1Introduction and Acceptance
1.1Agreement to these Terms
- 1.1.1Vaghasia Group, Inc. d/b/a AccuWeb.io (AccuWebHosting, we, us or our) is pleased to have the individual or entity (you or your) agreeing to these Terms of Service (ToS) as our Customer. These Terms of Service (the “Terms”) govern access to and use of the products and services provided by AccuWeb.io, including its websites, applications, software, APIs, subscriptions, cloud services, add-ons and related support (collectively, the “Services”).
- 1.1.2By creating an account, placing an order, clicking an acceptance box, signing an order form, or using a Service where legally permitted, you agree to these Terms. If you do not agree, do not purchase or use the relevant Service.
- 1.1.3If you accept these Terms for a business or other organization, you represent that you are authorized to bind that organization. In that case, “you” and “Customer” refer to that organization.
1.2Related policies and order of precedence
- 1.2.1The Terms may be supplemented by the Privacy Policy, Acceptable Use Policy (“AUP”), Refund and Cancellation Policy, Service Level Agreement (“SLA”), Data Processing Agreement (“DPA”), product documentation, and product-specific addenda.
- 1.2.2A signed order form or product-specific addendum will prevail over these Terms only to the extent it expressly identifies the provision being varied. Mandatory applicable law takes precedence over any conflicting contractual provision.
- 1.2.3If translated versions conflict, the controlling language is English, except where applicable law requires otherwise.
2Definitions and Interpretation
2.1Key definitions
- 2.1.1“Company” means AccuWeb.io, including any permitted successor or assignee.
- 2.1.2“Customer” means the individual or legal entity that orders, pays for, administers or uses a Service.
- 2.1.3“Account” means the Customer's registered profile and associated settings, credentials, billing details and permissions.
- 2.1.4“Authorized User” means an employee, contractor, agent or other person whom the Customer permits to access a Service.
- 2.1.5“Customer Content” means data, files, messages, prompts, documents, software, images and other materials submitted to, stored in, transmitted through or generated for the Customer using a Service.
- 2.1.6“Fees” means subscription charges, usage charges, setup fees, add-on charges and other amounts disclosed in an order or applicable pricing page, plus applicable taxes.
- 2.1.7“Third-Party Service” means software, infrastructure, payment processing, communications networks, APIs, models, licenses or other services supplied by a third party.
- 2.1.8“Subscription” means a paid or free right to access a Service for a specified period or on a recurring basis.
2.2Interpretation
- 2.2.1Headings are for convenience and do not change the meaning of these Terms. Words such as “including” mean “including without limitation.”
- 2.2.2Examples in these Terms illustrate the relevant rule and do not limit its general application.
3Eligibility and Registration
3.1Eligibility
- 3.1.1You must have legal capacity to enter into a binding agreement and meet any minimum-age requirements applicable to the Service. If you use a Service on behalf of an organization, you must have authority to do so.
- 3.1.2You must provide accurate, current and complete registration, contact, billing and verification information and update it when it changes.
- 3.1.3We may request reasonable information to verify identity, payment authorization, account ownership, eligibility or compliance with applicable law.
3.2Restricted access
- 3.2.1We may refuse an order or restrict access where reasonably necessary for fraud prevention, security, legal compliance, capacity management or enforcement of these Terms, subject to applicable law.
- 3.2.2You must not use the Services if doing so would violate applicable sanctions, export controls or other legal restrictions.
4Accounts and Security
4.1Account administration
- 4.1.1You are responsible for maintaining the confidentiality of passwords, API keys, tokens and other credentials, and for assigning appropriate permissions to Authorized Users.
- 4.1.2You are responsible for activity carried out through your Account, except to the extent the activity results from our breach of a legal duty or applicable law provides otherwise.
- 4.1.3You must notify us promptly through our support channel (ticket / chat) if you suspect unauthorized access, compromised credentials or misuse of your Account.
- 4.1.4You must not sell, rent, transfer or share an Account except as expressly permitted by the relevant Service or agreed by us in writing.
4.2Account recovery and closure
- 4.2.1We may require reasonable identity or ownership verification before changing administrators, restoring access or releasing Customer Content.
- 4.2.2You must maintain a working email address and current contact information so we can send service, billing, security and legal notices.
- 4.2.3We may apply reasonable inactivity procedures to dormant Accounts after providing notice where practicable and where permitted by law.
5Services, Orders and Provisioning
5.1Service scope
- 5.1.1The applicable order, plan description, product page and documentation describe the features, limits, specifications and support included in a Service.
- 5.1.2Features, integrations, storage, seats, messages, API calls, compute resources and other entitlements are limited to those stated for the purchased plan.
- 5.1.3Unless expressly included, a Service does not include custom development, third-party licenses, migration, consulting, data recovery or other professional services.
5.2Orders and activation
- 5.2.1An order is subject to acceptance by us. We may reject or cancel an order for a legitimate reason, including a pricing error, suspected fraud, legal restriction or inability to provision the ordered Service.
- 5.2.2Provisioning begins after applicable payment, verification and technical prerequisites are satisfied. Activation times are estimates unless we expressly provide a binding commitment.
- 5.2.3You are responsible for selecting a suitable plan and supplying accurate configuration details, domain settings, access credentials and other required information.
- 5.2.4If we cannot provision a paid Service, we will explain the available remedy, which may include correcting the issue, offering an alternative or refunding the affected Fees within one week.
5.3Changes to subscriptions
- 5.3.1Upgrades, downgrades, seat changes, add-ons and configuration changes may alter features, limits, billing dates and Fees. Any applicable proration or effective date will be disclosed during the change process or in the order.
- 5.3.2A change to a plan does not automatically cancel separate add-ons, third-party licenses or other subscriptions unless the applicable order says otherwise.
6Pricing, Billing and Payment
6.1Fees and pricing
- 6.1.1You agree to pay the Fees shown in the order, account portal or applicable pricing page. Unless stated otherwise, prices exclude applicable taxes and charges imposed by banks, payment providers or third parties.
- 6.1.2Fees may be charged monthly, annually, for a fixed term, in advance, in arrears or based on measured usage, as stated in the applicable plan.
- 6.1.3Promotional prices apply only for the stated promotional period. The price applicable after the promotion ends will be disclosed in the offer or renewal information.
- 6.1.4We may correct an obvious pricing or listing error before accepting an order. If an error is discovered after payment, we will contact you to discuss the available lawful options.
6.2Invoices and payment authorization
- 6.2.1You authorize us and our payment processors to collect the amounts due using the payment method you provide, including recurring charges where you have authorized recurring billing.
- 6.2.2Invoices, receipts and payment records may be made available through your Account or sent to your registered billing email address.
- 6.2.3You must keep payment details current and ensure that sufficient funds or credit are available when payment is due.
- 6.2.4You are responsible for applicable taxes, duties and similar charges, except taxes imposed on our net income. Tax exemptions must be supported by valid documentation.
6.3Failed or late payments
- 6.3.1If a payment fails, we may notify you, retry the payment, request an alternative payment method or restrict the affected Service after any notice or grace period required by law or stated in the applicable plan.
- 6.3.2Overdue amounts may incur interest, late fees or reasonable collection costs only where disclosed and permitted by applicable law.
- 6.3.3We may suspend or terminate a Service for non-payment in accordance with Section 15. Suspension does not automatically cancel accrued payment obligations.
- 6.3.4You must notify us of a billing dispute through our support channel (ticket / chat) within a reasonable period and provide the invoice number and supporting details. We will review the dispute in good faith. You must pay any undisputed portion when due.
6.4Chargebacks and payment reversals
- 6.4.1If you believe a transaction is unauthorized or incorrect, contact us and your payment provider promptly with the relevant details.
- 6.4.2We may investigate chargebacks and payment reversals and may restrict the affected Account where reasonably necessary to address suspected fraud or payment risk, subject to applicable law.
- 6.4.3We will not treat a good-faith billing inquiry alone as proof of fraud.
7Automatic Renewal and Subscription Management
7.1Renewal
- 7.1.1Unless the order states otherwise, a recurring Subscription renews for the renewal period shown at purchase until cancelled.
- 7.1.2You authorize recurring charges at the then-applicable renewal price, subject to required notices and consent under applicable law.
- 7.1.3Where required by law or stated in the offer, we will send renewal reminders or notice of a price change before the renewal takes effect.
7.2Cancellation of renewal
- 7.2.1You may cancel renewal through your account portal or the cancellation method before the renewal deadline stated in your Account or order.
- 7.2.2Unless the order or applicable law provides otherwise, cancellation stops future renewal and access continues through the paid period. Cancellation does not automatically entitle you to a refund for the unused portion of that period.
- 7.2.3If a renewal payment fails, we may retry the charge, provide a grace period, downgrade the Account or suspend the Service as described in the applicable plan.
8Refunds and Cancellations
8.1General rule
- 8.1.1Refund eligibility depends on the product, order, payment status, applicable refund policy and mandatory legal rights. The applicable order or Refund and Cancellation Policy will identify any money-back guarantee and its conditions.
- 8.1.2Unless expressly stated or required by law, usage charges already incurred, consumed credits, completed professional services and third-party costs that cannot be recovered are not refundable.
- 8.1.3Any excluded product, fee or service must be clearly identified in the applicable refund policy before purchase.
8.2Refund requests and processing
- 8.2.1Submit a refund request through our support channel (ticket / chat) and include the Account identifier, order or invoice number, product and reason for the request.
- 8.2.2We may request reasonable information needed to verify the purchase and assess eligibility. We will communicate our decision and, if approved, initiate the refund within [insert processing timeframe] using the original payment method where practicable.
- 8.2.3A payment provider or bank may require additional time to post the refund. We do not control that processing time.
- 8.2.4Duplicate payments and verified billing errors will be reviewed and corrected where appropriate.
8.3Statutory rights
- 8.3.1Nothing in these Terms excludes or limits a refund, withdrawal, cancellation or other right that cannot lawfully be excluded or limited.
9Free Trials, Free Plans and Promotions
9.1Trials and free plans
- 9.1.1Trial and free-plan features, resource limits, support levels, duration and eligibility are described in the relevant offer.
- 9.1.2If a trial converts automatically to a paid Subscription, the conversion date, price, payment requirement and cancellation method must be disclosed at sign-up as required by law.
- 9.1.3We may restrict repeated trial creation, referral abuse or other attempts to obtain promotions improperly.
- 9.1.4Free Services may have lower limits, reduced support, limited retention or different availability commitments. We may modify or discontinue a free Service with reasonable notice where practicable and as permitted by law.
9.2Coupons and credits
- 9.2.1Coupons, credits and promotional offers are subject to their stated conditions and may not be combined, transferred or redeemed for cash unless expressly permitted.
- 9.2.2We may cancel a promotion obtained through fraud, technical abuse or a material eligibility error, subject to applicable law.
10Usage Limits, Metering and Overage Charges
10.1Usage measurement
- 10.1.1Each plan may have limits for users, storage, bandwidth, messages, API calls, tokens, compute time, GPU-hours, instances or other resources.
- 10.1.2We will describe the applicable measurement method and any additional usage rates in the plan, order or pricing page.
- 10.1.3Usage records shown in the Account are the basis for billing, subject to correction of verified measurement or system errors.
10.2Limits and overages
- 10.2.1Depending on the plan, exceeding a limit may result in additional charges, throttling, blocking of additional usage, an upgrade prompt or temporary suspension.
- 10.2.2Where available, you are responsible for configuring usage alerts and spending caps. An alert is not a guarantee that no additional usage will occur before the limit is reached.
- 10.2.3Unused credits or allowances expire or roll over only as expressly stated in the applicable plan.
- 10.2.4You may dispute a usage charge through our support channel (ticket / chat) and should provide the relevant time period, resource identifier and supporting records.
11Acceptable Use and Prohibited Activities
11.1Lawful use
- 11.1.1You must use the Services lawfully and comply with these Terms, the AUP, applicable product policies and third-party terms that govern your use.
- 11.1.2You must not use the Services to commit fraud, impersonate others, infringe intellectual property rights, violate privacy rights, distribute unlawful material or facilitate other illegal conduct.
- 11.1.3You must not transmit unsolicited or unlawful bulk communications, falsify sender information, or use the Services for phishing, scams or deceptive campaigns.
- 11.1.4You must not upload or distribute malware, ransomware, spyware, credential-stealing tools or other malicious code, or use the Services to conduct unauthorized access, denial-of-service attacks, botnet activity or disruptive scanning.
- 11.1.5You must not bypass authentication, quotas, rate limits, licensing controls, security measures or access restrictions, or interfere with another customer's use of a Service.
- 11.1.6You must not use the Services in a manner that materially harms system stability, security, availability or other customers.
11.2Content and regulated activities
- 11.2.1You are responsible for ensuring that Customer Content is lawful and that you have all necessary rights, licenses, notices and consents to submit, store, transmit or publish it.
- 11.2.2You must not use the Services, directly or indirectly, to engage in, promote, facilitate, support, or distribute content or activities that violate applicable laws or regulations. Prohibited activities include, but are not limited to, terrorism, violent extremism, terrorist financing, human trafficking, forced labor, child sexual abuse material (CSAM), child exploitation, sexual exploitation, unlawful surveillance, stalking, harassment, human rights abuses, fraud, money laundering, sanctions evasion, cybercrime, the distribution of malicious software, and any other criminal, abusive, or prohibited activity. You must not use the Services to recruit participants, solicit funds, coordinate operations, host or distribute prohibited materials, or provide infrastructure or other resources that facilitate such activities. We reserve the right to investigate suspected violations, restrict or suspend access to the Services, terminate accounts, preserve relevant information where legally permitted or required, and report suspected unlawful activity to appropriate authorities when warranted or required by law.
- 11.2.3Additional restrictions may apply to regulated data, financial services, healthcare data, high-risk workloads, AI use, messaging channels or infrastructure services. Those restrictions will be stated in the relevant policy or addendum.
11.3Enforcement
- 11.3.1We may investigate credible reports of violations and take proportionate action, including requesting information, removing or restricting content, limiting usage, suspending access or terminating a Service.
- 11.3.2Where practicable and legally permitted, we will provide notice and an opportunity to correct a remediable issue. We may act immediately where necessary to address urgent security risks, serious abuse, legal obligations or imminent harm.
12Customer Responsibilities
12.1Customer systems and users
- 12.1.1You are responsible for your devices, internet connectivity, customer-managed software, configurations and the actions of your Authorized Users.
- 12.1.2You must keep your contact information current, protect credentials, apply relevant updates to systems you manage and use reasonable security measures.
- 12.1.3You must obtain required rights and consents for Customer Content and comply with privacy, consumer protection, marketing, intellectual property and other laws applicable to your own activities.
- 12.1.4You must cooperate reasonably with support, security investigations, migrations and compliance requests relating to your Account.
12.2Backups and records
- 12.2.1Unless a separately purchased Service expressly provides otherwise, you should maintain independent, current copies of important data and verify that you can restore them.
- 12.2.2You are responsible for reviewing outputs, published content, configurations and business decisions produced using the Services before relying on them.
13Technical Support and Maintenance
13.1Support scope
- 13.1.1The support channels, hours, response targets and included services depend on your plan and are described in the applicable product documentation or support policy.
- 13.1.2Response targets are targets for initial response unless expressly stated as binding resolution commitments. Resolution times may depend on issue complexity, third-party providers and your cooperation.
- 13.1.3Support may exclude custom code, unsupported third-party software, customer-managed infrastructure, consulting or work outside the purchased scope. Any additional charge will be disclosed before work begins where practicable.
13.2Maintenance and incidents
- 13.2.1We may perform scheduled maintenance and will provide notice where practicable. Emergency maintenance may be performed without advance notice when reasonably necessary to protect security, stability or legal compliance.
- 13.2.2We may publish service status updates or incident notices through our support channel (ticket / chat).
- 13.2.3You must provide accurate diagnostic information and reasonable access necessary to investigate an issue. Any remote access will be limited to the authorized support purpose.
14Availability and Service Level Agreement
14.1Availability
- 14.1.1Any uptime commitment applies only if an SLA is expressly included in your order or linked product terms. The SLA will define the covered service, measurement method, period, exclusions and remedies.
- 14.1.2Unless expressly committed, availability figures are estimates or service objectives and are not guarantees of uninterrupted operation.
- 14.1.3Availability calculations may exclude agreed maintenance, customer-side failures, force majeure events and third-party failures only to the extent specified in the applicable SLA.
14.2Service credits
- 14.2.1If an SLA offers service credits, the SLA will state the eligibility requirements, claim deadline, calculation, maximum credit and method of application.
- 14.2.2Service credits are applied only as described in the SLA and do not remove rights or remedies that cannot lawfully be excluded.
15Suspension and Termination
15.1Suspension
- 15.1.1We may suspend or restrict all or part of a Service where reasonably necessary because of overdue payment, a material breach, security risk, suspected fraud, excessive resource use, legal requirement or threat to the Services or other customers.
- 15.1.2Where practicable and legally permitted, we will provide notice explaining the reason and steps required to resolve the issue. Immediate action may be taken where delay would create a material risk or violate law.
- 15.1.3We will restore access when the reason for suspension has been resolved and any reasonable verification or payment requirements have been satisfied. Any reinstatement fee must be disclosed and legally permissible.
15.2Termination
- 15.2.1You may terminate a Subscription using the method described in your Account or order. Unless stated otherwise, cancellation prevents renewal and does not end the current paid period immediately.
- 15.2.2We may terminate or discontinue a Service where required by law, where a critical third-party dependency is no longer available, or where continued provision is no longer commercially or technically feasible. Where practicable, we will give notice and explain any available refund or transition options.
- 15.2.3Upon termination, your right to access the terminated Service ends, outstanding amounts remain payable, and any refund is governed by Section 8 and applicable law.
15.3Data after termination
- 15.3.1You should export any data you need before the Service ends. Data export formats, retrieval windows and assistance charges are described in the relevant product policy.
- 15.3.2After the applicable retrieval period, we may delete Customer Content in accordance with our retention and deletion procedures, subject to legal obligations, legitimate dispute preservation and backup deletion cycles.
- 15.3.3Any data remaining in backups may be retained for a limited period before being overwritten or securely deleted, as described in the applicable policy.
16Data Storage, Backup and Recovery
16.1Backup service scope
- 16.1.1Backup coverage applies only to the systems, files, databases, configurations and data expressly identified in the purchased backup plan.
- 16.1.2The plan or backup policy will specify the backup frequency, retention period, storage limits, restoration process and any recovery objectives. No specific recovery point or recovery time is promised unless expressly stated.
- 16.1.3Backups may not capture every change, and restoration may be affected by corrupted source data, unsupported configurations, customer actions, third-party failures or events outside our reasonable control.
16.2Restoration and customer responsibility
- 16.2.1Restoration requests must be submitted through our support channel (ticket / chat) and may be subject to identity verification, technical feasibility checks and disclosed charges.
- 16.2.2You remain responsible for verifying the integrity and completeness of restored data and for maintaining independent backups unless the purchased plan expressly states otherwise.
- 16.2.3We will handle backup data according to the applicable retention, security and deletion policy.
16.3Data Retention Following Account Cancellation or Termination
- 16.3.1Upon cancellation or termination of an account, we will delete the associated service data, including files, databases, and other data stored within the Services, subject to any applicable legal, regulatory, or contractual retention requirements. Client information, including account and billing records, may be retained in a soft-deleted or archived state for administrative, legal, compliance, security, or record-keeping purposes. Such information may be restored or retrieved where reasonably necessary and technically feasible, subject to applicable law and our data retention policies. Retained information will be securely deleted when it is no longer required to be maintained.
17Privacy and Data Protection
17.1Personal data
- 17.1.1Our collection and use of personal data are described in the Privacy Policy at Privacy Policy. You should review that policy before using the Services.
- 17.1.2We may process account, billing, support, security and usage information to provide the Services, administer accounts, process payments, prevent abuse, comply with law and perform other disclosed lawful purposes.
- 17.1.3We may share data with service providers and subprocessors that help deliver the Services, subject to applicable contractual and legal safeguards.
17.2Customer data and processing roles
- 17.2.1Depending on the processing activity and applicable law, we may act as a controller, processor or equivalent role. Where required, the parties will enter into a DPA.
- 17.2.2You are responsible for having the rights, notices and lawful basis required to provide personal data to us and to instruct us to process it.
- 17.2.3International transfers, retention, data subject requests and breach notifications will be handled in accordance with the Privacy Policy, any DPA and applicable law.
18Confidentiality
18.1Protection of confidential information
- 18.1.1Each party may receive non-public business, technical, financial or other information from the other party. The receiving party will use it only for the contractual purpose and protect it using reasonable safeguards.
- 18.1.2Confidential information does not include information that is public without breach, already lawfully known, independently developed without use of the confidential information, or lawfully received from another source without a duty of confidentiality.
- 18.1.3A party may disclose confidential information to its personnel, professional advisers and service providers who need it for the contractual purpose and are subject to appropriate confidentiality obligations.
- 18.1.4A party may disclose information where required by law or valid legal process, subject to lawful notice and cooperation where practicable.
19Customer Content and Intellectual Property
19.1Customer Content
- 19.1.1As between you and us, you retain your rights in Customer Content. You grant us a limited, non-exclusive right to host, store, transmit, process, display, back up and otherwise use Customer Content only as reasonably necessary to provide, secure and support the Services, comply with law and perform the agreement.
- 19.1.2You represent that you have the rights and permissions necessary for us to process Customer Content for those purposes.
- 19.1.3We do not acquire ownership of your Customer Content merely because you use the Services. Any additional use, including use for model training or product improvement beyond service delivery, will be described in the applicable product terms or privacy disclosures.
19.2Company intellectual property
- 19.2.1The Services, software, interfaces, documentation, designs, trademarks and related intellectual property are owned by us or our licensors and are protected by applicable law.
- 19.2.2Subject to payment of applicable Fees and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service for the permitted purpose and duration of your plan.
- 19.2.3You must not copy, resell, sublicense, reverse engineer, modify or create derivative works of the Services except as expressly permitted by us or by mandatory law.
20Messaging, Email and Communications Services
20.1Customer communication obligations
- 20.1.1If a Service enables email, SMS, web chat, social messaging or other communications, you are responsible for the content, recipients, sender identity, required notices and permissions associated with your communications.
- 20.1.2You must obtain and document legally required consent, honor opt-outs and comply with applicable anti-spam, telemarketing, privacy and electronic communications laws.
- 20.1.3You must not send deceptive, unlawful, unsolicited or abusive communications, use misleading sender information, or use the Services for phishing, fraud or unauthorized bulk messaging.
20.2Delivery and third-party channels
- 20.2.1Message delivery, timing, routing, read receipts and availability may depend on telecommunications networks and third-party platforms. We do not guarantee delivery unless expressly stated in the applicable SLA.
- 20.2.2Per-message, per-conversation, per-seat, destination or other charges will be described in the applicable pricing schedule.
- 20.2.3You must comply with the rules of each connected channel and are responsible for obtaining any necessary permissions to record, transcribe or monitor conversations.
21Warranties and Disclaimers
21.1Service commitment
- 21.1.1We do not warrant that AI output, analytics, generated code, recommendations or other automated results will be accurate, complete, unique or suitable for a particular purpose.
- 21.1.2We do not guarantee specific commercial, marketing, revenue or business outcomes from use of the Services.
21.2Non-excludable rights
- 21.2.1Nothing in these Terms excludes a warranty, condition, guarantee or consumer right that applicable law does not permit to be excluded or limited.
22Limitation of Liability
22.1Liability limitations
- 22.1.1To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary or consequential losses, or for lost profits, revenues, business opportunities or goodwill, arising from the agreement.
- 22.1.2The parties acknowledge that the limitations in this section are part of the allocation of risk and pricing under the agreement.
22.2Data and service interruption
- 22.2.1You are responsible for maintaining backups to the extent stated in the applicable product terms. Any liability for data loss, service interruption or restoration is subject to express service commitments and applicable law.
- 22.2.2Where an SLA provides service credits, the SLA will specify whether those credits are the exclusive remedy for the particular availability failure, subject to mandatory legal rights.
23Indemnification
23.1Customer indemnity
- 23.1.1To the extent permitted by law, you will defend or settle third-party claims against us arising from your unlawful Customer Content, infringement of third-party rights, prohibited use of the Services or material violation of applicable law, and pay damages or reasonable costs finally awarded or agreed in a settlement approved under this section.
- 23.1.2We will notify you of a covered claim within a reasonable time, provide reasonable cooperation at your expense, and allow you to control the defense and settlement, provided no settlement imposes liability or an admission on us without our prior written consent.
23.2Provider intellectual property claims
- 23.2.1Any provider indemnity for intellectual property infringement must be expressly set out in the applicable order or product addendum, including exclusions, defense procedures and remedies. No broader indemnity is created by this section unless expressly agreed.
24Force Majeure
24.1Events outside reasonable control
- 24.1.1Neither party is responsible for delay or failure to perform to the extent caused by events beyond its reasonable control, such as natural disasters, war, civil unrest, government action, widespread internet or power failures, or major infrastructure disruption.
- 24.1.2The affected party will use reasonable efforts to mitigate the effects and resume performance and will provide notice where practicable.
- 24.1.3If a qualifying disruption continues, either party may exercise the termination rights specified in the order or applicable law.
25Legal Compliance, Export Controls and Sanctions
25.1Compliance
- 25.1.1Each party will comply with laws applicable to its own conduct under the agreement. You are responsible for laws and industry rules applicable to your products, content, users and business activities.
- 25.1.2You must not access or use the Services in a way that violates applicable export controls, sanctions or restrictions on prohibited end users, destinations or end uses.
- 25.1.3We may conduct lawful compliance checks and restrict access where reasonably necessary to comply with law or a binding order.
26Complaints, Copyright Notices and Disputes
26.1Complaints and escalation
- 26.1.1For service, billing or account complaints, contact our support channel (ticket / chat) and include your Account details, relevant order or ticket number, and a description of the issue.
- 26.1.2We will review complaints in good faith and may request additional information. Where appropriate, we will provide an escalation path through our support channel (ticket / chat).
- 26.1.3Copyright or other intellectual property complaints should be sent through our Contact Us page with sufficient details to identify the material, the claimed rights and the requested action.
27Governing Law and Jurisdiction
27.1Applicable law
- 27.1.1These Terms are governed by the laws of U.S. District Court for the New Jersey District of New Jersey located in Newark, New Jersey, (District Court), without displacing mandatory consumer protections or other rules that applicable law requires to apply.
28Notices and Electronic Communications
28.1Notices
- 28.1.1We may send service, billing, security and contractual notices to the email address registered to your Account, through the account portal or by another method stated in the applicable order.
- 28.1.2You must keep your contact details current and check your Account for important notices.
- 28.1.3Electronic acceptance, signatures, invoices and records may be used where legally valid.
29Changes to These Terms
29.1Updates
- 29.1.1We may update these Terms to reflect changes in the Services, business operations, security requirements or applicable law.
- 29.1.2For material changes, we will provide notice through the website, Account portal, registered email or another appropriate channel and state the effective date, subject to applicable law.
- 29.1.3If a material change significantly and adversely affects a paid Service, we will describe any cancellation or other option available under the order or applicable law.
- 29.1.4We may make immediate changes where necessary to address a legal requirement or urgent security risk, to the extent permitted by law.
- 29.1.5We may retain prior versions for reference. Changes will not retroactively remove accrued rights unless legally permissible and properly agreed.
30Assignment, Subcontracting and General Provisions
30.1Assignment and subcontractors
- 30.1.1We may use subcontractors and service providers to deliver the Services and remain responsible for our contractual obligations to the extent required by the agreement and applicable law.
30.2General provisions
- 30.2.1These Terms, together with the applicable order and incorporated policies, form the agreement between the parties concerning the Services and replace prior agreements on the same subject, except for terms expressly preserved.
- 30.2.2If a provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue in effect.
- 30.2.3A party's failure to enforce a provision is not a waiver of its right to enforce it later.
- 30.2.4The parties are independent contractors. These Terms do not create a partnership, joint venture, employment or agency relationship.
- 30.2.5Provisions that by their nature should survive termination, including payment obligations, intellectual property, confidentiality, liability limitations, indemnification and dispute provisions, will survive to the extent applicable.
31Product-Specific Addenda
31.1Cloud backup and data protection
- 31.1.1The applicable backup plan must identify covered systems and data, backup frequency, retention, storage limits, restoration process, recovery objectives if any, exclusions and applicable charges.
- 31.1.2Customers must verify restored data and maintain independent copies unless the purchased plan expressly provides otherwise.
31.2Messaging and customer support platforms
- 31.2.1Customers are responsible for recipient consent, message content, sender identity, opt-outs, channel rules and applicable communications laws.
- 31.2.2The applicable plan must describe supported channels, message charges, transcript retention, recording features, delivery limitations and third-party dependencies.
32Contact Information
32.1Company contacts
- 32.1.1Visit our Contact Us page.