Terms & Conditions

Effcetive date: May 3, 2023

Mehery Legal Info

If you live outside the European Region, we, Mehery Soccom Pvt Ltd (“OA,” “our,” “we,” or “us”) provide services to you under this Terms of Service and this Privacy Policy. This service is NOT available to people residing in European Region and should NOT be used by people in the European Region.

These Term set forth for your use of the services and are effective as of the date you accept or otherwise agree to the terms of this Agreement.

In order to provide our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your agreement to our Terms of Service (“Terms”). It is important that you review and understand these Terms before using our services. If you do not agree to these Terms, you should not agree to them, create an account, or use our services.

We may update the Terms from time to time. We may provide you with written notice of any material updates, unless such material updates result from changes in laws, regulations, or requirements from telecommunications providers.

About Our Services

  • Privacy And Security Principles. Since the inception of OA, we have built our Services with strong privacy and security principles in mind for the safety and well-being of our users.

  • Connecting You with Businesses. We provide a communication channel for businesses to communicate with their customers and prospects i.e., users like you, using text messages, images, documents and videos as well as data that may be pertinent to you. We share some of the information gathered about you (seePrivacy Policy), to enhance our processes which in turn help enhance your security, when you are legitimately logging into our business website or app.

  • Ways To Improve Our Services. We analyze how you make use of OA, in order to improve our Services. We also provide analytics to businesses who use OA to measure the effectiveness and distribution of their messages.

  • Communicating With Businesses. We provide, and always strive to improve, ways for you and businesses, to communicate with each other. Your communication with Businesses on our platform, is currently limited to buttons that you would click when a business chooses to capture an input from you.

  • Safety, Security, And Integrity. We work to protect the safety, security, and integrity of our Services. This includes appropriately dealing with abusive businesses and activity violating our Terms. If we learn of businesses or activity like this, we will take appropriate action, including by removing such businesses or limiting their activity on our platform or contacting law enforcement.

  • Enabling Access To Our Services. To operate our global Services, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This infrastructure may be owned or operated by our service providers.

You must register for our Services using accurate information, provide your current mobile phone number, and, if you change it, update your mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Age. You must be at least 18 years old to register for and use our Services (or such age as required in your country or territory for you to be authorized to register for and use our Services without parental approval). While we prohibit registration by children under the age of 18, parents should, in such scenarios of children under the age of 18, supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal details without parental permission. The term “parents” also includes legal guardians herein.

Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.

Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services. We do not charge OA App users any fees, for using our services.

Privacy Policy And User Data

Please refer to the Privacy Policy for complete details.

Acceptable Use Of Our Services

Our Terms And Policies. You must use our Services according to our Terms and posted policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the “Termination” section below.

Customer Responsibilities. You will: (a) be solely responsible for all use of the Services and documentation under your account (b) use the Services only in accordance with this Agreement, the Privacy Policy, the applicable documentation, any applicable Order Form(s), and applicable law or regulation; (c) be solely responsible for all acts, omissions, and activities of, including compliance with this Agreement, the Privacy Policy and any applicable law or regulation; (d) prevent unauthorized access to or use of the Services and notify Us of any such unauthorized access or use; (e) provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers.

Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of OA, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) impersonate someone; or (c) involve any non-personal use of our Services unless otherwise authorized by us.

Harm To OA Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

Keeping Your Account Secure. You are responsible for keeping your device and your OA account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-Party Service

Our Services may allow you to access, use, or interact with third-party websites, apps, content, other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services. Please note that these Terms and our Privacy Policy apply only to the use of our Services. When you use third-party products or services their terms and privacy policies will govern your use of those products or services.

Licenses

Your Rights. OA does not claim ownership of the information that you submit for your OA account or through our Services. You must have the necessary rights to such information that you submit for your OA account or through our Services and the right to grant the rights and licenses in our Terms.

OA’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission. Further, you agree not to exercise against OA, or any other third parties designated by OA, any moral rights you may have in any contents, including, without limitation, the feedback or suggestions you or your end users provide regarding the Services that OA is entitled to exploit under this Agreement.

OA’s License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Third Party Open-Source Licenses: Our App, associated software application and infrastructure environment uses third-party open-source software that are subject to their own separate licenses. By using our App, you acknowledge and agree to comply with all applicable third-party open-source licenses, as well as any additional terms and conditions imposed by those licenses. To the extent there is a conflict between the terms of this arrangement and the terms of any third-party open-source license, the terms of the open-source license will prevail with respect to the corresponding open-source software. We make no representations or warranties with respect to any third-party open-source software, and we disclaim all liability for any damages arising from your use of the same.

Disclaimers And Release

WITHOUT LIMITING YOUR EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND OA DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. OA ADDITIONALLY DISCLAIMS ALL WARRANTIES RELATED TO TELECOMMUNICATIONS PROVIDERS. YOU ACKNOWLEDGE THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE AND THAT OA WILL HAVE NO LIABILITY FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF CUSTOMER DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK. BETA OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. OA MAKES NO WARRANTIES AND WILL HAVE NO LIABILITY FOR ANY BETA OFFERINGS, CUSTOMER SERVICES, OR THIRD-PARTY SERVICES WHATSOEVER.

Limitation Of Liability

OA WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF OA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED RUPEES (Rs. 100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, WHICHEVER IS LOWER. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE OA WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You will defend OA, its Affiliates, and each of their directors, officers, and employees (collectively, “OA Indemnified Parties”) from and against any claim, demand, suit, or proceeding made or brought against an OA Indemnified Party by a third party alleging or arising out of: (a) your or your breach Customer Responsibilities or (b) any Customer Services infringing or misappropriating such third party’s intellectual property rights (collectively, “Customer Indemnifiable Claims”). You will indemnify OA from any fines, penalties, damages, attorneys’ fees, and costs awarded against an OA Indemnified Party or for settlement amounts that you approve for a Customer Indemnifiable Claim.

Dispute Resolution

Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to this Terms or our Services will be governed by the laws of India and will be referred to confidential, mandatory and binding arbitration in Mumbai, India. The arbitration will be conducted on an expedited basis before a single arbitrator appointed by Mehery Soccom Pvt Ltd in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitrator’s award shall be substantiated in writing and will be final and binding on you and Mehery Soccom Pvt Ltd. Subject to the above, you agree to submit yourself to the exclusive jurisdiction of the Courts in Mumbai, India.

Force Majeure: No failure, delay, or default in performance of any obligation of OA will constitute an event of default or breach of these Terms that is beyond the control of OA including action or inaction of governmental, civil or military authority, fire, strike, lockout, or other labor dispute, flood, terrorist act, war, riot, theft, earthquake, or other natural disaster etc.

Availability And Termination Of Our Services

Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. You must note that (a) messages and information shared by businesses with you, on OA will be delivered to you promptly on a best effort basis, (b) messages and information delivery require data connection over WiFi or Telecom service provider and absence of such connection will cause the messages to not deliver (c) notifications shall be enabled for proper and smooth functioning of OA and (d) we are not responsible for non-delivery or delayed delivery of messages and information to an OA user.

Termination. Although we hope you remain an OA user, you can terminate your relationship with OA anytime for any reason by deleting your account. For instructions on how to do so, please visit the FAQ section of the OA App. OA may terminate this arrangement in the event the other party commits any material breach of this Terms or the Privacy Policy and fails to remedy such breach within 3 (three) days of the date of written notice of such breach. In case of such termination, OA will also close your accounts.

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. The following provisions will survive any termination of your relationship with OA: “Licenses,” “Disclaimers And Release,” “Limitation Of Liability,” “Indemnification,” “Dispute Resolution,” “Availability And Termination Of Our Services,” “Other,” and “Dispute Resolution.”

Other

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding OA and our Services, and supersede any prior agreements.

  • We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).

  • Our Services are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit our Services in any country or territory.

  • You will comply with all applicable United States and non-United States export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, territory, or country prohibited by Export Laws; (b) to anyone on United States or non-United States government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country or territory, if you are currently listed on any United States or non-United States restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

  • We may amend or update these Terms. We will provide you notice of material amendments to our Terms, as appropriate, and update the “Last modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.

  • All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. We hope you will continue using our Services, but if you do not agree to such an assignment, you must stop using our Services by deleting your account after having been notified of the assignment.

  • Each party is an independent contractor in the performance of each and every part of this Terms. Nothing in this Terms is intended to create or will be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities, damages, or debts of any type whatsoever that may arise on account of its activities, or those of its employees and agents, in the performance of this Term. Neither party has the authority to commit the other party in any way and will not attempt to do so or imply that it has the right to do so.

  • You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

  • Nothing in our Terms will prevent us from complying with the law.

  • Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

  • If we fail to enforce any of our Terms, it will not be considered a waiver.

  • If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.

  • We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

We always appreciate your feedback or other suggestions about OA and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.