Welcome to HelloSend, a product of OAppS Technologies Private Limited. By accessing or using our website hellosend.com, any applications under its subdomains, or our services, you agree to comply with the following terms and conditions.
The following terms are defined to ensure clarity in the context of these terms and conditions:
OAppS: HelloSend operates under OAppS Technologies Private Limited, a company registered in India. Our registered office is located at No. 60, 1st Floor, Abiramapuram 7th Street, Thanjavur TN 613007, India, with company number 133004.
Osync: The software that serves as a data synchronization integration.
User: The entity that enters into a license agreement with OAppS regarding the HelloSend services.
Terms: These terms and conditions govern the user's use of the HelloSend services.
Annexes: Any and all documents referred to in the Terms.
The website https://www.hellosend.com, and any application under this domain or subdomain (hereinafter referred to as the "site") are owned by OAppS Technologies Private Limited ("We," "Us," "OAppS," or "HelloSend"). We are providing you with access to this Site and our products (together with the "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. Please read these Terms carefully. We reserve the right to change this Site and the said Terms at any time. If you do not accept the new Terms, HelloSend 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"). The laws of India shall govern this agreement.
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 HelloSend. All purchases 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 quoted prices are net and exclude local taxes (VAT, GST, etc.).
License
OAppS grants the user a non-transferable and non-exclusive license to use a specified product upon payment of the applicable fees. According to this license, such use will be exclusively online, for the user’s sole and unique benefit, and in accordance with the intended use of the HelloSend services.
The user acknowledges that HelloSend is constantly improving its services. The user will only have access to the latest released version of the HelloSend services. Each new version or update of the HelloSend service will replace a modified version of the original or previous version and will be subject to all rights and obligations as mentioned in the Terms. During updates, the HelloSend services may temporarily not be available to the user.
Acquired licenses are valid for the period indicated at the time 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):
1. 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;
2. Remove any copyright‚ trademark, or other intellectual proprietary rights notice contained in or on the Site;
3. Use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
4. Collect any information about other users (including personal data) for any purpose other than to solicit and/or share reviews with other users;
5. 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 ;
6. Create or send to other users unsolicited emails‚ such as “spam‚” or otherwise interfere with other users’ use of the Site;
7. Submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
8. Use this Site to violate the security of or gain unauthorized access to any computer/computer network, or other device or system (including unauthorized attempts to discover personal data or security encryption codes);
9. 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;
10. 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 absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
Parts of this website allow users to post and exchange opinions and information in certain areas of the website. HelloSend does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of HelloSend, its employees, and/or affiliates. Comments reflect the views and opinions of the individual. To the extent permitted by applicable laws, HelloSend shall not be liable for the comments or 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:
1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
2. The Comments do not invade any intellectual property right, including without limitation, copyright, patent, or trademark of any third party;
3. The Comments do not contain any libelous or otherwise unlawful content, which is an invasion of privacy.
4. The Comments will not be used to solicit or promote business or present commercial activities or unlawful activity.
You hereby grant HelloSend a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any 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 collecting, using, and sharing information about our users.
Set-up and synchronization details
OSync is a self-service extension. The user needs to set up the service himself by correctly configuring it. The user will seek professional assistance if required.
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 and the API specification of the synchronized applications and do the mapping to ensure that proper synchronization is possible. For e.g., the user will consider the synchronization type and frequency, the amount of data, processes, etc.
Purview and limitation of OSync by OAppS
OSync enables the user to synchronize data and perform operations as set forth in the product. The product is strictly limited to all reasonable measures to ensure the service's working and availability.
HelloSend does not screen the data, text, or media content processed through OSync by the user. The user is free, within the limited purview of their license rights, to use and operate OSync according to its intended purpose. As a result, the user bears the sole and full responsibility for the content they process using OSync.
User’s obligations and liability
The user accepts complete and unconditional responsibility for any and all operations performed under their accounts. The user is responsible for the confidentiality of their accounts, usernames, and passwords, for access to their computer system, and for the acts and negligence of any party making use of their account. The user will not allow access to HelloSend Services to anyone who is not an employee or trusted contractor of the user.
If the user finds or suspects any misuse of their account information, they will immediately change their passwords or contact HelloSend at support@hellosend.com to temporarily block their accounts.
The user will only process data they can 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 HelloSend Services.
The user agrees never to use HelloSend Services for illegal purposes or otherwise objectionable conduct. 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) they do not have the right to access and use under any law or 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 or display any means, software, or routines that might harm other parties or the proper functioning of HelloSend Services or disproportionately burden the HelloSend system. The user accepts full responsibility for their accounts and agrees to defend, indemnify, and hold harmless HelloSend, its directors, employees, and attorneys from and against any claims, liabilities, judgments, penalties, taxes, costs, and expenses (including reasonable attorney fees and costs) arising out of or related to the user's breach of the “Terms or the Annexes”.
Security and data protection
HelloSend warrants that its services are secure and protected professionally. However, HelloSend cannot guarantee that its services, delivered through the internet, cannot be hacked, breached, or compromised in any manner. If the user finds or suspects any misuse or security breach, they will immediately contact HelloSend at support@hellosend.com.
HelloSend will not store user data on its servers unless it is strictly necessary to deliver its services.
International Users and applicable law:
This site is controlled, operated, and administered by HelloSend from its offices in India. HelloSend 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 its 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 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 exclusive jurisdiction to resolve all disputes arising under these terms, and you hereby consent to personal jurisdiction in such a forum.
Cookies
When the User interacts with HelloSend's website (the "Website"), HelloSend uses 'cookies.' These cookies are employed to store information, including visitors' preferences and the pages on the website that the visitor accessed or visited. This data helps optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information. The User can adjust the preferences on their browser or mobile device to prevent or limit the acceptance of cookies, but this may restrict the User from utilizing some features of the website. Please note that HelloSend has no access to or control over cookies used by third-party advertisers.
Third party API’s
We acknowledge that HelloSend Services rely on the APIs of integrating applications. Consequently, HelloSend Services may experience functionality issues or unavailability if a third-party API changes, is deprecated, malfunctions, contains bugs, is restricted, or encounters any other problems (collectively, "API Issues").
HelloSend will make its best efforts to address and resolve API Issues professionally and promptly. The User acknowledges this risk and agrees that HelloSend will not be liable for any 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 the terms and conditions provided with the purchase.
Monthly Subscriptions
When you cancel 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 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 monthly billing period.
HelloSend will retain your personal data only for as long as necessary to fulfill the purposes outlined in this privacy policy. This includes retaining and using your personal data to comply with legal obligations, honor unsubscribe requests, resolve disputes, meet financial audit requirements, and enforce our agreements and policies.
We will also keep usage information for internal analysis. Typically, usage information is retained for a shorter duration, except when it is used to enhance security, improve product functionality, or when legally required to be retained for extended periods.
Annual Subscriptions
When you cancel an annual subscription, we will cancel all future charges associated with the upcoming years of your subscription. You may notify us of your intent to cancel any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a prorated or otherwise refund for the remainder of the yearly term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the annual billing period. To change or cancel your subscription, please reach us at support@hellosend.com.
Limitation of Liability of HelloSend
HelloSend will make all reasonable efforts to ensure the expected functioning of its Services as described.
HelloSend guarantees that its Services, developed by professionals and aligned with industry standards, will be continuously improved. This warranty ensures that HelloSend Services will meet these standards, although it does not guarantee a completely error-free or uninterrupted service.
HelloSend does not guarantee that its Services will meet the User’s performance requirements or function as expected. The User assumes responsibility for selecting and using HelloSend Services, as well as for the results obtained.
HelloSend can only be held liable for gross negligence. It cannot be held liable for defects or malfunctions of its Services attributable to (i) a software or hardware defect not issued by HelloSend, (ii) API Issues, (iii) modifications or amendments to HelloSend Services made without its permission, or (iv) the User’s failure to promptly report any problem with supporting documentation and information about the issue.
The user understands that HelloSend Services are online applications. HelloSend cannot be held liable for defects or malfunctions of its Services resulting from network or communication issues, hacking, malware, or other forms of misuse.
HelloSend will not be liable to the user or third parties for loss of use or business, loss of data or profits, or indirect, special, consequential, or incidental damages, even if HelloSend has been advised of the possibility of such losses or damages. For direct damages, if repair in kind is not possible, HelloSend’s liability toward the user (on contractual grounds and 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 reasonable measures to limit their damages.
Indemnity
The user shall indemnify and hold harmless HeloSend 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 takes that 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. HELLOSEND PROVIDES THE SERVICES ON AN “AS-IS-AND-AS-AVAILABLE” BASIS. HELLOSEND 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 HELLOSEND, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.