided and the applications are offered, “AS IS” and are subject to the disclaimers of warranty and the limitations of liability as found in this service agreement and which is subject to testing by the client or the user before entering into this agreement.
4. USER ACCOUNT
To open an account for the usage of Service, it is essential that the User must complete the registration process by providing all current, complete and accurate information as will be prompted by the Registration Form. Entering inaccurate details will result in suspension. The User has to choose a login name and password. The User is to be entirely responsible for maintaining the confidentiality regarding his password and account information. In addition, the User will be entirely responsible for any and all activities that will occur under its account. MYSMSMANTRA.COM will not be held liable and respond to any third party claims and or actions taken with respect to services offered.
The User agrees to notify MYSMSMANTRA.COM immediately regarding any unauthorized use of its account or of any other breach of security.
5. MEMBER PRIVACY
It is the policy of MYSMSMANTRA.COM to respect the privacy of the User. MYSMSMANTRA.COM assures that it will not monitor, edit, or disclose any personal information about the User or about the User's MYSMSMANTRA.COM account, which will include all of its contents, without the User's prior permission. However it will not apply if MYSMSMANTRA.COM has a good faith and belief that such action is quite necessary to:
(1) Conform to the statutory and/or legal requirements or to comply with the legal process;
(2) Protect and defend the rights or property of MYSMSMANTRA.COM;
(3) Enforce this Service Agreement or protect MYSMSMANTRA.COM 's business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by MYSMSMANTRA.COM;
(4) Respond to the request for identification in connection with the claim of copyright or trademark infringement by the User or to a claim by a third party that the User is using the Service in connection with an infringement, illegal or improper activity; or
(5) Act to protect the interests of the User or others.
MYSMSMANTRA.COM 's service, by default, transmits its own brand name or gateway number as the Sender's name for each of the messages that the end-user sends. But, the User has an option to set his own brand name / Id.
The User agrees that MYSMSMANTRA.COM can access its account, including the contents, as stated above or to respond to the service or the technical issues.
The User hereby permits MYSMSMANTRA.COM to send him communication via e-mail/SMS of any updates, upgrades, notices, or any other information that MYSMSMANTRA.COM deems important for the user to know, relating to the service.
6. LIMITATIONS ON MESSAGE AND DELIVERY
It is to be clearly understood that MYSMSMANTRA.COM assumes no responsibility for any deletion or for any failure to store information. MYSMSMANTRA.COM has not fixed an upper limit on the number of messages a User may send through the Service. This is apart from how many credits are left in the User's account; however, MYSMSMANTRA.COM reserves to itself the right, at its sole discretion, to determine whether or not any or all Users conduct is consistent with the letter and spirit of the Service Agreement. It may terminate the Service if the User's conduct is found to be inconsistent with the Agreement. Please refer to the detailed procedure for termination of the service. MYSMSMANTRA.COM has the right and may, in future, after prior or without prior notification, limit the storage space that may be available to each User.
The sender ID that may be sent as part of mobile text messages is not a guaranteed feature and may not be sent without any notification.
Although MYSMSMANTRA.COM makes all efforts to ensure delivery and prides itself on fast delivery of messages, messages may be delivered late as a result of queuing or network traffic. This situation will still result in displaying the message as "sent".
7. MEMBER OBLIGATIONS AND DUTIES
MYSMSMANTRA.COM expressly prohibits any unauthorized commercial use of the Service. The User gives irrevocable agreement to abide by the entire applicable local, national and international laws and regulations. User is solely responsible for all acts or omissions (that occur under its account or password), including responsibility for the content of any transmissions through the Service. MYSMSMANTRA.COM provides by way of example, and not as a limitation, the stipulation that the User agrees not to:
A. Use the Service in any way connected to any chain letters, junk SMS messages, spam or any unsolicited messages (commercial or otherwise);
B. Harvest or otherwise collect, information about other users, including email addresses, without obtaining their consent;
C. Transmit through the Service, or associate with the Service or publish within the Service any unlawful, harassing, libelous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
D. Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
E. Libel defames or slanders any person, or try to infringe upon any person's privacy rights;
F. Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
G. Interfere with or disrupt the networks connected to the Service or violate the regulations, policies or procedures of such networks;
H. Attempt to gain unauthorized access to the Service, or to other accounts, computer systems or networks connected to the Service, by using password mining or by any other means;
I. Interfere with another User's peaceful use and enjoyment of the Service or another entity's peaceful use and enjoyment of similar services; or
J. Engage in any other activity that MYSMSMANTRA.COM could believe may subject it to criminal liability or civil penalty or judgment.
8. FEES AND PAYMENT
A. In consideration for the use of MYSMSMANTRA.COM services, the User agrees and shall pay to MYSMSMANTRA.COM a sum called a transaction fee or subscription fee (as appropriate) for SMS Messaging Software and for the messages sent (on per message basis) using any available delivery method, at the prescribed and applicable rate then in effect. MYSMSMANTRA.COM may, from time to time, and at its own discretion, offer limited time "Free Trial" or similar type or different promotions during which period no transaction fees or reduced transaction fees may apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect.
B. All fees are payable upfront. Upfront payment refers to payment that is made within a reasonable time so as to allow MYSMSMANTRA.COM to activate the account add the SMS credits to the client's account.
C. Payment shall be deemed to have been made, as soon as the fee is available in MYSMSMANTRA.COM bank account.
D. Manner of payment - By Cheque / Demand Draft / Cash deposit into our Bank Account
E. Cost Increase - The User acknowledges that MYSMSMANTRA.COM is dependent on various telecommunication networks and institutions for the delivery of its messages and that MYSMSMANTRA.COM may revise its prices and offerings for its products and services, should the prices be adjusted due to reasons, which are beyond MYSMSMANTRA.COM control. MYSMSMANTRA.COM undertakes to notify the clients and users of such adjustments in writing, prior to implementing such adjustments.
F. Any message units that have been purchased must be used up within 120 days from the date on which it had been purchased. MYSMSMANTRA.COM may, at its sole discretion, curtail or extend this period on a case-by-case basis.
G. No refunds will be made in any case for any fees already collected like branding fees, licenses, monthly administration fees, and any other fee that the User may pay to MYSMSMANTRA.COM.
H. The User expressly understands that rate, calculated by the number of credits to specific destination network may change due to various factors, and that MYSMSMANTRA.COM may adjust these credits whenever it deems it necessary to do so, with or without prior notice to the User.
9. TERMINATION, CANCELLATION, AND SUSPENSION
A. Modification of Terms - MYSMSMANTRA.COM frequently updates, modifies, and otherwise continually makes efforts to improve all the MYSMSMANTRA.COM services and products. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. Hence, MYSMSMANTRA.COM shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the MYSMSMANTRA.COM service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted shall be construed as the acceptance of any such changes. If the User is not agreeable to any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to read and review this Agreement from time to time and also to be aware of any such changes.
B. Termination, Cancellation and/or Suspension by MYSMSMANTRA.COM - This Agreement and the license granted hereunder can be terminated, canceled and/or suspended by MYSMSMANTRA.COM at any time if, in MYSMSMANTRA.COM's sole discretion, the User has breached the Terms of Service. Such termination, cancellation and/or suspension by MYSMSMANTRA.COM shall come into effect immediately after giving notice by MYSMSMANTRA.COM to the User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, MYSMSMANTRA.COM has the option to suspend, terminate and/or cancel this Agreement. In addition, MYSMSMANTRA.COM has the right to recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. MYSMSMANTRA.COM reserves the right to suspend the client's service at any stage for any reason that it may deem necessary in order to continue to provide any of its services in a way that may be hindered by the Client's status as being a MYSMSMANTRA.COM client, or the financial status of the client or the content of the messages originating from the client.
C. In the event that MYSMSMANTRA.COM has cause to receive complaints from recipients or third parties with respect to the use of the Service, MYSMSMANTRA.COM additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.
D. Termination or Cancellation by the User - The User has the right and is free to terminate or cancel this Agreement at any time and for any reason. The User only has to intimate MYSMSMANTRA.COM by sending an email of this intention. However, it is to be noted clearly that any sum or pre-paid credit amount remaining pending at the time of cancellation of this Agreement shall not be repaid to the User.
E. Obligations Upon Termination and/or Cancellation - Upon the termination, cancellation and/or suspension of this Service Agreement, the User remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. The payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of MYSMSMANTRA.COM (in whole or in part) where the said suspension arises from the User's failure to comply with, or violation of, the terms of this Service Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using MYSMSMANTRA.COM and removes all the MYSMSMANTRA.COM software and the applications on any computer, database, and the server (local or remote) in its possession or under its control. MYSMSMANTRA.COM shall have no obligation whatsoever to the User after the termination or cancellation of this Service Agreement.
10. WARRANTIES OR LIABILITIES
A. While it is to be understood that MYSMSMANTRA.COM will make all efforts to ensure that the service is reasonably available at all times, and will at all times endeavor to maintain connections to as many aggregators, gateways and Carriers as are, in its discretion, commercially viable and to make all upgrades to the MYSMSMANTRA.COM SMS Messaging Software available to the User in a commercially reasonable and timely manner. The User acknowledges that MYSMSMANTRA.COM cannot guarantee the availability of a Carrier's SMSC. The user expressly acknowledges and agrees that the use of the service is generally at its own risk and that MYSMSMANTRA.COM's service is being provided "AS IS" and "AS AVAILABLE" without any warranties or conditions whatsoever, express or implied. MYSMSMANTRA.COM will use commercially reasonable efforts to make the access to its services always available to the user through the required access protocols, but makes no warranty or guarantee that the user will be able to access MYSMSMANTRA.COM at any particular time or any particular location.
B. MYSMSMANTRA.COM (which also includes its owners, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of the service and the internet generally, as well as access to the MYSMSMANTRA.COM website, the access to websites linked to the MYSMSMANTRA.COM website, any inability to access the MYSMSMANTRA.COM website; the inability to access websites linked to the MYSMSMANTRA.COM website, any content available on the MYSMSMANTRA.COM website, any or all services available from the MYSMSMANTRA.COM website, any or all products available from the MYSMSMANTRA.COM website, any downloads and use of content from the MYSMSMANTRA.COM website, and/or any other reason which is not directly related to MYSMSMANTRA.COM's gross negligence.
C. The information, ideas and opinions expressed on the MYSMSMANTRA.COM website should not be regarded as professional advice or the official opinion of MYSMSMANTRA.COM, and Users are strongly encouraged to consult professional advice before taking on any course of action that is related to the information, ideas or opinions expressed on the MYSMSMANTRA.COM website.
D. MYSMSMANTRA.COM does not make any warranties or representation that the content and the services available from the MYSMSMANTRA.COM website shall in all cases be true, correct or free from any errors. MYSMSMANTRA.COM shall take all reasonable steps to ensure that the quality and accuracy of content is available from the MYSMSMANTRA.COM website.
E. MYSMSMANTRA.COM and its affiliates, agents, content providers, service providers, and licensors -
a) Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for any or all particular purposes of MYSMSMANTRA.COM generally, and that any content or services contained therein, as well as all the express and implied warranties that the operation of MYSMSMANTRA.COM is generally and that any content or services contained therein will be uninterrupted or error-free.
b) Shall in no event be held liable to the user or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the service generally, and any aspect ancillary thereto; (the user agrees to indemnify MYSMSMANTRA.COM for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the service).
F. Without in any way limiting the foregoing, MYSMSMANTRA.COM shall in no event have (in the aggregate) any liability whatsoever in connection with this agreement in excess of an amount that is equal to twice the lowest monthly transaction fee applicable to such account and /or claim in effect for the monthly period immediately preceding the date of the first claim made by the user and/or the user alleging liability.
G. High risk activities - The MYSMSMANTRA.COM service is not fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including but not limited to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of MYSMSMANTRA.COM could lead directly to death, personal injury, or to severe physical or environmental damage ("high risk activities"). In addition to all the other disclaimers and limitations contained within this agreement, MYSMSMANTRA.COM and its affiliates, agents, content providers, service providers and licensors specifically disclaim any express or implied warranty of fitness for high risk activities which may also include emergency notification services.
The User agrees to indemnify, hold harmless, and defend MYSMSMANTRA.COM and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, all costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defence of any claim. MYSMSMANTRA.COM reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any of the provisions of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise continue to remain in full force and effect and is enforceable.
In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to one gender includes the other genders.
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Union of India.
No agency, partnership, joint venture, or employment is said to be created as a result of this Service Agreement and the User does not have any authority of any kind to bind MYSMSMANTRA.COM in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover all the costs and attorneys' fees.
All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
These Terms and Conditions constitute the whole agreement between MYSMSMANTRA.COM and the User and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.