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Terms of use

Version: 1.1

Last Updated: 20-11-2024

1. WELCOME TO PROEMAIL

1.1 The website, https://proemail.in/ (the “Website”), is owned and operated by Jagadishwar Technology Solutions Private Limited (“JTSPL” / “us” / “our”), a company incorporated under the Companies Act, 2013 of India, with the corporate identification number of U72900AP2022PTC123158, and having its registered office at D. No.12-27, MIG 202, APHB Colony, Pothinamallayya Palem, Vishakhapatnam, Andhra Pradesh, India, 530041.

1.2 The Website is intended to offer commercial email services to working professionals who may be in need of professional email addresses and related services for their business and professional activities. These terms of use (“Terms”) govern the use of Website, our email services and any related features, applications, and content offered by us as part of or ancillary to our Website, including any new improvements, updates, additions and enhancements thereto by us from time to time (collectively referred to as the “Services”). Our Services and Website have been offered for usage to users thereof (“you” / “your”) basis your acceptance of these Terms. You are advised to carefully read the Terms while using our Services and the Website. By accessing or using our Services and the Website, you agree to be bound by these Terms. In the event you do not agree to any of the Terms, you are requested not to use the Website or any Services provided by us in connection thereto.

2. APPLICABILITY

2.1 The Terms apply to your usage of any and all of our Services and the Website. By using the Services and the Website, you represent and undertake to us that you are: (a) an adult and above the age of 18 (eighteen) years, (b) not legally or otherwise incapacitated / disabled to enter into these Terms or use the Website / Services for any reason whatsoever, and (c) legally permitted to utilise the Services and Website as per applicable laws.

2.2 In the event that you are below the age of 18 (eighteen) years and / or not legally entitled to enter into these Terms for any reason whatsoever, we request that you forthwith cease using our Services and the Website. Please note that we will not be liable for any unauthorised usage of our Website / Services by any individual in contravention of these Terms.

3. ACCEPTANCE OF TERMS OF USE

3.1 Upon accessing and using the Website, including upon creation of member accounts and becoming a member (“Member”), you indicate your unconditional and explicit consent to these Terms. Your acceptance of these Terms creates a legally binding contract between us, which shall be effective and remain in full force and effect for the entire duration that you utilise the Website and our Services.

3.2 In case you are a Member and wish to withdraw your consent at any time, we request that you cease using our Services and Website. Pursuant thereto, please note that your usage of email accounts and ancillary services will also be impacted. Please see paragraph 4 below for process to delete your account.

3.3 Subject to your acceptance of the Terms which are applicable to you, JTSPL grants you a non-exclusive, non-transferable, limited right to (a) access and read the contents of the Website, and (b) use our Services in case of you choose to open an email account with us and use our Services, pursuant to payment of our subscription charges in this regard. You agree not to interrupt or attempt to interrupt the operation of the Website and the Services, as the case maybe, in any manner. Unless otherwise specified, the Website and the Services are for your personal use. You are not permitted to modify, copy, reverse engineer, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from this Website and Services provided (as the case maybe), and / or any of their features and source codes in any form whatsoever.

4. MEMBER ACCOUNT

4.1 In case you wish to use our Services, you will be required to register for an email account and pay for usage of Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete at all times. With respect to payments, you undertake to comply with Annexure II hereto, at all times. All payments made are final in nature, and should be made in Indian currency and from Indian resident bank accounts only. Please note that we may change the price of the Services from time to time, without any notice to you.

4.2 For the purposes of creating an email account, you will also be required to create and input a password and username. By using, accessing or attempting to access the Services and our Website that require the use of username, passwords, login image and phrase or any other method of authentication or any combination of authentication methods, you are certifying that you are the person legally associated with the username, password, login image and phrase or additional method(s) of authentication being used. Unauthorized access or use or attempts to access the Services and our Website is prohibited and may violate applicable laws.

4.3 JTSPL reserves the right to allocate email IDs to Members upon account creation, and at its discretion, review the eligibility criteria and professional qualifications of members / users upon account creation. In the event of any disputes in relation to professional qualifications of any Members, any decision of JTSPL shall be final and binding upon such Members.

4.4 You are responsible for maintaining the confidentiality of your username, password, login image and phrase or any other method of authentication and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately, of any unauthorized use of your account or password, or any other breach of security. Please note that while the Website incorporates standard privacy related features, as more particularly described in our privacy policy, JTSPL will not be liable for any loss that you may incur as a result of any unauthorised usage / access of your account due to any reason whatsoever.

4.5 You can cancel specific services availed from us or close your email account created with us at any time and for any reason. To close your email account, please send email to care@proemail.in

4.6 In case your email account is closed (whether by you or us), (a) your right to use the email account to access our Services stops immediately, including for the services you have already purchased and you will immediately lose all licenses and other rights granted to you in relation to your use of Services, (b) we will delete data or your content associated with your email account or will otherwise disassociate it from you and your email account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you), and (c) you should have a regular backup plan as we will not be able to retrieve your content or data once your account is closed. No refunds of payments will be provided upon closure of your email account.

5. CONDITIONS OF USAGE

5.1 In case you create an email account with us, you agree to use your email account solely for personal use. You shall not share, transfer, or permit any other individual / entity to use your email account credentials.

5.2 You shall not use the Website and our Services for any purpose(s) that is unlawful or prohibited by these Terms and / or under any applicable laws. You shall not use the Website and our Services in any manner that could damage, disable, overburden, or impair any JTSPL’s server, or the network(s) connected to any JTSPL’s server, or interfere with any other party’s use and enjoyment of any services associated with the Website and our Services. You shall not attempt to gain unauthorized access to email account, computer systems or networks connected to any JTSPL’s server or to any of the Services associated with the Website, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information available on the Website / as part of our Services through any means not intentionally made available through the Website.

5.3 In case you use our Services, you shall not be involved in sending of emails that could be perceived as junk or sent through a distribution list without the recipient’s explicit consent. Please note that we will promptly terminate / suspend any email account or service, without any refunds, that we believe, at our sole discretion, is involved in spamming or any other form of unsolicited bulk email or is being used in contravention of any applicable law and take any other actions as deemed appropriate by us or required pursuant to any law / governmental authority including but not limited to blocking emails / your content during publication, transmission, or delivery. You agree that you are solely responsible for the content you generate and transmit using the Website and our Services and acknowledge that the server serves as a conduit for distributing and transmitting your data. You confirm and guarantee that the content you provide to us via the Website and / or as part of using our Services:

    • does not violate any third party’s intellectual property rights, rights of publicity or privacy.
    • complies with all applicable laws and regulations.
    • is not defamatory, libelous, pornographic, or obscene; and
    • is free from viruses or other harmful programming routines.
    • In utilization of our Website and Services, you undertake to comply with the user guidelines set out in Annexure I hereto, at all times.

6.PRIVACY

6.1 The use of the Website, Services and all personal information disclosed thereto is subject to our Privacy Policy, which is incorporated herein by this reference. All information for the accounts you have with us is used, disclosed and kept secure and confidential in the manner specified in the Privacy Policy.

6.2 By using the Website and our Services, you agree to be bound by our Privacy Policy. The use of the Website and our Services is restricted to Indian citizens only and shall be used by the following professionals having relevant qualifications:

    • CA;
    • CMA;
    • CS;
    • Legal Professionals;
    • Architects;
    • Engineers;
    • MBA graduates;
    • Doctors; and
    • Psychologists.

6.3 Please be advised that our servers and data centres are located in India. Further, our Website is hosted in India. If you access the Website from any other region of the world with laws or other requirements governing personal information or data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Website, you are transferring your data to India, and you agree to have your data transferred to and processed in India, in accordance with terms contained in our Privacy Policy.

 

7. DISCLAIMER

7.1 This Website, the information and materials on the Website, and any software made available on the Website, are provided “as is” and “as available” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.

7.2 We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your content or data that you’ve stored. We recommend that you regularly backup your content and data that you store on the server or store using third-party applications and Services. In addition to the foregoing, JTSPL shall not be liable for any email backups and email retrievals in case of email deletions.

7.3 Activities by Members: All Members are advised to use our Services in accordance with the Terms of Use and any other specifications notified by us from time to time. Please note that JTSPL shall not be responsible for any loss or disruptions caused as a result of any activities of the Members which are in contravention of our Terms of Use and applicable laws.

7.4 Activities by Bad Actors: While JTSPL takes best efforts to maintain appropriate security measures, please note that JTSPL shall not be liable at all for any virus, inaccuracy or misuse, data loss due to server failures, and /or service interruption caused due to illegal activities of any third parties which could not have been prevented or foreseen.

7.5 In addition to the foregoing, the Website may contain inaccuracies and typographical and clerical errors. JTSPL expressly disclaims any obligation(s) to update this Website or any of the materials / content placed on this Website. JTSPL does not warrant the accuracy or completeness of the materials / content on the Website. JTSPL reserves the right, in its sole discretion, to: (a) correct any errors or omissions in any portion of the Website. JTSPL may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described on the Website at any time without notice, (b) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason, and (c) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Please refer to Annexure III hereto, for information pertaining to the technical specifications of the email Services.

7.6 JTSPL will refrain from accessing your member account, except when expressly requested in writing by you for troubleshooting purposes. Additionally, spam filters on the server will routinely monitor emails for spam and prohibited keywords.

7.7 JTSPL reserves the right at all times to disclose any information including the emails of your email account deemed necessary to satisfy any applicable law, regulation, legal process or governmental request.

7.8 The Services, third-party apps and services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you delete / close your email account, you may need to re-acquire the material or applications that were available to you.

8. INDEMNIFICATION

8.1 You agree that your access to, and use of, the Website and Services thereof is at your own risk. You agree to indemnify and hold harmless JTSPL and its subsidiaries / affiliates from any claim, cost, expense, judgment or other loss relating to your use of this Website and Services in any manner, including without limitation of the foregoing, any action you take which is in violation of Terms and against any applicable laws.

 

9. LIMITATION OF LIABILITY

9.1 In no event shall JTSPL or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, losses on account of cyber security incidents, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website and use of Services.

9.2 Notwithstanding anything to the contrary, JTSPL and its subsidiaries / affiliates shall be liable only to the extent of the losses incurred during a particular year of subscription and JTSPL’s liability for any damagers whatsoever shall not exceed the amount paid by you to JTSPL for availing its Services via the Website during that particular year.

10. INTELLECTUAL PROPERTY

10.1 All trademarks, services marks, trade names, logos, icons and any other intellectual property displayed on the Website are proprietary to JTSPL. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any intellectual property displayed on the Website without the written permission of JTSPL. You agree not to copy, modify, distribute, or reproduce in any way any intellectual property owned and possessed by JTSPL through your use of the Website and our Services.

10.2 The Services and all intellectual property therein are proprietary to JTSPL. The use of our Services does not give you any right to, and you should not:

    • circumvent or bypass any technological protection measures in or relating to the Services;
    • disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services;
    • separate components of the Services for use on different devices;
    • publish, copy, rent, lease, sell, export, import, distribute, or lend the Services;
    • transfer any licenses, or any rights to access or use the Services;
    • use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network; and
    • enable access to the Services by unauthorized third-party applications.

10.3 During your use of our Services and Website, you may upload / submit content with us through various means and from time to time. In this regard, you hereby grant us a perpetual, irrevocable, transferable, non-exclusive, royalty-free and sub-licensable license to transmit any content that you may share with us on any platform and in any manner and mode of delivery whatsoever, for the purposes of providing our Services. You further agree that you are the sole owner of any such content and are entitled to provide us the foregoing licenses for such content.

 

11. CUSTOMER SUPPORT

11.1 If you have any questions about these Terms or our Website and / or Services, or if you wish to exercise your rights under applicable laws, please reach out to us through any of the following means:

Customer Care Number: +91 8106426003
Customer Care Email: care@proemail.in

11.2 Please note that support may not be available for preview or beta versions of features or Services.

12. SERVICE NOTIFICATIONS

12.1 When there’s something we need to tell you about a Service you use, we’ll send you Service related notifications. If you gave us your email address or phone number in connection with your email account, then we may send notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number / email and verifying your purchases. We may also send you notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.

 

13. UPDATES TO THE SERVICES, AND CHANGES TO THESE TERMS

13.1 We may change these Terms at any time. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your email account.

13.2 Sometimes, you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Please note that we are not obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.

13.3 Additionally, there may be times when we need to remove or change features or functionality of the Services or stop providing Services or access to third-party apps and services altogether. Except to the extent required by applicable law, we have no obligation to restore access to Services previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

14. MISCELLANEOUS

14.1 This Website and provision of our Services is controlled, operated and administered by JTSPL from servers within India. JTSPL makes no representation that materials and Services on this Website are appropriate or available for use at any other location(s) outside India.

14.2 Any access to this Website from territories where its content is illegal, is prohibited. You may not use the Website or export the materials thereof in violation of any applicable export laws and regulations. If you access this Website from a location outside India, you are responsible for compliance with all local laws.

14.3 You agree that all matters relating to your access to or use of the Website and our Services, including all disputes, will be governed by the laws of India without giving effect to conflict of laws’ provisions. You agree that the courts at Telangana, India shall have exclusive jurisdiction in respect of all disputes arising in relation to use of / registration with the Website and our Services. In case of any such disputes, you hereby agree that it shall be adjudicated by referring the same to a sole arbitrator, appointed by JTSPL in its sole discretion. The venue of arbitration shall be at Hyderabad and the proceedings of the arbitration shall be governed by the Indian Arbitration and Conciliation Act 1996, or any statutory modification or re-enactment thereof for the time being in force. The arbitration proceedings shall be conducted in the English language. Any such arbitral award shall be binding upon you.

14.4 JTSPL reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time. Changes in these Terms will be effective when notice of such change is posted. Your continued use of the Website after any changes to these Terms are posted will be considered acceptance of those changes. JTSPL may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature(s) of the Website, at any time. JTSPL may also impose limits on certain features and services or restrict your access to certain sections or all of the Website without notice or liability. You hereby acknowledge and agree that JTSPL may terminate the authorization, rights and license given above at any point of time at its own sole discretion and upon such termination, you shall immediately destroy all content owned and proprietary to JTSPL and as instructed by JTSPL, be required to delete your member accounts opened with us.

14.5 These Terms constitute the entire agreement between JTSPL and you with respect to your use of the Website and our Services. Any claim you may have with respect to your use of the Website and Services must be commenced while you are subscribed to our Services and within 1 (one) month of the cause of action. If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be severed from these Terms and the other remaining provisions of these Terms shall remain in full force and effect.

14.6 If any of these Terms are unenforceable as per applicable law, the Terms shall be modified to the extent the rest of the Terms are enforceable. These Terms supersede any other agreements or understanding between the parties.

14.7 Any delay in enforcing any of our right or breach of these Terms do not mean that we have waived our right to enforce these Terms. You may not assign or transfer these Terms (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign these Terms to our affiliates or a party that buys JTSPL without your consent. There are no third-party beneficiaries to these Terms.

15. ProEmail Free Trial Policy

We offer a 7-day free trial of our Pro Email Service, allowing you to explore all features and benefits with no charges during the trial period. Please review the following terms and conditions for the free trial:

Eligibility

  • The free trial is available to new users who have not previously subscribed to ProEmail’s service.
  • No payment information is required to activate the free trial, and the trial is completely free.

Trial Features

  • During the 7-day trial period, you will have access to all premium features of ProEmail, including advanced security, 1GB Storage, collaboration tools, and priority support—exactly as if you were a paid subscriber.

Trial Duration

  • The free trial lasts for 7 days from the moment you create your Pro Email ID. You will receive notifications as you approach the end of your trial period.

End of Trial

  • On the 8th day, your access to ProEmail will be suspended unless you choose to subscribe by paying for continued service.
  • Subscription Payment: To continue enjoying full access to all features, you must complete your subscription payment on or before the end of the 7th day. If you make the payment on, for example, the 3rd day, your subscription will begin immediately upon payment, and your billing cycle will start from the 8th day.

Subscription Details

  • No payment liability: You will not be charged at the end of the trial. You are free to decide whether or not to continue using ProEmail.
  • Payment Deadline: To avoid suspension, you must complete the payment before the trial period ends. Your subscription will begin immediately upon payment, and your billing cycle will start on the 8th day. 

Access After Trial

  • if you choose not to subscribe or do not complete the payment by the end of the trial period, your access to ProEmail will be suspended on the 8th day.
  • You agree to delete all data from your account before the end of the 7th day if you do not wish to continue using ProEmail, as access to your account will be suspended. Furthermore, you agree that after the trial period ends, we will not be held responsible for any data remaining in your email account.

Cancellation

  • No action is required to cancel the trial if you decide not to continue. Simply do not make a payment by the end of the 7th day, and your access will be suspended.

Support During Trial

  • You will have full access to customer support during the free trial period, and our team is available to assist with any questions or issues you may have.

By signing up for the free trial, you agree to the terms outlined above. We hope you find ProEmail to be a valuable tool for your professional communication needs and look forward to helping you get the most out of our service.

 

ANNEXURE I | USER GUIDELINES

(A) As part of our Services and use of the Website, you may communicate with other individuals / entities through  email services. With respect to your use of our email services, you agree to act in a manner compliant with applicable laws, and shall not undertake any activity which may be considered as illegal / prohibited under any applicable law. Without limiting the foregoing, you agree not to undertake any of the following activities in your usage of our Website and Services:

    • Any illegal, criminal or tortious activity including but not limited to sharing pornography, drug dealing, gambling, harassment, stalking, spamming, cyber-attacks, or any intellectual infringement through use of our email services;
    • Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer / or other devices;
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    • Send unsolicited messages or messages in a language that is prohibitive, defamatory, vulgar, or such like;
    • Disseminate any information that is objectionable in nature or in violation of applicable laws or intellectual / ownership rights of any other persons / entities;
    • Reverse engineering, decompiling and / or attempting to hinder or restrict the functioning of the Website and Services in any manner whatsoever;
    • Conducting any fraudulent activities, including creating false accounts and providing inaccurate information to JTSPL for usage of the Website and our Services;
    • Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; and
    • Use the Website in a manner inconsistent with these Terms and any, and all, applicable laws and regulations.

(B) Please note that JTSPL has no obligation to monitor your usage of the Website and our Services. However, JTSPL reserves the right to: (a) review your usage of Services, and to remove any content in its sole discretion, if its deems the same to be in violation of these Terms and applicable laws, and (b) terminate your access to any or all of the Services at any time, without notice, in case the same are being utilised in a manner inconsistent with these Terms and / or applicable laws.

ANNEXURE II | PAYMENTS 

(A) PAYMENTS:

  • As part of availing our Services and creation of an email account, you are required to pay annual subscription fees as set out in pricing page, at the time of subscribing/ renewal  to our Services:
  • Please note that the annual subscription must be renewed on a yearly basis, with a grace period of 1 (one) week for renewal. Failure to renew subscription shall result in the termination of your existing account after the provision of 1 (one) weeks’ notice.
  • All payments should be done in Indian Rupees and transmitted to JTSPL through Indian resident bank accounts. JTSPL shall not be liable to accept any payments made to JTSPL in any other currency and /or through any other foreign / non-resident bank accounts.
  • JTSPL reserves the right to review and permit account creations by any Members. Each such Member has to prove themselves that they satisfy the criteria for creating email accounts and using the Services provided by JTSPL. If JTSPL finds any details submitted by such Members as suspicious, JTSPL reserves the right to not permit such account creations or delete the account created by the Member, in its sole and absolute discretion. In such an event, any amounts paid by such Members to JTSPL will not be refunded.

 

ANNEXURE III | TECHNICAL SPECIFICATIONS

  1. We shall provide plans with  10 GB (ten gigabyte), 1 TB (One Terabyte), 5 TB (Five Terabyte), of email storage as part of your subscription plan chosen by you. You may subsequently avail an additional storage spce by upgrading your plan at the annual subscription rate as specified in Annexure II.
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