Terms & Conditions

Clear rules. Responsible usage. Transparent operations.

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to Selixer. These Terms and Conditions ("Terms," "Agreement") govern your access to and use of Selixer's email and messaging marketing platform, including all features, services, software, and communications.

By creating an account, accessing, or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our Services.

Company Information:

• Service Name: Selixer
• Service Type: Business analytics and marketing
• Website: https://www.selixer.com
• Email: hello@selixer.com
• Company Legal Name: Akaame Export Private Limited
• Physical Address: A-356, Moneyplant Highstreet, Jagatpur Road, Gota, Ahmedabad, Gujarat, India - 382470
• Support: support@selixer.com

Entity Contracting: You represent and warrant that you are entering into this Agreement on behalf of a company or legal entity, and that you have full authority to bind such entity to this Agreement. If you are an individual business owner, you represent that you are at least 18 years of age and capable of forming binding contracts.

2. SERVICE DESCRIPTION

Selixer is a comprehensive marketing communication platform that enables businesses to:

2.1 Email Marketing Services

• Create, manage, and send email marketing campaigns
• Design and deploy transactional email communications
• Segment and manage subscriber lists
• Track email performance metrics and analytics
• Automate email workflows and sequences
• Manage subscriber preferences and opt-outs

2.2 Messaging Services

• Send business-initiated messages to customers
• Create and manage pre-approved message templates
• Conduct automated messaging campaigns
• Track message delivery and engagement metrics
• Manage customer conversations and interactions
• Handle opt-in consent and preference management

2.3 Platform Features

• Subscriber and contact database management
• Campaign creation and scheduling tools
• Analytics and reporting dashboards
• Integration with third-party business systems
• Compliance management tools
• Template library and design tools

3. ACCOUNT REGISTRATION AND ELIGIBILITY

3.1 Eligibility Requirements

You must meet the following requirements to use our Platform:

• Be at least 18 years of age
• Represent a legitimate business entity or operate as a lawful individual business
• Have the legal capacity to enter into binding contracts
• Operate a business that complies with all applicable laws and regulations
• Not be located in a jurisdiction where our Services are prohibited

3.2 Account Creation

When creating an account, you must:

• Provide accurate, current, and complete business information
• Use your legitimate business name (not aliases or fictitious names)
• Provide a valid business email address and physical postal address
• Verify your business identity when requested
• Maintain accurate contact information at all times

3.3 Business Verification

We reserve the right to verify your business information, including:

• Legal business registration documents
• Business website verification
• Physical address confirmation
• Identity verification of authorized representatives
• Additional documentation as needed for compliance

Failure to provide accurate information or complete verification may result in account suspension or termination.

3.4 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Implementing appropriate security measures for your account
• Notifying us immediately of any unauthorized access
• Ensuring your team members with account access comply with these Terms

3.5 Account Restrictions

You may not:

• Share your account credentials with unauthorized parties
• Create multiple accounts to circumvent our policies or limits
• Transfer your account to another party without our written consent
• Use another party's account without authorization
• Circumvent any access controls or security measures

4. ACCEPTABLE USE POLICY

4.1 Prohibited Uses

You agree NOT to use our Platform to:

General Prohibitions:

• Engage in any illegal, fraudulent, or deceptive activities
• Violate any local, state, national, or international laws
• Infringe upon intellectual property rights of others
• Distribute malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Platform
• Reverse engineer, decompile, or attempt to extract source code
• Remove or alter any proprietary notices or labels

Communication Prohibitions:

• Send unsolicited bulk messages or spam
• Send messages without proper opt-in consent
• Use purchased, rented, scraped, or harvested contact lists
• Send deceptive, misleading, or false content
• Impersonate any person, business, or entity
• Send messages that violate recipient preferences or opt-out requests
• Engage in phishing, fraud, or identity theft
• Send excessive messages that constitute harassment

Content Prohibitions:

• Promote, facilitate, or organize criminal activity
• Exploit or harm minors in any way
• Promote or facilitate violence, terrorism, or serious harm
• Distribute adult content or sexual services
• Sell or promote illegal drugs, controlled substances, or unsafe supplements
• Sell or promote weapons, ammunition, or explosives
• Sell or promote alcohol, tobacco, or related products
• Facilitate gambling or games of chance (where prohibited by law)
• Promote multi-level marketing (MLM) or pyramid schemes
• Sell human body parts, blood, or organs
• Sell live animals or products from endangered species
• Promote hate speech, discrimination, or harassment
• Distribute counterfeit goods or pirated content
• Mislead consumers about product characteristics or pricing
• Violate financial regulations or securities laws

4.2 Email-Specific Requirements

When using our email services, you must:

• Only send to recipients who have explicitly opted in
• Include your business name and physical postal address in every email
• Use accurate and non-deceptive header information (From, To, Reply-To)
• Use truthful and non-misleading subject lines
• Clearly identify commercial messages as advertisements
• Provide a clear and conspicuous unsubscribe mechanism in every marketing email
• Honor opt-out requests within 10 business days
• Not include false or misleading routing information
• Not use deceptive tactics to obtain email addresses

4.3 Messaging-Specific Requirements

When using our messaging services, you must:

• Obtain explicit opt-in permission before initiating conversations
• Clearly state your business name in opt-in requests
• Inform recipients they are opting in to receive messages from your business
• Use only pre-approved message templates for business-initiated communications
• Comply with conversation window limitations and policies
• Respond to opt-out requests immediately
• Not send excessive or unsolicited messages
• Maintain accurate records of consent
• Honor recipient blocks and muting preferences
• Provide clear instructions for how recipients can opt out

4.4 List Management Requirements

You must:

• Maintain clean and up-to-date contact lists
• Remove hard-bounced addresses immediately
• Process soft bounces according to best practices
• Remove addresses that generate complaints or opt-outs
• Verify email addresses before adding to campaigns
• Implement double opt-in for new subscribers (recommended)
• Maintain records of how and when consent was obtained
• Segment lists to send relevant content to appropriate audiences
• Not import lists without verifiable opt-in consent

4.5 Content Quality Requirements

Your communications must:

• Provide genuine value to recipients
• Match recipient expectations based on opt-in context
• Avoid misleading or sensationalized claims
• Use professional and respectful language
• Comply with advertising standards and truth-in-advertising laws
• Include accurate product descriptions and pricing
• Honor promises made during opt-in process
• Provide clear call-to-action and contact information

5. OPT-IN CONSENT AND SUBSCRIBER MANAGEMENT

5.1 Consent Requirement

Prior opt-in consent is mandatory before sending any marketing communications through our Platform. You may not send messages to anyone who has not explicitly consented to receive communications from your business.

5.2 Valid Opt-In Methods

Acceptable methods for collecting opt-in include:

• Website registration forms with clear consent language
• In-person sign-ups with written or digital consent
• Point-of-sale checkboxes during purchases
• Phone-based consent using interactive voice response (IVR)
• Text message opt-in replies
• QR code scans that display consent terms
• Social media click-to-message advertisements
• Customer service conversations where consent is explicitly requested

5.3 Opt-In Requirements

Every opt-in must:

• Clearly state that the person is opting in to receive communications from your business
• Identify your business name explicitly
• Describe the types of messages the person will receive
• Indicate message frequency (e.g., weekly, daily, as needed)
• Provide opt-out instructions clearly
• Comply with applicable laws including GDPR, CAN-SPAM, CASL, and other regulations

Example of Compliant Opt-In Language:

"By checking this box, you agree to receive promotional emails and messages from [Your Business Name]. You will receive approximately [X] messages per [week/month]. You can unsubscribe at any time by clicking the unsubscribe link or replying STOP. See our Privacy Policy for details."

5.4 Prohibited Consent Methods

You may NOT obtain consent through:

• Pre-checked boxes or default opt-ins
• Unclear or buried consent language in terms and conditions
• Purchasing, renting, or trading email/phone lists
• Scraping or harvesting contact information
• Assuming consent based on previous business relationships (without explicit permission)
• Requiring consent as a condition of service (unless genuinely related)

5.5 Separate Consent for Different Message Types

You must obtain separate consent for:

• Transactional messages (order confirmations, account updates)
• Marketing messages (promotional offers, newsletters)
• Different communication channels (email vs. messaging)
• Different businesses (if you manage multiple brands)

Best Practice: Use category-specific opt-ins to ensure recipients only receive content they explicitly requested.

5.6 Consent Record Keeping

You must maintain records of:

• How consent was obtained (method and source)
• When consent was obtained (date and time)
• What the person consented to receive
• IP address or location data (where applicable)
• The exact language used in the opt-in
• Any updates to consent preferences

These records must be retained for the duration of your relationship with the subscriber plus a minimum of 3 years after, or as required by applicable law.

5.7 Opt-Out and Unsubscribe Requirements

You must:

• Provide clear opt-out mechanisms in every marketing communication
• Process opt-out requests within 10 business days maximum (sooner is required in many jurisdictions)
• Honor opt-outs permanently - do not re-add without new explicit consent
• Make opt-out free and easy - no login required, no fees, minimal steps
• Confirm opt-out when requested by the subscriber
• Apply opt-outs across all systems and communication channels
• Not sell or transfer opted-out addresses to third parties

Email Unsubscribe Requirements:

• Include a visible unsubscribe link in every marketing email
• Process unsubscribe requests automatically when possible
• Provide a preference center for selective unsubscribes (optional)

Messaging Opt-Out Requirements:

• Accept common opt-out keywords (STOP, UNSUBSCRIBE, CANCEL, QUIT)
• Provide simple instructions in messages
• Respond immediately to opt-out requests
• Confirm successful opt-out

5.8 Suppression Lists

We maintain account-level suppression lists that automatically prevent sending to:

• Hard-bounced addresses (permanently suppressed)
• Soft-bounced addresses (after repeated failures)
• Addresses that have filed spam complaints
• Addresses that have opted out
• Addresses flagged as invalid or non-existent

You are responsible for maintaining your own suppression lists and ensuring you never attempt to send to suppressed addresses.

6. BOUNCE AND COMPLAINT HANDLING

6.1 Email Deliverability Standards

To maintain the integrity of our Platform and protect sender reputation, you must adhere to strict deliverability standards:

Bounce Rate Thresholds:

• Hard Bounce Rate: Must remain below 5% (target: under 2%)
• Soft Bounce Rate: Monitor and remove persistent soft bounces

Complaint Rate Thresholds:

• Spam Complaint Rate: Must remain below 0.1%
• Any rate exceeding 0.1% will trigger immediate review

Failure to maintain these thresholds may result in:

• Account suspension or throttling
• Mandatory review of sending practices
• Requirement to clean your lists before resuming sending
• Permanent account termination for severe or repeated violations

6.2 Bounce Types and Handling

Hard Bounces (Permanent Failures):

• Invalid or non-existent email addresses
• Domain does not exist
• Recipient mailbox has been disabled

Action Required: Immediately remove from all lists permanently

Soft Bounces (Temporary Failures):

• Mailbox full
• Server temporarily unavailable
• Message too large
• Content rejected by server

Action Required: Retry according to best practices; remove after persistent failures (typically 3-7 days)

Transient Bounces:

Require manual intervention (content errors, policy violations)

Action Required: Review and correct issues before retrying

6.3 Your Bounce Management Responsibilities

You must:

• Monitor bounce rates daily
• Automatically remove hard bounces from your lists immediately
• Investigate causes of high bounce rates
• Maintain list hygiene through regular validation
• Never re-add bounced addresses without re-verification
• Use email verification services before importing large lists
• Implement double opt-in to reduce invalid addresses

6.4 Complaint Handling

A complaint occurs when a recipient marks your message as spam or junk. This is a serious indicator of poor sending practices.

When a complaint is received:

• Immediate suppression: The address is automatically added to your suppression list
• Review trigger: Excessive complaints trigger manual account review
• Education requirement: You may be required to complete compliance training
• Account action: Repeated patterns result in suspension or termination

Your Complaint Management Responsibilities:

• Investigate root causes of complaints
• Review your opt-in processes for compliance
• Ensure message content matches subscriber expectations
• Improve targeting and segmentation
• Reduce sending frequency if necessary
• Never attempt to send to complained addresses again

6.5 Feedback Loops

We participate in feedback loop programs with major email providers. When available, complaint feedback is automatically processed and:

• The complaining address is suppressed immediately
• Complaint metrics are updated in your account dashboard
• Notifications are sent if thresholds are exceeded

6.6 Messaging Quality Standards

For messaging services, you must maintain:

• High quality rating as determined by the messaging platform
• Low block rate: Minimize recipient blocks and reports
• Appropriate response times: Respond to customer inquiries promptly
• Relevant content: Send messages that match recipient expectations

Quality violations may result in:

• Message sending limitations or throttling
• Temporary or permanent account restrictions
• Required improvements before full access is restored

7. DATA PRIVACY AND PROTECTION

7.1 Your Role as Data Controller

When using our Platform, you are the data controller responsible for:

• Determining purposes and means of processing personal data
• Ensuring lawful basis for processing under applicable privacy laws
• Providing privacy notices to your subscribers
• Obtaining necessary consents for data collection and use
• Responding to data subject requests (access, deletion, portability)
• Implementing appropriate security measures
• Notifying us of any data breaches involving subscriber data

7.2 Our Role as Data Processor

Selixer acts as a data processor providing services on your behalf. We:

• Process personal data only according to your instructions
• Implement appropriate technical and organizational security measures
• Assist you with data subject requests when feasible
• Notify you of any data security incidents
• Delete or return data upon termination (subject to legal requirements)
• Comply with applicable data protection laws (GDPR, CCPA, etc.)

7.3 Data Processing Agreement

By using our Platform, you agree to the terms of our Data Processing Agreement (DPA), which governs how we handle personal data on your behalf. The DPA is available at [Your DPA URL] and is incorporated into these Terms by reference.

7.4 International Data Transfers

Our Platform may involve transferring data across international borders. We implement appropriate safeguards including:

• Standard Contractual Clauses (SCCs) approved by regulatory authorities
• Compliance with EU-US Data Privacy Framework (where applicable)
• Encryption in transit and at rest
• Access controls and audit logging

7.5 Prohibited Data Processing

You may not use our Platform to collect, store, or process:

• Special categories of data (health information, genetic data, biometric data, racial/ethnic data, religious beliefs, trade union membership, sexual orientation) without explicit consent and legal basis
• Children's data from individuals under 16 years of age (or applicable age in your jurisdiction) without parental consent
• Financial account information (credit card numbers, bank account details) except as necessary for payment processing
• Government identification numbers (Social Security numbers, passport numbers) without legitimate need and adequate protection

7.6 Privacy Policy Requirement

You must maintain and display a clear privacy policy on your website and in your communications that:

• Describes what data you collect and how you use it
• Explains how subscribers can exercise their privacy rights
• Discloses that you use third-party service providers (including Selixer)
• Provides contact information for privacy inquiries
• Is easily accessible and written in plain language
• Complies with applicable privacy laws (GDPR, CCPA, PIPEDA, etc.)

8. MESSAGING WINDOW AND TEMPLATE POLICIES

8.1 Customer Service Window

When using messaging services, a customer service window opens when a customer initiates contact with your business. During this window:

• You may send free-form responses without restrictions
• The window remains open for 24 hours from the last customer message
• You may exchange unlimited messages within the window
• No pre-approved templates are required during this window

8.2 Business-Initiated Messages

To initiate a conversation outside the customer service window, you must:

• Use pre-approved message templates only
• Obtain template approval before sending
• Use templates in the correct category (Marketing, Utility, Authentication)
• Ensure message content matches the approved template
• Have valid opt-in consent from the recipient

8.3 Message Template Categories

Marketing Templates:

• Promotional offers and announcements
• Product recommendations and upsells
• Event invitations and awareness campaigns
• Customer surveys and feedback requests

Requirement: Requires explicit marketing consent from recipient

Utility Templates:

• Transaction confirmations and receipts
• Delivery and shipping updates
• Appointment reminders
• Account notifications and alerts
• Payment confirmations

Requirement: Requires transactional relationship and consent

Authentication Templates:

• One-time passwords (OTP)
• Account verification codes
• Password reset confirmations
• Login alerts

Requirement: Requires active authentication flow

8.4 Template Creation and Approval

When creating templates, you must:

• Provide accurate category classification
• Use clear, non-deceptive content
• Include your business name
• Avoid prohibited content
• Follow formatting guidelines
• Submit for approval before use
• Update templates when content changes

Template rejections may occur due to:

• Misleading or deceptive content
• Incorrect category selection
• Policy violations
• Poor quality or unclear messaging
• Missing required elements

8.5 Messaging Frequency Limits

To maintain quality and prevent spam:

• Limit marketing messages to reasonable frequency
• Respect recipient preferences regarding message frequency
• Monitor engagement metrics and adjust accordingly
• Avoid excessive messaging that may lead to blocks or reports

Platform limits may include:

• Maximum messages per recipient per day
• Tiered sending limits based on quality rating
• Restrictions on accounts with poor engagement

9. FEES, BILLING, AND PAYMENT

9.1 Subscription Plans

Selixer offers multiple subscription tiers with varying features, limits, and pricing. Details of available plans are available on our pricing page at Selixer Pricing. Plan inclusions may vary by tier:

• Number of contacts/subscribers
• Monthly sending limits (emails and messages)
• Access to advanced features
• Priority support
• Additional team member seats
• API access and rate limits

9.2 Pricing and Fees

Subscription Fees:

• Billed monthly or annually in advance
• Based on your selected plan tier
• Subject to change with 30 days' advance notice

Usage-Based Fees:

• Email sends beyond plan limits
• Messages beyond plan limits
• Additional contact storage
• Premium features and add-ons

All fees are:

• Non-refundable except as required by law
• Exclusive of applicable taxes, duties, and government charges
• Payable in the currency specified at sign-up (typically USD)

9.3 Billing and Invoicing

For Subscription Customers:

• You authorize us to charge your payment method automatically
• Billing occurs on your subscription renewal date
• You are responsible for providing valid payment information
• Failed payments may result in service suspension

For Invoiced Customers:

• We may offer invoicing for qualified enterprise customers
• Credit limits and payment terms are at our sole discretion
• Invoices are payable within 30 days of invoice date
• Late payments subject to 1.5% monthly interest charge (or maximum allowed by law)

9.4 Payment Methods

Accepted payment methods include:

• Major credit cards (Visa, MasterCard, American Express)
• Debit cards
• ACH/bank transfer (for qualified accounts)
• Wire transfer (for enterprise accounts)

You authorize us to:

• Charge your designated payment method for all fees
• Update billing information with data from payment processors
• Obtain pre-authorization for anticipated charges

9.5 Taxes

You are responsible for:

• All sales, use, value-added, and other taxes (excluding taxes on our income)
• Any tax withholding obligations under applicable law
• Providing valid tax exemption certificates if claiming exemption
• Indemnifying us against any tax-related claims arising from your transactions

9.6 Price Changes

We reserve the right to change our pricing with 30 days' advance written notice. Notice will be provided via:

• Email to your account administrator
• In-app notification
• Announcement on our website

Your options upon price change:

• Accept the new pricing and continue service
• Downgrade to a different plan
• Cancel your subscription before the change takes effect

Continued use of the Platform after price changes constitutes acceptance.

9.7 Refund Policy

General Policy:

All fees are non-refundable except:

• Where required by applicable consumer protection laws
• In cases of service outages exceeding our SLA commitments
• Billing errors made by Selixer
• Fraudulent charges that are reported promptly

Service Credits:

• May be issued at our discretion for service disruptions
• Do not extend subscription terms
• Cannot be exchanged for cash
• Must be used before expiration

9.8 Account Suspension for Non-Payment

If payment fails or becomes overdue:

• Day 1-7: Automated payment retry attempts
• Day 8: Service access may be limited
• Day 15: Account suspended; access revoked
• Day 30: Account may be terminated; data deletion initiated

To restore access:

• Update payment method
• Pay all outstanding balances
• Contact support to reinstate account (Email: support@selixer.com)

9.9 Cancellation and Termination

You may cancel at any time by:

• Navigating to account settings and selecting "Cancel Subscription"
• Contacting our support team
• Providing written notice to (Email: support@selixer.com)

Upon cancellation:

• Service continues until the end of your current billing period
• No refunds for unused time in the current period
• Your data is retained per our data retention policy
• You may export your data before termination

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Selixer's Intellectual Property

All aspects of the Platform, including but not limited to:

• Software, source code, and algorithms
• User interface and design elements
• Logos, trademarks, and brand assets
• Documentation, guides, and educational content
• Database structures and data organization
• Features, functionality, and workflows

...are owned by Selixer or our licensors and protected by:

• Copyright laws
• Trademark laws
• Patent laws
• Trade secret protections
• Other intellectual property laws

You may not:

• Copy, modify, or create derivative works
• Reverse engineer, decompile, or disassemble the Platform
• Remove or alter proprietary notices
• Use our trademarks without written permission
• Frame or mirror our website
• Scrape or harvest data using automated means
• Circumvent any technological protection measures

10.2 Your Content and Data

You retain all ownership rights to:

• Your subscriber lists and contact data
• Email and message content you create
• Images, logos, and media you upload
• Customer data collected through your use of the Platform

By using our Platform, you grant us a limited license to:

• Store and process your content and data
• Display your content within the Platform
• Transmit your messages to intended recipients
• Create backups for disaster recovery
• Use anonymized, aggregated data for analytics and improvements
• Use your data as necessary to provide the Services

This license is:

• Non-exclusive (you may use your content elsewhere)
• Worldwide (to support global infrastructure)
• Royalty-free (no additional fees for this license)
• Terminable (ends when you delete content or terminate your account)

10.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Platform:

• We may use them without obligation or compensation
• You grant us an unlimited, perpetual license to implement them
• We are not obligated to implement any suggestions
• You waive any rights to compensation or attribution

10.4 Third-Party Content

The Platform may include third-party content, including:

• Integrations with other services
• Stock images or templates
• Embeds from external sources

You are responsible for:

• Obtaining necessary licenses for third-party content you use
• Complying with third-party terms of service
• Ensuring you have rights to use and distribute such content

10.5 Copyright Infringement

We respect intellectual property rights. If you believe content on our Platform infringes your copyright:

• Submit a DMCA takedown notice to dmca@akaame.com
• Include: (a) description of copyrighted work, (b) location of infringing material, (c) your contact information, (d) statement of good faith belief, (e) statement under penalty of perjury, (f) your signature

Repeat infringers: We will terminate accounts of users who repeatedly infringe copyrights.

11. SERVICE LEVEL AND AVAILABILITY

11.1 Platform Availability

We strive to maintain high platform availability but do not guarantee:

• Uninterrupted or error-free service
• Zero downtime for maintenance or upgrades
• Compatibility with all devices and browsers
• Specific uptime percentages (unless stated in a separate SLA)

11.2 Scheduled Maintenance

We may perform scheduled maintenance:

• With advance notice when possible (typically 48 hours)
• During low-traffic periods when feasible
• To improve performance, security, or functionality

During maintenance:

• Some or all features may be temporarily unavailable
• No service credits are issued for scheduled maintenance
• We will restore service as quickly as possible

11.3 Emergency Maintenance

We may perform emergency maintenance without notice to:

• Address critical security vulnerabilities
• Prevent data loss or corruption
• Restore service after unexpected outages
• Comply with legal obligations

11.4 Third-Party Service Dependencies

Our Platform relies on third-party infrastructure and services. We are not liable for:

• Outages or disruptions caused by third-party providers
• Changes to third-party APIs or services
• Third-party security breaches
• Internet service provider issues

11.5 Service Limitations

We may implement rate limits, quotas, and other restrictions to:

• Prevent abuse and ensure fair usage
• Maintain platform stability and performance
• Protect against security threats
• Comply with third-party service limitations

12. WARRANTIES AND DISCLAIMERS

12.1 Platform "As-Is"

THE PLATFORM IS 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
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS
• UNINTERRUPTED OR ERROR-FREE OPERATION

12.2 No Delivery Guarantee

We do not guarantee that:

• Your messages will be delivered to recipients
• Messages will be delivered within a specific timeframe
• Recipients will open, read, or engage with your messages
• Your campaigns will achieve specific results or ROI
• Recipient email or messaging systems will accept your messages

Delivery depends on factors beyond our control, including:

• Recipient email server policies and spam filters
• Recipient messaging platform availability
• Content and sender reputation
• Recipient preferences and blocking
• Internet connectivity and routing

12.3 No Results Guarantee

We do not guarantee specific results from using our Platform, including:

• Subscriber growth rates
• Email open or click-through rates
• Message response rates
• Conversion rates or sales
• Return on investment (ROI)
• Customer engagement metrics

12.4 Third-Party Services

We are not responsible for:

• Functionality of third-party integrations
• Accuracy of data from connected services
• Changes to third-party APIs or terms
• Availability of third-party platforms

12.5 Your Responsibilities

You acknowledge and agree that:

• You are solely responsible for your use of the Platform
• You must comply with all applicable laws and regulations
• Success depends on your content quality, targeting, and strategy
• We do not review or approve all content before sending
• You must maintain proper list hygiene and consent practices

13. LIMITATION OF LIABILITY

13.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELIXER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• COST OF SUBSTITUTE GOODS OR SERVICES
• LOSS OF GOODWILL OR REPUTATION
• BUSINESS INTERRUPTION
• PERSONAL INJURY OR PROPERTY DAMAGE (EXCEPT AS REQUIRED BY LAW)

13.2 Maximum Liability Cap

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE LESSER OF:

• THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
• $1,000 USD

13.3 Exceptions

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any other liability that cannot be excluded by applicable law

13.4 Basis of Bargain

You acknowledge that these limitations of liability are fundamental elements of the agreement between us and that we would not provide the Platform without these limitations.

13.5 Jurisdictional Differences

Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some of the above limitations may not apply to you.

14. INDEMNIFICATION

14.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Selixer, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of third-party rights (intellectual property, privacy, publicity, etc.)
• Content you submit, upload, or transmit through the Platform
• Your email or messaging campaigns and communications
• Claims of spam, harassment, or unwanted communications from your recipients
• Your failure to obtain proper consent or maintain opt-out compliance
• Data breaches or security incidents involving your account
• Your violation of third-party terms of service
• Acts or omissions of your employees, agents, or contractors

14.2 Defense of Claims

If we are subject to a claim covered by your indemnification obligation:

• We will promptly notify you of the claim
• You will assume control of the defense and settlement (with competent counsel)
• We may participate in the defense at our own expense
• You may not settle any claim without our prior written consent if it involves admission of liability or imposes obligations on us

14.3 Our Cooperation

We will reasonably cooperate with your defense of any indemnified claim and provide access to relevant information in our possession.

15. TERM AND TERMINATION

15.1 Term

These Terms commence when you create an account and continue until terminated by either party as provided herein.

15.2 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting our support team
• Providing written notice to us

Effect of your termination:

• Service continues until the end of your current billing period
• No refunds for unused time
• Your data is retained per our retention policy
• You may export your data before termination takes effect

15.3 Termination by Us

For Convenience: We may terminate your account with 30 days' advance written notice for any or no reason. If we terminate for convenience:

• You will receive a pro-rata refund for unused subscription time
• You will have 30 days to export your data

For Cause (Immediate Termination): We may immediately suspend or terminate your account without notice if:

• You violate these Terms or any incorporated policies
• Your account poses a security risk
• You engage in fraudulent or illegal activity
• You fail to pay fees when due (after grace period)
• Your sending practices harm our infrastructure or reputation
• We are required to do so by law or regulatory authority
• Your bounce or complaint rates exceed acceptable thresholds
• You send spam or unsolicited messages
• You use purchased or non-consented contact lists

No refunds are provided for termination for cause.

15.4 Suspension

We may suspend (rather than terminate) your account to:

• Investigate potential violations
• Protect platform integrity
• Comply with legal requests
• Allow you time to correct violations

During suspension:

• Your access to the Platform is restricted
• Your data is retained
• Fees continue to accrue
• You must address the underlying issue to restore access

15.5 Effect of Termination

Upon termination or expiration of these Terms:

• All licenses granted to you immediately terminate
• You must cease all use of the Platform
• You must delete any downloaded or cached Platform content
• We will delete your data per our data retention policy (typically within 30-90 days)
• Outstanding fees become immediately due and payable

15.6 Data Export

Before termination takes effect, you should:

• Export all subscriber lists and contact data
• Download campaign reports and analytics
• Save copies of templates and creative assets
• Backup any other data you wish to retain

We are not obligated to provide data after termination.

15.7 Survival

The following sections survive termination:

• Fees and Payment (for amounts owed)
• Intellectual Property
• Indemnification
• Limitation of Liability
• Dispute Resolution
• General Provisions

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before filing any formal claim, you agree to:

• Contact us at (Email: legal@akame.com) to describe the dispute
• Provide relevant information and documentation
• Negotiate in good faith for at least 30 days to resolve informally

16.2 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

16.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, all disputes arising from or relating to these Terms or your use of the Platform shall be resolved through binding arbitration rather than in court.

Arbitration Process:

• Governed by: Arbitration and Conciliation Act, 1996 under Indian Council of Arbitration Rules or Mumbai Centre for International Arbitration (MCIA) Rules
• Conducted by a single neutral arbitrator
• Location: Ahmedabad, Gujarat or mutually agreed location
• Virtual hearings permitted
• Discovery limited to what is reasonably necessary
• Arbitrator's decision is final and binding

Costs:

• Each party bears its own attorneys' fees
• Arbitration fees split evenly unless rules provide otherwise
• Prevailing party may recover costs if arbitrator determines claim was frivolous

16.4 Class Action Waiver

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION.

• No class arbitrations or class actions are permitted
• You may not consolidate claims with other customers
• The arbitrator may not consolidate multiple parties' claims

16.5 Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

• Claims in small claims court within its jurisdictional limits
• Claims for injunctive or equitable relief to protect intellectual property
• Disputes related to the validity or enforcement of arbitration terms

16.6 Opt-Out Right

You may opt out of arbitration by sending written notice within 30 days of account creation to:

• Email: (Email: legal@akame.com)
• Subject: "Arbitration Opt-Out"
• Include: Your name, account email, and clear statement opting out

If you opt out: Disputes will be resolved in courts as described below.

16.7 Judicial Forum (If Arbitration Does Not Apply)

If arbitration does not apply, you agree that:

• Exclusive jurisdiction is in the courts of Ahmedabad, Gujarat, India
• You consent to personal jurisdiction in these courts
• You waive any objection to venue in Ahmedabad, Gujarat India

16.8 Time Limit for Claims

You must bring any claim within one (1) year after the claim arises, or it is permanently barred.

17. GENERAL PROVISIONS

17.1 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately for non-material changes
• 30 days after notice for material changes

Notice of changes will be provided via:

• Email to your account administrator
• In-app notification upon login
• Posting on our website with "Last Updated" date

Your options upon material change:

• Accept changes and continue using the Platform
• Reject changes and terminate your account

Continued use after notice period constitutes acceptance

17.2 Entire Agreement

These Terms, together with:

• Our Privacy Policy
• Data Processing Agreement
• Acceptable Use Policy
• Any other policies referenced herein

...constitute the entire agreement between you and Selixer regarding the Platform and supersede all prior agreements, representations, and understandings.

17.3 Severability

If any provision of these Terms is found to be unenforceable or invalid:

• That provision will be limited or eliminated to the minimum extent necessary
• The remaining provisions will remain in full force and effect
• We may replace the invalid provision with a valid one that achieves the same objective

17.4 Waiver

Our failure to enforce any right or provision of these Terms:

• Does not constitute a waiver of that right or provision
• Does not prevent us from enforcing that provision in the future

All waivers must be in writing and signed by authorized representatives

17.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. Any attempted assignment without consent is void.

We may assign these Terms without restriction, including:

• To any affiliate or subsidiary
• In connection with a merger, acquisition, or sale of assets
• To any successor entity

17.6 Independent Contractors

The parties are independent contractors. These Terms do not create:

• A partnership, joint venture, or agency relationship
• An employment relationship
• Authority for either party to bind the other

17.7 Force Majeure

Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including:

• Acts of God (earthquakes, floods, fires)
• War, terrorism, or civil unrest
• Government actions or regulations
• Pandemics or public health emergencies
• Labor disputes or strikes
• Internet or telecommunications failures
• Cyber attacks or security incidents (affecting third parties)

Duration: Performance obligations are suspended during force majeure.

Termination: If force majeure continues for more than 60 days, either party may terminate.

17.8 No Third-Party Beneficiaries

These Terms are for the benefit of the parties only. No third party has any rights to enforce or benefit from these Terms.

17.9 Export Compliance

You agree to comply with all applicable export and import control laws, including:

• Indian Foreign Trade Policy
• Export (Control) Order, 2023
• Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) regulations
• United Nations Security Council sanctions
• Any other applicable Indian export control laws

You represent that you are not:

• Located in or a resident of any country subject to Indian or international sanctions
• On any government restricted party list
• Prohibited from receiving products or services under applicable law

17.10 Government Use

If you are an Indian government entity or using the Platform on behalf of an Indian government entity:

• The Platform is a commercial software product
• Your rights are limited to commercial end users
• Use, duplication, and disclosure are subject to applicable government procurement regulations
• You represent that you have proper authorization and procurement authority

17.11 Language and Translation

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version controls.

17.12 Electronic Communications

You consent to receive communications from us electronically, including:

• Emails to your account address
• Notices posted on the Platform
• In-app messages and notifications

Electronic communications satisfy legal requirements for written notice.

17.13 Notices

To Selixer:

• Email: legal@akaame.com
• Postal Mail: Akaame Export Private Limited, A-356, Moneyplant Highstreet Jagatpur Road, Gota, Ahmedabad, Gujarat - 382470 India

To You:

• Email: To the address associated with your account
• In-app: Via platform notifications
• Postal Mail: To the business address in your account

Notices are deemed received:

• Email: 24 hours after sending
• Postal mail: 5 business days after mailing

17.14 Relationship to Service Providers

If you are a service provider acting on behalf of clients:

• You represent that you have authority to bind your clients to these Terms
• You are responsible for your clients' compliance
• We may require additional terms specific to service providers
• You indemnify us for claims arising from your client relationships

18. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms:

General Support:

• Email: support@selixer.com
• Website: https://www.selixer.com

Legal & Compliance:

• Email: legal@akaame.com
• Subject Line: "Terms of Service Inquiry"

Privacy Matters:

• Email: legal@akaame.com
• Subject Line: "Privacy Inquiry"

Billing & Accounts:

• Email: billing@selixer.com
• Phone: +91 9825744485
• Business hours: 9:30am-6:30pm IST

Physical Address:

Selixer- Akaame Export Private Limited
A-356, Moneyplant Highstreet
Jagatpur Road, Gota, Ahmedabad, Gujarat - 382470 India
GSTIN: 24AAZCA2167L1Z4