Terms and Conditions
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require publishing the rules and regulations, privacy policy, and terms of use for access or usage of the Creatorbox Softwares Private Limited.
Creatorbox Softwares Private Limited is a company incorporated under the laws of India with its registered office at No. 463, 1st Floor, Sri Krishna Temple Road Binnamangala, Indira Nagar Bengaluru (hereinafter referred to as “PushOwl”, “Company” “We”, “Us”, or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). PushOwl is owned by Sendinblue SAS, located 7 rue de Madrid - 75008, Paris, France. Your (“You”, “Your” or “User”) use of the website is subject to the notices, terms, and conditions set forth in these Terms of Service ("Terms"). The domain name “pushowl.com” (hereinafter referred to as the "Website") is owned by PushOwl.
Accessing, browsing, or otherwise using the website indicates your acceptance of all the terms and conditions in these terms of service. Please read these terms carefully before proceeding. You declare your willingness to abide and be bound by these terms throughout your use of the website. If you do not agree with the terms, please do not use this Website.
Your use of the Website is indicative of such acceptance. These Terms of Use shall be enforceable against You in the same manner as any other written agreement.
Agreement on the processing of personal data
This Annex 1 is only applicable between You and PushOwl if and/or to the extent to Your business activity is subject to the GDPR, in application of article 3 of the GDPR.
In the context of the Services provided to the User, PushOwl is required to carry out personal data processing operations on behalf of the User. This processing is carried out for the duration of the contractual relationship between PushOwl and the User.
The processing carried out by PushOwl on behalf of the User is described below:
Allowing You to upload your company logo, images for any marketing campaign and automation, in PushOwl Platform
Collection of consents from User to send them Web Push Notification on their Browser in accordance of the rules and configurations decided by You;
Collection of unsubscriptions and User information affected;
0.1 Agreement on the processing of personal data
User’s Instructions
PushOwl undertakes to process personal data only for the purposes of performing the Services in accordance with the User’s instructions. Thus, PushOwl agrees not to concede, rent, transfer, or otherwise communicate to another person, all or part of the personal data, even free of charge, and not to use the personal data for purposes other than those provided in the General Conditions of Use. The Terms and Conditions and this DPA, as well as the features made available on PushOwl’s platform constitute the entire extent of User’s instructions.
In the event that PushOwl considers that an instruction given by the User constitutes a violation of an applicable law, PushOwl shall inform the User.
Confidentiality and Security
PushOwl ensures the confidentiality of personal data processed in connection with the Services. As such, it ensures (i) that personal data is communicated only to persons who need to know it, (ii) that these persons are aware of the User’s instructions and undertake to process the personal data entrusted to them only in strict compliance with the instructions and for no other purpose, (iii) that they are subject to an appropriate contractual or legal obligation of confidentiality, and (iv) that they receive the necessary training in the field of data protection. PushOwl undertakes to implement the appropriate technical and organizational measures in order to preserve the confidentiality and security of personal data and, in particular, to prevent it from being distorted, damaged, or communicated to unauthorized third parties, and more generally, to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized dissemination or access, as well as against any form of unlawful processing, it being specified that these measures must ensure, taking into account best practice and the costs associated with their implementation, a level of security appropriate to the risks presented by the processing and the nature of the data to be protected and, more generally, in order to guarantee a level of security of personal data appropriate to the risk.
Notification of Violations of Personal Data
In the event of an accidental or unlawful breach of security resulting in the destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, personal data processed by PushOwl, PushOwl undertakes to notify the User without undue delay following the detection of the incident. In such circumstances, and in consultation with the User, PushOwl undertakes to implement the necessary data protection measures and to limit any negative effects on the data subjects. PushOwl undertakes to provide the User with reasonable information and assistance to enable the latter to comply with its obligations to notify the data protection authorities and, where applicable, the data subjects.
Notification of Violations of Personal Data
PushOwl undertakes, as far as possible, to assist the User in fulfilling its own obligations. Thus, PushOwl shall:
take charge of the requests to unsubscribe from distribution lists on behalf of the User;
respond promptly to any request from the User concerning the personal data processed, in order to enable the User to take into account, within the time limits set, any potential requests from data subjects (right of access, right of rectification, right of destruction, etc.), and more generally to take into account the nature of the processing and help the User through appropriate technical and organizational measures to comply with their obligation to respond to requests submitted by the data subjects with a view to exercising their rights;
forward to the User, on receipt, requests from the data subjects to exercise their rights when such requests contain enough information for PushOwl to identify the User as the Controller of the data subject’s personal data. In case such information is insufficient, PushOwl shall ask the data subject to provide appropriate information ;
provide reasonable assistance and collaboration to the User in accordance with the applicable regulations on the matter, and in particular help the User to ensure the security of personal data, to comply with its obligations in the event of a security breach and to reasonably assist the User in carrying out any measures necessary prior to processing, such as the implementation of an impact analysis.
Data Access / Deletion
At any time during the implementation of the Terms and Conditions, the User may access the personal data processed by PushOwl or delete it directly from the Site using the export and integrated deletion features. At the end of the contractual relationship, PushOwl undertakes, at the User’s request, to archive all personal data, or to return it to the User or another data processor designated by them if technically feasible and within a maximum period of 3 months. The return must be accompanied by the destruction of existing copies in PushOwl’s information systems, unless any applicable law requires their retention.
02.
Audit
User’s Instructions
PushOwl undertakes to provide the User with information and documents that are available and necessary to demonstrate compliance with the obligations set out herein, including PushOwl audit reports. User agrees that any audit rights granted by applicable data protection law and regulations will be satisfied by such disclosure. Such disclosure shall be subject to reasonable confidentiality controls. PushOwl shall answer on a best effort basis and without undue delay. If the above disclosure does not provide sufficient information or so that User can fulfill its obligation under applicable data protection laws and regulations, of if User is compelled provide information related to PushOwl’s service following a regulatory authority audit, User and PushOwl shall enter a mutually agreed-upon agreement organizing an audit, including an audit plan that: (i) ensures the use of an independent third party auditor; (ii) provides written notice to PushOwl in a timely fashion; (iii) requests access only during business hours; (iv) accepts billing of User at PushOwl’s then-current fees (v) takes place no more than once annually; (vi) limits its scope to the data and infrastructures stored by PushOwl and relevant to User; and (vii) commits User, to the extent permitted by law or regulation, to keep confidential any information gathered that, by its nature, should be confidential.
03.
Sub-processing
User’s Instructions
The User is informed, and expressly accepts, that PushOwl may have recourse to sub-processors within the context of the Services, who will have access/process the personal data entrusted by the User on User’s behalf. The list of the relevant processors is as follows: see the list.
The User is made aware that some of these sub-processors are located in countries outside the European Union, including in the United States, and, as such, the User expressly authorizes PushOwl to transfer personal data outside the European Union. PushOwl undertakes to implement all the necessary guarantees in order to supervise these transfers in compliance with the applicable rules. PushOwl shall at all times provide an adequate level of protection of the Customer Data processed, in accordance with the requirements of Data Protection laws (including Standard Contractual Clauses and supplementary measures).
In the event of modification of the list of its sub-processors, PushOwl will notify the User by email or by notification through the customer account, and the User will have the possibility to cancel the subscription in the event of an objection. It is specified that this notification will include any information relating to possible transfers of personal data outside the European Union.
When PushOwl uses sub-processors to carry out specific processing activities on behalf of and on the instructions of the User, the same level of data protection as laid down in this DPA is imposed contractually on the sub-processors, in particular with regard to providing sufficient guarantees as to the implementation of the appropriate technical and organisational measures.
It is PushOwl’s responsibility to ensure that sub-processors provide sufficient guarantees to ensure that the processing meets the requirements of the GDPR. If the sub-processors do not fulfil their data protection obligations, it is recalled that PushOwl remains liable to the User for the performance by sub-processors of their obligations.
Terms of Use
Registration
You may access some areas of our website without registering to the website. However, in order to access certain features of the website You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, and website address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the services (or any portion thereof) permanently.
When you sign up on this Website, your personal information will be registered automatically in our database which will be maintained and used by the Website in accordance with the Privacy Policy. In case of change in personal information, you may write to us at the contact information provided below.
Subscription Plan And Payment
While we may provide certain services free of cost during the trial period offered to you, post expiry of the trial period services can be accessed only by way of subscription. Information about subscription plans and prices would be provided in the Website while requesting for a subscription of a service. You agree to pay the price for the subscription or service as per the pricing schedule indicated in the Website.Our billing is handled by Shopify on behalf of all merchants. The payment process will be governed by Shopify terms and condition available at https://www.shopify.in/partners/app-store-terms. Your subscription will commence on the day that you enter into this Agreement by making a valid payment for subscription on the Shopify Website and shall continue to remain in force unless terminated in accordance with these Terms. We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the any subscription plan or service offering. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. You will make timely payment of all such taxes, duties or government levies related to your Subscription. You can cancel your subscription either from the Shopify app or by uninstalling PushOwl. In case of any refund request, we provide full refund for that particular month.
Prohibited Activities
PushOwl undertakes, as far as possible, to assist the User in fulfilling its own obligations. Thus, PushOwl shall:
take charge of the requests to unsubscribe from distribution lists on behalf of the User;
process personal data in accordance with Annex 1 “Agreement on the processing of personal data” and respond promptly to any request from the User concerning the personal data processed, in order to enable the User to take into account, within the time limits set, any potential requests from data subjects (right of access, right of rectification, right of destruction, etc.), and more generally to take into account the nature of the processing and help the User through appropriate technical and organizational measures to comply with their obligation to respond to requests submitted by the data subjects with a view to exercising their rights;
forward to the User, on receipt, requests from the data subjects to exercise their rights when such requests contain enough information for PushOwl to identify the User as the Controller of the data subject’s personal data. In case such information is insufficient, PushOwl shall ask the data subject to provide appropriate information ;
provide reasonable assistance and collaboration to the User in accordance with the applicable regulations on the matter, and in particular help the User to ensure the security of personal data, to comply with its obligations in the event of a security breach and to reasonably assist the User in carrying out any measures necessary prior to processing, such as the implementation of an impact analysis.
The User warrants that it shall, while using the Services :
comply with applicable laws and regulations, in particular related to data protection and electronic communications (without the list being exhaustive : CPRA/CCPA, CAN-SPAM, GDPR, etc.;
comply with these terms and conditions;
comply with the state of the art and good practices related to electronic communications;
comply with PushOwl’s rights as well as with any third party rights, including intellectual property rights ;
comply with the terms and conditions of PushOwl’s partners, in particular with the Acceptable Use Policy of Shopify: https://www.shopify.com/legal/aup
indemnify and hold PushOwl harmless against any fines, penalties, damages, attorneys’ fees, and costs resulting from any demands, claims, suits or preceding made or brought by a third party against PushOwl alleging that PushOwl infringes or misappropriates such third party rights
The User represents and warrants that:
the User is accessing and using the Services for professional use only;
their representative is at least 18 years of age and that their representative possess the legal right and ability to enter into these Terms.
their representative is authorized to act on behalf of the legal entity and to bind such legal entity to these Terms.
the organization the User represents is not be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a EU or U.S. government embargo or international sanction and that it is not listed on any EU or U.S. government list of prohibited or restricted person;
The Users also warrants that they shall not update any content related to the following list (“Prohibited content”):
gambling or games of chance, including campaigns, materials, posts, or otherwise that constitute gambling or any game of chance, or which promote giveaways, random drawings, raffles, or prizes, except promotions that comply with all applicable laws
any content that encourages illegal activity, as well as campaigns, materials, posts, or any other activity that encourages, promotes, facilitates, or instructs others to engage in illegal activity
adult subjects, nudity, or sexual acts
promotion of hatred, violence, racial, or religious intolerance, campaigns, materials, posts, or other any other content that promotes or glorifies hatred, violence, racial or religious intolerance, or items that promote organizations with such views
any campaigns, materials, posts, or other content where it appears that a person is attempting to use PushOwl (directly or through another person) to benefit financially from a criminal activity or
otherwise objectionable, campaigns, materials, posts, or other content as determined by PushOwl in our sole discretion, or
any defamatory or disparaging content.
Intellectual Property
The trademarks, logo and slogans of PushOwl displayed on the Website (collectively the "Trademarks") are owned by PushOwl. Nothing on this Website should be construed as granting any license or right to use the Trademarks without written permission of PushOwl or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Website, except as provided in these Terms is strictly prohibited. You are advised that PushOwl will aggressively enforce its intellectual property rights to the fullest extent of the law. PushOwl respect the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition of your use of the Site, you agree not to use any feature of the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any user, and block access to Website of any user who are repeat infringers of the copyrights, or other intellectual property rights, of PushOwl or others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. The User agrees to be solely responsible for and bear the risk of sharing any intellectual property rights owned by them through the PushOwl's website. You shall not hold PushOwl responsible for any infringement of intellectual property rights by any other user/ third party.
Confidentiality
PushOwl will not use any of user’s confidential information except in connection with the performance of the services or the exercise of its rights under these terms and will take all reasonable precautions to maintain the confidentiality of user’s confidential information and to prevent the unauthorized disclosure to others of the confidential information. PushOwl shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to user by inadvertent breaches of confidentiality.
Third-Party Links
Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Further, the Company uses certain third party resources in order to provide the services to its users. The User acknowledges and agrees that Company is not and shall not be responsible for the availability, performance or security of any such external third party services or resources, and it shall not be held liable for any loss or damage (including loss of data and/or loss of profits), which may be incurred by the User, as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in those external third party services or resources, or as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in the website provided through such external third party services or resources.
Service Level Understanding
The Company shall endeavor to ensure 99% uptime of its Website. However, the User shall not construe this as a guarantee by the Company, and the User shall not hold the Company liable for any reasonable failure of the Company to ensure the uptime. In the event of the failure of the Company to provide the aforementioned service standards, the Company in its sole discretion may provide to the User monetary credits equivalent to the lost period due to the failure in Service commitments. In the event the Company determine to pay the monetary credits to You for its failure to meet the service standards, the monetary credits shall be reflected on your monthly invoice, and the sum of the monetary credit shall be deducted from the subscription fees payable by You.
Notifications
You agree to PushOwl sending you notifications and important messages time to time via its websites, mobile applications, and email to provide you a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PUSHOWL NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITES OR SERVICES OR THESE TERMS.
Indemnity
USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS PUSHOWL AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS), ARISING FROM OR RELATING TO: (A) THE USE OF THE WEBSITE BY USER OR ANYONE USING USER’S ACCOUNT; (B) THE VIOLATION OF THESE TERMS OF SERVICE BY USER OR ANYONE USING USER’S ACCOUNT; OR (C) THE VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, PUBLICITY, OR OTHER PROPRIETARY RIGHTS BY USER OR ANYONE USING USER’S ACCOUNT.
Restricted Location
PUSHOWL MAKES NO REPRESENTATION THAT THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE INDIA. USERS WHO ACCESS THE WEBSITE FROM OUTSIDE INDIA DO SO AT THEIR OWN RISK AND INITIATIVE AND MUST BEAR ALL RESPONSIBILITY FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.
Termination
UNLESS TERMINATED BY THE PUSHOWL, THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE ANY OF THE SERVICES. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY DELETING ALL YOUR PERSONAL INFORMATION PROVIDED TO PUSHOWL AND DELETING THE USER ACCOUNT WITH PUSHOWL. IN THE EVENT IT IS DETERMINED BY PUSHOWL THAT YOU HAVE VIOLATED ANY OF THESE TERMS, WE SHALL HAVE THE RIGHT, AT OUR SOLE DISCRETION, TO SUSPEND YOUR ACCOUNT AND TERMINATE THE SERVICES FORTHWITH. ANY SUCH SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND THE SERVICES MAY BE EFFECTED BY US WITHOUT PROVIDING YOU WITH A PRIOR NOTICE IN THIS REGARD.
Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, you can reach us at contact@pushowl.com.
User Comments, Feedback, and Other Submissions
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
DISCLAIMER
Our Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, PushOwl does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While PushOwl attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.
SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable by any court or tribunal of competent jurisdiction, the other provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
The Terms of Use constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
Changes in Terms
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to our website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Jurisdiction
The Terms of Use shall be governed by the laws of India, and the courts at Bengaluru shall have exclusive jurisdiction with respect to any dispute arising hereunder.