Thanks for using Contact Grow.
Kindly read these Terms carefully.
You are agreeing to all these terms by using or signing up for Contact Grow. these terms will imply a legal agreement between you and Contact Grow ( hereafter referred as “Agreement”). Contact Grow (“Contact Grow,” “we” or “us”) provides Contact Grow email marketing platform offered through the URL www.contactgrow.com (referred to as the “Website”) that allows you to manage your contacts, create, send, and manage email marketing campaigns, including, without limitation, emails and advertisements (each a “Campaign,” and collectively, “Campaigns”) and many more activities related to email marketing. Contact Grow is a subsidiary of Kamyab Infotech Pvt. Ltd., an Indian limited liability company. If you are a customer of Contact Grow or a representative of an entity which is a customer of Contact Grow then you’re a “Member” according to this Agreement (or “you”).
To use Contact Grow, you must:
- complete the registration process;
- be at least eighteen (18) years old and able to enter into contracts as per Indian Contract Act 1872;
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information;
- and not be based in any country that has been designated by the Indian government as a “terrorist-supporting” country.
By using Contact Grow, you make a legally enforceable promise that you meet with all the above-stated conditions and that you won’t use Contact Grow in a way that violates any laws or regulations as per the constitution of India. In case of disobedience of any term, you would be liable to Legal Action.
Contact Grow may refuse to provide any kind of service, close accounts of any user and change eligibility requirements at any time.
The term of Agreement (the “Term’) is formed and shall begin when you sign up for Contact Grow and agree to these Terms. The Term will be bona fide for the period you have a Contact Grow account or until the agreement is terminated by you or us, whichever happens first. If you sign up for Contact Grow on behalf of an entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
- Deleting Your Account
On termination of your Contact Grow account at any time and for any reason, the Agreement will be terminated. We may suspend Contact Grow to you at any time, with or without a reason. If your account is terminated without a reason, we’ll refund a prorated portion of your prepayment. If not stated explicitly we won’t compensate or refund you for any other reason. If there is no activity in your account 2 years or more, your account may be terminated.
All the data associated with your account will be permanently deleted, including your Campaigns once your account is terminated.
- Account and Password
You are solely responsible for keeping your account details, like your name and password confidential. You’re also liable for any activity in your account or any in any account you have access to (barring the activities that Contact Grow is directly responsible for and that aren’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll have to instantly prompt us about any unauthorized access or use of your accounts. We won’t take responsibility for any losses due to stolen information or stolen or hacked passwords that have resulted from your negligence. We don’t have any information about your current password, and for security reasons, we will provide you with directions on how to reset your password. You make a legally enforceable promise that all the information you give to us at any point in time is complete, up to date and accurate. And for billing purposes, we have the right to update any of your contact information in your account.
- Monthly Plans
You agree to pay recurring bills every month when you sign up for our plan, in case an advance payment for several months isn’t made. The bills will be due at the same date or the closest date each month depending on the date that you started your monthly plan. The payments are needed to make in advance. You can choose to close your account anytime.
The charges posted on our Websites are non-inclusive of taxes and it may rise after the taxes. The rates may be changed from time to time.
A prorated refund will be made for a prepaid month in case your account is terminated by us without a cause, warning or a notice. No refund request will be entertained under any other circumstance.
- Charges for Add-Ons
If you want to buy or use an Add-on that is subject to charges, then you will be charged for the additional amount plus taxes applicable on the charge of Add-on with each billing cycle for as long as the Add-on is active. In case of violation of the Terms or the Constitution of India, you will be fined and your account will be terminated.
- Billing Changes
We may change the rates of our plans or introduce new plans at any point by posting it on our Website or/and sending you a notification on the email provided by you.
- Proprietary Rights Owned by Us
You will respect Intellectual proprietary rights owned by us and are present in our Websites and software used in Contact Grow (these include, but aren’t limited to, the copyrights, trademarks, copyright, trade secrets, trademarks and other intellectual property).
- Proprietary Rights Owned by You
You make a legally enforceable promise that you have the permission to use or own the content, data information, or material (including the personal information of others) you submit to us in the course of using the Contact Grow (“Content”). You retain ownership of the Content that you upload to Contact Grow. We may use your Content and your personal information only as described in these Terms.
All the information that we collect from you will be kept private. It won’t be shared by anybody unless you want to do so.
- Right to Review Campaigns
We may use the Content from your Campaigns or account for internal use so that we can create algorithms and programs (“Tools”) for the purpose improving Contact Grow to create a better experience for the Users and their contacts.
RULES AND ABUSE
- General Rules
You follow the following rules by agreeing to these Terms:
You are not allowed to send spam! By “spam” we mean unsolicited bulk emails and as defined by spamhaus.org
You won’t send emails to purchased, rented or third-party lists of email addresses.
You will comply with API Policy in case you use our API policy.
We do not promote any of our users to send or promote harassing, discriminating, hateful, mala fide or negative content. If any such activity is found on your end we may suspend or terminate your account solely on our discretion. Your content must not contain either of the following:
- A threat of physical or mental harm in form of a statement, photograph, advertisement or any other. No recipient of your emails should not perceive your content as threatening, advocating or inciting any kind of violence
- Hateful message in form of a statement, picture, photograph, advertisement or any other. Your content should not be offending to any individual or promote or advocate harassment, intimidation, abuse or discrimination against others.
We also may decide to suspend or terminate your account if your organization’s goals, objectives, positions or founding tenets are found advocating, promoting, being perceived, encouraging any of the above-stated points. We may also suspend or terminate your account if you are found guilty in any lawsuit against you.
- Reporting Abuse
Kindly notify us immediately if you think anybody is violating any of these Terms. If you receive any spam mail and you think it came from a Contact Grow member, please notify us. And also notify us if you think anyone has posted material that violates any protected marks or copyrights or trademarks.
- Compliance with Laws
You make a legally enforceable promise that you will comply with all the applicable rules and regulations while using the Services of Contact Grow. You are responsible to determine whether the Services of Contact Grow are suitable with respect to all the rules and regulations and your obligations as per the law of the countries you are operating, which includes, but is not limited to privacy laws, export and import policies, laws and regulations, economic sanctions and any other applicable law. If you use Contact Grow and it doesn’t meet any rule or regulation, then we won’t be liable if Contact Grow doesn’t meet those requirements.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 16.
- Limitation of Liability
We won’t be liable for any loss that results from the use of Contact Grow and its Website. You are solely responsible for any loss. Our Team and we won’t be held liable for any indirect, penal, special, or collateral damages under any circumstances, not even in case they are based on negligence on our part or we have been intimated or advised about the possibility of any such damage. If a liability arises on our part under or in connection with the Agreement then our payable liability will not be more than what you paid us for your Contact Grow account in the preceding month when the liability arises.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use Contact Grow in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
- No Warranties
Members use Contact Grow for a variety of reasons, we can’t guarantee that it’ll meet your specific needs. If not stated explicitly in these Terms, we don’t provide any expressed or implied conditions, warranties, or undertakings of any kind in relation to the Service.
You make a legally enforceable promise that you will indemnify and keep our Team and us safe from any losses which include legal fees, fines, and expenses that result from any assertions made by you to any stakeholder of yours or any other individual or any other entity that are out of the scope of the Terms. (Indemnity is security or protection against a loss or other financial burden..) You warrant to indemnify and keep us unaffected from any losses which includes, but is not limited to legal fees, fines and charges, that directly or indirectly arise from (a) your Content, (b) way of use of Contact Grow and its Services, (c) your violation of any laws or regulations under the Constitution of India or the countries you are operating in, (d) any misrepresentations made on your part with respect to the Terms, or (f) a breach of any representations or warranties you’ve made to Contact Grow.
- Legal Fees and Expenses
In case we sue you for violation of the Terms and you are found guilty, we are entitled to recover all the related funds spent by us. This includes legal fees, expenses, attorney fees and any other relief we may be awarded against the damages.
- Subpoena Fees
We will charge you for the attorney fees, employee time spent in compiling records, assembling documents and participation in the deposition if we are asked to provide your information in response to a subpoena, court order or any other legal activity or regulatory activity.
We and our Team doesn’t take responsibility for the actions of linked websites, third parties, or other members.
The rights under the Agreement cannot be assigned to anyone else by you. Only we have the rights to assign the Terms of the Agreement to any other individual or entity.
- Choice of Law
The Constitution of India will be applicable to any conflict related to the Agreement or Contact Grow and these conflicts will be solved under the jurisdiction of the state and federal Courts of India and each party and their representatives will be subjected to the jurisdiction of these courts.
- Force Majeure
In case of delay or failure in performance of any segment of Contact Grow due to unforeseeable circumstance, we won’t be held liable. This includes, but is not limited to, changes in law or regulations by the State, embargoes (i.e.,official bans on commercial activities), act of God, war, terrorist activities, riots, fires, natural calamities, nuclear accidents, alien invasion, zombie apocalypse, strikes, power blackouts, unusually severe weather conditions and acts of hackers, or third-party internet service providers.
The following sections will be applicable even if the Agreement between you and us is terminated under any circumstances: Proprietary Rights Owned by Us, Compliance with Laws, Choice of Law, Limitation of Liability, Proprietary Rights Owned by You, No Warranties, Severability, Indemnity, and Entire Agreement.
If a/some section is not applicable then it would be removed or edited as required but the rest of the Agreement will be valid as it is.
- Amendments and Waiver
The amendments if any are made in the Agreement will only be effective when we post the revised Terms on our Website. We may take action in case of violation of any term stated, if not now then at some point in future.
- Changes in Terms
The changes in the Terms will not be done, if not explicitly stated.
- Further Actions
You must provide all the required documents and take all the necessary actions to meet the commitments made under these Terms.
The notices that we send to you via email or any other method will be effective the moment when we send it. Any notice sent by you, to us will be effective only when it is delivered to us.
- Whole Agreement
The Whole Agreement comprises of the Agreement and Additional Terms you’ve agreed to by purchasing any Add-On features. The additional Terms, if any, will be integrated immediately when the corresponding Add-on is activated.
In the situation of any type of dispute, the Terms and the Additional Terms will control the expanse of the dispute.
Thank you for spending some time to learn about the policies of Contact Grow.
Get in touch with us for any query.
Updated: June 13, 2018.