By accessing, registering on, or using the Platform in any manner, you agree to be bound by these Terms and our associated policies, including the Privacy Policy, Copyright Policy, and Payment & Refund Policy. If you do not agree to these Terms, please do not use or access the Platform.

1. Account & Eligibility

1.1 Legal Eligibility: To use the Platform, you must be legally eligible to form a binding contract. By using the Platform, you represent and warrant that you meet this requirement.

1.2 OTP-Based Login and Account Access: Access to the Platform is authenticated through One-Time Password (OTP) based login using your mobile number. You are solely responsible for maintaining the confidentiality of your session credentials and ensuring that unauthorized persons do not access your account or device.

1.3 Responsibility for Activity: You are responsible for all activity that occurs under your login session. Send By App will not be liable for any loss or damage resulting from unauthorized access unless directly attributable to our negligence.

1.4 Multiple Accounts and Automated Access Prohibited: You shall not create multiple accounts or use automated means (bots, scripts) to access, interact with, or harvest data from the Platform.

2. Subscription, Payments & Mandates

2.1 Subscription Services: Certain features of Send By App are available only upon payment of subscription fees. These services are non-transferable, time-bound, and limited to the specific features outlined at the time of subscription.

2.2 Payment Gateways: Payments are processed through third-party gateways such as Razorpay, PhonePe, Paytm, etc. You agree to their respective terms and privacy policies. Send By App is not responsible for failures, delays, or service outages caused by these external providers.

2.3 UPI AutoPay Mandates: If you enable UPI AutoPay, you authorize recurring payments through NPCI-compliant platforms. Such mandates are subject to RBI regulations. You may revoke any active mandate directly through your banking or UPI app. Send By App is not liable for delays or technical errors resulting from mandate revocation or setup failure.

2.4 Taxes: All subscription fees are inclusive of applicable GST or other indirect taxes under Indian law, unless otherwise stated. Users shall not deduct or withhold any taxes from the amount payable to Send By App.

2.5 Refunds and Disputes: Refunds shall be processed only in accordance with our Payment & Refund Policy. Any unauthorized chargebacks without prior support escalation may result in temporary or permanent suspension of your account.

3. Acceptable Use & Platform Conduct

3.1 Prohibited Activities: You agree that you will not:

• Upload content that infringes copyright, trademark, trade secret, publicity, or privacy rights;
• Post defamatory, obscene, pornographic, or otherwise unlawful material;
• Use the Platform to harass, threaten, impersonate, or abuse others;
• Use Send By App in any manner that may disable, impair, or damage our systems or networks;
• Interfere with or disrupt other users’ experiences;
• Use any automated tools to access or scrape the Platform without written permission;
• Exploit the Platform for unauthorized advertising, phishing, or malware distribution;
• Violate any applicable laws or regulations, including intellectual property, IT Act, or cybercrime provisions.

3.2 Enforcement & Monitoring: Send By App reserves the right to monitor user activity for security, moderation, and compliance purposes. Repeated or egregious violations may lead to content removal, service suspension, or legal reporting.

4. User Content and Ownership

For more information on copyright information, please refer to our Copyright Policy.

4.1 Rights to Your Content: You retain full ownership of any content you create or upload, including text, images, or media generated through Send By App tools. By submitting content, you grant Send By App a limited, non-exclusive, royalty-free license to store, display, and distribute such content as part of the Platform.

4.2 Content Distribution: If you use any content developed by Send By App or shared on Send By App, then we shall continue to own the intellectual property rights in such content and such content cannot be reused or re-distributed for professional and business purposes.

4.3 Representations: You represent and warrant that you have all rights necessary to upload or use the content and that doing so will not infringe or misappropriate the rights of any third party.

4.4 Removal and Review: Send By App may remove or disable access to content upon receipt of a valid takedown request, user flagging, or if it is determined to violate our policies or applicable laws.

5. Community Guidelines

All users are expected to maintain decorum and respect others when posting or interacting through the Platform. You agree to:

• Avoid hate speech, slurs, or discriminatory content;
• Not impersonate others or misrepresent your identity;
• Not incite violence, hatred, or public disorder;
• Respect the privacy and consent of any individuals depicted in your content;
• Not use Send By App for illegal or exploitative activities, including uploading morphed or AI-generated explicit content.

Send By App reserves the right to act upon any violations, including reporting to competent legal authorities.

6. Content Moderation

Send By App uses:

• AI and machine-learning filters to identify explicit or abusive content;
• Human moderators to review flagged material;
• A ticketing system through our support team to handle complex abuse cases.

Upon receipt of a valid takedown request or regulatory order, Send By App will remove infringing content within statutory timeframes (typically 36–72 hours under Indian IT Rules). Repeat offenders may be permanently banned.

7. Data Retention & Deletion

7.1 Retention Period: User data will be retained:

• For the duration of an active subscription;
• Up to 90 days after user-initiated account deletion;
• For longer periods if required by Indian tax or cybercrime law.

7.2 Deletion Requests: Users may request deletion of personal data by emailing support@sendbyapp. We will process the request within 15 working days, subject to our legal obligations.

8. Intellectual Property

Send By App owns all rights to its brand name, design templates, AI tools, codebase, and platform features unless otherwise stated. Unauthorized use, redistribution, or adaptation is strictly prohibited.

• Republish or reverse-engineer any part of the Send By App application;
• Use Send By App trademarks or logos without express permission;
• Claim ownership over Send By App proprietary elements or designs.

9. Termination and Suspension

Send By App may suspend, limit, or terminate your access to the Platform:

• For violation of these Terms;
• Upon judicial, regulatory, or governmental request;
• Due to payment disputes, chargebacks, or fraud alerts;
• For extended inactivity or multiple failed login attempts.

Users may also request voluntary deactivation via email. Subscription benefits are forfeited upon account closure.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

• Send By App shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of the Platform;
• Send By App is not liable for third-party service interruptions, including payment gateways or hosting downtimes;
• Send By App total aggregate liability shall not exceed the fees paid by you to Send By App in the preceding 12-month period;
• You use the Platform at your own risk. Features like AI-generated output are provided "as-is" without warranties of fitness or accuracy.

11. Indemnification

You agree to indemnify, defend, and hold harmless Send By App and its directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal fees) arising from:

• Your use of the Platform;
• Your violation of these Terms or any applicable law;
• Your infringement of any third-party rights, including intellectual property, privacy, or publicity rights.

12. Force Majeure

Send By App shall not be held liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, internet outages, governmental action, or third-party service failures.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts located in PCMC, Pune.

14. Changes to Terms

Send By App reserves the right to modify these Terms at any time. Material changes will be communicated via in-app notifications or email. Continued use of the Platform after changes constitutes your acceptance.

15. Grievance Redressal

In accordance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the following Grievance Officer has been appointed:

Grievance Officer: Legal Team, Send By App Pvt. Ltd.
Email: support@sendbyapp
Jurisdiction: PCMC, Pune

Last Updated: October 2025