The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Representations And Warranties:
By using the Site or the Service, you represent, warrant, and agree as follows:
You irrevocably waive and release, its owners, employees, contractors, representatives, agents, successors, and assigns from all responsibility associated with your use, or the use by any person accessing the Site or the Service via your account, of the Site and the Service.
Commercial usage of the free license is strictly forbidden. Commercial use is only allowed for paid plans, which explicitly allows commercial usage. Please visit our pricing page to be informed about commercial offers. Commercial usage includes but is not limited to using websites to get a commercial advantage or financial gain. (for example, Online shops, Trader sites, Marketing sites). Using more than three instances of the Company Software from the same IP address is considered commercial usage. We reserve the right to terminate accounts or limit access to Company Software and Services without prior notification in case of commercial use without appropriate paid subscription or written permission from the Company representatives.
Limitation of liability and indemnity
In no event will company be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data, or any other indirect, special, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise.
Under no circumstances will company’s total liability of all kinds arising out of or related to this agreement regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the total amount paid by you to the company under this agreement form during the month immediately preceding the claim. The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether the company has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
You shall indemnify and hold harmless company and its officers, directors, employees and agents (the "Company indemnified parties") from and against liabilities, costs, losses, damages, judgments, expenses (including attorneys' fees and costs of experts and costs of appeals) arising out of or in connection with any and all of the following: (a) any allegation that any of the applications, brand features and marks or content infringe, misappropriate or violate any intellectual property right, (b) any violation of this agreement, including, without limitation, any breach of any representations or warranties contained herein, (c) your provision or distribution of the application or any content, (d) your use of any of the company software or receipt of the services, (e) any activity relating to your account, (f) any violation of a third party app store's contracts, policies or procedures; or (e) any failure of you to have all necessary rights and licenses.
The company software and services are provided to you as is and without warranty of any kind, whether express, implied, statutory, or otherwise, and company hereby disclaims and excludes, to the maximum extent permitted by law, all warranties, whether statutory, express, or implied, including, without limitation, the implied warranties of non-infringement of third party rights, fitness for a particular purpose, merchantability and satisfactory quality company does not warrant that any of the company software or services will meet your needs or requirements or be error-free or always available or available at any particular time or that any errors or defects will be corrected. None of the company software and services is fault tolerant. They are not designed, manufactured, licensed or intended for use in hazardous environments requiring fail-safe performance such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support machines, weapons systems or any other application in which its failure could lead directly to death, personal injury, or physical or environmental damage.
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
At all times you must keep confidential the username, password, and account information applicable to your account. You are solely responsible for all information, data and other materials that you or anyone accessing the Site or the Service through or as a result of your account post to or transmit through the Site or the Service, as well as for all other activities associated with your account. You are solely responsible for any and all activities that occur in relation to your account, and you shall not permit anyone else access to or use of your account or the Site or the Service. You shall not, shall not agree to, and shall not authorize or encourage any third party to use the Service to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, threatening, pornographic, obscene, containing viruses, or is otherwise objectionable. Personal attacks, defamation, harassment, spam, offensive content, inappropriate behavior, or other illegal activities are strictly prohibited. What is objectionable, offensive, or inappropriate is to be determined in Techrosh LLC sole discretion. Violating the terms and conditions of this Agreement may result in immediate termination of your account and all other remedies available to Techrosh LLC at law or in equity. You agree that Techrosh LLC shall have the right to investigate your use of the Site and/or the Service or any use of your account to determine whether a violation of this Agreement has occurred or to comply or assist with any applicable law, regulation, legal process, investigation, civil suit, or governmental request.
You must be a human to use the Service. Automated account registration or automating functions of the Service are strictly prohibited. You must not modify or adapt the Site or the Service or modify another website to falsely imply that it is associated with the Service. You agree to not modify the Site or the Service in any manner or otherwise use either for any unauthorized purpose. You agree not to access the Service by any means other than through the interface provided by Techrosh LLC. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving data or for back-up purposes. Use of any of the Site, the Service, or IP in any manner not expressly permitted by this Agreement is prohibited.
You shall (I) be responsible for your and your authorized users’ compliance with these terms of service, including the fair use policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of customer content and of the means by which you acquired or generated customer content; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the services, including keeping you password and username confidential and not permitting any third party to access or use your user name, password, or account for the services; (iv) be solely responsible and liable for all activity conducted through your account in connection with the services; (v) promptly notify Sendwin if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any authorized user’s) user name, password, or account; (vi) use the services only in accordance with applicable laws and government regulations; (vii) comply in all respects with all applicable terms of the third-party services that you subscribe to or otherwise access in connection with your use of the services. You must not (a) make the services available to anyone other than to your authorized users; (b) allow more than one individual authorized user to use a seat; (c) sell, trade, or otherwise transfer your seats to another party; (d) use the services to store or transmit any content, including customer content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law; (e) upload to, or transmit from, the services any data, file, software, or link that contains or redirects to a virus, trojan horse, worm, or other harmful component; (f) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the services, any third-party use of the services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (g) access the services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the services; (h) attempt to gain unauthorized access to the services or its related systems or networks; or (I) authorize, permit, or encourage any third party to do any of the above.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the company software, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “equipment”). You shall be responsible for ensuring that such equipment is compatible with the company service. You shall also be responsible for maintaining the security of the equipment, including but not limited to your account passwords, named user passwords and files. You shall be aware that company does not provide any support services under this agreement.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
By email: [email protected]