Terms of Service
Please read these terms carefully before using our services.
Last Updated: Jan 15, 2025
These Terms of Service ("Terms") govern your access to and use of CyberReach's website, products, and services. By accessing or using our services, you agree to be bound by these Terms. These Terms are governed by the laws of India, including the Indian Contract Act, 1872 and the Information Technology Act, 2000.
1. Acceptance of Terms
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.
We may modify these Terms at any time. Your continued use of our services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
2. Description of Services
CyberReach provides a platform that allows users to extract information from business cards, store contact information, and send automated follow-up messages via the user's own WhatsApp and email accounts.
Account integration: Our services require integration with your WhatsApp and/or email accounts. You are responsible for ensuring that your use of our services with these accounts complies with the terms and conditions of those services.
Automated messaging: Our services facilitate automated messaging through your connected accounts. You are solely responsible for the content of these messages and compliance with all applicable laws regarding electronic communications, including but not limited to the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
3. User Accounts
To use certain features of our services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password that you use to access our services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. User Content and Conduct
Our services allow you to store, process, and transmit content, including but not limited to contact information, messages, and other materials ("User Content"). You retain any rights that you may have in your User Content.
By using our services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media or distribution methods (now known or later developed) for the purpose of providing our services to you.
You agree not to use our services:
- In any way that violates any applicable central, state, or local law or regulation in India
- To send spam or unauthorized or unwanted communications
- To impersonate or attempt to impersonate CyberReach, a CyberReach employee, another user, or any other person or entity
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services
- To transmit harmful code or any material that is defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable under Indian law
- To engage in any activity that would constitute a violation of the Information Technology Act, 2000 or related rules and regulations
5. Intellectual Property Rights
Our services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by CyberReach, its licensors, or other providers of such material and are protected by Indian copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you the right to use any CyberReach branding or logos. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any material from our services without our prior written consent.
6. Limitation of Liability
To the fullest extent permitted by applicable law, CyberReach will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use our services
- Any conduct or content of any third party on our services
- Any content obtained from our services
- Unauthorized access, use, or alteration of your transmissions or content
In no event will our total liability to you for all claims relating to our services exceed the amount paid by you, if any, for accessing our services during the twelve (12) months immediately preceding the date of the claim.
These limitations do not purport to limit liability that cannot be excluded under applicable law, including the Indian Contract Act, 1872.
7. Indemnification
You agree to defend, indemnify, and hold harmless CyberReach, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our services.
8. Termination
We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use our services will immediately cease. If you wish to terminate your account, you may simply discontinue using our services or contact us to request account deletion.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in India for the resolution of any disputes arising from these Terms or your use of our services.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English and the seat of arbitration shall be in Delhi, India.
10. Miscellaneous
Entire Agreement: These Terms constitute the entire agreement between you and CyberReach regarding our services and supersede all prior agreements and understandings.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term, and CyberReach's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms is held by a court to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, or if no such modification is possible, such provision shall be severed from these Terms. The remaining provisions will remain in full force and effect.
11. Grievance Redressal Mechanism
In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we have appointed a Grievance Officer to address any concerns or complaints regarding our services, content, or practices.
The Grievance Officer will acknowledge your complaint within 24 hours and resolve it within 15 days from the date of its receipt.