Welcome to Qikberry Technologies Pvt. Ltd. a.k.a Qikberry.

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Qikberry is one of the leading & premier communication platforms as a Service (CPaaS) that provide A2P Messaging, Voice & other communication Services across the globe. Headquartered in Bangalore, IT Hub of India. Our services enable you to customize customer communication over multiple communication channels.

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These are our terms of use (hereinafter referred to as the “Agreement” or “Terms”). We provide access to our Product subject to the terms of this Agreement. To be eligible to use our Product you must review and accept the terms of this Agreement.

By clicking on the “I Agree” button or using our Product you agree to the terms of this Agreement. The Agreement will become effective from the date you click on the “I Agree” button or from the date of your using the Product (hereinafter referred to as the “Effective Date”).

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1.TERMS OF USE:

This is a legally valid agreement that lays out the terms and conditions for the use of all services which come under the Qikberry Technologies Pvt. Ltd. Service agreed by you. The usage of the service is limited under all the terms & conditions herewith published. This agreement shall be governed by the rules and regulations of the authorities of the government of India. Please read this agreement carefully. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed.

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2.SERVICE USAGE POLICY:

You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by team Qikberry Technologies Pvt. Ltd.. The utilization of the SMS service is subject to the following Terms of Service.

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Any illegal use of the SMS service is strictly prohibited.

• Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. Qikberry Technologies Pvt. Ltd. does not assume any liability for the content of messages sent.

• Qikberry Technologies Pvt. Ltd. will be exempt from any claim that may arise from third parties as a result of message content.

• You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Rights laws. (E.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinions, national or social origin).

• You accept that the service is provided for professional use only and you agree not to use it to:
   

  • Promote alcohol, music, dancing, dating, gambling or deception.

  • Send unsolicited messages (i.e. mobile spam) and therefore ensure that your messages are only sent to individuals that have given you their permission.

  • Harvest, or otherwise collect information about others, without their consent.

  • Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.

  • Transmit, associate or publish any unlawful, racist, harassing, libellous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy.

  • Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.

  • Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs.

  • Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.

  • Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.

  • Interfere with others' use and enjoyment of the service.

  • Engage in any other activity that Qikberry Technologies Pvt. Ltd. believes could subject it to criminal liability or civil penalty/judgment.
     

• You acknowledge that Qikberry Technologies Pvt. Ltd. delivers SMS messages via major telecom operators and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed. SMS messages submitted via the Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn’t have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.

• You are responsible for the privacy and storage of the user name and password. You agree that all activities made through your account are legally bonded to you.

• Qikberry Technologies Pvt. Ltd. neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While Qikberry Technologies Pvt. Ltd. makes every effort to deliver messages promptly.

• Qikberry Technologies Pvt. Ltd. doesn’t refund the credits for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS messages to recipients due to possible errors. Qikberry Technologies Pvt. Ltd. debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if an investigation by TEAMsmsidea.biz has produced evidence of a technical problem or error.

• Qikberry Technologies Pvt. Ltd. reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.

• The SMS account balance is non-refundable and does not bear interest. All the SMS has no validity period. You undertake the whole responsibilities regarding the messages sent through Qikberry Technologies Pvt. Ltd. services from your account, which are transmitted as per your request.

• You shall indemnify and reimburse Qikberry Technologies Pvt. Ltd. all liabilities, costs, losses and damages, in case of any claim brought against Qikberry Technologies Pvt. Ltd. from any third party due to breach of contract.

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Your Consent:

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By using our website or services, you consent to the collection, use, and disclosure of your information as described in this Privacy Policy. You also consent to receiving SMS, Whatsapp, and RCS notifications from us from time to time regarding useful information or product updates.

 

Test Account:

Qikberry Technologies Pvt. Ltd. may make an account available to the Client for the purposes of testing certain Services. The terms of the Contract, including the DPA, shall govern the Client’s use and access to such test Account and test Services. The client shall ensure that the test account and test Services are used only for the purpose of testing, and not for any productive, commercial, or other purposes (such restriction prevailing over any other provision to the contrary in the Contract). The client shall comply with any relevant instructions or protocols notified by Qikberry Technologies Pvt. Ltd. in relation to the test account and test Services. The Charges for such test Account and test Services shall be as determined by Qikberry Technologies Pvt. Ltd. from time to time. Client agrees that Qikberry Technologies Pvt. Ltd. can withdraw such test Account and test Services at any time (with or without notice to Client).

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3.LIMITATION OF LIABILITY:

• Whilst we will take all reasonable steps to deliver your messages to recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.

• Furthermore, delivery reports and the originator are operator dependent features and so it is not possible for us to give 100% guarantees for their availability. We recommend that tests should be conducted beforehand when these features are considered to be of high importance.

• You acknowledge that as we send and receive text messages via major telecommunications companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.

• Our responsibility is therefore to ensure that the text messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator.

• SMS that cannot be delivered within the lifespan allocated to them, either by us or a Mobile Network Operator will be discarded by the Mobile Network Operator, without any notice. We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Qikberry Technologies Pvt. Ltd.. Furthermore, you agree that message contents are deemed to have zero value.

• You also acknowledge that text messages are transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery, by third parties is possible. We also recommend that you ensure sensitive and valuable information is communicated by a number of communication methods.

• Furthermore, use of the service and the Internet is at its own risk and that the service is provided "as is" and "as available", without any warranties or conditions whatsoever, expressed or implied. We will use all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location. Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees

• Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any content or services contained therein will be uninterrupted or error-free.

• Shall in no event be liable for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; you agree to indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.

• Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Qikberry Technologies Pvt. Ltd. and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
   

4.MODIFICATION OF TERMS:

We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place.

Furthermore, you accept that should there be a contradiction between other specific terms & conditions and these general terms & conditions, the other specific terms & conditions shall apply.

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5.TERMINATION:

If at any time you breach the terms & conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.

Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.

You are also free to terminate or cancel this agreement at any time, and for any reason. For such a termination or cancellation to be effective, however, you must inform us in writing through email, you will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.

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6.PRICING POLICY:

Charges, payment terms, and test account

• The charges are quoted in Indian Currency (INR), and GST of 18% will be mandatory on all the billings for Indian Customers.

• The charges will be quoted in Euro for the clients outside India. A payment link will be mailed to the customer and the Client agrees to pay all Charges due to Qikberry Technologies Pvt. Ltd. in respect of making the Service available.

• The Client agrees to pay all Charges due to Qikberry Technologies Pvt. Ltd. in respect of making the Service available to the Client and giving access to and use of the Service by the pre-payment method and in accordance with the terms as set hereof.

• Client agrees to pre-purchase credits for each month of the Contract or such other period as is agreed between the Parties, in which case Qikberry will allocate the Client a corresponding credit. Each Chargeable event that Client conducts using the Service will therefore reduce the value of the credits available to the Client by the amount corresponding to the tariffs applicable at the moment in which the Chargeable Event is generated and referred to on Qikberry Technologies Pvt. Ltd. CPaaS. Furthermore, Client acknowledges and accepts that prices may be updated by Qikberry Technologies Pvt. Ltd. from time to time according to the provisions set forth in the Service Agreements. For the avoidance of doubt, a Charge will be incurred for every Chargeable Event conducted by the Client regardless of whether it is successfully delivered.

• The client is solely responsible, by seeking adequate Chargeable Event credit allocation(s) and checking Client’s remaining available Chargeable Event credit level on Qikberry Technologies Pvt. Ltd. website, for ensuring that Client has enough Chargeable Event credits to meet Client’s requirements from time to time and Qikberry Technologies Pvt. Ltd. shall not be in any way responsible or liable in the event that Client has insufficient Chargeable Event credits to meet Client’s requirements, and/or has exceeded Client’s Chargeable Event credit allocation(s), for any period.

• All charges and bank fees incurred through payment shall be borne by the Client who furthermore guarantees to Qikberry Technologies Pvt. Ltd. to legitimately use the payments means necessary to pay and top-up its credit. The client is responsible for the payment of all bank and finance charges and must ensure that the amount received on the Qikberry Technologies Pvt. Ltd. bank account, after deductions, corresponds to the full amount owed to Qikberry Technologies Pvt. Ltd..

• Notwithstanding anything to the contrary and for the avoidance of doubt, Qikberry Technologies Pvt. Ltd. may in a separate invoice make backdated claims for amounts outstanding which were not previously invoiced for technical or other reasons. Such charges shall be detailed in an accounting summary report.

• Qikberry Technologies Pvt. Ltd. shall be entitled to suspend or deactivate those invoiced Services – including the related invoiced default interests possibly incurred by the Client – remained unpaid by written notice. Charges which are not based on actual usage are payable even in the event of suspended or deactivated Services.

• Without prejudice to the provisions of clause 5, the Client will not be able to receive any refund for the payment made.

Billing and Payment Processing

• Payment of Invoices: In consideration of the provision of the Service pursuant to a credit arrangement, you shall pay to us fees for the Credits used at the rates previously agreed by your Account Manager or as otherwise set out in Our invoices, which will be issued to You from time to time.

• You shall pay each of Our invoices, in full within 30 days of the date of the invoice.

• We reserve the right to withdraw any credit arrangement with You at any time with or without cause at which time all sums due to Us for unpaid Credits shall become payable immediately on demand.

Payments via Credit Card or ACH

• With respect to all amounts chargeable to Customer under this Agreement, if paying by credit card or ACH, Customer authorizes Qikberry Technologies Pvt. Ltd. to (a) automatically bill the credit/debit card Customer provided on the same day of each month; or (b) automatically debit (charge) Customer's checking account electronically via ACH on the same day of each month. "ACH" shall mean the automated clearing house, which is the nationwide network of banking institutions that process electronic payments automatically between bank accounts. Customer agrees that Qikberry Technologies Pvt. Ltd. may receive updated information about the Customer's account from the financial institution issuing Customer's credit/debit card. Customer's payment method is also subject to a charge for applicable fees and charges arising from a cancellation of Service or required Qikberry Technologies Pvt. Ltd. Business Equipment returns.

• Alternative Payment Methods: Under certain circumstances, and except for prepaid cards, Qikberry Technologies Pvt. Ltd. may agree to accept alternative payment methods. In such a case, customers shall agree to Qikberry Technologies Pvt. Ltd. reasonable requirements, as well as certain fees, related to the aforementioned pre-approved, alternative payment methods.

Pre-paid Credits

• Once You have opened an account with Us, You may purchase Credits at any time through Your account or by contacting Your Account Manager.

• Unless otherwise agreed in writing by Us, You can only pay for Credits in advance using a debit card or credit card or Your PayPal account approved by Us or any other method of payment that We may permit from time to time. Additional administrative charges may apply, depending on the method of payment.

• We may amend methods of payment approved by Us (including withdrawing methods of payment previously approved by Us) at any time.

• You warrant that any information supplied as part of the payment process is accurate and pertains to You and any credit card, debit card or an equivalent method of payment provided belongs to You, or You are authorized to use such payment method.

• You agree to indemnify Us against any loss We may suffer resulting from the incorrect payment information provided or resulting from Your use of a payment method which You were not authorized to use.

• By purchasing Credits, You authorize Qikberry Technologies Pvt. Ltd. to charge the designated payment method for the total amount of the purchase.

• Once payment has been successfully received by Qikberry Technologies Pvt. Ltd.. Your account will be credited with the corresponding number of Credits.

• Credits are non-refundable unless We terminate Your use of the Service and/or close Your account pursuant.

• We accept no liability for any loss caused by You due to failed payments.

• By purchasing Credits from Us, You agree to Our prices which will be set out on Our Site or notified to You by Us at the time You purchase the Credits.

• The price of Credits includes GST (where applicable) at the applicable current rate chargeable in India for the time being and includes any other applicable taxes.

• The number of Credits You will use up for using any part of the Service are set out on Our Site and may vary from time to time. For example, if 1 Credit enables You to send 1 SMS of 160 characters or less if You want to send an SMS that contains 161 characters, this will use 2 of Your Credits. You may also opt to send messages via Unicode in which case the message is limited to 70 characters per message. If You log in to Your account, You will be able to tell how many pre-paid Credits are available to You, subject to Us having a reasonable amount of time to update Your account from the time You purchase or use Credits.
   

7.REGULATORY AND LEGAL CHANGES:

Qikberry Technologies Pvt. Ltd. may discontinue, limit, modify any Service, or impose additional requirements to the provision of any Service, as may be reasonably required to comply with any Applicable Laws. If changes in Applicable Laws materially and adversely affect the delivery of Service (including the economic viability thereof) or would impose further compliance requirements, then Qikberry Technologies Pvt. Ltd. will provide notice to Customer (in accordance with Section 3) to the extent that said changes impact Customer's obligations and details of regulatory changes and if requested by Customer, the Parties will use good faith efforts to negotiate appropriate changes to this Agreement. If the parties cannot reach an agreement within 30 days after Qikberry Technologies Pvt. Ltd. notice requesting renegotiation, Qikberry Technologies Pvt. Ltd. may, on a prospective basis after such 30-day period, pass any increased costs (if applicable) resulting from such changes on to Customer; provided, however, that Qikberry Technologies Pvt. Ltd. shall provide Customer written notice of any increased costs or charges and Customer may upon notice given to Qikberry Technologies Pvt. Ltd. within 60 days after delivery of the notice of the increased charges terminate Service without liability for an early termination fee or charge. If Customer does not terminate Service within a 60-day period, Customer’s termination right shall expire and Customer shall be obligated to accept and pay for the Service until expiration or termination of the Service Term.
 

8.TERMINATION POLICY:

Suspension of Services for Non-Payment: We reserve the right to suspend Your account and Your use of the Service at any time without notice for Non-Payment of the previous credits and without cause and during such suspension, these Terms of Service shall continue to apply until such time as Your use of the Service is terminated and Your account is closed.

Billing Disputes: If Customer reasonably disputes any invoice, Customer must pay the undisputed amount and submit written notice of the disputed amount (with details of the nature of the dispute and the Services and invoice(s) disputed) to the address below on or before the due date. In the event Customer intends to dispute amounts already paid in full, Customer must submit a notice of such dispute in writing via email, within 30 days from the date of the invoice (such date at the end of such period being the "Dispute Due Date"). After receipt of notice of the dispute, Qikberry Technologies Pvt. Ltd. shall undertake an investigation of the dispute, so long as the Customer has not waived its rights pursuant to this paragraph to make the dispute. At the conclusion of the investigation, Qikberry Technologies Pvt. Ltd. will notify the Customer of the amount to be correctly charged and such amount will become immediately due and payable. Qikberry Technologies Pvt. Ltd. may charge interest on such amount from the date originally due. If the dispute notice is not sent by the Dispute Due Date, Customer waives all rights to dispute the applicable charges, unless otherwise provided by law. All billing disputes must be sent to support@Qikberry.com or via regular mail to:

Service Term and Service Cancellation: Each Sales Order forms a fixed-term subscription and is effective and binding on Customer on the Effective Date. For Services provided on a month-to-month basis, either Party may terminate the Services by providing at least 30-days’ notice, with termination being effective the month following the month notice was provided.

Early Termination Charges - Fixed Term Services:

If Customer terminates a Sales Order or all or any of the Service(s), other than pursuant to or if Service is terminated by Qikberry Technologies Pvt. Ltd. (Customer Default), all Charges, Taxes, and Fees under such Sales Order will be accelerated and Customer shall pay Qikberry Technologies Pvt. Ltd. the sum of:

(i) all unpaid amounts for Service(s) actually provided; plus

(ii) 100% of the remaining contracted monthly recurring charges as of the date of termination through the end of the Service Term as prescribed in the Sales Order, or if such termination is prior to the Activation Date, the monthly recurring charges multiplied by the number of months prescribed by the Sales Order for the Service Term

(iii) applicable Taxes and Fees on all of the foregoing. Qikberry Technologies Pvt. Ltd. may automatically charge Customer’s selected method of payment if Customer is paying via credit card or ACH, or Customer shall pay such cancellation amount upon receipt of an invoice therefore.

 

9.REFUND POLICY:

Account Closing:

• The user may close his account at any time. Account closing means that the further use of services with the use of the current password and login shall no longer be possible.

• The user is responsible for closing his account.

• Closing the account by the user before the end of the settling period for which a payment has been made does not obligate Qikberry Technologies Pvt. Ltd. to refund the amount for the unused period.

• Qikberry Technologies Pvt. Ltd. reserves the right to close the user’s account due to gross infringement of the provisions of these terms and conditions or in the event of illegal use of the offered services.

• Qikberry Technologies Pvt. Ltd. shall not be liable for damage suffered by the user arising due to the suspension or closing of the account by the user or for other reasons arising from the user’s fault.
   

Guarantee and limited liability:

• Qikberry Technologies Pvt. Ltd. guarantees the highest quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long-distance data transmission, however, guarantees 100% security, continuity, and accessibility of the provided services.

• Although Qikberry Technologies Pvt. Ltd. tries to, but does not guarantee compatibility of offered services and products with other producers’ software. The user shall bear responsibility for the choice and consequences following the use of other software including its applicability to the user’s objectives.

• Qikberry Technologies Pvt. Ltd. stipulates that opinions given by users do not reflect in any possible manner its views and opinions. Qikberry Technologies Pvt. Ltd. does not monitor or control users’ opinions on a continual basis; if however, any opinions in breach of these terms and conditions should be revealed, efforts shall be immediately made to remove them as soon as possible.

• Qikberry Technologies Pvt. Ltd. shall bear no liability in particular for:

  • Phrases and entries added to the network in connection with the use of offered services and products

  • Unlawful and inconsistent with these terms and conditions users’ operations while using offered services and products

  • Disturbances in accessibility of offered products and services not caused by Qikberry Technologies Pvt. Ltd.

  • Damage suffered by the user arisen due to the suspension or closing of the account by the user or for other reasons arising from the user’s fault

  • Damage suffered by the user as a result of a third party using his data that enable him to access the provided services and products

  • Damage following from the use or the impossibility to use offered products and services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement

  • Consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and services.