means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities allowed to vote for the election of leaders or other supervising authority.

refers to Gujarat, India .

(referred to as either "the Company", "We", "Us," or "Our" in this Agreement) refers to Marketing Agency.

means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.

refers to the Website.

(also referred to as "Terms") mean these Terms and Conditions that form the absolute agreement between You and the Company about the use of the Service.

means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

refers to Marketing Agency, accessible from https://newbiznext.com

means the individual accessing or using the Service, or the company, or other legal commodity on behalf of which such individual is accessing or using the Service, as appropriate.

These are the Terms and Conditions controlling the use of this Service and the agreement that works between You and the Company. These Terms and Conditions set out the rights and responsibilities of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your approval 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, you may not access the Service.

You express that you are over the age of 18. The Company does not authorize those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your approval of and keeping with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using Our Service.

You will need to set up an arrangement to access the Service, including to receive Output Data. You must only provide Account Information that is your own and that is correct. You must also keep your contact information up to date so that we may contact you if needed, such as to relay any important notices.

You shall provide that only your employees or service providers, or the employees or service providers of your wholly or majority-owned helpers who have been expressly authorized by you to use the Service by this Terms of Service, shall use or otherwise access the Service (“Authorized Users”). You may not use the Service if you or any of your Authorized Users are a competitors of Newbiznext (as specified by us in our sole intention). You shall ensure that all Authorized Users are at or above the age of maturity in their jurisdiction. You must comply with any other eligibility limitations on Authorized Users outlined in the Order Form and ensure that your Official Users comply with these Terms. You acknowledge and agree that you shall be responsible for any actions taken in your account by your Authorized Users, and actions taken by your Authorized Users while using your account shall be compulsory upon you.

We make no declarations or promises regarding the security of the Service. Despite our security efforts, unauthorized individuals may obtain your information, such as through web-scraping tools (even though we do not authorize and prohibit that behavior). You agree and understand that you will be responsible for any activity that occurs through your account and further accept and agree that you and your Authorized Users:

1. 1. We are solely responsible for maintaining the confidentiality and security of your Account Information and account certificates, such as your username and password.
2. 2. May not share your account credentials and must restrict access to your computer and other devices.
3. 3. Must access the Service and our network, systems, or applications only through encrypted connections.
4. 4. Must maintain up-to-date OS (operating system) patching and active anti- malware on the end-user devices used to connect to the Service or our environment.
5. 5. Must ensure that all terminated employees or other users have access to the Service within 24 hours of termination.
6. 6. must notify us promptly (and in any event within 72 hours) of security incidents that could have implications for us (e.g,. users with compromised credentials or lost or stolen devices with access to the Service, compromised networks or systems including malware worm or ransomware, etc.).
7. 7. Will reach out to our vulnerability discovery program at help [email protected] if you suspect any vulnerabilities with our Service.

From time to time, Newbiznext may offer you access to Beta Services, which are optional for you to use. The Beta Services are not made generally available and may include bugs, errors, defects, or harmful ingredients. Beta Services may be subject to additional terms that may supplement but not substitute the terms of these Terms of Service. Newbiznext may terminate access to Beta Services at any time without notice and may terminate Beta Services at any time in its sole discretion. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETA SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY COMMITMENTS, INDEMNITY, OR WARRANTY BY

NEWBIZNEXT OF ANY KIND AND NEWBIZNEXT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE OR HARM ARISING FROM OR RELATED TO BETA SERVICES.

You may procure and use Third-Party Products in connection with the Service. You acknowledge and agree that if you or your users view, access, or otherwise interact with Third-Party Products, you or your users, as the case may be, do so at your own risk, and we have no liability arising from such access or use. You (and your users, as applicable) are accountable for complying with all terms, conditions, and policies imposed by a provider of a Third-Party Product. We cannot ensure the continued availability of integrations of Third-Party Products with the Service and may cease providing interoperation with a Third-Party Product without entitling you to any refund, credit, or other settlement, if, for example, and without limitation, the provider of a Third-Party Product ceases to make the Third-Party Product available for interoperation with the Service in a form sufficient to us.

You must use reasonable security precautions in connection with your use of the Services, including properly securing and encrypting Personal Data stored on or transmitted using the Customer Configuration. Customer Data is and at all times shall remain your exclusive property. Sinch Email will not use or inform Customer Data except as materially instructed to perform the Services or as required by law. The customer agrees not to provide Sinch Email or use the Services in connection with any sensitive personal data or protected health information or other information that can be deemed sensitive personal data or protected health information without getting Sinch Email’s prior written approval and entering into an individual agreement with Sinch Email governing the transmission of such information in connection with Customer’s use and benefit of the Services. You may not attempt to probe, scan, penetrate, or test the exposure of a Sinch Email system or network, or to breach the Sinch Email security or authentication measures, whether by passive or invasive techniques, without our prior written consent and entering into a different agreement with and acceptable to Sinch Email governing the scope, and including relevant regulations and requirements for any such penetration testing.

You acknowledge and understand that the Services may include the transmission of unencrypted email in plain text over the public internet. You are responsible for encrypting any Personal Data you use in intersection with the Services. Email sent using the Services may be unsecured, may be intercepted by other users of the public internet, and may be stored and announced by third parties (such as a recipient’s email service provider). Although Services include support for TLS, content may be transmitted even if the recipient does not also support TLS, resulting in an unencrypted transmission.

In the course of providing the Services under the Agreement, Sinch Email may process certain Personal Data on your behalf and in such cases, the Parties agree to comply with the terms in the Data Processing Agreement (“DPA”), that include the standard contractual clauses, and as may be amended from time to time; such DPA shall become part of the Agreement.

Your subscription is for the initial service term as specified in the Order Form and shall be automatically renewed for additional periods of the same duration as the initial service term unless either party requests non-renewal and/or cancels the subscription.

1. (i) at least thirty (30) days before the end of the then-current term for annual subscriptions or
2. (ii) prior to 11:59 p.m. Pacific Time on the day before your next recurring billing date for monthly subscriptions. Subscriptions are non-cancelable during the term specified in the Order Form.

The Agreement shall continue until terminated by its terms or the termination of the final Service Order, whichever is later.

Unless otherwise expressly stated in the appropriate Service Order, the term for self- service customers has an initial one-month term and will automatically continue at the end of the billing period unless either party provides the other with written notice of non-renewal at least thirty (30) days before the expiration of the then-current term.

Unless otherwise expressly stated in the relevant Service Order, the term for contract customers will be as outlined in the applicable Service Order and will automatically renew upon the expiration of the applicable term unless either party provides the other with written notice of non-renewal at least thirty (30) days before the expiration of the then-current term.

Notwithstanding the foregoing, unless otherwise stated in the Agreement, no automated renewal will be applicable for any SMS messaging packages that are due and payable in advance for the expected volumes, and all SMS messaging packages shall expire if not used before the extinction of the then-current term.

Either party may terminate the Agreement or the affected Service Order(s) for cause on written notice if the other party materially breaches the Agreement and, where the breach is remediable, does not remedy the breach within forty-five (45) days of the non-breaching party’s written notice describing the breach.

1. If following suspension of your Services for non-payment, your payment of any invoiced undisputed amount remains overdue for a further ten (10) days, Sinch Email may terminate the Agreement or the applicable Service Order(s) for breach on written notice.
2. Either party may terminate the Agreement and the Service Order(s) on written notice if the other enters into compulsory or voluntary liquidation, or ceases for any reason to carry on business, or takes or suffers any similar action which the other party reasonably believes means that it may be unable to pay its debts. Notwithstanding anything to the contrary in the Agreement, the fees for the Services shall become due immediately on such an occurrence.

Generally: Each party agrees not to use the other’s Confidential Information except in connection with the performance or use of the Services, the exercise of its legal rights under the Agreement, or as required by law, and will use reasonable care to protect Confidential Information from unauthorized disclosure. Each party agrees not to disclose the other’s Confidential Information to any third party except:

1. (i) to its Representatives, provided that such Representatives agree to confidentiality measures that are at least as stringent as those stated in these Terms of Service;
2. (ii) as required by law; or
3. (iii) in response to a subpoena or court order or other compulsory legal process, provided that the party subject to such process shall give the other written notice of at least seven days before disclosing Confidential Information unless the law forbids such notice.

Your email messages and other items sent or received via the mail service will include information that is created by the systems and networks that are used to create and transmit the message including information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information (“message routing data"). You agree that Sinch Email may view and use the message routing data for our general business purposes, including maintaining and improving security, improving our services, and developing products. In addition, you agree that Sinch Email may disclose message routing data to third parties in aggregate statistical form, provided that Sinch Email does not include any information that could be used to identify you.

Sinch Email collects and stores information related to your use of the Services, such as use of the Website, API, SMTP, and filtering choices and usage. You agree that Sinch Email may use this information for our general business purposes and may disclose the information to third parties in aggregate statistical form, provided that Sinch Email does not include any information that could be used to identify you.

The NewBizNext Data Processing Agreement is hereby incorporated by reference into these Terms. The parties shall comply with the terms of the NewBizNext Data Processing Agreement as it relates to all processing of Personal Information in connection with these Terms.

You acknowledge the collection, use, disclosure, and other handling of information, including Personal Information, described in our Privacy Policy, which we may update from time to time.

Our Service contains certain “co-operative” elements. This means that in exchange for providing the Submitted Data to us for use as described in Section 6(b) above, and potentially for the use of other customers through our Contributor Database (at our sole discretion), you will receive access to Output Data consisting of information that we hope is equally valuable to you. This in turn may amount to a “sale” of Personal Information under certain state statutes, and (depending whether you are subject to those statutes, which may depend upon your size or the nature of your business) such “sale” of information may require you to make certain disclosures or provide certain consumer “opt-out” or other rights. We may, in turn, provide you with materials or recommendations regarding these requirements. If we do so, you understand that these are purely advisory and are neither legal advice nor a substitute for legal advice. You, therefore, should consult counsel regarding requirements you may have under any such applicable law.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE (AND ALL OUTPUT DATA PROVIDED THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICE WILL OPERATE IN AN ERROR- FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (8) THAT THE SERVICE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE WILL ENFORCE THE TERMS OF SERVICE AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY US TO MODIFY THE SERVICE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS OF SERVICE. Some jurisdictions limit or do not allow the disclaimer of implied warranties. In such states, these warranties will be disclaimed only to the fullest extent permitted by law.

Notwithstanding any impairments that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount 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 significant 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.

These Terms of Service are the complete and exclusive understanding and agreement between us and you regarding the Service as well as the Submitted Data. These Terms supersede and replace any prior oral or written understandings or agreements between us and you regarding such topics (including, concerning the topic matter hereof, any non-disclosure or confidentiality agreement previously entered into between us), provided that any modification in an Order Form shall govern and substitute any inconsistent provision in these Terms.

The relationship between you and us is that of independent contractors, and nothing in these Terms of Service shall be construed to make or imply any other relationship (such as a partnership or an employer/employee or agency relationship).

We may transfer these Terms at our discretion. You may not assign, sublicense, or transfer these Terms (or our license presented to you herein) in whole or in part to anyone else.

If any provision of these Terms is selected by a tribunal to be invalid, illegal, or unenforceable, that decision will not affect the validity or enforceability of the remaining conditions of the Terms, and each provision shall be regarded as separated, detachable, and different from each other.

If we (or you) don't implement any part of these Terms, it won't be regarded a release. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being implemented.

Legal notices to us (including but not limited to termination notices) must be sent to help [email protected] or G7 rajworld, Opp. Green palladia canal road Surat, Gujarat India. We will send legal notices to you via a method of our choosing that is reasonably intended to provide such notice to you, including, without limitation, via the Service or to the email or other address you have provided to us.

The Agreement constitutes the complete and entire understanding between the parties considering its subject matter and supersedes and replaces any previous or concurrent term(s), agreement(s), or understanding(s), written or oral.