Version Date: July 2021
These Terms of Service (this “Agreement”) are made between Ayurkendra and you, or if you represent an entity or organization, that entity or organization (in either case “You” or “Your”).
Ayurkendra provides certain services relating to the development, transmission, analysis, and management of communication services including SMS, email messages, and voice services (the “Services”) through its website and other related platforms (collectively referred to as the “Site”).
All access to and use of the Services available through the Site is subject to the terms of this Agreement. By accessing or using the Site, you agree to comply with these terms and conditions.
If you place an order through the website, email, phone, or other methods seeking access to certain services requiring registration, Ayurkendra will provide access only if you comply with the conditions outlined in this Agreement.
The Services are not available to individuals under the age of 18 or those who do not meet the qualifications stated in this Agreement.
This Agreement becomes effective on the earlier of the date you submit an order for services or the date you first access or use the Site (the “Effective Date”).
This Agreement governs your access to and use of the Services and represents the complete understanding between you and Ayurkendra regarding such use.
Ayurkendra reserves the right to update or modify the Site, Services, or this Agreement at any time. Any changes will become effective 30 days after being posted on the Site or communicated to users.
Terms used in this Agreement will have the definitions provided within this Agreement. If a term is not specifically defined, it will carry its plain English meaning as commonly interpreted.
All orders placed by you will be governed by the terms of this Agreement. Ayurkendra will confirm your order either through the website at the time of submission or by providing access to the requested services.
If the terms of any order conflict with the confirmation issued for that order, the terms of the confirmation will prevail with respect to the services provided to you.
By accessing or using any services, you agree to be bound by the terms of this Agreement and any applicable order or confirmation.
This Agreement becomes effective on the Effective Date. If you have ordered a trial or free subscription, the term will remain valid during the trial period and will expire unless a paid subscription is initiated.
For paid subscriptions, the Agreement will continue for the initial subscription period and will automatically renew for additional periods of equal duration.
If no specific duration is mentioned, the default term will be 12 months and will automatically renew for additional 12-month periods unless terminated with at least 30 days prior notice.
Subject to this Agreement, Ayurkendra will provide you with a limited subscription to access and use the Services solely for your own business purposes. Your rights are personal, non-exclusive, non-transferable, and non-sublicensable. Ayurkendra reserves the right to update, revise, suspend, or discontinue the Services or any portion of them at its sole discretion, with or without notice.
Upon confirmation of your order, you will be granted access to the Services through one or more user accounts (“Account”).
You are responsible for maintaining the confidentiality of your Account ID and for all activities conducted through your account. If your account credentials are compromised, you must notify Ayurkendra immediately.
You are solely responsible for all costs, liabilities, and damages arising from the use of your account, as well as for obtaining and maintaining any equipment required to access the Services.
Your access to and use of the Site and Services is subject to the current policies of Ayurkendra, including any policies published on the website or provided through the Services. You are responsible for reviewing and complying with all applicable policies.
Any software or code made available through the Site or Services is protected by applicable Intellectual Property Rights. Ayurkendra grants you a limited, non-exclusive, and non-transferable license to use such software solely for your business purposes in connection with the Services. Except as expressly permitted, you may not modify, reproduce, distribute, or exploit any software without prior written permission from Ayurkendra.
The Services may include integrations or access to third-party services which may be governed by separate agreements. The terms of any applicable third-party service agreement will apply in addition to this Agreement. Ayurkendra reserves the right to modify or discontinue third-party services at any time without prior notice. No additional rights or licenses are granted unless expressly stated.
You agree not to misuse the Services, Site, Software, or Technology. Prohibited activities include unauthorized access, sending unsolicited communications, reverse engineering, reselling services, harvesting data, breaching security measures, or interfering with system operations. Only authorized users may access the Services and all usage must comply with this Agreement.
You agree to pay Ayurkendra all fees specified in each Order, Confirmation, or as otherwise posted on the Site (“Fees”). Fees will be billed as stated in the applicable Order or Confirmation. If billing terms are not specified, fees are due in advance on the Effective Date and on each renewal. All fees are non-refundable. Ayurkendra may suspend the Services if payment remains overdue for more than 30 days. You are responsible for any collection costs and applicable taxes.
Ayurkendra may terminate or suspend this Agreement at its discretion in cases of breach, non-payment, or during any trial or free subscription period. Upon termination, all rights granted to you will cease, any outstanding fees will become immediately payable, and Ayurkendra may delete your content. Certain provisions of this Agreement may continue to remain in effect after termination as required.
Ayurkendra retains all rights, title, and interest in the website, services, technology, software, and related content, including all intellectual property rights. No ownership rights or licenses are granted to you except those expressly stated in this Agreement.
All content provided by Ayurkendra remains the property of Ayurkendra and may be used by you only for permitted business purposes. You retain ownership of your content but grant Ayurkendra the necessary rights to process and use it for providing the Services. You are solely responsible for your content and confirm that it complies with all applicable laws and policies.
Except as expressly stated, the Site and Services are provided “as is” and “as available.” Ayurkendra disclaims all warranties, whether express or implied. By using the Services, you confirm that you have the authority to enter into this Agreement and that your content is accurate, lawful, and compliant with applicable regulations.
Ayurkendra may defend you against certain intellectual property infringement claims, subject to applicable conditions. You agree to indemnify and hold harmless Ayurkendra from any claims, damages, or liabilities arising from your use of the Services, your content, or any breach of this Agreement.
Ayurkendra will not be liable for any indirect, incidental, special, or consequential damages arising from the use of the Services. To the extent permitted by law, total liability will not exceed the fees paid by you during the one month preceding the claim, or $10 if no fees were paid.
You consent to the collection and use of data in accordance with Ayurkendra’s Privacy Policy. Non-personally identifiable aggregated data generated through the use of the Services may be used by Ayurkendra for lawful business and operational purposes.
Ayurkendra retains personally identifiable information only as necessary to provide the Services and generally for no longer than 90 days from the transaction date. Usage and billing data may be retained for audit, billing, compliance, and service improvement purposes.
Each party agrees to protect the other party’s confidential information and to use it solely for the purposes of this Agreement. Confidential information will not be disclosed to third parties except where required by law or expressly permitted under this Agreement.
If you believe that your copyrighted work has been infringed, you may notify Ayurkendra’s designated copyright contact by providing the required information, including identification of the copyrighted work, your contact details, and a signed statement confirming your good-faith belief that the use is unauthorized.
The Site and communications sent through the Services may contain links to third-party websites that are not controlled by Ayurkendra. Ayurkendra is not responsible for the content or practices of any linked site, and access to such sites is at your own risk. These links are provided for convenience only and do not imply endorsement. You may link to the Site provided the link does not imply sponsorship or endorsement and does not use Ayurkendra content or trademarks without prior written consent.
This Agreement shall be governed by the laws of India or the United States without regard to conflict of law principles. Legal proceedings shall be brought in the courts located in Mumbai, India. Where the client is located in the United States, proceedings shall be brought in the courts located in Manhattan, New York, USA. The prevailing party will be entitled to recover reasonable costs and attorneys’ fees.
This policy applies to all email, SMS, and voice communications generated or sent through Ayurkendra Services via any Ayurkendra-operated website or platform. By generating or sending communications through the Services, you agree to comply with this policy. Ayurkendra reserves the right to suspend or terminate access to the Services without prior notice for any non-compliance.
Your use of the Services must comply with all applicable laws, including regulations related to spam, privacy, security, intellectual property, and data protection. This may include compliance with regulations such as GDPR, the UK Data Protection Act, CAN-SPAM (USA), and CASL (Canada). You are solely responsible for understanding and complying with all applicable laws.
Ayurkendra strictly follows all applicable anti-corruption and anti-bribery laws. Any form of unethical practice is not tolerated and may lead to immediate termination of services.
The following activities are strictly restricted when using Ayurkendra services:
| Practice | Status |
|---|---|
| Purchased or rented contact lists | Not Allowed |
| Misleading headers or subject lines | Not Allowed |
| Sending messages without unsubscribe option | Not Allowed |
| Malware or harmful links | Strictly Prohibited |
Users must ensure that all communications sent through Ayurkendra are lawful and respectful.
Ayurkendra does not provide services to organizations involved in high-risk or unethical industries.
Ayurkendra reserves the right to review and enforce compliance with this policy at any time. Violations may result in suspension or termination of services.
| Action | Description |
|---|---|
| Warning | Notification of policy violation. |
| Suspension | Temporary restriction of services. |
| Termination | Permanent cancellation of services. |
To report violations, contact: info@ayurkendra.com