TermsVersion Date: July 2021

These TERMS OF SERVICE (this "Agreement") is made between Digital India Tech Pvt Ltd, hereinafter referred "Digital India" as and you, or if you represent an entity or other organization, that entity or organization (in either case "You" or "Your"). Digital India provides certain services relating to the development, transmission, analysis, and management of bulk SMS (B2B), email messages, Voice services (the "Services") through the Web site located at thedigitalindia.com and such other sites as may be designated by Digital India Tech Pvt Ltd, each, the "Site" or collectively, the "Sites".

All access to and use of the Services available through the Site shall be subject to the terms hereof. If you desire to access and use the publicly available portions of the Services and the Site, You may do so only in compliance with the terms herein. If You have placed or later place an order (whether through the Site, by email, phone or otherwise) with Digital India seeking to access and use certain of the Services requiring registration, Digital India is willing to accept Your Order and provide You with access to and use of those Services only if You agree to the terms and conditions of this Agreement.

To the extent not otherwise provided herein, the Services are not available to persons under the age of 18 or who otherwise do not meet any other conditions contained in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. BY PLACING AN ORDER OR BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, Digital India IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ACCESS OR USE THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT.

This Agreement is effective as of the earlier of the date you first submit an Order relating to the Services or first access or use the Services or a Site (the "Effective Date"). This Agreement is in the following terms and conditions and each Order submitted by you and accepted by Digital India, each of which is incorporated in and made a part of this Agreement. Unless otherwise amended as provided herein, this Agreement shall exclusively govern your access to and use of the Services and the Sites and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding your access to and use of the Services and the Sites. Except as otherwise expressly provided herein, this Agreement may not be amended or modified except in writing signed by the parties hereto. All waivers hereunder must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Digital India reserves the right to modify or amend at any time the Site, the Services, or this Agreement by such a change or modification being made available on the Site or by any other notice to you. Any such change or modification shall be effective 30 days after posting on the Site or such other notice. To the extent applicable, you shall be deemed to have consented to such change or modification by your continued use of the Site or Services.

1. Definitions

Terms used in this Agreement shall be defined in this Agreement or, if not defined herein, shall have the plain English meaning as commonly interpreted within the United States.

2. Orders and Confirmation

All Orders placed by you shall be subject to the terms of this Agreement. Digital India shall confirm Your Order either through the Site at the time you submit Your Order or by providing you with access to the Services, each, a "Confirmation". In the event of inconsistency between the terms of any Order and the terms of any Confirmation of that Order, the terms of that Confirmation shall govern and control with respect to the Services provided to you. This Agreement will govern and control the terms of each Order and Confirmation issued under this Agreement. By accessing or using any of the Services, You agree to be bound by the terms of this Agreement and each applicable Order and Confirmation with respect to those Services.

3. Term

This Agreement shall be effective as of the Effective Date. If You have ordered a trial subscription to the Services or a subscription to any free Services, as indicated in an applicable Order or Confirmation, then the term of this Agreement shall continue for the period of the Trial/Free Subscription indicated in the applicable Order or Confirmation and shall thereafter expire unless You place an Order for a non-trial subscription to the Services prior to the completion thereof. If You have ordered a non-trial subscription to the Services, then the term of this Agreement shall continue for the initial period stated in the applicable Order or Confirmation for the Services and will thereafter automatically renew for successive additional periods of equal duration. Unless otherwise specified in any particular Order for or Confirmation of the Services, this Agreement shall continue for an initial period of 12 months from the Commencement Date and shall automatically renew at the end of the initial period or at the end of any successive additional 12-month period for successive additional 12-month periods. Unless terminated otherwise in accordance with the provisions herein, the term of this Agreement shall automatically renew provided You shall notify Digital India at least 30 days prior to the end of the current period that You do not want the Agreement to renew. In all other cases, the term of this Agreement shall continue until terminated as set forth herein.

4. Subscription

Subject to the terms and conditions of this Agreement, Digital India grants you a limited subscription during the term of this Agreement to access and use the Services subject to any Confirmations under this Agreement, solely for your own use in connection with your own business purposes. Your rights of access to and use of the Services are personal, nonexclusive, non-transferable, and nonsublicensable. You acknowledge that Digital India may, at any time, in its sole discretion, update, change, revise, suspend, or discontinue the Services in whole or in part—together with or without notice.

5. Access to The Services

Upon confirmation of your order by Digital India, rights granted to you under this Agreement entitle you to access the Services through accounts (each, an "Account"). You will be provided with a user identification and password applicable to each Account You have purchased (each such user identification and password, an "Account ID"). Each Account ID is personal in nature and may be used only by You or, if You are an organization, by designated employees within Your organization or contractors who are contractually required to comply with the terms of this Agreement (such individual, as applicable, the "User" of the Account). You are responsible for all use of the Services by each User and for compliance by each User with the applicable terms of this Agreement. You shall be responsible for the security and confidentiality of each Account ID and shall notify Digital India immediately if any Account ID is lost, stolen or otherwise compromised. You acknowledge that you are fully responsible for all costs, fees, liabilities or damages incurred through use of each Account ID whether lawful or unlawful and that any Services ordered or transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by you. Nothing in this Policy shall be deemed to impose any liability upon Digital India for such obligations or your failure to comply with such obligations. You will be solely and entirely responsible, on your own account, for arranging, installing and maintaining all hardware, software and other equipment as may be required by you and each User to connect to, gain access to and utilize the Services and the Sites.

6. Applicable Policies

Also governing your access to and use of the Site and Services are Digital India's then-current policies relating to the Site and Services, including, without limitation, the Digital India. It shall be your responsibility to comply with these policies and all other Digital India policies applicable to the access and use of the Services posted to the Site or provided through Services.

7. Software

Any software or other code available on or for download through the Site or Services ("Software") is subject to Intellectual Property Rights. Unless otherwise expressly provided in a license or other agreement separate from this Agreement that You may have entered (or may enter) with Digital India relating to any Software (each such license or other agreement, a "Software License Agreement"), Digital India grants you a limited, non-exclusive right, non-transferable, non-sublicensable, license to download, install and execute the Software in accordance with the instructions provided on the Site and solely for your own business purposes in connection with Your access to and use of the Services. Except as expressly provided in the foregoing sentence, no licenses or other rights, whether by implication, estoppel, or otherwise, in or to any Software or any IPR therein or related thereto are granted to You, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of Digital India. Except as expressly set forth herein, any Software License Agreement shall govern in the event of a conflict between the terms of this Agreement and that Software License Agreement.

8. Third-Party Services

The Services may incorporate services developed, provided, or maintained by third-party service providers ("Third-Party Services"). In addition to the conditions set forth in this Agreement, Your access to and use of any Third-Party Services shall also be subject to any other agreement separate from this Agreement to be entered into by you with respect to those Third-Party Services. The terms of any Third-Party Service Agreement shall also apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to the terms of this Agreement. In case of any conflict between the terms and conditions of this Agreement and a Third Party Service Agreement, the latter shall prevail except to the extent that agreement restricts the rights granted to Organizational Users hereunder. All other Third Party Services will be governed by the terms of this Agreement. Third Party Services may be subject to additional Fees as set forth on the Site. Notwithstanding anything to the contrary in any Third Party Services Agreement, Digital India reserves the right to change, modify or discontinue any Third Party Service at any time and without notice to you. Except to the extent expressly provided in these Terms or any Third-Party Service Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Third-Party Services.

9. Restrictions

You hereby acknowledge that the Services, Sites, Software, and the databases, software, hardware, and other technology used by or on behalf of Digital India to provide the Services and operate the Sites, and their structure, organization and underlying data, information and source code constitute valuable trade secrets of Digital India. You will not, and will not permit any third-party to: (1) access or use the Services or the Sites, in whole or in part, except as expressly provided in this Agreement; (2) use the Site, Services or any Software to harvest or collect email/SMS/VOICE addresses or other contact information of third parties by any means for the purposes of sending unsolicited email/SMS/VOICE or other unsolicited communications; (3) use the Site, Services or any Software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services; (4) use automated scripts to collect information from or otherwise interact with the Site, Services or any Software; (5) use the Site, Services or any Software to intimidate or harass any other people or entities; alter, modify, reproduce, create derivative works of the Services, Technology, or any Software; (6) distribute, sell, resell, lend, loan, lease, license, sub-license or transfer any of Your rights to access or use the Services or any Software, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Services or any Software, or access thereto, available to any third-party; (7) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Site, Services, Technology or any Software; (8) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Sites, Services, Technology, or any Software; or (9) interfere in any manner with the operation or hosting of the Sites, Services, Technology or any Software, or attempt to gain unauthorized access to the Sites, Services, Technology or any Software. (10) You shall not attempt to probe, scan, or test the vulnerability of a Digital India system or network, whether in passive or intrusive techniques, or to breach the Digital India measures of security/authentication. You shall not permit access to or use of the Services by anyone other than authorized Users, and such use shall be strictly in accordance with the terms, conditions, and restrictions set forth in this Agreement.

10. Fees And Payment

"You hereby agree to pay all fees on the Site or through the Services referred to in the Order or Confirmation and any fees otherwise specified on the Site or through the Services ("Fees"). All Fees shall be billed as per the indication in each Order or Confirmation. If there is no other specific billing terms mentioned in the relevant Order or Confirmation, the initial payments of fees stated in the Order or Confirmation for each period in your subscription will be due and payed by you in advance on or before the Effective Date and again on or before the completion of each subsequent period as per the terms this Agreement. By disclosing your bank account to Digital India, you authorize the company to collect all fees from the said account. All the auctionable fees will not be returnable once they have been paid to Digital India (not even in case of termination or suspension of this Agreement). In case the client's bill is unpaid for both 30 days and more, Digital India holds the right to on-hold the provided Services until customer settles all due amounts and penalties.

If Digital India needs to use collection agencies, attorneys, or the courts of law to collect money on your account, you will be responsible for those costs. You will be responsible for all use, sales and other taxes imposed on the Services provided under this Agreement.

11. Termination

The right of terminating this Agreement may be exercised by Digital India at any time, totally at Digital India's discretion: (1) if you violate this Agreement and still ten (10) days have passed after Digital India has written and informed you of the violation; or (2) at any time during any Trial/Free Subscription, for any reason or no reason, upon notice to You. However, Digital India possesses the right to terminate this Agreement with you but they may immediately and permanently suspend any of Your access to the Sites or Services, with or without notice to You, if proven, threatened or suspected of any violation of this Agreement or relevant law, or any other act that is impolite or injurious to Services by Digital India has been committed. If this agreement is terminated or expires for any reason: (a) You will no longer have any rights or subscriptions granted to You under this Agreement; (b) You will immediately cease all use of and access to the Sites and Services; (c) all Fees then owed by You will become immediately due and payable; (d) You will immediately either return to Digital India or, at Digital India's discretion, destroy the Digital India Content, Account IDs, Digital India Confidential Information, and other information related to this Agreement in Your possession or control; and (e) Digital India may erase any of Your Content kept by Digital India within 10 days since the termination date. The following will be the provisions that will remain valid in case this Agreement is terminated: Sections 6 (Applicable Policies), 9 (Restrictions), 10 (Fees and Payment), 11 (Termination and Suspension), 12 (Ownership), 14.3 (Warranties and Disclaimer: Disclaimer), 15.2 (Indemnity: By You), 16 (Limitation on Liability), 17 (Data Privacy), 18 (Confidentiality), 21 (Disputes), 22 (Governing Law) and 23 (General).

12. Ownership

Digital India reserves all the rights like the property, the services, the technology, Digital India Content (as is known below), the Software, and the improvements, the updates, and the modifications loaded to it, all versions including those of the Software, and all thereof needless. That you are aware of not getting any distributive right into the ownership of those is the principle that you are asked to admit, and that is why the terms of the Agreement are personal. The Digital India word, the logo and also the names of the items are the services that Digital India holds the rights to by the trademark agreements with its third party suppliers and you are issued none to them. Digital India grants to you through this Agreement the right and license to access and use the Digital India Services and the content that is theirs thereto, including the http://www.digitalindia.gov.in that has become the subject to the website hosting agreement with the Agency. Generated Content means any content that is created and/or added from within the Site by the user for the purposes of this Agreement, and it includes IP addresses, CPU load, and traffic ratio.

13. Digital India Content

There shall be some contents such as data, materials, and other than the services and the website which you shall be able to access (“Digital India Content”). The other the site is silent, the Digital India Content shall be the property of the Digital India constituting the main difference between You and Digital India. Subject to these conditions, each User may: (a) obtain the Digital India Content (without any changes) only for Your business reasons which would be included in the Services; and (b) provide the Digital India Content to (without any changes) to the emails/SMSs/VOICE generated and sent by You through the Services. You will not do anything in this Agreement, and you will not let any User: (i) alter, modify (or reproduce), or create derivative works of the Digital India Content; (ii) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer the Digital India Content, including, without limitation, providing outsourcing, service bureau, commercial hosting, application service provider, or online services to third parties; or( iii) alter, hide, or remove any copyright, trademark, or any other notices that are provided on or in connection with the Digital India Content. The Digital India Content consists of some other third party services or it is based on the data, information and content from independent third-party providers (“Third-Party Content”). Digital India shall adopt the necessary measures reasonably made that are likely to ensure that the Third-Party Content is reliable. However, Digital India does not have any independent authority to dispute or validate the accuracy or nothingness of the information. In this regard, Digital India will not stand to account for the deceptive Third-Party Content transmitted through the Services.

Your Content. All data, information and other content that You or any of Your Users through the Services provide, including, without limitation, all personally identifiable information relating to You or any of Your Users, customers, service providers, employees, contractors or agents (“Your Content”) shall be the subject of Your responsibility. Digital India will have all required entitlements and licenses in and to Your Content in order to enable it to fulfill its obligations under this Agreement. You and Digital India, you sensibly keep your right of ownership in your content and do not in any way give any proprietary interest to Digital India other than the licenses stated herein. You state and guarantee that no part of Your Content breaches the email /SMS/VOICE Policy or Privacy Policy or this Agreement. You make a regular back-up of all Your Content which will be entirely your responsibility, and Digital India assumes no responsibility or liability for any deletion, rectification, destruction, damage, loss or failure to notify or back-up any of Your Content. Digital India shall take corrective action if any of Your Content breaches this Agreement, however, Digital India is not bound to check any of the content for material accuracy or possible legal responsibility. You also acknowledge and warrant Digital India that you have the right, title, interest and consent to allow Digital India to use Your Content for the purposes you provide to Digital India, including, without limitation, the delivery of any and all email /SMS/VOICE and other communications. You will resolute, reimburse and keep Digital India from any and all losses, costs, damages, liabilities or expenses (including without limitation reasonable attorney’s fees) incurred or arising from any claim by third-party owners or as a result of the usage of Your Content by Digital India in providing the Services.

14. Warranties and Disclaimer By Digital India

For all Services provided in a Trial/Free Subscription, Digital India gives a guarantee and warrant that Digital India will make all commercially reasonable efforts to monitor and ensure that the proper functioning of the Services, is in compliance with the current Agreement. Notwithstanding the foregoing, You are the only one responsible for compliance with international, federal, state and local treaties, rules, laws, regulations or ordinances or the Site or Services or business, product or service in any warranty of indemnity for Digital India from any claims relating to rights or omissions, whether true or false, by You in connection with your access to or use of the Site or the Services or data privacy and the sending of electronic mail messages, whether solicited or unsolicited and digital.

By You. You declare, affirm, and promise for the benefit of Digital India that: (1) the legal capacity and authority to enter into this Agreement is vested in You and if You’re entering this Agreement for a company or other entity, it means that You have the power to bind such company or entity in accordance with its terms; (2) it is Your duty as per the contract to fulfil Your obligations under it and grant any rights plus licenses which are described herein as well as those that may apply to any additional agreement entered into by You regarding Services; and (3) all - including those before mentioned - including data belonging previously mentioned above are true until date when Digital India received them through this agreement concerning access to Sites as well as utilization Services associated with them.

Disclaimer. THE SITES, SERVICES AND ANY OTHER DIGITAL INDIA CONTENT ARE SUPPLIED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS STATED OTHERWISE IN SECTION 14. Digital India AND ITS SUPPLIERS HEREBY DISCLAIM TO ANY KIND OR TYPE OF WARRANTY OR REPRESENTATION WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING ANYTHING CONTAINED IN THIS AGREEMENT INCLUDING WITH NO LIMITATION OF ANY KIND ON MERCHANTABILITY, TITLE OR NON-INFRINGEMENT RIGHTS. DIGITAL INDIA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS MAY NOT ADD TO THE WARRANTIES SPECIFIED HEREIN THROUGH ANY VERBAL OR WRITTEN INFORMATION OR ADVICE.

15. Indemnity

Powered by Digital India. Digital India will, at its own expense, defend you against any third-party claims that your use of the Services under this Agreement infringes any of their copyrights, trade secrets or trademarks. It is a condition of Digital India’s above responsibilities under Section 15 that you provide it with: (a) notice of such claim within 10 days from receiving written notice thereof; (b) exclusive control over such claims defense and settlement; and (c) reasonable assistance (at Digital India’s expense) in the claims defense and settlement process. If You are, or Digital India reasonably believes You may be, enjoined from using the Services, Digital India, at Digital India's option and expense, may procure the right for You to continue using the Services, replace or modify the Services so that they become non-infringing, or provide You a refund of all pre-paid amounts applicable to such Services (if any) and terminate this Agreement with respect to such Services. This Section 15.1 sets forth the entire liability of Digital India and Your exclusive remedy with respect to any infringement or misappropriation of third-party IPR by or through the Site, Services, Technology, Digital India Content or any Software.

By You. You hereby agree to indemnify, defend and hold harmless Digital India and its affiliates and its employees, agents, contractors, assigns, licensees, and successors in interest ("Indemnified Parties") from and against any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or use of the Site, Services, Software, Your Content, Digital India Content, any email /SMS/VOICE or other communication generated or sent through the Services, or any breach of this Agreement. Upon your becoming aware of any such claim or allegation, digital India shall provide you with notice, and digital India shall have the right to participate in the defense of any such claim at its expense.

16. Limitation On Liability

IN NO EVENT SHALL DIGITAL INDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITES, SERVICES (OR ANY DIGITAL INDIA CONTENT PROVIDED THROUGH THE SITES OR SERVICES), EVEN IF DIGITAL INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE AGGREGATE LIABILITY OF DIGITAL INDIA ARISING IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID TO DIGITAL INDIA HEREUNDER DURING THE 1 MONTH PERIOD PRECEDING ANY SUCH FIRST OCCURRENCE OF LIABILITY (OR, IF NO SUCH FEES HAVE BEEN PAID, $10). YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT DIGITAL INDIA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, DIGITAL INDIA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Data Privacy

Upon your use of the site and services and with respect to any personally identifiable data and other information that you send to Digital India via the site and services, you hereby consent to the use and disclosure of such data and information as described in Digital India's then-current privacy policy available on the site ("Privacy Policy"). Notwithstanding anything to the contrary in the privacy policy, Digital India shall have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from your use of and access to the site and your use and operation of the services. To the extent that Digital India collects or generates any such non-personally identifiable data or information, all such data and information shall belong solely to Digital India and may be used by Digital India for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You, any User or customer, or any other entity or natural person as the source thereof.

18. Data Archiving, Retention & Destruction Policy

During the contract period, Digital India shall retain Personally identifiable information (PII), which is limited to the email address (es),SMS and voice sent on Mobile numbers for delivering emails on behalf of the customer to the intended recipient(s). Digital India shall retain this PII data for not more than 90 days from the date of transaction, post which, the email addresses will automatically get purged.

Digital India shall retain usage data and summary of information, for billing, audit, service improvements and responding to the customer’s queries. It is abundantly clarified that for billing, the count for the number of “emails/sms/voice sent” will only be verified against the counts available on the Digital India platform, which is available from the service start date to the current period.

19. Confidentiality

"Confidential Information" means any non-public information disclosed, rendered available, or provided, under this Agreement, concerning the Technology, the provision or receipt of Services, or the technology, finances, operations, customers, or business of either party—whatever is applicable to this Agreement. For the avoidance of doubt, (1) the Services, Technology, and Digital India Content are the Confidential Information of Digital India, (2) all data regarding Your email/sms/voice recipients, actual, customer, including without limitation, identities and email/mobile addresses are your Confidential Information, and (3) the data and information specified in Section 17 will not be Your Confidential Information. Each party will use the same degree of care that it employs with respect to its own Confidential Information, but in no event less than reasonable care, to prevent the disclosure of the other party's Confidential Information to any third party. Each party agrees that, if not expressly directed by the other party, at all times during the term or after termination of this Agreement, it shall not: 1. Disclose any Confidential Information to any third-party; or 2. Allow any third-party to inspect or copy any reports, documents, or electronic data that contain Confidential Information; or 3. Use or prepare other work products from the Confidential Information for a purpose other than for this Agreement. Either party may disclose Confidential Information to its employees who reasonably need the Confidential Information for work performed under the Agreement, but only to the extent that they are informed about and shall be bound by the obligations of confidentiality stipulated in this Agreement. If either party is required to disclose the other party's Confidential Information pursuant to any statute, regulation, order, subpoena or document discovery request, it will furnish written notice of such disclosure to the other party as soon as practicable in order to afford such party the opportunity to seek a protective order and the party required to make such disclosure will reasonably cooperate in such efforts (at the other party's reasonable expense). In the event that the terms of this Section 18 are inconsistent with the terms of the Privacy Policy, the terms and conditions of this Section 18 shall govern.

20. Claims Of Infringement

As Digital India requires Users of the Site to respect the copyrights and other intellectual property rights of Digital India, its affiliates, and other third parties, conversely, Digital India respects the copyrights and other intellectual property rights of the Users of the Site and other third parties. In the event You have a good faith belief that Your copyrighted work has been reproduced on the Site without authorization in a manner that constitutes copyright infringement, You may notify our designated copyright agent by e-mail to info@thedigitalindia.com

Kindly provide the following information to Digital India's Copyright Agent:
• The identity and location of the infringed work, and of the allegedly infringing work;
• Your name, address, daytime phone number, and email address, if available;
• A good-faith belief statement, that use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
• The accuracy of the information in the notification;
• Under penalty of perjury, that you are authorized to act on behalf of the owner; and
• Your electronic or physical signature.

22. Governing Law

Third-Party Sites - The Site and communications sent through the Services may contain links to third-party websites not under the control of Digital India, and Digital India makes no representation concerning the content of any third-party site. If you follow a link to any of these third-party websites, you do so at your own risk. Digital India provides links only as a convenience, and the inclusion of the link does not imply that Digital India endorses or accepts any responsibility for the content on those third party sites. Digital India welcomes links to the Site. You may link to this Site, but only to the home page, and only if the link does not state or imply any sponsorship or endorsement of Your site by Digital India or any group or individual affiliated with Digital India. You are not permitted to use any Content or Marks on the Site for any purpose without the express written permission of Digital India. You may not frame or otherwise incorporate into another website the Content or other Materials on the Site without prior written consent.

21. Linked Sites

In any legal case to uphold rights under the Agreement, the winning party can recover its costs and lawyer fees. The laws of India or the United States will govern the Agreement regardless of choice or conflict of law rules. All legal actions related to the Agreement must be filed in Mumbai, India courts. For clients in the United States, any legal actions linked to the Agreement must be filed in Manhattan, New York, NY, USA courts.

Email/SMS/Voice Policy

Delivering emails to inboxes is our main job. We focus on supporting good senders and giving them rewards for following the best email practices by not charging them.

This policy ("Policy") covers all emails and other communications ("Email") created or sent through Digital India's services ("Services"). This applies whether you use the website at www.vmobi.in or valuemobi.in, or any other site run by Digital India or its resellers, distributors, or business partners (each, a "Site").

WHEN YOU CREATE OR SEND EMAIL/SMS/VOICE THROUGH THE SERVICES, YOU AGREE TO FOLLOW THIS POLICY.

DIGITAL INDIA MIGHT CUT OFF YOUR ACCESS TO AND USE OF THE SERVICES WITHOUT WARNING IF YOU FAIL TO FOLLOW THIS POLICY.

You must follow all applicable laws when using the Services. This covers laws that apply to you and also those that apply to Digital India and the people who get each Email/SMS/VOICE. Laws about spam or unwanted commercial email/SMS/Voice, privacy, security, obscenity, defamation intellectual property, pornography, terrorism, homeland security, gambling, and child protection are some examples. Applicable laws also include rules and regulations based on where the sender and/or receiver of the email/SMS/VOICE are located. These include, but are not limited to, GDPR, the United Kingdom's Data Protection Act, the United States of America's CAN-SPAM, and Canada's Anti-Spam Legislation (CASL). You have the responsibility to know and understand the laws that apply to your use of the Services and the Emails/SMS/VOICE you create and send through them.

Your use of the Services must comply with the terms of service applicable to the Services (“TOS”). This Policy is part of and incorporated into the TOS applicable to the Services. Click here for our Digital India TOS. It is your responsibility to read and understand the TOS applicable to your use of the Services and the Emails/SMS/Voice you generate and send through the Services.

Your use of the Services must comply with the privacy policy applicable to the Services (“Privacy Policy”). Please see the Digital India Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Services and the Emails/SMS/Voice you generate and send through the Services.

You shall comply with all applicable anti-corruption and anti-bribery laws, as may be applicable from time-to-time under these TOS (“Anti-corruption Laws”) and ensure that You, your employees, officer, directors and affiliates shall also comply with the same. You shall not do any act in breach of the Anti-corruption Laws that would in any way be against Our interest. If You violate any Anti-Corruption Laws, We have the right to terminate the Services immediately and take any other action allowed by law without notice.

In using the Services, You shall comply with all applicable guidelines established by Digital India.

Examples of practices that would violate this Policy when sending or generating Email/SMS/VOICE using the Services include, but are not limited to, the following:

Sending Email/SMS/VOICE to a list if all recipients on the list have not submitted an affirmative "opt-in".

1. Using harvested, purchased, or rented Email/SMS/VOICE lists.
2. Sending Email/SMS/Voice on behalf of purchased or rented Email list.
3. Using third party mail servers, or addresses and / or domain names not controlled by You.

• Sending an email /SMS/VOICE to unspecified or common distribution list email /SMS/VOICE addresses (e.g., webmaster@domain.com or info@domain.com).
• Sending an email /SMS/VOICE that results in in an unacceptable number of spam or UCE complaints, even if the Emails in question are not actually spam or UCE.
• Failing to offer a functioning “unsubscribe” link in every email /SMS/VOICE and to follow any request from a recipient to have his or her email address removed from your mailing list within ten days of the request or within the time period specified in the governing local legislation.
• Failing to include in every email /SMS/VOICE your valid physical mailing address or a link to that information.
• Any action by a user that directly results in our IP space being listed on an abuse database (i.e., Spamhaus);
• Mischaracterizing the origin or content of any Email or falsifying or manipulating the originating email address, subject line, headers or transmission path information for any Email.
• Containing “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards or other incentives).
• knowingly, intentionally or recklessly introducing any virus or other contaminating code into the Services; Offensive Content – You may not publish, transmit or store on or via the Services any content or links to any content that Digital India reasonably believes:
• Constitutes, depicts, fosters, promotes, or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
• Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person's safety or health, public safety or health, compromises national security or interferes with an investigation by law enforcement;
• Could reasonably be considered, defamatory, malicious, fraudulent, morally repugnant, or invasive of a person’s privacy.
• Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to the Company. We have a zero tolerance for spam and abuse. This document is an expansion of the Code of Acceptable Use Policy (the “Policy”) applicable to the use of the digitalindia.com services. We reserve the right to change or amend this policy at any time. In addition, Digital India has determined that certain types of mail generate higher than normal abuse and complaints. In order to protect the reputation of our network and to maintain the high deliverability rates for all of our customers, we are unable to provide service to organizations in the following industries:

• -Pay day loan
• -Affiliate marketers
• -Multi-Level Marketing
• -Penny stocks/pink sheets
• -Currency trading/FOREX/Crypto
• -Recognized hate groups of any kind
• -email /SMS/VOICE Data Broker or email /SMS/VOICE List purchasing
• -Work from home or make money online opportunities
• -Any other generally illegal activities
• If you know or suspect any violations of this Policy, please notify Digital India at info@thedigitalindia.com , Digital India will determine compliance with this Policy in its sole discretion.