“Account” your account with us for the Services.
“Account Information” is information you supply in relation to your Account.
“Accrued Liability” when calculated at any given time, the total Fees, Taxes and ETC’s invoiced under the Agreement which remain unpaid, plus the unbilled but accrued Fees, Taxes and ETC’s.
“Affiliate” is an entity that directly or indirectly controls, is directly or indirectly controlled by, or is under common direct or indirect control with, a party. For purposes of this Agreement, “control” of any entity shall mean ownership of a majority of the voting equity interests or profit interests in such entities.
“Confidential Information” is all information disclosed (whether in oral, written, or other tangible or intangible forms) by a party to the other party concerning or related to the Agreement (whether before, during, or after the Term), which the receiving party knows or should know, given the facts and circumstances surrounding the disclosure of the information, is the confidential information of the disclosing party. Our Confidential Information includes, but is not limited to, the Agreement, our pricing, our intellectual property rights, and the Services.
“Claim” claim, action, demand, allegation, or proceeding brought or made by a third party.
“Compliance Rules” rules and restrictions (as updated by us from time to time) pertaining to the use of the Services including without limitation.
“Content” messages, information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials stored or transmitted via the Services in any medium.
“T&C Contract” is any T&C Contract to which these Terms of Service are attached or incorporated by reference.
“Resale Contract” is any Resale Contract to which these Terms of Service are attached or incorporated by reference.
“Credentials” names, passwords, and other information provided to you or created in accordance with our policies.
“Credit Balance” is a credit balance on a prepaid Customer’s account.
“Credit Limit” is the aggregate credit limit of all sums payable by you to us which is applied by us to your Account.
“Data” Account Information, Content, Personal Data, and any other information made available to us in connection with the use of the Services.
“Data Controller” has the meaning given to it in the applicable Data Protection Laws.
“Data Processor” has the meaning given to it in the applicable Data Protection Laws.
“Data Protection Laws” are the Relevant Laws relating to the collection, use, storage, or disclosure of information about an identifiable individual.
“Documentation” is the technical documentation made available to you by us regarding any portion of the Services, which includes without limitation the relevant Product Specification(s).
“ETC” the early termination charge, which unless specified otherwise in a T&C Contract, shall be 100% of any monthly Recurring Fees (where charges are billed monthly) for a Service (including but not limited to the minimum monthly fee) payable for the remainder of the Initial Term or Renewal Term, as applicable. For any Fees billed annually in advance, the ETC shall be 100% of the annual Fee.
“Fees” & “Pay as you go” are the charges payable for the Services including but not limited to Recurring Fees, Non-Recurring Fees, and One-Time Fees.
“Feedback” the ideas, suggestions, or recommendations on the Services provided by you.
“Fine” any and all fines, penalties, refunds, charges, debits, deductions, legal fees, and costs incurred by or other sums payable to a Service Provider or Regulator.
“Initial Term” in respect of a Service, is the minimum period (commencing on the Service Start Date), which you are committed to purchasing that Service. Unless detailed otherwise in a T&C Contract, the Initial Term of each Service shall be lower of the period/term selected by you for prepaid accounts or a minimum of 12 months for Credit Accounts.
“Losses” all losses, damages, liabilities, costs, expenses, fines, and penalties (including without limitation reasonable legal fees and costs).
“STPL” & “HelpyFinder™”, STPL refers to Sezlon Technologies Private Limited, and HelpyFinder™ is one of the trade products and services of STPL. The company was incorporated in India, with the company registration number (CIN) U51103DL2015PTC281834
“Non-Recurring Fees” includes but is not limited to usage-based fees and Service Provider pass-through fees.
“Applications, Devices, Numbers and Codes” Applications, Devices, numbers and/or codes which we make available for you to use as part of the Services, including (but not limited to), IOS Applications, Android Applications, Amazon Echo Smart Speakers, Google Home Smart Speaker, Apple Smart Speaker, Quick-Dial Numbers, Check-in Numbers, shortcodes, long numbers, sender ID and @XXX Unique identifiers,
“One-Time Fees” one-off fees, including but not limited to set-up fees.
“Personal Data” information about an individual that is defined as “personal data” or “personal information” in the applicable Data Protection Laws.
“Prior Agreement” is any other agreement you have entered into with us prior to the effectiveness of the Agreement, which governs your use of the Services or any part of them.
“Product Specification” is the document or documents setting forth our description of the Services, as provided (or otherwise made available) to you by us, which may also be referred to as a “Service Specification”.
“Recurring Fees” non-usage-based fees, including but not limited to minimum fees and lease fees.
“Regulator” is any regulator or other authority, voluntary or otherwise, to which a party is subject.
“Relevant Laws” any statute, regulation, bylaw, ordinance, or subordinate legislation which is in force for the time being to which a party is subject; the common law as applicable to the parties (or any one of them); any binding court order, judgment or decree applicable to the parties (or any one of them); and any applicable industry code, policy, guidance, standard or accreditation terms enforceable by law, which is in force for the time being, and/or stipulated by any Regulator to which a party is subject, in each case, for the time being.
“Renewal Term” in respect of a Service, is either the same length of time as the Initial Term for that Service or a newly selected term based on the pre-paid period selected with the first Renewal Term commencing upon expiry of the Initial Term and subsequent Renewal Terms commencing on expiry of each Renewal Term.
“T&C Contract” is the means through which you purchase Services, which means are determined by us, governed by the Agreement, and which shall come into force when accepted by us.
“T&C Contract Effective Date” is the date detailed in a T&C Contract, being the date at which it takes legal effect.
“Service Provider” any entity (including without limitation, a network, a mobile messaging aggregator or payment processor, that directly or indirectly provides a service to us or an Affiliate of ours) that is used in relation to the provision of any of the Services.
“Services” your use of and access to the platform, software, Documentation, and any services made available to you or as set forth on a T&C Contract.
“Service Start Date” in respect of any Services, the date upon which such Services are first made available for your use, as determined by us.
“Supplemental Terms” the Documentation, Compliance Rules, and any other terms governing your use of the Services.
“Taxes” applicable taxes, duties, and similar charges, including sales, usage, excise, and value-added taxes.
“Term” is the term of the Agreement, which commences on the date referred to in Section 5(a).
“Terms of Service” these terms of service.