The usage of the Website (as defined hereinafter) provided by Konceptwise Digital Media Pvt. Ltd., a company incorporated under the laws of India and with its registered office at 601A,B & 602, 6th Floor, SHLOK INFINITY, Opp. Viswakarma Mandir, Main Road, Chandlodiya, Ahmedabad, Gujarat, India, 382481 (“Authyo”) or any services provided by Authyo through the Website shall be governed by these terms and conditions (“Terms of Service or Terms”).
These Terms of Service are effective as of 11th January, 2025, and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Terms of Service at any time and you should check these Terms of Service periodically. Your continued use of the Service after we post any modifications to the Terms of Service on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms of Service. If we make any material changes to these Terms of Service, we will notify you either through the email address you have provided us or by placing a prominent notice on our website.
In these Terms of Service, the term “User” refers to you, the Person or entity who has availed the Authyo Services and shall include any contractors and other Persons using the Website and who has availed Authyo Services. It is clarified that in case of a company, partnership, trust or any other legal entity which uses the Website or Authyo Services, “User” shall include such company, partnership, trust or any other legal entity. Authyo offers the Website and Authyo Services conditioned upon the User’s acceptance of these Terms of Service.
Please note that by use of the Website and Authyo Services, the User also agrees to be bound by the additional terms and conditions and policies referenced herein and/or available by hyperlink, including without limitation Authyo’s Privacy Policy, and other policies of Authyo.
These Terms of Service apply to all users of the Website and any users of the Authyo Services and any services provided by Authyo, except as may be specifically agreed otherwise in writing. Any new product or services provided by Authyo, or any new features or tools which are added to the application, website or platform shall, unless specifically stated otherwise, be subject to these Terms of Service.
Please read these Terms of Service carefully before accessing or using the Website or the Authyo Services. By accessing or using any part of the Website or by the use of Authyo Services, the User agrees to be bound by these Terms of Service. If the User does not agree to all the Terms of Service, then the User may not access the Website or use of Authyo Services. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.
The User can review the most current version of the Terms of Service at any time on this page. Authyo reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Authyo Services or the Website. It is the User’s responsibility to check this page periodically for changes. Following the posting of any changes, the User’s continued use of or access to the Authyo Services or the use of the Authyo Services, constitutes acceptance of such revised Terms of Service.
1. Other applicable terms
These Terms of Service refer to, incorporate, and include the privacy policy of Authyo available here which sets out the terms on which Authyo process any personal data Authyo collects from the User, or that the User provides to Authyo.
2. About us
Authyo provides services which can be availed by the User through the Order Form signed between the User and the Authyo.
3. Our responsibility
Authyo may provide links to the sites of such companies that provide services through the website operated by Authyo and may enable a User to communicate with such Persons. If a User transacts or deals with any other User or such Person, the User is transacting or dealing with directly from those third parties and not Authyo. Authyo is not responsible for examining or evaluating, and we do not warrant, the offerings of, or the actions of any such Persons. Authyo does not assume any responsibility or liability for the actions, product, materials, items and content of all these and any other third parties and does not assume any liability for any misconduct of such persons. In case of any misconduct or improper behaviour of any such Person, the User is requested to report the same promptly to Authyo.
4. Definitions
Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:
Confidential Information means any information concerning the business affairs, pricing, details of the customers, clients or suppliers of the User or Authyo or the other clients, all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secrets, as applicable.
Governmental Authority means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange
Fees means the fee payable for the use of the Authyo Services, as specified by Authyo in the Order Form.
Intellectual Property Rights
A. Patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in knowhow and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world
B. Rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a)
C. Rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist
D. The right to sue for past infringements or any of the foregoing rights
Person shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
Order Form shall mean the order form setting out inter alia the terms of the provision of the Authyo Services to the User
Authyo Services means the software as a service provided by Authyo and availed by a User under an Order Form
Website means the website operated by Authyo
5. Changes to these Terms
We may update these Terms, the DPA or our policies. We will give at least 30 days' notice of material changes by email or in the Authyo dashboard. If you do not agree, you may stop using the Services and close your account before the changes take effect. If you keep using the Services after that date, the updated version applies to you. For some changes, we may ask you to accept the updated version in the dashboard.
6. Accepting these Terms
You accept these Terms when you tick the acceptance box, or click a button that says you accept them, when you create your Authyo account or when we ask you to accept them later. If we do not show you an acceptance box or button, you accept these Terms when you create an Authyo account or use the Services after being shown a link to them. If you accept on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation. You must be at least 18 years old to use Authyo.
7. Grant of licence
7.1: Subject to the Terms of Service and the Order Form, Authyo grants to the User a personal, conditional, limited, revocable, non sub-licensable, non-assignable, non-transferrable, non-exclusive, license to use and access Authyo Service along with the User’s mobile application, website and any other medium compatible with the Authyo Service and availed by the User, solely for the purpose of verifying a customer mobile number over the internet through the ‘WhatsApp’ mobile application, only during the term as mentioned in the Order Form and in the territory for which Authyo Service has been availed (“License”).
7.2: The User agrees that Authyo shall, at all times, be the legal and beneficial owner of all Intellectual Property Rights in connection with the Authyo Services. The Terms shall not be deemed to confer upon the Customer any further or greater rights in the Authyo Service or any related Intellectual Property Rights.
8. Conditions for use
8.1: By agreeing to these Terms of Service, a User (which such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms of Service. The User represents and warrants that the User has the full power and authority to accept the Terms of Service, access the Website or use the services provided by Authyo, under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. Where the Services are availed by a company, partnership or any other legal entity, the User represents and warrants that the entity has the full power and authority to accept the Terms of Service and such Terms of Service shall bind such company, partnership or any other legal entity, as applicable.
8.2: In case Authyo alters or amends the eligibility criteria to be registered for accessing the Website or Authyo Service, as required under Applicable Laws, or receiving services of Authyo and the User no longer complies with the new eligibility criteria, as determined by Authyo in its sole discretion, the User accepts that Authyo may restrict or suspend the access to the Website or receiving services of Authyo without any liability for Authyo. The User is solely responsible for ensuring that the User is in compliance with these Terms of Services.
8.3: The User shall ensure that there are proper encryption and security measures at its respective desktop, mobile device or other device used to access the Website or Authyo Service to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.
8.4: The User may not use the Authyo Services or the Website for any illegal or unauthorised purpose nor may the User, in the use of the Authyo Service, violate any Applicable Laws (including but not limited to copyright laws).
8.5: The User shall not, and shall ensure that none of its agents, employees and representatives:
a) Use the Authyo Services for any purpose other than for User’s internal business purposes;
b) Transfer, sub-license, sub-lease or allow access to, the Authyo Service, to any third party or create any rights in favour of a third party in respect thereof;
c) Access or attempt to access the source code of the Authyo Services;
d) Introduce any malicious codes or harmful files or programs into the Authyo Service; and use the Authyo Service for any unlawful purposes.
8.6: The User shall at all times comply with all Applicable Laws.
8.7: In the event of expiry or termination of the Order Form, for any reason whatsoever, the License granted to the User shall immediately terminate and the User shall cease all use and access of the Authyo Service.
8.8: Authyo shall not be liable for any refund of the fees already paid by the User for availing Authyo Services. Termination of the Order Form shall not discharge the User from the payment of any accrued and unpaid fees
8.9: Termination of the Authyo Services shall not release the User from any liability which at the time of termination has already accrued or which thereafter may accrue in respect of any act or omission prior to such termination.
9. Payment of Fees
9.1: The User agrees and undertakes to pay the Fee for the License availed by the User as mentioned in the Order Form. The User agrees and accepts that Authyo has arrangements with banks, financial institutions and payment processors for the collection of the Fees and the User shall strictly adhere to the terms of such banks, financial institutions and payment processors with respect to the payment of Fees. In case Authyo is unable to collect the Fees from the User for any reason whatsoever, including, without limitation, on account of any technical malfunction, the User agrees and undertakes to promptly pay the Fee to Authyo. In case of the non-payment of the Fees, Authyo reserves the right to discontinue the Authyo Services and restrict the User’s access to the Authyo Services.
9.2: The User agrees to promptly update the User’s account and other information required by Authyo, including the User’s email address, mobile number, personal details, and details of a User’s payment instrument, in connection with the provision of the services by Authyo. The User undertakes to provide all such information, documents, and data as may be required or instructed by Authyo for the use of the services provided by Authyo.
9.3: After the expiry of the term mentioned in the Order Form, Authyo shall be entitled to charge further fee for the License granted to the User as may be agreed between the User and Authyo.
10. Restrictions on the use of the the Website and Authyo Services
10.1: The User shall not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Authyo Services, the Website, or any component or content thereof, available to any third parties prior the prior written consent of Authyo.
10.2: The User shall not circumvent or disable any digital rights management, usage rules, or other security features of the Website or Authyo Service; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the the Website or Authyo Service; and not use the the Website or Authyo Service in a manner that threatens the integrity, performance, or availability of the Website or the Authyo Services.
10.3: Without limiting the foregoing, the User agrees that the User shall not use the the Website or the Authyo Service to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
a) That the User does not have a right to make available under any law or contractual or fiduciary relationship, unless the User owns or controls the rights thereto or have received all necessary consents for such use of the content.
b) Is defamatory, vulgar, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force
c) Is harmful to minors and children
d) Infringes patent, trademark, copyright or other proprietary rights or intellectual property rights of any person or entity
e) Violates any applicable law, regulation or generally accepted practices or guidelines in India
f) Deceives or misleads any other user of the Website or Authyo Services, Authyo or any other person the origin of any messages on the Website or Authyo Service or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact
g) Impersonates any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity
h) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation
i) Contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website or Authyo Services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent
j) and is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
10.4: Without limiting the foregoing, the User agrees that the User shall not
a) Decompile, reverse engineer, or disassemble the Website or Authyo Service or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or Authyo Service, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website or Authyo Services
b) (i) Use the Website or Authyo Services for commercial purposes of any kind except as permitted by Authyo, or (ii) advertise or sell the Website or Authyo Services or any services of Authyo or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (iii) use the Website or services of Authyo in any way that is unlawful, or harms Authyo or any other person or entity as determined by Authyo
c) Engage in any activity which would interfere with any other person’s use or enjoyment of the Website or Authyo Services including engage in disruptive attacks such as denial of service attack on the Website or Authyo Service
d) Access or use the Website or Authyo Service in any manner that could damage, disable, overburden or impair any of the servers or the networks of Authyo
e) Disrupt or interfere with the security of, or otherwise cause harm to, the Website or Authyo Service, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected
f) Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website or Authyo Service, to access, acquire, copy or monitor any portion of the Website or Authyo Service or the website operated by the Authyo, or in any way reproduce or circumvent the navigational structure or presentation of the Authyo Service or the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website or Authyo Service or the website operated by the Authyo
g) and Use the Website or Authyo Services for purposes that are not permitted by: (i) these Terms of Service; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
10.5: The User shall not use the Website or Authyo Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of Authyo, its partners or violate the Terms of Service.
11. Authyo’s rights
11.1: Authyo reserves the right to suspend/discontinue the Website and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following
a) For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.
b) For any suspected discrepancy in the particular(s), documentation or information provided by the User
c) To combat potential fraud, sabotage, willful destruction, threat to national security, for any other force majeure reasons etc.
d) If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
e) If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations
f) If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner.
g) If the User indulges in any abusive or aggressive or threatening behaviour or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of Authyo or any other User
h) and If Authyo believes, in its reasonable opinion, that cessation/ suspension is necessary
12. Accuracy of information
12.1: Authyo is not responsible if information made available on the Website (including any information in relation to the Authyo Services) is not accurate, complete or current. The material on the Website and the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information.
12.2: The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. Authyo reserves the right to modify the Website at any time, but Authyo has no obligation to update any information about the Website. The User agrees that it is the User’s responsibility to monitor changes to the Website or any other information provided by Authyo.
13. Warranties
No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Authyo Services. While Authyo may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to its products/services, Authyo does not warrant that It’s Services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that products/services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. Authyo provides the Website access to the the services of Authyo and other products/services an “as is”, “where is”, “with all faults” basis.
ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE WEBSITE AND AUTHYO SERVICES OF THE COMPANY.
14. Exclusions of liability
14.1: Notwithstanding anything to the contrary, Authyo, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for
a) Any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use the Website or Authyo Services or reliance on those, howsoever caused and regardless of the form of action (including tort or strict liability)
b) Any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
c) Any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access the Website, or the services of Authyo.
14.2: Authyo shall not be liable for any inconvenience, loss, cost, damage or injury suffered by the User or any third Person arising from or caused by
a) Act or omission of any third party including but not limited to any participants, interviewers or any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; and
b) Theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details and password, hardware.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL THE COMPANY OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, WEBSITE, AUTHYO SERVICES, OR ANY REFERENCE SITE, APP, PRODUCTS OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE WEBSITE, OR OTHER PRODUCTS OR SERVICES OF THE COMPANY OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH THE COMPANY; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS INR 1,000, OR ANY LOWER AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LESS.
14.3: Authyo shall make all best efforts to provide uninterrupted services subject to down time and regular maintenance Notwithstanding anything in these Terms of Service, the User acknowledges that the Website or Authyo Services provided may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. Authyo shall adopt all such best technical and non-technical security measures that it considers are appropriate and are the same as that is prevalent in the industry, however Authyo does not guarantee that such security measures cannot be subverted to gain unauthorized access. In the event of interruption to the Website or Authyo Services or loss of use and/or access, Authyo shall use best endeavors to restore access as soon as reasonably possible.
14.4: Authyo is not responsible for any information or content uploaded by any User on the Website.
15. Third party services
15.1: Authyo provides the User with access to third-party tools and services and certain content, products and services available by Authyo may include materials from third-parties which Authyo neither monitors nor have any control over. Third-party links on the Website may direct the User to third-party websites that are not affiliated with Authyo.
15.2: The User acknowledges and agrees that Authyo provides access to such links, website, tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement and Authyo does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of third-parties.
16. Intellectual property
16.1: All Intellectual Property Rights in the Website and Authyo Services belong to Authyo and Authyo shall remain the sole and exclusive owner of the Website and all Intellectual Property Rights relating thereto. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. Authyo retains ownership of all rights, title to, and interest in any and all Intellectual Property Rights developed, owned, licensed or created by Authyo.
16.2: No part or parts of the Website or Authyo Services may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without Authyo’s prior written permission. The User may view, print or use Authyo’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
16.3: The User shall not claim any rights or interest in the Intellectual Property Rights of Authyo or its partners, or in connection with any other services, features or product offered by Authyo to the User. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of Authyo (including without limitation any Intellectual Property Rights licensed to Authyo by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling,
decompiling and reverse engineering include, without limitation:
a) Converting the IP Property from a machine-readable form into a human-readable form.
b) Disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof.
c) Examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs.
d) Performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or making any alteration or change to the IP Property without the express prior written consent of Authyo.
16.4: User shall immediately inform Authyo of any infringement or suspected infringement of the Intellectual Property Rights of Authyo in the Authyo Services and the Website and related Intellectual Property Rights when such User becomes aware of such infringement or suspected infringement. Authyo shall have the sole and absolute discretion to take a decision regarding any action to be initiated against such infringement or suspected infringement.
17. Indemnification
The User agree to indemnify, defend and hold harmless Authyo and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
18. Waiver
If Authyo does not exercise a right under these Terms of Service, shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by Authyo, unless specifically agreed by Authyo in writing.
19. Force Majeure
For purposes of these Terms of Service, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, or sabotage; act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money). If a Force Majeure Event occurs, Authyo will be excused from performing those obligations rendered un-performable by the Force Majeure Event. During a Force Majeure Event, Authyo shall use reasonable efforts to limit damages to the User and to resume its performance pursuant to these Terms of Service.
20. Relationship of the parties
The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and Authyo as a result of these Terms of Service, the User’s use of the Website, or the availing of Services from Authyo.
21. Assignment
The User shall not assign or transfer the rights and obligations of the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without Authyo’s prior written consent of Authyo may assign or transfer the rights and obligations contained in their Terms of Service to any Person.
22. Governing law and jurisdiction
a) These Terms of Service and any Order Form will be governed by the laws of India without any application of conflict of laws principles.
b) In case of any differences, disputes or disagreements between the User and Authyo, the dispute shall be resolved by a sole arbitrator appointed by the mutual consent of the User and Authyo. The seat of arbitration shall be New Delhi and the language of arbitration shall be English.
23. Confidentiality
Authyo shall keep confidential, all confidential Information of the User. However, Authyo may disclose any Confidential Information if and to the extent:
The information is or becomes freely available in the public domain (other than due to breach of these Terms)
The disclosure is required by law, order of any court, governmental or regulatory body, provided that prior to disclosure of any information the Receiving Party shall promptly notify the Disclosing Party of such requirement with a view to providing the Disclosing Party an opportunity to contest or limit such disclosure
The disclosure or use is required for the purpose of any proceedings arising out of these Terms
Or the disclosure of information by a Receiving Party to its directors, employees or professional advisers on a need-to-know basis, provided that such persons are duly bound by written obligation of confidentiality and non-disclosure at least as stringent as those provided under these Terms.
24. Data protection and privacy
24.1 Privacy Policy. Our Privacy Policy explains how we handle personal data about you and your account users, for which we are the controller.
24.2 Data Processing Agreement. When we process personal data on your behalf, such as your end users' phone numbers and email addresses sent through the Services, or RDP Guard login data, the Data Processing Agreement ("DPA") applies and forms part of these Terms. The DPA includes the EU Standard Contractual Clauses, the UK Addendum and Swiss terms where they apply. By accepting these Terms, you also accept the DPA.
24.3 Where data is stored. We store customer data in India. Our sub-processors, listed at https://authyo.io/subprocessors/, may process data in other countries, as described in the DPA.
24.4 Your responsibilities for your end users. You are responsible for:
- having a lawful basis to process your end users' data, and giving them the privacy information the law requires, including that a service provider in India processes their data;
- obtaining any consent required to send them messages, and sending one-time passcodes and verification messages only to people who requested them;
- sending marketing messages only with valid consent and a working opt-out;
- complying with the telecom rules that apply to your messages, including TRAI DLT registration of sender headers and templates for Indian numbers. For US and Canadian numbers, which we send from our own registered toll-free number, you must give us accurate information about your business and messages when we ask, and send only one-time passcodes and verification messages unless we agree otherwise in writing;
- not sending unlawful, misleading or unsolicited content; and
- complying with the Telephone Consumer Protection Act, the CTIA Messaging Principles and carrier rules for messages and calls to US numbers, and honouring opt-out requests made by any reasonable means within the time the law requires (in the US, no later than 10 business days).
We may suspend traffic that breaks this section or puts our messaging routes at risk.
24.5 Account data and service records. We use data about you and your account users as an independent controller, as described in our Privacy Policy. Technical records about your end users (such as delivery status, timestamps and IP addresses) are handled under the DPA. We never sell your end users' personal data or use it to market to them.
25. Contact Information
25.1: Questions about these Terms of Service should be sent to Authyo to Nishant Meghnathi (info@authyo.io). Any notices to Authyo in connection with the Website or Authyo Services, or these Terms of Service must be sent to the details given below:
Grievance Officer : Nishant Meghnathi
Address : 601A,B & 602, 6th Floor, SHLOK INFINITY, Opp. Viswakarma Mandir,Main Road, Chandlodiya, Ahmedabad, Gujarat, India 382481
Email : info@authyo.io
25.2: Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt.
25.3: Authyo may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with Authyo. The Users agree that in case there are any changes in any information provided by the User to Authyo, including the User’s phone number, e-mail address and other contact details, the User will be solely responsible to update them regularly. The User agrees that all agreements, notices, disclosures and other communications that Authyo provides to the Users electronically satisfy any legal requirement that such communications be in writing. If Authyo sends any communication by e-mail or to the User’s phone number, it shall be sent to the User’s e-mail address or phone number available on the records as mentioned in the Order Form and it shall be deemed to have been received by the User once it is reflected as sent in the outbox of the e-mail id or at the time of dispatch of the message.
26. Non-solicit
From the date of expiry or termination of the Order Form and till a period of 1 (one) year, the User shall, without Authyo’s prior written consent, hire, engage or solicit the employment of any person who is or was during the term of the Order Form employed by the Authyo.
27. Cumulative rights
The rights and remedies of Authyo provided in this Terms of Service are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law.
28. Entire understanding
The rights and remedies of Authyo provided in this Terms of Service are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law.