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Terms & Condition

Terms of Service

Effective date: September 15, 2019
Last Updated: November 11, 2019

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Superlemon Apps Private Limited.

Superlemon Apps Private Limited is a company incorporated under the laws of India with its registered office at #622, Jalvayu Towers, Benniganahalli, Bangalore, Karnataka, India, 560038 (hereinafter referred to as “SuperLemon”, “Company” “We”, “Us”, or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). Your (“You”, “Your” or “User”) use of the website is subject to the notices, terms and conditions set forth in these Terms of Service ("Terms"). The domain name “superlemon.xyz” (hereinafter referred to as the "Website") is owned by SuperLemon.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE. PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS THROUGHOUT YOUR USE OF THE WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THIS WEBSITE.

Your use of Website being indicative of such acceptance. These Terms of Use shall be enforceable against You in a the same manner as any other written agreement.

GRANT OF RIGHTS

Subject to the terms of use, Company hereby grants to User, solely for your internal business operations and strictly in accordance with this terms of use and with any applicable law, a limited, non-perpetual, non-exclusive, non-transferable right to access and use the Website.

ELIGIBILITY

By agreeing to these Terms, you represent that you have attained at least the age of majority in as per the laws of your country/ state or province of residence.

You further represent and warrant that, if you are acting on behalf of your organization, you have the right, power and authority to, and do, accept these Terms on its behalf.

REGISTRATION

You may access some areas of our website without registering to the website. However, in order to access certain features of the website You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, and website address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the services (or any portion thereof) permanently.

When you sign up on this Website, your personal information will be registered automatically in our database which will be maintained and used by the Website in accordance with the Privacy Policy. In case of change in personal information, you may write to us at the contact information provided below.

SUBSCRIPTION PLAN AND PAYMENT

While we may provide certain services free of cost during the trial period offered to you, post expiry of the trial period services can be accessed only by way of subscription. Information about subscription plans and prices would be provided in the Website while requesting for a subscription of a service. You agree to pay the price for the subscription or service as per the pricing schedule indicated in the Website.

Our billing is handled by Shopify on behalf of all merchants. The payment process will be governed by Shopify terms and condition available at https://www.shopify.in/partners/app-store-terms .

Your subscription will commence on the day you enter into this Agreement by making a valid payment for subscription on the Shopify Website and shall continue to remain in force unless terminated in accordance with these Terms.

We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the any subscription plan or service offering. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. You will make timely payment of all such taxes, duties or government levies related to your Subscription.

You can cancel your subscription either from the Shopify app or by uninstalling SuperLemon. In case of any refund request, we provide full refund for that particular month.

PROHIBITED ACTIVITIES

In general, as a condition to your continued use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. User shall not post, transmit, or otherwise make available through or in connection with its use of the Website:

  • Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.
  • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by SuperLemon in advance.
  • Impersonate any person or entity, including without limitation any representative of SuperLemon or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that SuperLemon endorses any statement you make.
  • Interfere with or disrupt the operation of the Website or the servers or networks used to make the services available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the services (including without limitation by hacking or defacing any portion of the services).
  • Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the services or Website.
  • Remove any copyright, trademark or other proprietary rights notice from the SuperLemon or materials originating from the SuperLemon.
  • Frame or mirror any part of the services.
  • Create a database by downloading and storing SuperLemon's User Content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way SuperLemon's services or reproduce or circumvent the navigational structure or presentation of the services without SuperLemon’s express prior written consent.

User shall use all reasonable endeavours to prevent any unauthorized access to, or use of, the services and, in the event of any such unauthorized access or use, shall promptly notify SuperLemon.

INTELLECTUAL PROPERTY

The trademarks, logo and slogans of SuperLemon displayed on the Website (collectively the "Trademarks") are owned by SuperLemon. Nothing on this Website should be construed as granting any license or right to use the Trademarks without written permission of SuperLemon or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Website, except as provided in these Terms is strictly prohibited. You are advised that SuperLemon will aggressively enforce its intellectual property rights to the fullest extent of the law.

SuperLemon respect the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition of your use of the Site, you agree not to use any feature of the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any user, and block access to Website of any user who are repeat infringers of the copyrights, or other intellectual property rights, of SuperLemon or others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.  

The User agrees to be solely responsible for and bear the risk of sharing any intellectual property rights owned by them through the SuperLemon's website. You shall not hold SuperLemon responsible for any infringement of intellectual property rights by any other user/ third party.

CONFIDENTIALITY

SuperLemon will not use any of user’s confidential information except in connection with the performance of the services or the exercise of its rights under these terms and will take all reasonable precautions to maintain the confidentiality of user’s confidential information and to prevent the unauthorized disclosure to others of the confidential information. SuperLemon shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to user by inadvertent breaches of confidentiality.

THIRD-PARTY LINKS

Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Further, the Company uses certain third party resources in order to provide the services to its users. The User acknowledges and agrees that Company is not and shall not be responsible for the availability, performance or security of any such external third party services or resources, and it shall not be held liable for any loss or damage (including loss of data and/or loss of profits), which may be incurred by the User, as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in those external third party services or resources, or as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in the website provided through such external third party services or resources.

SERVICE LEVEL UNDERSTANDING

The Company shall endeavor to ensure 99% uptime of its Website. However, the User shall not construe this as a guarantee by the Company, and the User shall not hold the Company liable for any reasonable failure of the Company to ensure the uptime.  

In the event of the failure of the Company to provide the aforementioned service standards, the Company in its sole discretion may provide to the User monetary credits equivalent to the lost period due to the failure in Service commitments. In the event the Company determine to pay the monetary credits to You for its failure to meet the service standards, the monetary credits shall be reflected on your monthly invoice, and the sum of the monetary credit shall be deducted from the subscription fees payable by You.

DATA PROTECTION/PRIVACY

Please read our privacy policy carefully as you are agreeing to be bound by that privacy policy. Please note that our privacy policy is updated regularly. You should check it each time you access the site.

NOTIFICATIONS

You agree to SuperLemon sending you notifications and important messages time to time via its websites, mobile applications, and email to provide you a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SuperLemon NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITES OR SERVICES OR THESE TERMS.

INDEMNITY

USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUPERLEMON AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS), ARISING FROM OR RELATING TO: (A) THE USE OF THE WEBSITE BY USER OR ANYONE USING USER’S ACCOUNT; (B) THE VIOLATION OF THESE TERMS OF SERVICE BY USER OR ANYONE USING USER’S ACCOUNT; OR (C) THE VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER PROPRIETARY RIGHTS BY USER OR ANYONE USING USER’S ACCOUNT.

RESTRICTED LOCATION

SuperLemon MAKES NO REPRESENTATION THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE INDIA. USERS WHO ACCESS THE WEBSITE FROM OUTSIDE INDIA DO SO AT THEIR OWN RISK AND INITIATIVE AND MUST BEAR ALL RESPONSIBILITY FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.

TERMINATION

UNLESS TERMINATED BY THE SUPERLEMON, THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE ANY OF THE SERVICES. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY DELETING ALL YOUR PERSONAL INFORMATION PROVIDED TO SUPERLEMON AND DELETING THE USER ACCOUNT WITH SUPERLEMON. IN THE EVENT IT IS DETERMINED BY SUPERLEMON THAT YOU HAVE VIOLATED ANY OF THESE TERMS, WE SHALL HAVE THE RIGHT, AT OUR SOLE DISCRETION, TO SUSPEND YOUR ACCOUNT AND TERMINATE THE SERVICES FORTHWITH. ANY SUCH SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND THE SERVICES MAY BE EFFECTED BY US WITHOUT PROVIDING YOU WITH A PRIOR NOTICE IN THIS REGARD.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Preetam Nath

Designation: Co-founder

Email: support@superlemon.xyz

Time: 9 AM - 5 PM ( Indian Standard Time )

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

DISCLAIMER

Our Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SuperLemon does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While SuperLemon attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable by any court or tribunal of competent jurisdiction, the other provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The Terms of Use constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

CHANGES IN TERMS

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our this page periodically for any changes. Your continued use of or access to our website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

JURISDICTION

The Terms of Use shall be governed by the laws of India, and the courts at Bengaluru shall have exclusive jurisdiction with respect to any dispute arising hereunder.


Effective starting: June 2019

Webaroo Inc. ("Gupshup", "we", "our", or "us") provides an online software platform (the "Gupshup Platform") that enables developers and other users to build, host, and deploy BOTS for devices and software applications.

These Terms of Service (these "Terms") include the legal terms that we require all developers and other users to accept and implement as a condition of accessing our web services located at http://www.gupshup.io and other websites owned and/or operated by Gupshup (the "Website(s)"), and/or accessing or using the application programming interfaces provided on or in connection with the Gupshup Platform ("API(s)"), including any documentation, materials, code, data (such as logs as defined below), files (such as AIML and Other Files as defined below) and other information or materials made available to you by Gupshup on or in connection with the APIs (collectively, "Gupshup Content") to develop Bot s for use in your products or devices (“Devices”) and/or your software applications ("Application(s)").

The Gupshup Platform includes a sandbox environment and developer portal designed to allow you to access, upload, download, edit, create, store, and interpret files and data in connection with building, hosting, and deploying your Bot (s). Files contained in each Bot may include files written in Artificial Intelligence Markup Language (“AIML Files”), and SETS, MAPS, SUBSTITUTIONS, and SYSTEM files (collectively, “Other Files”). For more information on AIML and Other Files, please see the online https://www.gupshup.io/developer/inapp-api. Data may include analytics and bot logs, which may include “Inputs” to, and “Outputs” from, your Bot (s) (“BOTlogs”). "Inputs" are typically text inputs, whether typed or converted from speech utterance or spoken phrase to text, by an individual sent from your Application to Gupshup servers for processing; "Outputs" are the responses returned to your Application by the Gupshup Platform.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Gupshup reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.

BY USING OR CONTINUING TO USE THE GUPSHUP APIS OR BY CLICKING "Sign Up" YOU AGREE TO USE THE GUPSHUP APIS AND OTHER GUPSHUP CONTENT SOLELY IN ACCORDANCE WITH THESE TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS. THESE TERMS SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE GUPSHUP APIS, OTHER GUPSHUP CONTENT, OR THE GUPSHUP PLATFORM ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM "YOU" WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APIS OR OTHER GUPSHUP CONTENT.
  1. Accounts and Registration
  2. Use of Gupshup Content
  3. Refund Policy
  4. Prohibitions
  5. Acceptable Use Policy
  6. Compliance
  7. Privacy and Security
  8. DMCA
  9. Ownership and License
  10. Updates
  11. Branding and Attribution
  12. Termination
  13. No Warranties
  14. Limitation of Liability
  15. Indemnification
  16. Other Legal Terms and Conditions


Accounts and Registration

Accounts

Registration


Refund Policy for Latin America region

Eligibility for refund:
In the event of non-usage of WhatsApp self-serve platform from the date of recharge subject to User making a written request to us within 7 days of recharge, User shall be entitled for refund of money. In case User makes the request for refund upon the expiry of seventh day, GupShup shall upon the sole discretion credit WhatsApp notifications to the wallet of the user.

Applicability of Refund Policy:
This policy is only applicable for Latin America region. Rest other regions and countries shall be governed by the Terms of Service.

Procedure for Refund:
Grievance Redressal
Any grievances relating to the Refund may be directed by User to the grievance officer of GupShup who can be contacted at devsupport@gupshup.io


Use of Gupshup Content

Right to Access and Use of Gupshup Content.
Subject to these Terms, Gupshup grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Gupshup Content and Gupshup Platform, solely to the extent necessary for you to host and create bot (s) that operate solely in connection with your Devices and/or Applications.

Permitted Access.
You will access (or attempt to access) an API or other Gupshup Content only as expressly permitted by these Terms and the means described by Gupshup in the documentation, instructions, or features available based on Your Usage (as defined below).

API Calls.
Gupshup may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability, or, without limiting the foregoing, in accordance with limits based on your free or paid subscription usage (“Your Usage”) of the Gupshup Platform. Gupshup may throttle your activity or cease offering you access to the APIs altogether in Gupshup ' sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.

Fees.
Fees, API limits, and access to other features may vary depending on Your Usage. The limits, features, and fees owed for each available paid plan (“Subscription Plan(s)”) are set forth at Gupshup ' website www.gupshup.io and are subject to change without notice. You acknowledge and agree to pay all fees, as due, for the full-term of the subscription, regardless of whether the subscription is cancelled prior to expiration or termination of these Terms. No refunds will be given to customers outside of Latin America region for any reason, including, but not limited to, unused Services, regardless of whether the subscription is cancelled prior to expiration or termination of these Terms. You must provide Gupshup notice of any billing issues or disputes within fifteen (15) days after they first appear on the statement you receive from your bank, credit card company, or other billing company or invoicing. Failure to notify Gupshup of any billing issues within the fifteen (15) day period will result in your acceptance of the charges and you waive the right to dispute such charges. Failure to pay fully and promptly may result in the deactivation of your account until payment is successfully received.

Open Source Software.
Some of the software offered by or included in the Gupshup Content may be offered under an open source license. There may be provisions in the open source license that expressly override some of these Terms, and in those cases, the overriding provisions apply.

Accuracy.
We do not guarantee the accuracy of any Gupshup Content, including any output generated in connection with your use of the Gupshup Content or Gupshup Platform. You acknowledge and agree that you use and rely on the Gupshup Content and the Gupshup Platform at your own risk, and that Gupshup will not be liable for any errors or inaccuracies of any Gupshup Content or the Gupshup Platform.

Monitoring.
Gupshup may, but is under no obligation to, monitor the use of the Gupshup Content to ensure quality, improve Gupshup products and services, or verify your compliance with these Terms. You will not interfere with such monitoring.

Compliance with Law.
You will use our APIs and other Gupshup Content and the Gupshup Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other Gupshup Content to encourage or promote illegal or dangerous activity. You also will require any end users of your Devices or Applications ("End Users") to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.


Prohibitions
When using any Gupshup Content and/or the Gupshup Platform, unless otherwise approved in writing by Gupshup , the following prohibitions apply:


Acceptable Use Policy
Here at GupShup, our goal is to help user and user's team do the best work of user's lives, every day. To do this, we need to keep our products and services running smoothly, quickly, and without distraction. For this to happen, we need help from user, our users. We need user not to misuse or abuse our products and services.

To describe exactly what we mean by "misuse" or "abuse" - and help us identify such transgressions, and react accordingly - we've created this Acceptable Use Policy. Under this policy, we reserve the right to remove content that is inconsistent with the spirit of the guidelines, even if it's something that is not forbidden by the letter of the policy. In other words, if user do something that isn't listed here verbatim, but it looks or smells like something listed here, we may still remove it.

Here's what we won't allow:

1. Disruption
2. Wrongful activities

3. Inappropriate communications
4. Inappropriate content
  1. Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful;
  2. Encourages illegal or tortious conduct or that is otherwise inappropriate;
  3. Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;
  4. Contains viruses, bots, worms, scripting exploits, or other similar materials
  5. Is intended to be inflammatory;
  6. Could otherwise cause damage to Gupshup or any third party;

5. Acceptable Use
  1. Use our Business Services for personal, family, or household purposes;
  2. Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  3. Use or attempt to use another user's account without prior authorization from that user, Gupshup and WhatsApp;
  4. Impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements;
  5. Collect information of or about other users in any impermissible or unauthorized manner;
  6. Use our Business Services other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users;
  7. Damage, disable, overburden, or impair our Business Services;
  8. Send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications;
  9. Post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable;
  10. Encourage or provide instructions for a criminal offense;
  11. Distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
  12. Bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to prevent or limit access to any part of our Business Services, including content-filtering techniques; or
  13. Expose GupShup, WhatsApp or others to any type of harm or liability.

6. Restrictions
Except as otherwise permitted by GupShup in writing, User must not directly, indirectly, or through automated or other means: (a) distribute, sell, resell, or rent our Business Services to third parties; (b) distribute or make our Business Services available over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that we have expressly provided for your use via our Business Services; and (c) copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Business Services. User must not directly, indirectly, or through automated or other means: (d) remove any proprietary rights notices or markings; (e) reverse engineer any aspect of our Business Services or do anything that may discover source code; (f) scrape or extract data from our Business Services; (g) develop or use any applications that interact with our Business Services without our prior written consent; and (h) create software or APIs that function substantially the same as our Business Services and offer them for use by third parties in an unauthorized manner.

In this Acceptable Use Policy, the term "content" means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, files or other materials that user post, upload, share, submit, or otherwise provide in any manner to the services and (2) any other materials, content, or data user provide to GupShup or use with the Services.

Without affecting any other remedies available to us, GupShup may permanently or temporarily terminate or suspend a user's account or access to the services without notice or liability if GupShup (in its sole discretion) determines that a user has violated this Acceptable Use Policy.


Compliance
Gupshup reserves the right to investigate any Device or Application for compliance with these Terms. Such investigations may include Gupshup accessing and using your Device or Application, for example to identify stability or security issues that could affect Gupshup or its customers. You consent to any such investigation. Gupshup may immediately suspend or terminate access to the Website(s), APIs, other Gupshup Content, and the Gupshup Platform by you or your Device or Application without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise.



Privacy and Security


DMCA
We respect content owner rights; it is Gupshup ' policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), as provided in our DMCA Policy.


Ownership and License

Your Bots, Devices, Applications, and Customer Data.
Gupshup does not acquire ownership of your Bots, Devices, Applications, or Customer Data by your use of the APIs or other Gupshup Content. You represent and warrant that you have the necessary rights to provide all Customer Data, including without limitation, End User Data and Account Information, and other information you make available in connection with your use of the Gupshup Content and/or the Gupshup Platform and to grant all rights and licenses under these Terms. Without limiting the foregoing, if you are using the Gupshup Content or Gupshup Platform on behalf of your employer or any third party, you represent and warrant that your employer or such third party has expressly authorized you to make available and use any content, data, or information that you use or make available in connection with your use of the Gupshup Content and/or Gupshup Platform. You further represent and warrant that your Customer Data (including, without limitation, End User Data and Account Information), Applications, and/or Devices, and any use thereof in connection with the Gupshup Content or Gupshup Platform will not violate the rights of any third party, including but not limited to, intellectual property rights, trade secret rights or other proprietary rights, or rights of privacy, or violate any applicable laws, rules, or regulations.

Customer Data Rights and License.
In connection with the operation of the Gupshup Content and Gupshup Platform, Gupshup receives, utilizes, and analyzes Customer Data. You retain ownership of your Customer Data. However, notwithstanding anything to the contrary, you hereby grant Gupshup a license to: (i) use and disclose your Customer Data to provide the Gupshup Content and the Gupshup Platform; (ii) use your Customer Data for Gupshup ' internal business purposes; (iii) disclose your Customer Data as may be required by law or legal process; and (iv) otherwise use and disclose your Customer Data in accordance with the Gupshup Privacy Policy https://www.gupshup.io/developer/privacy. Without limiting the foregoing, you agree that Gupshup is expressly and irrevocably authorized to utilize, analyze, modify, reproduce, publish, share, create derivative works of, or otherwise exercise all rights in your Customer Data and any analytics, statistics or other data related to or derived from your Customer Data and/or your use of the Gupshup Content or Gupshup Platform for any purpose, provided that such data is in aggregate and anonymized form ("Aggregate Data"). Subject to the Customer Data licenses, you acknowledge and agree that Gupshup will exclusively own all right, title, and interest in and to all Aggregate Data and other output data generated by the Gupshup Platform. Notwithstanding anything to the contrary, if you ever have any ownership interest in any Aggregate Data or output data, you hereby assign to Gupshup all such right, title, and interest in and to such Aggregate Data and output data, including all intellectual property rights therein.

Gupshup Content and Gupshup Platform.
By using our Website(s), APIs, other Gupshup Content, or Gupshup Platform, you do not acquire ownership of any rights in our Website(s), APIs, other Gupshup Content, the Gupshup Platform, or any data, content or information that is transmitted or accessed through our APIs, including without limitation, any Libraries, Bots, AIML code, bot logs, or other data provided by Gupshup or other Gupshup users. Except for your Customer Data, as between you and Gupshup , the Gupshup Content, the Gupshup Platform, and all data, content, and information that is contained in or transmitted or accessed through our APIs and/or the Gupshup Platform, including, without limitation, software, Libraries, Bots, AIML code, machine learning models, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and data belonging to other users, and all intellectual property rights related thereto, are the exclusive property of Gupshup and its licensors.

Feedback.
If we receive any feedback, suggestions, ideas, reports, or other information relating to any Gupshup Content or any Gupshup products or services, we may use such information without obligation to you.

Restrictions; Retained Rights.
The Website(s), Gupshup Content, and Gupshup Platform are protected by United States intellectual property laws, including without limitation copyright laws, and international treaty provisions. You will not remove or alter any proprietary notices or marks on any Gupshup Content or the Gupshup Platform. You will not reverse engineer or attempt to extract the source code from any API, other Gupshup Content, the Gupshup Platform, or any related software, except to the extent that this restriction is expressly prohibited by applicable law. You also will not sublicense, lease, rent, loan, distribute, sell, transfer or make available the APIs or other Gupshup Content or the Gupshup Platform to any third party except as specifically permitted by these Terms. Gupshup Content is licensed and not sold. Gupshup reserves all rights not expressly granted in these Terms.



Updates
We reserve the right to modify or update the Website(s), Gupshup Content and/or Gupshup Platform at any time, for any reason, and without notice to you. If Gupshup makes updates, revisions, breaking changes or in any way modifies an API or other Gupshup Content, you agree that you are solely responsible for making changes to your Device or Application to ensure continued service for your End Users. We are constantly changing and improving our APIs and other Gupshup Content. We may add or remove functionalities or features at our discretion, for any reason, and we do not guarantee that your Device or Application will function with any future or modified versions of any Gupshup Content or the Gupshup Platform.



Branding and Attribution

Gupshup Brand.
Except where expressly stated, these Terms do not grant either party any right, title or interest in or to the other party's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, "Marks").

Attribution.
You agree to display any at tribution(s) required by Gupshup as described in any documentation for the APIs or other Gupshup Content. Gupshup grants to you a limited, freely revocable, nontransferable, non-sub licenseable, nonexclusive license during the term of your subscription to display Gupshup ' Marks solely for the purpose of promoting or advertising your use of the APIs and other Gupshup Content. You must only use the Gupshup Marks in accordance with these Terms. You understand and agree that Gupshup has the sole discretion to determine whether your attribution(s) and use of Gupshup Marks is in accordance with the above requirements and any applicable guidelines.

Publicity.
You will not make any statement regarding your use of an API that suggests partnership with, sponsorship by or endorsement by Gupshup without Gupshup prior written approval.

Promotional and Marketing Use.
In the course of promoting, marketing, or demonstrating the APIs you are using, Gupshup may produce and distribute incidental depictions, including screenshots or other content from your Application or Device, and may use your company or product name and logos. You hereby grant Gupshup all necessary rights for these purposes.



Termination

Termination.
You may change Your Plan or stop using our APIs and other Gupshup Content at any time. If you want to terminate your account and these Terms, you must email us at legal@gupshup.io and inform us of your intention to cancel your account ("Termination Notice") atleast 30days in advance. You may download a copy of your Bot (s), i.e., AIML and Other Files, through the available online interfaces at any time prior to cancelling or deleting your account or within 30 days therein. Subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon our written acknowledgement of our receipt of your Termination Notice, these Terms will terminate.
Gupshup has the right to immediately terminate these Terms or discontinue your use of the Website(s), Gupshup Platform, the APIs and other Gupshup Content or any portion or feature thereof for any reason and at any time without liability or other obligation to you. Upon any termination or expiration of these Terms or discontinuation of your access to any Gupshup Content, you must immediately cease all use of the Gupshup Platform, any Gupshup Content (including the APIs), and Gupshup Marks and delete all copies thereof.

Surviving Provisions.
When these Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 3 – 8, 10, and 11, 12- 14



No Warranties
THE GUPSHUP CONTENT AND GUPSHUP PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE GUPSHUP CONTENT AND GUPSHUP PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GUPSHUP CONTENT AND GUPSHUP PLATFORM ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WITH OR THROUGH THE GUPSHUP CONTENT OR GUPSHUP PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GUPSHUP , ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE GUPSHUP CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE GUPSHUP CONTENT OR GUPSHUP PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE GUPSHUP CONTENT OR GUPSHUP PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE GUPSHUP CONTENT OR GUPSHUP PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GUPSHUP CONTENT OR GUPSHUP PLATFORM IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE GUPSHUP CONTENT OR GUPSHUP PLATFORM.

YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA AND YOUR FILES, AND MUST NOT RELY ON US TO STORE, BACKUP, OR MAKE AVAILABLE TO YOU YOUR DATA OR YOUR FILES, INCLUDING BUT NOT LIMITED TO BOTLOGS, AIML AND OTHER FILES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.



Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUPSHUP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE GUPSHUP CONTENT OR GUPSHUP PLATFORM. UNDER NO CIRCUMSTANCES WILL GUPSHUP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE GUPSHUP CONTENT OR GUPSHUP PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUPSHUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE GUPSHUP CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE GUPSHUP CONTENT OR GUPSHUP PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GUPSHUP CONTENT OR GUPSHUP PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE GUPSHUP CONTENT OR GUPSHUP PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY GUPSHUP CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY GUPSHUP CONTENT OR OTHER CONTENT OR DATA TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE GUPSHUP PLATFORM; AND/OR (VII) CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GUPSHUP , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING LOWER OF THE AMOUNT YOU PAID TO GUPSHUP HEREUNDER IN THE THREE (3) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR USD 100.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GUPSHUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

In using the Gupshup Content and Gupshup Platform, you must design and test your Devices and Applications to ensure that your Devices and Applications do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the Gupshup Platform or Gupshup Content. If you choose to use the Gupshup Content or Gupshup Platform in any way, you assume all risk that your use of the Gupshup Content or Gupshup Platform causes any damage, harm, injury, or loss, including without limitation to any End Users or other individuals or property. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any Gupshup Content or the Gupshup Platform, and you agree to hold us harmless from all such damage, harm, injury, or loss.



Indemnification
You agree to defend, indemnify and hold harmless Gupshup and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to: (i) your use of and access to the Gupshup Content (including the APIs) or Gupshup Platform, including any data or content transmitted or received by you; (ii) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) any violation of any third-party right, including without limitation any right of privacy or intellectual property rights, by you, your Customer Data, Device, or Application, or any use thereof; (iv) your violation of any applicable law, rule or regulation; (v) any of your Customer Data or any that is transmitted via your account; (vi) any personal injury or property damage arising from or relating to your use of the Gupshup Content or Gupshup Platform or any authorized or unauthorized use of your Device or Application; or (vii) any other party's access and use of the Gupshup Content or Gupshup Platform with your unique username, password or other appropriate security code.


Other Legal Terms and Conditions

Independent Development.
These Terms do not impair Gupshup right to develop, manufacture, purchase, use or market, directly or indirectly, alone or with others, products or services competitive with those offered by you.

Confidential Information.
Our communications to you may contain Gupshup confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the Gupshup confidential information to any third party without Gupshup's prior written consent.

Notifications and Modification.
Gupshup may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Gupshup in our sole discretion. Gupshup reserves the right to determine the form and means of providing notifications to our users. Gupshup is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Gupshup may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified' date at the top of this page. Your continued use of the Gupshup Content or Gupshup Platform after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or any future Terms of Service, do not use or access (or continue to access) the Gupshup Content or Gupshup Platform.

HIPPA Compliance.
You understand and agree that the Gupshup Platform is not HIPPA compliant and such compliance is not expected to be included within the Services unless otherwise agreed in writing.

Governing Law.
These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in USA, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that USA, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GUPSHUP. For any dispute with Gupshup, you agree to first contact us at legal@gupshup.io and attempt to resolve the dispute with us informally. In the unlikely event that Gupshup has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), shall be referred to a panel of 3 Arbitrators in accordance with Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactment thereof for the time being in force. The language of the arbitration shall be English. The venue of such arbitration shall be at Mumbai and the award of the Arbitrator shall be binding on both the parties. If you are using the Gupshup Content or Gupshup Platform for commercial purposes, each party will be responsible for paying any Arbitration filing, administrative and arbitrator fees in accordance with rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Gupshup Content or Gupshup Platform for non-commercial purposes: (i) Gupshup may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from Gupshup; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Gupshup from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE GUPSHUP CONTENT OR GUPSHUP PLATFORM FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GUPSHUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

General Legal Terms.
These Terms control the relationship between Gupshup and you. They do not create any third party beneficiary rights. If the Gupshup Content or Gupshup Platform is licensed to the United States government or any agency thereof, then the Gupshup Content and Gupshup Platform will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFARS Section 227.7202 and FAR Section 12.212, as applicable.

Any use, reproduction, release, performance, display or disclosure of the Gupshup Content or Gupshup Platform and any accompanying documentation by the U.S. Government will be governed solely by the terms and conditions of these Terms and is prohibited except to the extent expressly permitted by the terms and conditions of these Terms. The Gupshup Content and Gupshup Platform originate in the United States, and are subject to United States export laws and regulations. The Gupshup Content and Gupshup Platform may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Gupshup Content and Gupshup Platform may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Gupshup Content and the Gupshup Platform.

No waiver of any term of these Terms shall constitute a further or continuing waiver of such term or any other term, and Gupshup failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gupshup without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

These Terms, together with any amendments and any additional agreements you may enter into with Gupshup in connection with the Gupshup Content or Gupshup Platform, shall constitute the entire agreement between you and Gupshup concerning the Gupshup Content and Gupshup Platform.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

Contact
Please contact us at legal@gupshup.io with any questions regarding these Terms.

Last Revision Date
This Policy was last revised on April 16.
DMCA- Digital Millennium Copyright Act
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, the Gupshup Content, or the Gupshup Platform, please notify Gupshup copyright legal as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA legal:
Attn: Beerud Sheth
Subject: DMCA Notice
Email: legal@gupshup.io or info@webaroo.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Gupshup and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Gupshup's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Gupshup has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Gupshup may also at its sole discretion limit access to the Gupshup Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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