We tried our best to keep SMSPAD Terms & Conditions Simple & Straight to maintain our long term relationship!
Using our services? Keep this in mind!
This policy is effective from Dec 23, 2017 & Last Updated on June 01, 2020.
Please read the following important Terms of Service Agreement (the Agreement) before accessing or using any of the various services (the Services) made available to you (the client) by SMSPAD through www.smspad.in or from https://play.google.com/store/apps/details?id=com.accucia.smspad or https://apps.apple.com/in/app/smspad/id1410062715 or https://chrome.google.com/webstore/detail/smspad-contacts-importer/mkkbjiafdmkbifnccbplliobhhgbkpek.
The terms and conditions contained in this User Policy is framed in compliance to all the Laws that are in force in India and any other country Laws to which the user of this Mobile Application belongs to. The acceptance to the Terms & Conditions by the User shall be considered as a valid contract under the Indian Contract Act, 1872. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed. The Terms and Conditions of this User Policy are framed by Accucia Softwares Private Limited and SMSPAD. The User Agreement has been last updated on 1st June 2020
1. USER INFORMATION:
- 1.1. The User of this Mobile Application shall be a person who has attained the age of majority i.e. 18 years of age as per the Indian Majority Act.
- 1.2. The User of this Mobile Application shall provide with the authentic Identity Proof documents as a proof of verification to access the Mobile Application.
- 1.3. The User shall have the upgraded version of the Mobile Application only on payment of prescribed amount of money through a specified medium.
- 1.4. The information collected by the SMSPAD Mobile Application shall be protected under the Data Privacy and such information shall be handed over to the Appropriate Law Enforcement Agencies as and when it shall be deemed required by the Appropriate Law Enforcement Agencies.
2.1. CONFIDENTIAL INFORMATION:
All information collected by the Mobile Application for the purpose of creating an account and also all the information collected in future to maintain, upgrade or degrade the account shall be the Confidential Information of the User.
- 2.2.1. User shall be a person who has attained the age of majority and also who is a sound mind.
- 2.2.2. Any person irrespective of Nationality shall be termed as a user of this Mobile Application under this USER POLICY.
- 2.2.3. The user is an individual who basically utilizes the services provided by the application.
- 2.2.4. The user reserves the duty to follow the points laid down in this User Agreement.
- 2.2.5. The user is an individual who assures the usage of the SMSPAD for legitimate use only.
2.3. Mobile Application:
SMSPAD shall be referred to as ‘Mobile Application’ under this USER POLICY. A mobile application can be defined as a product and in this case a product developed by Accucia Softwares Private Limited. This product has been developed specifically for the Android, Chrome Webstore and IOS platforms. The application is created as the intellectual property of Accucia Softwares Private Limited.
2.4 Intellectual Property:
Trademarks, Copyrights, application content, Logos, Words, terminologies, Software Codes etc. belonging to Accucia Softwares Private Limited or SMSPAD
2.5 Cyber Crime:
Any action committed by the User or any Third Party for any illegal or unlawful purpose by utilizing the services provided by Accucia Softwares Private Limited or SMSPAD.
3.1. The information collected from the User shall be confidential information and it shall not be shared with the third person.
3.2. However, the Mobile Application reserves the right to share basic contents of the confidential information for the promotion of the Business of both the User and the Mobile Application.
3.3. The application developers shall reserve the right to study, read, monitor and view the data transmit over the messages that are transmitted over the SMSPAD application.
3.4. The confidential information shall only be shared with the Law Enforcement Agencies as and when appropriate procedure is followed.
3.5. The confidential information shall be shared if it is a requirement to launch in other platforms such as IOS, Android, Google, Microsoft etc.
4. INTELLECTUAL PROPERTY RIGHTS:
4.1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws, trademark laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be.
4.2. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
4.3. Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
4.4. We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
4.5. The User shall also not use the services provided by Accucia Softwares Private Limited or SMSPAD to broadcast messages to promote any form of business that is of similar nature to that of the services provided by Accucia Softwares Private Limited or SMSPAD.
4.6. The code designed for the purpose of creating the SMSPAD application on the IOS and the Android Platform are protected under the Copyright Laws of India and therefore shall not be reverse engineered or replicated or re-created by the User.
5. PROHIBITIONS IN RELATIONS TO USAGES OR SERVICES RELATED TO MOBILE APPLICATION:
5.1. Any illegal use of the SMS service is strictly prohibited.
5.2. Any form of Misrepresentation or Fraud.
5.3. Any form of impersonation of another User or individual.
5.4. Any form reverse engineering of the application.
5.5. Any form of usage of the application for the purpose of Cyber Crime of Cyber Terrorism.
5.6. Any form of usage of the application beyond the stated purpose of use.
5.7. Sending threats or discriminatory messages to Accucia Softwares Private Limited or SMSPAD.
5.8. The SMSPAD services involve a certain protocol titled Sanity Detection. The purpose of this protocol is to detect and determine the usage of certain words that can be abusive, derogatory, hurtful, biased, insulting, discriminatory etc. Such words are directly identified and messages that contain such words shall be directly deleted and the user profile shall be suspended.
5.9. As part of the features offered, SMSPAD shall also contain the option of attaching files to messages sent. On attachment, the file links are customized into short links. Such files are not monitored by SMSPAD. If any of these files contain any form of contaminant, abusive words, defamatory statements, Remarks, etc. Such data is not monitored by SMSPAD. But if detected shall be treated as a criminal action, and the User shall hold complete responsibility over the same.
5.10. SMSPAD provides pre drafted templates of the messages customised for different purposes such as calendar events, professional use, advertisement etc. These templates are for the use of the User. But at any time, these templates cause an uproar or are not welcome by any third party who has received the messages from the User, then the User shall not blame or hold SMSPAD and Accucia Softwares Private Limited liable. But it is assured that these message templates have been created after thorough research.
5.11. SMSPAD provides its services to its Users in different Indian languages. The team of SMSPAD and Accucia Softwares Private Limited have put in maximum research while integrating the languages into the SMSPAD applications. Team SMSPAD has conducted thorough research while creating the translations. But in any situation that the language has a different interpretation, that is beyond the control and knowledge of team SMSPAD, then the User or any Third party who has received the message from the User, shall not hold SMSPAD responsible for the different interpretation.
5.12. Chrome Extensions are a part of the working of the application. SMSPAD and Accucia Softwares Private Limited do not indulge in any action that compromises the integrity of dependant applications. These Chrome Extensions act as an extension that help utilize the services of other applications in a better fashion. If the User at any time shall not question the integrity of the working of SMSPAD and its Chrome Extension. This extension only helps to utilise the services of other applications and not tamper, hack, crack, or violate any other working applications. If the User feels the opposite, then then the User shall not take any action against SMSPAD or Accucia Softwares Private Limited. Rather, it is recommended that the User may
5.13. Posting any public or private statements against Accucia Softwares Private Limited or SMSPAD on any of the social media platforms or personal messages.
5.14. Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy
5.15. Transmission of any form of messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and the User will be strictly be held liable for the above-said actions. TEAM SMSPAD does not assume any liability for the content of the messages sent.
5.16. Accucia Softwares Private Limited or SMSPAD shall not be liable from any claim that may arise from third parties as a result of the message content.
5.17. The User shall guarantee that the contents of any SMS shall always respect and does not in any way conflict with fundamental human rights and will not violate any law in force. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.)
5.18. Transmit or promote alcohol, music, dancing, dating, gambling or messages which would amount to direct or indirect deception, fraud or Lies.
5.19. Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
5.20. Harvest, or otherwise collect information about others, without their consent.
5.21. Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
5.22. Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs.
5.23. Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
5.24. Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
5.25. Interfere with others' use and enjoyment of the service.
5.26. Engage in any other activity that Team SMSPAD believes could subject it to criminal liability or civil penalty/judgment.
5.27. In relation to the breach of the Information Technology Laws, the User shall be penalised under Section 66, 43, 44 and 70 of the Information Technology Act 2000 and the Information Technology Amendment Act 2008.
6. CANCELLATION POLICY:
6.1. The user may as per their best interests deactivate their account at any point of time. All cancellation requests must be submitted to the customer care department of SMSPAD on firstname.lastname@example.org. The User may submit his cancellation requests by email or phone. The request for cancellation shall be considered valid unless and until the User receives confirmation from our team. The confirmation email or number given by accounts department of SMSPAD will act as a proof of the cancellation of service.
7. REFUND POLICY:
7.1. SMSPAD does not refund the amount once paid by the user as they credit the number of SMS purchased by the user immediately to the user's account. SMSPAD reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Refund will not be made for any account cancelled, suspended, or restricted due to the violation of the Service Usage Policy.
7.2. Any kind of abuse directed towards our staff in any medium or format will result in immediate suspension or termination of your services. Any kind of Spamming activity which is against the Cyber laws will also result in suspension of user's account.
7.3. Any reason for suspension and termination has to be discussed with the customer care of SMSPAD.
7.4. No legal action shall be initiated by the application user on grounds for refund or money recovery without initiating a discussion with SMSPAD.
7.5. Any legal action taken to tarnish the reputation and integrity of SMSPAD shall be treated as a misuse of law and shall be dealt with legal action under The Indian Penal Code.
8.1. We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
8.2. We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting.
8.3. The user is advised to review these terms and conditions periodically as they are binding upon you.
9. DISCLAIMER AND EXCLUSION OF LIABILITY:
9.1. SMSPAD agrees to protect all data provided by the User for the purpose of using the application.
9.2. SMSPAD agrees to manage, store and delete all the data when necessary belonging to the User in light of the circumstances that are raised.
9.3. SMSPAD shall abide by the provisions laid down in the Information Technology Act to protect the data provided by the user for the purpose of using the application.
9.4. In light of a scenario where the State Government and the Central Government, or The Courts of appropriate Jurisdiction, or any other appropriate body, in the name of public welfare and cyber security request SMSPAD to provide the data so collected from users, then SMSPAD shall provide the data, but only under the provisions substantiated by the law.
9.5. SMSPAD and Accucia Softwares Private Limited shall take complete precaution and make effort to protect the data provided by the User. But in light of situations unfathomable or beyond the control of reasonability, if the there is a data breach by the actions of a third party against public welfare, then SMSPAD reserves the right to stay indemnified by the User.
9.6. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.7. Accucia Softwares Private Limited or SMSPAD do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.8. While Accucia Softwares Private Limited or SMSPAD may use reasonable efforts to include accurate and up-to-date information on the Mobile Application. Accucia Softwares Private Limited or SMSPAD do not guarantee the accuracy, timeliness or completeness of the Mobile Application.
9.9. Accucia Softwares Private Limited or SMSPAD shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
9.10. Accucia Softwares Private Limited or SMSPAD shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.11. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
9.12. Notwithstanding our efforts to ensure that our system is secure, the User acknowledges that all electronic data transfers are potentially susceptible to interception by others. Accucia Softwares Private Limited or SMSPAD cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
10.1. If at any time the User breach the terms and conditions of the service, Accucia Softwares Private Limited or SMSPAD may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from the User arising from the event(s) giving rise to the suspension, termination or cancellation.
10.2. Accucia Softwares Private Limited or SMSPAD reserve the right to suspend your service at any stage for any reason Accucia Softwares Private Limited or SMSPAD may deem necessary to continue to provide any of Accucia Softwares Private Limited’s or SMSPAD’s services in a way that may be hindered by the User’s status as being the client, the User’s financial status or the content of the messages originating from the User.
10.3. Upon any such termination, cancellation and/or suspension, the User is still responsible for any obligations than accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation.
10.4. Upon termination and/or cancellation, for any reason, the user agrees to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.
10.5. The User is free to terminate or cancel this agreement at any time, and for any reason. For such termination or cancellation to be effective however, the User shall inform us in writing through Email. You will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.
11. LEGAL ACTION & DISPUTE RESOLUTION:
11.1. Any dispute arising with respect to the usage, services or any other dispute arising from third party shall be referred to Arbitration.
11.2. The user agrees to not take any legal action in the courts of India in light of a scenario, the User has faced any issue.
11.3. The User shall intimate Accucia Softwares Private Limited, and also initiate a discussion leading up to Arbitration if needed.
11.4. Accucia Softwares Private Limited reserves the right to take legal countermeasures if the User chooses to take any legal action. The action so taken by Accucia Softwares Private Limited will be on grounds of breach of contract and misuse of the law.
11.5. In light of an action caused by a Third party, the User agrees to not initiate any action or proceeding for the damage caused by a third party.
11.6. In light of any grievance raised by a third party, who have received any messages through the use of SMSPAD shall not be pinned on that of SMSPAD.
11.7. If SMSPAD suspects any misuse of the application by the User, then SMSPAD and Accucia Softwares Private Limited reserves the right to initiate a strict legal action against the User.
11.8. The User has to from time to time provide proof which is genuine in nature in any Dispute Resolution model.
11.9. Any action taken without the consent of Accucia Softwares Private Limited or SMSPAD will be treated as a violation of this User Agreement and if it results in any damages sustained by Accucia Softwares Private Limited or SMSPAD, then the USER will be dealt with as per the provisions of the Indian Penal Code, Information technology Act, Intellectual Property Laws, Contract Act, etc.
Our terms and conditions as well as the prices are subject to change from time to time according to TRAI rules and regulations.
If you have any questions concerning these Terms, feel free to contact team SMSPAD.
Last Modified: 1st June 2020