Terms of Services

Welcome to Sendimpactt! Our marketing automation platform is designed to empower your business, and foster customer loyalty through innovative and powerful solutions. By using our services, you agree to comply with the following terms and conditions, which are intended to ensure a seamless and productive experience for all users.

The Terms and Conditions Agreement (“Agreement”) as set out herein (“Terms”) constitute an agreement between Sendimpactt, owned by SWAM INTERNATIONAL INC., based in Illinois, Chicago (“Sendimpactt”, “we”, “us” or “our”) managing and operating the website bearing the
URL: https://sendimpactt.com/ and a natural or legal person who accesses and/or uses our website and/or mobile application (“Platforms”) in any manner (“you” or “your” or “User”) or uses any current or future product, service or functionality or offer made available on our website and/or mobile application (“Services”), as updated from time to time.

By using the Platforms you expressly agree to be bound by the Terms of this Agreement. If you do not agree with any of the Terms, please do not use the Platforms. If you have any questions about the terms, please contact us at [email protected]. Please note that your access to the Services, other platforms or utilization of our Products (defined below), offers or promotions in relation to the Products as may be provided by us and/or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Services or utilization of the Product. These Terms govern your use of the Platforms and transaction or dealings thereon.

For the purposes of these Terms:

(a) “Platforms” relates to the website having URL: https://sendimpactt.com/, which may include its corresponding mobile application, any other digital mode and/or operating system as provided by us, wherein you may purchase the Products and includes applications controlled and managed by us which interact with one or more such mobile applications and/or websites and digital modes as provided by us;
(b) “Products” shall include the comprehensive email marketing services available on the Platform, including but not limited to precise audience targeting, attracting new customers with robust email marketing tools featuring AI, marketing automation, sign-up forms, landing pages, and other related services. Sendimpactt also facilitates running marketing campaigns with beautiful emails, engaging customers with email automation, achieving better email deliverability, and maintaining control over sender reputation.
Moreover, Sendimpactt facilitates running marketing campaigns through a dedicated IP, granting users greater control, which can in turn protect their domain reputation with the email verification feature. Additionally, users can keep their email lists clean and verified; and
(c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

1. GENERAL

1.1. The terms and conditions for usage of the Platforms as set out herein (“Terms and Conditions”) specifically govern your access and use of the Platforms, which provides a forum for you to inter alia enable you to discover, avail our Services, and/or select and buy our Products, as listed on the Platforms, at the indicated price at any time, from the locations serviceable by us, including but not limited to, within the territory of the United States of America, India and Canada, and/or any other territory as we declare on our Platforms and/or in these Terms and Conditions.
1.2. Please note that we may, from time to time, change this Terms and Conditions Agreement that governs your use of the Platforms. Every time you wish to use our Platforms, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platforms or suspend the operation of the Platforms for support or maintenance work, in order to update the content or for any other reason, at any time.
1.3. Any accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms and Conditions, the Privacy Policy, and the Anti-Spam Policy of the Platform and any other policies or guidelines that may be applicable to your usage of the Platforms at the time of your access and usage of the Platform and which may be updated from time to time.
1.4. This document is an electronic record coming under the purview of the California Consumer Privacy Act (CCPA) and individual state legislation in each state and territory of the United States of America, and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the American legislature. This electronic record is generated by a computer system and does not require any physical or digital signatures and your usage of the Platform or the Services and/or
purchasing of the Products deems your acceptance of the terms of this Agreement.
1.5. We authorize you to view and access the Platforms solely for identifying our Services, carrying out purchases of our Products and processing returns and refunds. Therefore, we grant you a limited, revocable permission to access and use the Platform provided by us.
1.6. We may, from time to time, and at our sole discretion, offer promotions, being exclusive in nature and for a limited period of time, for promoting some of our Products on the Platforms, and during such promotions, we may offer lowered prices for the Products. However, such prices may be changed and/or altered as per our convenience. We may, from time to time, and at our sole discretion, also organize contests and sweepstakes on the Platforms and such contests and/or sweepstakes shall have rules and regulations as decided and/or made applicable by us.

2. REGISTRATION OF YOUR ACCOUNT

2.1. In order to purchase and avail the Products on the Platforms, you will have to register yourself on the Platforms. Registration is a one-time process based on the successful verification of email sent to you, as a new user, to your email id and/or mobile number, for verification and you will be eligible to further access and avail the Services only after filling in the necessary forms and details such as full name, permanent address, company name, company address, company website and/or any other information as may be required by us at the time of your registration. For availing any Service, you should login to your account by completing the successful email verification. As necessary you can additional users such as your team members or employees , to use the Sendimpactt platform, we shall still collect necessary details, being personal information, about you/and or additional users through necessary forms in order to successfully deliver the Products to you. Please read our Privacy Policy in order to understand how we collect your personal information and non-personal information and what we do with them.
2.2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platforms and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
2.3. You shall:

2.3.1. immediately inform us of any unauthorized use of the account or any other security breach; and

2.3.2. ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platforms, terminate accounts, remove or edit content of our Products, at any time, without giving prior notice to you. Hence you are directed to check the Platforms and this Agreement from time to time in order to be fully informed of any changes or modifications being made in our Platform, Services or Products.

3. ELIGIBILITY AND AUTHORITY

3.1. To be eligible to utilize the Service or Platform and/or avail our Product, you must affirm that:

3.1.1. you are 18 (eighteen) years of age, or above, and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement and/or any other age held as the legal age of majority in your country. Further, if you are using the Services or purchasing the Products on behalf of a company or an organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

3.1.2. you will provide accurate, comprehensive, and current contact and billing details.

3.1.3. you are not located and/or situated in Cuba, Iran, North Korea, Syria, or any other country subject to a U.S. government embargo or designated by the U.S. government as a country with "comprehensive sanctions." Sendimpactt reserves the right to expand the list of such countries in accordance with U.S. government directives.

4. PRICING

4.1. We believe in transparent pricing tailored to suit your specific needs.
Sendimpactt offers three tiers of pricing to accommodate businesses of all sizes:

4.1.1. Basic Subscription

4.1.2. Professional Subscription

4.1.3. Enterprise Subscription

4.2. You can find detailed information about these pricing models, including the specific features and benefits of each subscription tier, on our Pricing Page (https://sendimpactt.com/pricing/).

4.3. The package names, descriptions, prices, and the Products offered under each package are subject to change at the sole discretion of Sendimpactt. Such changes shall be reflected on the Platform and updated in this Agreement.

4.4. If you are an existing User who has opted for a particular plan, you will continue to be billed at the old pricing unless you choose to change your subscription model. If you decide to switch to a different subscription model, the new pricing shall become applicable to you from the date of change. New Users shall be billed according to the current price of the selected subscription model at the time of their sign-up. These Users are subject to the latest pricing unless otherwise modified by Sendimpactt.

4.5. All users must agree to the pricing terms outlined on our Platform. We strive to ensure that our pricing is fair and transparent, and any changes to our pricing structure will be communicated clearly to our Users through updates on the Platform and this Agreement. By subscribing to any of our plans, you acknowledge and agree to the pricing terms and conditions as stated in this Agreement and on our Pricing Page (https://sendimpactt.com/pricing/).

5. COMPLIANCE WITH EMAIL MARKETING REGULATIONS

5.1. By using Sendimpactt, you agree to comply with all applicable email marketing laws and regulations and to use our Services and Product in a responsible and lawful manner. In order to get a better idea of our Anti-Spam Policy and prohibited email practices, please carefully read our Anti-Spam Policy (https://sendimpactt.com/anti-spam-policy/).
5.2. Sendimpactt reserves the right to monitor your use of our Services and Products to ensure compliance with the Anti-Spam Policy and this clause. We may take appropriate action, including but not limited to suspension (which may be communicated to you) or termination of your account, if we determine that you have violated this clause and/or our Anti-Spam Policy.

6. COMMUNICATION AND UNSUBSCRIPTION

6.1. By accepting the Terms and Conditions of this Agreement, you hereby accept to receive news, updates, offers and/or campaign related SMS or emails, to your registered mobile phone number and/or email address provided by you, to us. By accessing and using the Platforms and/or verifying your contact number with us, you explicitly consent to receive such communications (SMS, email or
other digital and electronic means) from us and/or our authorized representatives regarding any new Services, Products, promotions, changes, updates, or offerings.
6.2. You can unsubscribe and/or opt-out from receiving such marketing or promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications, or which shall be provided to you by the customer support executive employed by us, after you successfully contact them, by contacting at [email protected].

7. TERMS AND CONDITIONS FOR ONLINE PAYMENT

7.1. These terms and conditions apply to the User who uses the Online Payment services provided for any payment made to us. By authorizing a payment to us through the online payment service which may include making payments directly through PayPal, or through debit card or credit card, processed through Stripe ("the payment service"), it would be treated as a deemed acceptance of these Terms and Conditions. We reserve all the rights to amend these terms and conditions according to the following key terms:

7.1.1. Payments for the Product on the Platform may only be made via the payment service and/or through any other service as may be informed and reflected on the Platforms and/or in this Agreement;

7.1.2. It is recommended that the User make necessary enquiry about the charges or fees payable for each transaction made via the payment service.

7.1.3. The information supplied at the time of using the payment service is processed by the online payment gateway provider and is not supplied to us. It is the sole responsibility of the user to ensure that all the information entered is correct. It is recommended that you retain a copy of the transaction, which might assist in resolution of any issues that may occur during the transaction.

7.1.4. The User agrees, understands and confirms that his or her personal data including but without limitation, details relating to the payment service information transmitted over the Internet, may be susceptible to misuse, hacking, theft and/or fraud and that we or the payment service have no control over such matters.

7.1.5. The payment service is provided using the payment gateway service of PayPal or Stripe and such payment is processed through a secured website and transactions made to us are protected and secured through SSL. However, neither the payment gateway service nor we give any assurance, that the information so provided online by a User is secured and will not be read and/or intercepted by a third party.

7.1.6. We do not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user availing the payment service.

7.1.7. We and/or the payment service providers shall not be liable for any inaccuracy, error or delay in, or omission of:

7.1.7.1. any data, information or message; or

7.1.7.2. the transmission or delivery of any such data, information or message; or

7.1.7.3. any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.

7.1.8. Under no circumstances shall we and/or the payment service, its employees, directors, and its third party agents involved in processing, delivering or managing the payment services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary damages arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the payment services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or interruption or termination of the payment service.

7.1.9. The User hereby agrees that neither we nor any of our employees shall be held liable by the User for any loss or damages arising from the User’s use of, or reliance upon the information contained on the Platform, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond the reasonable control of us.

7.1.10. The User agrees that the payment service details provided by him or her for use of the aforesaid payment services and such information must be correct and accurate and that the User shall not use the payment service account, that is not lawfully owned by him or her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid payment service details.

7.1.11. The User must be fully and lawfully entitled to use a payment service account for such transactions and is responsible to ensure that sufficient balance is available in their bank account at the time of making such payment.

8. REFUNDS

8.1. Refunds will only be provided and/or authorized by Sendimpactt under the following conditions being:

8.1.1. Refunds will be issued in cases where a payment error has occurred, such as an incorrect amount being charged or duplicate transactions;

8.1.2. If a user is overcharged for their subscription, a refund will be provided for the excess amount charged;

8.1.3. No refunds will be issued if you are dissatisfied with our Product or Service or if it did not meet your expectations. Users are encouraged to thoroughly review their orders and understand the features and limitations of the Product or Service before making any payment.

8.2. Users are responsible for verifying the accuracy of their payment details and ensuring that they have selected the correct subscription or service before completing the transaction. Moreover, we recommend that users retain a copy of their transaction receipt, which may assist in resolving any payment-related issues.
8.3. In the event of a payment error or overcharging, Users should contact our support team promptly with the relevant transaction details and a description of the issue. Refund requests will be reviewed on a case-by-case basis, and users will be notified of the outcome within a reasonable timeframe.
8.4. For any questions or concerns regarding payments and refunds, users can reach out to our support team at [email protected].
8.5. Once a payment is processed and no errors or overcharges are identified, the transaction is considered final. Users are advised to carefully review their purchase decisions as refunds will not be issued for dissatisfaction with the Product or Service.

9. RATING AND REVIEW

9.1. Your feedback is invaluable to us as we strive to continually improve our Platform, Services and Products. By using our Platform, you agree to the following terms regarding ratings and reviews, being:

9.1.1. Participation in rating and reviewing our Products is voluntary. You are not obligated to provide feedback;

9.1.2. Reviews should reflect your genuine experience with our Products, the Platform and the Services. We encourage honesty and transparency in all feedback provided;

9.1.3. Reviews must adhere to our community guidelines and you refrain from posting any form of offensive, defamatory, or inappropriate content or review which can hurt the sentiments of other users or other third parties;

9.1.4. Reviews may be moderated to ensure compliance with our guidelines and we reserve the right to publish, edit, or remove reviews at our discretion, particularly those deemed defamatory in nature and/or in violation of our policies;

9.1.5. Reviews may be publicly visible on our Platform and may be accessible to other users and by submitting a review, you acknowledge and consent to its potential visibility and/or display to the public;

9.1.6. We may choose to respond to reviews in a professional manner, addressing any concerns or feedback provided. However, we are not obligated to respond to every review;

9.1.7. We may use reviews and ratings for promotional or marketing purposes, provided they are used in accordance with our Privacy Policy and applicable laws;

9.1.8. By submitting a review, you grant us a non-exclusive, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content worldwide in any media; and

9.1.9. If you have any concerns regarding a review, please contact us directly at [email protected] to discuss the issue. We are committed to resolving disputes amicably and in accordance with our Terms and Conditions.

10. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

10.1. We will try to ensure that all information and recommendations, whether in relation to the pricing, website, Services, Products, offerings or otherwise (hereinafter “Information”) provided as part of this Platforms is correct at the time of inclusion on the Platforms. However, we do not guarantee the accuracy of the Information. Moreover, we make no representations or warranties as to the completeness or accuracy of the Information.
10.2. You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such Information for your purpose, prior to use, or in connection with the making of any decision. No Information on the Platforms shall constitute an invitation to purchase our Products or invest in us or any of our affiliates. Any use of this Platforms or the Information you gather from the Platforms must be used and/or relied upon at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Platforms. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites or websites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense and we shall bear no liability for the same.
10.3. The User shall refrain from accessing, storing, disseminating, or transmitting any viruses, or any content during the utilization of the Platform that:

10.3.1. violates laws, poses harm, threatens, defames, is obscene, infringes, harasses, or exhibits racially or ethnically offensive characteristics;

10.3.2. facilitates unlawful activities;

10.3.3. is inherently illegal or causes harm or injury to any individual or property; and

10.3.4. pertains to adult content, such as sexual or pornographic material.

10.4. The User shall not save as allowed by any applicable law incapable of exclusion by agreement between the Parties:

10.4.1. except to the extent expressly permitted under this Agreement, attempt to copy, alter, replicate, derive works from, frame, reproduce,download, exhibit, transmit, or distribute all or any part of the Platform or product description, in any format or medium, or by any means;

10.4.2. endeavor to reverse compile, disassemble, reverse engineer, or otherwise convert to human-readable form all or any portion of the Platform;

10.4.3. access any part of the Platform and Product description to develop a product or service competing with the Platform and/or the Product description of Sendimpactt;

10.4.4. utilize the Platform and/or Product description to provide services to third parties;

10.4.5. except as stipulated in clause 18 of this Agreement, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or commercially exploit the Platform and/or the Product description, or otherwise make them available to any third party, or

10.4.6. attempt to gain or aid third parties in gaining access to the Platform and/or Product description.

10.5. You agree that the promotions organized by us may lead to reduced prices being displayed for our Products during such promotions, however we reserve the right to alter the prices of our Products, at our sole discretion, during or after the end of the promotion. We may also choose to not let you avail the benefits of such promotions and such decisions shall solely lie on our discretion. You also agree that we bear all right related to the fixing of rules and regulations related to the contests and sweepstakes that we organize on the Platforms and we may alter and/or change the rules as per our convenience, without giving you any prior information or notice for the same. We hereby declare that we shall not be held liable for such promotions, contests and sweepstakes organized by us, on the Platforms.
10.6. Nothing contained herein is to be construed as a recommendation to use any Service, Product, process, equipment or formulation, in conflict with any trademark, patent or other intellectual property rights, or otherwise, and we make no representation or warranty, express or implied that, the use thereof will not infringe any trademark, patent, intellectual property or otherwise.
10.7. We do not covenant or provide any representations and warranties:

10.7.1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose or consumption or content (including the Service or pricing information and/or specifications) on the Platforms;

10.7.2. that the website and the Platform shall be made available and shall be functional at all times; and

10.7.3. that the operation of the Platforms, including the functions contained in any content, information and materials on the Platforms or any third-party sites or services linked to the Platforms will be uninterrupted, or that the defects will be rectified, or that the platforms or the servers that make such content, information and materials available are free of viruses or other harmful components.

10.7.4. THIS PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORMS, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.7.5. Disclaimer – To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Platforms.

11. AVAILABILITY AND ACCESSIBILITY OF THE PLATFORM

11.1. We control and operate these Platforms from the territory of Chicago, USA and we avail the services of Amazon Web Services (AWS) for our data storage, located in Ohio, USA. We make no representation that the materials and the content available on the Platforms are appropriate to be used or will be available for use in other locations outside of the territory of the USA, Canada and India. If you use this Platform from outside the territory of the USA, Canada and India, you are entirely responsible for compliance with all applicable domestic laws and statutes. These Terms and Conditions do not constitute, nor may these Terms and Conditions be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
11.2. Information that we publish on the world wide web (www) may contain references or cross references to our Products, programs and Services that may not be announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country.
11.3. We constantly monitor the User’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law or statute in the USA and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Platforms fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platforms and any other unlawful acts or omissions in breach of these Terms and Conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

12. THIRD PARTY INTERACTIONS

12.1. In your use of the Platforms, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platforms or access any other third-party website linked to the Platforms. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for the Products, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

13. OUTSOURCING OF DEVELOPMENT WORK

13.1. Sendimpactt is committed to delivering high-quality services by leveraging global talent. To this end, we outsource certain development work and/or other work to offshore companies located in various parts of the world. These offshore partners are carefully selected based on their expertise and ability to meet our stringent standards.
13.2. All offshore companies working with Sendimpactt operate under strict compliance with applicable laws and regulations, including but not limited to the California Consumer Privacy Act (CCPA). These companies are required to adhere to all relevant data protection and privacy laws to ensure the highest level of security and confidentiality for our users’ data.
13.3. Each offshore company is bound by comprehensive agreements signed with Sendimpactt. These agreements outline the responsibilities and obligations of the offshore partners, including but not limited to:

13.3.1. Adherence to Sendimpactt’s data security policies and procedures.

13.3.2. Compliance with all applicable laws and regulations, including data protection and privacy laws.

13.3.3. Confidentiality obligations to protect the proprietary information of Sendimpactt and its users.

13.3.4. Quality standards to ensure the delivery of high-quality development work.

13.4. Sendimpactt actively monitors the performance and compliance of its offshore partners to ensure they meet our standards and legal requirements. We retain the right to take appropriate action, including termination of the partnership, if any offshore company fails to comply with the terms of our agreements or applicable laws.
13.5. The protection of our users’ data is of utmost importance to Sendimpactt. We implement rigorous data security measures and work closely with our offshore partners to ensure that all user data is handled securely and in compliance with applicable data protection laws.
13.6. By using Sendimpactt’s services, you acknowledge and agree to the outsourcing of certain development work and other related and/or unrelated works to offshore companies as described in this clause. We remain committed to maintaining the highest standards of quality, security, and compliance in all aspects of our operations.

14. COPYRIGHTS

14.1. The Platforms contains agreements, policies, material, including text, graphics, photographs, videos, and sound, which is protected by copyright and/or other intellectual property rights (“Protected Content”). All copyright and other intellectual property rights in the Protected Content are either owned by us or have been licensed to us by the owners of those Protected Contents, so that we can use the Protected Content as part of Sendimpactt. We retain copyright on all Information, including text, photographs, videos, graphics and sound, and all trademarks displayed on the Platforms, are either owned by us or licensed to us.
14.2. You may use and display the Protected Content on your personal computer only for your personal use, subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license, to you by us, when you register on the Platforms, only for identifying Products, carrying out purchases of Products and processing returns and refunds, and for using and printing copies of the information on the Platforms for your personal use and/or storage of the files on your computer for personal use only and not for business purposes.
14.3. You may not:

14.3.1. copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Protected Content contained in the Platforms. These restrictions apply in relation to all or part of the Protected Content available on the Platforms;

14.3.2. copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system;

14.3.3. reproduce any part of the Platforms or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other website;

14.3.4. remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Platforms; or

14.3.5. link any other material to the Platforms, without our express written consent.

14.4. The license granted to you does not include a license for:

14.4.1. resale of the Products or commercial use of the Platforms or Protected Content;

14.4.2. any collection and use of Product listings, description, or prices;

14.4.3. any use of Platforms, the Services, the Products and/or of Protected Content, other than as contemplated in these Terms and Conditions;

14.4.4. any downloading or copying of login credentials of user;

14.4.5. any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platforms; and

14.4.6. creating and/or publishing your own database that features parts of the Platforms.

15. TRADEMARKS

15.1. All the trade names associated with us and all logos denoted with “TM” or “R” on our Platforms and Services are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our Product or Service.
15.2. If you believe that your intellectual property rights have been violated in a way that raises concerns of infringement, please write to us at [email protected] and let us know of your concerns.

16. LICENSE AND USE OF YOUR CONTENT

16.1. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platforms including but not limited to reviews and ratings without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platforms. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of agreements, deeds and documents, at its request.
16.2. You agree that we do not routinely monitor your postings on the Platforms but reserves the right to do so. However, if we become aware of inappropriate use of the Platforms or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information received of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
16.3. Unauthorized use of any materials contained on the Platforms shall not violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations within the territory of the USA. You alone are responsible for your actions or the actions of any person using your account by logging into your account through your username and password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and
business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platforms or the use of the Platforms by any person using your account by logging into your account through your username and password (including without limitation your participation in the posting areas or your Ratings and Reviews) violates any applicable law or regulation, or the rights of any third party.
16.4. We reserve the right to terminate access to our Platforms at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms and Conditions which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms and Conditions Agreement shall survive the termination or expiration of the Terms and Conditions Agreement.

17. INDEMNIFICATION AND LIMITATION OF LIABILITY

17.1. You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and
representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access or use of the Platforms, the Services or purchasing of Products, violation of these Terms and Conditions, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

18. RELATIONSHIP BETWEEN THE PARTIES

18.1. This Agreement does not aim to establish a partnership between Sendimpactt and the User, nor does it authorize either party to act as an agent for the other. Neither party has the authority to act on behalf of the other or bind them in any manner, including making representations or warranties, assuming obligations, or exercising rights or powers.

19. APPLICABLE LAW AND JURISDICTION

19.1. These Terms and Conditions are governed by and to be interpreted in accordance with the laws of the USA being the California Consumer Privacy Act (CCPA) and/or individual state legislation in each state and territory in the USA,without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Platforms whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Dupage County Court, Illinois, USA for the resolution of all such disputes.

20. CONTACT US

20.1. If you have any questions regarding this Terms and Conditions Agreement or the practices of this Website, please contact us by sending an email to [email protected].

21. CONTACT INFORMATION

21.1. We offer multiple ways to stay in touch, ensuring your convenience. You can choose to contact us through the following methods being:

21.1.1. Email: For detailed inquiries or sending instructions, please contact us at [email protected].

21.1.2. Mail: You can send us mails by post at the following address: Sendimpactt, 2735 Hassert Blvd, Ste 135 #650, Naperville, IL 60564.

22. FORCE MAJEURE

22.1. We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to natural calamities, floods, earthquakes, cyclones, strikes, lockdowns, pandemics, wars or any other cause which is beyond our reasonable control.

23. WAIVER

23.1. No provision in these Terms and Conditions will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

24. SEVERABILITY

24.1. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and Conditions and the remainder of these Terms and Conditions will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms and Conditions will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

25. AMENDMENT

25.1. These Terms and Conditions are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms and Conditions as available on the Platforms. Your relationship with the Platforms will be governed by the most current version of these Terms and Conditions, as published on the Platforms.
25.2. Any changes made to Sendimpactt’s Terms and Conditions Agreement,Privacy Policy, or Anti-Spam Policy will take effect immediately upon posting. Your continued use of or access to the Platform, Products, or Services following the implementation of these changes constitutes your acceptance of the revised terms and/or modifications.

26. MISCELLANEOUS

26.1. In addition to these Terms and Conditions, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as the terms and conditions related to the payment service provider, bank offer(s),brand promotional offers, whose links, if any, are contained and/or embedded in the Services offered by them through us. You agree that we will not be liable for any transaction between yourself and any such third parties.
26.2. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platforms, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms and Conditions.