These TERMS OF SERVICE (this “Agreement”) is made between heartcarebuddy.in, here referred “heartcarebuddy” as and you, or if you represent an entity or other organization, that entity or organization (in either case “You” or “Your”). heartcarebuddy provides certain services relating to the development, transmission, analysis, and management of bulk SMS (BTOB), email messages, and Voice services (the “Services”) through the website located at www.heartcarebuddy.in and such other sites as may be designated by heartcarebuddy (each, the “Site” or collectively, the “Sites”).
All access to and use of the Services available through the Site is subject to the terms of this Agreement. If You wish to access and use the publicly available portions of the Services and the Site, You may do so only in compliance with the terms of this Agreement. If You have placed or later place an order (whether through the Site, by email, phone or otherwise) with heartcarebuddy (Your “Order”) seeking to access and use certain of the Services requiring registration, heartcarebuddy is willing to accept Your Order and provide You with access to and use of those Services only if You comply with the terms and conditions of this Agreement.
Without limiting the foregoing, the Services are not available to individuals under the age of 18 or who do not meet any of the other qualifications included in this Agreement.
PLEASE CAREFULLY READ THIS AGREEMENT. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THIS AGREEMENT OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, heartcarebuddy IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ACCESS OR USE THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.
This Agreement is entered into as of the earlier of the date You first submit an Order relating to the Services or first access or use the Services or a Site (the “Effective Date”). This Agreement consists of the following terms and conditions and each Order submitted by You and accepted by heartcarebuddy, each of which is incorporated in and made a part of this Agreement.
Unless otherwise amended as provided herein, this Agreement will exclusively govern Your access to and use of the Services and the Sites and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties regarding Your access to and use of the Services and the Sites.
Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
heartcarebuddy reserves the right, at any time, to change or modify the Site, Services, or this Agreement by making such change or modification available on the Site or by providing other notice to You. Any such change or modification will be effective 30 days after posting on the Site or such other notice. As applicable, You will be deemed to have agreed to such change or modification through Your continued use of the Site or Services.
Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted within the United States.
All Orders placed by You will be governed by the terms of this Agreement. heartcarebuddy will confirm Your Order either through the Site at the time you submit Your Order or by providing You with access to the Services (each, a “Confirmation”). If the terms of any Order conflict with the terms of any Confirmation of that Order, the terms of the Confirmation will govern and control with respect to the Services provided to You. This Agreement will govern and control the terms of each Order and Confirmation under this Agreement. By accessing or using any of the Services, You agree to be bound by the terms of this Agreement and each applicable Order and Confirmation with respect to those Services.
This Agreement will be effective upon the Effective Date. If You have ordered a trial subscription or free Services, the term will continue for the Trial/Free Subscription period and will expire unless You place an Order for a non-trial subscription. For non-trial subscriptions, the Agreement will continue for the initial period stated and automatically renew for successive periods of equal duration. If no initial period is stated, the term will be 12 months and automatically renew for additional 12-month periods unless terminated with at least 30 days’ notice prior to the end of the current term.
Subject to this Agreement, heartcarebuddy 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. heartcarebuddy may update, revise, suspend, or discontinue the Services or any portion thereof 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 accounts (“Account”). You are responsible for maintaining the confidentiality of all Account IDs and for all activities conducted under them. You must notify heartcarebuddy immediately if an Account ID is compromised. You are solely responsible for all costs, liabilities, and damages arising from the use of your Account and for acquiring and maintaining all necessary equipment required to access the Services.
Your access to and use of the Site and Services is subject to heartcarebuddy’s then-current policies, including all policies posted on the Site or provided through the Services. You are responsible for complying with all such applicable policies.
Any software or code made available through the Site or Services is protected by Intellectual Property Rights. heartcarebuddy grants You a limited, non-exclusive, 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 heartcarebuddy.
The Services may include Third-Party Services that are subject to separate agreements. The terms of any applicable Third-Party Service Agreement will apply in addition to this Agreement. heartcarebuddy may modify or discontinue Third-Party Services at any time and without 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 use must comply with this Agreement.
You agree to pay heartcarebuddy all fees specified in each Order, Confirmation, or 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. heartcarebuddy may suspend Services if payment is overdue by more than 30 days. You are responsible for all collection costs and applicable taxes.
heartcarebuddy may terminate or suspend this Agreement at its discretion for breach, non-payment, or during any Trial/Free Subscription. Upon termination, all rights granted to You will cease, outstanding Fees will become immediately payable, and heartcarebuddy may delete Your Content. Certain sections of this Agreement will survive termination as outlined herein.
heartcarebuddy retains all right, title, and interest in the Sites, Services, Technology, Software, and heartcarebuddy Content, including all Intellectual Property Rights. No ownership or license is granted to You except as expressly stated in this Agreement.
All heartcarebuddy Content is owned by heartcarebuddy and may be used by You only for permitted business purposes. You retain ownership of Your Content but grant heartcarebuddy necessary rights to provide the Services. You are solely responsible for Your Content and warrant that it complies with applicable laws and policies.
Except as expressly stated, the Sites and Services are provided “as is” and “as available.” heartcarebuddy disclaims all warranties, whether express or implied. You represent that You have full authority to enter into this Agreement and that Your Content is accurate and lawful.
heartcarebuddy will defend You against certain intellectual property infringement claims, subject to conditions. You agree to indemnify and hold harmless heartcarebuddy against claims arising from Your use of the Services, Your Content, or any breach of this Agreement.
heartcarebuddy will not be liable for indirect, incidental, or consequential damages. Total liability will not exceed the fees paid by You in the one month preceding the claim, or $10 if no fees were paid, to the extent permitted by law.
You consent to the collection and use of data in accordance with heartcarebuddy’s Privacy Policy. Non-personally identifiable aggregated data generated through use of the Services may be used by heartcarebuddy for lawful business purposes.
heartcarebuddy retains personally identifiable information only as required to deliver Services and for no longer than 90 days from the transaction date. Usage and billing data may be retained for audit, billing, and service improvement purposes.
Each party agrees to protect the other party’s Confidential Information and to use it solely for purposes of this Agreement. Confidential Information will not be disclosed except as required by law or expressly permitted herein.
If You believe Your copyrighted work has been infringed, You may notify heartcarebuddy’s designated copyright agent by providing required information, including identification of the work, contact details, and a signed good-faith statement.
The Site and communications sent through the Services may contain links to third-party sites not controlled by heartcarebuddy. heartcarebuddy is not responsible for the content of any linked site, and access to such sites is at Your own risk. Links are provided solely for convenience and do not imply endorsement. You may link to the Site provided the link does not imply sponsorship or endorsement and does not use heartcarebuddy Content or Marks 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 actions shall be brought in courts located in Mumbai, India. Where the client is located in the United States, actions shall be brought in courts located in Manhattan, New York, USA. The prevailing party will be entitled to recover costs and attorneys’ fees.
This policy applies to all email, SMS, and voice communications generated or sent through heartcarebuddy Services via any heartcarebuddy-operated Site. By generating or sending communications through the Services, You agree to comply with this Policy. heartcarebuddy may suspend or terminate access without notice for non-compliance.
Your use of the Services must comply with all applicable laws, including laws relating to spam, privacy, security, intellectual property, and data protection. This includes GDPR, the UK Data Protection Act, CAN-SPAM (USA), and CASL (Canada). You are solely responsible for understanding and complying with applicable laws.
You agree to comply with all applicable anti-corruption and anti-bribery laws. Any violation may result in immediate termination of Services without notice and further legal action as permitted by law.
The following practices are strictly prohibited: use of non-permission-based lists; purchased, rented, or harvested lists; third-party domains or mail servers; misleading headers or subjects; failure to provide unsubscribe options; omission of a valid physical address; actions resulting in IP blacklisting; introduction of malware; or any deceptive or abusive messaging practices.
You may not transmit content that is illegal, offensive, defamatory, fraudulent, violent, sexually explicit involving minors, hateful, or that threatens public safety, national security, or violates privacy rights.
heartcarebuddy does not provide Services to organizations involved in high-risk or abusive industries, including payday loans, affiliate marketing, MLM, penny stocks, forex or crypto trading, hate groups, data brokering, work-from-home schemes, or other illegal activities.
heartcarebuddy determines compliance with this Policy at its sole discretion. Suspected violations should be reported to info@heartcarebuddy.in. Enforcement actions may include suspension or termination of Services without notice.