This document sets out the Terms and Conditions between Getintuch Technology Private Limited, a company incorporated in India under the Companies Act, 2013 (“GTPL”, “Sendocs”, “Company” “we”, “us” or “our”) and its customers (“Customer” , “Client”, “you”).
These Terms of Service (“ToS”) govern the use of the services offered by GTPL through our website Sendocs.io. These services consist of document delivery in interactive web templates over hyperlinks, the subsequent collection, storage and related information management, and any other services as may be offered by us from time to time (the “Services” or “Sendocs Services”). Our Clients use our Services to communicate and interact with their end customers (“Consumers”)
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity and GTPL, concerning your access to our Services and use of the Sendocs.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you are entering into this Agreement on behalf of a company, you acknowledge that you have the authority to bind that company to the terms of this Agreement. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Sendocs reserves the right to update and change the ToS from time to time; an updated version will be published on our website at terms of service. Any new features that augment or enhance the current Service, including the release of new tools, features and resources, shall be subject to these ToS. You may terminate your use of the Services if the ToS are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the ToS at any time at terms of service.
In order to access the Services, you may need to register and create a personal and non-transferable account in the Site (the “Account”). To this end, you must provide true, current, complete, and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party. You agree to keep your password confidential and will be responsible for all use of your account and password.
By using the Services, 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 and Conditions;
4. you will not use the Site for any illegal or unauthorized purpose;
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) as well as any refund.
3.1 Service Provision and Pricing
Once an Account has been successfully created, Services will be available and ready to use. Note, however, that certain Accounts are subject to prior payment of the corresponding fees, so access to and use of functionalities and Services under said Accounts is subject to said payment requirements. Information on the charges for our paid Services is available in the pricing page of our website. Sendocs reserves the right to change the pricing from time to time. In case of non-payment for any reason or any violation of these terms, Sendocs shall be entitled – without liability – to immediately bar Customer’s access to the Service.
You will access and use the Services only for legal, authorized, and acceptable purposes under laws governing digital communications. You will not use Sendocs to store or transmit unlawful material or any material which violates third party rights. You will not nor help others to interfere or impair or disrupt the functioning or operation of Services.
As a user of the Services and the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, 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.
3. use the Site to advertise or offer to sell goods and services.
4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. engage in unauthorized framing of or linking to the Site.
6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
7. make improper use of our support services or submit false reports of abuse or misconduct.
8. 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.
9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
10. attempt to impersonate another user or person or use the username of another user.
11. use any information obtained from the Site in order to harass, abuse, or harm another person.
12. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
13. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
14. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
15. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
16. delete the copyright or other proprietary rights notice from any Content.
17. copy or adapt the Site’s software, including but not limited to HTML, JavaScript, or other code.
18. 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
19. 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”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
20. 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 Site, or using or launching any unauthorized script or other software.
21. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
22. use the Site in a manner inconsistent with any applicable laws or regulations.
GTPL owns all Intellectual Property rights in Sendocs Services and Site and any usage of Services by you does not grant any right to, or in, patents, copyrights, source code, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses.
Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and Sendocs owns all Intellectual Property Rights in the Service.
You consent that, Sendocs may identify you as a Customer of the Service (using your name and logo) in its promotional materials, website, presentations, media, press releases and proposals to other current and prospective customers.
To ensure you are provided with high-quality Services, from time to time we may rely on third party service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable for any damages caused by an action or omission attributable to them.
Also, you may decide to use third parties to process the information you may collect through the Services (e.g. by using webhooks). In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising from the use of said information by those third parties, or in the event that you decide to transfer information to those third parties by using non-secured means (e.g. non-https transfer protocols). We recommend that you carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to the Company may subsequently be gaining access to, modifying, or even deleting said information.
Sendocs does not own any Customer data. The Client shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all data / content sent to their customers.
We do not claim ownership on the contents you may upload or otherwise use in connection with the Site or Services. However, solely and only for the purpose of providing the services to you, with respect to Sendocs functionalities like delivery, backup, replication, high availability, caching for speed, performance, throughput and various other functional and non-functional capabilities, you grant Sendocs royalty-free, worldwide, perpetual, irrevocable permission to access, use, reproduce, distribute, store, transmit, reformat, display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your contents in connection with the operation of the Site and/or the Services.
As part of providing the Services, GTPL may transfer, store and process Client’s data in any country in which GTPL or its service providers maintain facilities. By using the Services, Client consents to this transfer, processing and storage of data.
Client agrees that GTPL may establish limits concerning use of the Services offered, including the maximum number of days that messages will be retained by the Services, the maximum number of messages that may be sent from or received by an account on the Services and the maximum size of a message that may be sent from or received by an account on the Services. We will keep you informed about the limits at the time of purchase of a service package.
We may have access to our Client’s end customers’ personal identifiers to ensure we are tagging the right message to the right consumer as we create a unique link for the transaction. These identifiers could be the customer email ID, mobile number or other identifier. We will adopt the industry standard technical and organizational practices to secure the data and prevent unauthorized access to the Client’s customer data.
GTPL will also collect service or device related, diagnostic, and performance information for its Services. This includes information such as when and how many messages are sent by a Client to its customers, how these customers interact with the service, log files, diagnostic, crash, website, and performance logs and reports. We will use this information to improve our services, provide performance reports to the Client and also customise the customers’ experience on the webpage and device.
Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
If a Customer does not renew the subscription for the Service, Sendocs shall provide all Customer Data on explicit written request from the customer in a generally accessible format within 30 days after the end of such term and thereafter may delete the customer account and all of the Customer Data. Please note that some information like billing and subscription may remain with us for accounting and legal reasons. Additionally, Customer Data may remain with us for the period of 90 days on our replication servers and/or high availability servers, beyond which it is completely deleted.
GTPL reserves the right to share any information with a third party whenever directed by a law enforcement agency/ court of law.
We reserve the right, but not the obligation, to:
1. monitor the Site for violations of these Terms and Conditions;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, 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 Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Our Services may be interrupted, including but not limited to, for maintenance, repairs, upgrades, cyber attacks or network or equipment failures. GTPL reserves the right to terminate the access immediately without any obligation of prior notice in case of material breach. For the purpose of clarity, the following shall be construed as material breach:
1. attempt or assist or permit any third party to alter, modify, reverse engineer or disassemble Sendocs
2. transfer, sublicense or assign any of the rights
3. store or transmit threatening or unlawful material or any material which violates third party rights
4. use the services to interfere with or impair or disrupt the operations of Sendocs
5. sell customer data to any third party
6. breach of Acceptable use of Service conditions
In event of request of termination, customer data may remain with us for the period of 90 days on our replication servers and/or high availability servers, beyond which it is completely deleted.
To the maximum extent permitted by applicable law, the Site and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. GTPL and its suppliers do not make any representations, warranties, or conditions, express, or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the Services will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error-free or free from viruses, worms, or other harmful or malicious components or will function without disruptions, delays or imperfections. Nor will it be responsible for any delay or failure or any other loss resulting from transfer of the data over communication networks.
GTPL does not warrant and takes no responsibility for the content communicated by the Client to its customers. The Client shall be solely responsible for all the content being communicated.
GTPL shall provide technical support services to rectify errors if within their scope though it is not responsible to provide any services in relation to any feature which is not identified as supported in technical documentation.
To the maximum extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or other damages, arising from or relating to these Terms & Conditions, your Account, or the Services.
Subject to above, Company’s maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these terms, your Account, the Services, or the Site will not exceed a total maximum amount equivalent to fees paid to GTPL in the last twelve (6) months preceding the date in which the damage took place.
You shall indemnify, defend and hold GTPL, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless and will keep them indemnified from and against any claim, loss, expense, liability, damage, or demand, including reasonable attorney’s fees, relating to, arising from, or allegedly arising from (a) your use of the Site or the Services, and activities occurring under your Account; (b) your breach of these Terms & Conditions, (c) your violation of the rights of a third party, including but not limited to intellectual property rights; or (d) any overt harmful act toward any other user of the Site with whom you connected via the Site.
GTPL reserves the right to assume, at your sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
At Sendocs, we respect our customers and users need for online privacy and protect any personal information that may be shared with us, in an appropriate manner. Sendocs practice in regards to the use of customer personal information is detailed in our Privacy Policy Page which you can find here .
By using the Site, you agree to be bound by our Privacy Policy.
The illegality, invalidity, nullity, or unenforceability of any of the sections of these ToS will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of these ToS by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company. These ToS constitute the entire agreement between you and the Company with respect to your Account and the Services. Both you and the Company, warrant to each other that, in entering these ToS, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these ToS.
The rights and obligations set forth in these STC (or, otherwise, of the Account) cannot be assigned to any third party without the prior written consent of the Company.
This agreement shall be governed by the laws of the State of Delhi, India. The Courts of New Delhi, India shall have the exclusive jurisdiction to entertain any dispute between the parties.