Instant SMS Messaging Extension
for Bitrix24

March 9, 2024
Terms and Conditions

Welcome to OApps!

OAppS Services or Services: This website and our products as a service platform of OAppS solutions.

OAppS: OAppS Technologies Private Limited, a company duly registered under the laws of India, with registered office at No.60, 1st Floor, Abiramapuram 7th Street, Thanjavur TN 613007 India and with company number 133004. Osync: The software that services as a data synchronization integration. User: The entity that enters into a license agreement with OAppS with respect to the OAppS Services. Terms: These Terms and Conditions governing the use of the OAppS Services by the User. Annexes: Any and all documents referred to Terms. This website and any application (hereinafter referred to as “Site”) is owned by OAppS (“We”, “Us” or “OAppS” or “https://www.oapps.xyz/”). We are providing you with access to this Site and our products (together “Services”) subject to the following terms and conditions. By browsing, accessing, using or purchasing products on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions (“Terms”), including any policies referred to herein. So, please read these Terms carefully. We reserve the right to change this Site and the said Terms at any time. If the User does not accept the new terms, OAppS reserves the right not to extend or renew any licenses and/or Services. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use or purchase products from the Site. Our Terms govern all use of our Service and together with all Annexes constitutes your agreement with us (“Agreement”). This Agreement shall be governed by the laws of India.

You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

Purchases The User may from time to time purchase licenses and/or products from OAppS. All purchase must be made via the User’s account. For such licenses and/or products, the applicable fees will be those effective at the time of purchase. All prices quoted are net and exclude any local taxes (VAT,GST, etc.).  

License Agreement for Instant SMS Messaging Application

Upon payment of the applicable fees, OAppS grants the User a non-transferable and non-exclusive license to use a specified product. According to the license, such use will be exclusively online, for the User’s sole and unique benefit and in accordance with the intended use of the OAppS Services.

User acknowledges that the OAppS Services are constantly being improved by OAppS. The User will only have access to the latest released version of the OAppS Services. Each new version or update of the OAppS Service will replace a modified version of the original or previous version and henceforth be subject to all rights and obligations as mentioned in the Terms. During the updates, the OAppS Services may temporarily not be available to the User.

Acquired licenses are effective for the period indicated at the moment of purchase and if not renewed the license will be automatically canceled by law and without further notice.

Restrictions on Rights to Use

You agree you shall not (and you agree not to allow any other individual or entity using your license and identification to):

◉ download‚ modify‚ reproduce‚ adapt‚ translate‚ redistribute ‚ republish, sell‚ rent‚ sub-license‚ or in any way commercially exploit any contents of this Site‚ except and to the extent expressly permitted under these Terms.

◉ remove any copyright‚ trademark or other intellectual proprietary rights notice contained in or on the Site

◉ use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site

◉ collect any information about other users (including personal data) for any purpose other than to solicit and/or share reviews with other users;

◉ reformat or create any frames around our Web pages affecting the visual presentation or appearance that are part of this Site, without prior approval or written permission ;

◉ create or send to other users unsolicited emails‚ such as “spam‚” or otherwise interfere with other users’ use of the Site;

◉ submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;

◉ use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover personal data or security encryption codes);

◉ take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available;

◉ use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Parts of this website offer users to post and exchange opinions and information in certain areas of the website. OAppS does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of OAppS, its employees and/or affiliates. Comments reflect the views and opinions of the individual. To the extent permitted by applicable laws, OAppS shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

You warrant and represent that:

◉ You are entitled to post the Comments on our website and have all     necessary licenses and consents to do so.

◉ The Comments do not invade any intellectual property right, including     without limitation copyright, patent or trademark of any third party.

◉ The Comments do not contain any libelous or otherwise unlawful     contents which is an invasion of privacy.

◉ The Comments will not be used to solicit or promote business or present     commercial activities or unlawful activity.

You hereby grant OAppS a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Privacy Policy

Our Privacy Policy, which also governs your visit to Our Site, can be found at Privacy Policy. Please review our Privacy Policy for information on how We collect, use and share information about our users.

Set-up and synchronization details

OSync is a self-service extension. User needs to set-up the service himself by correctly configuring the service. The User will seek professional assistance if needed.

OSync will automatically perform the synchronization according to the license specifications and the mappings set by the User (the “Sync Settings”).

The User will consult the technical specifications of OSync, the API specification of the synchronized applications and do the mapping in order to ensure that a proper synchronization is possible. E.g. the User will take into account the synchronization type and frequency, the amount of data, processes, etc.,

User’s obligations and liability

User accepts complete and unconditional responsibility for any and all operations performed under his accounts. User is responsible for the confidentiality of his accounts, usernames and passwords, for the access to his computer system and for the acts and negligence of any party making use of an account of the User. User will not allow access to OAppS Services to anyone that is not an employee or trusted contractor of User.

In case User finds or suspects any misuse of his account information, User will immediately change his passwords or contact OAppS on support@oapps.xyz to temporarily block his accounts.

The User will only process data he has the right to access and use. The User will abide by (a) all international, national, state and local laws and regulations, (b) all internet regulations, policies and procedures and (c) the license conditions of the applications integrated with OAppS Services.

The User agrees to never use OAppS Services for illegal purposes or conduct that is otherwise objectionable. The User may not process any content that (i) is unlawful, harassing, misrepresentative, abusive, threatening, or harmful of any kind or nature or otherwise objectionable; (ii) he does not have the right to access and use under any law or under contractual or fiduciary relationships; (iii) infringes any rights of a third party, such as but not limited to patent, trademark, trade secret, personal data protection and copyright rights.

The User will not use nor display any means, software or routines that might harm other parties or the good functioning of OAppS Services, or disproportionately burden OApps system. The User accepts the full responsibility for his accounts and agrees to defend, indemnify and hold harmless OAppS, its directors, employees,attorneys harmless from and against any and all claims, liabilities, judgments, penalties, taxes, costs and expenses (incl. reasonable attorney fees and costs) arising out of or related to User’s breach of the Terms or the Annexes

Security and data protection

OAppS warrants that OAppS Services are secure and protected in a professional manner. However,  OAppS cannot guarantee that OAppS Services, delivered through internet, cannot be hacked, breached or compromised in any manner. In case User finds or suspects any misuse or security breach, User will immediately contact OAppS on support@oapps.xyz

OAppS will not store User data on its servers, that are not strictly necessary for the delivery of OAppS Services.

International Users and applicable law:

This Site is controlled, operated and administered by OAppS from its offices within India. OAppS makes no representation that Materials on this Website are appropriate or available for use at any other location(s) outside India. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If You access this Website from a location outside India, You are responsible for compliance with all local laws.

These Terms and conditions shall be governed by, interpreted and construed in accordance with the laws of the Republic of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court(s) in Chennai, India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms and You hereby consent to personal jurisdiction in such forum.

When the User interacts with website of OAppS (the “Website”),  OApps uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information. The User may change the preferences on his browser or mobile device to prevent or limit the acceptance of cookies, but this may prevent the User from taking advantage of some of the features of the Website. Note that OApps has no access to or control over these cookies that are used by third-party advertisers.

Third party API’s

The User acknowledges that OAppS Services depends on the API’s of the integrating applications. Therefore, OAppS Services may not properly function or not be available in case a third party API changes, deprecates, malfunctions, contains bugs, is restricted or any other issue with a third party API arises (together “API Issues”).

OAppS will make best efforts to resolve the API Issues in a professional manner and at the earliest. The User acknowledges this risk and accepts that OAppS will not compensate the User for damages arising from API Issues.

What is your Cancellation And Refund Policy?

Cancellation and refund policies differ according to the payment term.

If you purchased your subscription through a third party, please refer to any terms and conditions provided to you in connection with the purchase.

Monthly Subscriptions

When canceling a monthly subscription, all future charges associated with future months of your subscription will be canceled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.

Annual Subscriptions

When canceling an annual subscription, all future charges associated with future years of your subscription will be canceled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.
In order to change or cancel your subscription please reach us at help@oapps.xyz

Limitation of liability of OAppS

OAppS will make all reasonable efforts to ensure the expected functioning of the OAppS Services as set forth.

OAppS represents that OAppS Services are developed by professionals and is consistent with generally accepted industry standards. OAppS will improve OAppS Services continuously and warrants that OAppS Services at all times will comply with such standards. However, OAppS does not warrant that OAppS Services are entirely free of small bugs and errors or that OAppS Services will function without interruptions.

OAppS does not warrant that the OAppS Services functionality will meet the User’s performance requirements or will function in accordance with the User’s expectations. The User accepts responsibility for the selection of the OAppS Services, its use and the results to be obtained there from.

OAppS can only be held liable for gross negligence. It cannot be held liable when a defect or malfunction of OAppS Services is attributable to (i) a software or hardware defect that was not issued by OAppS, or (ii) API Issues, or (iii) the fact that modifications or amendments to OAppS Services have been made without its permission, or (iv) if the User fails to report immediately any problem together with documentation and information pertaining to the occurrence of the problem.

The User understands that OAppS Services are online application. OAppS cannot be held liable when a defect or malfunction of the OAppS Services are attributable to network or communication issues, or to hacking, malware or other forms of misuse.

OAppS will not be liable to the User or third parties for loss of use or business, loss of data or profits,  indirect, special, consequential or incidental damages, even if OAppS has been advised of the possibility of such losses or damages. For direct damages, if repair in species is not possible, the liability of OAppS toward the User (on contractual grounds as well as in tort) shall never exceed an amount equal to the license fees paid by the User over the last twelve months. The User shall take all necessary measures that can reasonably be expected to limit its damage.

Indemnity

The User shall indemnify and hold harmless OAppS from any and all claims,  damages, losses, costs, expenses, judgment or other loss relating to the use of this Website in any manner, including without limitation of the foregoing , any action the User take which is in violation of the terms and conditions of these Terms or Annexes and against any applicable law.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. OAPPS PROVIDES THE OAPPS SERVICES ON AN “AS-IS-AND-AS-AVAILABLE” BASIS. OAPPS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS HEREBY EXCLUDED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
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